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Agenda 04-10-18Community Redevelopment Agency Board Meeting Tuesday, April 10, 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 Recap 8. Information Only A. Marketing and Business Development Campaign B. Public Comment Log C. Public Relations Articles Associated with the BBCRA 9. Public Comments 10. Consent Agenda A. Financial Report Period Ending March 31, 2018 B. Monthly Purchase Orders C. Approval of CRA Board Special Meeting Minutes -March 13, 2018 11. Pulled Consent Agenda Items 12. Public Hearing 13. Old Business A. Discussion and Consideration of Payoff of CRA Homebuyer Assistance (Tabled Program Mortgage between Lasendra Hoggins Wilson and the CRA 3/13/18) B. Consideration of Addendum to Purchase and Sale Agreement for 211 E. Ocean Avenue, a/k/a Magnuson House C. Consideration of Boynton Village, LLC Compliance Audit D. Consideration of Parameters for an RFP/RFQ for Redevelopment for CRA Owned Parcels within the MLK, Jr Boulevard Corridor E. Consideration of Parameters for an RFP/RFQ for the CRA Owned Property Located at N E 4th and N E 5th Avenues, a/k/a the Cottage District F. Consideration of Fiscal Year 2017-2018 Budget Amendment for Property Acquisition Funding 14. New Business A. Consideration of Purchase and Sale Agreement for the Properties Located at 211 N E 9th Avenue and N E 11 th Avenue B. Consideration of Funding of Intersection Improvements Associated with Florida Department of Transportation US 1/Federal Highway Project C. Discussion and Consideration of Lease Terms for the Property located at 201 N E 9th Avenue D. Consideration of Request from the Boynton Beach Playhouse for use of the Historic Woman's Club of Boynton Beach E. Consideration of Transfer of the CRA Owned Property Located at 201 NE 1 st Avenue for Use in the Town Square Project 15. CRAAdvisory Board A. CRAAdvisory Board Agenda - April 5, 2018 B. Pending Assignments 1. None C. Reports on Pending Assignments 1. None D. New Assignments 1. None 16. Future Agenda Items A. Consideration of Interlocal Agreement between the Boynton Beach CRA and City of Boynton Beach for Funding Associated with the Model Block Project 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. I Community Redevelopment Agency Board Meeting Tuesday, April 10, 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 Recap 8. Information Only A. Marketing and Business Development Campaign B. Public Comment Log C. Public Relations Articles Associated with the BBCRA 9. Public Comments 10. Consent Agenda A. Financial Report Period Ending March 31, 2018 B. Monthly Purchase Orders C. Approval of CRA Board Special Meeting Minutes -March 13, 2018 11. Pulled Consent Agenda Items 12. Public Hearing 13. Old Business A. Discussion and Consideration of Payoff of CRA Homebuyer Assistance (Tableau Program Mortgage between Lasendra Hoggins Wilson and the CRA 3/13/18) B. Consideration of Addendum to Purchase and Sale Agreement for 211 E. Ocean Avenue, a/k/a Magnuson House C. Consideration of Boynton Village, LLC Compliance Audit D. Consideration of Parameters for an RFP/RFQ for Redevelopment for CRA Owned Parcels within the MLK, Jr Boulevard Corridor E. Consideration of Parameters for an RFP/RFQ for the CRA Owned Property Located at N E 4th and N E 5th Avenues, a/k/a the Cottage District F. Consideration of Fiscal Year 2017-2018 Budget Amendment for Property Acquisition Funding 14. New Business A. Consideration of Purchase and Sale Agreement for the Properties Located at 211 N E 9th Avenue and N E 11 th Avenue B. Consideration of Funding of Intersection Improvements Associated with Florida Department of Transportation US 1/Federal Highway Project C. Discussion and Consideration of Lease Terms for the Property located at 201 N E 9th Avenue D. Consideration of Request from the Boynton Beach Playhouse for use of the Historic Woman's Club of Boynton Beach E. Consideration of Transfer of the CRA Owned Property Located at 201 NE 1 st Avenue for Use in the Town Square Project 15. CRAAdvisory Board A. CRAAdvisory Board Agenda - April 5, 2018 B. Pending Assignments 1. None C. Reports on Pending Assignments 1. None D. New Assignments 1. None 16. Future Agenda Items A. Consideration of Interlocal Agreement between the Boynton Beach CRA and City of Boynton Beach for Funding Associated with the Model Block Project 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. I CRA BOARD MEETING OF: April 10, 2018 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 7.A. SUBJECT: Movies in the Park SUMMARY: APRIL MOVIE RECAP • The Movies in the Park event will be held on April 6th and features the film Enchanted. • Prior to the start of the movie, a video trailer will feature five local CRA businesses: Hour Cucina, Finest SportFishin, Nutrition Cottage, That's Amore Pizzeria, and Cooperative Real Estate Alliance. • Approximately attendance: (to be announced) • Survey data: (to be announced) MAY MOVIE ANNOUNCEMENT The May 4, 2018, screening of Movies in the Park will feature the film The Incredibles. 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/Pixar film is rated PG and is categorized as an action/adventure. • 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 March. (Exhibit A) FISCAL IMPACT: FY 2017-2018 Budget, Project Fund line item 02-58500-480, approximately $3,000 expended forApril the 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 ExhibitA Exhibit A - Movies tithe Park -Enchanted #L ove Boy Mon Be a ch Bovnton Beach CKA Learn Mom IL 2 11,)7 ppop« reached Boosted an M a r 26 Audience uMedS!ates Flood@ ,R » J !cam ero H Sha;es Boynton each CRA *faun al 4A"rim 0 Attenti on Popcorn Lover s 1 The first 100 people that come to #"JoviesintheParK Feceive a FREE t)a,g of popcom.. Next Friday, April 6th we will fiealure Enca,nted, doWt miss it.... 129 E. Ocean Ave- at 930 PM. ow.Iy/JZQV3Oj3aTQd' AL 834, peopke reached 'I Con'-,,menl 4, Snares Boynton Beach CRA On April 6th 44,4oviesinthePark will feature the award winnjflg cornedly, Enchanted, starring Amy Adams- This FIRE.Eiklovie night starts at 8:3G PM and is located at the Ocean Avenue, Arnphitheatre (129 E. Ocean Ave.) in Boynton Beach. ow,.Iy(`qZQV30-j3a?Qd Wel,rz,or-r-�re, lb 'T'h,e Re -all 'W r1d.. AL32201 people reached [elov ie N io lit # Fa m i I,y # #comeay Bo),ilton Beach CR. A Learn More AL 4193 people- reached Boosted ofl Mar 23 Audience: UnRed Stapes: Ro6lda, I P, - 65, , People to �s ' S, n a re 0111 I 0 a 0 0 V NEC 0 0 Boynton Beach CRA, March 22 al 2:25pm 0 Get vour fleas ready for the next Movies in the Park, Friday, April 6th at, 8-30 PM,,,ve will feature Enchant edcry the Big Screen! 129 E. Ocean Ave. iii *Boyntf-� n Beach - #rcomedy F-40ovieNight A 204 peolple reached susan �Iarnsaano Vanda (--',re7,en%pwcj, d BoyMon Beach CRA umdx& March H at,3:33pm, 0 NEXT FRIDAY! 4"MoviesinthePark fieafuFes I isney's, Enchanted on the big screen[ Don't mi s s the epic battle bet wee n g God & evil. * See'vvh Mins #fife1st faJE tale Boyiiton Beach CKA, putAlc 1 t8 p e,aMV� rescuer Learn More Boynton. ,each CRA ,4zS,A Pubk,'shed by Az.nl, Huss&n !-� Moarch 28 Eli 2.20pn, 0 We are looking forward toov ies int e Park, next Friday, April ter at 830 Pr,�I. Tag a friend to, come watch Enchanted under the stars at the Ocea.n Avenue Amphitheatre (129 E. Ocean Ave.) in Boynt.on Beach! Get More Likes, Comments, and Shares When you baGst this post, you'll show it to more. people - 9 Your video is popular in FIoHHIa 0 Pam Sagho and R,ck D-1110 'I Conrxneni 1 Share Like irnman-, r,> Shave i V Soymon Beach CRA shared their event, March2laT12-10pn-i 0 #�,vIcj,viesIntheFarK will feature Disney's Enchanted on the BI! G SCREEM The first 100 people receive a. FREE bag 011i" POPCOM! "Mvie NigIrl: #'-Farnily I "Tiaras --. F -�Princess. APR Movies, in the Park -Enchanted ve Interested CI S,, .2, F,"4, 'I "1 5, C ea, n, A v, e, C. 6 '1 f 11 0 ics..., C� c�, n e-, r, C-1 AL 2 29-4 pecjp&=,, re@ched Ulke Coniment View Promotion Share ag I nton Beach CRA sinared a Pap. Ma rch 29 -al 1 � 1 Opm sO Check out this page forte movie Effie sated and then come watch it: next Fridav at:;WJ(jvjesin4hePark in, Boynton Beach. -47flifle-isafaiRrtale AL ..120 ia�-oplp reached Upcoming - May 4t" Movies in the Park- The Incredibles I CRA BOARD MEETING OF: April 10, 2018 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 7.13. SUBJECT: Music on the Rocks SUMMARY: APRIL MUSIC ANNOUNCEMENT The next Music on the Rocks 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 _Stage Banners —Music on the Rocks stage banners were created for the East Ocean Amphitheatre to further promote the event. $900.00 (Exhibit A) Alco Capital Theaters- Staff created a Movies in the Park and Music on the Rocks screen advertisement that was aired before the movie on all 8 theater screens as an opening to the movie from 10 am until 9 pm. Movies & Music ad will air April - June. $450.00 (Exhibit B) 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 March. (Exhibit C) FISCAL IMPACT: FY 2017-2018 Budget, Project Fund line item 02-58500-480 - approximately $3,315 expended forApril 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 A - B D Exhibit C the mmio"' - -0 01 K S FREE CONCERT January 19 February 16 April 20 May 18 June 15 6-9 am PRESENTED BY BOYNTONCRA BEACH catch boynton.com IES IN THE PA on the APRIL 20th 6- FMfi1 ROCKSMAY 18th 6-9 PM IRA JUNE 151h 6-9 pM AS PRESENTED BY BOYNTON =BEACHTCRA catchgoynton.com I CRA BOARD MEETING OF: April 10, 2018 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 7.C. SUBJECT: The 4th Annual Blarney Bash Recap SUMMARY: On Saturday, March 17, 2018, the Boynton Beach CRA hosted the 4th Annual Blarney Bash event in the downtown district. Event details are as follows: • The estimated attendance for the event was 3,500 people. • The ADA interpreters who were onsite assisted 13 hearing impaired patrons. • The Neighborhood Officer Program (NOP) had a vendor tent onsite to engage with event patrons and provide information about their program. • Six retail vendors and nine concession vendors participated at the event. The agency[ collected $5.311 in vendor fees. • In an effort to engage the community and obtain demographic information event patrons were encouraged to complete a short feedback survey. The results from the 255 surveys collected are as follows: • Connection to Boynton Beach: • Resident - 57% • Work - 8% • Leisure -13% • Visiting - 22% • Heard about event via: • Print advertisement - 21 % • Banner - 14% • Flyer - 11% • Social Media -19% • Friend - 22% • Website - 5% • Other - 8% • Age range of attendees: 018-24-7% 0 25-34-13% 0 35-54-24% * 65 plus - 26% • Sex: • Male - 27% • Female - 73% • First YearAttending Event: • Yes - 75% • No - 75% EVENT MARKETING PLAN 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 in March appeared in the northern addition also as a bonus it appeared in the Southern edition, which cover Boca Raton and Highland Beach. $525.00 (Exhibit A) 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 Wednesday, March 14 ad was a reminder ad to "Eat, Drink & Be Lucky' at the 4th Annual Blarney Bash celebrating St. Patrick's Day. $429.00 (Exhibit B) Alco Capital Theater - Staff created a Blarney Bash screen advertisement that was aired before the movie on all 8 theater screens as an opening to the movie from 10 am until 9 pm. Blarney Bash ad aired February 16 - March 16. $450.00 (Exhibit C) Catch Boynton Blog - A blog is a website that combines text, images, and links to serve as a social networking service. The CRA blog can be found at catchboynton.wordpress.com. The "Catch Boynton" blog focuses on news worthy events happening in Boynton Beach. By blogging, we can reach a more diverse audience to encourage and inform them about Boynton Beach and all that the City of Boynton Beach has to offer. Follow catchboynton.wordpress.com for updates covering a various scope of things to do around the city. The month of March featured the 4th Annual Blarney Bash, The Legend of the Blarney Stone. (Exhibit D) 1-95 Billboards - The billboard located on Gateway & 1-95 displayed Blarney Bash at the beginning of March through March 16. $225.00 (Exhibit E) New Times — The New Times ad campaign ran two weeks before the Blarney Bash event with a digital presence on the New Times website http://www.browardpalmbeach.com/, and an email newsletter blast delivered to 15,399 emails. The Click -through rate (CTR) on the digital ads were .85, which is 10 times the national average, CTR is the percentage of people who click on the ad after seeing the ad. $755.00 (Exhibit F) Boca Life Magazine website — Blarney Bash was mentioned in the Boca Life Magazine website under Around Town Here's How to Celebrate St. Patrick's Day in Boca Raton, Delray Beach, and Boynton Beach. The average page view is 36,742. N/C (Exhibit G) 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. (Exhibit H) FISCAL IMPACT: FY 2017-2018 Budget, Project Fund line Item 02-58500-480 - approximately $24,602 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Unless otherwise offered by the CRA Board, a motion is not required at this time. ATTACHMENTS: Description D ExhibitA-F Blarney Bash D Exhibit G D Exhibit H Social Media Exhibit A - Coastal Star Exhibit B — Gateway Gazette Exhibit C — Alco Capital Movie Theater Exhibit D- Blog 5 14 MIK4100112,1114=261 Exhibit E — Billboard Exhibit F — New Times Exhibit F — New Times I DOC"d Llfu u) M A G A Z 1 N E ABOUT US (/PRINT -SUBSCRIPTION) - SUBSCRIBE - SUBMI ttps:!/grgp�. q�JI@gYg(>F{gl pc,gly(( 1p If gl�y; ,/Ag7B�fQgttt//$'p7tJpjgi lag�t I (https://w .pinterest.com/BocaLifeMag/) ASK THE EXPERTS (/ASK -THE -EXPERTS) Search MAGAZINE (FEATURED -PROFILES) FOOD & DRINK (HTTP:/IBESTRESTAURANTS.BOCALIFEMAGAZINE.COM/) FASHION & BEAUTY (SUP-FRONT/STYLE-FILE) TRAVEL ((UP-FRONTgRAVEL-TALK) AROUND TOWN (/UP-FRONT/AROUND-TOWN) CHARITY GUIDE (CHARITY -THE -ARTS -2017-2018) (/requestform/ncjs) COUPONS AVAILABLE MCI= Home (/) >> Noteworthy (/up-front/noteworthy) Here's How To Celebrate St. Patrick's Day In Boca Raton, Delray and Boynton Beach by Natalya Jones (/author/Natalya Jones) Mar 06, 2018 05:19 PM (https: //www.bocalifemagazine.com/sites/default/files/upfront/originalimages/st—patricks_day.jpg) Black Rose Irish Pub What is green and only comes once a year? No, it's not your vegetable intake, it's St. Patrick's Day, the holiday where everyone pretends to be Irish and uses the holiday as an excuse to drink copious amounts of Guinness and whiskey. For those of you looking for St. Patrick's Day plans in the local area, we found 10 events happening around Boca Raton, Delray Beach and Boynton Beach. Boca Raton For the largest St. Patrick's Day block party in Boca Raton, head over to the Black Rose Irish Pub. Fare will include traditional Irish dishes, such as bangers and mash, corned beef, shepherd's pie and late-night barbecue. There will be live music from bands Just Like We Practiced and Penquim, as well as two DJs (one outside and one inside). As if that wasn't enough, outdoor bars, shot girls, beer tubs and a Soo -pound ice loge will be there, too. The event starts at 11 a.m. and ends at 2 a.m. 234 S. Federal Highway, Boca Raton; 56i.392.38o8; blackroseboca.com (http://blackroseboca.com) The Dubliner The Irish bar will host a traditional Irish buffet with live music by a U2 tribute band, SpiderCherry, Irish cloggers, bagpipers, the Palm Beach Pipes & Drums Marching Troop and more. The rowdiness starts at a a.m. 435 Plaza Real, Boca Raton; 561.620.2540; sub-culture.org/dubliner (http://sub-culture.org/dubliner) Delray Beach Death or Glory SHARES (https://www.messenger.CoM/t/132241893459280) ([% Aachoims Boca Raton House Blueprints Bar Beer Pub Delray Latest Stories (http://www.bocalifemagazine.co m/latest-stories) The in Best Hidden Gems In * u Hotels In Boca Raton And Fort Lauderdale To Stay At During Spring Break (/up- -,, ._.as. front/noteworthy/u-hotels- (/up- boca-raton-andfort- front/noteworthy Lauderdale-stay-during-spring- /11-hotels-boca- break) raton-and-fort- lauderdale-stay- during-spring- break) The in Best Hidden Gems In * Boea Raton And Delray Beach (/up front/noteworthy/io-bes t- hidden-gems-boca-raton-and- (/up- delray-beach) front/noteworthy /10-best-hidden- gems-bc-_ Photo courtesy fDeath or Clory This eclectic restaurant will be hosting its inaugural party in The Parking Lot, which is located behind the restaurant. Free flower crowns will be offered to the first 5o guests and will be sold for $to each afterwards. Fifty free Gunpowder Irish Gin cocktails from The Shed Distillery of PJ Rigney in Drumshanbo, Ireland will be given out as well. There will also be house -made shepherd's pie for $14 and vegan shepherd's pie for $18. The party starts at 4 p.m. 116 NE Sixth Ave., Delray Beach; 561.808.8814; deathorglorybar.com (http://deathorglorybar.coin) Delray Beach's Both Annual St. Patrick's Day Parade Photo courtesy of Code 3 Events Join in the annual Delray Beach festivities for its 5oth St. Patrick's Day parade, beginning at 11 a.m. For those who want special treatment, there will be a VIP party on the second floor balcony of 32 East restaurant. The $too reservation includes food, drinks and a prime view of the parade. Old School Square Park, Delray Beach; 561.990.6125; stpatrickmarch.com (http://Stpatrickmarch.com) St. Paddy's Shamrock Ball Attendees at the St. Paddy's Shamrock Ball will have the opportunity to win big as they dance and compete to win prizes at the Delray Ballroom. This event will include catering, trophies and more. U.S. Rhythm Champion Susie Thompson will also cover dancing techniques like turns, shaping and connection. The festivities begin at 8 p.m. and end at 10:30 p.m. 5850 W. AtlanticAve., Ste.13o, Delray Beach; 561.359.2222; thedelrayballroom.com (http://thedelrayballroom.com) Dgynton Beach Copperpoint Brewing Company SHARES raton-and- delray-beach) YL : Y y4 r 'ri f #s g n ON& . . . . . . . . . . . . FREESHIPPING EMMMEM Most Viewed (http://www.bocalifemagazine.co m/most-viewed) Stylish Decor: Amy's Favorite Interior Pieces (/up- front/style-file/stylish-decor- (/up-front/style- canys favorite -interior -pieces) file/stylish- decor-amys- favorite-interim'- pieces) Get The Look: Comfy Chic (/up - (/tip_ front/style file/get-look-comfy- chic) front/style- file/get-look- comfy-chic) Changes The Coffee Culturer TR1 , - (/up_ In Boca Raton With Specialty Roasts And Local Partnerships t,.. . (/up front/noteworthy/r1- front/noteworthy changes-coffee-culture-boca- /rt-changes- raton-specialty-roasts-and- coffee-culture- local -partnerships) bora-raton- specialty-roasts- and-local- partnerships) YL : Y y4 r 'ri f #s g n ON& . . . . . . . . . . . . FREESHIPPING EMMMEM Most Viewed (http://www.bocalifemagazine.co m/most-viewed) Stylish Decor: Amy's Favorite Interior Pieces (/up- front/style-file/stylish-decor- (/up-front/style- canys favorite -interior -pieces) file/stylish- decor-amys- favorite-interim'- pieces) Get The Look: Comfy Chic (/up - (/tip_ front/style file/get-look-comfy- chic) front/style- file/get-look- comfy-chic) EI Camino Mezcal & Tequila ' Bar Develops Custom Croft Brew With Funky Buddha (/up- t,.. . front/foodie-corner/el-camino- (/up- mezcal-tequila-bar-develops- front/foodie- custom -craft -brew ftmky- comer/el- buddha) camino-mezcal- tequila-bar- develops-custom- craft-brew- funky-buddha) YL : Y y4 r 'ri f #s g n ON& . . . . . . . . . . . . FREESHIPPING EMMMEM Most Viewed (http://www.bocalifemagazine.co m/most-viewed) Stylish Decor: Amy's Favorite Interior Pieces (/up- front/style-file/stylish-decor- (/up-front/style- canys favorite -interior -pieces) file/stylish- decor-amys- favorite-interim'- pieces) Get The Look: Comfy Chic (/up - (/tip_ front/style file/get-look-comfy- chic) front/style- file/get-look- comfy-chic) When Technology Failed, Good ' Old Detective Work Led To Bust Of Sea Turtle Egg Poachers t,.. . (/upfront/noteworthy/when- (/up- technology-failed-good-old- front/noteworthy detective-work-led-bust-sea- /when- turtle -egg -poachers) technology - failed -good -old - detective -work - led -bust -sea - turtle -egg - poachers) YL : Y y4 r 'ri f #s g n ON& . . . . . . . . . . . . FREESHIPPING EMMMEM Most Viewed (http://www.bocalifemagazine.co m/most-viewed) Stylish Decor: Amy's Favorite Interior Pieces (/up- front/style-file/stylish-decor- (/up-front/style- canys favorite -interior -pieces) file/stylish- decor-amys- favorite-interim'- pieces) Get The Look: Comfy Chic (/up - (/tip_ front/style file/get-look-comfy- chic) front/style- file/get-look- comfy-chic) Photo courtesy of Copperpoint Brewing Company The Boynton brewery will be serving up traditional Irish food from Silver Spark, including corn beef and cabbage, shepherd's pie and more. As far as beer goes, the famous B. Rabbit nitro stout, some vintage imperial stouts and an A-io red IPA aged in Jameson oak barrels will be featured. The fun starts at 3 p.m. 151 Commerce Road, Boynton Beach; 561.5o8.7676; copperpointbrewingcontpany.com (http://Copperpointbrewingeompany. com) NOBO Brewing Company For a more relaxed vibe, head to NOBO Brewing Company. There will be a special randall containing an imperial stout with Jameson pecans and Jameson -soaked oak. Fach beer from the randall costs $6. There will also be a food truck on site. NOBO is open from noon to it p.m. on Saturdays. 29o1 N117 Commerce Park Drive, Boynton Beach; 561.320.1522; nobobrewing.com (http://nobobrewing.com) Due South Brewing Co. Due South will be hosting a St. Patrick's Day craft fair. Local artists will be there selling handmade items such as wood crafts, shell jewelry, crystal and fine metal jewelry, clothing items, organic soaps and more. From noon to 5 p.m. there will be food from Guaca Go, and from noon to to p.m. food from Tacos Vercntz will be available. Note that visitors must be 21 years old or older to enter the event after 6 p.m. 29oo High Ridge Road, Ste. 3, Boynton Beach; 561.4632337, duesouthbrewing.com (http://duesouthbrewiiig.com) Bar Louie Bar Louie will host its annual St. Pat's Day Bash for three days. There will be $4 Green Beer and $7 Jameson specials all day long, as well as live entertainment. The party starts March 16 at to a.m. and ends March 18 at midnight. 15oo Gateway Blvd., Ste. loo, Boynton Beach; 561.853.00go; barlouie.com (http://bariouie.com) Fourth Annual Blarney Bash Photo umd,,y of the City of Boynton Beach The city of Boynton Beach will be hosting its Blarney Blash chock full of events for all ages. Attendees can kiss the Blarney Stone, chat with a leprechaun and partake in activities like the shamrock costume contest, face painting, balloon art, video games, corn hole, a giant inflatable slide, a bounce house, rock wall, giant Jenga and more. There will be live music from the Aranmore Academy of Irish Dance, Steeltown Religion, Celtic Mayhem and Rogue Theory. Food and drinks, including green beer and craft beer selections from local breweries, will be available for purchase. The best part? This event is free. Tl1e bash is being held from 4 p.m. to 9 p.m. 129 E. Ocean Ave., Boynton Beach; 561.6o9.9o93; catchboynton.com (http://catchboynton.com/index.php? option=com_ k2&oiew=item&id=871) SHARES Justin Timberlake: `The 20/20 Experience' (/up frotu/around- town/justin-timberlake-2o2o- experience) Memphis' presented by Bank (/Up- ofAmerica Broadway Across * '- America & Florida Theatrical l Association (/up-front/around- front/around- toum/memphis presented- town/memphis- bank-america-broadway- presented-bank- across-america jlorida- america- theatrical) broadway-across- america-florida- theatrical) 'Futurism: Concepts and Imaginings' (/up - f -on t/around-town/fu turf srn- concepts-and-imaginings) Justin Timberlake: `The 20/20 Experience' (/up frotu/around- town/justin-timberlake-2o2o- experience) Want to be in the know about all the best events, restaurant openings and more in Boca Raton and Delray Beach? Sign up (https://www.bocalifemagazine.coin/boca-agenda-subscribe) for our Boca Agenda, a biweekly newsletter that lists things to do in the area. Want a print subscription? Click here (https://www.bocalifemagazine.com/print-subscription). TAGS: ST. PATRICK'S DAY (/ST-PATRICKS-DAY), EVENTS (/EVENTS), THINGS TO DO (/THINGS -DO), BARS (/BARS), BOCA RATON EVENTS (/BOCA-BATON-EVENTS), PARADES (/PARADES), FESTIVALS (/FESTIVALS) Related articles: ATrip To Ireland Is Not Complete Without Visiting Ashford Castle, Where The Guinness Family Once Lived (/features/trip- ireland-not-complete-without-nisi ting -ash ford-castle-where-gu inness-family-once-lived) Learning About The City That Isn't Where It Is Anymore: Exploring The Shenandoah Valley, Brazil And Ireland (/up- front/publishers-letter/learning-about-city-isn t -where -it -a nymore-exploring-shenan doah-valley) *71 3 Plants Remove Deep 20 Best New NE Florida Luxury 10 Best Happy Hours Fat Restaurants In Boca Homes In Boca Raton Raton And Beyond Party All Night Long 10 Hidden Gems in Louie Bossi's To Open Louie Bossi's Will Be Boca Raton And In Boca Raton, Opening A Delray Delray Beach Bringing... Location In 2017,... (/) ABOUT (/ABOUT -US) STAFF BIOS (/STAFF -BIOS) CONTACT US (/CONTACT -US) MEDIA KIT (/MEDIA -KITS) SUBSCRIBE (/PRINT -SUBSCRIPTION) ADVERTISE (/CONTACT -US) C 2018 Soca Life Magazine -A Gutlstream Media Group (hdp://w .gulfslreammediagroup.com/) Publication (http;//w .bacAifemagazine.com/rss.=I) SHARES Exhibit H - 4t" Annual Blarney Bash Soynton Beach CRA. March 17al 3:04pm The stage f #FBBBIame,,,Bash is almost set!, Rogue Theory B -and kicks off the event in just I MUM I 'I lei, 11 14 . ... . , ....... A 4 . ..... ... I 1 11 '1 '-a, , , ,, , 7 . . . ....... IL ;S,4' pe,3pk� reached Boymon Beach CRA March 17 at 1T06am 0 Happy St., PaI.Mck"s Day! Come celebrate with us at -r4rBBBlameyBash...vou might get lucky afld winone of these pint glasses.. AL 299 per,�plp- reached 0 Bets%, ',O)dlorns and 4 od'ht-.irs I Boymon Beach CRA, P-,A.ar&. 15 al 5.39pm 0 Lo,u ki ng for a Tun way to ce le bf ate St Patficks's Dai? Com e, to "BIBBIlarneyBash in Baynton Beach tomorrow and enfov authentic Irish music by Celtic Ma,,hem,fat Dish food, anddrink green beer. -#-',Luc ky 1 n Boy nton Beach ow.Iy,,qb573,Cj!U2Ps AL 2 -45 p&qn, le, rea,cf1ed 0, u,,'an i-iams 11 ®, e--% - R '. Boynton each CRA, Publi,shedir, bY Az:km Huss&�n March 16 al, 2:49pm 0 St. Patrick's Day is tomorrow! Get your green on at F"BBBlarfle:-�Bashi Live rnasic, co turves contests: kids activities, food. drInKs and much mare -I ow !lv,qb5T3GiU2Ps Get More Likes, Cornments, and Shares When you boost this post, youll show it to mare people - JL Your video is popular with woFFven beMe,En thie arjes 16-11 0 iv,, a rY i_-,, i, a i< e I " I a,,, i d e, i, �"v e 1 Y n a 1 e a s a €1 (1 llo " I s I Corr"nnent Boynton each CRA March V3 at VO-6pm �, '4�, Here is tyre e nterta i nm ent. scfi e d u le for —'1DB Blaf ney B a s h tomorroM Rog LI e Theof-y, 6ana. Steeftown R,eligiofl, Celtic k4hayhem.. Please note that these times are subject to change AL 236 pe- c-,,pk- reached (D!- -A b ail cu a n dn e rs CB -- Boynton Beach CRA MIA rch 14 at 4 � 1 6pm, 0 Bning orf roily and friends, V3 the 4th Annual Blarney Bash ails Saturday to watch Steeltown Religion perTorming, live at. the Ocean Avenue Arnphitheatre 12.9 E. Ocean Ave,- in Boynton Beach! cw.IyI,qb5:cT30PJ2Ps AL 209 people reached (Do Gnger Fqase r,-I-,,sb,,,,-,-ane ancl E:ddi—e VAler F, Boynton each CRA snared their event Marr�h 13 ai q:2i--lpn-,, 0 Feeling Way? Come test, your luck at the 4th Annual Blarney Bash this Saturday! -#Luck,InBoyntonBeachow.ly!qb57J-30,iU2Ps NIC"'R 4th Annual Boynton Beach Blarney B... 17 F Interested AL 2E people reached 10 VVav armd 2 M'-�e�s Boynton each CRA 5,4. PA'arch 13 al: I LI,5rm 0 Come -'shamrack," out at Boynton Beach's St. Patrick's, Day event ttijs Saturday at 4 P'NIJ, The event features live music from Rogue Theory Band, Steeltown Religion and Celfic "I'vlayhern, costumes contests, Irish Food arra much more! aw,ly/qb57T3,OIU2Ps A IS- $ peop[e, reached 0 Thia,is Nlacedou. Susari Hlari-is and 3 ,01, 1 ikp n EnTIlIrnp.ni ^-, 1,; h �q r P. Boynton each CRA Mardi gat-,13.15prn 0 Looking Tara Tun AW to celebrate St. PatrICK's, Day? BFIrg the entre family to the Ith Annuw Blarney Bash I'vlarch 171 #BBI3Wney6asb Bovnton Beach CRA LpaniMare A 3,, 617 2 p ewe ruched . . . . .... .... .... . . .... .... .... --------------- 0 189 152 133 19 Aie Ct,j iii.'! 6 6 0 C"I 13 13 0 37 37 0 Soynton,Beach CRA March 12 ai101Dpm - 0 Rogue Theo iry Band is kicking ofr Me 4t,,n Annual #EBBlafney-Dash this, Saturday at 4 PMI Come get a green beer and enjoy the show! 1129 E. I Ocean Ave,. in Boynton Beach.. ow lyfq,'bI5T?)QIU:2Ps A 1601 pe'opls reached 05ens-v 'VwNliarns and E. tothef, Boynton Beach CRA RiuRshef, by Az.,mHUSSLR,,,n Maic!,, 12 at 5:G-Ipm - 0, Boyflton Beach is celebrating St.Patrim's Day this Saturday, hdarch 17� Get Stour green -an an d fol n the f u nj —.6 BB I a rntey Sa sh # Gr e n #'L uckvi n Boy ntonBeach #71rish ow,K,/qb5,T31IU2JPs A 2 281 peop,e reached Boosted on I'vlar 12 Audience� United Slotes� Flo6da 18 - 65+, People Vievv Reafts Learn More lip Like Q Comment j:!> Share Boynton each CRA shared [heir event. A Pvlarch 11 M. T43pm 0 Down on your luck:? Come kiss the Blarney Stone at -74713 BBlarney Bash TO a rch 17 sari experi e nce the Irish legend flrst, ha no. c w. IW "I H 1 B30[Off, Co MAR 4th Annual Boynton Beach Blamey B... 17 s z arWi, � Boynton Beach CRA shared their event. Ma:r,:-,h 8 at 6.33pm 0 St. Patrick's Day is almost here! Get your green on and enter the 4th AnnL,ja] Bovnton Beach BlarneV as Shamrock C�sturn,e Contest Niarch 171 #rBE`O-Il?rneyE9ash MAR, 4th Annual Boynton Beach Blarney B... 129 EE -J� n, 0 " n't cion, E," 2;"r' F.: Interesled 17 AL 36131 penple reached Boynton Beach CRA added 5 new photos March 7 M 3:3113m 0 Who's ready for St. Patrick's Day? Bring the whole family out for face painting, balloon artists. !eprecfiaLInS,, fCC:k Clirnbing and more at the 4th Annual Blarney Bash klarch 17 in =# o5) nton Bea ch 129 E. Ocean Ave, o,,�v. Ily 11 H 1 B30 [05 C o A JH2 pco,,Wip reached C)i'�� I Coi-,�nnent Boynton Beach CRA, March 6a-1-5.13pm v The countdown is on!,#BBEI. arney-6Fsh is Niarch 171 Don't miss an opportunity to sell your product to thousands of people at #1513,BlarnevBashy. Register today to be a vendor at CatchBoyntcin.coni_ A 1814' people reached 0 ""e-nie-I'lre, SrFranc Come experience the ave and wonder at this year's Boynton Betch Blarney Bash. Saturday, March 17th', from 4-9 pm at 129 E. Ocean. #BB,9-1arn,eY6n Boynton Beach CR -A Learn More k.& C, L Boosted on Mar 9.6 A,udiencp.. UmZad&I.Ate: Florida 18 - 65�, People Vievu Results Boynton Beach CRA ... March 5 al I 24prn 0 Celebrate St. Patrick's Day March 17, at the 41h Annual Blarney Bash in Boynton Beacht Enjoy We music, Irish food- green beer and much more' Flash Bovnton Beach CRA Learn More JL 2 933 np4-: reached Performance for Your Post 0 ill IGO 11 S 0 3 3 ti S 29 29 0 'JH S l a 1 0 0 0 G NEGATIVE FEEDBACK 0 0 ,vj, dLO: 0 0 ijnl_,- Pao, Ro Tton Beach CRA .. wla r ch 4 at 5 1 Opm Green is the Memel St.. Patrick's Day is right, around the comer, Don't miss ,B65larneyBash in Boynton Beach.ow,l,,.l,/IjSK30flqtLj AL 271 peorfle rea,cfied ol ],,,l Seophka Cc) t_,. Susan 'CA'�--r anf,,', A oihe rs 1 IizsCrd 1Ake 0 Com en Share Boynton Beach CRA ua XA I'Awch 4 It's almost St.. Patricks Dayl Get your green on, and bring 'the whole farnily out to Blarney Bashi tfi is M arch 17! Lean more at, a%ev-ly `Li S K3,0 I I to A 2`60 pac,,Dle reached I C) SU'. --:,,an Azirq HUssak,�,-i am(l Edcfli:,,WiPer Sn a r -,e Boynton Beach CRAO WgAck March 3 0 Come be LUCKY in Bovnton Beach at the 4th Annual Blarney Bash, on Saturday, Mam'-fi 17, from 4.*,00 - 9M Phl 129 E. Ocean Ave. ow.1P�,,,iIJSK30ilqtu AL 2,8 1 11, e op Fea c hed Boynton each CRA e 23, rbruary.z.r If you have never seen a reel live leprechaun,,,come to El me Bash on March 17 and ,cru might be lucky eflough to Find one_ r_,m,6,,N,,,I'%AJ5K33DICFnG A '718peoPkereached !"1)0 V, -as G I i 9O ',i 5 `3', - ari 0,, er, an cl,' d H a t, k e r Soynton,Beach CRA 'PA Fe�;ruart ' 24 0, I'darch 17 is St.. Patrick's Day, dress the whole family M green and enter them into, the shamrock costume contest at Blarney Bash in -#'Boyntorx-Deacb A 220 peple reached (D susan, Over and ['anie'ta –A" 1" u— F-) 'K, c k — Boynton Beach CRA, .. Published b.v Az�m HussaM l'?i February 22, of your green ofl fGr#4-BBB,IameyBas-n March 17 jfl -#Bo'%,,nIICfl,Beach! ow.1yNqW30iyFr'XA A 1`975 peolA)e reached, .. . . ....... Booste,d ofl Feb 22 Audkance� UNIed StMas Flofida, 18 - 65-, People - Shari,-,- (DAm Sancliez- �%,Iatufieen Abbc.,,nun.,.") anci calhers 16 -s 0�) Like (.�.) CoammenShare IV Boynton ,each CRA90 F,P-,,)ru@fy 21 0 -#'BBBlarneyBash Is less than a month away andwe, want you to be a vendor! Expect to pet face-to-face expo s u re with over 3, Goo people l Visit catchboynton.com to download the vendor application today! A 2210 people reached 11DS',USL99, Oyer'-3nd Virlki Nichols HIN S h a r I CRA BOARD MEETING OF: April 10, 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 from the featured businesses. The April 2018 Movies in the Park video featured Hour Cucina, Finest Sport Fishing, Nutrition Cottage, That's Amore Pizzeria, Cooperative Real Estate Alliance. Five videos - $2,870.00 (Exhibit A) Coastal Angler — An ad in the Coastal Angler Magazine featured Boynton Beach Enjoy the Coastal Life highlighting the Boynton Harbor Marina fuel docks. Coastal Angler Magazine is a source for anglers, boaters, and conservationists and is the second largest free outdoor publication in the nation with 40,000 circulation per month in Palm Beach, Broward, Dade, and Monroe counties. $445.00 (Exhibit B) Neighborhood News - Working with Neighborhood News to reach out to the western Boynton communities, this marketing strategy will continue to promote downtown Boynton Beach. The March ad featured the marina marketing campaign Boynton Beach Enjoy the Costal Life highlighting the Boynton Harbor Marina fuel docks with an editorial about the Marina Valvtect Fuel and marine diesel. $615.00 (Exhibit C) Delray Beach Newspaper - The March issue of the Delray Newspaper, a full-page color ad featured the marina marketing campaign Boynton Beach Enjoy the Coastal Life highlighting the Boynton Harbor Marina fuel docks, 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 D) Florida Sport Fishing Journal/Online/Television - A quarter page ad was created for the May/June Offshore -Big Fish issue highlighting the Boynton Harbor Marina with a readership of 200,000. $737.00 (Exhibit E) CRAAnnual Report - The State of Florida requires all Community Redevelopment Agencies to file an Annual Report, on or before March 31 of each year. The Annual Report must contain the CRA's activities for the past fiscal year, which includes financial information regarding assets, liabilities, income, and operating expenses. The CRA is directed to publish a notice that the report has been file with the county and/or municipality, and that the report is available for review during business hours at the City Clerk's or CRA office or available on the CRA's website. Distribution of the 2017 Annual Report will be inserted in the Gateway Gazette and Sun Sentinel on April 11, 2018 reaching over 5,000 residents in the 33435 zip code. In addition, the Annual Report includes Capital Projects, improvements to Boynton Beach's downtown and information about grants and special events. The Annual Report is an ideal marketing tool for the community, visitors looking to open a business in Boynton Beach and Developers. Design $2,250.00 & $4,180.33 printed and inserted in the Gateway Gazette and Sun -Sentinel (Exhibit F) Schoolhouse Children's Museum Event Postcards - The CRA sponsored the postcards fro the Schoolhouse Children's Museum's event Princesses and Super Heroes. Staff designed and printed 1,000 postcards for the event. The CRA understands that building a relationship with the Schoolhouse Children's Museum will help promote downtown Boynton Beach as a destination by highlighting their initiatives that will attract visitors to the downtown corridor. $292.00 (Exhibit G) 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 is to keep the community engaged and informed about businesses in the CRA district #HitTheBiz. (Exhibit H) FISCAL IMPACT: FY2017-2018 Budget, Project Fund line Item 02-58400-445 - $3,445.00 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D ExhibitA-G D Exhibit H Exhibit A- Movies in the Park Video Ad Campaign Exhibit B- Coastal Angler Exhibit C - Neighborhood News Exhibit D - Delray News Exhibit E - Florida Sport Fishing Exhibit F- 2017 Annual Report Scl-hoolhouse CHdren's Exhibit G- Sponsorship Schoolhouse M U 5 E U M & L El. A P.AIMG C F Id I r P Children's Museum MEET PRINCESS & SUPER HERO CHARACTERS Local Super Heroes Police Officers & Firefighters PLUS Face Painting - Music - Games & Activities jo 0 YOTT,�, DENTISTRY —After s-', BQYNTON- 0 NIF ,C 0 TO('�'Pedial;H6 E A C H N &QBEACH �RA Exhibit H- Social Media Boynton Beach CPA added 6 ne,& photos. April 1, a! 12 DOwn 0 Enjoy Easter with the whole family by taking them our for a day of boating, fistug, jet skiing, snorkeling, and waterfront dining. All Rus fun awaas you at the Boynton Harbor Manna 735 Casa Loma Blvd in Boynton Beach. ;rEaster #LoveFL #Familv FH tTheBiz #'SundayFunday 00 SteVerl EaCCarell ifll- LiNaFl L.C),PC'Z aA,113cxil-rs 5, Sr, a r e s Boynton Beach CSA P.04,�hpdh, A-rv, Hussam ". Nlarch Ki at 12-53pni 0 V,Mo wants to the the March winner of the #ldoviesinMePark Social I'viede Contest?! YOU could be the lucky "dnner or a girt certificate to one or these local Bo){nton Beach Busmesses' All you have to do is: Tag a ffiend �H 4T he B iz 4 B SC RA #TG � F Get More Likes, Comments and Sham—s When you boost this post, youll show it to more people. JL Youvideo is popular wllhviortn heLve'en, the -.Jr-JJ, (D m'tssv siacc-',, Eq-�san Cve� and 7 c,cIners t7 C'onnmenls 2 Shacps 6 Like � Comment Shage Boynton each CRA shared Del Sol Bakery's photo, March 21381 6'331pm A defiCIOUS Easter awaits when vou order from Del of Sakerv- 44H,,jttIIeBIz Del Sol Bakery Living Pattern Mir, Like Page March '123 az Vi.03arn instagrarn 0 EaSt,8F 1,,S ',II OSI OWF, " Orda,, 3 dehuous four rayer carrot cake Mai cream chee,spbulbercre.-m to, oak: -brat& p" —7, anti -ill (9726 AL 1`263 peoole reach&d 0, ';-'Usan and Scil Bakery Boymon Beach CR.A. shared Mfusions Cafe'svideo — at. 9 Infusit-ms Cafe �-,.Aarch -27 M 2:39nm Boynl-om Beach 0, Easter Sunday is fight around the corner .and if you haven't tried I nftisionS Cafe- brunch yet, this is the time to do it'! ,, Just check out this video and youll see, what we mean–.. Click here for times and pricing:, infusions Cate Easter BfUnch "hitthr-biz,-- - -4blzsocial 4easter 4brUnch-"bcjyntoflbea&.h#srnop �bbcfa Infusions Cafe VIusions Cafe lir Like Page Marc27'al, 1-2 53p,m Boynton Beach 0, Do you 4ke Wunch"Cao you celebrate Easter',, Celebrate M. Mfusions Cafe, Easter Brunch Ns, Sundayl R SVFl faqir our 10, a. m. or n3o n sealing T(--' ErRf, S ea is ws h m il ed, C a 115 6 ", -5 7 PS -0 272 la boDk Rhe bet -seat it treat AL 3 03 pe spI--;, re a ch & d Boynton each CRA, March 27 M'1142pm 0 C ,7�a elebrafe�-' coT'Li:e,s day at Tipua il,.a Flats east Boyflton. ...We are getting �.=,Dosracers tonightl 74.HilTreBi.z.-I.4-iacc,s;-:HotBai,- AL 383, pe,, ple reached 0 KaMellirre sch,un, Pler'c'.p-des Cappi, ancll Boynton ,each CRA Nlarch 24 all 2.4.2prn . 0 We are sexcitect fOF NOVUS Escape Room - Ejoynion Beach - Fl ed to be the first escape Foom toflind its way to *BoyntonBeachl #H!tTheBiz 4ESCAPERR AKA, AOCONINGSOON AL 568 peopi wached Q wren avey Stowe. susan cNer anc!!;,� otners, 3 Con,-imer,,,,,:s 1 Share Boynton each CRA. adderl 8 n�e,,Av photos. March 2 3 ai 5 7pni 4A TGIFI Come hang out in Downtown Boynton Beach! We have live music, food, drinks and more! Here are a few communlbv favofltes- TWci Georges Wa'Lerfront Grille, Banana Boat Baci;-9mi, Hurrcane Allev, Sweetwater, Boss T�ccs, Cin woo 6cynt&n each, The Boardwalk Italian [ce & Creamery -,Boy,nton Beach, TFL. 141 pTe o p0a- re a ch ad 00 L,�z .jack and F. -,'O o`,ners, 3 Cornni-nots 2 Snares Boynton each CRA. added 4 new photos. It's #HUMpDayl That means you have completed half your work week, and you deserve something delici=ous ffom Sv,(,eetwager. .14HRTheBiz, A 4-1&peoplereaciied Debi Mauvin and 7'cAhe€s 27, Shanes Boynton ,each CRA, is a,,, 9 Nutrilkon Cot'Dlge Health Foods March 2-,,- ai 10,08am Somfon Beach 0 It's Wine Down Wednesday at Nutrition Cottage Health Foods! Taste some def cious,organic wines AND chocolate 4%o from 4:3,0-&30 PlAn, -F"hilfthebiz 4titz.sacial #s -mop :Ip"buyntonbear-b #bbcra A 4='imkaa,i neared Llblr.�v ,,/,asbou, Karen Surre,,i a,.nd 7 iolherS ,,-�;hares Boynton Beach CRA U0ftkPA March 20 at 5'19pm Spi-ling yourself fopuard. with a new horne in BoVnton Beach at, 500 Ocean Apa,rt.menll Homes- The, property has, amazing arnenit"ies, including a, fitness center, bowl'ing alley, movie theatre. and beautiful poolside views.. Call them today 561-536-4877. #H'AtheSiz -14Springlime #'Family #LoveFL. Boynton Beach, FL Apartinents, for Rent near Ocean. Ridge 1,5oo OCE.AIN 'Apartinents 5,00 OCEAN Apartments offers juxury apartments M Boynton Beach, FL near Ocean Ridge wiM, the finest amenffies. Visit our weDsite for more informat0n, 50 . �,DOCE,ANAP,-",RT'MENT'S,Cs ;I A&, 446 PPOP[e reached t) A -1 ain, `os-e-p.,Nne Radpri=Casefllo -,q,,id 'I t-,,the,,r 'E', ri, a r c`;`° 7'M H 1-1 SS,7 1 Boynton each CRA Pvla r c h 19 a -1 5 � 1 -3 zp, m 0 Having a little car trouble? Call the Easy P ay Tire Stare - Goody ea r at 561 - 7 -2.696 732-2.696 and they will 'Lake good care of you.. easypaytire-com =Hffhe-blz A 217 peofcle. ueoched Boynton each CRA .®o Flubh-shed uY Azim. Hu,s&n i,"- PiAarcn 15 a, 525pni -0 ,Guot bread? Del of Bake ' is yf one-stop shop when it c ies to fresh t)aked goods. #HtTheBiz. Get Move Likes, Comrnents and Shares When you ho,ost this post, "you'll show it to moire people. (D People have watched this video for a total i of 57 nflriute-s 0 E;le! Efaikeiry Aniii;-ea and 7 1 Comrnen,! I ' hare BoyrilonlBeach CRA ... Pubt��,Ahed by A-.7.f'n,, Hussain i March 15- at i0:22am W1. W in a, gift cediffii cate to orae olf these #B oy n uo n each business 1 All Y o u have to do is Tag a ffiliend Hope yo ur ream e, gels drawn at the end of the mo nth�' .. . - See Id ore A� - %J0 Get More Likes, Cornments, and Shares khan you boost this post, youll show it to moire people. AL I 'I D 0 rl e o df'e' reached 006 12 Comil'�ents '. hares Boynton each CRA Published twAcrm HwssMn 1''."P March 14 aa' &291pm 0 When it comes to surprising that special someone The Blossom oppe Flemst., and Gists has got you covered! Get. More Likes, Comments and Shares When you bast this post, you'1111 show it to more peoplie. A 3 153 people. reached ID Gar 1--a, Stephanie Bf(j,v,,n aind lvanda G,"re,erivv000' 1% . k - Boynton ,each CRA ... P,IJ bfish,ed by Azim Id us saiO March 13 a! '10, 59a m 0 Congratulations to Shan Laben C01spino for bejflg our Februar'y #IvloviesinthePark social media contest wiflnerl Enjc)y your time at B-3flana Boat! Stav tuned For more videos HilTheSiz %,0 Get More, Likes, Comments and Shares When you boost this, post, youll show R to mare people A 707 P,ear4e reached Lf;,, -,JF S�a'fy �Fbv' �m,d 13 dffil�rs "3 (-','ornt',nnts 2 Shares Boynton Beach CRA shared InflUsions Cafe's event — at Infusions Cafe. March 12 at 3:Hpm Boynton Seach 0 Enjoy a delicious four course family -style meal witflout, the fuss of cwking or c lean 1fl g at Infusions Cafe RSVP before it's too late! ,u Lean more mete , #11ththebiz #Nzsocial #bovnt(,)flheach -#4bbcra #Dopupchnner PJAR Infusions Cafe Sunday Family Dinner jfus-Ecms Cafp; r13k,,,,,n,7,.)L,,1 r..4 Interested 25 A 323 people- reached Chf iss Joann anial 3, col'.her.s." Boynton Beach CRA Nlarch 11 at 1142prn 0 Enjoy traditional fall off the -bone arbbq at Troy's Ear-Be-Que today! P[ace YOUF ordei, by calling 561-7 0-1125. 4HRIheBiz AL 214i: peovie, reached Boynton each CRA shared a Page. M.9 rch 1 D al 1 4 1 a rn 0 Enjoy the beaUtifUl 3':�Boyn',,n-neach weather with a day of kayaking at Padd�e Aluay Sports, 4'HittheBiz, T47K,ayak -41,ntra,coasta-1 A _7'70 peoO� reached 'V&SJMGL,�ShvL=,,,v Cat--Op.�eda amli 4 ol.liers ,J6 Like Page 0�) Like C7J Comment g> Share Boynton Beach CRA shared [,Garin a Cafe —Boynton's post. March 9 at 31:38Pm 0 There's a new hang out spot and coffee shop coming soon to the Mahna Village Boyrilon Beach FLI'U'll 1, Head over to, I4d adnew Cafe's ne , I Faceboo k Rage to check it out.. and give them a like , The place looks great inside, it"s dog-frjendlyM,nd ayou can't feat that view of the Boynton HarbortvlaNflal #Mlfthebiz #blzsoClal -#SlvlOP #boyntoribeach #bh.cfa #lnewbusiness City OT Bovntcm Beach, Govemmeflt Ma Virl rtna Cafe Boynton h`farinalage Boynton Beach FL March P-1 a'[ 1,041.pm, Egyntori each wk mdr Like Pane BeHe and Duncan are, excited to meet you! Nlarina I -'ale is rommgsoon l.o the Manna Vilage. Wevvit. be serving a variesy of Pde hoi oii s coffee s, pa stri-es, salt dwi ches, and s m oollfues . Ole wi R iyee Q y mu you [.ad o r, OU r ope n in a d atel A 473 Pecole reached Jodi Cfmrss. C-'Ilt,; �f Bc.,Y it Eieacn, Governmient and "3 �oohegs I Shar�-, Boynton Beach CRA shareo a Page 9, A Mi R,:h 8 at 2:31 rim Give your car the pampering it need's at tvlain ifeet Car Wash this weekend. Washes starting as low as $5,99. #.HittheBiz. AL f A0 p e op 1,-,, re a ch ed Like Comment Share Boynton each CRA. sdared Yoga Fit. Studios (Bovntoil, Beaacrj. klarch7at&4lam 0 lflteFeste,d in yoga? Go, to Inis beginflers yoga, or strop hosted by YagaFit Studios #.HittheBlz --Healtn 4FA Yoga Beginners Workshop --a" ��Vf "Y'092-Fil' StUdios (Soyntan Beach, F -L) 24 Interested A 231, peopl- reached Boynton each CRA shared SweenAater's pnoto. C UK A Nlarch 2 0 This looks refreshing... bring a,11 your friends cut for #-Ifiappyhour to Sweetwaler in Boynton Beach. #HitfAeBiz Sweetwater I& Like Page Februafy 29 Insfagrani 0 Fea'iudng the V%qi.skev Ultinia un,,� bourbon, B&B, frsnsh lemon juice, Bonne MB.man Stra,.w6erTy Preserves, Mubarb bitters & Bos'en Bitfahs AL 414 pec-�,pl--, reached 0 V! If, h,, I N I c, rS rj is H, EII I CRA BOARD MEETING OF: April 10, 2018 INFORMATION ONLY AGENDAITEM: 8.13. SUBJECT: Public Comment Log SUMMARY: See attachments. CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D Attachment I - Public Comment Log D Attachment II - Michael Weiner Email D Attachment III - Natasha Fatale/Boynton Beach Raw 'i 0 w v c -p 0 0 z o �t L U V H U m O c c m o w J70. °' O N U U r Z N W �y o o L N Q .� L L O �� A �2L . d Q o > U N '� Q(D =�>o (D U) _. 0(° E Q O wo� N > m0 o aO-O oEO UE (A O co >� (6 N (6 O N � E :E - E O o o >,�cn �' c� o N �} >o-0 � �U m m 0 E o (6 N N L >+ U a Q 'n O O C O > c N o C C 7cu: .. a y o _a L N E M U N E LU ~ > OU O LL U (6 OU i N N LL ! U � (6 Z O o N -a O yC — m o E O LT > p (�6 m oo a {�r W co N O ` M V Simon, Michael From: Michael Weiner <mweiner@ssclawfirm.com> Sent: Thursday, March 29, 2018 3:36 PM To: Shutt, Thuy; Anita Jairam Cc: Simon, Michael Subject: RE: MPO Local Initiative (LI) Grant Application for Boynton Beach Boulevard Improvements Truly, my pleasure. Thuy, you have impacted so many people in your career who do not even know you. You have strong beliefs in what makes a great community and you stand by them. Michael S. Weiner, Esquire Sachs Sax Caplan, P.L. 6111 Broken Sound Parkway NW, Suite 200 Boca Raton, FL 33487 mweiner@ssclawfirm.com www.ssctawfirm.com 561-994-4499 Office 561-237-6819 Direct 561-994-4985 Fax Please consider the environment before printing this email Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. Confidentiality: The email message and any attachment to this email message may contain privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you receive this communication in error, please immediately notify the sender by return email and delete this message. From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Thursday, March 29, 2018 3:28 PM To: Anita Jairam <ajairam@ssclawfirm.com>; Michael Weiner <mweiner@ssclawfirm.com> Cc: Simon, Michael <SimonM@bbfl.us> Subject: RE: MPO Local Initiative (LI) Grant Application for Boynton Beach Boulevard Improvements Thank you very much. Thuy Shutt, AIA, FRA -RA Assistant Director Boynton n Giemh Con-m-wnity RedeveIopmient Agency 10 N. Federal Hwy. I Boynton n Beach, Florida 3435 561-600-9098 6 I'll huttT@bbfLu l.ittp. at liboynton. r: n -,i LEW America's Gateway to the Gulfstream Please e advised that Florida has a goad public records law and all correspondence to n -ie via en -rail n-,Iay e subject to disclosure. Under, Florida records law, en -sail addresses aro public records. Therefore, your, o-n-iail on-in-wni a ion and your, e-n-iail address n-,iay e subject to public disclosure. From: Anita Jairam [mailto:ajairam@ssclawfirm.com] Sent: Thursday, March 29, 2018 3:16 PM To: Shutt, Thuy <ShuttT@bbfl.us>; Michael Weiner <mweiner@ssclawfirm.com> Cc: Simon, Michael <SimonM@bbfl.us> Subject: RE: MPO Local Initiative (LI) Grant Application for Boynton Beach Boulevard Improvements Please find attached a copy of the letter that was sent to Mr. Uhren today. Thank you. Anita N. Jairarn Legal Assistant to Michael S. Weiner, Esq. SACHS SAX CAPLAN, P.L. 6111 Broken Sound Parkway NW Suite 2001 Boca Raton, FL 33487 Tel 561- 994.4499 1 Fax 561- 994.4985 1 Direct 561-237.6802 aiairam@ssclawfirm.com I www.ssclawfirm.com Please consider the environment before printing this email Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. Confidentiality: The email message and any attachment to this email message may contain privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you receive this communication in error, please immediately notify the sender by return email and delete this message. From: Shutt, Thuy Sent: Friday, March 2],2O182:1]PM To: Michael Weiner Cc: Simon, Michael; Anita ]airam Subject: RE: MPO Local Initiative (0 Grant Application for Boynton Beach Boulevard Improvements You may address it to: For TPA Local Initiative Grant (TPA isformerly MPO) — Need byMid April Mr. Nick Uhren Executive Director Palm Beach TPA 23OONorth Jog Road, 4t'Floor West Palm Beach, FL33411-274Q | will get you the other contact for the Eastern Federal Lands Highway Division Access Program Grant (Same project but different sources of funding) Also, I spoke to our engineer at Kimley-horn and Associates and he said that the right turn lane issue was addressed with FDOTawhile back. Please see attached letter. Ifyou have any questions, please don't hesitate tocall. Thank you. ThuyShWtt, AIA, FRA -RA Assistant Director Boynton Beach CommunityRedeve|opmentAgency 71ON.Federal Hwy. I Boynton Beach, Florida 33435 �� 561-600-9098 QShuttT@bbf|.ua | IDhttp,vvvv.cotchboynton.com UA�U--il America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to n -ie via en-lail n-,Iay be subject to disclosure. Under, Florida records law, en-iail addresses are public records. Therefore, your, e-n-iail con-in-wnication and your, e-moi|address moybesubject topublic disclosure. From: Michael Weiner Sent: Friday, March 23, 2018 12:10 PM To: Shutt, Thuy <ShuttT@bbfl.us> Cc: Simon, Michael <SimonM@bbfl.us>; Anita Jairam <aiairam@ssclawfirm.com> Subject: RE: MPO Local Initiative (LI) Grant Application for Boynton Beach Boulevard Improvements Thuy, to whom do I address my letter of support? Let me know. I am working on it now. Michael S. Weiner, Esquire Sachs Sax Caplan, P.L. 6111 Broken Sound Parkway NW, Suite 200 Boca Raton, FL 33487 mweiner@ssclawfirm.com www.ssctawfirm.com 561-994-4499 Office 561-237-6819 Direct 561-994-4985 Fax Please consider the environment before printing this email Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. Confidentiality: The email message and any attachment to this email message may contain privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you receive this communication in error, please immediately notify the sender by return email and delete this message. From: Michael Weiner Sent: Thursday, March 22, 2018 5:35 PM To: 'Shutt, Thuy' <ShuttT@bbfl.us> Cc:'Simon, Michael' <SimonM@bbfl.us> Subject: RE: MPO Local Initiative (LI) Grant Application for Boynton Beach Boulevard Improvements Thuy, can you give me a call? I just want to understand how this fits with the recommendations from FDOT and the notices we have been receiving about requests for additional right-of-way. My direct dial number is below and my cell is 561-302-7258. Thanks. Michael S. Weiner, Esquire Sachs Sax Caplan, P.L. 6111 Broken Sound Parkway NW, Suite 200 Boca Raton, FL 33487 mweiner@ssclawfirm.com www.ssctawfirm.com 561-994-4499 Office 561-237-6819 Direct 561-994-4985 Fax Please consider the environment before printing this email Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. Confidentiality: The email message and any attachment to this email message may contain privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you receive this communication in error, please immediately notify the sender by return email and delete this message. From: Michael Weiner Sent: Tuesday, March 20, 2018 9:25 AM To: 'Shutt, Thuy' <ShuttT@bbfl.us> Cc: Simon, Michael <SimonM@bbfl.us> Subject: RE: MPO Local Initiative (LI) Grant Application for Boynton Beach Boulevard Improvements Thuy, I called and left a message. Please send me the plan. Michael S. Weiner, Esquire Sachs Sax Caplan, P.L. 6111 Broken Sound Parkway NW, Suite 200 Boca Raton, FL 33487 mweiner@ssclawfirm.com www.ssctawfirm.com 561-994-4499 Office 561-237-6819 Direct 561-994-4985 Fax Please consider the environment before printing this email Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. Confidentiality: The email message and any attachment to this email message may contain privileged and confidential information, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you receive this communication in error, please immediately notify the sender by return email and delete this message. From: Shutt, Thuy <ShuttT@bbfl.us> Sent: Monday, March 19, 2018 9:03 PM To: Michael Weiner <mweiner@ssclawfirm.com> Cc: Simon, Michael <SimonM@bbfl.us> Subject: MPO Local Initiative (LI) Grant Application for Boynton Beach Boulevard Improvements Michael, The CRA and the City has submitted an application for funding for the Boynton Beach Boulevard (BBB) improvements and was wondering if you would be interested in writing a letter of support as a property owner along the corridor. As you know, the CRA Plan has envisioned a complete street design for the BBB corridor. We are at 50% design and feel that this design would meeting the design and intent of the LI grant program. If grant funds are awarded, this will help us provide a safer and more pedestrian oriented corridor and leverage our local dollars for other projects. We are presenting to the TPA staff on April 12th and are hoping to get letters submitted to MPO as soon as possible, or at least by this time. Let me know if you need additional information. Thank you. Thuy Shutt, AIA, FRA -RA Assistant Director Boynton Beach Con-m-wnity Redevelopn-,ient Agency 710 N. Federal Hwy. I Boynton Beach, Florida 33435 a 561-600-9098 DShuttT@bbfl.us I Diittp,Hwww.catcliboynton.con-,i rAi ff America's Gateway to the Gulfstream Please be advised that Florida has a br,oad public r,ecor,ds law and all correspondence to mie via en -rail n-,Iay be subject to dicloy ur'e. Under, Flor,ida r,ecor,ds law, en -mil addresses ar,e public r,ecor,ds. Ther,efor,e, your, e-n-iail con-imiunication and your, e-n-iail address n-,iay be subject to public disclosur'e. Simon, Michael From: Krusell, Eleanor Sent: Sunday, April 1, 2018 8:43 PM To: LaVerriere, Lori; Simon, Michael Subject: On FB - Boynton Beach Raw PLEASEJ Our wonderfull "Boynton Beach Playhouse" could be forever shut down. The city is tearing down a few blocks i.n the area, of Seacrest and BBW,. to make room for a "'City Place -type" complex, w, ich is great, biut the BB Playhouse has to find a new home! There are some in the CRA who could care less if Boynton has a theatrel How shameful of them! BoGa,,, Delray and Lake Worth have their theatres- are we not as cultured to have ouir own as -well? Apparently not, according to some officials in City Haill who want to, vote it down. So, please, please, if you can, please show up on Tuesday', April 10th at 6:30pm.,, at the CRA meeting at the Boynton Beach It Hall Commission Chambers. If we can make our voices heard that we want our own theatre, it would be impactful. Let us plea,s,e affirm to them that we are a, community that values the arts, and that we don't need to go to neighboring communities to see live community thealrel And if you can't show up, would you at least make a, call to It Hall and tell the Mayor you want us to keep our theatre? Thank you so very much! Eleanor, Krusell Public Con-m-wnig ations and Marketing Director City Manager's Office City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 t 561-742-6010 561-742-6011 Kr,usellE@bbfl.us littp//www.boynton-beacli.or,g/ America's Gateway to the Gulfstream 1 Please be advised that Florida has a br,oad public r'ecor'ds law and all cor'r,espondence to mie via en-,Iail n-,Iay be subject to dicloy ur'e. Under, Flor'ida r'ecor'ds law, en -mil addresses ar,e public r'ecor'ds. Ther'efor'e, your, e-miail con-imiunication and your, e-miail address ria y be subject to public disclosur'e. I CRA BOARD MEETING OF: April 10, 2018 INFORMATION ONLY AGENDAITEM: 8.C. SUBJECT: Public Relations Articles Associated with the BBC RA SUMMARY: Palm Beach Post: Article highlighting two new cafes coming to the CRA District who are also recipients of the CRA Economic Development Grant Programs. 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 Palm Beach Post - Two New Cafes Two cafes to open in Boynton Beach Page I of 5 SUBSCRIBE 580 0 as low as 990 K o LOGIN NEW: Two cafes to open this spring in Boynton Beach LOCAL By Alexandra Seltzer -Palm Beach Post Staff Writer 1 & 0 Marina Cafe is expected to open within a couple of weeks in the Boynton Harbor Marina. (Handout: Scott McKay) Posted: 3:02 p.m. Wednesday, March 14, 2018 BOYNTON BEACH — Marina Cafe and Wakey Wakey Eggs and Bakey are coming to Boynton Beach with financial help from the Community Redevelopment Agency. The agency will give $10,800 to Marina Cafe at 100 NE Sixth St. in the Boynton Harbor Marina through a commercial rent reimbursement grant. https://www.mypalmbeachpost.com/news/local/new-two-cafes-open-this-spring-boynton-b... 3/16/2018 Two cafes to open in Boynton Beach The CRA is giving $65,800 to Wakey Wakey Eggs and Bakey at 126 W. Boynton Beach Blvd., next to the U.S. Postal Service through rent reimbursement, commercial facade and interior build -out grants. Marina Cafe is expected to open in the next couple of weeks, maybe by April, said owner Scott McKay. Wakey Wakey is expected to open in about four months, said owner Herbert Tabin. Page 2 of 5 Wakey Wakey Eggs and Bakey is expected to open in about 100 days in Boynton Beach. (Handout: Herbert Tabin) "I figured I want to do something nice for the community," said McKay. "I live here. And you can't beat the view, right?" McKay's Marina Cafe has a perfect view of the marina and the Intracoastal Waterway. The dock is actually only a few steps away. Marina Cafe replaces Marina Bites, which was run by Lynn Simmons, who also ran Splashdown Divers. Simmons sold both businesses to Dave Cullen, who said he didn't want to run a restaurant and shut down Marina Bites. He kept Splashdown Divers. McKay is new to the restaurant business but does have experience with the dining areas of private country clubs. McKay lives in Marina Village and when he saw the space said, "We needed to have a nice cafe here." https://www.mypalmbeachpost.com/news/local/new-two-cafes-open-this-spring-boynton-b... 3/16/2018 Two cafes to open in Boynton Beach Page 3 of 5 Marina Cafe will serve coffee, espresso, breakfast sandwiches, pastries, burgers, Boar's Head meat, smoothies, danishes from Denmark and bagels from the Bronx. He might do a brunch Saturdays and Sundays. He describes the feel of the cafe as "Cape Cod meets South Florida working marina." Tabin is also new to the restaurant field. He initially wanted to open an ice creamery but decided on Wakey Wakey Eggs and Bakey, which will serve primarily egg sandwiches on a variety of breads and coffee and juices. Tabin, a Boca Raton resident, owns the building, which used to be an organic market called The Campo Produce. Tabin said the market owners couldn't make financial ends meet. He plans to add a 600 -square -foot patio in the back of the building with an awning and will reface the building with white brick. Tabin said he renovates properties and prefers ones like this that have good parking on a main street. "It just seemed like the right place at the right time," he said. About the Author &: 3 Reader Comments o Next Up in Local https://www.mypalmbeachpost.com/news/local/new-two-cafes-open-this-spring-boynton-b... 3/16/2018 Two cafes to open in Boynton Beach LATEST: Two dead after motorist strikes shopper, then crashes into Publix NEW: Woman, 62, missing, PBSO says; last seen in Boynton area Cows roam NY interstate after cattle truck involved in crash NEW: Three Broward teens found driving stolen car in Boca Raton Pokemon Go players raising funds to repair defaced statue of Jesus More Stories Popular in News Z rp dq#,vdeehg#jrgWd-p dv&WuitL4ha0ki-ruj **=LO frgixvlrq# 2 Vfry x*Wfffxw,r/#thinggv FIthddgjt lk#Pduncdgg#jxgp dq# Ihhglgj#D'dcp #9hdfkfj =jkv# rjhvkhL�t rp hq*i#g1iihuhq*d1kv# NEWS ► MARKETPLACE ► AFFILIATES ► ABOUT US ► SUBSCRIBE ► Page 4 of 5 https://www.mypalmbeachpost.com/news/local/new-two-cafes-open-this-spring-boynton-b... 3/16/2018 Two cafes to open in Boynton Beach @ 2018 Cox Media Group. By using this website, you accept the terms of our Visitor Agreement and Privacy Policy, and understand your options regarding Ad Choices Learn about careers at Cox Media Group Page 5 of 5 https://www.mypalmbeachpost.com/news/local/new-two-cafes-open-this-spring-boynton-b... 3/16/2018 I CRA BOARD MEETING OF: April 10, 2018 CONSENT AGENDA AGENDAITEM: 10.A. SUBJECT: Financial Report Period Ending March 31, 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/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY2017-2018 CRA Budget CRA BOARD OPTIONS: Approve the CRA's Financial Report Period Ending March 31, 2018. 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SUBJECT: Monthly Purchase Orders SUMMARY: Attached is the purchase order report for March 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 FY2017-2018 CRA Budget CRA BOARD OPTIONS: Approve the Monthly Purchase Order Report ATTACHMENTS: Description D March 2018 Purchase Orders Boynton Beach CRA Purchase Order Report Month: March 2018 Vendor Amount Funding Source Description Standing Ovations $ 32,500 02-58500-480 Event Management Services/Pirate Fest 2018 Beercade LLC $ 25,000 02-58400-444 Commerical Interior Build -Out Grant Beercade LLC $ 25,000 02-58400-444 Commerical Facade Grant Program Farm To Cone LLC $ 10,800 02-58400-444 Commercial Rent Reimbursement Grant Front Street Development $ 10,800 02-58400-444 Commercial Rent Reimbursement Grant T:\FINANCE\PURCHASE ORDER INFO FOR BOARD MEETINGS\VIIIB FINAL BACKUP - March 2018 Monthly Purchase Orders.xlsx I CRA BOARD MEETING OF: April 10, 2018 CONSENT AGENDA AGENDAITEM: 10.C. SUBJECT: Approval of CRA Board Special Meeting Minutes - March 13, 2018 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the CRA Board Special Meeting Minutes March 13, 2018 ATTACHMENTS: Description D March 13, 2018 CRA Special Meeting Minutes MINUTES OF THE SPECIAL JOINT CITY COMMISSION AND COMMUNINTY REDEVELOPMENT AGENCY MEETING HELD ON TUESDAY MARCH 13, 2018, AT 4:00 P.M. IN LIBRARY PROGRAM ROOM, 208 S. SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Justin Katz, Vice Mayor Mack McCray, Commissioner Christina Romelus, Commissioner Joe Casello, Commissioner CITY COMMISSION MEETING 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 4:01 p.m. Invocation Commissioner McCray gave the invocation. Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Pledge of Allegiance to the Flag led by Commissioner McCray Roll Call Judith A. Pyle, City Clerk, called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Mayor Grant asked for a motion to approve the agenda. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 Vote The motion unanimously passed. Colin Groff, Assistant City Manager, provided an overview of Town Square phase II project. The proposed site was 16.5 acres plus 5.5 acre at the High Ridge property. The project is a public/private partnership between the City of Boynton Beach and E2L Real Estate Solutions, LLC and includes the renovation of a historic Boynton Beach High School into a cultural center, residential and retail spaces, a hotel, public spaces, a garage, Fire Station and a new City Hall. The Schoolhouse Museum and Children's Learning Center will remain. Mr. Groff explained Phase I, was approved by the Boynton Beach City Commission on June 12, 2017, which includes interior and roof rehabilitation of the vacant historic Boynton Beach High School. The site will include full underground utilities, telecommunication infrastructure, new roadways, hardscape, landscape, lighting, and pedestrian access. The total cost was approximately $15M. The historic High School was being retro fitted into the Boynton Beach Cultural Center. The building square footage is estimated to be 28,402. The estimated cost associated with the cultural center was $11 M. City Hall /Library will have a combined square footage of 110,000, with half Library and City functions on the first floor, the second floor Library, City Operations on the third Floor and the Fourth Floor will have City Executives and Administrative services an estimated cost of $26.9M. Fire Station #1 will have a square footage of 11,235, with 3 bays, the estimated cost of $4.8M. The Police Station located at the High Ridge site will have a square footage of 58,234 at an estimated cost of $19.2M. Mr. Groff stated the City will supply central energy to the new Town Square and new buildings. This was being set up as a utility; this would be paid for by rates. The District Energy Plant was a 2,700 ton plant. He indicated this was a green friendly plan with an estimated cost $11.5M. He explained the parking garages would be a shared with the private developer. The south garage will have 364 City parking spaces; the north garage will have 101 City parking spaces, with an estimated cost of $10.3M. Mr. Groff stated the current completion dates for the construction are: Mobilization July, 2018, Demolition, High School renovation completed December 2018. District Energy Plan February 2019, Garage B South July 2019, Garage A North October 2019, Fire Station #1 July 2019, City Hall/Library September 2019, Police December 2019, south block residential February 2020, hotel and parking April 2020, north block residential and commercial April 2020, Ocean Avenue residential and commercial area December 2020. 2 Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 Commissioner McCray requested the square feet of the current City of Boynton Beach Library. Mr. Groff replied the current total was 58,000 square feet. The new Library would have approximately 47,000 square feet. Commissioner McCray stated the library was going to be 10,000 square feet less then what they currently have available. Commissioner McCray inquired about the parking spaces in the garage. How much is the parking garage costing the developer? Mr. Groff responded there were two parking garages with more than 1900 spaces; the City has approximately 465 spaces. Mr. Groff stated the cost of the garage was $30M to the developer. Commissioner Casello asked how many bays were being allotted for the fire station. Mr. Groff responded there were currently 3 bays in the design. Commissioner Casello asked if this was enough to take the City of Boynton Beach into the 21" century. Mr. Groff responded he had spoken with the Fire Chief regarding the bays; this was what was needed for the next 100 years. Commissioner Casello asked if the building would be built to a Category 5 storm. Mr. Groff replied everything was being designed to 175 miles per hour winds, which is a Category 4 storm. He explained this does not mean it could not stand up to a Category 5 storm. Commissioner Casello asked if Fire Station 5 was a category 5. Mr. Groff responded it was designed for a Category 5. Commissioner Casello inquired why they would design the downtown town area at a Category 4. Mr. Groff replied staff looked at the cost to make the building a Category 5. He explained if the City had a major storm everyone would be evacuated east of I- 95. Mr. Groff indicated Fire Station #5 was the Emergency Operations center. Stated he would have staff calculate the numbers to build for a Category 5 building. Commissioner Casello stated Mr. Groff has failed to mention fuel cells when speaking about the Chilled Water Plant. Mr. Groff stated this was older technology and reliable technology. He explained right now it is based on the chilled water; the fuel cells would create hot water. If the City decides to use fuel cells they could move hot water to these buildings as well. 3 Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 Commissioner McCray since the Fire Department was a Category 5; he asked if the Police Department will have the same designation. Mr. Groff indicated this was being designed to 175 wind miles. This was classified a category 4 hurricane. Mayor Grant stated he needed to correct Mr. Groff, 150 winds was a Category 5 hurricane Mr. Groff stated the City was designing to a Category 4 hurricane wind load. He stated staff can bring numbers back to the Commission regarding the cost to design a Category 5 versus a Category 4. Mayor Grant explained how hurricanes were measured. He indicated a category 4 should be fine. Mayor Grant stated he was concerned that the City of Boynton Beach has some large buildings; asked if these building could be used to house the City residents who are unable to leave. Mr. Groff responded that was a policy decision. All buildings are designed with lifesaving equipment and generators. Commissioner McCray requested the cost of a Category 5 brought back to the Commission for the Police Department on High Ridge Road. Tim Howard, Assistant City Manager and Finance Director, provided a summary of other costs for the City Hall/Library, building demolitions, site infrastructure, police building, fire station #1, Bond/CFP costs, Developer Costs, Land Lease Payment, and contingency. The Bond Issue needed to be in the amount of $76,117,844. Mr. Howard stated the total cost would be $118.3M for the Town Square project. Commissioner Casello noted there was a discussion regarding the possibility of leasing furniture. Mr. Howard indicated $3M has been allocated to purchase or lease furniture. Mr. Howard stated the CFP will issue a bond not to exceed $78M, the issuance would be June or July 2018, pending the approval and the final maturity would be June or July 2044. This date coincides with the Sunset Date set by the CRA. Based on the maximum amount of bond, the City annual lease payment to CFP will be $4.41VI - $5.1 M for the next 25 years. Commissioner McCray inquired as to the total bond debt service for the City. Mr. Howard responded the City has a Public Service tax debt outstanding lease payment of $2.2M which will be paid off 2026/27, El Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 Michael Simon, Executive Director CRA, indicated the current debt service expires in 2026/27 and the current payment per year was $2.3M. Commissioner McCray said after 2026 the debt service would be retired, and the CRA will be able to pick up the $4M. The $3M was for the site utilities and the cost of the District Energy plant of $10.4M. The City will issue a Utility Bond. The Boynton Beach Utilities Capital Improvement Project budget includes funding to upgrade and replace existing utilities within the Town Square boundaries. The City will establish a District Energy Utility to construct and maintain a chilled water plant to supply chilled water for air conditioning for new structures along with other private development in the area. A utility loan will be used for financing and repairs through rates. As other areas in the City redevelop, the City will have the opportunity to expand the new utility. Mr. Howard explained this will not come out of the General Fund or the CRA funding. Commissioner McCray inquired as to the anticipated revenue from user fees. Mr. Groff replied staff has a financial model for the debt service payment. The City would be able to offer the rates about 5% less than what consumers currently pay for electric. The overall numbers per year was not available. Mr. Groff stated the fees cover everything, plus a little more coming back to the City. Commissioner McCray stated he wanted to know the income. He needs those figures. He wants to make sure what he was voting on. Mayor Grant stated most of this was for the Town Square project. Inquired as to what percentage of the new District Energy plant would be used by Town Square. Mr. Groff indicated right now the City was designing a 2700 ton plant, for the government buildings and would be about 1/3. Mayor Grant asked if Town Square would be able to fund the District Energy Plant. Mr. Groff replied the financial models are based on the 16.5 acres only. Mayor Grant asked when the final residential and commercial buildings are completed if the City would be in the black. Mr. Groff stated the City will build in phases. As an example the Villages of Boynton Beach has approached the City regarding connecting to the Chilled Water Plant. The City will only build as we need, so that the plant will pay for itself. Mayor Grant asked if the Plant would be able to expand in the future. Mr. Groff confirmed. 5 Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 Mr. Howard stated there was an item on the agenda to enter into an agreement with a consultant to pursue New Market Tax Credits. He explained this was a Federal program. They are estimating the City would be getting $2.5M worth of federal money, which would offset costs. In addition to the new market tax credits, there are leverage loans. The City was looking at pursuing one of those loans. The Old High School was not eligible for non -tax exempt bonds. The City of Boynton Beach needed to find funding to pay for this project. There are no prepayment penalties. In the City CIP for next year, there were a number of projects that were earmarked to be done. He suggested using the $31VI from the surtax funds for the High School as well as $1.6M from the CRA. Mr. Howard stated part of the funding from the CRA the City was estimating a bond for about $84M, the maximum bond $78M the City would issue. He indicated there could be some funds available to pay off the high school by 2019 Commissioner McCray asked if using the surtax funds, would impede on the sidewalks and paving the City has slated to be repaired. Mr. Howard stated the City currently has $2M programed for pavements. It would leave about $1.51VI for next year. Commissioner McCray indicated he does not see any movement. He asked if minority companies are being brought in. Mr. Howard said the City was in the process of doing larger projects. There are bids for paving and painting. They needed to restructure those bids to encourage local participation. He stated this was taking longer than anticipated. Mr. Howard continued regarding the parking spaces. He said instead of building the garages, staff decided to pay for the cost of the parking spaces within the garage, which cost comes to $10.2M. Mr. Howard explained the land where the garage sits has a value to the developer. The City would use that revenue to pay for the parking spaces. Commissioner McCray asked how many years the City will pay for the parking spaces. Mr. Howard stated the City has a license agreement for 50 years. Commissioner McCray asked if the City will pay a maintenance fee for 50 years, asked about the price for the maintenance for the parking spaces. Mr. Howard indicated that would be $190,000 per year. This was an operating cost. Commissioner Casello asked how much was the City paying per space? Mr. Howard replied it would be $22,000 to $24,000 per space. N Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 Commissioner Casello asked if the City Commission was going to charge for those spaces for public use. Mr. Groff advised that was a policy decision. Ms. LaVerriere stated no revenue was factored into the costs. Mr. Howard added cities which have a parking garages do not initially charge for the parking. Mayor Grant questioned if the City would have the bottom floor spaces, so that it would be more convenient for residents and staff. He also asked if appraisals were used to determine the land value. Mr. Groff stated staff used multiple appraisals from various years. This was a negotiated appraisal rate of $1.25M per acre. Mayor Grant stated this was an average cost. Mr. Howard continued to provide cost and funding information. There were estimated costs of $3M for the initial move to the temporary space, the temporary lease space, and the costs for the move from the temporary space. This was an estimated of $6.2M. Indicated part of the 16 acres includes land for a hotel. This portion would be sold to the developer at $1.75M. All contractors are required to pay permit fees on the public building, at an estimate of $1.5M. Commissioner Romelus inquired if the City was we going to receive art fee funds. Mr. Howard responded yes, this was charged to all the projects. Commissioner Casello said the temporary lease was based on a 24 month period; the City has not negotiated any leases. Mr. Howard indicated this was based on the estimated numbers which Mr. Groff has received from the Broker. Indicated nothing has been finalized as of yet. Commissioner Casello asked where the City will get the additional money if it takes additional time. Mr. Howard stated the leases would have an extension on the outside possibility an extension was needed; the cost will be in the general operating budget. Mr. Howard stated the leases are for three separate buildings. It would be very important to monitor the project. Commissioner Casello asked if there were any benchmarks within the contracts. Mr. Groff stated there are benchmarks built in. The schedule right now was 18 months; we built in an extra 6 months. Commissioner McCray indicated he believed 24 months was not enough time to build Town Square. 7 Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 1, 2018 Mayor Grant said the City has everything in place right now. The potential funding number for the General Fund was an estimate. The City was spending more on City Hall and Police Department trying to repair than what the lease payments are going to be. The major concerns were the residents were going to a different place for City Hall. Mayor Grant said as we all know when you wait to do something; it was a good chance that it would not get done. Commissioner McCray stated he must disagree with Mayor Grant. The City has money in the CIP budget. Commissioner McCray indicated when the Library was constructed he was told the Library should last 20 or 30 years. He indicated this was a tough pill to swallow. Commissioner McCray inquired when was the last time anything was repaired in City Hall or the Police Department. Mr. Howard responded he did not have an answer. Mr. Groff stated he wanted to answer the question about the District Energy Plant. Over the 48 -month period of startup, getting customer connected, the model shows revenue of $2.5M with an expenditure of $2.1M. It was about $400,000 additional funds at the reduced rate. Commissioner Romelus asked for clarification about the time period. Mr. Groff stated that was about a 48 month period, it takes about 18 months. Commissioner Romelus indicated those first 3 years the City was not in red. Mr. Groff stated there will be 18 months when the City was operating in the red, and then the next 18 months the City will be operating in the black. Commissioner Romelus asked if the $190,000 was already budgeted within the future budget for the lease payment. Mr. Howard stated this was not budgeted. Once the parking garages come online, about 18 months, this would be within the next two fiscal years. Commissioner Romelus asked if that money was already considered in the future budget. Mr. Howard advised it would be in the next two fiscal years. Mr. Groff provided an overview of the contracts. Indicated the City has contracted with 3 providers. CFP Boynton Beach Town Square, LLC. This company was responsible for the City Hall, Fire Station #1, Police Headquarters, Parks and Open Space, Utilities and Infrastructure and associated site and road work. E21- Real Estate Solutions, LLC responsible for the High School redevelopment, the District Energy Plant as well as the design and construction management services. JKM Development was responsible for the parking spaces of which 465 spaces were for City use. Payment was from the land sales proceeds. FV Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 Commissioner McCray asked who would be responsible within the City to oversee the contractors. Mr. Groff stated the executive team will be responsible for contractor management. There would be a project team, made-up of a project manager, engineers, accountants and inspectors. There will be office space on site, making sure all the benchmarks are met on a daily basis Commissioner McCray asked who was on the team. Ms. LaVerriere stated CFP would have a project manager, the Master Developer E2L would provide a project manager, Mr. Groff would be on the team, Andrew Mack will be assisting with the construction, and the Billing Department will be involved from an inspection standpoint. Mr. Groff indicated the City will be hiring some contract employees. He indicated Andrew Mack was moving to Public Works Director, he will be the lead. We have several people within the City of Boynton Beach who have the experience to manage these large projects. Commissioner McCray asked since the City was spending CRA funds, could we have someone from the CRA on the team. Mr. Groff indicated this will be done, Michael Simon, Executive Director will be involved. Commissioner Casello asked if the City could get Jeff Livergood to lead the team. Mr. Groff stated Mr. Livergood was leaving. Commissioner Casello asked if the City could entice him to remain Commissioner Romelus asked if the City was exempt from paying the Art fee. Mr. Groff indicated the City must pay the fee as well. Mr. Groff stated this was what staff was tonight: Conduct a public hearing which Improvement Bond not to exceed $78.M. recommending for the City Commission acknowledges the issuance of a Capital Required Action by the CRA Board and City Commission: Approve an inter -local agreement between the CRA and City to fund certain portions of the Town Square Boynton Beach project. Phase 2 agreements with E2L Real Estates Solutions, LLC Redevelopment of the High School, and Construction of the District Energy System and design and construction management services. CFP Boynton Beach Town Square, LLC will provide the development of City Hall/Library, Fire Station #1, Police Headquarters Building, all open space, parks and associated site and road work. E Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 Resolution R18-044, the Master Development Agreement, Ground Lease Agreement, Facilities Lease Agreement to approve as to form. The Atwater Infrastructure, Resolution 18-045 for the new markets tax credit consulting agreement, funding agreement for the High School Construction. Lastly the private developer, JKM, Resolution R18-046, the purchase and sales agreements, parking license agreements, development agreements and an option agreement. He stated the lawyers will finalize the agreements. Commissioner Casello asked as to the location of the Utility Plant. Mr. Groff indicated the Utility Plant was located within the Town Square project adjacent to the north garage. Commissioner Casello said this was next to the Old High School. Mr. Groff stated this was the north side of the High School; it was built into the garage. Mr. Groff stated this could change as the City of Boynton Beach gets into the final design. In the next 60 days all of that design work will occur if the Commission approves the project to move forward. Ms. LaVerriere indicated the City was looking at some offsite properties potentially on 4th Street. Mr. Groff stated if the City could find an offsite parcel this would reduce the cost. He indicated staff wanted to do what was most cost effective. Commissioner Romelus asked when the City factors in donors and sponsorship opportunities. Mr. Howard indicated that topic was not a guarantee. Staff will come back to the Commission with additional information. He stated until they began taking down buildings, we will be in a better place to market Town Square. The City would move forward with the New Market Credit and with either naming rights or sponsorships. The City will be at a better place to market once buildings are up. Commissioner Romelus asked if the City factored in bike or ride sharing. Mr. Groff stated there are several drop offs for Uber and Lyft. Commissioner Romelus asked if the drop offs were covered. Mr. Groff explained staff was trying to make sure the stops were covered. Mayor Grant explained about the TEFRA hearing, Tax Equity and Fiscal Responsibility Act of 1982 is the common acronym used for a set of consolidated examination, processing, and judicial procedures which determine the tax treatment of partnership items at the partnership level for partnerships and limited liability companies (LLCs) that file as partnerships. The TEFRA is to allow interested persons an opportunity to comment on whether to issue the bonds to pay for the Town Square Project. 10 Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 Attorney Cherof stated this was the public's opportunity to comment on the PowerPoint presentation. Mayor Grant stated this was for the entire Town Square project. Mayor Grant opened up the topic to Public Audience. Harry Woodward, 685 NE 15th Place, asked if the schedule being presented was the most likely schedule. Mr. Groff stated this was the schedule the contractors have presented to the City. This was the most likely schedule. Mr. Woodward inquired if there was a place to look at the contractor's scope of work. Mr. Groff responded the City will create a website for the public to view. Mr. Woodward asked how are change orders approved. Mr. Groff replied these are design/build contracts. The only change orders are ones which are initiated by the City Commission. Susan Ross, Schoolhouse Children's Museum, asked if the Civic Center was going to be torn down at the same time as the other structures. Mr. Groff responded yes, all of the demolition will begin July 1, 2018. Ms. Ross asked what will happen to the children who use the Library for tutoring and other afterschool functions. Asked if there was anything in place to accommodate those children. Mr. Groff explained the City was looking to lease the building across the street from City Hall. He stated AmeriCorps would be in that building as well. The children can walk safely to the building. Ms. Ross said as long as the children have a place to go. Audrey Gerger, 331 NW 1St Street, indicated she has a historical house and asked for clarification. Mr. Groff explained all the areas on the maps. Commissioner Romelus inquired would other developments be part of the District Energy Plant. Mr. Groff responded absolutely. Barbara Ready 329 SW 13 Ave, questioned what will happen to the construction debris. Mr. Groff stated that it was much cheaper to recycle the construction debris than to take it to the landfill. Commissioner Romelus inquired as to whose job it would be to maintain a clean site. Mr.Groff noted each contractor would be responsible. Commissioner Romelus expected to see continuous oversight. Mr. Groff stated the City just finished the water plant, and the area was kept clear of debris. 11 Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 1, 2018 Commissioner McCray asked about the construction workers parking. Mr. Groff indicated the team was working on the logistics of the construction workers parking. He stated this would be a phased in approach. The parks would be built last, because we need that area for parking and storage of supplies. It was a very tight site. The team will be there every day. Commissioner Casello inquired about the traffic the construction vehicles generate. Mr. Groff explained the City will coordinate the traffic flow issues. Commissioner Casello questioned with the tight work schedule, what would be the working hours for the construction. Mr. Groff responded the City Ordinance states work can begin from 7:00 am - 6:00 pm. Ms. LaVerriere stated the City has funding for the project from a public information standpoint. The City will have a website, there will be cameras on the property, and residents can see what was going on at the site. Mr. Groff indicated staff has information on the City website, Facebook, and twitter feeds every day. Commissioner Romelus asked how much research has been done on the feasibility of a hotel. Mark HefPerin, President, E21- Real Estate Solutions, stated there was a feasibility study conducted. He indicated the market demands are very high for this type of hotel. There was one other hotel planned in Boynton Beach. The issue was accommodating the hotel in the small space provided. Commissioner McCray asked how many years has the City spoken about the Town Square Project. Lori LaVerriere, City Manager, responded it has been more than 10 years. She needed to research the time frame. Commissioner McCray said it has taken an enormous amount of time. Allen Hendricks, 122 SE 4 Avenue, inquired if the building would be LEEDS certified. Mr. Groff responded the building would not be LEEDS certified. The buildings will have a Green Globe Certification. He explained Green Globe is a structured assessment of the sustainability performance. Mr. Groff indicated the Green Globe standard is recognized as the highest level of sustainability. Mr. Hendricks indicated he would like to see some branded bus stops throughout the City. He believed it was easy to implement. In addition he wanted to know about the inspections for Town Square. Mr. Groff indicated every engineer and architect will review the plan to make sure the designs are correct to specifications. ivi Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 Flynn Holland, 618 South Searcrest Boulevard, speculated with this heavy equipment on the roads there may be a possibility of the roads needing repairs. She indicated as seen on 500 Ocean all of the roads were damaged. Was there anything the City has in place regarding the roads? Mayor Grant explained the CRA was looking to redevelop Boynton Beach Boulevard from 1-95 to Federal Highway. The other roads are not owned by Boynton Beach, they are owned by the County. Ms. Holland inquired as to the County contact. Mr. Groff stated the City was asking the County to spend those funds which Boynton Beach has provided. The County needs to improve Seacrest Boulevard. Susan Oyer, 140 SE 27th Way, asked who she should email on a Sunday when she sees debris in the roadway. Ms. LaVerriere offered her email. Mr. Groff stated once the project has begun; there would be a hotline number available to the residents. Jerry Taylor, 1086 SW 265t Avenue, indicated he was a member of the Surtax Fund Committee. The responsibility of the Committee was to make sure the surtax funds are spent for infrastructure in the City. He was concerned staff was recommending $3M to be spent on the new Cultural Center. The Committee would need to look to see if the surtax money can be invested in a new project. Ms. LaVerriere indicated staff was very comfortable that the expenditure for the Cultural Center fits into the confines of what surtax funds are allocated. She indicated this was a rehabilitation of an existing building. Commissioner McCray stated the City has an Oversight Committee; he does not want to push the sidewalks or other needed repairs to the side in order to make Town Square work. Commissioner Romelus indicated for clarification, speaking about Cultural Center, staff was speaking about the Old High School. Mr. Groff stated that was correct. Commissioner Romelus asked how much of the affordable housing ordinance was being put into place. John Markey, indicated they are going to exceed the minimum, they are anticipating 20 percent. They have design units which are a smaller type, that the price would make them affordable. Commissioner Romelus inquired as to the cost of the rental units. Mr. Markey stated it would be approximately $1000 for the rental units. Commissioner Romelus stated this would be for a studio or a 1 bedroom apartment. 13 Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 Commissioner Romelus recalled it was $750 earlier. Mr. Markey indicated he could not hit that number. Steel was increasing as well as other construction costs. Commissioner Romelus asked was that a number where we see in other areas. Was this number common? Mr. Markey responded they are setting the pace. Mr. Markey stated his company has completed a study last year; it was about 90 pages and was proprietary, but was provided to the City of Boynton Beach. Mayor Grant asked for a motion to recess the City Commission meeting. Motion Commissioner McCray moved to recess motion. Vote The motion unanimously passed City Commission recessed at 5:29 p.m. Commissioner Romelus seconded the COMMUNITY REDEVELOPMENT AGENCY SPECIAL MEETING Chair Grant called the Community Redeveloped Agency special meeting to order at 5:30 p.m. Roll Call Judith A. Pyle, City Clerk, called the roll. A quorum was present. Agenda Approval: 3. Additions, Deletions, Corrections 4. Adoption Chair Grant requested a motion to approve agenda Motion Board Member Romelus moved to approve. Board Member McCray seconded the motion. 14 Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 1, 2018 Vote Agenda was approved. Old business Agenda A. Project Review and Action on the Phase II Agreement for Development of the Town Square Project Michael Simon, CRA Executive Director, stated the City Commission approved the Town Square Project Phase I Services Agreement with the development team of E2L, LLC at their June 12, 2017 meeting (see Attachment 1). The Phase I Services Agreement includes the development of an overall project site design, building designs for the new City Hall/Library, amphitheater area, and private sector redevelopment sites. The Phase I Agreement also includes the renovation of the historic High School being managed by Straticon, Inc. At their June 12, 2017 Special Meeting, the CRA Board approved an Interlocal Agreement (ILA) with the City of Boynton Beach to provide funding in the amount of $2,100,000 from their Fiscal Year 2016-2017 budget (see Attachment II). Under the current CRA approved budget for Fiscal Year 2017- 2018, with $1,500,000 used for the initial renovation phase of the High School and the balance of the funding reserved for Phase II of the Town Square project. At the CRA Board's Special Meeting held on December 5, 2017, the Board approved the First Addendum to the ILA to provide funding in the amount of $2,500,000 as part of the 2017-2018 Fiscal Year Budget to continue the renovation of the High School building as well as other eligible construction costs related to the Town Square project. Phase 1 Services as provided in the Town Square Agreement have been completed and all terms and conditions satisfied by the City of Boynton Beach and E2L, LLC. The City of Boynton Beach and the CRA must mutually approve going forward with Phase 2 of the Town Square Project as designed and financially structured. The CRA will be committing tax increment revenue funding annually for a time period intended to end in September 2044. The CRA's annual funding amount under the Phase 2 ILA will not exceed $3,700,000 and will be used for statutorily eligible expenses as identified in the Town Square Master Redevelopment Plan. Chair Grant requested a motion to approve. Motion Vice Chair Katz moved to approve. Board Member Casello seconded the motion. Board Member McCray requested discussion. 15 Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 1, 2018 Board Member McCray stated the City has set aside $1.2M for the MLK Boulevard project. The residents in District II are not satisfied with what they have seen over the years. The residents are not happy with the progress. He was voting for this project, with the assumption the citizens will see more progress in District II when it comes to redevelopment. Commissioner Romelus inquired if the Commission already allocated this $1.6M a few months ago. Mr. Mike Simon, Executive Director, CRA, indicated he was providing a summary of what was remaining of the $4.6M which was previously obligated. Attorney Tara Duhy, stated the prior ILA was for a single year, this ILA was a multi- year contract. Vote The motion unanimously passed. Mayor Grant asked for a motion for recess of the CRA Special Meeting. Motion Board Member Romelus moved to recess the CRA meeting. Board Member McCray seconded the motion. Vote The motion unanimously passed. Mayor Grant asked for a motion to resume City Commission meeting. Motion Commissioner McCray moved to resume the City Commission meeting. Commissioner Romelus seconded the motion. Vote The motion unanimously passed W116 Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 CITY COMMISSION MEETING Mayor Grant indicated the City will continue the Commission meeting with the TEFRA public hearing. PUBLIC HEARING to acknowledge appropriate advertising in accordance with Internal Revenue Code of 1986, as amended, Section 147(f) for the purposes of acknowledging the proposed issuance by Public Finance Authority of its Capital Improvement Revenue Bonds, Series 2018 in one or more taxable or tax-exempt series, in an amount not to exceed $78,000,000 and to conduct a public hearing as referenced in the advertising. Attorney Cherof indicated he wanted to recognize Kate Strangle with Broad and Casell the Bond Counsel. Kate Stangle, of Broad and Casell, Orlando Florida, indicated she was serving as bond counsel for the proposed issuance of the bonds. These bonds will be used to fund a portion of the Town Square project. The bonds will be issued for the City Hall, Library, Police Headquarters, Fire Station, various parks, open space enhancements, and the associated infrastructure. The proposal was to have these bonds issued on a tax exempt basis. She explained in order for that to occur, section 147C of Internal Revenue Code requires the bond counsel to obtain the City of Boynton Beach approval in the capacity as a host jurisdiction. The City must make a determination that the City feels it was appropriate for bonds to be issued on a tax exempt basis for this project which will be constructed in the City of Boynton Beach jurisdiction. For purposes of the Internal Revenue Code this item was limited to consideration and determination that this project was for tax exempt bonds being issued. Ms. Stangle stated in order to make that determination, the Internal Revenue Code requires the City of Boynton Beach to conduct a public hearing, this hearing has been advertised and in accordance with all Internal Revenue requirements have been other requirements as set forth in the agenda package. Ms. Strangle stated staff has provided a summary of the proposed bond transaction and this project. The City Commission should open up the hearing to the public for comments and any questions. Once questions have been answered the Commission can close the TEFRA hearing and move on into the agenda. Ms. Strangle stated later this afternoon there was an item being presented for the City's consideration, a Proposed Authorized Resolution. The Resolution includes a finding; you will be making the necessary determination that you are approving the issuance of those bonds for purposes of section Internal Revenue Code 147c. 17 Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 She explained the City would not be the borrower in this Bond transaction, the borrower will be the 501 c (3) entity, which is CFP Boynton Beach Town Square LLC, the sole member of CFP is Community Facility Partners. They are a Minnesota nonprofit Corporation and a qualified tax exempt charitable organization under the section 501c (3) of the Internal Revenue Code. She wanted to state for the record this bond transaction will not constitute indebtedness or a pledge of the City's general credit or taxing power. The Bond would be secured by the City covenant which is included in the proposed authorizing resolution and the proposed form of the facility leases. The City of Boynton Beach is agreeing to budget and appropriate, on an annual basis, available non ad valorem revenue in amounts which are sufficient to make the rent payment under the facility lease form. The City of Boynton Beach was not pledging their ad valorem taxes, the City will make payment to CFP, and CFP Boynton Beach Town Square LLC, would assign those payments to the trustee for the bond transaction. Mayor Grant opened Public Comments. Susan Oyer, 140 SE 27a5 Way, asked for an explanation of who is CFP. She stated a nonprofit was very transparent. How does it qualify as a charity for a building construction? Mark Hefferin E21, replied he brought in the CFP because they have a long track record of doing this type of project. The project will finish with all assets being reverted back to the City. This organization was doing this for the tax exempt reason. Community Facility Partner, Owner Dan Nelson was an equal partner of Mr. Hefferin. Cindy Falco-Decorrido, 316 NW 1St Avenue, asked if this was going to cost the residents any additional money. Tim Howard, Assistant City Manager, stated the residents will not see a separate tax on the tax bill. He indicated there will not be a separate millage to pay this back. The funding mechanism to make the lease payment was the ILA which the CRA Board just approved for the multi-year period. The CRA would provide part of the funding. The additional funding would come out of the City General Fund. This would be included in the General fund for the next fiscal year and for future years. Mayor Grant inquired if a motion was needed. Ms. Strangle stated not at this time. The City can move on, when considering the authorizing resolution, which includes a finding, wherein the City was acknowledging it was appropriate to issue the bonds on a tax exempt basis. Mayor Grant asked Ms. Strangle, in her professional opinion, if the City was working within the confines of the Tax Code. in Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 Ms. Strangle responded yes, throughout this process, the council will be working on the bond documents. Before the transaction can close there will need to be an opinion of bond counsel, which addresses the tax exempt status and acknowledges the bond can be issued under a tax exempt basis. Attorney Cherof indicated Mayor Grant needed to close the TEFRA. Mayor Grant indicated the TEFRA was now formally closed. Mr. Howard advised the Commissioner the authorizing Resolution was item F on the agenda. B. PROPOSED RESOLUTION NO R18-041 - Authorize the Mayor to sign an Inter -local Agreement with the Boynton Beach Community Redevelopment Agency for the funding for certain portions of the Town Square Project. Attorney Cherof indicated this was the second half of the action by the Community Redevelopment Agency, which was the signing of the inter -local agreement. Mayor Grant read the proposed resolution. Mayor Grant asked for a motion to approve. Motion Commissioner Casello moved to approved. Commissioner McCray seconded the motion. Vote The motion unanimously passed. C. PROPOSED RESOLUTION NO. R18-042 - Amend the adopted FY 2017- 2018 General Fund Budget from $89,752,645 to $93,253,628, an increase of $3,500,983. Mayor Grant read Proposed Resolution R18-042. Mayor Grant asked for a motion to approve. Motion Commissioner Romelus moved to approved. Commissioner Casello seconded the motion. 19 Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 Commissioner McCray asked why they have the $3.5M increase. Mr. Howard indicated the Resolution being presented was similar to the one which passed last year. He stated there were cost associated with Phase 1 which the developer would incur, in the event the City did not go to phase 2, the City set aside $2.5M to $2.6M. The City was at a point to go into phase 2. The bonds were to be issued and bought would take 90-120 days on a fast track. The City options were to stop work on all design work, from 90-120 until the bond was issued, or determine a mechanism was to continue the design work, by agreeing with a Phase 2 agreement with E2L. In order to do so the developers needed to increase their line of credit, so their contractors could get paid. Their funding institution has required the City to do a budget amendment. The City appropriated out of the fund balance the contracted price to be paid for the work which has been done. When the bonds are issued the cost would be covered. The appropriation would not be needed any longer. Mayor Grant asked where the $3.5M was coming from. Mr. Howard explained the $3.5M was coming out of the unreserved fund balance. And will be released by the end of the fiscal year. Commissioner Casello asked once those bonds are issued, the $3.5M would go back into the reserve. Mayor Grant asked if the City was still above the 10% in the General Fund once the debt has been paid. Mr. Howard responded the City has 10% emergency reserve set aside. The City still has $5.3M after the last appropriation. The $3.5M would come out of the $5.3M Vote The motion unanimously passed. D. PROPOSED RESOLUTION NO. R18-043 - Authorize the Mayor to sign the Town Square Redevelopment Phase 2 Services Agreement with E21- Real Estate Solutions, LLC of Winter Park, FL. Mayor Grant read Proposed Resolution R18-043. Mayor Grant asked for a motion to approve. Motion Commissioner Casello moved to approve. Commissioner Romelus seconded the motion. Commissioner McCray asked if this was the one for the entire Town Square Project. 20 Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 Attorney Cherof stated this covers the High School and the District Energy System and related activities. Mr. Howard indicated item F would cover the Master Development agreement. Vote The motion unanimously passed. E. PROPOSED RESOLUTION NO. R18-044 - Authorize the Mayor to sign a Master Development Agreement with CFP Boynton Beach Town Square, LLC for the development of certain improvements within the Town Square Project and approval for the purposes of Section 147(F) of the Internal Revenue Code and general authorization to obtain permanent financing for the CFP improvements and providing for other related matters. Mayor Grant read Proposed Resolution R18-044. Mayor Grant asked for a motion to approve. Motion Commissioner Casello moved to approve. Commissioner Romelus seconded the motion. Commissioner McCray indicated he was in favor of the Police Department being moved to High Ridge Road. He was not in favor of the Library being torn down. He stated he wanted this to be a unanimous vote. Mayor Grant thanked Commissioner McCray for his support. Commissioner Casello indicated this Commission needed to look out for the entire City. Commissioner McCray stated he votes for the entire City. He wanted to say the reason for the CRA was to get rid of the slum and blight. Although he represents District ll, he votes for the betterment of the entire City. He stated District II feel as though MLK Boulevard was being neglected. Attorney Cherof read from the resolution. Indicated the Commission motion would wrap up to item B. Attorney Cherof indicated there needs to be a motion to adopt R18-044. 21 Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 Vote The motion unanimously passed. F. Motion to approve general terms of Ground Lease Agreement and Facilities Lease Agreement between the City and CFP subject to approval by City Attorney. Attorney Cherof deferred to Attorney Donald J. Doody of Goren, Cherof, Doody & Ezrol, and P.A. Donald J. Doody, of Goren Cherof, Doody & Ezrol, P.A., indicated this motion would allow the law office to continue to negotiate and finalize the terms of the ground/facility lease agreement which included the City Hall and Library. The operational components of this transaction would allow the City to lease the land to CFP, which would construct the project, pursuant to the Facility Lease agreement, then lease the completed projects back to the City. Mayor Grant stated the good news was the City would own the land, and the improvements would be leased from CFP until the bonds are paid off, then the City would own those buildings as well. Attorney Doody asked for the Commission to approve the general terms of both the agreement and allow additional time to finalize the agreement. Commissioner Romelus asked if all the land would revert back to the City, other than the land being sold to the developer. Attorney Doody responded after the bonds are paid the land and buildings will revert back to the City of Boynton Beach. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed G. PROPOSED RESOLUTION NO. R18-045 - Authorize the Mayor to sign the New Markets Tax Credit (NMTC) Consulting agreement with Atwater Infrastructure Partners, LLC to provide consulting services in connection with the potential allocation of New Market Tax Credits to fund the redevelopment of the Old High School and related services. 22 Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 Commissioner McCray wanted to know more about the tax credit and Mayor Grant asked for an explanation about the tax credit. Commissioner Romelus stated this was free money given by the government. Mr. Groff responded that was correct. Motion Commissioner Romelus moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. H. PROPOSED RESOLUTION R18-046 - Authorize the Mayor to sign the following agreements with JKM Developers/Blackrock or its successors and assigns, for (1) The sale and purchase of real property owned by the city, and (2) A Development Agreement for Multi -Family rental housing with associated parking facilities, and (3) a parking license to provide parking for city facilities; and (4) an option agreement City re -acquisition of real property, all in furtherance of development of the City's Town Square Project. Mayor Grant read Proposed Resolution R18-046. Mayor Grant asked for a motion to approve. Motion Commissioner Casello moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed 3. ADJOURNMENT Mayor Grant asked for a motion to adjourn the City Commission Meeting. Motion Commissioner Romelus moved to adjourn. Commissioner McCray seconded the motion. 23 Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 Vote The motion unanimously passed. The meeting was adjourned at 6:10 p.m. COMMUNITY REDEVOPLMENT AGENCY SPECIAL MEETING Mayor Grant asked for a motion to continue the Community Redevelopment Agency Special meeting. Motion Board Member Casello moved to continue the CRA meeting. Board Member McCray seconded the motion. Vote The motion unanimously passed. Chair Grant asked for a motion to adjourn the Community Redevelopment Agency special meeting. Motion Board Member McCray moved to adjourn. Vice Chair Katz seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 6:11 p.m. (Continued on next page) 24 Special Joint Meeting Minutes City Commission and Community Redevelopment Agency Boynton Beach, Florida March 13, 2018 ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves Deputy City Clerk 25 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Christina Romelus Commissioner —Justin Katz Commissioner — Mack McCray Commissioner - Joe Casello I CRA BOARD MEETING OF: April 10, 2018 OLD BUSINESS AGENDAITEM: 13.A. 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. Additionally, Ms. Noggins made a request to the CRA Board if they would be agreeable to accepting a reduced amount to payoff the CRA HAP mortgage. The CRA Board advised her to come back with a reasonable offer (see Attachment V). Based on 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 silent Second Mortgage (see Attachment VI). FISCAL IMPACT: To be determined by the Board CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: To be determined based on discussion and consideration 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% E:3 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 E 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 121h 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 121h 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. 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: BOYNTON BEACH COMMUNITY REDEVELOPMENT A G F>QY ("'R , t`hmi, Date: / Z112-11-7 -. For Grantee/s: LASENDRA NOGGINS Date: 19,11d-11 �- __ Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 Board Member McCray asked if these funds could also assist Casa Costa. Staff agreed to discuss the program with him. Motion Board Member Romelus moved to approve the remainder of the Consent Agenda. Board Member McCray seconded the motion that unanimously passed. 12. Public Hearing None. 13. Old Business A. Financial Report Period Ending November 30, 2017 Vicki Hill, Finance Director, announced the CRA is right on budget with their financials. The accounting should be complete for the fiscal year and an audit brought to the Board some time in February. B. Discussion and Consideration of Changes to the Terms and Conditions for the Homebuyer Assistance Program Agreement between Lasendra Hoggins Wilson and the CRA Mr. Simon explained on October 10th, Ms. Noggins Wilson discussed her home and the restrictions on resale or leasing under the Housing Assistance Program (HAP) grant. A follow up discussion took place at the November 14th CRA meeting and the Board moved to amend the existing agreement to allow her the option to rent and still cap the equity at $47,000 should the property be sold. The Board allowed the stipulation to transfer or rent the property to another income eligible individual or family. The attachment was a legally prepared amendment to the agreement and a motion was needed. Board Member McCray commented since Ms. Noggins Wilson appeared, there was another homicide and he inquired if the Board would apprise individuals what type of area the home would be and learned it was up to Ms. Noggins Wilson to disclose the information. Board Member Romelus took issue with the item because it is a situation where another family will knowingly or unknowingly move into the situation Ms. Wilson was leaving and it was troubling. Board Member Casello advised he was not present at the second meeting. He thought it was a slippery slope and all the HAP recipients should have the same benefit as this owner. rl Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 Ms. Hoggins Wilson could turn the property into a rental property and when she first appeared, his heart went out to her. He commented money was an issue. Ms. Hoggins Wilson will be in charge of the building and he asked what experience she had in being a landlord and there are other homes in the area that are known drug houses. He thought the Board had not solved any of the issues that plaque the neighborhood and wanted a report from the Chief how to address the matter. He thought the Board should have taken a harder stance. There are three officers in the Heart of Boynton and he favored using the house as the station for the Neighborhood Police Office Proaram. Lashendra Hoggins Wilson agreed her moving out of the neighborhood does not solve the problem and the area needs a lot more than just her standing before the Board. She did raise the concern of having another family move into the home and it was addressed in a private meeting. It would have to be something with a prior meeting, a last minute thing or someone with no small children. She would not apprise prospective renters of the shootings, but there were other options on the table that they still have to review. The first step was to get her and her family to safety. She acknowledged there was another homicide four homes away from � � her. As far as experience being a landlord, she had certifications from the Urban League of West Palm and Broward County. Her concern is if she does not rent out the home, she is the one who is stuck trying to manage a mortgage and a rental property. She was not pushing the issue. She just wanted to know the option is there so she can get her game plan together. Ms. Noggins Wilson was not aware of any other HAP recipient that verbally expressed a concern about their neighborhood except her and she put it in writing to the Board. If there are other families that want to follow suit, they should speak up. She was very concerned about getting out of the neighborhood and adhering to the guidelines. She agreed the City and the Police Department have to get involved. Board Member Casello was concerned she would financially be unable to manage two homes and asked what could be done to help abate the problem in the area. He contended a police presence or a plan is necessary. Chair Grant suggested knocking on doors and asking residents what they want. Board Member Casello commented he would not knock on doors in Cherry Hill, but would attend a special meeting to gather neighborhood input. Chair Grant thanked Ms. Hoggins Wilson for coming forward and having a plan. He thought the issue was more of a business decision to give her more opportunities to have ownership of her home. The same courtesy will extend to others. Board Member Romelus thanked Ms. Hoggins Wilson for coming forward and advised she did not want to see the situation repeated. E Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 Motion Board Member Romelus moved to approve. Board Member McCray commented the Board is supposed to ask questions. He applauded Board Member Casello for asking questions. As Commissioner for District 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 E 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 C:1 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 "fruHome Solutions, LLC Uniform Residential Loan Application This application is designed to be completed by the applicant(s) with the Lender's assistance. Applicants should complete this form as "Borrower" or "Co -Borrower;' as applicable. Co-Borrowerintormation must also be provided 4aadthe� tpdalal=rharked) when [D the income or assets of a person other than the Borrower (including the Borrower's spouse) will be used as a basis for loan quaiifioadon or (_] theincomemassets of the Borrower's spouse or other person who has community property rights pursuant to state law will not be used as a basis for loan qualification, but his or her liabilities must be considered because the spouse or other person has community property rights pursuant to applicable law and Borrower resides in a community property state, the security property is located in a community property state, or the Borrower is relying on other property located in a community property state as a basis for repayment of the loan. If this is an application for joint credit, Borrower and Co -Borrower each agree that we intend to apply for joint credit (sign below): LTYPE OF MORTGAGE ANDTIERMS OF LOAN Mortgage ED VA ED Conventional E] Other (explain): Agency Case Number i Lender Case Number Applied for: ® FHA EJ USDA/Rural Housing Service Amount Interest Rate No. of Months Amortization 0 Fixed Rate © Other (explain): $ 128,205.00 4.875 % 360 Type: 0 GPM ED ARM (type): 11. PROPERTY INFORMATION AND PURPOSE OF LOAN Subject Property Address (street, city, state, & ZIP) I No, of Units 508 NW 12th Ave, Boynton Beach, FL 33435 County: Palm Beach 1 Legal Description of Subject Property (attach description if necessary) -- Year Built 2006 Purpose of Loan 0 Purchase M Construction ED Other (explain): Property will be: Refinance [D Construction -Permanent ® Primary ED Secondary [-1 Investment Residence Residence Cornpie#e #his tine if construction or construction -permanent loan. Year Lot Acquired i Original Cost Amount Existing Liens (a) Present Value of Lot ; (b) Cost of Improvements Total (a + b) i $ $ _ _.._. I $ _ — $---_------- Complete this line It this is a refinance loan. Year Acquired Original Cost Amount Existing Liens Purpose of Refinance I Describe Improvements 0 made E] to be made 2007 $150,000.00 $ 64,996.00 Cash•OuE Debt Consolidation -Cost $ ... - - --- - -- _.... ....__-._. ---- 1_ ._..__.. _ ..,__... --- . _ ._.._._._. ---- - Title will be held In what Name(s) Manner in which Title will be held Estate wilt be held in: LASENDRA C WILSON i To be decided in escrow ® Fee Simple .... -_ _ _.... Q Leasehold Source of Down Payment, Settlement Charges, and/or Subordinate Financing (explain) (show expiration date) I Borrower Ill. BORROWER INFORMATION Co -Borrower Borrower's Name (include Jr. or Sr. if applicable) Co -Borrower's Name (include Jr. or Sr. if applicable) LASENDRA C WILSON Saciai Security Number I Home Phone (incl. area code) DOB (mrUddNYyy) Yrs, Sdrod 506811 Security Number ; Home Phone (incl. area code)DOB (m,Ndd/AW Yrs, School to i man Unmarried (include single, Dependents (not listed by Co-Borrowar) Married Unmarried (include single, Depondents (not listed byBorrower)— divorced, widowed) no ages divorced, widowed) no, ages Separated Separated Present Address (street, city, state, ZIP) [XJ Own FIRent No.Yrs. Present Address (street, city, state, ZIP) 0 Own D Rent No.Yrs, 508 NW 12th Ave 11Y Boynton Beach, FL 33435 Mailing Address, it different from Present Address Mailing Address, if different from Present Address 508 NW 12th Ave Boxnton Beach, FL 33435 If residing at present address for less than two years, complete the following: Former Address (street, city, state, ZIP) D Own 0 Rent No.Yrs. Former Address (street, city, state, ZIP) FlOwn EJRent No.Yrs. Borrower IV. EMPLOYMENT INFORMATION Co -Borrower Name & Address of Employer 0 Sell Employed Yrs. on this job Name & Address of Employer 0 Self Employed Yrs, on this job .7Y._ --- [Yrs, Yrs, employed in Yrs, employed In this line of this line of work/profession work/profession 13 PositiontTitie/Type of Business Rnsiness Phone (incl. area code) Position/Title/Type of Business__Business Phone (incl. area code) ..... _..--- _. - it emproyea in current position for less than two yea,., _ , ff currently employed in more than one position, complete the following: Uniform Residential Loan Application Fannie Mae Form 1003 7105 (rev.6109) Freddie Mae Form 65 7/05 (rev.6109) Page 1 Of 5 GURLA09_S 0817 Ellie Mae, Inc. GURLA09S (POD) 03/08/2018 09:30 AM PST TruHome Saltations, LLC Borrower IV. EMPLOYMENT INFORMATION Co -Borrower Name & Address of Employer ® Self Employed I Dates (from -to) I Name & Address of Employer 0 Self Employed I Dates (from-ta) Monthly Income !! Monthly Income ----__.._.._--..._._..-______..._._....___..._._....-.....________.._.__.__.._.__-....__.-____._.._l__ _ _-- _._---------------------._.___._...._......_-_-•---_i_...__..._._-_._.___.. Positionrritle/Type of Business Business Phone (incl. area code) Position/Title/Type of Business Business Phone (incl. area code) Name « , _. _ Oyer sen tmpioyeu Dates (from -to) Name & Address of Employer Self Employed Dates (from -to) I I Monthly Income [� Monthly incomo $ L.... ........... - — — PosltiontTitieri-ype of Business Business Phone (Incl. area code) Position/Title/Type of Business Business Phone (Incl. area code) V. MONTHLY INCOME AND COMBINED HOUSING EXPENSE INFORMATION Gross Combined Monthly I Monthly income s Borrower Co Borrower Total Housing Expense Present Proposed Base Empl. Income' $ 2,742.13 g $ 2,742.13 Rent $ - .. Overtime First Mortgage (P&I) 744.001 $ 678.47 .. _... ____._,.. ._... ...._L . .... .... _ ....I"........_. ....._...... __....._... .. _....-_ -- --------_ ---. ___._...._______.--_.______i_.__.___- Bonuses j Other Financing (P&I) Gommlaaiona . i _...... _ Ha and Inouranoc _. - i 174.33 -- ----------- ...... . .. ..... ----------__- Dividends/interest i . __ ....... Rea( Estate Taxes ....------ _Dividends/interest 221,25 Net Rental Income I Mortgage Insurance 1 83.42 Other (before completing, i Homeowner Assn. Dues Ste the noticain"describo - --_._....._._......_.,.._._....___..___ ----- ______-—.--_-_- oihorincomq"bebw) i Other: 1 0.00 Total $ 2,742.13;1 $ is 2,742.13 Total $ 744.00 $ 1,157,47 Self Employed Borrower(s) may be required to provide additional documentation such as tax returns and financial statements. Describe Other Income Notice: Alimony, child support, or separate maintenance income need not be revealed H the Borrower (B) or Co -Borrower (C) does not choose to have li considered for repaying this loan, BIC- _ _ _....._.. _. _._.--------- -----__-i _Monthly Amount E L VI. ASSETS AND LIABILITIES I This Statement and any applicable supporting schedules may be completed Jointly by both married and unmarried Co -Borrowers if their assets and liabilities are sufficientfyjoined so that the Statement can be meaningfully and fairly presented on a combined basis; otherwise, separate Statements and Schedules are required. If the Co -Borrower section was completed about a non -applicant spouse or other person, this Statement and supporting schedules must be completed about that spouse or other person also. Comp)eled E] Jointly 0 Not Jointly ASSETS Cash or Liabilities and Pledged Assets. List the creditor's name, address, and account number for all outstanding Description Market Value debts, including automobile loans, revolving charge accounts, real estate loans, alimony, child support, stork .-._______,_-_________________ ____ pledges, etc. Use continuation sheet, it necessary. Indicate Cash deposit toward purchase held by: $ s 9e . y. by ') phase liabilities, which will be satisfied upon sale of real estate owned or upon refinancing of the subject properly. Borrower (B), Co-Sorrower (C), Joint (J); Monthly Payment & LIABILITIES ! Months Left to Pay Unpaid Balance List checking and savings accounts below Name and address of Company (B) i $ Payment/Months $ Name and address of Bank, S&L, or Credit Union SELECT PORTFOLIO SVCIN 1744.00 I °64,916.0D TO Bank I 235' PO BOX 65250 SALT LAKE CITY, UT 84165 I Acct,, no. _ _..._. ----- --- - ... Acct. no. $ 1,000.00 Name an. __Jress of Company (B) l S Payment/Months, $ Name and address of Bank, S&L, or Credit Union Boynton Beach Community Redevelopment 1.00 23,500.00 Agency l 60 Accf. no. I $ Name and address of Bank, S&L, or Credit Union Acct. no. _ Name and address o1 Company (B) BRIGHTSTAR CREDIT UNTO PO BOX 8966 FORT LAUDERDALE, FL 33310 $ Payment/Months $ '495.00 °31,167.00 71 Acct. no. I Uniform Residential Loan Application LASENDRA C WILSON Fannie Mae Form 1003 7105 (rev.6109) Freddie Mac Form 65 7" (rev.6109) Page 2 Of tJ GURLA09_S 0817 Ellie Mae, Inc. GURLA09S (POD) 03108/2018 09:30 AM PST TruHome Solutions, LLC L Vl. ASSETS AND LIABILITIES (cont'd) Acct. no. IS Name and address of Company (B) ; $ Payment/Months $ -- ----- --- 3--- -- _- - Name and address of Bank S&L, or Credit Union BRIGHTSTAR CREDIT UNTO i *263.00 *8,764.00 35 PO BOX 8966 FORT LAUDERDALE, FL 33310 R � Acct. no. I Acct. no. $ Name and address of Company (B) $ Payment/Months is Stocks & Bonds (Company name/number $ COMENITYBANK/NY&CO "70.00 I "1,079.00 & description) 16 220 W SCHROCK RD j WESTERVILLE, OH 43081 I i t' Acct. no. I Name and address of Company (B) $ Payment/Months ` $ -- -- -- Life insurance net cash value $ SAOCOCK ! (154.00) (152.00) 21 Face amount: $ 4423 CHERRY RD WEST PALM BEACH, FL 33409-6085 Subtotal Liquid Assets T $ 11,000.0D f ! Real estate owned (enter market value $ Acct, no.� from schedule of real estate owned) 180,000.00 Name and address of Company $ Payment/Months $ Vested interest in retirement fund $ Rel- ... -...... .. .. ... ...... I i t worth_off huslness(es) owned . (attach $ i financial statement) Automobiles owned (make and year) $ Acct. no. F _..__. ............. ----- ---- AkmonylChild Support/Separate Maintenance Is — Payments Owed to: Other Assets itemize) $ Job -Related Expense (child care, union dues, etc.) i$ I Total Monthly Payments $ 1.00 Total Assets a. $ 181,000.00 Net Worth $ (a minus b) 51,574.00 Total Liabilities b. $ 129,426.00 Schedule of Real Estate Owned (if additional properties are owned, use continuation sheet.) I I I IInsurance. Property Address (enter S if sold, PS if pending sale or i Type of Present I Amount of j Gross Mortgage I Maintenance, Net R if rental being held for income) ff ropeny Market Value j Mortgages & liens i Rental Income Payments Taxes & Mise. Rental Income 508 NW 12th Ave ! Boynton Beach, FL 33435 1 SFR $ 180,000.001 $ 86,416.001 $ $ 745.00 $ 0.00 $ I i i 1 TlI 180000DO) $ otas $ ,.,$ 745.00 $ $ —__88416.00! $ _-._._..__. List any additional names under which credit has previously been received and Indicate appropriate Creditor name(s) and account number(s): Alternate Name Creditor Name Account Number DETAILS OF TRANSACTION Vill, DECLARATIONS a. Purchase Price $ Borrower !Co -Borrower If you answer `Yes" to any questions a through i, please use -_—_-_-_-__.__..__...emen-__----___-____. _____._____._- _ - . continuation sheet for explanation. b. Alterations, improvements, repairsYes No Yes No c. Land (if acquired separately) -------------- - --- -- - -- --- -- - a. Are there any outstanding judgments against you? E3 IT D d. Refinance (incl debts to be paid off) 105,926.00 - -- -- -- ..-- b. Have you been declared bankrupt within the past 7 years? [D ® 1 ED ED e. Estimated prepaid items 1,255.23 -- c. Have you had property foreclosed upon or given title or deed in lieu thereof 0 FT C} 0 f. Estimated closing costs 3,821.38 in the last 7 years? g. PMI, MIP, ...__. Funding Fee 2,205.00 d. Are you a party to a lawsuit? © ® I -- —---.._..__._......-...._..._..._..._.....-.._....._....._.................._..D ED ._..© ® s ED 0 h. Discount (if Borrower will pay) e. Have you directly or indirectly been obligated on any loan which resulted in foreclosure, transfer of title in lieu of foreclosure, or judgment? L Total Costs {Add Items a through h) 113,207.61 (This would include such loans as home mortgage fears, SBA loans, home improvement loans, i educatlonai teens, manumclumd (mobilo) home roans, any mortgage, Onanclal obligalion, frond, j. Subordinate financing or loan guarantee. If Yas," provide datags, mduding dare, name and address of Lander, FHA or ---- - VA case number, if any, and reasons for the action.) S k. Borrower's closing costs paid by Seller 1 Uniform Residential Loan Application LASENDRA C WILSON Fannie Mae Form 1003 7105 (rev.6/09) Freddie Mac Form 65 7105 (rev.6109) Page 3 of 5 GURLA09-S 0817 Ellie Mae, Inc. GURLA09S (POD) 03/08/2018 09:30 AM PST IX. ACKNOWLEDGEMENT AND AGREEMENT Each of the undersigned specifically represents to Lender and to Lender's actual or potential agents, brokers, processors, attorneys, insurers, servicers, successors and assigns and agrees and acknowledges that: (1) the information provided In this application is true and correct as of the date set forth opposite my signature and that any intentional or negligent misrepresentation of this information contained in this application may result in civil liability, including monetary damages, to any person who may suffer any loss due to reliance upon any misrepresentation that I have made on this application, and/or in criminal penalties including, but not limited to, fine or Imprisonment or bath under the provisions of Title 18, United States Code, Sec. 1001, at seq.; (2) the loan requested pursuant to this application (the `Loan') will be secured by a mortgage or deed of trust on the property described in this application; (3) the property will not be used for any illegal or prohibited purpose or use; (4) all statements made In this application are made for the purpose of obtaining a residential mortgage loan; (5) the property will be occupied as indicated in this application; (6) the Lender, its servicers, successors or assigns may retain the original and/or an electronic record of this application, whether or not the Loan is approved; (7) the Lender and its agents, brokers, insurers, servicers, successors, and assigns may continuously rely on the information contained in the application, and I am obligated to amend and/or supplement the information provided in this application if any of the material facts that i have represented herein should change prior to closing of the Loan; (a) in the event that my payments on the Loan become delinquent, the Lender, its servicers, successors or assigns may, in addition to any other rights and remedies that it may have relating to such delinquency, report my name and account information to one or more consumer reporting agencies; (9) ownership of the Loan and/or administration of the Loan account may be transferred with such notice as may be required by law; (10) neither Lender nor its agents, brokers, insurers, servicers, successors or assigns has made any representation or warranty, express or implied, to me regarding the property or the condition or value of the properly; and (11) my transmission of this application as an -electronic record" containing my "electronic signature; as those terms are defined In applicable federal and/or state laws (excluding audio and video recordings), or my facsimile transmission of this application containing a facsimile of my signature, shall be as effective, enforceable and valid as it a paper version of this application were delivered containing my original written signature. Acknowled amen. Each of the undersigned hereby acknowledges that any owner of the Loan, its servicers, successors and assigns, may verity or reverify any information contained in i s application or obtain any information or data relating to the Loan, for any legitimate business purpose through any source, including a source named in this application or a consumer reporting agency. 8 'nature '-Thffiome solutions, LLC _ --- -- _ - --- - ,_........... — Ca -Borrower's Signature hate VIi. DETAILS OF TRANSACTION Vill. DECLARATIONS X 1. Other Credits (explain) portunity, fair h i home mortgage disclosure laws. You are not required to furnish this information, but are encouraged to da so. The la that a lander m t discriminate either on f this information, or on whether you choose to furnish it, If you furnish the information, please provide !y and race. Far race, yo if you answer"Yes" to any questions a through 1, please use Borrower iCo-Borrow, aterial to assure that the disclosures satisfy all r nits to which the lender is subject under applicable state la parilcular type of loan applied tar,) ORROWER Q I do not wish to furnish this informal]] CO -BORROW do not wish to furnish this information. thi : Q Hispanic or Latina [D Not Hispanic or L Ethn' Hispanic or Latino Q Not Hispanic or Latino continuation sheet for explanation, Yes No 4 Yes Na © Native Hawaiian or [:1 White Native Hawaiian or [D White Other Pacific Islander Other Pacific Islander Bx' Q Female Sex: .0 -Male L Are you presently delinquent or in default on any Federal debt or any other M DO ( E:1 0 Ina face-to-fac ' In a to erview ppticant and submitted by fax or mail loan, mortgage, financial obligation, bond, or loan guarantee? i _ t�t liaMoAFf4arre, (print or type) I Loan Originator Identifier Loan Originator's Phone Number (including area code) Andrew Chance Dickinson 11686228 1 State License # -1-039998 g. Are you obligated to pay alimony, child support, or separate maintenance? C] ®j El Q Loan Origination Company's Address TruHome Solutions, LLC 1582860 1 State License # - MLD634 9601 Legler Road In, Is any part of the down payment borrowed? 0 [R] E] 0 i. Are you a co -maker or endorser on a note? Q ...... ............................ J. Are you a U.S. citizen? k. Are you a permanent resident alien? 3 ® i Q ED .____._.._. ... _....._....._..__..... .___ - – _.___ m. Loan amount (exclude PMI, MIP, Funding Fee financed) 126,000.00 1. Do you intend to occupy the property as your primary residence? i ®� Q ...... .... n^ PMi, MIP, Funding Fee financed ,-._.._....._,........... ,....... ._..... .......... 2,205.00 If `1`oS Complete question m WOW. m, Have you had an ownership interest in a property in the last three years? ® E-1 11 Q Q o Loan amount (add m & n) __— --___--- _..__. _ ....._. _ _._......... 128 205.00 ...... ........... ..- (1) What type of property did you own – principal residence (PA), second I p. Cash from/to Borrower (14,997.39) home (SH), or investment property lip)? pa I (subtract j, k. I & o from i) 2 you hold title to the home – b () How did y y yourself (S), jointly with your spouse (SP), or jointly with another person (0)? Sp IX. ACKNOWLEDGEMENT AND AGREEMENT Each of the undersigned specifically represents to Lender and to Lender's actual or potential agents, brokers, processors, attorneys, insurers, servicers, successors and assigns and agrees and acknowledges that: (1) the information provided In this application is true and correct as of the date set forth opposite my signature and that any intentional or negligent misrepresentation of this information contained in this application may result in civil liability, including monetary damages, to any person who may suffer any loss due to reliance upon any misrepresentation that I have made on this application, and/or in criminal penalties including, but not limited to, fine or Imprisonment or bath under the provisions of Title 18, United States Code, Sec. 1001, at seq.; (2) the loan requested pursuant to this application (the `Loan') will be secured by a mortgage or deed of trust on the property described in this application; (3) the property will not be used for any illegal or prohibited purpose or use; (4) all statements made In this application are made for the purpose of obtaining a residential mortgage loan; (5) the property will be occupied as indicated in this application; (6) the Lender, its servicers, successors or assigns may retain the original and/or an electronic record of this application, whether or not the Loan is approved; (7) the Lender and its agents, brokers, insurers, servicers, successors, and assigns may continuously rely on the information contained in the application, and I am obligated to amend and/or supplement the information provided in this application if any of the material facts that i have represented herein should change prior to closing of the Loan; (a) in the event that my payments on the Loan become delinquent, the Lender, its servicers, successors or assigns may, in addition to any other rights and remedies that it may have relating to such delinquency, report my name and account information to one or more consumer reporting agencies; (9) ownership of the Loan and/or administration of the Loan account may be transferred with such notice as may be required by law; (10) neither Lender nor its agents, brokers, insurers, servicers, successors or assigns has made any representation or warranty, express or implied, to me regarding the property or the condition or value of the properly; and (11) my transmission of this application as an -electronic record" containing my "electronic signature; as those terms are defined In applicable federal and/or state laws (excluding audio and video recordings), or my facsimile transmission of this application containing a facsimile of my signature, shall be as effective, enforceable and valid as it a paper version of this application were delivered containing my original written signature. Acknowled amen. Each of the undersigned hereby acknowledges that any owner of the Loan, its servicers, successors and assigns, may verity or reverify any information contained in i s application or obtain any information or data relating to the Loan, for any legitimate business purpose through any source, including a source named in this application or a consumer reporting agency. 8 'nature Date _ --- -- _ - --- - ,_........... — Ca -Borrower's Signature hate 3/8/2018 1 1:00:23 PST X e follow]] iion is requested by the Federal Government for certain types of loans related to a dwel4ng in order to monftor the lender's compile qual cre portunity, fair h i home mortgage disclosure laws. You are not required to furnish this information, but are encouraged to da so. The la that a lander m t discriminate either on f this information, or on whether you choose to furnish it, If you furnish the information, please provide !y and race. Far race, yo ay check more than ona designa u do not furnish ethnicity, race, or sex, under Federal regulations, this lander is required ! niarmation an the basis of visa servation and surname if you have ma lication In person, if you do not will to furnish the Information, please c ox below. (Lender must review the aba aterial to assure that the disclosures satisfy all r nits to which the lender is subject under applicable state la parilcular type of loan applied tar,) ORROWER Q I do not wish to furnish this informal]] CO -BORROW do not wish to furnish this information. thi : Q Hispanic or Latina [D Not Hispanic or L Ethn' Hispanic or Latino Q Not Hispanic or Latino ace: Q American Indian or Q Asian Q Black or Q American Indian or ED Asian tD Black or Alaska Native African A Alaska Native African America © Native Hawaiian or [:1 White Native Hawaiian or [D White Other Pacific Islander Other Pacific Islander Bx' Q Female Sex: .0 -Male o be Completed by Loan Originator: his information was provided: Ina face-to-fac ' In a to erview ppticant and submitted by fax or mail 0rigilrataw Signature tw « D,rd, o� Date 31812018 114:48:11 PST ELL _ t�t liaMoAFf4arre, (print or type) I Loan Originator Identifier Loan Originator's Phone Number (including area code) Andrew Chance Dickinson 11686228 1 State License # -1-039998 913-214.3544 Loan Originat(on Company's Name I Loan Origination Company Identifier Loan Origination Company's Address TruHome Solutions, LLC 1582860 1 State License # - MLD634 9601 Legler Road Lenexa, KS 66219 Uniform Residential Loan Application Fannie Mae Form 1003 7105 (rev,6/09) Freddie Mac Form 65 7106 (rev.6109) Page 4 Of 5 GURLA09Di_S 0617 Ellie Mae, Inc, GURLA09S (POD) 03/06/2018 09:30 AM PST I CRA BOARD MEETING OF: April 10, 2018 OLD BUSINESS AGENDAITEM: 13.13. SUBJECT: Consideration of Addendum to Purchase and Sale Agreement for 211 E. Ocean Avenue, a/k/a Magnuson House 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 a make diligent effort to obtain permit 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). At their March 13, 2018 meeting, the property owner, his attorneys and restaurant tenant were in attendance and presented the CRA Board with their plea for leniency and request for a date certain, May 14, 2018 to obtain an approved building permit and if not obtained by that date, acceptance of the Board's request to exercise their reverter at a cost not to exceed $255,000. The property owner also waived their right to protest the reverter in the event it is evoked. These terms have been executed by the owner in the form of an Addendum presented to the Board for their approval (see Attachment VI). FISCAL IMPACT: To be determined based on Board action. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval to execute the Addendum to the Purchase and Development Agreement with Shovel Ready Projects, LLC, and the terms provided therein and associated with the purchase of the property located at 211 E. Ocean Avenue. 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 - Signed Addendum from Shovel Ready Projects, LLC D Attachment VII -Signed Lease with Restaurant Developer I I -1 k �A OW hil) aw"Flm D11[#i11W10i11D11Ci11#,h Purchaser and Seller desire to amend certain terms and conditions of the Agreement, va more particularly described below: 1. Paragraph 18.3(b) of the Agreement is hereby amended to extend the date by which Purchaser must submit a Construction Permit Application to the City of Boynton Beach until DecernberX 12. 16. — 3 () dal -S Irom NbV 14 QC) 1 (0 IP Terms which are capitalized but not defined herein shall have the meanings given to such terms -in the Agreement. Except as expressly set forth in this Amendment, the Agreement is unmodified and remains in full force and effect, and is hereby ratified and confirmed by Purchaser and Seller. This Amendment any be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. IN WITNESS W1MREOF, the Parties have executed this Amendment as of the date firs) set forth above. FTFLMR�F �MUIVA M'S Vo a I Mtle-j 0 �iry� Y-1 12 Op Title: 0 o5l) I Date:11 It, Ir -b Witnesses: I i oil E"02EM- C #PO o form tan, legal sufficiency: A�tt=e- ON0140-1 with the Seller, the "Parfies'�. Purchaser and Seller desire to amend certain terms and conditions of the Agreement as more particularly described below: The Feasibility Period set forth in Paragraph 7 of the above -referenced Agreement i -T hereby amended to March 4, 2016. All other deadfines set forth in the Agreement, including Closing Daft, shall remain unchanged. and Seller. This Amendment any be executed in any number of counterp", any one and all of IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date, first set forth above. BUYER LOCAL DEV CO, LLC AND/OR ASSIGNS; By: Print Name: Title: Date. Witnesses: OM1448-1 0 16, Ili 0 Oki Print Name.- C--*Vl - Title: FIRST AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT This First Amendment to Purchase and Development Agreement (hereinafter "Amendment") is made and entered into as of January _, 2016, by and between BOYNTON BEACII COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "Seller") and LOCAL DEV CO, LLC, a Florida limited liability company or its affiliated assignee (hereinafter "Purchaser", and together with the Seller, the "Panties"). Purchaser and Seller desire to amend certain terms and conditions of the Agreement, as more particularly described below: 1. The Feasibility Period set forth in Paragraph 7 of the above -referenced Agreement is hereby amended to March 4, 2016. All other deadlines set forth in the Agreement, including Closing Date, shall remain unchanged. Terms which are capitalized but not defined herein shall have the meanings given to such terms in the Agreement. Except as expressly set forth in this Amendment, the Agreement is unmodified and remains in full force and effect, and is hereby ratified and confirmed by Purchaser and Seller. This Amendment any be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first set forth above. BUYER LOCAL DEV CO, LLC AND/OR ASSIGNS, By: _ / <,PrintName] (.;.� Title: Zi /'` -` Date: SELLER BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Title: Date: Witnesses: Witnesses: Witnesses: to Attorney 00601448.1 and legal sufficiency: 11��Ilprl�� i � I OfT41141, 111" A a . Fill! ill Ji 1`1 ffmflml This Purchase and Development Agreement (hereinafter "Agreemenf ) is made ani entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNrlY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "SELLER") and LOCAL DEV CO, LLC ( or its assignee, as provided for herein) (hereinafter "PURCHASER"). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: I . PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey t* 1!URCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terrrX 9-nd conditions hereinafter set forth, the Property which consists of one parcel located in Palm Fteacb County, Florida (the "Property") having an address of 211 E. Ocean Avenue, Boynton 11'each and more particularly described as follows: See Attached Exhibit "A". 3. DEPOSIT. PURCHASER shall deposit ten percent (10%) of the purcha price within five days of the Effective Date with the SELLER'S escrow agent Lewis, Lo-ngm and Walker, P.A. I 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date) shall S as 81 the date when the last one of the SELLER and P�URCHASER has signed the Agre L"Mr ggree T t4a6 However- no -,fartj-, shall execute the A gr -e - party or the Agreement shall become null and vo void. 5. CLOSING. The purchase and sale transaction contemplated herein shall clo v within forty-five (45) days of PURCHASER obtaining Major Site Plan Modification appro I �p from the City of Boynton Beach for the full service restaurant (the "Closing"), unless ex. tend by other provisions of this Agreement or by written agreement, signed by both parties, extend' the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the 'Termitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and ff'URCHASE AND DEVELOPMENT AGREEMENT/LocalDevz r' -age 3 of 16 PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith seek to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Ti Company to issue an updated Title Commitment ("Fitle Update") coveting the Property. If Title Update contains any conditions which did not appear in the Title Commitment, and s items render title unmarketable, PURCHASER shall have the right to object to such new different conditions in writing prior to Closing. All rights and objections of the Parties wi respect to objections arising from the Title Update shall be the same as objections to ite appearing in the Tide Commitment, subject to the provisions of this Section. I 7.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obt a current boundary survey (the "Survey") of the Property, indicating the number of ac I comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachm me on the Property or that improvements located thereon encroach on setback lines, ease e lands of others or violate any restrictions, covenants of this Agreement, or applicab governmental regulations, the same shall constitute a title defect and shall be governed by provisions of Section 7.2 concerning title objections. I 11 W Of ME r� i -1 W 8.2 'Condition of Propt*., PROPERTY is being purchased in "as is" condition. SELLER makes no warranty about the condition of the'structure or any of the appurtenances on the Property. PURCHASER understands that the Property is in need of major structural renovation in order to be utilized as a full-service restaurant. 8.3 Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. -rf T-A-MM14ME IV T? Co —ca 115 e v Page 4 of 16 1 8.4 ComDliance_ with Laws and Regulations. The Property shall be ir compliance with all 4rpji�ca �If � state and local laws, ordinances- ruIes_,_v_- requirements, licenses, permits and authorizations as of the date of Closing. 9. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Titli Company. At Closing, SELLER shall execute and deliver, or cause to be executed and deliverei to PURCHASER the following documents and instruments: 9.1 Deed. A Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner affidavit attesting that, to the best of its knowledge, no individual or entity has any claim again the Property under the applicable construction lien law; and that there are no parties possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER non -foreign affidavit with respect to the Property. In the event SELLER is unable to deliver i affidavits referenced above, the same shall be deemed an uncured Title Objection. I 9.3 Closing Statement. A closing statement setting forth the Purchase Pric all credits, adjustments and prorations between PURCHASER and SELLER, aall costs 4 expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall al * execute and deliver at Closing. 1i 4 �14 I =41 I g $j 0 oil gil ffoxx�pl gw# 9.5 Additional Documents, Such other documents as PURCHASER or t Title Company may reasonably request that SELLER execute and deliver, and any oth documents required by this Agreement or reasonably necessary in order to close this transacti and effectuate the terms of this Agreement. I 10.1 Prorations. Taxes for the Property shall be prorated through the d before Closing. Cash at Closing shall be increased or decreased as may be required prorations to be made through the day prior to Closing. Taxes shall be prorated based upon t current year's tax with due allowance made for maximum allowable discount. If Closing oce at a date when the current year's millage is not fixed and current year's assessment is availab, taxes will be prorated based upon such assessment and prior year's millage. If current year assessment is not available, then taxes will be prorated on prior year's tax. A tax proration bas on an estimate shall, at request of either party, be readjusted upon receipt of tax bill. Page 5 of 16 recording the deed and all general closing expenses (settlement fee, courier fees, overnight ramackages, 10.3 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Closing Agent designated by SELLER, the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked -up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.4 Existing Mort:, ges and Other Liens, At Closing, SELLER shall obtain, J or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11.1 Seller's ReDresentations and Warranties. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 11.2 Authority. The execution and delivery of this Agreement by SELLER the consummation by SELLER of the transaction contemplated by this Agreement are with SELLER'S capacity and all requisite action has been taken to make this Agreement valid binding on SELLER in accordance with its terms. The person executing !is Agreement behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and t1h Agreement represents a valid and binding obligation of SELLER. 11.3 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12. DEFAULT. 12.1 PURCHASER'S Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, Seller shall have, at its option, the right to declare Purchaser in default under this Avreement by Notice delivered to Purchaser, in which event Seller shall be entitled to retain deposit (which shall not constitute a penalty). PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons cWming by, through or under PURCHASER, but not otherwise, 12.2 SELLER'S Default. In the event that SELLER shall fail to fully timely perform any of its obligations or covenants hereunder or if any of SEE:LLE . JR' r2resentations are untrue or inaccurate then, notwithstanding anvthine to 111 11 w" 6 r Page 6 of 16 11111p� WAM01-701M EIT414101RIN tiW1 Mtge) 1 IINM41. 123 Notice of Defa It. Prior to declaring a default and exercising the remedies described herein, the non -defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non -defaulting Party may exercise the remedies described above. 12.4 Survival. The provisions of this Section 12 shall survive the termination if this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall considered delivered when received by certified mail, return receipt requested, or person delivery to the following addresses: 11 If to Seller: Boynton each Community Redevelopment Agency Executive Director, Vivian L. Brooks 71 N. Federal Highway Boynton Beach, Florida 33435 With a copy to: Tara Duhy, Esq. Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 If to Buyer: Local Dev Co, LLC 630 N. P Street Philadelphia, PA 19123 With a copy to: Thomas F. Carney, Jr., Esq. CARNEY STANTON P.L. 135 S.E. 5th Avenue, Suite 202 Delray Beach, Florida 33483 14. BINDING OBLIGATIONIASSIGNMENT. The terms and conditions of thl! Agreement are hereby made binding on, and shall inure to the benefit of, the successors all. permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreeme I without the prior written consent of PURCHASER, which shall not be unreasonably withhelt. PURCHASER may not assign this Agreement to any other party without the prior writt approval of SELLER. 'r7fUc-aKfYe—vM1 Page 7 of 16 15. RISK OF LOSS. hi the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, to terminate this Agreement and the parties shall have no farther obligations under this agreement, or PURCHASER may accept the Property without any reduction in the value of the Property and the Development Timelines set forth in Section 18.3 below shall be reasonably adjusted by mutual agreement of the parties to zccommodate same.. 16. BROKER FEES. The PURCHASER hereby confirms that it has dealt wi6i Prakas & Co. as broker in connection with the transaction contemplated by this Agreement an4 shall be responsible for paying Prakas & Co. a five percent (51/o) commission on. the purchase price at the closing of the Property. 17. ENVIRONMENTAL CONDITIONS, To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authonizations, including, without limitation, applicable zoning and environmental laws and regulations. 18. DEVELOPMENT AND SALE OF THE PROPERTY. SELLER and PURCHASER acknowledge that the Pro�y�rt,-, is bein I sold to of developing a fall service restaurant. 18.1 SELLER Design A Mroval. The PURCHASER agrees that the SELLER shall have the right to approve of the design of the building and site as a condition of this PURCHASE AND SALE AGREEMENT. Prior to the expiration of the Feasibility Period, PURCHASER shall submit plans to the SELLER for review. SELLER shall provide comments to PURCHASER at its next regularly scheduled Board meeting. The SELLER's approval of the plans and design shall not be unreasonably withheld provided the plans and design meet the criteria set forth and described in the City of Boynton Beach approved Urban Design Guidelines for Development within the Boynton Beach Community Redevelopment Area. 18.2 Economic Development Grant Incentives and Funding. The SELLER shall provide the PURCHASER with the following Boynton Beach Community Redevelopment Agency Economic Development Grants if needed, to induce the enhancement ?,nd/or expansion of the restaurant: Commercial Fagade Grant - Purchaser shall be reimbursed up to a maximum amount of $25,000 with a $25,000 match by Purchaser. Said funds to be reimbursed within thirty (30) days of receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation consistent with the eligible items set forth in the CRA's Commercial Fagade Grant Program. b. Commercial Construction Project Incentive Program — Purchas(I shall be reimbursed the building permit fee of 2.3% if the projeoM Vage 8 of 16 cost is less than $250,000 in construction value (as stated on the 37-34""if-fibl—Mrdti. �-kirrddW exceeds $250,000, Said fitrids to be reimbursed within thirty (30) days of receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation. Maximum Reimbursement not to exceed $66,000. C. Interior Build -Out Grant - Purchaser to be reimbursed an amount up to $45,000, to be paid on a reimbursement basis within thirty (30) days of the Property receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation, consistent with the eligible items set forth in the CRA's Interior Build -out Grant Program. A $45,000 match is required by the PURCHASER. d. 211 E. Ocean Renovation Grant — Purchaser shall be reimbursed up to $200,000 to be paid on a reimbursement basis for construction costs associated with the renovation of the Property. Reimbursement process will require PURCHASER to present SELLER with copies of the final paid contractor "application for payment documenf' s and cancelled check to contractors for eligible expenses. Eligible expenses are those that are for construction of the project only. Soft costs will not be reimbursed. Reimbursement to PURCHASER shall occur within thirty (30) days of the Property receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentatiox. SELLER hereby agrees that PURCHASER is not required to apply for and fill out all C program forms applicable to each Economic Development Grant program. However, all of t rules of the grant programs must be adhered to. If the CRA Economic Development Gr programs change from the time of this Agreement and the time that the Seller accesses Economic Development Grant fiinding, the fimding amounts shall remain as stated above. 1 18.3 Develgpinent Timeline. In order to ensure that the public purpose is bC] met, the following events must be documented in writing and provided to the SELLER upoi completion of each. Time is calculated from the Effective Date. a. Submission of Major Site Plan documents to the City of Boynton Beach within Forty -Five days after the expiration of the Feasibility Period or Forty -Five Days after the final approval of the design and site plan by the CRA as set forth in Paragraph 18. 1, whichever is later. bSubmission of Construction Permit Application to the City of Boynton Beach within ninety (90) days of the Major Site Plan approval date (if applicable). womofty'"MMUMM30 W Page 9 of 16 C. Commencement of construction within sixty (60) days of the Building Permit approval date. d. Certificate of Occupancy to be provided within Two Hundred Forty (240) days from the Commencement of Construction Date, unless extended do to a force majeure, circumstances beyond the Purchaser's control and approved by SELLER, or extended as otherwise permitted in this Agreement. 19. PROPERTY REVERTER CLAUSE. The deed of conveyance shall contain a reverter clause that shall run with the Property, requiring the Property to be reconveyed to SELLER by quit claim deed should either of the following occur: 1) PURCHASER defaults in not timely constructing the restaurant per Section 18.3 unless, pursuant to Section 15 or Paragraph 18.3(d), both parties agree to extend the time to construct the restaurant due to circumstances beyond the PURCHASERS control; or 2) the Property ceases to be used, for a y.eriod of nine months, for a CRA ay-etr�� which approval will not be unreasonable withheld) as the same may be amended from time to time. In the event the SELLER exercises its right to reverter as a result of the Property failing to be used for an approved CRA use for a period of nine months, SELLER shall reimburse PURCHASER the fair market value of the property, as determined by an independent third party appraisal. In addition, PURCHASER shall execute a Teverter agreement in the form set forth on Exhibit "B". 20. TERMINATION OF AGREEMENT. If the timeline outlined in Section 18.3 above is not strictly met, and PURCHASER has not provided SELLER with a written notification as to the reason explaining that circumstances not under the control of PURCHASER have prevented PURCHASER from meeting the timeline, and SELLER has not agreed in writing to the same, then the Property shall automatically revert back to the SELLER, this Agreement shall be terininated, and SELLER shall be released from any and all obligations under this Agreement. SELLER agrees to work reasonably with PURCHASER in working within the timeframes set forth above, but PURCHASER and SELLER agree that time is of the essence. 21. SELLER'S FIRST RIGHT OF REFUSAL TO PURCHASE PROPERTY. PURCHASER hereby grants SELLER a right of first reffisal to purchase the Property in accordance with the te,-w.s belmir: a. If at any time, PURCHASER receives either a bona fide written offer by a willing third party to purchase all or part of the Property which PURCHASER intends to accept, or a purchase agreement which PURCHASER intends to enter into ("Offer"), PURCHASER shall give written notice to SELLER at the address provided below accompanied by a copy of such Offer at least thirty (30) days before the date of contemplated sale. ONAWMA I UR a tqwld 1 0 ft■ Page 10 of 16 the Property shall be confirmed by an independent appraisal agreeable to both the SELLER ane, [be PURCHASER, SELLER fails to exercise its Right of First Refusal within the time stat above, the Right of First Refusal shall have no more force and effect. d. Within five (5) days after the effective date (the date of complete execution delivery of a Purchase Agreement), SELLER shall deposit with PURCHASER ten percent (101 of the Purchase Price as Ernest Money. If the sale is closed, the Ernest money shall be appli toward the Purchase Price. If SELLER decides not to purchase Property in violation of Purchase Agreement, PURCHASER shall retain the Ernest Money and shall be free to retain convey the property in his sole discretion. e. The parties understand and agree that the intent of this Right of First Refus retained by SELLER is to ensure the Property is maintained and operated in the mann described in paragraph 2 above and protective of the grants provided in subparagraph 18.2. Th provision is not intended and will not be exercised to prevent PURCHASER from subsequent conveying the Property to a third party otherwise meeting the criteria and obligations set forth 1 this Agreement. f. The Right of First Refusal as set forth in this Paragraph 21 shall automatical expire three (3) years from the date of the issuance of the Certificate of Occupancy. 22. MISCELLANEOUS, 22.1 General. This Agreement, and any amendment hereto, may be executed any number of counterparts, each of which shall be deemed to be an original and all of whi shall, together, constitute one and the same instrument. The section and paragraph headin herein contained are for the purposes of identification only and shall not be considered construing this Agreement. Reference to a Section shall be deemed to be a reference to the enti i Section, unless otherwise specified, No modification or amendment of this Agreement shall of any force or effect unless in writing executed by Parties. This Agreement sets forth the en agreement between the Parties relating to the Property and all subject matter herein supersedes all prior and contemporaneous negotiations, understandings and agreements, wri ttt-. or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arisin out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach Coun Florida, or, should any cause of action be limited to federal jurisdiction only, in the United Stat% Vistrict Court for the Southern District Court of Florida. 22.2 Cgmputation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods conu-nencing with the Effective Date shall not include the Effective N W75AFMA-VINTM Page I I of 16 lkk�l MMM MMIM 22.3 Waiver, Neither the failure of a party to insist upon a strict performan of ing of the ter, is. covenants,,-Weements and conditions hereoff, nor the acce�darii of any item by a party with knowledge of a breach of this Agreement by the other party in performance of their respective obligations hereunder, shall be deemed a waiver of any rights remedies that a party may have or a waiver of any subsequent breach or default in any of su terms, provisions, covenants, agreements or conditions. This paragraph shall survive terminati of this Agreement and the Closing. I 22.4 Construction. of Ageement. The Parties to this Agreement, t ou I' counsel, have participated freely in the negotiation and preparation hereof. Neither th Al_w&enient nor aWA amendment hereto shall be more strictlo construed agjnsLa%,A of the Partite As used in this Agreement, or any amendment hereto, the masculine shall include the feminin the singular shall include the plural, and the plural shall include the singular, as the context in require. Provisions of this Agreement that expressly provide that they survive the Closing sh not merge into the Deed. I 22.5 Severabilfty. if any provision of this Agreement or the applicati trrf all- fboTr a, -td to a-wX gjjajj;k �'*r jingr M-1 MMMMIF MMOWIME9161111M I 111I111`IIII'I #1 4if4201M 22.7 Waiver of JM Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 22.8 AttornUs Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to i party. 22.10 Recordine. This Agreement may be recorded in the Public Records of Pah-n Beach County, Florida. Page 12 of 16 22.12 SELLER Attornevs' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by QELLER in connection with the transaction contemplated by this Agreement. 22.13 Public Records. SELLER is public agency subject to Chapter I 19, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law. Specifically, the PURCHASER shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the SELLER in a format that is compatible with the information technology systems of the SELLER. a. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If PURCHASER fails to cure the default within seven (7) days' notice from the SELLER the SELLER may terminate the Agre-- ! _ e he intent of PURCHASER to assign this Agreement, and all the right - and obligations thereunder, to an entity in which PURCHASER maintain& -e majority interest, to which SELLER hereby approves. Page 13 of 16 Vw R LOCAL DEV CO, LLC AND/OR ASSIGNS; By: Print Name: Title, Date: SELLER BOYNTON EACH COMMUNITY REDEVELOMENT AGENCY By: Print Name: Jerry Taylor Title: Chair Date: Witnesses: MMU *zIrks :f2# "IE ?d.«f2: « cm�«»w<+ Page 13 of 16 RM %1� ?#23? #?2 2#.222 f #<#± + « <f?■? ©>fz»z<? « 2z «© »wWMIM- Iq w r"(? 2ly 91� M, ##2IfiIIi ?02# \ l22 K ! 2\101 UJUTl mMEMO Date: $f qz < . . Witness Exhibit "I Legal Description /#\}\& 14, t}#?\ / ORIGINAL TOWN OFBOYN TON BEACH, according to he Plat thereof, ^f?+£¥f¥ in Plat B«#\ 1, Page ©\. of the Public Records of Palm Beach County,Florida 11121 111 ;11 ;1�1 pig 1 1� 111 li�11!1!1��l��ll��illi�"I IIIII VVIIIIIIII401 This REVERTER AGREEMENT is to as of this day of 2015 by and between the Boynton Beach Community Redevelopment Agency (the "SELLER") and Local Dev Co, LLC, having an address of - ---------------------------- -, ----------------------------- I - ------ — ---------- (the "PURCHASER"). kPage 15 of 16 A. The 1 SELLER has Lconveyed to PURCHASER # f 1w certain 1 vxl estate ! w on Exhibit "A" attached hereto (the "Property") pursuant to a Deed of even yate herewith between the SELLERand Irt.. B. The PURCHASER has agreed to construct certain Improvements on the Property in accordancewith the guidelines x ,R criteria set forthon Purchase1 Developmeni. Agreement. C. The Deed shall provide that if the PURCHASER does not construct the F,raprovements as set forth in this Agreement, then the Property shall revert to the SELLER. D. Further,- provide that if the PURCH completed facilities operational for any nine month period and/or if the Property is not used for CRA approved use (the approval of which shall not be unreasonably withheld), the Prope shallrevert to the SELLER. NOW THEREFORE, in consideration of _ transferof Property PURCHASER and other consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: PURCHASER construction of the Improvements in accordance with the terms of the Purchase and Develo,rme"A eement attached hereto rx 1- event the Irnprovementsare not completed by the Completion Date (unless extended pursuant to the terms of the Purchase and Development Agreement), the Property shall revert to ► thereafter become fee simple real estate owned by the SELLER. warrantyWithin 30 days of the written request of the SELLER, the PURCHASER will provide a general deed 1 Property in form an! substance acceptable to the SELLER evidencing reconveyance of the Property. 3. During the construction of the Improvements, PURCHASER will not place any additional liens or encumbrances on the Property except as consented to by the SELLER. In that regard, the SELLER agrees not to unreasonably withhold its consent to any construction loan financed with a commercial bank or similar lender intended to fund the construction ad development of the Improvements.an Page 16 of 16 uses as set forth in Exhibit "Cor as approved by the CRA, remain open for business duti normal business hours and for not less than 40 hours a week. Failure to do so for any nine mo ■ period shall authorize the SELLER to exercise the reverter provision within the Deed. Shou the SELLER exercise this right by providing 30 days written notice to PURCHASER, it wi reiI1 urse PURCHASER the fair market value of the property, as determined by an independe third party appraisal. Thereafter, PURCHASER will provide a general warranty deed to t Property in form and substance acceptable to the SELLER evidencing the reconveyance of t Prop erty to SELLER. This reverter provision shall automatically expire ten years from Pffectivc Date of the Agreement. This Agreement shall be binding upon -the parties hereto and shall be binding upon and inure to the benefit of their successors and assigns. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. This Agreement may only be modified or amended by a written agreement signed authorized representatives of the parties hereto. I Local Dev Co,, LLC and/or assigns; ......... print Na"me 4,' j4A1,&Yj-, Title: . ... . Nair ie: By: I Ta r, Ch r �T i September 20, 2017 Thomas F. Carney, Esquire Carney Stanton, P.L. 135 S.E. 5th Avenue, Suite 202 Delray Beach, Florida 33483 Re: Boynton Beach Community Redevelopment Agency s/t to Shovel Ready Projects, LLC Dear Mr. Carney: Attorneys at Law Ilw-law.com Reply To: West Palm Beach As you are aware, this Firm represents the Boynton Beach Community Redevelopment Agency ("CRA") with regard to the above referenced transaction. Pursuant to the terms of the Purchase and Development Agreement (having an Effective Date of October 5, 2015) your client had post -closing obligations to timely develop the property. Specifically, the provisions of paragraph 18 of the Agreement set forth a development timeline intended to ensure the timely construction of the project and in turn provide your client certain grant incentives and funding if they are achieved. Please accept this correspondence as notice that the CRA does not believe that these development timelines are being achieved. While it is understood that a building application was submitted consistent with the Second Addendum of the Agreement, there appears to be no permitting activity since early May, 2017. Note that implicit in the financial incentive and development provisions of the Agreement is a requirement that your client diligently and in good faith respond to all requests for additional information or other inquiries from the City and other regulatory agencies. Please note that failure to do so constitutes a breach under the Agreement allowing my client the opportunity to pursue its available remedies, including the right to exercise its right of reverter as set forth in Paragraph 19 of the Agreement. 1IT.Ta WIT,nTrr 245 Riverside Ave., Suite 150 Jacksonville, Florida 32202 T: 904.353.6410 F: 904.3E�&9c$*9 )i 315 South Calhoun St., Suite 830 Tallahassee, Florida 32301 T. 850.222.5702 F: 850.224.9242 101 Riverfront Blvd., Suite 620 Bradenton, Florida 34205 T: 941.708.40140 F: 941.708.4024 See Things Differently' WEST PALM BEACH 515 North Flagler Dr., Suite 1500 West Palm Beach. Florida 33401 T: 561.640.0820 F: 561 .640.8202 Thomas F. Carney, Esquire September 20, 2017 Page 2 The CRA supports your project and understands the intricacies and potential delays that can occur during the development process — timely completion of this project, however, remains a priority. I look forward to working with you in resolving the above. Sincerely, Kenneth Dodge KWD/jlb c: Mike Simon, BBCRA T. Utterback, BBCRA T. Shutt, BBCRA 00870590-1 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 0 Shovel Ready Projects 630 N. 3rd St, Philadelphia, PA 19123 215.592.7777 www.shovelreadyprolects.us December 20, 210 17 Michael Simon. Executive Director Bovnton Beach CRA 7101 N. Federal Highway Boynton Beach, FL 33435 RE 211 E. Ocean Avenue Prqiect Permit Approval Process Dear Mr. Simon, Your letter of December 15., 2017 caught us by complete surprise. We are moving forward as expeditiously as the permitting process in Boynton Beach will allow. Your expectation of our ability to respond does not take into account the magnitude of the issues involved. In fact, we have responded to the items for which responses were possible and appropriate without redesigning the project. it is my understanding that we are waiting tbr the City's decision as to which of their examiners will be moving forward with this project. I am also awaiting a letter from Jim Williams, our architect, as to what we will need to do to move forward depending on the City's decision. We will, of course, keep you informed as to what is happening with the City and what we will need to do to move fbi-ward. SincerelY. Steve Labov 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 rake 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. Vice Chair Katz moved to approve. Board Member McCray seconded the motion that unanimously passed. 23 February 19,2818 VIA REGULAR & CERTIFIED U.S. MAIL Stephen Labov Shovel Ready Projects, LLC 630 N.3=Street Philadelphia, PAlQ123 Re: 211E'Ocean Avenue, Boynton Beach, FL; Notice of Default Dear Mr. Labov: Attorneys at Law Reply To: West Palm Beach At the direction of the Board of the Boynton Beach Community Redevelopment Agency ("CRA") given at their February 13, I018, 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 asExhibit "A"). Specifically, Shovel Ready Projects, LLC has failed tomeet 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, LL[ execute a General Warranty Deed conveying the Property back tuthe CRA within 30days nfthe date ofthis letter. Your prompt attention is requested. Please contact- me, you have any questions regarding the above. /d'Since riAy/ /- K\ND/|b [c: Thomas Carney, Esquire M. Simon, BBCRA l[Utterback,BB[RA K.Dodge, LLVV JACKSONVILLE TALLAHASSEE TAMPA BAY 245Riverside /vo..Suite 15O 315South Calhoun 31..Suite 88O 101RiverfrontBlvd..Suite 620 Jacksonville, Florida 32202 Tallahassee, Florida 32301 Bradenton, Florida 342O5 T904353.6410 T 850222.5702 T941.708.4040 > F:904.8,16&76&0, U F: 850.224.9242 V F: 941.708.4024 See 771ingaDiffeemtly WEST PALM BEACH 515North FlaglerDr, Suite 15O0 West Palm Beach, Florida 83401 T501.O4O.O820 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 hied Real Estate Law 515 North Flagler Drive, Suite 1500 1 West Palm Beach, Florida 33401 i dcd o �111w-lawcomm 1561.640.0820 vQar d I aMet I io I iirr us cr,llrae 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 rets ived kF-.-ts cemmu-Ncall on in error, and that any 6srterriinatriir, r,stinbution, o copyring oftins ccmritnicaflir, i is ntdcily prohracte'. 3r` yetu €rava rete ve.f th:s exornrrurcoahan in error, leie abs notify the reader immediately by rem} email strict rte fete the message and all copies of ft. From: Simon, Michael rraailto:S!moni ' @bbfl.urI Sent: Tuesday, March 06, 2018 12:19 PM To: Tara Duhy <,L1u6ay "��1a:ltv corrl> 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 561-600-9091 1 1, 561-737 ,Jt -3258 _J SimonM@bbfl.us I http://www.catchboynton.com In America's Gateway to the Guffstream 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.qs> Cc: Ken Dodge <WodgeiyJIw ' J,q ' w.com> ........... 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.,iaTito-Sit n.onM(ti-i) 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> 561-600-9091 <tcl.: 1- 00-9 l> <image278475.png> 561-73 7-3258<fax:561-737-3258> <image981212.png> i or f fbb l.us-,-iiiaii : imoihiric bi.)llmizF,> <image 100270.png> _p: www.cqtchb0vIIton,com> <image515122.png><I�ttl)s,.:'/tw tter. oiTil N':itonb° .- c ]iCR > <image503714.png><� 1 /t/ w f eb c��r /t �� ./ � � Beaclz t i /l l "803436 > [http://wwl.boynton-beach.org/signature/cra.jpg]< tl:// �.l -o i.�,o > 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 [ iltoaciub��;rr ll ®l i s cotes] Sent: Monday, March 5, 2018 1:03 PM To: Simon, Michael <Simo rA4'ec loll, ,,`mzLiltc.: i iio (e� bIiI'I,_ »; Ken Dodge - tk � -�e( , 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: From: Thomas Carney <tfe('a. ca.riie,,,sl,,Tnt.on.coni---rriailto:tf('camevstariton.eom><mai , lto:tfc.f�(r canton.corn>> Date: March 5, 2018 at 12:53:18 PM EST To: Tara Duhy <tduh,, �aj lw-law.cf,)m<tyiailto-.tdii(,Pi,ll.w-law.(,,,om><niailto:tdLill�!((I, ll 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 [mqiIt(,') . 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 <tfc�°Lisa �-nLe�,,starit(.)n.com<mailto.tf(,,((icariie,),,st�:itit.on,com><,rrj..ail'to:c eN,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 Lewis, Longman & Walker, P.A. (561) 640-0820 On Feb 27, 2018, at 11:20 AM, Thomas Carney <tfc,a rri stzirttirr coo-rr niailto tip F(�::: ><rr1aito cYu cTrneYst nto room>> 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 [r�railt :tdutr��i 1w-1 . o ] Sent: Tuesday, February 27, 2018 11:00 AM To: Thomas Carney Cc: Ken Dodge; Simon, Michael; Steve Labov (Sh(r, rli velreadyi)r()rc ts.. <m l o-sl(�i 1 a cl we,.r(I\,IN �. is rrs><:m ilio r; t r hfi: l rr:l%rn 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 <ttc �a c mevstc, .t(.)n,c m -,,m �.ilto-.t `(,?,�r c iriieo st rit , z.><.: ailto:t1, I c, .: c ,t rrtorrxoni>> 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 Sent: Tuesday, February 27, 2018 10:50 AM To: Tara Duhy Cc: Ken Dodge; Simon, Michael; Steve Labov ' u !!Ci(,,)y reit �, �))r je is Its` i aat to. ti,s io v r.e. "" � I)roj (( tss. � >>"�Fm . t s 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 [Yriailtoduh (a ::1 -law.. I] Sent: Tuesday, February 27, 2018 10:26 AM To: Thomas Carney Cc: Ken Dodge; Simon, Michael; Steve Labov WI( � t It �� l�t�� tt� srs�ttltct �l'tt sliov l eady o 1 p 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 <LgcL c r �,v.pit())n. oT,t"iK�mailtol-tfc,'r,i,c � i :� iatoii. °om><r �a11t ,. ,((L; ,i t N � � oti orll><ia ilt `:tfc,;(i �. a ; . N.. .......... vstant .ttom>> wrote: Ken, Please let me know what time is good for you tomorrow to discuss further From: Thomas F. Carney, Jr. [rnail o fve iam yleg l I I; t :a 1] 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 lto,t �(,r amc: : s .t.nto .com> r - 11C;?1111111 •"j�� 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. ADDENDUM TO PURCHASE AND DEVELOPMENT AGREEMENT This ADDENDUM to Purchase and Development Agreement (hereinafter "Agreement") is made and entered into as of March , 2018, by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "Seller") and SHOVEL READY PROJECTS, LLC, successor in interest to LOCAL DEV CO, LLC, a Florida limited liability company (hereinafter "Purchaser, and together with the Seller, the "Parties"). WHEREAS, Seller and Purchaser entered into an Agreement with an effective date of September 29, 2015; and WHEREAS, Seller and Purchaser agree to modify Section 18.3, Development Timeline, of the Agreement to allow the Purchaser additional time to obtain a building permit; and WHEREAS, Seller and Purchaser agree to modify Section 19, Property Reverter Clause of the Agreement to add waiver language in the event Purchaser fails to meet the modified Development Timeline. NOW, THEREFORE, based on the mutual covenants contained herein, the parties agree as follows: PURCHASER shall obtain a building permit for the Property on or before May 14, 2018. 2. SELLER agrees to encourage the City to expedite PURCHASER'S building permit application as time is of the essence. In the event that PURCHASER fails to obtain a building permit on or before May 14, 2018, PURCHASER shall execute a deed of the Property back to the SELLER and SELLER shall reimburse PURCHASER $255,000.00, representing the purchase price of the Property. 4. PURCHASER shall waive its right to contest reversion of the Property if it does not obtain a building permit on or before May 14, 2018, and shall execute the deed as described above. To the extent that any of the terms or conditions contained in this ADDENDUM may contradict or conflict with any of the terms or conditions of the attached Agreement, it is expressly understood and agreed that the terms of this ADDENDUM shall take precedence and supersede the attached Agreement. 00959487-3 IN WITNESS WHEREOF. the Parties have executed this Addendum as of the date first set forth above. BUYER LOCAL DEV CO, LLC AND/OR ASSIGNS By: Print Name: Title:_ rN C, -N be, 0 - Date: 3 L50/ I & Witnesses: tN j -r %40 Approved as to form and legal sufficiency: CRA Attorney ONS9487 3 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: - Title: Date: Witnesses: Print Name: 1. Parties: This Commercial Lease Agreement ("Lease") is entered into between SHOVEL READY PROJECTS; LLC, a Florida limited liability company ("Lessor") and Osteria Salina II, LLC ("Lessee"). 2. Premises: Lessor, rents to Lessee, and Lessee rents from Lessor the structure and surrounding land situated at 2.11 East Ocean Avenue, Boynton Beach, Florida ("the premises"), of which Lessor is the owner, together with the following furnishings and appliances: [to be determined] subject to the terms and conditions in this Agreement. . 3. Term: The term of this Lease ("Term") and the rental associated with said agreement will begin on [a date which is sixty (60) days from the issuance of a Certificate of Occupancy ("Commencement Date") and end on [a date which is three years from the Commencement Date], unless sooner terminated as herein set forth or unless extended in accordance with the provisions hereof. 4. Definitions: Adjacent Facilities - all sidewalks, grounds, areas, vaults, chutes, sidewalk hoists, railings, gutters, water and sewer connections, streets, -alleys and curbs, parking areas, malls or passageways in front of, adjacent to or appurtenant to the Premises. Requirements - all present and future laws, statutes, rules, orders, ordinances, regulations or other requirements (including without limitation Environmental Laws) of any governmental, public or quasi -public authority now existing or hereafter created, and of any and all of their departments and bureaus, and of any applicable fire rating bureau or other body exercising similar functions, and all covenants or restrictions applicable to or affecting the Premises or any Adjacent Facilities. Prime - the interest rate. per annum announced from time to time by Chase Bank, (or any successor bank thereto) to be its base rate and may not necessarily be the most favorable rate charged by such Bank. The words "herein," "hereof," "hereunder and words of similar import refer to this Lease as a whole and not to any particular Section or Subsection thereof unless the context shall otherwise require. 1 5. Use: Lessee shall use and occupy the premise for the purpose of. operating a fine Italian eatery and Trattoria. Lessor and Lessee shall cooperate in the design and equipping the restaurant. Lessee shall have the right at its own expense to contest, by appropriate proceedings diligently conducted in good faith, any allegation by public authorities that Lessee, the Premises or any Improvements are in violation of any Requirements or any certificate of occupancy affecting the Premises, but only so long as: (a) Neither the Premises nor any part thereof would by reason of such contest be, in Lessor's sole judgment, in danger of being forfeited or lost; (b) Lessor shall not in its sole judgment be in danger of being subject to criminal liability.or penalty by reason of such contest; and (c) Lessee shall have indemnified and shall continue to indemnify Lessor with a surety bond, or other means satisfactory to Lessor in its sole discretion, in an amount sufficient to pay any fines, penalties or other charges that may or might be assessed against or become a charge on the Premises if such contest is unsuccessful. . Any such contest may be made in the name of Lessor or Lessee or both, as Lessee shall determine; and Lessor agrees to cooperate reasonably with Lessee in any such contest but without expense to Lessor. Lessee shall pay all costs and expenses (including, but not limited to, Lessor's attorneys' fees) incurred by Lessor in connection therewith. If Lessee upon the conclusion of any contests or proceedings shall fail to pay any fines, penalties or other charges thereby determined to be due, or if prior thereto Lessor, in the exercise of its sole judgment, shall determine that either condition (a) or (b) of this Section is no longer satisfied, Lessor may apply all or any part of any security provided under this Section to the payment, removal and discharge of such amounts and any costs, expenses (including, but not limited to, Lessor's attorneys' fees) and other liabilities accruing in such proceedings, and shall refund to Lessee the balance of any security not so applied, if any. Lessee shall promptly pay to Lessor any deficiency resulting from such application, with the amount of such deficiency to be due as Additional Rent due on the next rent day after any such deficiency is determined, with interest thereon at the rate of Prime plus three percent (3%) per annum from the date of such determination. Lessee shall not suffer or permit the Premises or any portion thereof to be used in any manner as might tend. to impair Lessor's title to the Building or Land or any portion thereof,or in such manner as might make possible a claim or claims of adverse usage or adverse possession or of implied dedication of the Building or Land or any portion thereof for public use. Notwithstanding the forgoing, Lessee shall not use the premises for the purposes of storing, manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device. 6. Net Rent — Rent Absolute Lessor and Lessee agree (a) that this is a triple net lease, (b) that Lessee accordingly shall be responsible for all obligations which are normally imposed on the owner of real estate with respect to the Premises which may accrue during the Term including, without limitation, responsibility for the payment of all real estate taxes, special assessments, insurance premiums and repair, replacement and maintenance costs and expenses in connection therewith (except as otherwise expressly set forth herein), and (c) that the Rent and all payments to be made to Lessor hereunder are to be net to Lessor, without deductions or offsets of any kind or nature whatsoever. In no event shall there be any abatement or reduction in the Rent except as may be otherwise specifically provided in this Lease. Except as otherwise specifically provided herein, damage to or destruction of any portion or all of the Building or other Improvements located upon the Premises, by fire, the elements or any other cause whatsoever, whether with or without fault on the part of Lessee, shall not terminate this Lease or entitle Lessee 'to surrender the Premises or entitle Lessee to any abatement of or reduction in the Rent payable, or otherwise affect the respective obligations of the parties hereto, any present or future law to the contrary notwithstanding. If the use of the Premises for any purpose should, at any time during the Term, be prohibited by law or ordinance or other governmental regulation, or prevented by injunction, or if there is any eviction by title paramount, this Lease shall not, except as otherwise specifically provided herein, be thereby terminated nor shall Lessee be entitled by reason thereof to surrender the Premises, or to any abatement or reduction in Rent, nor shall the respective obligations of the parties hereto be otherwise affected unless such eviction is due to the act of Lessor or any person or persons claiming any interest in the demised premises by or under Lessor. This Lease is made upon the foregoing and following covenants, agreements and conditions, all of which Lessee agrees to perform irrespective of whether the particular provision is in the form of a covenant, an agreement, a condition, a direction or any other form. 7. Payment of Rent: Lessee will pay to Lessor an annual fixed rental of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500.00) payable in equal installments in advance of the first day of each month, the first such payment on the Rent Commencement Date and subsequent monthly payments on the first (Ist) day of each succeeding month during the Term, except when that day falls on a weekend or a legal holiday, in which case rent is due on the next business day. Payment shall be made to the person and at the address the Lessor shall designate in writing. Rental is to be paid in cash, money order, cashier's check and/or certified check, or, at the option of the Lessor, in any other fashion. Commencing on the Commencement Date, Lessee also covenants and agrees to pay as "Additional Rent" prior to the respective due dates thereof all Impositions, as defined in the Section entitled Impositions contained herein, insurance premiums, charges, costs, expenses, and payments required to be paid by Lessee in accordance with any of the provisions of this Lease. 3 All amounts payable by Lessee under this Section shall collectively comprise the rent due and payable under this Lease ("Rent"). Late Charges: Any installment of Rent or any part thereof which is not made when due shall bear interest at the rate of Prime plus three percent (3%) per annum from the date when the same is due hereunder until the same shall be paid ("Late Charge"). In the event of non-payment of any Late Charge, Lessor shall have, in addition to all other rights and remedies, all rights and remedies provided for in this Lease and by law in the case of non-payment of Rent. No failure by Lessor to insist upon strict. performance by Lessee of its obligations to pay Late Charges shall constitute a waiver by Lessor of its rights to enforce the provisions of this Section in any instance thereafter, nor shall acceptance of Late Charges be deemed to extend the time for payment of Rent or any part thereof under this Lease. The provisions for Late Charges stated herein shall not limit or affect Lessor's other remedies against Lessee under this Lease or under law, including, but not limited to, Lessor's right to charge Lessee for all costs and expenses (including, but not limited to, Lessor's attorneys' fees) incurred in connection with the collection of Rent and Late Charges from Lessee. Prorated first month's rent: For the period from Lessee's move -in date or beginning date of this agreement, whichever is earlier, through the end of the month, Lessee will pay to Lessor a prorated monthly rent of [TO BE DETERMINED] Dollars ($ ). This amount will be paid on or before the date the Lessee moves in. Utilities: All applications and connections for necessary utility services on the demised premises shall be made in the name of Lessee only, and Lessee shall be solely liable for utility charges as they become due, including those for sewer, water, gas, electricity, and telephone services Security Deposit: Lessee will pay to Lessor the sum of $7,500.00 as security deposit for the performance of Lessee's obligations under this lease, including without limitation the surrender of possession of the premises to Lessor as herein provided. It is expressly understood that the Security Deposit shall not be considered an advance payment of rental or a measure of Lessor's damages in case of default by Lessee. Unless otherwise provided by mandatory non-waivable law or regulation, Lessor may commingle the Security Deposit with Lessor's other funds. Lessor may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of rent or to satisfy any other covenant, obligation or default of Lessee hereunder. Following any such application of the Security Deposit, Lessee shall pay to Lessor on demand the amount so applied in order to restore the Security Deposit to its original amount. If Lessor transfers Lessor's interest in the premises during the term of this Lease, Lessor may 9 assign the Security Deposit to the transferee and thereafter shall have no further liability for the return of such Security Deposit. 8. Impositions: Lessee covenants and agrees to pay, before any fine, penalty, interest or cost may be added thereto for non-payment thereof, all taxes, assessments, water and sewer rates and charges, excises, levies. license and permit fees, and other governmental charges, and charges for public and private utilities and services (and, in the event of any non-payment in violation of the foregoing covenants, all fines, penalties, interest and costs with respect to any of the foregoing), general and special, ordinary and extraordinary, foreseen and unforeseen, of any kind and nature that at any time during the Term may be assessed, levied, confirmed, imposed upon or grow or become due and payable out of or in respect of, or charged with respect to or become a lien on, the Land or the Building or the Premises or any Adjacent Facility or any personal property, equipment or other facility used in the.,operation of the Premises, or the rent or income received therefrom, or, any use or occupancy thereof, or this transaction, or the Rent or other sums payable hereunder (except as otherwise provided in this Section) or under any sublease or license or other similar agreement with respect to use or occupancy of any part of the Premises, or under any document to which Lessee is a party creating or transferring an interest or estate in the Premises (all of which items are herein called "Impositions"). Each Imposition shall be paid not later than the due date thereof, but if by law any Imposition may, at the option of the taxpayer, be paid in .installments, Lessee may pay such Imposition in installments as the same becomes due. Lessee shall not be required to pay any Imposition upon or against the Premises or any part thereof or the Improvements so long as Lessee shall, to the extent permitted by law, in good faith and with due diligence, contest the same or the validity thereof by appropriate legal proceedings which shall have the effect of preventing the collection of the Imposition so contested; provided that, pending any such legal proceedings Lessee shall give Lessor such security as may be demanded by Lessor in Lessor's reasonable discretion to insure payment of the amount of the Imposition, and all interest and penalties thereon. In the event that Lessee at any time institutes suit to recover any Imposition or charge paid by Lessee under protest in Lessor's name, Lessee shall have the right, at its sole expense, to institute and prosecute such suit or suits in Lessor's name,. in which event Lessee covenants and agrees to indemnify Lessor and save Lessor harmless from and against all costs, expenses (including, but not limited to, Lessor's attorneys' fees), charges or liabilities in connection with any such suit. Nothing herein contained shall require Lessee to pay any inheritance, estate, succession, transfer or gift taxes or state or federal income taxes of Lessor, except that if at any time during the Term the method of taxation then prevailing shall be altered so that any new tax, assessment, levy, imposition or charge or any part thereof shall be imposed upon Lessor in place of any Imposition as heretofore defined and shall be measured by or be based in whole or in part upon the Premises or the rents or other income therefrom, then all such new taxes, assessments, levies, impositions or charges or part thereof, to the extent that they are so measured or based, shall constitute Impositions for purposes hereof, and Lessee shall pay and discharge the same as herein provided with respect to Impositions. 5 Any Imposition that relates in part to a period extending beyond the Term (including any Imposition that has been converted into installment .payments as provided in this Section, as to which the period over which such installments are payable.shall be deemed to be the period to which such Imposition relates) shall be apportioned between Lessor and Lessee at the expiration of the Term, except that Lessee shall not be entitled to receive the funds representing such apportionment unless and until any then -existing .Defaults are cured. Without limiting the generality of the foregoing, .Lessee shall pay to Lessor prior to the expiration of the Term Lessee's estimated prorated share of any general real estate taxes becoming due and payable after the expiration of the Term, 'as estimated by Lessor based upon one hundred ten percent (110%) of the then most recent ascertainable tax bills. If required by Lessor's mortgagee, as security for the obligations contained in this Section, Lessee shall deposit monthly with Lessor, or such other entity as Lessor may designate, on the first day of each and every month of the Term, a sum equal to one -twelfth (1/12th) of (a) one hundred ten percent (110%) of the then' most recent ascertainable amount (or at Lessor's election, if Lessor's interest hereunder is subject to the lien of a mortgage or trust deed, a sum equal to one -twelfth (1/12th) of the mortgagee's estimate of the current amount) of general real estate taxes and annual installments of special. assessments levied with respect to the Premises, and (b) the Lessee's insurance premiums as required under the terms of the Section entitled Insurance of this Lease. Such monthly deposits shall be held by Lessor, or such other entity as Lessor may designate, in such account or accounts . as may be authorized by then current state or federal banking laws, rules or regulations and which monthly deposits shall be used as a fund to be applied, to the extent thereof, to the payment of such. general real estate taxes, special assessments and insurance premiums as the same become due and payable. The existence of such fund shall not limit or alter Lessee's obligation to pay the taxes, assessments or premiums respecting which the fund was created; provided, however, that such fund shall be fully utilized for the payment of such taxes, assessment or premiums. The amount of the fund shall be re- adjusted annually, on the first day of June in each year of the Term, to reflect the actual amount of such taxes, assessments or premiums for the prior calendar year. Lessee shall not be entitled to interest on such fund and Lessor may commingle such fund with its other funds. Lessee shall furnish to Lessor within ten (10) days after the due date of any Imposition payable by Lessee official receipts of the proper taxing authority or other proof satisfactory to Lessor evidencing payment thereof. The certificate, advice or bill indicating the non-payment of any Imposition, issued by the appropriate official designated by law to make or issue the same or to receive payment of such Imposition, shall be prima facie evidence that the Imposition is due and unpaid at the time .of issuance of such certificate, advice or bill. Lessor shall, at its option, have the right. at all times during the Term to pay any Impositions not paid by Lessee, and the amounts so paid, including expenses, shall be so much Additional Rent due at the next rent day after any such payment, with interest thereon at the rate of Prime, plus three percent (3%) per annum from the date of payment thereof. C. 9. Default: Each of the following shall be an "Event of Default": 1. If Lessee shall fail to pay rent when due, the Lessor, at his option, may terminate all rights of the Lessee herein after not.less than five (5) days written notice of such default given in a manner required by law unless Lessee rectifies or cures the default within the said time. 2. If Lessee shall fail to pay any other payment of money, costs or expenses to be paid by Lessee under this Lease, when due, and the continuance of such failure for a period of ten (10) days after written notice from Lessor specifying such failure; 3. In the event of a default made by Lessee in any of the other covenants or conditions to be kept, observed and performed. by Lessee, Lessee shall have thirty (30) days after receipt of written notice thereof to cure such default. In the event that the Lessee shall fail to cure any default within the time allowed under this paragraph, Lessor may declare the term of this Lease ended and terminated by giving Lessee written notice of such intention, and if possession of the premises is not surrendered, Lessor may reenter said premises. Lessor shall have; in addition to the remedy above provided, any other right or remedy available to Lessor on account of any Lessee default, either in law or equity. Lessor shall use reasonable efforts to mitigate its damages. 4. The filing or execution or occurrence of any of the following will be considered a Default on the part of Lessee: (a) A petition in bankruptcy by or against Lessee; (b) A petition 'against or answer by Lessee seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution or other relief of the same . or different kind under any provision of any bankruptcy laws; (c) Adjudication.of Lessee as.a bankrupt or insolvent; (d) An assignment by Lessee for the benefit of creditors; (e) A petition against or proceeding by Lessee for, or the appointment of, a trustee, receiver, guardian, conservator or liquidator of Lessee with respect to the Premises or with respect to all or substantially all of Lessee's property; or (f) A petition against or proceeding by or against Lessee for its dissolution or liquidation or the taking of possession of Lessee's property by any governmental authority in connection with dissolution or liquidation. Where in the case of a petition filed against Lessee under (a), (b), (e) or (f) above, such petition is not dismissed within ninety. (90) days after the filing thereof, 7 (g) Entry of an order, judgment or decree by any court of competent jurisdiction granting any prayer or demand contained in any petition under (a), (b), (e) or (f) above, which order, judgment or decree is not reversed or vacated within ninety (90) days after it is entered; (h) Vacation or abandonment of the Premises; or (i) . Taking by any person of Lessee's interest in this Lease upon execution, attachment or other process of law or equity. In the event of Default on the part of Lessee, Lessor, at its option, without further notice or demand to Lessee, may, in addition to all other rights and remedies provided in this Lease, at law or in equity: (a) terminate this Lease and Lessee's right of possession of the Premises, and recover all damages to which Lessor is entitled at law, specifically including, without limitation, the excess of the aggregate Fixed Rent . and Additional Rent that would have accrued for the balance of the Term over the then current fair market rental value of the Premises for the balance of the Term, together with all of Lessor's expenses of re-leasing (including repairs, alterations, improvements, additions, decorations, legal fees and brokerage commissions) or (b) terminate Lessee's right of possession of the Premises without terminating this Lease. In all events, Lessor may re -lease the Premises, or any part thereof for the account of Lessee, for such rent and term and upon such terms and conditions as are acceptable to Lessor. If Lessor shall have elected to pursue its right to terminate Lessee's right of possession of the Premises without terminating the Lease, then Lessor shall have the further right and remedy to subsequently rescind such election and terminate the Lease. For purposes of any such re-leasing, Lessor is authorized to decorate, repair, alter and improve the Premises to the extent deemed necessary by Lessor, in its reasonable discretion, all at Lessee's expense. If Lessor fails to re -lease the Premises, or if the Premises are re-leased and a sufficient sum is not realized therefrom after payment of all Lessor's expenses of re-leasing (including without limitation repairs, alterations, improvements, additions, decorations, legal fees and brokerage commissions) to satisfy the payment, when due, of Fixed Rent and Additional Rent. reserved under this Lease for any monthly period, then Lessee shall pay Lessor a sum equal to the amount of Fixed Rent and Additional Rent due under this Lease for each such monthly period, or if the Premises have been re-leased, Lessee shall pay any such deficiency on the rent day applicable to such month. Nothing in the foregoing sentence, however, shall be deemed to mean that Lessor can only collect damages from Lessee hereunder in monthly installments, it being expressly acknowledged by Lessee that Lessor shall always have the right to collect, in a lump sum, from Lessee, damages equal to the excess of the aggregate Fixed Rent and Additional Rent that would have accrued for the balance of the Term over the then current fair market rental value of the Premises for the balance of the Term. Lessee agrees that Lessor may file suit to recover any sums due to Lessor hereunder at any time or from time to time and that such suit or recovery of any amount due Lessor hereunder shall not be any defense to any subsequent action brought for any amount not theretofore reduced to judgment in favor of Lessor. In the event Lessor elects to terminate Lessee's right of possession only, without terminating this Lease, Lessor may, at Lessor's option, enter into the Premises, remove Lessee's signs, Lessee's property, and other evidences of .tenancy, and take and hold possession thereof, provided, however, that such entry and possession shall not terminate this Lease or release E:3 Lessee, in whole or in part, from Lessee's obligation to pay the Fixed Rent and Additional Rent reserved hereunder for the full Term or from any other obligation of Lessee under this Lease. Any and all property which may be removed from the Premises by the Lessor pursuant to the authority of the Lease or of law, to which the Lessee is or may be entitled, may be handled, removed or stored by the Lessor at the risk, cost and expense of the Lessee, and the Lessor, shall in no event be responsible for the value, preservation or safekeeping thereof. Lessee shall pay to the Lessor, ,upon demand, any and all reasonable expenses incurred in such removal and all storage charges against such property so long as the same shall be in the Lessor's possession or under.the Lessor's control. In the event Lessor exercises any remedy provided under this Section, all deposits theretofore made by Lessee with utility companies. or under this Lease, all unearned insurance premiums and all rights of Lessee under all insurance policies required under this Lease, any claims for refund of any Imposition, any pending insurance claims or condemnation awards, and all fuel and supplies on the Premises shall be deemed to be and are hereby assigned to and transferred to Lessor, to be applied in payment of Lessee's liability under this Lease. No waiver of any default of Lessee hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Lessor or Lessee shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 10. Option to Renew - Right of First Opportunity: Tenant shall, provided the Lease is in full force and effect and Tenant is not in default under any of the terms. and conditions of the Lease at the time of notification or commencement, have FOUR (4) options to extend this Lease for a term of THREE (3) years as of the date the extension term is to commence, on the same terms and conditions set forth in the Lease, except as modified by the terms, covenants and conditions as set forth below: a) If Tenant elects to exercise said option, then Tenant shall provide Landlord with written notice no earlier than the date which is SIX (6) months prior to the expiration of the term of the Lease but no later than the date which is THREE (3) months prior to the expiration of the term of the Lease. If Tenant fails to provide such notice, Tenant shall have no further or additional right to extend or renew the term of the Lease. b) The Annual Rent in effect at the expiration of the term of the Lease shall be adjusted to reflect the current fair market rental for comparable space in the Building and in other similar buildings in the same rental market in Boynton Beach, Florida as of the date the extension term is to commence, taking into.account the specific provisions of the Lease which will remain constant. Landlord shall advise Tenant of the new Annual Rent for the Premises no later than thirty (30) days after receipt of Tenant's written request therefore. Said request shall be made no earlier than thirty (3 0) days prior to the first date on which Tenant may exercise its option under this Paragraph. Said notification of the new Annual Rent may include a provision for its adjustment to provide. for a change in fair market rental between the time of notification 9 and the commencement of the extension term, together with periodic increases during the extension of the term of the Lease. Promptly following Landlord's receipt of an extension option notice, Landlord and Tenant shall commence negotiations concerning the fair market rental that shall be payable during each year of the extension term. The parties shall have thirty (30) days after Landlord's receipt of the extension option notice in which to agree on the fair market rental that shall be payable during each year of the extension term. The parties shall be obligated to conduct such negotiations in good faith. If the parties agree on the fair market rental payable during each year of the extension term, they shall promptly execute an amendment to the Lease stating the rent so agreed on. c) This option is not transferable; the parties hereto acknowledge and agree that they intend that the aforesaid option to extend this Lease shall be "personal" to Tenant as set forth above and that in no event will any assignee or sublessee have any rights to exercise the aforesaid option to extend. Tenant shall have no further right to extend the term of the Lease. 11. Lessor's Failure to Deliver Possession: If Lessor is unable to deliver possession of the premises to Lessee for any reason not within Lessor's control, including but not limited to partial or complete destruction of the premises, Lessee will have the right to terminate this Agreement upon proper notice as required by law. In such event, Lessor's liability to Lessee willbe limited to the return of all sums previously paid by Lessee to Lessor. Lessee agrees to hold Lessor and Lessor's agents harmless for loss or damage for any reason not within Lessor's control. In any case, Lessor's liability to Lessee will be limited to. the return of all sums previously paid by Lessee to Lessor. 12. Condemnation: If any legally, constituted authority condemns the premises or such part thereof which shall make the premises unsuitable for leasing, .this Lease shall cease when the public authority takes possession; and Lessor and Lessee shall account for rental as of that date. In such an event any award, compensation or damages paid as a consequence of any legal proceedings ("Award") shall be paid to and be the sole property of Lessor whether such Award shall be made as compensation for diminution of the value of the leasehold or the fee of the Building or Land or otherwise and Lessee hereby assigns to Lessor all of Lessee's right, title and interest in and to any such Award. 13. Eminent Domain: If the premises or any part thereof or any estate therein, or any other part of the building materially affecting Lessee's use of the premise, shall be taken by eminent domain, this lease shall terminate on the date when title vests pursuant to such taking. The rent shall be apportioned as of the termination date, and any rent paid for and period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the Award for such taking or any payment. in lieu thereof. 10 14. Assignment of Agreement and Subletting: Lessee shall have the right without Lessor's consent, to assign this Lease to a corporation with which Lessee may merge or consolidate, to any subsidiary of Lessee, to any corporation under common control with Lessee, or to a purchaser of substantially all of Lessee's assets provided that (a) the net worth of such assignee after such merger, reorganization or consolidation shall be no less than that of Lessee immediately prior to such merger, reorganization or consolidation, (b) Lessee is not at such time in Default hereunder, and (c) such successor .shall execute an instrument in writing fully assuming all of the obligations and liabilities imposed upon Lessee hereunder and deliver the same to Lessor; whereupon Lessee shall be discharged from any further liability hereunder. Except as set forth above, Lessee willnot sublet any part of the premises or assign this Agreement without the prior written consent of Lessor. Any such assignment or subletting without consent shall be void and, at the option of the Lessor, may terminate this lease. No assignment or transfer of this Lease by Lessee consented to by Lessor shall be effective, unless the assignee or transferee shall, at the time of such assignment or transfer, assume all the terms, covenants and conditions of this Lease thereafter to be performed by Lessee and shall agree. to be bound thereby. Notwithstanding such assignment or transfer or the acceptance by Lessor from such assignee of any rent or other monies or other performance of the obligations of Lessee hereunder, Lessee shall remain liable and obligated as a principal (and not as a surety or guarantor) to perform all the. terms, conditions and covenants, including the payment of rental and other monies, herein provided to be performed by Lessee. 15. Violation of Laws: Lessee, guests and invitees of either Lessee or guests will not use the premises in such a manner that violates any law, ordinance, statutes or requirement of any municipal, state or federal authority now in force, or which may hereafter be in force, pertaining to the premises, occasioned. by or affecting the use thereof by Lessee. Lessor shall comply with all laws, orders, ordinances, statutes or requirements now or hereafter affecting the premises. 16. Insurance: Lessee, at its sole cost and expense, shall maintain at .all times during the term of this Lease policies of insurance as follows: (a) Insurance against loss or damage to the Building and all other Improvements by fire and such other hazards as may be covered by the form of "all-risk" coverage then customarily in use, .in such amount as Lessor may determine to be sufficient to cover one hundred percent (100%) of the full replacement value from time to time of the Building and all other Improvements, the proceeds of which shall be payable to Lessor. 11 (b) Comprehensive general public liability insurance against claims for bodily injury, death, and property damage occurring in or about the Premises or Adjacent Facilities, to afford protection in such limits as shall be reasonably requested by Lessor from time to time, but in any event not less than ONE MILLION Dollars ($1,000,000.00) in respect to each person, in respect to any one occurrence causing injury or death, and not less than ONE MILLION Dollars ($1,000,000.00) in respect to property damage. (c) Contractual liability endorsement if available, insuring Lessee's contractual liability to indemnify Lessor and others as provided in the Section entitled Lessor's Additional Rights and Remedies. (d) Boiler and machinery insurance inclusive of coverage for all steam boilers, pressure vessels, and other such apparatus, including piping, with such limits as Lessor may require from time to time. (e) Worker's compensation and employer's liability insurance to the extent of the minimum required statutory limits. (f) Such other insurance, including business interruption insurance, in such amounts as may from time to time be reasonably required by Lessor against other insurable hazards that are at the time commonly insured against in the case of premises similarly situated. All policies of insurance shall be written by companies reasonably satisfactory to Lessor and any mortgagee of Lessor and licensed to do business in the State of Florida, and shall name as insured Lessor and such other persons or entities as Lessor may designate, as their interests may appear, and shall provide that losses shall be paid to such insureds as their interests may appear. At the request of Lessor, a mortgagee clause shall be included in such policies covering Lessor's mortgagee. The originals of such policies shall be delivered to Lessor, together with receipts or other evidence that the premiums thereon have been paid for at least one (1) year. Each policy of insurance shall bear.an endorsement that such policy shall not be cancelled or modified without at least thirty (30) days prior written notice to Lessor and mortgagee, if any. Certificates evidencing renewals of each policy of insurance shall be delivered to Lessor at least twenty (20) days prior to the expiration dates of the respective policies. Lessee shall perform and satisfy all requirements of the companies writing any insurance policies referred to in this Lease so that at all times companies of good standing satisfactory to Lessor shall be willing to write such insurance. Whenever (a) any loss, cost, damage or expense resulting from fire or other casualty or occurrence is incurred by either of the parties to this Lease, or anyone claiming by, through or under it, in connection with the Premises, and (b) such party is then covered in whole or in part by insurance with respect to such .loss, cost, damage or expense, then the party so insured hereby releases the other party from any liability it may have on account of such loss, cost, damage or expense to the .extent of any amount recovered by reason of such insurance and waives any right of subrogation which might otherwise exist in or accrue to any person on account thereof, provided that such release of liability and waiver of the right of subrogation shall not be 12 operative in any case when the effect thereof is to invalidate such insurance coverage or increase the cost thereof (provided that in the case of increased cost the other party shall have the right, within thirty (30) days following written notice, to pay such increased cost, thereupon keeping such release. and waiver in full force and effect). In case any action or proceeding shall be commenced against Lessor growing out of any loss, cost, damage or expense under this Section, Lessor may give written notice of the same to Lessee and thereafter Lessee shall assume and discharge all obligation to defend the same and save and keep Lessor harmless from all costs, expenses (including, but not limited to, Lessor's attorneys' fees); liabilities, judgments and executions in any manner growing out of, pertaining to or connected therewith. In case Lessee shall at any time fail, neglect or refuse to procure or renew any insurance hereinabove provided, then Lessor shall have the right, but not the obligation, to procure or renew such insurance and any amounts paid therefore by Lessor shall be so much Additional Rent due at the next rent day after any such payment, with interest thereon at the rate of Prime plus three percent (3%) per annum from the date of payment thereof. 17. Property Damage And Destruction: If the Premises or any part thereof are damaged or destroyed by any casualty or any other cause of any kind or nature, ordinary or extraordinary, foreseen or unforeseen, insured or uninsured, Lessee shall give Lessor immediate notice thereof, and Lessee shall promptly repair, restore or rehabilitate the Premises at Lessee's own expense, to an extent that, upon the completion of such repairs, restoration or rehabilitation, the value and rental value of the Building and other Improvements shall be substantially equal to the value and rental value of the Building and other Improvements immediately prior to the happening of such casualty; provided, however, that if Lessee has met its obligations to maintain. insurance as required herein and such insurance proceeds are made available by any mortgagee of Lessor for such repair, restoration or rehabilitation, then Lessor shall provide sueh funds for such repair, restoration or rehabilitation. Rent shall not abate during the period of such repair, restoration or rehabilitation regardless of whether the Improvements are unusable by Lessee because of such damage or destruction. If any excavation or other building operation shall be made upon the Premises or any adjoining property by Lessee; Lessee agrees to assume all obligations of both the owner and the occupant of the Premises with respect to shoring and lateral support and to do .all things necessary or desirable to preserve and protect the Premises', Lessee shall not sign any petition, consent or other instrument in writing whereby any party shall hereafter directly or indirectly acquire the right to use or occupy any portion of any street, driveway or alley that abuts the Premises, or the space above or under the surface thereof, without Lessor joining in such instrument or consenting in writing to the execution thereof, which consent may be withheld in Lessor's sole discretion. 18. Hazardous Material: 13 Lessee hereby indemnifies and holds Lessor 'and Lessor's officers, directors, shareholders, managers, members, agents and employees harmless from and against, and shall reimburse Lessor and Lessor's officers, directors, shareholders, managers, members, agents and employees for, any and all "Losses" (as hereinafter defined) arising from, out of or as a consequence, directly or indirectly, of the release or presence of any Hazardous Materials on the Premises which first occurs during the Term of this Lease, whether foreseeable or unforeseeable, and whether or not known to Lessee, it being understood and agreed that the foregoing indemnity includes, but is not limited to, all costs of removal, remediation of any kind, detoxification, clean up and disposal of such Hazardous Materials and the preparation of any closure or other required plans, all costs of determining whether the Premises is in compliance and causing the Premises to be in compliance with all applicable Environmental Laws, all costs and fees associated with claims for damages to persons, property, or natural resources, and Lessor's reasonable attorneys' fees and consultants' fees and court costs in respect thereto whether or not litigation or administrative proceedings shall occur, including all costs and expenses incurred or suffered by Lessor by reason of any violation of any applicable Environmental Law which occurs, or has occurred, upon the Premises during the Term of this Lease, or by reason of the imposition of any governmental lien for the recovery of environmental clean-up costs expended by reason of such violation, it being expressly understood and agreed that to the extent Lessor and Lessor's officers, directors, shareholders, managers, members, agents and employees, or any of them are strictly liable under any applicable statute or regulation pertaining to the protection of the environment, this indemnity shall likewise be without regard to fault on the part of Lessee with respect to the violation of law which results in such liability. "Losses" shall mean any and all loss, claim,_ liability, damages, injuries to person, property or natural resources, cost, expense, action or cause of action. Lessee hereby covenants and agrees that all obligations of Lessee under this Section shall survive any termination of the Lease, it being further understood and agreed that the rights of Lessor under this Section shall be in addition to any other rights and remedies under this Lease or at law or in equity. Any amount due to Lessor under this Section not paid by Lessee within ten (10) days after written demand therefor from Lessor shall bear interest at Prime plus three percent (33%) per annum. Lessee shall comply with all Environmental Laws throughout the Term 19. Alterations and Repairs by Lessee: Lessee shall not replace, alter or repair the Premises or any part thereof or any equipment or appurtenance thereto if the cost thereof exceeds _in the aggregate Fifty Thousand and No/100 Dollars ($50,000.00) (any such action being hereinafter referred to as a "Capital Improvement"), unless Lessee shall comply with the following requirements, which shall be applicable to all 19.1 Capital Improvements: 14 (a) Lessee shall, before the commencement of the work, obtain Lessor's prior consent to the proposed Capital Improvement and shall at least ten (10) days prior to the commencement of the work furnish the Lessor with the following: (1) Complete plans and specifications for the work prepared by a licensed architect approved by Lessor, which plans and specifications shall also meet with Lessor's approval, together with the approval thereof by any governmental board, bureau or body then exercising jurisdiction over the Premises, which plans and specifications shall be and become Lessor's sole and absolute property in the event that this Lease shall be terminated for any reason; (2) A fixed -sum contract in assignable form made with a reputable and responsible contractor satisfactory to Lessor, providing for the erection, completion and terms of payment for all work, labor and.materials necessary to perform the work within the fixed price provided for in such contract; . (3) An assignment to Lessor of such contract, duly executed and acknowledged by Lessee, to be effective upon any termination of this Lease or upon Lessor's re-entry upon the Premises following an Event of Default prior to complete performance of such contract, such assignment also .to include the benefits of all payments made on account of such contract, including payments made prior to the effective date of such assignment; and (4.) A surety company completion bond, in form and from an insurer satisfactory to Lessor, issued by an insurer licensed to do .business in the State in which the Premises are located, guaranteeing the full completion of the work and payment therefor within a reasonable time, free and clear of all mechanics' or similar liens, encumbrances, chattel mortgages, conditional bills of sale and other charges, in accordance with the plans and specifications approved by Lessor, or other security satisfactory to Lessor, in Lessor's sole discretion. (b) Lessee shall (1) at its expense carry or cause to be carried the necessary worker's compensation insurance and cause the insurance policies required under the Section entitled Insurance to be endorsed to cover the additional risk during the course of the work, and (2) procure. all necessary permits from..all governmental agencies and departments having jurisdiction in connection with such work. Lessee shall deliver evidence of compliance with the foregoing requirements to Lessor prior to the commencement of the work. Whenever requested by Lessor during the period of work, Lessee shall cause the architect in charge of the work (or if there is no architect in charge, the general contractor performing the work) to report in writing to Lessor as to whether the work is being done promptly and in a good and workmanlike manner, and in substantial compliance with the plans and specifications for the work. Lessee shall also deliver to Lessor copies of any and all interim or progress certificates or other reports submitted by Lessee's architect, engineer or contractor. (c) The Capital Improvements shall be made promptly, in a first-class and workmanlike manner, in compliance with all Requirements and shall not lessen the value of the Premises. 15 Title to any Building, Improvements, fixtures, (other than Trade Fixtures), additions, alterations, restorations, repairs and replacements constructed, made or installed by Lessee, whether or not resulting from any Capital Improvement and including, but not limited to, any repairs, restoration and other work required to be done pursuant to the provisions of other Sections of this Lease, shall be and become Lessor's sole property at the end of the Term without the necessity of Lessee's execution and delivery ofany instrument transferring title thereto. Notwithstanding the foregoing, .Lessee covenants and agrees upon Lessor's request to execute, acknowledge and deliver to Lessor any instrument reasonably requested by Lessor to confirm such title, and if Lessee shall fail or refuse to execute,. and deliver any such instrument, Lessor is hereby irrevocably appointed Lessee's attorney-in-fact to execute, acknowledge and deliver such instrument in Lessee's name. 20. Lessor's Right to Access: In the event of an emergency, to make repairs or improvements or to show the premises to prospective buyers or Lessees or for purposes of inspection to determine Lessee's compliance with this Lease or to conduct an annual inspection or to address a safety or maintenance problem, for .the purposes of inspecting the same, Lessor or Lessor's agents may enter the premises at reasonable hours, provided Lessor shall not .thereby unreasonably interfere with Lessee's business on the premises. Except in cases of emergency, Lessee's abandonment of the premises, court order or where it is impractical to do so, Lessor shall give Lessee twenty-four (24) hours' notice before entering. If Lessee shall at any time fail to make any payment or perform any act to be made or performed by Lessee under this Lease beyond any applicable notice and cure periods, Lessor may at its option (but shall not be required to) make any payment or perform any such act, and for such purpose. Lessor may enter upon the Premises and take all such action thereon .as may be necessary therefor and any amounts paid by Lessor in connection therewith shall be deemed Additional Rent due on the next rent day after such payment together with interest thereon at Prime plus three percent (3%) per annum from the; date of payment thereof 21. Lessee's Maintenance: Lessee shall, at its sole expense, keep the Premises in good repair and in a clean condition and fully .comply at all times with all Requirements and shall keep the Premises and Adjacent Facilities safe and secure and in full conformance with the Requirements, including, but not limited to, the lawful and valid requirements of any municipality in which such Premises may be situated and of all other public authorities, and shall make, at Lessee's own expense, all additions, improvements, alterations and repairs on the Premises and on and to the Improvements, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unseen, required by any lawful authorities or to keep the Premises in good repair or which may be made necessary by the act or neglect of any person or corporation (public. or private), including supporting the streets and alleys adjoining the Premises, and, to the fullest extent permitted by law, Lessee shall keep Lessor harmless and indemnified at all times against any loss, damage, cost or expense by reason of the failure so to do in any respect or by reason of 16 any accident, loss or damage resulting to persons or property from any use which may be made of such Premises or of any Improvements or by reason of or growing out of any act or thing done or omitted to be done upon such Premises or in any Improvements; and Lessee agrees that it shall save, hold and keep Lessor and the Premises free and clear of and from any and all claims, demands, penalties, liabilities, judgments, costs and expenses (including, but not limited to, attorneys' fees), arising out of any loss or damage which may be sustained by adjoining property or adjoining owners or other persons or property in connection with the remodeling, altering, erection, or repairing of the Improvements, except to the extent occasioned by the acts of Lessor, its agents, employees or contractors. Lessee shall not commit or suffer, and shall use all reasonable precautions to prevent, waste, damage or injury to all of the foregoing. Notwithstanding anything contained herein to the contrary, Lessor shall keep in good order and repair the roof, foundation and structural walls of the Premises and Lessee shall have no repair or maintenance obligations with respect to the foregoing except to the extent occasioned by the acts of Lessee, its agents, employees or contractors. Lessee shall also at its own cost and expense keep the Premises fully and adequately furnished and equipped throughout the Term with all . equipment, fixtures and articles of personal property necessary for the operation of the Premises for the purposes herein permitted, and shall make all necessary replacements, renewals, alterations and additions required to maintain all portions of the Premises in first-class rent able condition. Lessee shall also at its own cost and expense keep the Premises and (if not so maintained by any otherparty having legal responsibility for such) all Adjacent Facilities clean and reasonably free from dirt, snow, ice, rubbish, obstructions and encumbrances. Lessee shall also at its own cost and expense promptly comply (subject to its right to contest under the Section entitled Use) with any and all Requirements applicable to or affecting the Premises or the Improvements or any Adjacent Facilities, irrespective of the nature of the work required to be done, extraordinary as well as ordinary, whether or not the same involve or require any structural changes or additions in or to the Premises or the Improvements and irrespective of whether or not such changes or additions be required on account of any particular use to which the Premises or the Improvements or any part thereof may be put. Lessor shall not be required to furnish .any services or facilities whatsoever to the Premises. Lessee hereby assumes full and sole responsibility for the condition, operation, repair, alteration, improvement, replacement, maintenance and management of the Premises, except for the roof, foundation and structural walls of the Premises as aforesaid. Lessor shall not be responsible for any loss or damage to any property of Lessee. 21. Liens: Lessee shall not do any act which shall in any way encumber the title of Lessor in and to the Premises, nor shall Lessee create or permit to 'be created, and shall promptly discharge, any such lien (including, but not limited to, any mechanic's, contractor's, subcontractor's or material man's lien or any lien, encumbrance or .charge arising out of any Imposition, conditional sale, title retention agreement, chattel mortgage, security agreement, financing statement or. otherwise) 17 upon the Premises or any part thereof or the income therefrom or any personal property used in connection with the operation of the Premises, and Lessee shall not suffer any other matter or thing whereby the estate, rights and interest of Lessor in the Premises or any part thereof might be impaired. If Lessee shall fail to cause any such lien to be discharged of record, then Lessor, after five (5) days' notice of its intention to do so, shall have the right, but not the obligation, in addition to any other right or remedy, to discharge such lien either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or bonding proceedings, and in any such event Lessor shall be entitled if it so elects to compel the prosecution of an action for foreclosure of such lien by the lienor and to pay the amount of judgment in favor of the lien owner with interest; costs and allowances. Any amount so paid by Lessor and all costs and expenses (including reasonable attorneys' fees) incurred by Lessor in connection therewith shall constitute Additional Rent payable by Lessee under this Lease, due from Lessee to Lessor at the next rent day after any such payment, with interest thereon at Prime plus three percent (3%) per annum from the date of payment thereof. This Lease shall constitute notice'that Lessor shall not be liable for any work performed or to be performed, or any materials. furnished or to be furnished, at the Premises for Lessee upon credit, and that no mechanic's or.other lien for such work or materials shall attach to or affect the estate or interest of Lessor in and to the Premises, unless specifically ordered by Lessor in writing. Lessee shall have no power to do any act or make any contract that may create or be the foundation for any lien, mortgage or other encumbrance upon the estate of Lessor, or any other interest of Lessor in the Premises, the Building or the other Improvements or any part thereof. 22. Surrender of Possession: Lessee shall on the last day of the Term or upon any sooner termination thereof, whether by lapse of time or by reason of Lessee's Default or otherwise, surrender and deliver to Lessor the Premises and all Improvements in clean, wholesome, good and safe order and condition and in good repair, ordinary wear and tear excepted, and if Lessee shall thereafter remain in possession thereof, it shall be deemed guilty of forcible detainer of the Premises and shall be subject to all the conditions and provisions contained herein and to ejection and removal, forcibly and otherwise, with or without process of law. Upon the termination of this Lease by lapse of time, Lessee may remove furniture, trade fixtures and other personal property belonging to Lessee that are incident to the business of Lessee (as distinguished from personal.property used in the operation of the Premises); such furniture, trade fixtures andother personal property belonging to Lessee and incident to the business of Lessee are hereinafter referred to as "Trade Fixtures". Lessee shall repair any injury or damage to the Premises or the Improvements that may result from such removal. If Lessee does not remove such Trade Fixtures from the Premises prior to the end of the Term, however ended, Lessor may, at its option, remove the same and deliver the same to any other place of business of Lessee or warehouse the same, and Lessee shall .pay the cost of such removal (including the repair of any injury or damage to the Premises or the Improvements resulting from such removal), delivery W and warehousing to Lessor on demand, or Lessor may treat such Trade _Fixtures as having been conveyed to Lessor with this Lease as a bill of sale, without further payment or credit by Lessor or Lessee. Any holding over by Lessee of the Premises after the expiration of this Lease shall operate and be construed to be a tenancy from month to month only, at one hundred fifty percent (150%) of the monthly installments of Fixed Rent, plus Additional Rent and other sums otherwise payable hereunder for the Term. Nothing contained in this Section shall be construed to give Lessee the right to hold over after the expiration of this Lease, and Lessor may exercise any and all remedies at law or in equity to recover possession of the Premises and may seek damages in the event of such a hold over tenancy. 23. . Common Area Expenses: INTENTIONALL OMITTED 24. Signs: Unless expressly waived in writing, Lessor shall have the right, exercisable without notice, without any liability to Lessee for damage or injury to person, property or business, without being. deemed an eviction or disturbance in any manner of Lessee's use or possession of the Premises and without relieving Lessee from its Obligation to pay Rent when due or from any other obligation under this Lease, during the last three (3) months of the Term to install, affix and maintain "For Rent" or "For Sale" signs on the exterior of the Premises. 25. Subordination: This Lease shall be subject and subordinate at all times to the lien of all mortgages and trust deeds in any amount or amounts whatsoever now or hereafter placed on or against the Building or the Premises or on or. against Lessor's interest or estate therein, all without the necessity of having .further instruments executed on the part of Lessee to effectuate such subordination; provided that in the event of a foreclosure of any such mortgage or trust deed or any other action or proceeding for the enforcement thereof, or of any sale thereunder, this Lease will not be barred, terminated, cut off or foreclosed nor will the rights and possession of Lessee hereunder be disturbed if there shall exist no Event of Default with respect to the payment of Rent or any other Event of Default hereunder. Lessee shall attorn to the purchaser at any such foreclosure, sale or other action or proceeding or, if requested, enter into a new lease for the balance of the Term then remaining upon the same terms and provisions as are in this Lease contained. Lessee agrees to execute and deliver upon demand such further instruments evidencing such subordination of this Lease to the lien of any such mortgages or trust deeds as may be required by Lessor. Notwithstanding the foregoing,. Lessee shall from time to time on request from Lessor execute and deliver any documents or instruments that may be.required by any lender to effectuate such subordination. If Lessee fails to execute and deliver any documents or instruments, Lessee 19 irrevocably constitutes and appoints Lessor as Lessee's attorney in fact to execute and deliver such documents or instruments. 26. Agents and Authority to. Receive Legal Papers: Any notice, which either party may or is required to give, may be given by mailing the same, by certified mail, to Lessee at the premises. The Lessor, any person managing the premises and anyone designated by the Lessor as agent are authorized to accept service of process and receive other notices and demands, which may be delivered to: [ ] The Lessor, at the following address: SHOVEL READY PROJECTS, LLC, 900 EAST ATLANTIC AVENUE, SUITE 5, DELRAY BEACH, FL 33483 [ . ] The Lessee, at the following address: OSTERIA.SALINA II, 900 EAST ATLANTIC AVENUE, SUITE 5, DELRAY BEACH, FL 33483. 27. Brokerage Fees, Commissions: Lessee represents that Lessee was not shown the premises by any real estate broker or agent and that Lessee has not otherwise engaged in, any activity which could form the basis for a claim for real. estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. 28. Estoppel Certificate: At any time and from time to time but. on not less than ten (10) days prior written request by either party hereto, the other party shall execute, acknowledge and deliver to the requesting party, promptly upon request; a certificate certifying (a) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that this Lease is in full force and effect, as modified, and stating the date and nature of each modification), (b) the date, if any, to which Fixed. Rent and other sums payable hereunder have been paid, (c) that no notice has been received by such party of any Default which has not been cured, except as to Defaults specified in the certificate, and (d) such other matters as may be reasonably requested by the requesting party. Any such certificate may be relied upon by any prospective purchaser, mortgagee or beneficiary under any trust deed of the Premises or any part thereof and by any collateral assignee of this Lease. 29. Indemnification of Lessor: To the fullest extent permitted by Law, Lessee agrees to indemnify and save Lessor and its respective agents and employees harmless from and against all liabilities, claims, suits, fines, penalties, damages, losses, fees, costs and expenses (including, but not limited to, Lessor's attorneys' fees) that may be imposed upon, incurred by or asserted against Lessor by reason of: 91 (a) Any work or thing -to be done in, on or about the Premises or any part thereof other than Lessor's Work; (b) Any use, occupation, condition, operation of the Premises or any part thereof or of any Adjacent Facility or any occurrence on any of the same; (c) Any action or omission on the part of Lessee or any Sub Lessee or any of its or their agents, contractors, servants, employees, licensees or invitees; (d) Any accident, injury (including death) or damage, regardless of the cause thereof, to any person or property occurring in,. on or about the Premises or any part thereof or any Adjacent Facility; and/or .(e) Any failure on Lessee's part to perform or comply with any of the covenants, agreements, terms or conditions in this Lease or in any sublease, license, concession or other agreement entered into by Lessee. The provisions of this Section shall survive the expiration or earlier termination of this Lease. Lessee agrees to pay, and to indemnify Lessor against, all costs and expenses (including, but not limited to, Lessor's reasonable attorneys' fees) incurred by or imposed upon Lessor by or in connection with any litigation to which Lessor becomes or is made a party without fault in its part, whether commenced by or against Lessee, or that may be incurred by Lessor in enforcing any of the covenants and agreements . of this Lease (with or without the institution of any action or proceeding relating to the Premises or this Lease) or in obtaining possession of the Premises after an Event of Default or upon expiration or earlier termination of this Lease. Lessor may, but shall not be obligated to, cure any Default by Lessee hereunder. All sums expended and all costs and expenses (including, but not limited to, .reasonable attorneys' fees) incurred by Lessor pursuant to the provisions of this Lease or on account of any Default by Lessee under this Lease shall bear interest thereon from the respective dates when expended or incurred by Lessor at Prime plus three per cent (3%) per annum until repaid by Lessee to Lessor, and all such sums together with such interest shall become Additional Rent under this Lease, payable by Lessee to Lessor on the next rent date after such expenditure. All Rent and other amounts payable by Lessee under this Lease shall be and are hereby declared to be a valid and first lien upon Lessee's interest in the Premises and upon the rents, issues and profits in any manner arising or growing out of the same, and upon Lessee's interest in this Lease. In the event of any breach or threatened breach by Lessee of any of the covenants, agreements, terms or conditions contained in this Lease; Lessor shall be entitled to enjoin such breach or threatened breach and shall have the right to invoke any right and remedy allowed at law or in equity or by statute or otherwise as though re-entry, summary proceedings and other remedies were not provided for in this Lease. 21 No receipt of monies by Lessor from Lessee after termination of this Lease or after the giving of any notice of termination of this Leaseshall reinstate, continue or extend the Term or affect any notice theretofore given to Lessee, or operate as a waiver of Lessor's right to enforce the payment of Rent and any other payments or charges herein reserved and agreed to be paid by Lessee then or thereafter falling due, or operate as a waiver of Lessor's right to recover possession of the Premises, it being agreed that after the service of notice to terminate this Lease or the commencement of suit or summary proceedings, or after final order or judgment for the possession of the Premises, Lessor may demand, receive and collect any monies due or thereafter falling due without in any manner affecting such notice, proceeding, order, suit or judgment, all such monies collected being deemed payments on account of the use and occupation of the Premises or at Lessor's election on account of Lessee's liability hereunder. Lessor's granting of any consent under this Lease, or Lessor's failure to object to any action taken by Lessee without Lessor's consent required under this Lease, shall not be deemed a waiver by Lessor of its rights to require such consent for any further similar act by Lessee. No waiver by Lessor of any other breach of the covenants of this Lease shall be construed, taken or held to be a waiver of . any other breach or to be a waiver, acquiescence in or consent to any further or succeeding breach of the same covenant. None of Lessee's covenants under this Lease, and no breach thereof, shall be waived, altered or modified except by a written instrument executed by Lessor. No remedy conferred upon or reserved to Lessor under this Lease or under law shall be considered exclusive of any other remedy, but such remedies shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise, and every power and remedy given by this Lease to Lessor may be exercised from time to time and as often as occasion may arise or as may be deemed expedient, without precluding Lessor's simultaneous or later exercise of any or all other rights or remedies. No delay or omission of Lessor to exercise any right or power arising from any Default or Event of Default shall impair any such right to power or shall be construed to be a waiver of any such Default or Event of Default or acquiescence therein. 30. Peaceable Enjoyment: Lessor covenants that if and so long as Lessee shall faithfully perform the covenants and agreements of this Lease, Lessee shall and may (subject to the exceptions, reservations, terms and conditions. of this Lease) peaceably and quietly have, hold and enjoy the Premises for the Term free of any interference by Lessor or anyone claiming through or by Lessor except those to which this Lease is expressly made subject and subordinate. 31. Paragraph Headings: The headings of particular paragraphs and subparagraphs are inserted only for convenience and are not part of this Agreement and are not to act as a limitation on the scope of the particular paragraph to which the heading refers. 22 32. Court Costs and Attorneys Fees: In any action or legal proceeding to enforce any part of this Agreement, the prevailing party shall recover reasonable attorneys' fees and court costs. Lessee agrees that, in the event Lessee shall have any claim against Lessor under this Lease arising out of the subject matter of this Lease, Lessee's sole recourse shall be against Lessor's interest in the Premises, for the satisfaction of any claim, judgment or decree requiring the payment of money by Lessor as a result of a breach hereof or otherwise in connection with this Lease, and no other property or assets of Lessor, its successor or assigns, shall be subject to the levy, execution or other enforcement procedure for the satisfaction of any such claim, judgment, injunction or decree. 33. Prevailing Law: This Lease shall be construed and enforced in accordance with the laws of the State of Florida. 34. . Binding on Successors: All covenants, agreements, conditions and undertakings contained in this Lease shall extend and inure to and be binding upon Lessor's .successors and assigns and Lessee's permitted successors and assigns as if such successors and assigns were in each case specifically named, and shall be construed as covenants running with the land. Wherever reference is made in this Lease to either party, it shall beheld to include and apply to such successors and assigns. The provisions of this Section shall not be construed to grant or to confer any greater rights of assignment upon Lessee than are provided in the Section entitled Assignment of Agreement and Subletting. 35. Time is of the Essence: Time is of the essence with respect to every provision of this Lease. 36. Entire Agreement: This document and any Attachments constitutes the entire Agreement between the parties, and no promises or representations, other than those contained here and those implied by law, have been made by Lessor or Lessee. Any modifications to this Agreement must be in writing and signed by Lessor and Lessee. 37. Severability: The provisions of this Lease are severable and in the event any provision, clause, sentence, section or part thereof is held to be invalid, illegal, unconstitutional, inapplicable or unenforceable to any person or circumstances, such invalidity, illegality, unconstitutionality, inapplicability or unenforceability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, parts of the lease or their application to Tenant or other persons or circumstances. It is understood and agreed that the terms, conditions and covenants of this Lease 23 would have beer made by'both. parties if sucti invalid., ifflegal., unconstirutional, inapplicable or Unctiforceable prml,'ision, senfe-nce, Clause, section or part had not beentricluded therein, To the extent. that any portion of this agre . ement found to be invalid, illegal,unconstitutional. irtiapplicable or uncruorceaDle may be valid by strikin'o of'certain words or phyases, such words or phrases shall be deemed to be stricken and the remainder of the provisions and the remainder of the other portions of this Lease agreement shalt remain in full force and effect, int is further agree,, ihat this Lease inay be executed In cryuriter parls, each of �Oijch when considered toged-rer siiall consvtute the original comraci. SPIM' 1- READN'PROJECT-S, LLC - —j— Title 'Date11 Lessee RN, isit mi LU;Z) 7 Prni� name: Nt-o c Cc> Date 24 I CRA BOARD MEETING OF: April 10, 2018 OLD BUSINESS AGENDAITEM: 13.C. SUBJECT: Consideration of Boynton Village, LLC Compliance Audit SUMMARY: The CRA entered into a Direct Incentive Funding Agreement with Boynton Village, LLC in December 2006 with the First Amendment dated January 2008 and the Second Amendment dated October 2010. In June 2015 the developer made the first request for distribution that was denied due to non- compliance with the Agreement. The developer engaged a CPA, as required under the Agreement, and submitted a request for the 2015 tax year distribution. The first payment was made on March 14, 2016 in the amount of $45,759 after receiving CRA Board approval on March 8, 2016. On February 20, 2018 the developer submitted a request for payment with their Compliance Audit for 2016 and 2017. CRA Legal sent a letter to the developer denying their request for reimbursement for years prior to 2017 citing that pursuant to the DI FA, the required Audit and supporting documentation must be submitted annually in order to be considered by the Board for Reimbursement no later than April following the ad valorem tax year. CRA Staff reviewed the documents for 2017. After review and analysis, CRA staff does not agree with the payment request of $94,953. The documents attached provides the CRA's analysis of the developer's Performance Audit as well as documentation supporting the CRA's position. The primary reason for the CRA's position is the lack of documentation of eligibility for the affordable housing units. The developer did not provide sufficient proof of eligibility for the 23 housing units claimed in the Compliance Audit (only 5 were determined by the CRA to be eligible). The CRA agrees with the Compliance Audit's 114 "qualified renters" documentation. The revised payment to the developer based on the CRA's analysis is $45,806. FISCAL IMPACT: FY 2017-2018 Budget 02-58400-443 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Recommend approval of the request for payment to Boynton Village, LLC for $45,806. 2. Recommend to not approve the request for payment to Boynton Village, LLC for $45,806. 3. Recommend an alternative payment amount to Boynton Village, LLC for $45,806 upon further discussion. ATTACHMENTS: Description D Executed DIFAAgreement D Executed 1st Amendment to DI FA D Executed 2nd Amendment to DIFA D Compliance Audit 2016 and 2017 D 2017 CRAAnalysis of Compliance Audit D Incentive Calculation 2017 D Exhibit E Rentals D Exhibit E Units Sold D PB Property Appraiser Backup D Memo sent from Legal to Leon Wolfe D Memo from CRA Finance Director with results DIRECT INCENTIVE FUNDING AGREEMENT is Directincentive Funding Agreement (hereinafter "Agreement") is entered into as of the day of 12,rom6f4 2006, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, (hereinafter referred to as "CRA"), with a business address of 915 South Federal Highway, Boynton Beach, Florida 33435. And Boynton Village, LLC, (hereinafter referred to as "Developer"), with a business address of 2121 Ponce de Leon Boulevard, PH, Coral Gables, Florida 33134, and/or assigns. RECITALS: WHEREAS, as part of its strategy to encourage homeownership by families within certain income brackets, the CRA has instituted certain programs to provide incentive funding to developers, including the Direct Incentive Program for Workforce Housing adopted on August 8, 2006, for direct assistance offered by the developer to such qualifying homebuyers; and WHEREAS, at the September 12, 2006, meeting of the CRA Board, the CRA Board approved amending its Homebuyers Assistance Program and directed staff to begin negotiations with Developer to create between 25 and 50 affordable homeownership opportunities for a project known as The Preserve (hereinafter the "Project") (subsequently, Developer agreed to set aside 50 affordable units as set forth within this Agreement); and WHEREAS, Developer is hereby submitting to the CRA a proposal to offer to qualified homebuyers such assistance for the Project; and WHEREAS, the CRA intends to provide incentive funding to the Developer for such homeownership opportunities on the basis set forth herein; and WHEREAS, this Agreement is not intended to be a "Development Agreement" within the meaning of Florida Statutes, Section 163.3221. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct at the time of the execution of this Agreement and are incorporated herein. O ACORD003 - Boynton Beach CRA - Cornerstone DIFA — I0-27-06 Section 2. Definitions. As used in this Agreement, the following terms shall have the following meanings: "Affiliate" of a party means any corporation, partnership, limited liability company, trust or other entity controlling, controlled by, or under common control with such party (whether directly or indirectly through one or more intermediaries). For the purpose of this definition, "control" means the possession, directly or indirectly, of the power to direct or cause the direction of management and policies, whether through the ownership of voting interest or by contract or otherwise. "Affordable Access Unit" means the fifty (50) units committed to by Developer to qualify for the affordable access as described in this Agreement (also described as "Workforce Housing" within the CRA Guidelines). "Agreement" means this Direct Incentive Funding Agreement and all exhibits and attachments thereto, as any of the same may hereafter be amended from time to time, by mutual agreement of the parties. "Developer" means Boynton Village, LLC, and any assignee or transferee of Boynton Village, LLC, that is permitted under this Agreement, from and after the date of such permitted assignment or transfer. "City" means the City of Boynton Beach, Florida. "Pledged Project Increment Revenues" means the Project Increment Revenues received by the CRA which are pledged to the Developer as set forth within Section 6.1.C. of this Agreement. "Project" means The Preserve as described above in the second "Whereas" clause, and as further described in the Application defined above and in the site plan defined below. "Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Project, using $1,025,000 as the 2004 base year amount in calculating such increment revenues, so that increment revenues for the Project are equal to all amounts over the base year amount. "Property" means the real property described on Exhibit "A", attached hereto. "Redevelopment Area" means those areas within the limits of the City which have been declared blighted in accordance with the provisions of Florida Statutes, Chapter 163, Part III. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of incremental revenues attributable to the Redevelopment Area. OACORD003 - Boynton Beach CRA - Cornerstone DIFA—10-27-06 2 "Site Plan means that as approved by the City of Boynton Beach City Commission by motion and vote on April 5, 2005, a copy of which is to be attached hereto as Exhibit "B". "Substantial Completion" or "Substantially Complete" means the point at which the Palm Beach County Property Appraiser has placed the improvements on the Tax Roll. "Tax Collector" means the duly elected tax collector for Palm Beach County, Florida. "Tax Roll" means the real property ad valorem assessment roll maintained by the Palm Beach County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Section 3. Effective Date. This Agreement shall be effective on the date that the last party to sign executes this Agreement (hereinafter "Effective Date"). Section 4. Developer Obligations — Construction. Developer agrees to construct or cause to be constructed the Project as described in the Site Plan in order to receive the full Direct Incentive Funding as provided for in Section 6 hereof. The Site Plan may be modified from time to time in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach; provided, however, that Developer shall not have the right to substantially reduce the number of residential units, change the exterior appearance, including landscaping, the size or scope of the amenity areas, the number of parking spaces or to make any other change which would cause the Project to differ substantially from the approved Site Plan without the prior written approval of the CRA in order to receive the full Direct Incentive Funding as provided for in Section 6 hereof. "Substantially" as used in this Section means any change that would require a major Site Plan Modification. Developer and the CRA acknowledge, agree and understand that the Project is under construction as of the date of this Agreement. 4.1. Non -Discrimination. Developer agrees that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex or sexual orientation be excluded from the benefits of, or be subjected to discrimination under, any activity carried on by Developer, its contractors, sub -contractors, or agents, in the performance of this Agreement. Should such discrimination occur, the CRA will provide notice to Developer that it claims there has been a breach of this condition and thereafter, Developer shall have fifteen (15) business days to demand arbitration as to the claim of discrimination. The parties will then mutually agree in writing to an arbitrator and if they cannot agree, the rules of the American Arbitration Association will govern. The arbitration will be governed by the rules of the American Arbitration Association regardless of whether an arbitrator is agreed upon by the parties. This arbitration shall be independent of any other actions being taken by other governmental agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision, provided such finding is final and not appealable. If Developer does not demand arbitration within fifteen (15) business days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate this Agreement and pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non -prevailing party. Such non -prevailing party shall be determined by the arbitrator. OACORD003 - Boynton Beach CRA - Cornerstone DIFA—10-27-06 3 4.2. Convicted Vendor List. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, Developer certifies that it, and its affiliates, contractors, sub -contractors or agents who will perform hereunder, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the Effective Date. Section 5. Affordable Access Requirements. As a condition precedent to its receipt of any funds pursuant to this Agreement, Developer and its successors or assigns, shall implement an affordable access component to the Project as provided for in this Agreement, the CRA's Workforce Housing Direct Incentive Program Guidelines, and as set forth below ("Affordable Access Requirements"). Implementation and maintenance of the Affordable Access Program shall be as follows: 5.1. Affordable Access — Residential. 5.1.1. Developer agrees to set aside fifty (50) units designated as Affordable Access Units. 5.1.2. Developer agrees to reduce the price of the fifty (50) units designated as Affordable Access Units by Sixty Thousand and No/100 Dollars ($60,000.00) for the Cypress Model, Fifty Thousand and No/100 Dollars ($50,000.00) for the Palm Model, and Forty Thousand Dollars ($40,000.00) for the Banyan and Hibiscus Models (see attached Price List marked as Exhibit "C" which is attached hereto and made a part hereof) to buyers whose income does not exceed 120% of Median Household Income ("MHI") for Palm Beach County as set by the United States Housing and Urban Development ("HUD") for the year 2006. Proof of income qualification for the Affordable Access Units shall be provided to the CRA prior to any disbursement of Pledged Project Increments Revenue. Examples of acceptable forms of proof include HUD closing statements executed by the buyer and seller; copies of two years of tax returns; and/or paycheck stubs for all adults in the buyer's family for the two weeks prior to closing including proof of family size. 5.1.3. Qualifications .for buyers of the Affordable Access Units and related re- sale requirements and restrictions shall be found in Exhibit "D" attached hereto and made a part hereof (the CRA Homebuyer Assistance Program Guidelines 2006/2007). 5.1.4. The re -sale limitations and requirements set forth herein shall be included in the deeds of sale, to be executed by Developer as seller (or its successors or assigns) and the purchaser at the time of closing on the initial sale of the Affordable Access Units; shall constitute a covenant running with the unit; and shall be recorded in the Public Records of Palm Beach County, Florida. CRA shall approve the form of the deed prior to execution. 5.2. Performance Audit. Prior to receiving the annual allotment of Pledged Project Increments Revenue, Developer shall provide written audited verification, at its sole cost and expense, of substantial completion and of compliance with the requirement to sell 50 Affordable Access Units. OACORD003 - Boynton Beach CRA - Cornerstone DIFA—10-27-06 4 5.2.1. This performance audit shall be conducted by an independent Certified Public Accountant (CPA), selected and paid for by Developer with the approval of the CRA. 5.2.2. With respect to the Affordable Access Unit component of the Program, the CPA must examine the qualifying income data for every purchaser identified as a qualifying purchaser pursuant to the Affordable Access Unit requirements and must certify, in writing, the eligibility of all such qualifying Purchasers under the Program. The written opinion must include verification of the number of residential units which are owned by qualified purchasers. Developer must provide all necessary documents to conduct the audit including, but not limited to, the executed deeds and closing statements. 5.2.3. The examinations and opinions required under this Section must be conducted in accordance with generally accepted accounting standards established by the American Institute of Certified Public Accountants. 5.2.4. The audit required pursuant to this Section may be performed in conjunction with other auditing services. 5.2.5. Disbursement of the Pledged Project Increment Revenues shall only occur upon the CRA's acceptance of a properly documented and supported audit. Disbursement of Pledged Project Increments Revenue shall be conducted pursuant to the Direct Incentive Program for Workforce Housing Guidelines. An example of such funding disbursement is attached as Exhibit E. 5.2.6. It is acknowledged, understood and agreed that Developer may not be able to sell each Affordable Access Unit. In the event that not all Affordable Access Units are sold, then the funds Developer would otherwise be entitled to shall be reduced by an amount corresponding to the percentage as set forth in Section 6.1.A herein. See also Exhibit E as an example. 5.2.7. Exceeding the agreed upon requirements of the 50 Affordable Access Units shall not entitle Developer to additional funding under this Agreement or to a credit or set- off against any reduction in funds due to failure to meet the other Affordable Access Requirements in earlier years hereunder. Section 6. Direct Incentive Funding. The direct incentive funding provided for under this Agreement is granted to Developer for the purpose of offsetting, in part, Developer's cost of creating fifty (50) affordable residential units. 6.1. Direct Incentive Funding Formula and Term. The CRA hereby agrees to direct fund, that is, to pledge and assign to Developer for a period of ten (10) consecutive years, as provided herein and below, an annual amount which equals the Pledged Project Increment Revenues as set forth in subsection 6.1.C. herein less any amounts deducted pursuant to the terms of Section 5 above due to the failure of Developer to comply with the Affordable Access Requirements of this Agreement. OACORD003 - Boynton Beach CRA - Cornerstone DIFA— 10-27-06 5 A. The Pledged Project Increments Revenue shall be awarded pro rata based on the proportion of Affordable Access Units sold to eligible buyers. For example, if ten (10) percent of affordable access units are sold in the first year the Project Increment Revenues are available, Developer is entitled to 10% of the eligible Pledged Project Increments Revenue that year. If, the following year 100% of affordable access units are sold, Developer is entitled to 100% of the Pledged Project Increments Revenues that year and in continuing years until the ten-year period has terminated. See Exhibit E attached hereto and made a part hereof for the estimated Pledged Project Increments Revenue Calculation for this Project. B. Developer shall have the option to postpone the first Pledged Project Increments Revenue disbursement to the following year at Developer's option with written notification provided to the CRA in advance of the disbursement. C. For the first through fifth disbursements of the Pledged Project Increments Revenue, the Developer shall be entitled to 75% of the Project Increment Revenues. For the sixth through tenth disbursements, the Developer shall be entitled to 25% of the Project Increment Revenues. 6.2. Commencement and Conditions of Funding. The ten (10) year term for each Phase for the receipt of Pledged Project Increments Revenue shall commence in the year that the following conditions are met: A. The Project is Substantially Complete; B. The completed improvements of each Phase have been placed on the Tax Roll; C. The CRA has determined that Project complies with the commitments and with all of the terms and provisions of this Agreement; D. All requirements as set forth within this Agreement have been complied with by Developer; and E. The CRA has received Project Increment Revenues from such improvements. 6.3. Disbursement of Funds. Except as otherwise provided herein, the Pledged Project Increment Revenues shall be disbursed to Developer by April 1 of the year following the corresponding ad valorem tax year OACORD003 - Boynton Beach CRA - Cornerstone DIFA—10-27-06 6 6.4. No Pledge of Pledged Proiect Increment Revenues. The CRA warrants and represents that the Pledged Project Increment Revenues are not the subject of any prior pledge by the CRA and agrees that such revenues shall not be assigned, pledged, hypothecated or secured by the CRA for the period covered by term of this Agreement. 6.5. Subordination. Any Pledged Project Increment Revenue of the CRA pursuant to this Agreement is subordinate to the pledge of the tax increment revenue given to secure the CRA's Tax Increment Revenue Bonds pursuant to Resolution No. 04-04, adopted December 6, 2004, as amended and supplemented. Section 7. Events of Default, Remedies and Termination. 7.1. Default. Upon the occurrence of any one or more of the following events, all obligations of the CRA to disburse further funds under this Agreement shall terminate at the option of the CRA. Notwithstanding the preceding sentence, CRA may at its option continue to make payments or portions of payments after the occurrence of one or more of such events without waiving the right to exercise such remedies and without incurring liability for further payment. The CRA may at its option terminate this Agreement and any and all funding under this Agreement upon occurrence of any one or more of the following: 7.1.1. Any representation by Developer in or.in connection with this Agreement is inaccurate or incomplete or false in any material respect. 7.1.2. The failure of Developer or its Affiliate to observe or perform any of the terms, covenants, conditions, obligations, or provisions of this Agreement in any material respect to be observed or performed by Developer or such failure continues for a period of thirty (30) days after written notice thereof from the CRA to Developer provided, however, that if the nature of Developer's default is such that more than thirty (30) days are reasonably required for its cure, then Developer shall not be deemed to be in default if Developer commenced such cure within said 30 -day period and thereafter diligently pursues such cure to completion. 7.2. Remedies. Upon the occurrence of any one or more of the foregoing events, CRA may, at its option, give notice in writing to Developer to cure its failure of performance if such failure may be cured. Upon the failure of Developer to cure, CRA may exercise any one or more of the following remedies: 7.2.1. Terminate this Agreement upon not less than fifteen (15) days notice, by certified letter to Developer at the address specified in Section 8.5 of this Agreement, such notice to take effect when delivered to Developer. 7.2.2. Commence a legal action for the judicial enforcement of this Agreement and for any and all damages occasioned by Developer breach of this Agreement including, but not limited to, repayment of funds disbursed to Developer as a result of fraud or 'material misrepresentation. 7.2.3. Withhold the disbursement of any payment or any portion of a payment. OACORD003 - Boynton Beach CRA - Cornerstone DIFA—10-27-06 7 7.2.4. Take any other remedial actions that may otherwise be available under law. 7.3. Attorney's Fees and Costs. In any judicial action arising from this Agreement the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs, at both the trial and appellate levels, from the non -prevailing party. However, the CRA shall not be required to exceed its limits of liability as set forth in section 768.28, Florida Statutes. 7.4. Law and Remedy. This Agreement shall be governed by the laws of the State of Florida. Venue of any and all legal actions arising from this Agreement shall be in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder, shall preclude any other or filrther exercise thereof. 7.5. Strict Performance. No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amounts due under this Agreement during the continuance (or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement, term, or condition or of any other covenant, agreement, term, or condition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement and the restrictive covenants shall inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement and the restrictive covenants. 7.6. Remedies Under Bankruptcy and Insolvency Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. OACORD003 - Boynton Beach CRA - Cornerstone DIFA—10-27-06 8 7.7. Termination. The obligations of Developer and CRA shall terminate upon the expiration of the Project Increment Revenues payments to Developer as provided in Section 6 above as a result of the expiration of the agreed upon payment periods. Section 8. General Conditions. 8.1. CRA's Maintenance of Records and Annual Account Funding. Commencing with the Effective Date, the CRA shall maintain and administer separate financial records which reflect terms of this Agreement. Such records shall clearly document for the benefit of the CRA and Developer, the Base Year amount and the annual revenue collected by the CRA attributable to the Project and the annual amounts owing and paid under this Agreement. 8.2. Successors and Assigns. The CRA and Developer each binds itself and its successors, executors, administrators and assigns to the other party and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Prior to Substantial Completion of the Project, without the prior written consent of the CRA, Developer may transfer this Agreement to an Affiliate who reaffirms that Developer shall continue to be responsible for all the obligations of Developer under this Agreement in order to receive the full Pledged Project Increments Revenue as provided for in Section 6 hereof; provided, however, that prior to Substantial Completion of the Project, this Agreement may not be assigned by Developer to any third party without the prior written consent of the CRA and without the assignee's specific written assumption of all of the obligations of Developer under this Agreement. After Substantial Completion this Agreement may be assigned by Developer; provided, however, that any assignee thereto shall specifically assume all of the obligations of Developer under this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and Developer. In the event that the CRA determines that Developer is in violation of this paragraph, the CRA shall have the right to terminate this Agreement and to seek repayment of the funds paid by the CRA to Developer. 8.3. No Brokers. CRA and Developer each represents to the other that it has not dealt with any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. 8.4. Indemnification and Hold Harmless. Developer agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, employees and elected officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of every kind and character (sometimes collectively "Liability") against and from the CRA which arise out of this Agreement, except to the extent that any of the Liability results from the negligence or willful misconduct of the CRA. Developer recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this clause in accordance with the laws of the State of Florida. CRA's indemnification obligations shall not exceed the OACORD003 - Boynton Beach CRA - Cornerstone DIFA—10-27-06 9 statutory limits provided within Section 768.28 Florida Statutes, and CRA does not waive its sovereign immunity rights. This paragraph shall survive the termination of the Agreement. 8.5. Notices and other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand, request, consent, approval or other communication (referred to in this Section 9.4 as a "Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: If to Boynton Village: Boynton Village, LLC c/o Cornerstone Group Development, LLC Attention: Leon Wolfe 2121 Ponce de Leon Boulevard, PH Coral Gables, Florida 33134 With Copies to: Michael Weiner, Esq. Weiner & Aronson, P.A. 102 North Swinton Avenue Delray Beach, Florida 33444 If to CRA: Boynton Beach Community Redevelopment Agency Lisa Bright, Executive Director 915 South Federal Highway Boynton Beach, Florida 33435 With Copies to: Kenneth G. Spillias, Esq. Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 8.5.1. Any Notice may be given in a manner provided in this Agreement on either party's behalf by its attorneys designated by such party by Notice hereunder. 8.5.2. Every Notice shall be effective on the date actually received, as indicated on the receipt therefore, or on the date delivery thereof is refused by the intended recipient. 8.6. Time is of the essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 8.7. Entire Agreement. The CRA and Developer agree that this Agreement sets forth the entire agreement between the parties and that there are no promises or understandings other OACORD003 - Boynton Beach CRA - Cornerstone DIFA — 10-27-06 10 than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 8.8. Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. 8.9. 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. 8.10. Priority of Interpretation. In the event of any conflict between the terms and conditions of this Agreement and the Direct Incentive Program, the terms and conditions of this Agreement shall prevail. 8.11. Headings. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 8.12. Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. 8.13. Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and Developer (or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 8.14. Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. SIGNATURES ON FOLLOWING PAGE OACORD003 - Boynton Beach CRA - Cornerstone DIFA—10-27-06 11 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. WITNESSES BOYNTON, AA BY: I;, V k- ►/ r nant: LEON J. WOUL i Print name: r EM Issa Velez i BOYNTON B ACH COMMUNITY REDEVEL MENT AG CY By: Print name: 6NPeR Title: Chairperson Date: 1x//1/ -1O( OACORD003 - Boynton Beach CRA - Cornerstone DIFA — 10-27-06 12 STATE OF •• D• vity. SS: BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared LEON J. WOLFF as �'��.1�t�7�T- of pL�yl 177 44 & V t - - and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of ,//t/i-eV-J YZXJ-4ftt;.. for the use and purposes mentioned herein and that the instrument is the act and deed of lam- /she is personally known to me or has produced as identification. IN WITNESS OF THE FO RMOING, I have set County aforesaid on this ay of Leyani ontan 1W.,S Commission # DD312446 G. �*- Expires: Apr. 23,2W8 No P iA Bonded Thru Aileen# DwAiq Co. Ift My Co SS: COUNTY OF PALM BEACH: hand and official seal at in the State and . 2006. Z State of Florida at Large n Expires: 10 - BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared 4e,, As, -so - ! t1 m+o, as #D of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FORF OING, I have set my hand and official seal at in the State and County aforesaid on this 1 96�' day of e. u -J* Q r- , 2006. (SawwSUSAN E. HARRIS�� Notary Public, State of Florida wovolvdiONOWYNAt" My Comm. # DD 248894 Notary Public, State of Florida at Large Expires: September 23, 2007 My Commission Expires:q OACORD003 - Boynton Beach CRA - Cornerstone DIFA—10-27-06 13 Exhibit "A" Property Description That portion of Lots 20 through 26, inclusive, lying East of the West line of Section 15, Township 45 South, Range 43 East, Boynton Beach, Florida as shown on the Plat of SAM BROWN JR.'S HVPOLUXO SUBDIVISION, as recorded in Plat Book 1, Page 81, in and for the Public Records of Palm Beach County, Florida, less however the South 332 feet, of the West 165 feet, (as measured along the West and South lines) thereof. Together with the beneficial interest in that certain Ingress and. Egress Easement contained in Warranty Deed recorded in Official Records Book 3580, page 1323. Together with the beneficial interest in that certain Utilities Easement contained in Warranty Deed recorded in Official Records Book 3580, Page 1323, as modified by Relocation and Grant of Easement recorded in Official Records Book 6686, page 191. OACORD003 - Boynton Beach CRA - Cornerstone DIFA—10-27-06 14 Y. Exhibit "B" Site Plan w �I w� ,1..'�11..'!�GG iY`"+r Y7'i`"tMAi' l�°�.::iL�.,�Y-SIC+ 51 .�, ,Nu', MS"k MMf9PP Mix ?>Ate IKB b WeM�!aFM1: ?yAp;� IR"RiR.Nk v.Nlmfl.:t� R(�Mai +nn','iw� ..�'l +a ierAsYN 34 .az amw .�4�r vs�aSK'�Rw.5314,'�+'K'yw^1��er* e��a. t:eP.wta�9 acaYr��a.YM. OACORD003 - Boynton Beach CRA - Cornerstone DIFA — I0-27-06 15 Exhibit "C" Price List min Uanyan Hadl Uath I car gage 1071 sed ft. a/c aroa ♦ r plus I a icar!gvyve r Hibiscus 3 Bath 1 gar parage 1557 - fit_ Atc 4m PRIM Bed 3 Bath I car gwage, 1.601 - ft, 4/C arm PTicessubject to change without prior t tef i n 7n9)06 9 y From$299a990 From $1279,990 IM M OACORD003 - Boynton Beach CRA - Cornerstone DIFA-10-27-06 16 Exhibit "D" CRA Homebuyer Assistance Program Guidelines 17 k +a E� IMF 91 d s m XIIIN MO r ... a & 4 a. - I- Fundin is on a fi --omtA. "f-appmTod . 2. Applfiawts quefillmdon criterisofOown '.max: Assiaumcfe o.. :f mquaMcstion..oonducW by CommunityCWs w =_' a 9 or Housing 4 exteM $2$(i462 :,yc an IXSw Ike valtw OMO City0tRAlat awartW to Ow PCIMan-ent wimpp IR IN, I Wil OACORD003 - Boynton Beach CRA - Cornerstone DIFA—10-27-06 17 S. Use of Funds, a. Chavm pwymcnt and clastics sem. Ft lid canaua:f to end Riva .twtsnc vqs 1Ca c,exda�; FasuMaks with dicp cndamnut, arttl ar etaai wiU r±eocive prefIsNtmov. 7. Parmunt wwe ; wv htia, tl City of"fin B -will reocive l . Applii taa: lad in the - nl r "(adueakwA. PrAJ aa. 15xcB is and :skilled ba"i;ilfitng r>rtcIav) will taceiwex . lv. Tacoma ftam all ad:arkat mmubwrs ofthe 6nusetwoUt will'be, included in the csxax pUMtiA3n'Df SnWM lacx"no vW tCvitiy and CRA $ xhan naart CX000d, 40% fix' m l ru to isu+cxi — buy-- fer low mccarw buy*m of flao puralmse p*4c*- The Aictual offneunt 4xf" fisodims stw"od. (tall dkwend upon this lm.. aahaaall C`fCd4, AAndirxpl be awardadobove thetial , u>naa�isarit or il3{i ilClgO.00 14.x ildb eairt rel t obringing cade -my be laefudedup W iFaol000d MomlervAe tnxmmc Household. $60.000 punchdoe *iod r FURMc tiltft 0W.Ing Costa 5.C1G i Ntawlatum"i Ort 3213.7 l �dyrat aC�i�ty`e Ma.:XIS SFU DOW" :laarynteznt $ 50,000 Funding 43arla. $ 21„110 pertmmt all if`ohlic Subsidy 2 ;ply Pueallasto;i�dcaC OfIRO xC S t ;0M )16' an-IM.Um MOW48rOM Drax S -i ;," Gap s A4S paovamt Ormablic Subadd-V 4 $I- Propoamod housimgvueludbAgPropn g-, ii lire . 'UNWwaftoo td bmMMO ta>e+c IN;f" wall not 333% or 874 '0 jjpoWvvjWW iadc'MM'& Ohm primairy lender 'Me MUMinW.Aft 40tal 401W reatie(IOMI ... h t hilus atbor moosIbly 4hOX trka3i, ri It shoU not, each ,k.' of lie OACORD003 - Boynton Beach CRA - Cornerstone DIFA—10-27-06 18 Rcstitty11e #1 rot4mfermte linav "a 56DAM Unwa Ma ntmy lacrune g 5,Ibtb:1 40t S SW um Hxpgmsc RAWID tart to vxommd35%) 27 OVIMAU Tit statix, 35 Tjaw Insiumne $40,2100 Citesc1t AlY rWKvgnr,- S 3, is b4atlt iP"ecY--t: gAarat. tsrrexc997 43thmcr Debt 3CK) "Onsime FAPCMW Ratio 29% 'Deft Rm"O 1.2 A,lrpii c"fio Outit be tiarst timem homebayam with no pswvAuum1 hila witltk tha past uhrac :fie at6t1m time a f nppliull*at. Met kinvir,houto bwYer stun a1aall tm dMiOnnfned by %i*Wf thrOM COSIM Untie WM 'IFS tn, . 19*Im t be in the form "4m gee belkindthm #rates torr trSt`.CW am-mam-msed tom. ftxrmds graft bein etre focas at[:a tbkkd naurlsaw boWed t 47W of Wromm "a driounibranva. ReWayment of the, ,staid net be r sgoarad if rhes boom in reseld to aft inoattis qualMadbmyvr. ' qualiftatiam of lize nerwhimyow shmill be cartrfied by OAP City of Mrsaam Heach Cuumatimity Jnmwmmrn=vK:CHvlOJOa wlmd tiWtA�twttt,titoa9, to SRA pAeircxr Ao. tt:iles tra ,e aluniafl+ntt> b+tr witi o ttUmi st;?.iAa"k sxalaa ft a mwA=t in, 1, at mitne otc:loasr . 13., uessimmaina +af wits stmt imrapayummt ai•CRA, foods withi :ua� qt + .isnttrwtt,. tk+editse thA�r pctje rrmay' paGrrxt�ttta�til in aFpt¢+�ii€i ^i h priar writim approval Oat, City tisk CSLA. I Farnilke who mWivo CM.& ftomebuyerr, ,mss ' t Y M& ivaidemwo; for tbC deem na"'tire iOimt mortmemv. t)*iito a nu,,mis t and t�or f oc by the: G'Ibi,'.i. .. cll-A fund*, ntt.: tends phis inamma mt.+t% annum ftwo the tiffs at Pune° W6,611 bft=UUW due And y*bk itr i�t' L th t, rbOWIVO WMUUMCC Bbftlt . aWl proafat rvsbdk%*cy to ahAe City -and fastA lArnls a lly bW t*mv amutrvurunryof the c lcmtng dm*. 72m acoiVted liwot ol7pronir to ^ itM#y bM showing ." Ilia- pxcwmm vecipimilm natumme end- oddram. Faiture to vaumply will rasub. in the ClkA Hinds bacnmims. duo and Paymbim 1. a. LVOM mda el dw Prueyyr„,��t - � tt` um am A t I a the uUmit E ' ttti of *00 equity (datermined `"'* fair zmailtma a , ) to the Citi"j!^' iti:nd CRA . Aai the ammaxami offending stn each catity. Duusing ycom 6-'2411 , SO% of Cho 9{Ss4uil ' dad iliming yAtaty:zI-",, l5".4o the,equAy is doe to the City mtmt,CMA up*mmileoftttm,- Arty , zy - OACORD003 - Boynton Beach CRA - Cornerstone DIFA—10-27-06 19 10 err- W a z f e' t- if OACORD003 - Boynton Beach CRA - Cornerstone DIFA—10-2?-06 20 1d err- W a z f e' t- if OACORD003 - Boynton Beach CRA - Cornerstone DIFA—10-2?-06 20 Exhibit "E" Pledged Project Increments Revenue Formula Examples # of Affordable I # of Affordable Access 52% Access Units Sold % of Eligible TIF Units Sold % of Eligible TIF 1 2% 26 52% 2 4% 27 54% 3 6% 28 56% 4 8% 29 58% 5 10% 30 60% 6 12% 31 62% 7 14% 32 64% 8 16% 33 66% 9 18% 34 68% 10 20% 35 70% 11 22% 36 72% 12 0.24 37 74% 13 26% 38 76% 14 28% 39 78% 15 30% 40 80% 16 32% 41 82% 17 34% 42 84% 18 36% 43 86% 19 38% 44 88% 20 40% 45 90% 21 42% 46 92% 22 44% 47 94% 23 46% 48 96% 24 48% 49 98% 25 50% 50 100% OXORD003 - Boynton Beach CRA - Cornerstone DIFA—10-27-06 21 FIRST AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT DATED DECEMBER 19, 2006 Between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY And BOYNTON VILLAGE, LLC WHEREAS, on December 19, 2006 the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("BBCRA") and BOYNTON VILLAGE, LLC entered into a Direct Incentive Funding Agreement (the "Agreement") relative to the Project known as the "Preserve"; WHEREAS, the Agreement provided that the Developer was to set aside fifty (50) units designed to be affordable access units; WHEREAS, the Developer has requested that the eligibility requirements for potential buyers be modified to increase the eligibility threshold from 120% of Median Household Income as set by the United States Housing and Urban Development (HUD) in the year for which the units are sold; NOW THEREFORE, in consideration of the mutual covenants set forth herein and other lawful consideration, the Agreement is amended as follows: Section 5.1.2 is amended to read as follows: 5.1.2. Developer agrees to reduce the price of the fifty (50) units designated as Affordable Access Units by Sixty Thousand and No/100 Dollars ($60,000.00) for the Cypress Model, Fifty Thousand and No/100 Dollars ($50,000.00) for the Palm Model, and Forty Thousand Dollars ($40,000.00) for the Banyan and Hibiscus Models (see attached Price List marked as Exhibit "C" which is attached hereto and made a part hereof) to buyers whose income does not exceed 1201,'s 140% of Median Household Income ("MHI") for Palm Beach County as set by the United States Housing and Urban Development ("HUD") for the year in which the units are sold. Proof of income qualification for the Affordable Access Units shall be provided to the CRA prior to any disbursement of Pledged Project Increment Revenue. Examples of acceptable forms of proof include HUD closing statements executed by the buyer and seller; copies of two years of tax returns; and/or paycheck stubs for all adults in the buyer's family for the two weeks prior to closing including proof of family size. Section 5.1.3 is amended to read as follows: 5.1.3. Qualifications for buyers of the Affordable Access Units and related re -sale requirements and restrictions shall be found in Exhibit "D" attached hereto and made a part hereof (the CRA Homebuyer Assistance Program Guidelines TADE'VELOPMEYRThe Preserve - ComerstoneTreserve DII`AIDIFA Revised Amendment (2).doc 200612007). However, for purposes of this Agreement, Median Household_ Income_ for the Homebuyer Assistance Program shall not exceed 140%. Section 8.5 is amended to read as follows: 8.5. Notices and other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand, request, consent, approval or other communication (referred to in this Section 9.4 as a "Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: If to Boynton Village: With Copies to: Boynton Village, LLC c/o Cornerstone Group Development, LLC Attention: Leon Wolfe 2121 Ponce de Leon Boulevard, PH Coral Gables, Florida 33134 Michael Weiner, Esq. Weiner & Aronson, P.A. 102 North Swinton Avenue Delray Beach, Florida 33444 If to CRA: Boynton Beach Community Redevelopment Agency Lisa Bright, Executive Director 915 South Federal Highway Boynton Beach, Florida 33435 With Copies to: Donald J. Doody, Esq. Goren, Cherof, Doody & Ezrol 3099 E. Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. SIGNA'T'URES ON FOLLOWING PAGE 1':1DEVELQPMEN31The Preserve - Cornerstone\Preserve DIFAIDIFA Revised Amendment (2),doc 2 WITNESSES �NLaA-klt6 By: `- Print rint name:;_jj Title: #`, Date: Print name:r, woz N2, Print name: &je, 4A knop, z LLC BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print name: .' 2 W44 Title::, Clarperson Date: Print name: T:\DEVELOPMENMhe Preserve - CornerstoneTreserve D1FA\DIFA Revised Amendment (2).dcc STA'T'E OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to take acknowledgments, , ersonally al°ed ' I� of admi isteoaths and as and acknowledged under oath that lie/she has exec d the foregoi I Agreement as the proper official of t� ; - �r� `a tete, 'tfor the use and purposes mentioned herein and that the instru gent is the act a d deed of . He/she is personally known to me or has produced as identification. IN WITNVaf E FOREGOING, I have my hand and official seal at in the State and Couna;d on thisl d of � 0(l . Leyani Roman .+a��Y Notary P ic, State of Florida at Large =� . Commission # DD312446 Expires: Apr. 23, 20118 ;L My Commission Expires: ��ar�„4„�� „6,_.. Bonded Tient ndin8 Co, Inc, STATE OF FLORIDA SS; COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared jel P i �/ 7 —q),,, le, as ! k ,I /,-) /1' 1of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. _He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have se my hand and official seal at in the State and County aforesaid on this // day ofd , 2008. Notar Public, State o Ioiida at Large My Commission Expires; '0Illy. ,b MYCOMMON i DD 66211B EXPIRES; A0121, 22011 '�'e� �og`4 Bo�u)ed 7tyr� Bndgat Maury Sen icas T:\DEVELOPMEYRThe Preserve - CornerstoneTreserve DIFA1DIFA Revised Amendment (2).doc 4 SECOND AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT DATED DECEMBER 19, 2006 Between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY And BOYNTON VILLAGE, LLC WHEREAS, on December 19, 2006 the BOYNTON BEAC14 COMMUNITY REDEVELOPMENT AGENCY ("BBCRA") and BOYNTON VILLAGE, LLC entered into a Direct Incentive Funding Agreement (the "Agreement") relative to the Project known as the "Preserve"; and WHEREAS, the Agreement provided that the Developer was to set aside fifty (50) units designed to be affordable access units; and WHEREAS, on January 8, 2008 the parties entered into a First Amendment to Direct Incentive Funding Agreement which increased the eligibility threshold from 120% to 140% of Median Household Income as set by the United States Housing and Urban Development (HUD) for the year 2006; and WHEREAS, the present economy has caused significantly reduced demand for the purchase of units in the Project; and WHEREAS, the Developer has requested that the eligibility requirements for potential buyers be modified to include rental opportunities; and WHEREAS, the GRA intends to continue to provide incentive funding to the Developer for homeownership opportunities and to provide incentive funding for rental opportunities on the basis set forth herein. NOW THEREFORE, in consideration of the mutual covenants set forth herein and other lawful consideration, the Agreement is amended as follows: Section 2 is amended to insert the following paragraph after the paragraph entitled "Affordable Access Unit" and shall read as follows: "Affordable Access Mental Units" means not less than 100 units committed by the Developer (or its assigns) as affordable rental housing which shall be rented to individuals and families earning 60% or less of Median Household Income for Palm Beach County as set by the United States Housing and Urban Development ("HUD"). Section 5. 1.1 is amended to read as follows: 5.1.1. Developer agrees to set aside fifty (50) units designated as Affordable Access Units and at least 100 units as Affordable Access Rental Units. TADEVELOPMENTMe Preserve - CornerstoneTreserve DIFA\DIFA Second Amendment - 2010 (3).doc Section 5.1.2 is amended to read as follows: 5.1.2. Developer agrees to reduce the price of the fifty (50) units designated as Affordable Access Units by Sixty Thousand and No/100 Dollars ($60,000.00) for the Cypress Model, Fifty Thousand and NO 00 Dollars ($50,000.00) for the Palm Model, and Forty Thousand Dollars ($40,000.00) for the Banyan and Hibiscus Models (see attached Price List marked as Exhibit "C" which is attached hereto and made a part hereof) to buyers whose income does not exceed 140% of Median Household Income ("MHI") for Palm Beach County as set by the United States Housing and Urban Development ("HUD") for the year 2006. Developer also agrees to rent not less than 100 units at the rental rates outline on Exhibit G1 (as may be increased from time to time by HUD). Proof of income qualification for the Affordable Access Units and Affordable Access Rental Units shall be provided to the CRA prior to any disbursement of Pledged Project Increment Revenue. Examples of acceptable forms of proof include HUD closing statements executed by the buyer and seller; copies of two years of tax returns, and/or paycheck stubs for all adults in the buyer's family for the two weeks prior to closing including proof of family size. Section 5.2.2 is amended to read as follows: 5.2.2. With respect to the Affordable Access Unit component of the Program, the CPA must examine the qualifying income data for every purchaser identified as a qualifying purchaser pursuant to the Affordable Access Unit requirements and must certify, in writing, the eligibility of all such qualifying Purchasers under the Program. The written opinion must include verification of the number of residential units which are owned by qualified purchasers. Developer must provide all necessary documents to conduct the audit including, but not limited to, the executed deeds and closing statements. If requested, Developer shall also provide such information as may be requested regarding the Affordable Access Rental Units. Section 5.2.7 is amended to read as follows: 5.2.7. Exceeding the agreed upon requirements of the 50 Affordable Access Units or 100 Affordable Access Rental Units shall not entitle Developer to additional funding under this Agreement or to a credit or set-off against any reduction in funds due to failure to meet the other Affordable Access Requirements in earlier years hereunder. Section 6 is amended to read as follows: Section 6. Direct Incentive Funding. The direct incentive funding provided for under this Agreement is granted to Developer for the purpose of offsetting, in part, Developer's cost of creating one hundred fifty (150) affordable residential units. Section 6.1 is amended to read as follows: 6.1. Direct Incentive Funding Formula and. Term. The CRA hereby agrees to direct fund, that is, to pledge and assign to Developer for a period of ten T:IDEVELOPMENTIThe Preserve - Cornerstone` Preserve DIFAUFA second Amendment - 2010 (3).doe 2 (10) consecutive years, as provided herein and below, an annual amount which equals the Pledged Project Increment Revenues as set forth in subsection 6.1.C. herein less any amounts deducted pursuant to the terms of Section 5 above due to the failure of Developer to comply with the Affordable Access Requirements of this Agreement. A. The Pledged Project Increments Revenue shall be awarded pro rata based on the proportion of Affordable Access Units sold to eligible buyers and Affordable Access Rental Units rented to eligible tenants. For example, if ten (10) percent of Affordable Access Units are sold and/or rented in the first year which the Developer elects to receive the Project Increment Revenues, Developer (or its assigns) is entitled to 10% of the eligible Pledged Project Increments Revenue that year. If, the following year 100% of Affordable Access Units are sold and/or rented, Developer (or its assigns) is entitled to 100% of the Pledged Project Increments Revenues that year and in continuing years until the ten-year period has terminated. See Exhibit E attached hereto and made a part hereof for the estimated Pledged Project Increments Revenue Calculation for this Project. B. Developer shall have the option to postpone the first Pledged Project Increments Revenue disbursement to the following year at Developer's option with written notification provided to the CRA in advance of the disbursement. C. For the first through fifth disbursements of the Pledged Project Increments Revenue, the Developer shall be entitled to 75% of the Project Increment Revenues. For the sixth through tenth disbursements, the Developer shall be entitled to 25% of the Project Increment Revenues. Section 6.2 is amended to read as follows: 6.2. Commencement and Conditions of Funding. The ten (10) year term for each Phase for the receipt of Pledged Project Increments Revenue shall commence in the year that the following conditions are met: A. The Project is Substantially Complete, B. The completed improvements of each Phase have been placed on the Tax Roll; C. The CRA has determined that Project complies with the commitments and with all of the terms and provisions of T:IDEVEI_OPMENT\The Preserve - ComerstoneTreserve D[FAUFA Second Amendment - 2010 (3).doe 3 this Agreement; D. All requirements as set forth within this Agreement have been complied with by Developer; and E. The CRA has received Project increment Revenues from such improvements. However, this Agreement and the initial ten (10) year term for each Phase for the Receipt of Pledged Project Increments Revenue shall be automatically extended for an period of time equal to each year that funds are not disbursed to Developer by the CRA for reasons other than the failure of Developer to comply with the Affordable Access Requirements of this Agreement. Section 8.5 is amended to read as follows: 8.5. Notices and other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand, request, consent, approval or other communication (referred to in this Section 9.4 as a "'Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: If to Boynton Village: Boynton Village, LLC c/o Cornerstone Group Development, LLC Attention: Leon Wolfe 2100 Hollywood Boulevard Hollywood, Florida 33020 With Copies to: Michael Weiner, Esq. Weiner & Lynne, P.A. 10 SE 1 st Avenue Delray Beach, Florida 33444 If to CRA: Boynton Beach Community Redevelopment Agency Lisa Bright, Executive Director 915 South Federal Highway Boynton Beach, Florida 33435 T:\DEVELOPMFNT\Thc Preserve - CornerstoneTreserve DIFAIDIFA Second Amendment - 2010 (3).doc 4 With. Copies to: .lames Cherof, Esq. Goren, Cherof, Doody & Ezrol 3099 E. Commercial Blvd. Suite 200 Ft. Lauderdale, FC, 33308 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. T:IDEVEI,OPMENTIThe Preserve - CornerstoneTreserve DIFAIDIFA Second Amendment - 2010 (3).doc WIT ES�ES Print name: BOYNT N VILLAGE, LLC By:_ t Print name: Title: 4 Date: Print name, C��// Print name: Print name: , P m BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY B' Print n e:` itle: Chairperson Date: T:IDEVEL0PMENT1The Preserve - CornerstoncTreserve D1FAIDIFA Second Amendment - 2010 (3).doc STATE OF FLORIDA 640 SS: COUNTY OFA BEFORE -,pean officer rson u ° duly authorized by _ to dm fr pas a d take acknowledgmentsk�of � � a eared e- / _ G >! and acknowledged under oath that 1- has exe uted the foreg ing Agreement as the proper official of for the use and purposes mentioned herein and that the instrument is the act and deed of . He/she is personallknowrL to me or has produce as identification. IN WITNESSPfF THE FOREG I hav m hand and Official seal at in the State and County a ores aid onthis ay of 2008. ot�R p e •4, LEYANI ROMAN - / MY CflWSS10N # DD 783395 Ota1'y u 1C, State EXPIRES: Ap6i 28, 2012 Of Florida at Large QTRW", ¢`- Bo09dTtruBudgstNotary Soly! r �t.© My Commission Expires: STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take a knowledgments, personally appeared,'` as Of BOYNTON BEACH 6 CO MI ITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. /she is personally known to m—�or has produced as identification. --- IN WITNESS OF THE FOR and County aforesaid on thisAL hand and official seal at in the State a 1 My Commission Expires: ACK MMY bN - of i •Comm. Exph Jon 11, 2014 COMM1 n 0 DD 951135 ''' P;+�;'i• 8o Theo National Notary Assn.. TADEVELOPMENT1The Presene - CornerstoneTreserve DIFA\DIFA Second Amendment - 2010 (3).doc EXHIBIT "C-1" Rental Rate List' 2 -Bedroom units: $924.00/month 3- Bedroom units: $1,059.00/month 1 Rental Rates are subject to annual adjustment based upon HUD's annual release of incomes for Palm Beach County. T:IDEVELOPMENTIThe Preserve - CornerstonellTreserve DIFAIDIFA Second Amendment - 2010 (3).doc Exhibit "E" Pledged Project Increments Revenue Formula Examples # of Affordable 2%® # of Affordable Access 52% Access Rental Units 4% Rental Units Sold 54% Sold and/or Rented %m of Eligible TIF and/or Rented %p of Eli ible TIF 3 2%® 78 52% 6 4% 81 54% 9 6% 84 56% 12 8% 87 58% 15 10% 90 60% 18 12% 93 62% 21 14% 96 64%q 24 16% 99 66% 27 18% 102 68% 30 20% 105 70% 33 22%Q 108 72% 36 0.24 111 74% 39 26% 114 76% 42 28% 117 78% 45 30% 120 80% 48 32% 123 82% 51 34% 126 84% 54 36% 129 86% 57 38% 132 88% 60 40% 135 90% 63 42% 138 92% 66 44% 141 94% 69 46% 144 96%v 72 48% 147 98% 75 50% 150 100% T:IDEVELOPNIENT1The Preserve - CornerstoneTreserve DIFAIDIFA Second Amendment - 2010 (3).doc 9 isi.� CERTIFIED PUBLIC ACCOUNTANTS OMPASTl�l 1VANI] CONSULTANTSINDEPENDENT AUDITORS' REPORT To Mr. Leon Wolfe,. PresidentBoynton Village, LLC 2100 Hollywood Boulevard Hollywood, FL 33020 Compliance We have audited the compliance of Boynton Village, LLC as of September 30, 2017 and 2016pursuant to . contractual. requirements with the Boynton Beach Community Redevelopment Agency under Section 5.2 of the Direct Incentive . Funding- Agreement, as amended (the "Agreement"). The purpose of this report is to communicate the results of the compliance audit and applicable recommendations, if any,as discussed in the accompanying notes #o the independent auditors' report and Schedules A and B. Management's Responsibility Management is responsible"for complying with the Agreement and program requirements with the Direct Incentive Program for Workforce Housing" Guidelines (the "Program") approved by the Boynton Beach Community RedevelopmelitAgency; and -for the accuracy and completeness of the management and financial informationinconformity with the requirements provided under the Agreement, whether due to fraud `or. error. AuAuditors'. Responsibility Our responsibility is to express an opinion.on.Boynton Village; LLC's compliance based on our audit pursuant to Section 5.2 of the. Agreement: We conducted our compliance audit in. accordance with 'generally accepted auditing standards established by the American Institute of Certifed. Public Accountants; and under the provisions set' forthunder the Agreement. 'Those. standards. require that we plan and,perform the, audit to obtain reasonable assurance about -whether noncompliance with the compliance requirements referred to above occurred thatcould "have a material effect on the. Program. An. audit. includes examining; on a test basis, evidence about Boynton Village, LLC's compliance with thoserequirements and performing such other procedures, as "we .considered necessary in the circumstances. We believe that our auditprovides a reasonable basis for our opinion. Our audit does not provide a legal determination of Boynton Village, LLC's compliance with those requirements. Members of: American Institute of Certified Public Accountants • Florida Institute of Certified Public Accountants Member Firm of CPA Associates International, Inc: FK - The Royal Palm Building 1000. S. Pine Island Road, Suite 440 Plantation, Florida 33324-3904 Broward: (954).236-8600 •Miami=Dade: (786) 369--8600 • Boca Raton: (561) 910-8600 Facsimile "(954) 236-$603 Website: http://wwwfiskeco.com • Email: fiske@fiskeco.com Vire believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, Boynton. Village; LLC .complied, in all material respects with, the compliance requirements under the Agreement as.'of September 30, 2017 and 2016. Other Matters - In connection with our compliance audit, nothing "came to -our attention that caused us to believe that the Company failed to; comply with the terms, covenants, provisions, or conditions: of the Agreement, insofar as they relate to accounting matters. We were not engaged to, and did not, _conduct. an a-kamination, the objective of which would be "the expression of an opinion "on the effectiveness of internal control. Accordingly, we do not " express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported -.to you. We received a CRA Memorandum in response to our 2015 Complianae'Audit: In consideration of this 'memnorandum, we 'have restated certain aspects "of the 2015 Compliance. Audit; detailed in Note 5. Report on Supplementary Information Our compliance audit was conducted for the purpose " skated above: Schedules A and, B are presented for purposes .of .additional analysis and is not a required part of the 'compliance audit report.',Such information is the responsibility of management and was derived,,froand relates directly to the underlying accounting and other records used to prepare the complianceaudit report. The information has been subjected. to compliance procedures. required under ;section 5.2 of the Agreement and in accordance with auditing standards generally accepted in the United States of 'America: In our opinion,.the information presented_ complies with the terms, covenants, provisions, or conditions of the Agreement. Restricted Use Relating to the Other Matters The communication related to compliance with the aforementioned Program described in the Other Matters paragraph is intended solely for the, information, and use. of the boards. of directors and _ management.of Boynton Village; LLC and Boynton Beach Community Redevelopment Agency and. is not intended to be and should not be. used by anyone other than these specified parties. February 9, 2018 Fiske &° Company Plantation, Florida Certified Public Accountants Note l.. Background Boynton Beach Community Redevelo merit Agency ( "CRA" Under.Florida law (Chapter 163, Part III), local governments are able to designate -selected portions of a City. as Community Redevelopment Areas where slum and -blight exist. The CRA improves - deteriorated areas through revitalization efforts ' which improves the property values within_ the designated CRA area and increases property tax revenues. The Boynton Beach Community Redevelopment Agency ("CRA") is responsible for developing' and implementing the Community Redevelopment Plans that addresses the unique needs of the . targeted area. The funding source for CRA redevelopment initiatives is tax increment financing ("TIF"), a unique toot 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. The dollar value of all real property in the Community Redevelopment Area is determined .as of the base year; .the year the CRA . is established. Taxing authorities, which contribute; `to. the tax increment, continue to receive property tax reventies' based on the base year values:; Any tax ,. revenues from increases in real property value, referred to as "increment,"are deposited into the Community Redevelopment Agency Trust Fund and dedicated to the redevelopment area. Any, -funds received from a tax increment financing area. must be used for specific .redevelopment purposes within the. targeted area, according to Florida Statutes. I The non-exempt ad valorem tax base from the CRA 'is frozen the year the Community Redevelopment Plan is. adopted (July 1" deadline each year). Any incrrease:: in taxes goes to the . . CRA. Tax. revenue increases because redevelopment increases the value of the property. Without . redevelopment, the tax revenue would continue to decrease as the area becomes more and more - blighted. When the Plan has been -implemented, the: tax base for local government.will have been: ' significantly increased. Direct Incentive Financine Aeieement i. Boynton Village, LLC (the "Company") is,a limited liability company domiciled. in"the State of Florida in 2004,. and was organized. primarily For .the purpose of developing, selling, and leasing, real property in Boynton -Beach, Florida. During 2006, the Company :entered into a Direct Financing Agreement ("DIFA'-' or the "Agreement") with the CRA. Under the DIFA, the Company applies. to receive TIF funding by complying with the terms, covenants, provisions, -and conditions specified under the agreement. These provisions include evaluating prospective purchasers and. making determinations whether the purchasers meet the criteria as low-income buyers. or renters. The Company is also required to offer reduced rental and sales prices on residential units" for qualified purchasers or renters to ensure "affordability" of the units: Note 2. Results of the Audit Objectives Under Section 5.2.2 of the DIFA, the audit objectives are as follows: • -"With respect to the Affordable. Access Unit component of the -Program, the CPA must examine the qualifying, income data for every purchaser identified as a qualifying purchaser pursuant to the Affadable Access Unii requirements and must cert: • In writing, the eligibility of all such qualifying Purchasers'under the Program.. • . The written opinion must include verification of the number of residential units which are owned by qualified purchasers: Developer must .provide all necessary documents to r conduct the audit including, but not limited to, the executed deeds and closing statements: " Findings No.findings of noncompliance were noted. Note .3. Qualified Affordable Access Units The Company sold and rented a total of 137 and.- 1.36 .qualified lAffordable Access Units as of Sepfember 30, 2,017 and. 2016, respectively, which is. approximately 41 % o of the 150 unitsrequired under the amended DIFA for each year presented.. See Schedule Afor more details Affordable Access Units Sold During the Period from December "12, 2006_(" Agreement Date") through September 30, 2015; the Company sold'a total of 23 Affordable Access Units to income qualified,.eligible�purchasers under the agreement. The required disclosures under the DIFA were made :on recorded deeds. During the periods from October 1; 2015 through September 30; 2017,. the Company recorded no additional sales of'Affordable Access Units to qualified purchasers. The Company- is: not .privy to records of purchasers other than those whom contracted with them. under the original purchase. agreements. Other information obtained by the Company on subsequent transactions including sales, foreclosures;, or otherwise transferred property that was originally sold 'by, the Company, is insufficient for reporting purposes under the DIFA. Affordable Access Units .Rented There are 114 and 113 eligible renters of Affordable Access Rental Units rented by qualified.renters under the Agreement at September 30, 2017 and 2016,. respectively. -4- Note 4. Project Increment Revenges In order to determine the, amount of TIF funding owed to the Company for e'ach,year according to the DIFA" and Florida Statute, the amount owed to the Redevelopment Trust for the year is determined first. Per Florida"Statute (Chapter 163.387 (1)(a)), 95% of City and county ad valorem property, taxes assessed on project units' taxable value in excess of base year value are owed to the redevelopment fund. For each year presented, the Companyis owed. 75%, of the amount received by the redevelopment fund per DIFA. Please see Schedule A for detailed calculations. For 20177 and 2016; the Company :is. owed. $94,953 and $89,650, respectively. Payment is,due upon acceptanceand approval by the Boynton Beach Community Redevelopment Agency. The Company is eligible to apply for such tax increment revenues created. from the project annually for a term of tenyears, which, it anticipates participating in during those years. Note 5. Correspondence with .CRA and Restatement of 2015 Ipcentive Calculation'" A.s"a result of a February 2016. CRA 'Memorandum received in response to the 2015.Compliance , Audit, the 2016 and 2017 Incentive calculations differ from the, 2015. Incentive .calculation in the . following ways: 1: 2017 and 2016 values of Preserve at,'Boynton Beach. properties are derived from2017 and 2016 Taxable. Values per the Palm Beach County Appraiser. 2. Per Florida. Statute detailed in Note 4 above, 95% of increment revenues are received by . the redevelopment trust and per DIFA, the. Company is entitled to, 75% of incremental revenues received; by redevelopment trust (years 1.through 5. per DIFA): With the exception of the above, ,the 2017 and 2016 Incentive Calculation is identical to, the 2015 Compliance Audit calculation. Incorporation of the above changes to the amounts reported in the. initial 2015 Compliance Audit results in thefollowing restatements and amounts due to Boynton Village, "LLC.: As stated As restated Total 2015 Taxable Value $ 8,776,200 * Sch. A, pg. 7 $ 11,871,085 Net Increase in Value. 7,751,200 * Sch. A, pg.. 7 . 10,84.6,085 TIF Revenue Created by Project 89,755 * Sch. A, pg. 7. 125;624 Amount due to redevelopment fund NIA not stated 1.19343 Amount due to Boynton Village, LLC 67,331 * Note 4, pg. 5 89,507 Amount due.to Boynton Village, LLC (2015) $ 89,507 Less: Amount paid by CRA in response to initial audit 45,7.79 R�l.�iyo �1�,� '1'� �^.�"'�.^. �T;1N i f !� Q' A'x •7'Tq =Please see attached initial 2015 Compliance. Audit attached -5- . Boynton Village, LLC Compliance Audit Schedule A September 3.0, 2017 and 2016 Calculation of Project Increment Revenues Sept: 3.011 2017 Sept. 30, 2016 Taxable Value Taxable Value . Qualified Affordable Access Units Sold or Rented at September 30,-2017 & 2016; . Affordable Access Units - Sold to Qualified Purchasers . 23 *) $ . 2,064,66.7' 23 *} $ 100,515 Affordable Access Units - Rented to Qualified Renters 114 *) 6,441,000 113' *) 6,441;000 Other Units:` n/a *) 4,029,578 n/a 3;632;754 . 137 $ 12;535,245.: . 1.36 $ 11,964,269 Unqualified -Units` . 13 1,4 Total Units. Sold:. 150 150 Less: Value of the Project - Base Year 2004 (See DIFA) $ 1,025,000 $ 1;025,000 Net Increase in Value A) $ 11,510,245. ' A).$.' 10,939,269 Percentage of Qualified Units Sold or Rented to Total Units. Sold (rounded - see above)' B) X ..91.3% B) X 90.7% Millage Rates: City of Boynton Beach Millage Rate per 1;000: 7.9000, 7.9000 ,. . Palm Beach County Millage Rate per 1,000- 4.7815 4.7815: 'Combined Millage Rate per. 1,000 C) X 12.6815: C) X � 12.6.815 TIF Revenue. Created by Project (rounded - D =' AxBxC) D) $ 133;268 " . D) $ 125,825 Calculation of TIF Revenues due to`Boynton Villa e. Percentage of TlF Revenue 'due to -redevelopment fund -(per Florida Statute 163:187 (1) (a) E) X 95% E) X , 95% Amount due to redevelopment fund (rounded"- F. DxE) F) $ 126,605 F) $ 1.19534 Percentage of TIF Revenue due to developer, Boynton Village, LLC (per D1FA years 1 through 5) G) X 75% G) X 75% Amount due to Boynton Village, LLC (rounded - H =FxG) H) $ 94,953 H) $ 89,650 *) _ See attached Schedule B for detail dee accompanying independent auditors' report Boynton Village, LLC Compliance Audit Schedule B September 3.0, 2017 and 2016 Boynton Village, LLC Affordable Access Units -. Sold to Qualified Purchasers: 2017 2016 Address Building, . Unit Taxable Value Taxable Value . 1990 NE 5TH ST 2: 202 $ 134;000 ` $ 124,000 " 1966 NE' 5TH. ST -.2 206 126,000 116,000. 1.948 NE STH ST 2, 209 ' 72,600 66,000 1942 -NE 5TH ST 2 , '210 1-26,000 1.16;000 1848 NE 6TH, ST 9 904 25;000 25,000 1-842 NE 6TH ST 9 905 .9.5,167 :. 86;51.5 1824 NE 6TH ST 9 908 107,800 98,000 1818 NE 6TH ST 9 .. .909 1121000 .102,000 -1743 NE 6TH ST 1.2 1205 112,000 102,000 1747 NE 6TH ST 12 1206 ,107;800 98,0.00 1751 NE 6TH ST 12 1207 112;000 102,000 1755 NE 6TH ST 12 1208 108,000 98,000 . 1759 NE 6TH ST. - 12 1209 112,000 102;000 . NE 6TH ST 12 1210 107,800 98,000. " 1726 NE -6TH ST 13 1304 12000 - .: 110,000 - 1722`NE 6TH ST13 1305 25,000 25;000 1714 NE 6TH ST13. 1307 25,000 25,000, 1826 NE 5TH ST 1405 14 1405- .104,500 95,000 1802,NE 5TH. ST 1408 14. 1408. _ 1819 NE 5TH ST - 15 1503 .183 5NE .5TH ST 15 1505. :1.12,000 102,000 1843 NE 5TH ST .15 1.506 108,000 9.8,000 1851 NE STH ST 15 1507 112,000 1,62,000. 23 ^ $ 2,064667- 3 1,890,51.5 Boynton Village, LLC Affordable Access Units - Rented to Qualified Renters:. , # of Units_ .2017 2016. . Address Building in Bldg Taxable -Value Taxable'Value 1901 NE 5TH ST 1 14 $ 791,000 $ 791;000 2001 NE 5TH ST 3 . 12 678,000 678,000 ' 501 NE 19TH AVE 4 14 791,000 791,000 502 NE 19TH AVE 5- 14 791,000 791,000 2008 NE 6TH ST 6 10 565,000 565,000 1900.NE 6TH. ST 7 .12 --- . 678,000 6787000 1901 NE 6TH ST 8 14 791,000: 791,000 1803 NE 6TH ST. 10 14 791,000 791,000 1748 NE 6TH ST 11 10 565,000 5655000 . 114 - $ 6,441;000 $ 6,441,000 .. As of September 30, 2017 and 2016 =12 Bldg. 7 Units and 114 Total Units as of.September 30, 2017 and 11 Bldg. 7 Units and 1.13 Total Units as of September 30, 2016 See accompanying: independent auditors' report -8- Boynton village, LLC Compliance Audit, Schedule B (continued). September 30, 2017 and 2016 Other Units: 2617„ 2016." Address Taxable ,Value. Taxable Value .1866 NE 6TH ST $: 56;500 $ 56;500 1860 NE 6TH ST 56,500 56,500 1854 NE 6TH ST 56500 56,500. 1836 NE 6TH ST : 56,500 56,500 1830 NE 6TH ST 56,500 56,500` . 18.12 NE 6TH ST. 56,500 56,500 1.806 NE 6TH ST'. 56,500 56,500 1800 NE -6TH ST 56,500..... 56,500 1867 NE 5TH ST 99,559 96,508 . 1875 NE STH ST 74,669 67;881 185.9 NE 5TH.ST -92,238 83,853 1827 NE 5TH ST107,800 98,000 1803 NE 5TH ST- 99,559 90508 . 181.1 NE STH ST 90,200 82,000 1767 NE 6TH'ST 106,879 97;163 . 1771 NE 6TH ST . 81,990 74;536. 1739 NE 6TH ST 99,559: 901508 1735 NE 6TH ST : 1.12,000 1.02,000 1727 NE 6TH ST 106,879 97,163 _ 1731 NE 6TH'ST 92,000 82,000 1866 NE 4TH ST. 181ONE 5TH ST. 14.07. 1034001 94,000 1818 NE 5TH ST 1406 107,800 98,000 1834 NE 5TH "ST 1404 120,000 110;000, 1.842 NE 5TH ST,140366,394. .64,000- 18.50 NE'5TH ST 1402 128,000 118,000 1858'NE5TH ST 1401 92,000 82,000 1702 NE 6TH ST 128,000 118,000.: . . 1706 NE 6TH ST 103,400' 94,000 1710 NE..6TH ST 120;000 110,000 1718 NE 6TH ST 120,000.: 110,000 1730 NE 6TH ST 124,000 114,000 1734 NE 6TH ST 128,000 118,000 1.738 NE 6TH ST 69,25.2 62,956 1918.NE 5TH ST 77,000 70,000 1924 NE 5TH ST ti 0,000 100,000 1930 NE 5TH ST 114,000 104,000 1936 NE 5TH ST 80,000 120,000 Continued next page See accompanying independent auditors' report -9- Boynton. Village, LLC Compliance_ Audit. Scbedule B (continued) September 30, 2017 and 2016 Outer Units (continued): 2017 2016 Address Taxable Value Taxable Value 1954 NE 5TH ST $ 126,000 $ 116,000. 1960 NE 5TH. ST 253000 25,000 1972 -NE 5TH ST . 1-30,000 93,170 1978 NE 5TH -ST . 114,000 90,50$ . . 1984 NE 5TH ST 130,000 25,000 1996 NE 5TH ST .. 98,000 88.-000 $ 4,029;578 $ 3,63.2,754 See accompanying independent auditors'report -10- a x LL J LL a uoff . r.. m Moa Mow lCom] C-7 U J J C O N to a O I L O O CNO Le) N � y O Le) (0 N O r (.0 N N (.0 0- O (3) r N M ti Q N Q W i O° rn N O NQ Y o n !) O I L O O CNO Le) Le) O r (.0 N N (.0 n (3) r N T ti W N r N M n 00 N T L6 O V v O N N y f6 ce) M W C F O 00 O N 7 y -e N N O 7 0 to (D N (D ; > O > O O LN T y N 7 C r CD N T U) l4 > r T r O N ' { cc o O O L L1 w a n 14 s Q f6 (4 (4 y (4 C C LO O W CL F F F J F LO � U3 U3 41) CD � ' Ln N M O O c0 O D } ( O r N cN r- Ln ( O (D r Q r. 7 a)N C N N O LO y m V -4 N LL') n In 7 f6 Z i 7 O G ' > AW > U U Q 7 y0 C 7 �s }' 7 4 u 7 7 cc a) y xx V (s0 (0 2 N N ~ (0 U ) N Q U x LX r 0 o o 7 x 7O F u lU U U N r 0 y y C Ccu c O o z aW 1: i� O N N a7� (0 ti M O N o O N + + C LL L (0 (0 p� m U O U } = x M m m m U D U (1) C) 3 vX U (CD: E d d (� Z o c E c a) E °� Q O U d J .O > .O O 7 O d J O O C O LO Lf) a L Q A > O r Ln u N TO - - O o .0 7 0 .O j d M OW 4% N d N W d (0 d (0 p V d i J > d C ()U LL C p pO > ow CL c o w co) > � (0 0) 0) tea, (0 I) d LL r U �O U LL Q 0> Q > Q Z I F U U H 7 ID ID O O CNO 0C 0 O r (.0 N N (.0 > > V LO O LOLO L(7 LL r N O LO Ln O V v O N N y f6 O x N M W C F L V N (D N 7 y LL (.0 (.0 N 7 0 F N x X W O ; > O > O yO o Q y N 7 C r CD N U) l4 > c, m y r O N ' { cc o O II L1 w a n 14 s Q f6 (4 (4 y (4 C C LO O W CL F F F J F LO � U3 U3 41) CD � ' Ln N M O O c0 O D } ( O r N cN r- Ln ( O (D r Q r. 7 a)N C N N O LO y m V -4 N LL') n In 7 f6 Z i 7 O G ' > AW > U U Q 7 y0 C 7 �s }' 7 4 u 7 7 cc a) y xx V (s0 (0 2 N N ~ 7 ID ID O O CNO C 0 O r (.0 N N (.0 > > V LO O LOLO L(7 LL r o f�C O L N Q > O c Q o aa) ¢ O N U) r O N L1 w a n 14 y y '0 LO L y O > > c0 0 0 d s s r d LU LLJ C D V Ln U� Z i 7 O G ' > AW > U U 4 u 7 7 y xx V (s0 (0 2 N N ~ (0 U ) N Q U x 0 o o 7 x 7O F u N ( U U N r 0 y y C Ccu o O o z aW 1: Exhibit "Ell Pledged Project Increments Revenue Formula Examples # of Affordabi . ..... 0 Access Rental Units � # of Affordable Access —",- — — ----- J1 Units S01 Iftnta i Sold and/or Ren--,- Eli ible L and/or Rented Ln � 1-1-- —__ of Elie ible TIE 3 2% 78 52% 6 4% 81 54% 9 6% 84 56% 12 8% 87 58% 15 10% 90 60% 18 12% 93 62% 21 14% 96 64% 24 16% 99 66% 27 18%t 102 68% 30 20% 105 70% 33 22% 108 72% 36 0-24 ill 74% 39 26% 114 76% 42 28% 117 78% 45 30% 120 80% 48 32% 123 82% 51 34% 126 84% 54 36% 129 86% 57 38% 132 88% 60 40% 135 90% 63 42% 138 92% 66 44% 141 94% 69 46% 144 96% 72 48% 147 98% 75 50% 150 100% T:\DEVELOPMENTMe Preserve - CornerstonelPreserve DIFA\DIFA Second Amendment - 2010 (3).doc 9 Exhibit "Ell T- rM8p%;p-T=ara # of Affordable #of Affiordable Access s Access Units Sold... _% of Eligible TIF I Units Sold �Mrl !it 1 2% 26 52% 2 4% 27 54% .3 6% 28 56% 4 8% 29 58% 5 100/0 30 60% 6 12% 31 62% 7 14% 32 64% 8 16% 33 66% 9 18% 34 68% 10 20% 35 70% 11 22% 36 72% .12 0.24 37 74% 13 26% 38 76% 14 28% 39 78% 16 30% 40 80% 16 32% 41 82% 17 34% 42 84% 18 36% 43 86% 19 38% 44 8s°v® 20 40% 45 90% 21 42% 46 92% 22 44% 47 94% 23 46% 48 96% 24 48% 49 98% 25 50% 60 100% ff5 OXORD003 - Boynton Beach CRA - Comergonc DEFA — 10-27-06 21 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetaiVPropertyDetaii.aspx?parcel=08434515250002020&srchtype=ADV&owner=&streetno=1990&prefix... No Exemption Information Available. Number of Units 1 Use Code 0400 - CONDOMINIUM Tax Year 2017 improvement Value $134,000 Lang Value $0 Total Market Value $134,000 *Total Square Feet 1561 2016 2015 $124,000 $0 $0 $0 $124,000 $33,200 All values are as of January 1 st each year 2017 2016 2015 $134,000 $124,000 $33,200 $0 $0 $0 $134,000 $124,000 $33,200 2017 2016 2015 $2,861 $2,707 $745 $218 $197 $197 $3,079 $2,904 $942 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=08434515250002020&srchtype=ADV&owner=&streatno=1990&prefix=N ... 1/1 DOROTHYJACKS i I °A Location Address 1990 NE 5TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-25-000-2020 Subdivision PRESERVE AT BOYNTON BEACH 2 CONDOMINIUM Official Records Boob 27622 Page 1105 Sale Date JUN -2015 Legal Description PRESERVE AT BOYNTON BEACH 2 CONDOMINIUM UNIT 202 Mailing address Owners 333 PALM ST SAN FRANCISCO NAVIGATION LLC HOLLYWOOD FL 33019 4505 Sales Date Price OR Book/Page Sale Type Owner JUN -201 5 $135,000 27622 /01105 WARRANTY DEED SAN FRANCISCO NAVIGATION LLC JAN -201 5 $57,600 27559 / 01612 WARRANTY DEED DALINO LLC SEP -2014 $20,100 27024 /00630 CERT OF TITLE SUNTRUST MORTGAGE INC JAN -2008 $279,990 22443 /00002 WARRANTY DEED LAGANO SASHA No Exemption Information Available. Number of Units 1 Use Code 0400 - CONDOMINIUM Tax Year 2017 improvement Value $134,000 Lang Value $0 Total Market Value $134,000 *Total Square Feet 1561 2016 2015 $124,000 $0 $0 $0 $124,000 $33,200 All values are as of January 1 st each year 2017 2016 2015 $134,000 $124,000 $33,200 $0 $0 $0 $134,000 $124,000 $33,200 2017 2016 2015 $2,861 $2,707 $745 $218 $197 $197 $3,079 $2,904 $942 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=08434515250002020&srchtype=ADV&owner=&streatno=1990&prefix=N ... 1/1 16/03/2018 www.pbegov.com/papa/Asps/PropertyDetaii/PropertyDetail.aspx?parcel=08434515250002060&srchtype=ADV&owner—&streetno=1966&prefix... Owners ,DAGNIEWSKA MARGARET Mailing address '.r NE 5TH ST STE 206 BOYNTON Sales Date Price OR Book/Page Type Owner DEC -201 7 $160,000 29569 015 78 WARRANTY DEED DAGNIEWSKA MARGARET DEC -2014 $103,000 27240 /00662 WARRANTYDEED NACK GARRY ! it 27170 1111 ' D FEDRL HOMEA !•• JUN -2014 $53,300 26886 /00846 CERT OF TITLE BANK OF AMERICA NA JUN -2007 $239,990 2193 8 / 01160 WARRANTY DEED DICKENS FAITH No Exemption Information Available. Tax Year Assessed Value Exemption Amount Taxable Value Tax Year Ad Valorem Non Ad Valorem Total tax 'Total Square f=eet 1557 $116,000 $0 $116,000 All values are as of January 1 st each year 2017 2016 $126,000 $0 $126,000 2017 2016 $2,691 $218 $2,909 $116,000 $0 $116,000 $2,532 $197 $2,729 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515250002060&srchtype=ADV&owner=&streetno=1966&prefix=N... 1/1 Acres 2onung - 2015 $116,000 $0 $116,000 2015 $116,000 $0 $116,000 2015 $2,603 $197 $2,800 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515250002060&srchtype=ADV&owner=&streetno=1966&prefix=N... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetaiVPropertyDetail.aspx?parcel=08434515250002090&srchtype=ADV&owner=&streetno=1948&prefix... I u roDOROTHYJACKS a A AMi my Location Address 1948 NE 5TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-25-000-2090 Subdivision PRESERVE AT BOYNTON BEACH 2 CONDOMINIUM Official Records Bonk 26418 Page 1540 Sale Date OCT -2013 Legal Description PRESERVE AT BOYNTON BEACH 2 CONDOMINIUM UNIT 209 Mailing address Owners 1805 PONCE DE LEON BLVD STE 400 WPBGHB LLC CORAL GABLES FL 33134 4455 Sales Date Price OR Book/Page Sale Type Owner OCT -2013 $150,000 26418 / 01 540 WARRANTY DEED WPBGHB LLC MAR -2013 $88,000 25924/01740 WARRANTY DEED PALM BEACH FNCL SOLUTIONS LLC MAR -2011 $50,900 24436 / 00004 CERT OF TITLE HSBC MORTGAGE CORPORATION USA DEC -2007 $239,990 22384/01214 WARRANTY DEED BARBEE KATHLEEN No Exemption Information Available. Number of Units 1 Use Cove 0400 CONDOMINIUM Tax. Year 2017 Improvement Value $76,000 Land Value $0 Total Market Value $76,000 *Total Square Feet 1601 2016 2015 $66,000 $108,000 $0 $0 $ 66,000 $108,000 All values are as of January 1 st each year 2017 2016 2015 $72,600 $66,000 $99,000 $0 $0 $0 $72,600 $66,000 $99,000 2017 2016 2015 $1,573 $1,441 $2,289 $218 $197 $197 $1,791 $1,638 $2,486 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515250002100&srchtype=ADV&owner=&streetno=1942&prefix... Mailing 1942 NE STH ST # 210 BOYNTON BEACH Sales Date Price OR Book/Page Sale Type Owner AUG -2017 $160,000 29328 /01452.. • SIMMS MONIKA • JAN -2016 $108,000 28049 01649 'A'GLOBAL DEC -2014 $10 27596/ 01593 WARRANTY DEED FEDERAL HOME LOAN MRTG CORP NOV-2014 $25,700 00101 CERT OF •,• DEC -2007 $229,990 22384 /01336 WARRANTY DEED BUREY ROXANNE No Exemption Information Available. * oW Square Feet 1 557 2016 $116,000 $0 $116,000 All values are as of January 1 st each year 2016 $126,000 $0 $126,000 2016 $2,691 $218 $2,909 $116,000 $0 $116,000 $2,532 $197 $2,729 Ares Zoning - 2015 $116,000 $0 $116,000 2015 $116,000 $0 $116,000 2015 $2,603 $197 $2,800 http://www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515250002100&srchtype=ADV&owner=&streetno=1942&prefix=N ... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetaii/PropertyDetaii.aspx?parcel=08434515330001848&srchtype=ADV&owner=&streetno=1848&prefix... c�a ccsHoffftlad Exempwin I DOROTHYJACKS Via WtyAWM1W =�to Location Address 1848 NE 6TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-33-000-1848 Subdivision PRESERVE AT BOYNTON BEACH 9 CONDO Official Records Book 24184 Page 362 Sale Date SEP -2010 Legal Description PRESERVE AT BOYNTON BEACH 9 CONDO UNIT 1848 Mailing address Owners 1848 NE 6TH ST .SEYLER RACHEL BOYNTON BEACH FL 33435 3516 Sales Date Price ORBook/Page Sale Type Owner SEP -2010 $210,000 24184/ 00362 WARRANTY DEED SEYLER RACHEL Exemption Applicant/Owner Year Detail .SEYLER RACHEL 2018 Tax Year Assessed Value Exemption Amount Taxable Value Tax Year Ad Valorem Non Ad Valorem Total tax 'Total Square Feet 1 557 $98,000 $0 $98,000 All values are as of January 1 st each year 2017 2016 $66,271 $41,271 $25,000 2017 2016 $644 $218 $862 $64,908 $ 39,908 $25,000 $651 $197 $848 Acres Zoning - 2015 $98,000 $0 $ 98,000 2015 $64,457 $39,457 $25,000 2015 $670 $197 $867 http://www.pbcgov.com/papalAspsIPropertyDetail/PropertyDetai i.aspx?parcel=08434515330001848&srchtype=ADV&owner-&streetno=1848&prefix=N ... 1/1 This instrument prepared by, or under the supervision of, and after recording return to:: Howard J. Vogel, Esq. Bern O Rennert Vogel & Mandler P.A. 10, . °4 2n° Street, Suite 2900 a ii, t�rida 33131 A p d f49arcel 1. D. No.: 08-43=45-15-03-000-0205 Grante I.D. No(s) 1111111101111111111111IN CFF 20100425745 OR Big 24164 PG 0362 RECORDED 11/09/2010 11:20:06 Palm Beach County, Florida ANT 210, 000.00 Doc Stamp 1, 470.00 Sharon R. Bock,CLERK & CONPTROLLER Pgs 0362 - 363; Qpge) (�L (Reserved for Clerk of Court, SPECIAL WARRANTY DEED THIS S WARRANTY DEED is made and entered into as of the W day of September 2010 by BOYNT VILLAGE, L.L.C., a Florida limited liability company, Grantor, whose office address is 2100 Ho}tod Blvd., Hollywood, Florida 33020 to Rachel Seyler, Grantee, whose mailing address is 1848 NE`s Street, Boynton Beach, FL 33435. Wherever used herein, the terms "Grantor" and "Grantee" shall ince, as to each party, to this instrument, its heirs, legal representatives and assigns. ',y WITNESSETH: O GRANTOR, for and 1 y, enation of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the re ` wand sufficiency of which are hereby acknowledged, has granted, bargained and sold, and by thes `°ents does hereby grant, bargain and sell to Grantee, the following described land situated and being irk each County, Florida (the "Property"): Unit 1848, of THE PRESERVE%,ecorded NTON BEACH 9, A CONDOMINIUM, according to the Declaration of Condomi in Official Records Book 23754, at Page 1217, of the Public Records Beach County, Florida, as amended and/or supplemented from time to tiher with an undivided interest in the common elements appurtenant thereto.a TOGETHER WITH all the tenements, hereditaments and appurtenances thereunto belonging or appertaining thereto. THIS CONVEYANCE is subject to: taxes and assessments for the current calendar year and all subsequent years; zoning ordinances, restrictions, prohibitions and other requirements imposed by governmental authority; conditions, restrictions, reservations, limitations and easements of record, if any, but this reference shall not operate to reimpose same; all standard printed exceptions contained in the purchase agreement between Grantor and Grantee; all matters for which title insurance coverage is provided to Grantee; restrictions, conditions, easements, covenants, assessments, liens, terms and limitations set forth in (i) the Declaration of Condominium referenced above, and all exhibits thereto, all as amended and/or modified from time to time, and (ii) the Declaration of Covenants, Restrictions and Reciprocal Easements recorded in Official Records Book 21330, at Page 1936 of the Public Records of Palm Beach County, Florida and all exhibits thereto, as amended and/or modified from time to time (collectively, the "Declarations"). GRANTOR hereby warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, other than those matters described above. Grantee, by acceptance and recordation , of this Deed, expressly and specifically approves, accepts, covenants and agrees to be bound by and to assume performance of all of the applicable provisions and requirements set forth in the Declarations. 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515330001842&srchtype=ADV&owner=&streetno=1842&prefix... Homeow Y �Z A -,1.t t ti ,R�ck�.,l,� �.� 4�� ` Y CFA. t S AV Location Address 1842 NE 6TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-33-000-1842 Subdivision PRESERVE AT BOYNTON BEACH 9 CONDO Official Records Book. 23947 Page 1034 Sale Date JUN -2010 Legal Description PRESERVE AT BOYNTON BEACH 9 CONDO UNIT 1842 Mailing address Owners 1842 NE 5TH ST DESIR RALPH BOYNTON BEACH FL 33435 3504 Sales Date Price OR Book/Page Sale Type Owner JUN -2010 $210,000 23947 /01034 WARRANTY DEED DESIR RALPH No Exemption Information Available. Number of Units 1 Use Code 0400 - CONDOMINIUM Tax Year 2017 Improvement Value $112,000 Land Value $0 Total Market Value $112,000 *Total Square Feet 1601 2016 $102,000 $0 $102,000 All values are as of January 1 st each year 2017 2016 $95,167 $0 $95,167 2017 2016 $2,146 $218 $2,364 $86,515 $0 $86,515 $1,998 $197 $2,195 Acres Zoning - 2015 $102,000 $0 $102,000 2015 $78,650 $0 $78,650 2015 $1,940 $197 $2,137 http://www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetail. aspx?parcel=08434515330001842&srchtype=ADV&owner=&streetno=1842&prefix=N ... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetaii/PropertyDetaii.aspx?parcel=08434515330001824&srchtype=ADV&owner—&streetno=1824&prefix... t DOROTHYJACKS,t I :cl AV Location Address 1824 NE 6TH ST Municipality BOYNTON BEACH Parcel Control Nurnlier 08-43-45-15-33-000-1824 Subdivision PRESERVE AT BOYNTON BEACH 9 CONDO Official Records Book 26261 Page 1001 Sale Date AUG -2013 Legal Description PRESERVE AT BOYNTON BEACH 9 CONDO UNIT 1824 Mailing address Owners 7431 W ATLANTIC AVE STE 34 TRYZUB INVESTMENTS INC DELRAY BEACH FL 33446 3505 Sales Date Price OR Book/Page Sale Type Owner AUG -2013 $126,500 26261 /01001 WARRANTY DEED TRYZUB INVESTMENTS INC SEP -2010 $215,000 24163 /00489 WARRANTY DEED CLEMENTJEWEL R F No Exemption Information Available. Number of Units 1 *Total Square Feet 1557 Acres Use Code 0400 - CONDOMINIUM Zoning - Tax Year 2017 2016 2015 Improvement Value $108,000 $98,000 $98,000 Land Value $0 $0 $0 Total Market Value $108,000 $98,000 $98,000 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $107,800 $98,000 $90,200 Exemption Amount $0 $0 $0 Taxable Value $107,800 $98,000 $90,200 Tax Year 2017 2016 2015 Ad Valorem $2,303 $2,139 $2,082 Non Ad Valorem $218 $197 $197 Total tax $2,521 $2,336 $2,279 http://www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetail.aspx?parcel=08434515330001824&srchtype=ADV&owner—&streetno=1824&prefix=N ... 1/1 No Exemption Information Available. Number of Units 1 Use Code 0400 - CONDOMINIUM Tax Year 201 7 Improvement Value $112,000 Land Value $o Total Market Value $112,000 *Total Square Feet 1601 2016 $102,000 $0 $102,000 All values are as of January I st each year Acres Zoning - 2015 $102,000 $0 $102,000 2017 2016 2015 $112,000 $102,000 $93,500 $o $0 $0 $112,000 $102,000 $93,500 2017 2016 2015 $2,392 $2,227 $2,162 $218 $197 $197 $2,610 $2,424 $2,359 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetaii/PropertyDetaii.aspx?parcel=08434515290001205&srchtype=ADV&owner=&streetno=1743&prefix... l. $ CO 1Hormstead EampUw1 DOROTHYJACKS CFA, AM 1 " Location Address 1743 NE 6TH ST Municlpahty BOYNTON BEACH Parcel Control Number 08-43-45-15-29-000-1205 I Subdivlsion PRESERVE AT BOYNTON BEACH 12 CONDO Offir.ial Records Book 29302 Page 1858 Sale Date AUG -2017 Legal Description PRESERVE AT BOYNTON BEACH 12 CONDO UNIT 1205 Mailing address Owners 303 N WARNELL ST VITAVIC LLC PLANT CITY FL 33563 3770 Sales Bate Price OR Book/Page Sale Type Owner AUG -2017 $10 29302 / 01 858 WARRANTY DEED VITAVIC LLC APR -2014 $135,000 26769 / 01 763 WARRANTY DEED MARINA PICCOLA LLC JAN -2014 $10 26615 /01745 QUIT CLAIM VERONA VENTURES LLC MAY -2013 $88,000 26074 / 00598 WARRANTY DEED VINAGRE ARIEL OMAR DEC -2007 $239,990 22384 /01464 WARRANTY DEED GUERICH MARTHA No Exemption Information Available. i Number of Units 1 Total Square Feet 1601 Acres Use Code 0400 - CONDOMINIUM Loving - i Tax Year 2017 2016 2015 Improvement Value $112,000 $102,000 $102,000 Land Value $0 $0 $0 Total Market Value $112,000 $102,000 $102,000 i All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $112,000 $102,000 $102,000 Exemption Amount $0 $0 $0 Taxable Value $112,000 $102,000 $102,000 i Tax, Year 2017 2016 2015 Ad Valorem $2,392 $2,227 $2,289 Non Ad Valorem $218 $197 $197 Total tax $2,610 $2,424 $2,486 i http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=08434515290001205&srchtype=ADV&owner=&streetno=1743&prefix=N... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515290001206&srchtype=ADV&owner--&streetno=1747&prefix HOMaWad FA DOROTHYJACKS CFA, M$ F*bw 9&&+ Cowty Prop" AWWw Location Address 1747 NE 6TH ST /Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-29-000-1206 Subdivision PRESERVE AT BOYNTON BEACH 12 CONDO Official Records Book 27878 Page 334 Sale Date OCT -2015 Legal Description PRESERVE AT BOYNTON BEACH 12 CONDO UNIT 1206 Mailing address Owners 3168 NW 88TH AVE VERGARA JESUS E SUNRISE FL 33351 7366 71,17,, 7,57777 Sa�es Date Price OR Book/Page Sale Type Owner OCT -2015 $114,000 27878 003 34 WARRANTY DEED VERGARAJESUSE FEB -201 4 $0 26620 01175 CERT OF TITLE FEDERAL NATIONAL MRTG ASSN APR -2013 $6,600 25915 /00908 CERT OF TITLE PRESERVE AT BOYNTON BEACH MAINTENANCE MAR -2012 $10 25054 / 00095 QUIT CLAIM SHAW SONYA MAR -2008 $239,990 22582 / 01089 WARRANTY DEED SHAW BRAD E & No Exemption Information Available. Number of Units I *Total Square Feet 1557 Acres Use Code 0400 - CONDOMINIUM Zoning - Tax Year 2017 2016 2015 Improvement Value $108,000 $98,000 $98,000 Land Value $0 $0 $0 Total Market Value $108,000 $98,000 $98,000 All values are as of January I st each year Tax Year 2017 2016 2015 Assessed Value $107,800 $98,000 $98,000 Exemption Amount $0 $0 $0 Taxable Value $107,800 $98,000 $98,000 Tax Year 2017 2016 2015 Ad Valorem $2,303 $2,139 $2,199 Non Ad Valorem $218 $197 $197 Total tax $2,521 $2,336 $2,396 •: . . - 9- . , . 16/03/2018 www. pbcgov.com/papalAsps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515290001207&srchtype=ADV&owner=&streetno=1751&prefix... Owners CECIONI +"• --CECIONI MARCO Mailing addiress 6304 POWERLINE RD FORT LAUDERDALE FL 33309 2020 Sales Date Price OR Book/Page Sale Type Owner FEB -2 014 $136,000 26632 /00567 WARRANTY DEED CECIONI ALEJANDRO j & OCT -2013 $100,400 26425 /01236 WARRANTY DEED MIAMI PROPERTY TRUST LLC DEC -2007 $239,990 22442 /01905A' DEED OSOWSKY DAWN No Exemption Information Available. *Total Square are feet 1601 9W $102,000 $0 $102,000 All values are as of January 1 st each year 2017 2016 $112,000 $0 $112,000 2017 2016 $2,392 $218 $2,610 $102,000 $0 $102,000 $2,227 $197 $2,424 Acres Zoning - 2015 $102,000 $0 $102,000 2015 $102,000 $0 $102,000 2015 $2,289 $197 $ 2,486 http://www.pbcgov.com/papa/Asps/PropertyDetaiVPropertyDetaii.aspx?parcel=08434515290001207&srchtype=ADV&owner=&streetno=1751 &prefix=N... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetaii/PropertyDetaii.aspx?parcel=08434515290001208&srchtype=ADV&owner—&streetno=1755&prefix... Homatind Exel i CFA, AAS I Locatlon Address 1 755 NE 6TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-29-000-1208 Subdivision PRESERVE AT BOYNTON BEACH 12 CONDO Officlal Records Book 28274 Page 1364 Sale Date APR -2016 Legal Description PRESERVE AT BOYNTON BEACH 12 CONDO UNIT 1208 Mailing address Owners 1 395 BRICKELL AVE STE 900 LIOLAS LLC MIAMI FL 33131 3302 Sales Date Price OR Book/Page Sale Type Owner w0• t LIOLAS OCT -2015 $0 27846/ 00675 CERT OF TITLE FEDERAL NATIONAL MORTGAGE ASSOCIATION DEC -2007 $249,990 22384 / 01438 WARRANTY DEED BLACK DWAYNE No Exemption Information Available. Number of Units 1 Use Code 0400 - CONDOMINIUM Tax Year 2017 Improvement Value $108,000 Land Value $0 Total Market: Value $108,000 Tax Year Assessed Value Exemption Amount Taxable Value Tax Year Act VMorern Non Ad Valorem Total tax *Total Square Feet 1557 $98,000 $0 $98,000 All values are as of January 1 st each year 2017 2016 $108,000 $0 $108,000 2017 2016 $2,306 $218 $2,524 $ 98,000 $0 $98,000 $2,139 $197 $2,336 Acres Zoning - 201 $98,000 $0 $98,000 2015 $69,572 $44,572 $25,000 2015 $708 $197 $905 ';. :�. ♦. . .,aa' . •";�.� !,T '.i o „ . ,.. 1 '111 1:: i'.' �l.:. __i.• 16/03/2018 www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetail.aspx?parcel=08434515290001209&srchtype=ADV&owner—&streetno=1759&prefix... d iir'i 4 .Pd .iirr i .1 CfAAAS, f }tzrili 't Location Address 1759 NE 6TH ST MuniclpMlty BOYNTON BEACH Parcel Control Number 08-43-45-15-29-000-1209 Subdivision PRESERVE AT BOYNTON BEACH 12 CONDO Official Records took 26396 Page 258 Sale Date OCT -2013 Legal Description PRESERVE AT BOYNTON BEACH 12 CONDO UNIT 1209 Owners ,AMANECER 88 LLC Price OR Book/Page Sale Type $143,000 26396/0025 $110,000 26172 / 01471 WARRANTY DEED $239,99022384/01411 WARRANTYDEED No Exemption Information Available. Number of Units 1 Use Code 0400 - CONDOMINIUM Tax Year Improvement Value Land Value Total Market Vaiue Tax Year Assessed Valve Exemption Amount Taxable Value Tax Year Ad Valorem Non Ad Valorem Total tax *Total Square Feet 1601 All values are as of January 1 st each year 2016 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=08434515290001210&srchtype=ADV&owner--&streetno=1763&prefix ..... C" Homestod Exemption DOROTHYJACKS CFA, AAS Pskn Bnch CowAy Prop"Appridw Location Address 1763 NE 6TH ST' Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-29-000-1210 Subdivision PRESERVE AT BOYNTON BEACH 12 CONDO Official Records Book 29018 Page 127 Sale Date APR -2017 Legal Description PRESERVE AT BOYNTON BEACH 12 CONDO UNIT 1210 Mailing address Owners 43 BEACON HILL RD BEACONSTAR ASSOCIATES LLC MORGANVILLE NJ 07751 4204 Sales Date Price OR Book/Page Sale Type Owner APR -2017 $10 29018/00127 QUITCLAIM BEACONSTAR ASSOCIATES LLC APR -2013 $76,333 25950/01079 WARRANTY DEED RUDEL ALBERT W JR & JAN -2009 $211,000 23081 / 01658 WARRANTY DEED THOMAS TEASHA & No Exemption Information Available. Number of Units 1 *Total Square Feet 1557 Acres Use Code 0400 - CONDOMINIUM Zoning - Tax Year 2017 2016 2015 Improvement Value $108,000 $98,000 $98,000 Land Value $0 $0 $0 Total Market Value $108,000 $98,000 $98,000 All values are as of January I st each year Tax Year 2017 2016 2015 Assessed Value $107,800 $98,000 $90,200 Exemption Amount $0 $0 $0 Taxable Value $107,800 $98,000 $90,200 Tax Year 2017 2016 2015 Ad Valorem $2,303 $2,139 $2,082 Non Ad Valorem $218 $197 $197 Total tax $2,521 $2,336 $2,279 zil 11:4571111'l1f1ll 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetaii/PropertyDetaii.aspx?parcel=08434515260001304&srchtype=ADV&owner=&streetno=1726&prefix... qy�DOROTHYJACKS HOMMtod u A,AA palm Beach Cowty r of Location Address 1726 NE 6TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-26-000-1304 Subdivision PRESERVE AT BOYNTON BEACH 13 CONDOMINIUM Official Records Book 28083 Page 1384 Sale Date JAN -2016 Legal Description PRESERVE AT BOYNTON BEACH 13 CONDOMINIUM UNIT 1304 Mailing address Owners 333 PALM ST .SAN FRANCISCO NAVIGATION LLC HOLLYWOOD FL 33019 4505 Sales Date Price R . Owner fff 28083 /01384RR FRANCISCO NAVIGATION JAN -201 f ff 28055 01577 WARRANTY DEED DALINO LLC NOV-2015 . •fl' 27907 01613 CERT OF BANK USA NA MAR -2008 $239,990 22626 /01614.., D WRIGHTSTEPHEN No Exemption Information Available. Number of Units 1 Use Coe 0400 - CONDOMINIUM Tax Year 2017 improvement Value $120,000 Land Value $0 Total Market Value $120,000 Tax Year Assessed Value Exemption Amount Taxable Value Tax Year Ad Valorem Nora Ad Valorem Total tax *Total Square Feet 1557 Zoning - 2016 2015 $110,000 $0 $110,000 All values are as of January 1 st each year 2017 2016 $120,000 $0 $120,000 2017 2016 $2,562 $218 $2,780 $110,000 $0 $110,000 $2,401 $197 $2,598 $110,000 $0 $110,000 2015 $71,874 $0 $ 71,874 2015 $1,899 $197 $2,096 http://www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetail.aspx?parcel=08434515260001304&srchtype=ADV&owner-&streetno=1726&prefix=N ... 111 16/03/2018 www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetail.aspx?parcel=08434515260001305&srchtype=ADV&owner=&streetno=1722&prefix... Circ k DOROTHYJACKS r } rY A Location Address 1722 NE 6TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-26-000-1305 ubdiAslon PRESERVE AT BOYNTON BEACH 13 CONDOMINIUM Official Records Book 22384 Page 1375 Sale Date DEC -2007 Legal Description PRESERVE AT BOYNTON BEACH 13 CONDOMINIUM UNIT 1305 Owners .MARQUES NEVILLE Sales Date Price OR Book/Page DEC -2007 $239,990 22384 / 01375 Exemption Applicant/Owner MARQUES NEVILLE Mailing address 1722 NE 6TH ST UNIT 1305 ?,OYNTON BEACH FL 33435 3508 Sale Type WARRANTY DEED Year 2018 Number of Units 1 Use Code 0400 - CONDOMINIUM Tax Year 2017 Improvement Value $124,000 Land Value $0 Total Market Value $124,000 Total Square f=eet 1601 $114,000 $0 $114,000 Owner MARQUES NEVILLE Detail Acres Zoning - 2015 $114,000 $0 $114,000 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515260001305&srchtype=ADV&owner=&streetno=1722&prefix=N ... 1/1 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $60,979 $59,725 $59,310 Exemption Amount $35,979 $34,725 $34,310 Taxable Value $25,000 $25,000 $25,000 Tax Year 2017 2016 2015 Ad Valorem $608 $614 $631 Non Ad Valorem $218 $197 $197 dotal tax $826 $811 $828 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515260001305&srchtype=ADV&owner=&streetno=1722&prefix=N ... 1/1 16/03/2018 www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetail.aspx?parcel=08434515260001307&srchtype=ADV&owner-&streetno=1714&prefix... «F0 DOROTHYJACKS Nomated Exn6pdon w f i Location Address 1714 NE 6TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-26-000-1307 Subdivision PRESERVE AT BOYNTON BEACH 13 CONDOMINIUM Official Records Book 22384 Page 1280 Sale Date DEC -2007 Legal Description PRESERVE AT BOYNTON BEACH 13 CONDOMINIUM UNIT 1307 i Mailing address Owners 1 714 NE 6TH ST PIERRE WICLER BOYNTON BEACH FL 33435 3508 Safes Date price OR Book/Page Sale Type Owner DEC -2007 $239,990 22384 / 01280 WARRANTY DEED PIERRE WICLER Exemption Applicant/Owner Year Detail PIERRE WICLER 2018 Number of Units 1 *Total Square Feet 1601 Acres Use Code 0400 - CONDOMINIUM Zoning Tax Year 2017 2016 2015 Improvement Value $124,000 $114,000 $114,000 Land Value $0 $0 $0 Total market Value $124,000 $114,000 $114,000 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $60,979 $59,725 $59,310 Exemption Arnount $35,979 $34,725 $34,310 Taxable Value $25,000 $25,000 $25,000 Tax Year 2017 2016 2015 Ad Valorem $608 $614 $631 Non Ad Valorem $218 $197 $197 Total tax $826 $811 $828 http://www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515260001307&srchtype=ADV&owner=&streetno=1714&prefix=N ... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=08434515270001405&srchtype=ADV&owner=&streetno=1826&prefix... No Exemption Information Available. *'Total Square Feet 1601 01711111 2016 2015 $95,000 $102,000 $0 $0 $95,000 $102,000 All values are as of January 1 st each year 2017 2016 2015 .:DOROTHYJACKS $95,000 .... $0 -CFA,AASFt $0 $104,500 $95,000 $102,000 2017 2016 2015 $2,235 Location Address 1826 NE 5TH ST UNIT 1405 $2,289 $218 Municipality BOYNTON BEACH $197 Parcel Control Number 08-43-45-15-27-000-1405 $2,271 $2,486 Subdivision PRESERVE AT BOYNTON BEACH 14 CONDOMINIUM Official Records Book 26670 Page 1199 Sale Date FEB -2014 Legal Description PRESERVE AT BOYNTON BEACH 14 CONDOMINIUM UNIT 1405 Mailing address Owners 1 549 NE 123RD ST PIGNASA GROUP LLC MIAMI FL 33161 6029 I Sales Date Price ORBook/Page Sale Type Owner FEB -2014 $135,000 26670 / 01 199 WARRANTY DEED PIGNASA GROUP LLC SEP -2013 $106,900 26373 /00354 WARRANTY DEED MIAMI PROPERTY TRUST LLC JAN -2013 $10 25868 / 01 524 QUIT CLAIM PADI LLC AUG -2012 $57,200 25480 /00826 WARRANTY DEED DAVILA DIEGO J MAY -2012 $32,100 25200 /00745 CERT OF TITLE HSBC BANK USA NA l No Exemption Information Available. *'Total Square Feet 1601 01711111 2016 2015 $95,000 $102,000 $0 $0 $95,000 $102,000 All values are as of January 1 st each year 2017 2016 2015 $104,500 $95,000 $102,000 $0 $0 $0 $104,500 $95,000 $102,000 2017 2016 2015 $2,235 $2,074 $2,289 $218 $197 $197 $2,453 $2,271 $2,486 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515270001405&srchtype=ADV&owner=&streetno=1826&prefix=N ... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515300001503&srchtype=ADV&owner=&streetno=1819&prefix... DOROTHYJACKS b um,Lam 1. OFA,AAS 1 a Location Address 1819 NE 5TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-30-000-1503 Subdivision PRESERVE AT BOYNTON BEACH 15 CONDO Official Records Book 29185 Pane 1619 Sale Date JUN -2017 Legal Description PRESERVE AT BOYNTON BEACH 15 CONDO UNIT 1503 THOMASOwners WARD Saies Date Price OR Book/Page ! 01619 ! 01112 APR -2013 $80,000 26012 /00911 MAR -2008 $239 990 22582 / 01424 Exemption Applicant/Owner THOMAS Mailing address 1819 NE 5TH ST BOYNTON BEACH FL 33435 3505 Sale Type Owner WARRANTY DEED WARD THOMAS W TR WARRANTY DEED WARD THOMAS W WARRANTY DEED SAHAGUTAN HAMPARTZOUM WARRANTY DEED GODDEN LAUREN Year Detail 2018 $102,000 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515300001503&srchtype=ADV&owner=&streetno=1819&prefix=N... 1/1 'Total Square Feet 1601 Acres JIUM Zoning - 2016 2015 $112,000 $102,000 $102,000 $0 $0 $0 $112,000 $102,000 $102,000 All values are as of January 1 st each year 2016 2015 $53,495 $52,395 $93,500 $53,495 $52,395 $0 $0 $0 $93,500 2016 2015 $237 $242 $2,162 $218 $197 $197 $455 $439 $2,359 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515300001503&srchtype=ADV&owner=&streetno=1819&prefix=N... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=08434515300001505&srchtype=ADV&owner-&streetno=1835&prefix... a coel DOROTHYJACKS +q ll,7Lsaa,'?�tOfL 1\ Sl t\f,�v; ' fl <Sai „9U.�}}g, tg,, '3 � �•. 0 P r °, r + Locations Address 1835 NE 5TH ST Municipallty BOYNTON BEACH Parcel Control Number 08-43-45-15-30-000-1505 Subdivision PRESERVE AT BOYNTON BEACH 15 CONDO Official Records Book 28486 Page 774 Sale Date JUL-2016 Legal Description PRESERVE AT BOYNTON BEACH 15 CONDO UNIT 1505 Mailing address Owners 5925 PELOQUIN FAUBERT ERIC LAVAL QC H7H 2X1 CANADA Sales Date Price OR Book/Page Sale Type Owner JUL-201 6 $144,800 28486 00774 WARRANTY DEED FAUBERT ERIC ! 1 #' 26514 01616 OF TITLE FEDERALNATIONAL DEC -2007 $239,990 22384 /01491 WARRANTY DEED WEINSTEIN JASON No Exemption Information Available. dotal Square Feet 1601 2016 $102,000 $0 $102,000 All values are as of January 1 st each year Acres Zoning - 2015 $102,000 $0 $102,000 2017 2016 2015 $112,000 $102,000 $93,500 $0 $0 $0 $112,000 $102,000 $93,500 2017 2016 2015 $2,392 $2,227 $2,162 $218 $197 $197 $2,610 $2,424 $2,359 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515300001505&srchtype=ADV&owner=&streetno=1835&prefix=N ... 1/1 16/03/2018 www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515300001506&srchtype=ADV&owner—&streetno=1843&prefix... DOROTHYJACKS r e&� m Im Location Address 1843 NE 5TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-30-000-1506 Subdivision PRESERVE AT BOYNTON BEACH 15 CONDO Official Records Book 28782 Page 703 Sale Date DEC -2016 Legal Description PRESERVE AT BOYNTON BEACH 15 CONDO UNIT 1506 Mailing address Owners 333 PALM ST UNIT 3 INVERSIONES SORRENTO INC HOLLYWOOD FL 33019 4505 Sales Date Price OR Book/Page Sale Type Owner DEC -2016 $1 28782 /00703 WARRANTY DEED INVERSIONES SORRENTO INC DEC -2016 $141,000 28757 / 00231 WARRANTY DEED INVERSIONES SORRENTO INC OCT -2016 $1 28771 / 01871 WARRANTY DEED DALINO LLC SEP -2016 $103,000 28771 / 01869 WARRANTY DEED DALINO LLC SEP -2016 $1 28771 / 01867 REP DEED DALINO LLC 12 All values are as of January 1 st each year Tax Year No Exemption Information Available. Number of Units 1 Total Square Feet 1557 Acres Use Code 0400 - CONDOMINIUM Zoning - Tax Year 2017 2016 2015 Improvement Value $108,000 $98,000 $98,000 Land Value $0 $0 $0 Total Market Value $108,000 $98,000 $98,000 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $108,000 $98,000 $90,200 Exemption Amount $0 $0 $0 Taxable Value $108,000 $98,000 $90,200 Tax Year 2017 2016 2015 Ad Valorem $2,306 $2,139 $2,082 Non Ad Valorem $218 $197 $197 Total tax $2,524 $2,336 $2,279 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515300001506&srchtype=ADV&owner=&streetno=1843&prefix=N... 1/1 16/03/2018 www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetail.aspx?parcel=08434515300001507&srchtype=ADV&owner=&streetno=1851&prefix... e WMSUad Uon aDOROTHYJACKS 1 - PWM awh coo" ftp"Apptalm }f: ` Location Address 1851 NE 5TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-30-000-1507 Subdivision PRESERVE AT BOYNTON BEACH 15 CONDO Official Records Book 27386 Page 1617 Sale Date MAR -201 5 Legal Description PRESERVE AT BOYNTON BEACH 15 CONDO UNIT 1 507 Mailing address Owners 5925 PELOQUIN FAUBERT ERIC LAVAL. OC H7H 2X1 CANADA Sales Date Price OR Book/ age Sale Type Owner MAII-201 5 $110,500 27386/0-1617 WARRANTY DEED FAUBERT ERIC MAY -2014 $0 26773/01297 CERT OF TITLE FEDERAL NATIONAL MRTC ASSN JAN -2008 $239,990 22443/00035 WARRANTYDEED LOPEZ HECTOR G No Exemption Information Available. 'Total Square Feet 1601 2016 $102,000 $0 $102,000 All values are as of January 1 st each year Acres Zoning - 201 $102,000 $0 $102,000 2017 2016 2015 $112,000 $102,000 $102,000 $0 $0 $0 $112,000 $102,000 $102,000 2017 2016 2015 $2,392 $2,227 $2,289 $218 $197 $197 $2,610 $2,424 $2,486 http://www.pbcgov.com/papa/Asps/PropertyDetaillPropertyDetall.aspx?parcel=08434515300001507&srchtype=ADV&owner=&streetno=1851 &prefix=N... 1/1 i March 19, 2018 Leon Wolfe, President Boynton Village, LLC 2100 Hollywood Boulevard Hollywood, FL 33020 Dear Mr. Wolfe: Atioi rieys a1: Lanni lw-law.com Tara W. Duhy tduhy@llw-law.com Reply To: West Palm Beach Office Please accept this letter in response to your request to the Boynton Beach Community Redevelopment Agency for disbursement of funding pursuant to the Direct Incentive Funding Agreement dated December 12, 2006, as it has been amended (DIFA). After reviewing the audit, we have determined that additional information is required. Please provide the Florida Housing Finance Corporation Program Report — Recap of Tenant Income Certification Information for the period from 12/31/2016 to 12/31/2017 to support your request for disbursements for 2017. The CRA cannot comply with your request for reimbursement for years prior to 2017. Pursuant to the DIFA, the required Audit and supporting documentation must be submitted annually in order to be considered by the Board for reimbursement no later than April following the ad valorem tax year. In this case, the documentation was not timely submitted and therefore you are not eligible for reimbursement. Please feel free to contact my office with any questions. Very truly yours, Tara W. Duhy TWD/Ib cc: Michael Simon Vicki Hill JACKSONVILLE TALLAHASSEE TAMPA BAY 245 Riverside Ave., Suite 150 315 South Calhoun St.. Suite 830 101 Riverfront Blvd., Suite 620 Jacksonville, Florida 32202 Tallahassee, Florida 32301 Bradenton, Florida 34205 T 904.353.0410 T: 850.222.5702 T: 941 .708.4040 F: 904.353.7619 F: 850.224.9242 F: 941 .708.4024 Sec Things Differently` 00958051-1 515 North Flagler Cir., Suite 1500 Nest Palm Beach, Rord�i 33401 T 561.640.0820 F: 561.640.8202 MEMORANDUM DATE: March 19, 2018 TO: Mike Simon, Executive Director Thuy Shutt, Assistant Director Tara Duhy, CRA Legal Counsel FROM: Vicki Hill, Finance Director RE: Boynton Village LLC — Compliance Audit I am in receipt of the Compliance Audit for Boynton Village LLC. I am not in agreement with the results of the audit due to a number of deficiencies as detailed below - 1 . elow: 1. The developer's auditor submitted DIFA reimbursement request for 2016 and 2017, they did not make a submission for 2016. Legal has advised that the CRA is only responsible for 2017. 2. Taxable Values different. Auditor based calculations on the PAPA fair market value have a slight discrepancy. Auditor claims $12,535,245 and CRA tax records from the Property Appraiser has a taxable value of $12,663,245. 3. Auditor did not calculate percentages of eligible units based on back up Exhibits to Agreements. 4. To properly calculate the payment, the 2017 Taxable Value must be determined for the rental units and housing units separately, then the base value backed out, the percentage of eligible units applied to the result, and finally the millage applied at 95% for the amount to be paid to the developer. This is all specified on the Incentive Calculation spreadsheet and the reimbursement to the developer is $45,806 for 2017. 5. Documentation: a. Rental Units — Compliance audit states "qualified renters" at 114. The CRA agrees with 114 as qualified. b. Housing Units — The developer did not provide documentation proving eligibility for the 23 housing units claimed in the Compliance Audit as eligible. The CRA has determined 5 are eligible (four original owners and one original owner in foreclosure). The Incentive Calculation spreadsheet is adjusted accordingly. A spreadsheet is attached outlining the Compliance audit claimed eligible housing units. The CRA spreadsheet lists "2017 Owners" establishing eligible housing units for the tax year 2017. PAPA printouts are also included to verify ownership. It should be noted that after the original homeowners moved through foreclosure, default or short sale, the units were then owned by banks, LLCs, LPs or various corporations, some of which were sold to new homeowners. 6. The revised Incentive Calculation Payment to the Developer is $45,806. I CRA BOARD MEETING OF: April 10, 2018 OLD BUSINESS AGENDAITEM: 13.D. SUBJECT: Consideration of Parameters for an RFP/RFQ for Redevelopment for CRA Owned Parcels within the MLK, Jr Boulevard Corridor SUMMARY: The approved 2016 CRA Redevelopment Plan and 2014 Heart of Boynton Plan are the result of input and direction gathered from the community on the conceptual commercial and residential development elements, the various land uses and zoning categories, and supported design features desired for future redevelopment projects within the corridor (see Attachment 1). The CRA Board has been earnestly discussing the development potential for existing CRA owned and adjacent properties within the Martin Luther King Jr. Boulevard Corridor since their January 18, 2018 meeting (see Attachment 11). At their February 13, 2018, staff provided the CRA Board with possible development options as directed (see Attachment 111). At the March 13, 2018 meeting, the CRA Board directed staff to present various incentives and options for their consideration as the agency prepares a Request for Proposals and Qualifications (RFP/RFQ) in order to solicit redevelopment interest in these sites from the private sector community. As with most RFPs, the CRA has an opportunity to provide incentives such as land, funding, design and site plan assistance, development infrastructure support and partnerships to the private sector developer to make desired redevelopment projects more attractive and financially feasible. The Board could choose to describe the project type or site area of development in very specific or loose terms. The broader the proposal scope and requirement, the less restricted the private development firms will be in how they approach putting together their proposal. The RFP should also encourage potential respondents to acquire adjacent properties for a larger, more impacting project wherever possible. Currently, the CRA has approximately $1.2 million in the FY 2017-2018 budget identified for MLK Jr. Boulevard Corridor Redevelopment with the authority to make funding category adjustments. Additionally, the CRA owned vacant land with the appropriate land use and zoning designations is ready to accommodate the Plan's desired mix of commercial and residential type development. The Board could consider offering the entire value or a reduced value of the land as a financial incentive. See Attachment I I for a map of CRA owned properties. BACKGROUND: At their February 13, 2018 meeting, 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. 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 (see Attachment IV) and the CRA received an additional 11 comments cards (see Attachment V). The CRA also received a petition with 201 signatures for specific redevelopment uses (see Attachment VI) and emails from members of the public who were not at the meeting (see Attachment VI 1). 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: 2016 Boynton Beach Community Redevelopment Plan, 2014 Heart of Boynton Plan, the Downtown Vision & Master Plan. CRAAB RECOMMENDATION: The CRA Advisory Board recommends the RFP to include the following: • Emphasis on flexibility and creatvity to maximize the use of the land and maximize the appeal to at least some of the types of businesses that the community wants • Inclusion of CRA -owned properties on both the north and south sides of MLK, Jr. Boulevard • Suggestion of significant cash is available (not necessarily a specific dollar amount) in addition to the land discount for the purpose of, including but not limited to, assisting the developer in offsetting construction costs, infrastructure costs, to purchase additional parcels of land that are contiguous to the existing CRA -owned land, and/or to provide relocation assistance to attract new businesses • Promotion of the newly renovated Sara Sims Park amenities which will be in place • Requirement of commercial and residential mix of uses that is consistent with the plan for Heart of Boynton • Partnership with or work with other adjacent land owners to gain a larger footprint for the development • Work with the community for input during community meetings before, during, and after the project is completed • Maintenance of the historical perspective of the Heart of Boynton through design and attractions • Emphasis that time is of the essence and require that significant work must be done within 12 months of award of contract • Portions of the development could utilize TI F, 9% tax credit financing, or SAI L financing CRA BOARD OPTIONS: 1. Direct CRA staff and legal to prepare a Request for Proposals/Request for Qualifications for the redevelopment project site and CRA owned properties known as the Martin Luther King Jr. Boulevard Corridor outlining certain Proposal criteria and development incentives as discussed and considered by the Board. 2. Do not direct CRA staff and legal to prepare a Request for Proposals/Request for Qualifications for the redevelopment project site and CRA owned properties known as the Martin Luther King Jr. Boulevard Corridor outlining certain Proposal criteria and development incentives as discussed and considered by the Board. ATTACHMENTS: Description D Attachment I -2016 CRA Plan - Heart of Boynton District D Attachment II - M LK M aps D Attachment III -Conceptual Design D Attachment IV - CRAAB 03.01.18 Meeting Minutes D Attachment V - Comment Cards D Attachment VI -Signed Petition D Attachment VII - Emails N YNTON"' oil 0 0 E AC C RA- FUE2 I f " I 10 Mfj i uw i ILO -701 11 MiNURIM &I I k -11 w 2016 Boynton Beach Community Redevelopment Plan, Aw Heart of Boynton District (Pages 105 through 117 of the 20 16 Boynton Beach Community Redevelopment Plan) Introduction Planning Challenges Planning Considerations The Vision Recommendations N Introduction 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 Community Center, Galaxy Park and Scrub and Sara current market conditions. 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 Im Figure 57: Heart of Boynton District Location Map �sr Calle 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 through some form of a subsidy. Another major deterrent to private investment is the visible blight and crime. There are still a number of small convenience stores that allow loitering and illegal activities for all to see, discouraging people to buy homes or invest in businesses within the area. 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 P nr Corgi stior% 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'/2 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 A second consideration is the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of 1-95, exempts all development from the Palm Beach County traffic concurrency 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. district, tentatively called Shepard Funk Addition Historic Cottage District, be created within the block enclosed by N. Seacrest Boulevard, NE 1st Street, NE 3rd Avenue, and NE 4th Avenue. Figure 59: Historically significant cottages in the HOB 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. R comm n tionR 1-treetscE 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 • 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 Figure 60: Seacrest Blvd Streetscape Area Figure 62: MLK JR. Blvd. Street Section Recommendations. Lane' 11— The - The existing land use designations within the Heart of Boynton District are: • 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 LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX GAP HEIGHT Mixed -Use Medium* 50 MU -2, MU -3 50 75' Mixed -Use Lbw 20 MU -'I 20 45` High Density Residential 15 R4, IPUD 15 45' Medium Density II R3 I'PUD Residential 11 45' Low Density 75 R -'I -AAA, R-'I-AAB, R -I -AA, R -'I -A, R- 1, Residential PUD 7.5 45' Local Retail Commercial Wa C-2, C-3, PGD n1a 4' General nla C-4 Commercial n1a 45' Industrial n1a M -'I n1a 45' PPGI rVa Public Usage Wa 45' Recreation Wa Recreation n1a 45' "Properties located within the TOD may recieve a 25% density bonus 112 Figure 63: Recommended Land Use for the Heart of Boynton District LEGEND }., - Recr© dional (R) Itndusmal0) L- Density Residential (LDR) 5 d.f.. Medium Density Residential (MDR) 11 dWaC High Uensity ResuS-W (HURH 5 dWac Special High liensity Res0e0a1 iSHDR) 20dutac Inslitual'innai (PPGI) Local Retail Commc+rcial (LRC) Ganeral Commercial (GG) �r ............. .Mixed Use Low (MDL) 20 d Wac Mixed Use Medium (MUM) 50 d.;- Mixed Use High (MUH) 00 d is. TOD Recommendations. Urban DQE n • 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. MLK Commercial Multifamily flt) { 1� Figure 64: Heart of Boynton Projects BreezeOcean East s IT f Sara Sims Park Expansion Working with residents of the community, the CRA and its consultant created a master plan for the expansion and improvement of Sara Sims Park. The CRA has also purchased seven properties and deeded them to the City in preparation for the eventual expansion of the park. Staff will review the feasibility of converting a portion of Sara Sims Park Master Plan, along the western boundary, from Recreational Land Use to Single Family. This process shall include a public meeting, the Parks and Recreation Board review and recommendation, and Clty Commision approval. Ocean Breeze East The CRA owns 4.5 acres of vacant land east of Seacrest Boulevard between N.E. 6th and 7th Avenues. The CRA is seeking a private development partner to build a multi -family project on the site. Cottage District The CRA owns approximately 5 acres on the block between N.E. 4th and 5th Avenue. The CRAs 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. MLK Commercial Leveraging CRA -owned land and economic development grants, the CRA was able to bring 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 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. Figure 65: Sara Sims Expansion Figure 66: Ocean Breeze East Figure 67: Cottage District �' WWW �, r.; 4�'✓9 �� `� ( }q, � - t t� ` 4 LA Figure 65: Sara Sims Expansion Figure 66: Ocean Breeze East Figure 67: Cottage District Figure 68: Example of a Commercial Project on MLK Jr. Blvd. Figure 69: Example of Multi Family Project on MLK Jr. Blvd. O NO (D Z V Z - J Q Z m J J LU m V J J (7 Z J Z O V U w n } Q H V) Q V O co w w QV VLLQ z LU d O V V V O m 06 Z Q Z Q w Q Q (7 Q N 47 0 0 o 0 0 r � o � o rw, L J V L n 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 rel 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 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 E 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 F - Z cW CC G O V IN m I'l I I c� C31-1-01 C-(2 V) N I I � F- Z w Z> 2 O V � � � a ■ 0 ■ Q w z ~ ^ 0 ■ �. ■ �: � ■ � � I • z cW CC G O V OW S.I. I HE I m CP NJ M. m I cQ ui m I cae u 1, -1 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: I ) 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. / MLK BLVD. THE CULTURAL HUB WILL SERVE AS AN ANCHOR IN OUR COMMUNITY. HISTORY AND CULTURE ARE IMPORTANT IN ANY CITY. 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C �tiE.N �►-23 fvw fi°b 1 v -) r akAW(� lb V, 6k >' rl'6 13 Vt 0 ?'.3 n i/A nyr, Dor4-6,A., e- C,,C, k 3835- S /\j ATL Lve z - ecxly�k,A-- 4f I'L 5- 73 -)4j �/ �� r c�-� Ack, 33 3 °fyl( VL 7 - 7 Ito/ A)L L 7 AA a-m6v-i 1,3 AJ �) -T-\u c 6 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 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. 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 FRA-RAThuy Shutt, AIA, DirectorAssistant Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach, Florida 334355 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. bear Cpl. Burt Richards : I would like to once again thank you and the Veterans Speaker Forum for their attendance at our first annual Operation Care for Veterans! Their beautiful military display gave the attendees something to gravitate to and Cpl. Burt was a joy to have around! The very large 6 ft x 10 ft - 75 year old "48 star" flag he brought made for an excellent backdrop for our performers! I believe all of the Veteran groups in attendance were also very happy to have Cpl. Burt around. I hope to have him in the near future when we have our 2 nd annual Veterans Fair, for your Memoribilia Museum Display once again, we got no supoort for the Boynton Veterans Advisory only you sir Charlie Crawford, Crew Ldr, City of Boynton Beach 4 i Z 0 "Aw a , ' 4t s P. ,',6 Charlie Crawford, Crew Leader Recreation Et Parks, Civic Center City of Boynton Beach 128 E. Ocean Ave. I Boynton Beach, Florida 33435 o: 561-742-6247 1 f: 561-742-6239 Crawford Ch@bbfl.us I www.boynton-beach.org America's Gateway to the Gulfstream 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. I CRA BOARD MEETING OF: April 10, 2018 OLD BUSINESS AGENDAITEM: 13.E. SUBJECT: 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 SUMMARY: At their September 27, 2017 meeting the CRA 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 a future Request for Proposal (see Attachment 1). The item was brought back to the Board for further discussion at the November 14, 2017 meeting and was tabled by the Board while waiting for more details to be worked out with the Community Caring Center (CCC) regarding the relocation of their existing facility located on 145 NE 4th Avenue. At their March 13, 2018, the Board voted to bring the item forward at their April 10, 2018 meeting rather than waiting until May (see Attachment II). The CRA Plan suggests a fee -simple single-family detached for sale product for the Cottage District for compatibility with the surrounding structures (see Attachment III). The current site might support approximately 30 fee -simple units once roadways, buffers, recreation amenities, drainage, and utilities are incorporated into the development plan but the Board may consider other affordable product for the site. Pursuant to the 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton District, the R3 and IPUD zoning districts may be applied to the property which will allow multi -family units to be developed with flexible property development regulations. Under the current regulations, a maximum of 42 units designed to be attached garden or villa style units could possibly be developed on the site subject to compliance with all property development regulations of the LDRs. CRA staff has had numerous discussions with interested developers for the site which only resulted in the traditional housing products which are marketable for this region. These varied from traditional fee -simple detached single-family lots to attached multi -family units and townhomes. New higher density or infill products have not been proposed probably due to the lack of demand, availability of quality innovative alternatives, and/or the region's current entitlement, land development regulation, or subdivision processes will need to be modified to accommodate the new products. Staff recommends minimum design standards for each unit to ensure a quality design and could write in more general terms in order to allow a variety of development options from interested Proposers. With current site and market conditions of the subject site as described above, the Board might consider the following housing options for the subject site: • Single-family detached homes fee simple lots (Attachment IV) • Single-family detached homes or cluster housing with shared driveways (Attachment V) • Multi -family attached townhomes/villas/garden style homes with parking (Attachment V I ) • Multi -family attached townhomes/villas/garden style homes with common parking (Attachment VI I ) In general, a developer will need to consider the following when developing his budget for the project: Land cost, design fees, utility and infrastructure costs, construction (including amenities), financing and carrying costs, sale and marketing, absorption rates, and overhead and profit. In most affordable housing projects, there is always a finance gap that will need to be addressed through incentives, grants and subsidies, and other mechanism such as tax credit programs or TIF rebates. The CRA Board approved funding in the $75,000 for the Cottage District in this year's budget. With the above in mind, there are several incentives the CRA may provide to the developer to develop unique affordable housing on the site without tax credits or TIF funding. These include but are not limited to, accepting a below market price for the land, providing a subsidy for infrastructure improvements (on a per unit basis), assisting in the entitlement process by coordinating with the City on the site plan and lot/unit design, and/or or providing subsidy to the buyers through a silent second mortgage subsidy for the income -restricted units. FISCAL IMPACT: To be determined. CRA P LAN/P ROJ ECT/PROGRAM: 2016 CRA Redevelopment Plan, Heart of Boynton District CRAAB RECOMMENDATION: The CRA Advisory Board recommends the following: • utilize a discount based on the affordability range on the CRA owned land/land value as an incentive to the developer to reduce per unit costs • affordable/workforce housing • the CRA is willing to fund certain upfront costs such as site plans, surveys, utilities, etc. as potential cost reductions • any of the four housing options as described above for the content of the development from single-family detached through multi -family townhouse/duplex attached style • require fee -simple ownership only (no rentals) • insist on quality development • encourage developer to seek opportunities to work with adjacent land owners to potentially secure a larger footprint for the development • open the RFP/RFQ to include Habitat for Humanity CRA BOARD OPTIONS: 1. Direct CRA staff and legal to prepare a Request for Proposals/Request for Qualifications for the redevelopment project site known as the Cottage District outlining certain Proposal criteria and development incentives as discussed and considered by the Board. 2. Do not direct CRA staff and legal to prepare a Request for Proposals/Request for Qualifications for the redevelopment project site known as the Cottage District outlining certain Proposal criteria and development incentives as discussed and considered by the Board. ATTACHMENTS: Description D Attachment I - Cottage District Map D Attachment II - CRA Board Minutes D Attachment III - CRA Plan - Heart of Boynton District D Attachment IV - Single Family Detached D Attachment V -Single Family Detached Cluster D Attachment VI - Multi -family attached homes D Attachment VII - Multi -family attached home with common parking 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 its 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. W. Heart of Boyntoniv Di's trio c t Introduction Planning Challenges Planning Considerations The Vision Recommendations M The Heart of Boynton District is a 380 -acre neighborhood developed predominantly with single-family homes. The neighborhood has several parks, two public schools and numerous churches. Unfortunately, it has been the victim of disinvestment over the last 50 years. The two Census blocks of Tract 61 which encompasses this District have the median household income of $20,848, the lowest in the City. To counter the decline of the neighborhood, in 2001 the CRA and City adopted the Heart of Boynton Community Redevelopment Plan. The Plan was updated in 2014 to reflect the achievements of the original plan and add new projects to reflect the current market conditions. 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. C. Stanley Weaver (C -Canal) canal to the north, 1-95 to the west, N.E. 3rd Avenue to the south and the FEC rail line to the east. The area is within walking distance of the Cultural and Downtown Districts. A major arterial road—Seacrest Boulevard—runs through the neighborhood north/south. Martin Luther King, Jr. Boulevard, once lined with locally -owned businesses, runs east/west. There are two public elementary schools in the neighborhood, Poinciana and Galaxy. Both schools are STEM schools (Science, Technology, Engineering and Math). There are a number of parks and special use areas within the neighborhood, such as, Carolyn Sims Community Center, Galaxy Park and Scrub and Sara Sims Park. The Heart of Boynton District is bounded by the 10"I'lF Figure 57: Heart ofBoynton District Location Map The Heart of Boynton area suffers from an aging and poorly maintained housing stock. The CRA and City, in partnership with local non -profits, continue to develop single-family homes, but there is a need for quality affordable multi -family rental housing. The problem is that—given low 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 through some form of a subsidy. Another major deterrent to private investment is the visible blight and crime. There are still a number of small convenience stores that 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 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 the neighborhood; clearly, the road is not presently designed at a neighborhood scale. Both Seacrest Boulevard and Martin Luther King, Jr. Boulevard have older, ill -maintained power poles with overhead utilities, causing a "visual blight." Several factors were considered in determining the land use designations for the Heart of Boynton District. A future commuter rail station for the planned Tri - Rail Coastal Link service, which will serve the South Florida metropolitan region, is planned for downtown at N.E. 4th between Ocean Avenue and Boynton Beach Boulevard. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a %Z mile radius around the station's location, including a portion of the Heart of Boynton. The DTOD district regulations support increased intensity of development through a 25% density bonus. A second consideration is the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of 1-95, exempts all development from the Palm Beach County traffic concurrency 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. Historic District. There are a significant number of historic cottages located along both sides of NE 3rd Avenue and the south side of NE 4th Avenue between N. Seacrest Boulevard and NE 1st Street. In order to protect these cottages while allowing commercial redevelopment of the south side of NE 3rd Avenue, the Plan recommends that: • The historic cottages from the south side of NE 3rd Avenue be relocated to the vacant lots on the north side of NE 3rd Avenue. • On completion of the relocations, a historic district, tentatively called Shepard Funk Addition Historic Cottage District, be created within the block enclosed by N. Seacrest Boulevard, NE 1st Street, NE 3rd Avenue, and NE 4th Avenue. 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 • 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 Figure 60: Seacrest Blvd Streetscape Area sw I(Vw V-01 5,-01— Figure 62: MILK JR. Blvd. Street Section RES. 24'WN Recomrnendatloirwis: Land Use The existing land use designationswithin the Heart mf Boynton District are: " Low Density Residential — 5 units per acre (all of this land use designation is concentrated on the west aide of8eacremt Boulevard. ° Medium Density Residential — 10 units per acre (this land use designation is concentrated on the east side of8mmorestBoulevard) ~ High Density Residential — 11 units per acre (currently over the Ocean Breeze West development and along W. Seacreat from N.W. 8th to N.W. 9th) ° Mixed -Use —4O units per acre (this land use designation is placed on the CRA -owned Ocean Breeze East block and onCRA-owned property along K8LK.Jr. Boulevard) " Local Retail Cmnnnnercia|, General Commercial, Industrial, Recreational, and Public & Private Governmental/institutional Below is o 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 LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX CAP* H1 Mixed -Use 50 MU -2, MU -3 50 75' Mixed -Use Low 20 MU -1 20 49 High Density 15 R4, IPUD 15 4& Residential k4edium Density 11 R3, tPUD Residential 11 45' Residential PUD 7.5 45' Local Retail We C-2, C-3, PCD Commercial n1a General nia C-4 Commercial n1a 45' Industrial n1a M-1 rVa 4& Recreation n1a Recreation rVa 45? Properties located within the TOD may recieve a 25% density bonus Figure 63: Recommended Land Use for the Heart of Boynton District LEGEND (R) Ihdustme (1) !Low Density Rosickmlval (LDR) 5 dulac ,Medium Density Residential (MDR) 11 dul- MHigh Density Resklemlial (HDR)h5 dLUw Ow". -io Density Residential (SHDRf 20d./a. (PPGO) Mwil Retell Comm"Cial (LRC) MG -1 Comm—W (GC) MbwdU.L..(MUQ20du'a. WwMbwd Use, Medium (MUM) 50 dufac Nol'. Use High (MUH) 80 du/= I pec ocomet 1afiort 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. MLK Commercial Multifamily Adel Block Sara Sims Park— Ocean eee East Cottage District— Proposed t Cottage st t Figure 64: Heart of Boynton Projects Sara Sims Park Expansion Working with residents ofthe community, the CRAand its consultant created a master plan for the expansion and improvement of Sara Sims Park. The CRA has also purchased seven properties and deeded them to the City in preparation for the eventual expansion of the park. Staff will review the feasibility of converting a portion of Sara Sims Park Master Plan, along the western boundary, from Recreational Land Use to Single Family. This process shall include a public meeting, the Parks and Recreation Board review and recommendation, and Clty Commision approval. Ocean Breeze East The CRA owns 4.5 acres of vacant land east of Seacrest Boulevard between N.E. 6th and 7th Avenues. The CRA is seeking a private development partner to build a multi -family project on the site. Cottage District The CRA owns approximately 5 acres on the block between N.E. 4th and 5th Avenue. The CRA's 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. MLK Commercial Leveraging CRA -owned land and economic development grants, the CRA was able to bring 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 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. Figure 66: Ocean Breeze East Figure 68: Example of a Commercial Project on MLK Jr. Blvd. Figure 69: Example of Multi Family Project on MLK Jr. Blvd. 9 a Q N m 4 I m ° v 9 a Q N m 4 I m [a q 3 HE UQ 0 0 [a .1 111.11, .11 I'll 1111-11 1'1tt ro 'IX jid .1 111.11, .11 I'll 1111-11 1'1tt rop Li Q d —t rop Li rop E a o0 G G o m O ro ;o U oO O O a Y G ' 6 O � - G o � ro� o w o� 0 0 G H '. >' V Uwo P4 a 't1 N Q o Pa S�. OO OO o � G G -� m E a ;o , ",v • , I- soozo c v CC 2 O w N 7� 3~ cC 0 14 o G � O O w 0 I �i `szeny�,y ss�x s��x��oo� mozo _. PADA -PIS J-woZ) FES A` L° G G m C I T -----i 0 i r Lr) o PJDA -PIS Lir) ro � � 0 3 N •r mu d � GN m —7i —7i wl .. O o Q N u tum _. 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SUBJECT: Consideration of Fiscal Year 2017-2018 Budget Amendment for Property Acquisition Funding 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). The subject property is located within the Downtown District of the 2016 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). 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 March 13, 2018 meeting, the CRA Board approved a Purchase and Sale Agreement for acquisition of the property (see Attachment 111). The Church Board of Trustees will formally approve the Agreement on April 8, 2018. The key terms of the Agreement are as follows: Purchase $3,000,000 Price: Closing Sixty (60) days from the Effective Date Date: The terms will allow the Seller to occupy the building after closing until December Post 15, 2018. The Seller will pay $10 a month as consideration during the Post Occupancy: Occupancy term, provide general liability coverage, and be financially responsible for payment of all utility expenses and repairs up to but not to exceed a total of $20,000 in cost. Under the current CRA Board approved Fiscal Year 2017-2018 Budget, staff has determined that there are available funds within the General Fund - Unassigned Fund Balance, in the amount of $2,980,000 that can be used in the Project Fund - Property Acquisition line item for the purchase of 115 N. Federal Highway. If supported, the CRA Board will need to approve the reallocation of these funds from the General Fund to the Project Fund through a Budget Amendment as detailed in Resolution 18-01, Exhibit "A" (see Attachment IV). FISCAL IMPACT: FY 2017-2018 Budget reallocation of $2,980,000 from General Fund - Unassigned Fund Balance line item to the Project Fund - Property Acquisitions bringing the line item funding amount to $3,358,902. CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan — Downtown District CRAAB RECOMMENDATION: Recommends approval as presented. CRA BOARD OPTIONS: 1. Approve Budget Amendment Resolution No. 18-01 for the reallocation of funding from the General Fund to the Project Fund within the Fiscal Year 2017-2018 Budget. 2. Do not approve Budget Amendment Resolution No.18-01 for the reallocation of funding from the General Fund to the Project Fund within the Fiscal Year 2017-2018 Budget. ATTACHMENTS: Description D Attachment I - Location Map D Attachment II - M ixed Use Land Designation (Excerpt from CRA Plan) D Attachment III - Purchase & Sale Agreement D Attachment IV - Resolution 18-01 2 u z j 0 — 0 �j Z a 0 F - z cri -D 0 Z -j < cv cG I m z 12 z 0 0 Z F- I -t Z Z >- 7t ;- 0 w 0 ca 0 m .0 0 U- Tj Z m 13 kF 1/ Recorrirriendations: Land Use To attract new residents and buoineooeo. 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 aoshown: Table 5: Recommended Futuro Land Use (FLU) Classifications within the Downtown District LAND USE DENSITY CORRESPONDING ZONING, DENSITY MAX CAP* HEIGHT High Density 15 R-4, I PUID, PUD 15 45' Residential Mixed -Use MU -2 40 65' Medium 50 MU -3 50 75� Mixed -Use High 80 MU -4*" 60 100, MU Core go 159 General n1a C-4 Commercial n1a 45' Recreation Na Recreation Wa 45' *Properties located within the ZODmay moievea25mdensity bonus MU -High ~ DQ du/ao(ZoninQ MU -Core) ~ Max height 15O^ ^ TODDensity Bonus ^ Commercial uses required bofront Federal Hwy ^ 50'BaeeMaximum ~ 4D-50du/ac ~ Max height: O5-75' ^ TOOBonuses (height /density) ^ Commercial uses required to front Federal Hwy ^ Building frontage required on SE 411 Street ~ Max 4stories onGE4'wstreet Figure 42: Cultural District Example Projects --------------------- E r `„�Ctnxr9®twnvnl (l-�} }}i41i!'ulii'�S 9rrrRtesueEid fl} IoW Oe mdy#�*ds'ixEtlial dl DR) 5 rltOMu ,h9eMdmm 0—stly Rm kOwl (PADR) 11 clrPraa;� Y iqh C7�m5 ty PHM 1.1 , 1.1- Paevoa Ilagh D msih Rtr° outial (61 IDR) M kw Io,uma6-1 {PPGk If Loral l Retail (;ammoroial ILIRC} IIIIIIIIxaa!aral cnonff aw;l irC) Mmixod a so Pe1K3M"Ivum WLIPAJ sp SRl4u, -ed User I llgh (Mull) W Ydtime I POD Figure 43: Recommended Land Use for the Downtown District in 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 [c��]�IiI►y�M 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 F�►��]�y1�1�M 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. 0 :101y/1109101► 1:1►11IMW4197►101111Eel 01.9 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 Title: Chair Date: WITNESS: Printed Name: WITNESS: Printed Name: ESCROW AGENT Lewis, Longman & Walker, P.A. Printed Name: Date: 00935063-1 Printed Name: Frederick W. Birdsall Title: Moderator Date: WITNESS: Printed Name: WITNESS: Printed Name: Purchase and Sale Agreement Page 16 of 18 FXI I-II RT "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 Title: Chair Date: WITNESS: Printed Name: WITNESS: Printed Name: 00935063-1 Printed Name: Frederick W. Birdsall Title: Moderator Date: WITNESS: Printed Name: WITNESS: Printed Name: RESOLUTION NO. 18-01 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO AMEND THE FISCAL YEAR 2017-2018 BUDGET TO REALLOCATE GENERAL FUND PRIOR YEAR FUND BALANCE AND INCREASE THE TOTAL APPROPRIATIONS TO THE PROJECT FUND FOR PROPERTY ACQUISTION. WHEREAS, the Boynton Beach Community Redevelopment Agency Board (hereafter "CRA") has adopted the Fiscal Year 2017-2018 Budget and does allow program changes as necessary; and WHEREAS, it is the objective to maintain accuracy of the budget document to reflect policy determinations of the Board as to the proper and legally defensible appropriation of funds authorized by the Community Redevelopment Plan; and WHEREAS, the CRA Board approved Resolution No. R17-02 on September 19, 2017, approving the Fiscal Year 2017-2018 Budget; WHEREAS, the CRA Board approved the acquisition of 115 N Federal Hwy, Boynton Beach, FL on March 13, 2018, for the purchase price of Three Million and 00/100 dollars ($3,000,000). WHEREAS, the Director of Finance, based on the Board's policy determination and approval of the acquisition of 115 N Federal Hwy, Boynton Beach, FL, has identified certain line item appropriations that require budget adjustments hereinafter reflected. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein. SECTION 2. A copy of the Fiscal Year 2017-2018 Budget Amendment No. 1 and line item adjustments attached hereto as Exhibit "A". SECTION 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4. If any clauses, sections, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD, THIS 10TH DAY OF APRIL 2018. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY U-2 Approved as to form: CRA Attorney Steven B. Grant, Chair EXHIBIT "A" ACCOUNT # General Fund - Budget Entries 01-49100 Fund Balace PY Allocation 01-59999-990 Transfers Out Project Fund - Budget Entries 02-49100 Transfer In Capital Outlay Expenditure - 0258200-401 Property Acquisitions DEBIT CREDIT $ 2,980,000 $ 2,980,000 $ 2,980,000 $ 2,980,000 I CRA BOARD MEETING OF: April 10, 2018 NEW BUSINESS AGENDAITEM: 14.A. SUBJECT: Consideration of Purchase and Sale Agreement for the Properties Located at 211 NE 9th Avenue and NE 11 th Avenue SUMMARY: The CRA has been assembling properties along East MLK Jr. Boulevard since 2004 (approximately 1.55 acres north of MLK Jr. Boulevard and 3.26 acres on the south side of MLK Jr. Boulevard). Larann LLC, owns the vacant property located at 211 NE 9th Avenue, Boynton Beach, FL 33435 and the vacant property located on NE 11 th Avenue, Boynton Beach, FL 33435. Both properties are located within the E. MLK Jr. Boulevard corridor and MLK Jr. Multi -Family area as outlined in the 2016 CRA Redevelopment Plan - Heart of Boynton District and adjacent to several CRA owned parcels (see Attachment 1). The appraisal firm of Vance Real Estate Services performed appraisals of the properties on March 26, 2018 and determined the value to be $53,000 for 211 NE 9th Ave (see Attachment 11) and $9,000 for NE 11 th Ave (see Attachment 111). Larann LLC, has agreed to a contract sales price of $ 57,500 for both properties (see Attachment IV). The Purchase and Sale agreements have been reviewed and approved by CRA Board legal counsel. FISCAL IMPACT: $57,500 plus closing costs, FY 2017-2018 Budget, Project Fund - Property Acquisitions Line Item 02-58200-401 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan - Heart of Boynton CRAAB RECOMMENDATION: Recommends approval of the Purchase and Sale Agreement for 211 NE 9th Avenue and vacant lot on NE 11 th Avenue. CRA BOARD OPTIONS: 1. Approve the Purchase and Sale Agreement for 211 NE 9th Avenue and vacant lot on NE 11 th Avenue 2. Do not approve the Purchase and Sale Agreement for 211 NE 9th Avenue and vacant lot on NE 11th Avenue 3. Other options to be determined by the Board ATTACHMENTS: Description D Attachment I - Maps D Attachment II - 201 NE 9th Ave Appraisal D Attachment III - NE 11th Ave Appraisal D Attachment IV - Purchase and Sale Agreement and Addendum w APPRAISAL REPORT VACANT LAND 211 NORTHEAST 9 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 March 26, 2018 March 26, 2018 Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 RE: Vacant land, 211 Northeast 9 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 March 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. FIFTY-THREE THOUSAND DOLLARS $53,000 (THIS LETTER MUST REMAINATTACHED TO THE REPORT WITH SEVENTY-FOUR (74) NUMBERED PAGES FOR THE VALUE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA State -Certified General Real Estate Appraiser RZ-85 Claudia Vance, MAI State -Certified General Real Estate Appraiser RZ-173 MBA in REAL ESTATE DEVELOPMENT & MANAGEMENT 7481 Northwest 4`h Street, Plantation, FL 33317-2204 954/583-2116 TABLE OF CONTENTS Pate Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION 4 Photos of the u sect Property 5 1-3-5 Mile Location Map 7 1-3-5 Mile Summary of Demographic Statistics Summary Important Facts Conclusions 8 10 of and 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 and Legal Description 12 Real Estate Tax Analysis 13 Market Area Description 14 Zoning 18 Site Description 21 Real Property Interest Appraised 22 Appraisal Purpose and Definition of Market Value 22 Effective Dates of the Appraisal and Report 23 Scope of the Work 23 Summary of Information Considered 24 Property History 24 Highest and Best Use 25 SALES COMPARISON APPROACH- LAND VALUE 28 Land Sales es Location Map 30 Land Sales Documentation 31 Land Sales Comparison Chart 41 Valuation by Sales Comparison 42 FINAL VALUE OPINION 46 Certification and Limiting Conditions 47 ADDENDA 49 Acquiring deed 50 "R-2" zoning ordinance excerpt 52 "MU" zoning ordinance excerpt 60 Martin Luther King Blvd Overlay Zone parking requirement 62 USPAP Standards Rule 2-2a 64 Qualifications of the Appraisers 66 INTRODUCTION View of the appraised land, looking north Looking East on NE 91" Avenue Looking West on NE 9`" Avenue PHOTOS OF SUBJECT & ENVIRONS W `� � � zM W M 01 x H V W W � xz ao o� z� �o N �Q 1-3-5 MILE RADII FROM THE VALUED PROPERTY 211 NE 91h Avenue Boynton Beach, Florida 33435 M t 110th `d L,k, Ave N 2 Worth , w C .•i., ,,.�, .. :: s _ .. �]2�.. .,'' Ctke Crrth, x �' Rd, .�..�.. �orrtdsw;. �1�3tJ2' 'C.rrkuAure �r �! ktelaleu taLua� �l -�� SMt A..v, I� „antana Rd If n i Lad)9arva Rd ` 7F c iia 41 wxo Rd CLrJ ,., Flypral iF3J Wld-" J i pp t1 q M.n c ftd 'R � p � r Did r i oj'15iGX9 �i� , ws0ymwn s va_ :w a: +tn-84,20 8t*d A 1) � B n r Beach 71 a y.l.'all R r sunaay SW 73F v QRun Golf� li �1 =i Lake d 1 Delr .W� ali c.Av 0v6 '" 91 Kings Rtint� 4.nw tsn Blvd loll 'I l 1-3-5 MILE RADII FROM THE VALUED PROPERTY 211 NE 91h Avenue Boynton Beach, Florida 33435 M 211 NW 9th Ave, Boynton Beach, Florida, 33435 Rings: 1, 3, 5 mile radii VANCE REAL ESTATE SERVICE In the identified area, the current year population is 201,949. In 2010, the Census count in the area was 186,939. The rate of change since 2010 was 1.07% annually. The five-year projection for the population in the area is 213,782 representing a change of 1.15% annually from 2017 to 2022. Currently, the population is 47.9% male and 52.1% female. The median age in this area is 38.6, compared to U.S. median age of 38.2. 1 mile 3 miles 5 miles Population 5,033 36,533 79,643 2000 Population 14,264 76,017 166,052 2010 Population 14,240 85,478 186,939 2017 Population 15,671 93,566 201,949 2022 Population 16,743 99,607 213,782 2000-2010 Annual Rate -0.02% 1.18% 1.19% 2010-2017 Annual Rate 1.33% 1.25% 1.07% 2017-2022 Annual Rate 1.33% 1.26% 1.15% 2017 Male Population 49.1% 47.8% 47.9% 2017 Female Population 50.9% 52.2% 52.1% 2017 Median Age 38.6 44.2 46.5 In the identified area, the current year population is 201,949. In 2010, the Census count in the area was 186,939. The rate of change since 2010 was 1.07% annually. The five-year projection for the population in the area is 213,782 representing a change of 1.15% annually from 2017 to 2022. Currently, the population is 47.9% male and 52.1% female. The median age in this area is 38.6, compared to U.S. median age of 38.2. 5,029 33,231 72,318 Race and (Ethnicity 5,033 36,533 79,643 2017 White Alone 35.4% 61.6% 65.8% 2017 Black Alone 57.9% 29.7% 24.9% 2017 American Indian/Alaska Native Alone 0.5% 0.3% 0.4% 2017 Asian Alone 0.9% 2.1% 2.3% 2017 Pacific Islander Alone 0.0% 0.0% 0.0% 2017 Other Race 2.9% 3.5% 3.8% 2017 Two or More Races 2.5% 2.7% 2.6% 2017 Hispanic Origin (Any Race) 12.8% 17.1% 17.7% Persons of Hispanic origin represent 17.7% 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 64.9 in the identified area, compared to 64.0 for the U.S. as a whole. 2000 Households 5,029 33,231 72,318 2010 Households 5,033 36,533 79,643 2017 Total Households 5,613 39,906 85,583 2022 Total Households 6,028 42,427 90,355 2000-2010 Annual Rate 0.01% 0.95% 0.97% 2010-2017 Annual Rate 1.52% 1.23% 1.00% 2017-2022 Annual Rate 1.44% 1.23% 1.09% 2017 Average Household Size 2.77 2.32 2.34 The household count in this area has changed from 79,643 in 2010 to 85,583 in the current year, a change of 1.00% annually. The five-year projection of households is 90,355, a change of 1.09% annually from the current year total. Average household size is currently 2.34, compared to 2.32 in the year 2010. The number of families in the current year is 50,164 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. March 25, 2018 8 211 NW 9th Ave, Boynton Beach, Florida, 33435 Rings: 1, 3, 5 mile radii VANCE REAL ESTATE SERVICE Current average household income is $75,953 in this area, compared to $80,675 for all U.S. households. Average household income is projected to be $86,438 in five years, compared to $91,585 for all U.S. households Current per capita income is $32,651 in the area, compared to the U.S. per capita income of $30,820. The per capita income is projected to be $36,981 in five years, compared to $34,828 for all U.S. households Housing 1 mile 3 miles 5 miles Median Household Income 5,603 39,700 86,055 2017 Median Household Income $39,902 $49,008 $51,974 2022 Median Household Income $43,404 $54,479 $58,185 2017-2022 Annual Rate 1.70% 2.14% 2.28% Average Household Income 6,117 46,274 98,545 2017 Average Household Income $54,835 $68,639 $75,953 2022 Average Household Income $61,811 $78,184 $86,438 2017-2022 Annual Rate 2.42% 2.64% 2.62% Per Capita Income 6,735 49,632 104,685 2017 Per Capita Income $20,469 $29,861 $32,651 2022 Per Capita Income $23,075 $33,879 $36,981 2017-2022 Annual Rate 2.43% 2.56% 2.52% Households by Income 7,245 52,503 110,341 Current median household income is $51,974 in the area, compared to $56,124 for all U.S. households. Median household income is 25,173 projected to be $58,185 in five years, compared to $62,316 for all U.S. households 2,922 17,254 Current average household income is $75,953 in this area, compared to $80,675 for all U.S. households. Average household income is projected to be $86,438 in five years, compared to $91,585 for all U.S. households Current per capita income is $32,651 in the area, compared to the U.S. per capita income of $30,820. The per capita income is projected to be $36,981 in five years, compared to $34,828 for all U.S. households Housing 2000 Total Housing Units 5,603 39,700 86,055 2000 Owner Occupied Housing Units 3,259 24,485 54,936 2000 Renter Occupied Housing Units 1,770 8,746 17,382 2000 Vacant Housing Units 574 6,469 13,737 2010 Total Housing Units 6,117 46,274 98,545 2010 Owner Occupied Housing Units 2,990 24,201 56,382 2010 Renter Occupied Housing Units 2,043 12,332 23,261 2010 Vacant Housing Units 1,084 9,741 18,902 2017 Total Housing Units 6,735 49,632 104,685 2017 Owner Occupied Housing Units 2,945 24,032 56,087 2017 Renter Occupied Housing Units 2,669 15,874 29,495 2017 Vacant Housing Units 1,122 9,726 19,102 2022 Total Housing Units 7,245 52,503 110,341 2022 Owner Occupied Housing Units 3,106 25,173 58,624 2022 Renter Occupied Housing Units 2,922 17,254 31,731 2022 Vacant Housing Units 1,217 10,076 19,986 Currently, 53.6% of the 104,685 housing units in the area are owner occupied; 28.2%, renter occupied; and 18.2% 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 98,545 housing units in the area - 57.2% owner occupied, 23.6% renter occupied, and 19.2% vacant. The annual rate of change in housing units since 2010 is 2.72%. Median home value in the area is $202,409, compared to a median home value of $207,344 for the U.S. In five years, median value is projected to change by 5.05% annually to $258,923. 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. March 25, 2018 9 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Vacant land 211 Northeast 9 Avenue Boynton Beach, FL 33435 OWNERSHIP: Larann LLC P O Box 362042 Melbourne, FL 32936 LAND AREA: 7,570 square feet (size is from public records, no sketch of survey is available for review) IMPROVEMENTS: None ZONING: "R-2", Single and two-family residential district in the city of Boynton Beach FUTURE LAND USE: "MU -L1", Mixed Use Low Intensity 1, in the city of Boynton Beach APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: Vacant land HIGHEST AND BEST USE: Any residential use permitted in the "MU -L1" land use district when the appraised land is assembled with other parcels to a minimum standard land area of 0.50 acres. VALUE BY THE SALES COMPARISON APPROACH: VALUATION DATE: FIFTY-THREE THOUSAND DOLLARS 53 000 March 26, 2018 Exposure Time: 6 months prior to selling at the appraised value Ilt 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: Larann LLC P O Box 362042 Melbourne, FL 32936 Property Address: 211 Northeast 9 Avenue Boynton Beach, FL 33435 Legal Description: Lot 170, ARDEN PARK, ADDITION TO BOYNTON, FLA, Plat Book 2, page 96, Palm Beach County, FL Census Tract No. 61 Im 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 21 18 000 1700 Land Value: $13,874 Improvement Value: -0- Total Market Value: $13,874 Assessed Value: $ 9,664 Ad Valorem Tax: $ 235 Non Ad Valorem Tax: $ -0- Total Tax: $ 235 No exemptions for this property. Properties are assessed in arrears by the county property appraiser. The tax bill is issued in November and a 4% discount is given to a tax payer if the amount is paid in November. The discount diminishes until March, when the tax is due and payable. In Florida, the taxable (assessed) value for non - homesteaded properties can be increased to a maximum of 10% per year, from tax year 2009 going forward, based on a constitutional amendment voted on by the electorate of the state. There are some exceptions which relate to school taxing districts. However, the millage of the city can increase; thus, real estate taxes can continue to increase from year to year. The 10% per year increase cap accounts for the difference between the Total Market Value of the appraised property and the Assessed Value. 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) Market Area Description: Boundaries and Market Composition & Transportation Infrastructure The general market area is the City of Boynton Beach in eastern -central Palm Beach County. Population of the city is about 72,000 residents; land area of the municipality is about 16 square miles situated between Delray Beach on the south and Lake Worth on the north. The town was named for an early developer, Nathan Boynton, a former major in the Union Army in the Civil War. The city was founded in 1898 and incorporated in 1920. Most of the original buildings were destroyed in the hurricane of 1926, though a few remain. Others which were constructed in the early 1920's are still in use with repairs and replacements over the decades. Time and economic trends take a toll on properties; thus, in 1984 a redevelopment plan was adopted for the Community Redevelopment Area (CRA) in the city. It covers 1,650 acres in the central part of the municipality west of the Intracoastal Waterway. One of the districts in the CRA is the immediate subject market area known as the Heart of Boynton (HOB), containing 380 acres. This area is the historic, older part of the CRA, with the following boundaries: Boynton Beach Canal (C-16) on the north, Florida East Coast (FEC) Railroad on the east, Interstate 95 on the west, and jagged line a few blocks north of Boynton Beach Boulevard as the south boundary, at about NE 3 Avenue. Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast Railway from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the city as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Boynton Beach Boulevard is the principal east -west artery in the subject market area, having an interchange with Interstate 95 on the west side of the neighborhood. The boulevard continues west through Palm Beach County to its terminus at State Road 7/ U S Highway 441. 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) Two miles east of State Road 7, it has an interchange with Florida's Turnpike. Boynton Beach Boulevard commences on the east at U S Highway 1, just to the east of the FEC Railroad. U S Highway 1 is the main north -south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. Seacrest Boulevard is a main north -south artery through the City of Boynton Beach and south into Delray Beach. Martin Luther King, Jr. Boulevard is an east -west thoroughfare through the Heart of Boynton. The immediate subject market area is easily accessible by main roads and Interstate 95. Property types in the Heart of Boynton are smaller commercial establishments along the main roads, light industrial close to the FEC Railroad, municipal facilities, single family residential, small multi -family dwellings, a few apartment buildings and places of worship. As mentioned, some structures date back to the 1920s, but most which are still usable were built in the mid -twentieth century. Municipal facilities in the immediate subject market area include parks, two elementary schools and a community center. Recent projects implemented in the Heart of Boynton are: • Seacrest Boulevard Streetscape • Carolyn Sims Center • Ocean Breeze West - 21 homes joint venture with Habitat for Humanity • Construction of single family residences on Martin Luther King, Jr. Boulevard Future projects are: • Revitalization of Martin Luther King, Jr. Boulevard and surroundings • Redevelopment of the Public Works site • Establishment of mixed use districts of residential and commercial • Expansion of light industrial near the FEC Railroad • Widening and extension of NW 11 Avenue, west of Seacrest Boulevard. 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) 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 $30,902, for three miles it is $49,008, and $51,974 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 15,671. In three miles, population increases to 93,566; at five miles, it is 201,949. However, about one-third of the three and five mile circles are over the Atlantic Ocean. Annual growth rate is anticipated to be 1.15% to 1.33% 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 38.6 years compared to the U. S. median age of 38.2 years. 54% of the housing units are owner occupied, with 28% rented. The percentage of renters is higher in this market because many of the single family houses are owned by investors who purchased them after the economic crash in 2008. Vacancy is reported to be 18%; however, this amount is high due to the undercount of the other two categories. Median home value in the five -mile area is $202,409, including waterfront homes, compared to median home value of $207,344 in the United States. The life cycle stage of the market area is stability, a period of equilibrium without marked gains or losses, after a period of decline. The purpose of the Heart of Boynton Community Redevelopment Plan is to revitalize the market area with new housing options and business opportunities. There are examples of new houses along Martin Luther King, Jr. Boulevard, with more planned in the immediate vicinity. 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. IV APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) 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 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. Land unit prices are mostly from about $4.00 to $7.00 per square foot. Family Dollar Store is an addition to the subject market area; it consists of an 8,100 square foot commercial building at the southeast corner of the signalized intersection of Martin Luther King, Jr. Boulevard and North Seacrest Boulevard. More revitalization in the CRA is taking place along US Highway 1, in the southern part of the corridor near Ocean Avenue and Boynton Beach Boulevard with projects such as 500 Ocean, with 341 residential units, 20,000 square feet of retail space and 6,000 square feet of office. Ocean One at 114 N Federal Highway is planned for 358 apartments, 12,075 square feet of retail, 120 hotel room and 439 parking spaces. The Villages at East Ocean Avenue were approved for 371 dwelling units and 15,757 square feet of commercial space. 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. 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) The new project will include two 8 -story apartment buildings with 230 and 244 units, 144 unit assisted living facility, 120 room hotel, 31,800 square feet of retail/ office, a new city hall, police station, fire station and park. Renovation of the historic high school is part of the project. The redevelopment goal is to transform Boynton Beach from a retirement community to a vibrant city where residents can enjoy living and working in an attractive setting. Conclusion The immediate subject market area of the Heart of Boynton (HOB) has the components of an appealing neighborhood with schools, parks and recreation. HOB is easily accessible by main roads and Interstate 95. Goods and services are nearby on Boynton Beach Boulevard and U S Highway 1. With the involvement of the City of Boynton Beach and the Community Redevelopment Agency, Heart of Boynton Community Redevelopment Plan can continue to succeed in revitalizing the area. Land Use: Medium Density Residential, maximum density 9.58 dwelling units per acre Zoning: "R-2", Single and Two-family Residential District with the purpose to implement the medium density residential future land use map classification of the comprehensive plan. The intent of the district is to stabilize and protect existing residential neighborhoods with density no greater than 10 dwelling units per acre, and allow limited types of non-residential uses. Minimum lot area is 4,500 square feet per unit for a duplex; minimum lot frontage is 75 feet. 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) Single family dwellings shall be constructed on lots that are no less than 6,000 square feet with a width of at least 60 feet and follow the building and site regulations of the "R-1", Single Family District. Excerpt from the zoning code is in the Addenda. The appraised site is comprised of one platted lot, with a width of 50 feet and size of 7,570 square feet. Since the lot was platted prior to the current zoning standards, it appears to be a legal non -conformity to be used as for a single family residence. However, determination of use and non -conformities of the site are made by Boynton Beach City officials. Future Land Use: The recommended future land use for the subject site in the Heart of Boynton District is "MU -L1", Mixed Use Low Intensity. The zoning district would potentially be the same. Though, single family residential use is not permitted in the mixed use districts. Minimum lot area for "MU -L1" is 0.50 of an acre or 21,780 square feet. Most individual lots in the old plats contain 7,500 square feet or less. Most probably, three lots would have to be assembled (7,500 square feet x 3 lots = 22,710 square feet) to be of sufficient size for development. Minimum lot frontage is 100 feet. Maximum density is 20 units per acre. An excerpt from the zoning ordinance is in the Addenda. Determination of the use of one lot would have to be made by city officials. Permitted residential uses in mixed use districts include two-family dwellings, multi -family dwellings, mixed use, live -work units, and townhouses. IK, APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Commercial uses are only permitted on arterials and collector roads. Sites on local roads would be restricted to residential uses. City officials make the determination of allowed uses and permitted density of sites. The city of Boynton Beach is holding public hearings on the rezoning of the immediate subject market area to the west of the appraised lot from "MU -L2", maximum 30 dwelling units per acre to "MU -2", Mixed Use 2 District, maximum 40 dwelling units per acre. The effect would be an increased yield of the land to attract a developer to construct a mixed use project which might be a catalyst for further private redevelopment of the market area. However, the location of the zoning change is only on Martin Luther King, Jr. Boulevard and NE 9 Avenue, 125 feet east of North Seacrest Boulevard to two lots west of the subject. The rezoning has the support of the city, increasing the reasonable probability that the change will occur. The issue for the subject market area is to assemble sites of individual lots large enough to accommodate a new mixed use project in zoning/ land use districts which will permit them. In other sections in the Heart of Boynton with "R-2" and "R- 3" zoning districts, greater density is also recommended by increasing the Medium Density Residential district to 11 dwelling units per acre The Boynton Beach Community Redevelopment Agency (CRA) has been acquiring properties over the years. The intended use of this appraisal is to assist the CRA in purchasing the appraised property for assemblage. W APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) The appraised lot is in the Martin Luther King Boulevard Overlay Zone. The Boynton Beach zoning code states that parking space requirement shall be reduced by 50% of the standard number for properties in that zone. Site Description: The shape of the lot is rectangular. No sketch of survey is available for review. Approximate size and dimensions are from public records. North boundary on adjacent property: 50.0 feet East boundary on adjacent property: 151.5 feet South boundary on NE 9 Avenue: 50.0 feet West boundary on adjacent property: 151.5 feet Total: Approximately 7,570 square feet or 0.173 8 of an acre Utilities: All utilities are available to the site. Access: The site is accessible via NE 9 Avenue, a two- laned, local road with streetlights, but no sidewalks. The avenue intersects with Seacrest Boulevard one block to the west and intersects with North Railroad Avenue about two blocks to the east. Easements: No sketch of survey to review to note easements. If they exist, utility easements would most probably be around the perimeter of the lot. Improvements: None Environmental Assessment: No assessment was available for review. Q 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 March 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. W 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 & LiFht Co., v. Jennings, 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: March 26, 2018 B) Date of the Report: March 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 property and photographed it. A thorough investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. Data research consisted of collecting, confirming, and reporting land sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including the multiple listing service, Palm Beach County Appraiser's records, the public records, and data from the appraiser's plant. For Sales Comparison Approach -Land Valuation, land sales are compared to each other and to the property under appraisement to arrive at an opinion of value. 23 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 method used is detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinion, and conclusion is explained in that section. Cost Approach is not used because there are no structures on the site. The Income Approach is not employed in this appraisal because most land is typically purchased for immediate use, not for lease. Sales Comparison Approach is the best method to value vacant land. Exclusion of the Cost Approach and Income Approach still produce a creditable report. 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 subject property as of the effective date of 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 August 14, 2008 for $50,000. At that time, the property was improved with a residence that was later demolished and removed. A copy of the deed is in the Addenda. The amount of the sale price and date of sale are too far removed from the date of valuation to be of any relevance in this appraisal. 2-2(a)(ix) State the use of the real estate existing as of the date of value, and the use of the real estate or personal property reflected in the appraisal; The use of the real estate on the date of valuation is vacant land, and it is this use which is reflected in the appraisal. No personal property is included in the valuation. 24 APPRAISAL REPORT (continued) 2-2(a)(x) When an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion. HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant No soil or subsoil tests are available for review. However, there was a residential structure on the property in the past. The land is level and filled to street grade. Land size is approximately 7,570 square feet and rectangular in shape. All utilities are available to the site. The site is accessible via Northeast 9 Avenue. Physical constraint to develop the site is its size which governs the size and number of potential improvements which can be placed on it. Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting restrictions and restrictive covenants. Land use designation is Medium Density Residential, maximum density 9.58 dwelling units per acre. Recommended future land use is "MU - L1 ", Mixed Use Low Density, 20 dwelling units per acre. Minimum lot area would be 0.50 of an acre or 21,780 square feet. The lot concerned contains 7,570 square feet with a width of 50 feet, not meeting the standards of the "MU -L1" district. It would most probably have to be assembled with adjoining lots to meet the requisite size. Current zoning is "R-2", One and Two-family residential district. A two- family residence might be permitted; however, single family residence would not be allowed in a mixed use zoning or land use district. The city of Boynton Beach is holding public hearings on the possibility of rezoning a section of lots to the west of the subject to "MU -2", Mixed Use, 40 dwelling units per acre. The intent of the mixed use districts is to have more dwelling units in the immediate subject market area to accommodate a growing population. The old model of small one or two family dwellings on a single lot with much of the land sitting vacant is inefficient. HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Greater productivity of the land is the upcoming strategy with mixed use on a site sharing parking and recreational facilities. Thus, if the subject lot is assembled with other lots to reach the minimum lot area, the assembled site can currently be improved with 20 units per acre in the future. City officials make the determination of use and number of improvements on a site. As a stand-alone lot, the functional utility of the subject is limited. Financially Feasible as Vacant The third test of Highest and Best Use is economic feasibility. Demand for a certain property type must be evident for it to be feasible. For it to be financially feasible, the use must be marketable and provide the investor with a competitive return when compared with alternate uses. The subject market area has been improved with single-family residences and small multi -family dwellings for almost 100 years. Structures come to the end of their useful lives, improvements are razed and the sites are redeveloped with modern projects. There are examples of this cycle throughout the subject market area. New single family redevelopment projects in the subject vicinity are Ocean Breeze West with 21 homes, Eastview Park with market rate houses ranging from $255,000 to $300,000 constructed by D R Horton, and four new houses on West Martin Luther King, Jr. Boulevard sold from $166,000 to $195,000. The four houses are the result of the work of the Boynton Beach CRA and Boynton Beach Faith -Based Community Development Corporation. To date, there are no higher density residential projects or mixed use projects in the Heart of Boynton (HOB) District. The HOB District includes sections designated for higher intensity residential use along Martin Luther King (MKL), Jr. Boulevard east of Seacrest Boulevard. To have sites to accommodate larger mixed use projects, the adjoining lots to the south along NE 9 Avenue are also included. As discussed, minimum lot area would be 21,780 square feet in the recommended "MU -L1" future district. Financially feasibility for the lot concerned is to assemble it with surrounding lots to have a minimum of 0.50 of an acre to meet the standard in the future zoning/ land use district to be able to develop the site with a multi -family residential project. The most probable buyer of the subject lot would be a local developer that would construct such a project. Time for development is when the subject and adjacent lots can be improved with 20 dwelling units per acre. `1 APPRAISAL REPORT (continued) Maximally Productive as Vacant In summary, the Highest and Best Use of the appraised property as vacant is for any residential use permitted in the district permitting 20 dwelling units per acre after the lot is assembled with surrounding parcels to a size of 0.50 of an acre. Such uses would be potentially physically possible, most probably legally permissible, financially feasible and maximally productive. 2-2(a)(xi) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a)(xii) Include a signed certification in accordance with Standards Rule 2-3 See signed certification in report. 27 SALES COMPARISON APPROACH 28 LAND VALUATION W", Subject & Land Sale Locations l ( LR ".""". w E D__—u 1gH CT 13TH LAND SALE d ' N W Y 2TH AWE. V( ❑I y zl "`w`�..fiMry 4 u�rnl z n ISTH CT NE 14TH AWE N W(YTH AVE -- J —Nt''+'_13TH AVE_ LNF 137jrR AVE____ Nw 12TH RWE LAND SALE 2 II , �— NE 12TH A1.i ( LEAD SALE — III NW :PITH AVEJ LME -11T AVE �i y z� I LA�aa SALE Li NNi IOTH AVE -_ MARTIN LUTHER KING IR BLL � z ma SUBJECT _NE 9TH AVE -. J I ✓,J'�,�, LNE &TH AVE 4'—Nw 7TH CT z 1 h1.J �1 NW 7TH AVE i Nw 7TH AWE - [, I� 1� L_ NW 6TH AVE NE fiTH AVE L_NE 5TH AVE S' L � ,- �PJ"t NV!' TST$4U'�C DataDatao use subject to license. � @ DeLorme. DeLorme Street Atlas U5A172d59. 0 180 360 540 720 900 wvvw-delorme.com SAN (5.7° W) Data Zoom 15-0 Kid VACANT LAND SALES SALE NO. 1 LEGAL DESCRIPTION Lot 5, ROBERT WELLS' SUBDIVISION, Plat Book 11, page 66, Palm Beach County, FL, less the north 10 feet for road RECORDED O. R. Book 29172, Page 1071, Palm Beach County Records GRANTOR Larann Land Investments, LLC GRANTEE Boynton Beach Community Redevelopment Agency DATE OF SALE June 15, 2017 LOCATION 340 East Martin Luther King, Jr. Boulevard Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MU -Ll", Mixed Use Low Intensity SALE PRICE $50,000 LAND SIZE 7,750 square feet (50' x 155') UNITS OF COMPARISON $6.45 per square foot FOLIO NUMBERS 08-43-45-21-04-000-0050 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Grantee, Boynton Beach CRA COMMENTS Boynton Beach CRA is acquiring properties in the area to be assembled into larger sites and readied for redeveloped. 31 340 EAST MARTIN LUTHER KING, JR. BOULEVARD BOYNTON BEACH, FL 33435 W VACANT LAND SALES SALE NO. 2 LEGAL DESCRIPTION Lot 27, Block 1 of E. Roberts Addition to Boynton, FLA, Plat Book 1, Page 123 of Palm Beach County Public Records. RECORDED O. R. Book 28358, Page 1638, Palm Beach County Records GRANTOR Larann Land Investments, LLC GRANTEE Bride of Christ Tabernacle, Inc. DATE OF SALE June 6, 2016 LOCATION 199 E. Martin Luther King Blvd. (NE 10 Avenue) Boynton Beach, Florida ZONING "R-2" Residential/ Duplex FUTURE LAND USE "MU -Ll", Mixed Use Low Intensity SALE PRICE $50,000 LAND SIZE 7,000 square feet (50.00' x 140') UNITS OF COMPARISON $7.14 per square foot * FOLIO NUMBER 08-43-45-21-27-001-0270 CONDITIONS OF SALE Arm's length cash transaction. CONFIRMED Grantee: Mr. Claude Maxime COMMENTS * Purchased by adjacent Church for church parking. 33 199 E MARTIN LUTHER KING, JR. BLVD. BOYNTON BEACH, FL 34 VACANT LAND SALES SALE NO. 3 LEGAL DESCRIPTION Lots 9 and 10, Block 1, THE MEEKS AND ANDREWS ADDITION TO BOYNTON, Plat Book 5, page 84, Palm Beach County, FL RECORDED O. R. Book 29294, Page 1058, Palm Beach County Records GRANTOR Iran Guzman, et al GRANTEE Albert Thomas, et al DATE OF SALE August 10, 2017 LOCATION 309 NE 11 Avenue and 1106 NE 2 Street Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MDR", Medium Density Residential SALE PRICE $79,000 LAND SIZE 17,629 square feet (approximately 115' x 155') UNITS OF COMPARISON $4.48 per square foot FOLIO NUMBERS 08-43-45-21-22-001-0090, 0100 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Kelly Louidort for grantee COMMENTS Two adjacent lots purchased for future residential use. M LAND SALE 3 309 NE 11 Avenue & 1106 NE 2 Street Boynton Beach, FL Ki 515 NORTHWEST 11 AVENUE BOYNTON BEACH, FL 37 515 NORTHWEST 11 AVENUE BOYNTON BEACH, FL 38 VACANT LAND SALES SALE NO. 5 LEGAL DESCRIPTION Lot 13 and the East 38 feet of Lot 14, HILLTOP VILLAGE, Plat Book 24, page 70, Palm Beach County, FL RECORDED O. R. Book 29551, Page 1131, Palm Beach County Records GRANTOR Eddie Thomas et al GRANTEE Boynton Beach Community Redevelopment Agency DATE OF SALE December 21, 2017 LOCATION 230 West Martin Luther King, Jr. Boulevard Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MDR", Medium Density Residential SALE PRICE $81,500 LAND SIZE 11,648 square feet (irregular shape) UNITS OF COMPARISON FOLIO NUMBERS CONDITIONS OF SALE $7.00 per square foot 08-43-45-21-09-000-0130 Cash sale. Arm's length transaction. CONFIRMED Grantee, Boynton Beach CRA COMMENTS Boynton Beach CRA is acquiring properties in the area to be assembled into larger sites and readied for redeveloped. K1; 230 W MARTIN LUTHER KING, JR. BLVD. BOYNTON BEACH, FL est LAND SALE COMPARISON CHART Land Sale Sale Size Site Price per Sales Date Price Sg.Ft. Zoning Square Foot 1 340 E MLK, Jr. Blvd. 6/15/2017 $50,000 7,750 "R-2" $6.45 Boynton Beach, Florida 2 199 E. MLK Boulevard 06/06/2016 $50,000 7,000 "R-2" $7.14 Boynton Beach, Florida 3 309 NE 11 Ave & 1106 NE 2 St 08/10/2017 $79,000 17,629 "R-2" $4.48 Boynton Beach, Florida 4 515 NW 11 Avenue 12/21/2017 $32,500 5,000 "R 2" $6.50 Boynton Beach, Florida 5 230 W MLK, Jr. Blvd. 12/21/2017 $81,500 11,648 "R 2" $7.00 Boynton Beach, Florida SUBJECT Value Date Value Unit Value 211 NE 9 Avenue 03/26/2018 53 000 7,570 "R-2" 7.00 Boynton Beach, FL CSI SALES COMPARISON APPROACH LAND VALUATION Of the several methods to develop an opinion of land value, the one considered to be the most reliable is the Sales Comparison Approach. In this method, sales of other similar vacant parcels are compared to the site concerned; then adjusted for differences to arrive at land value. For the opinion to be supportable, there must be an adequate number of sales of similar properties for comparison to the subject. The steps of sales comparison in Land Valuation are: 1) Locate and collect information of recent sales of sites most similar to the land being appraised. 2) Verify the sales information with parties to the transactions, including details of financing and any special considerations or non -typical market features. 3) Select relevant units of comparison and develop a comparative analysis for each unit. 4) Compare and adjust the sales to the subject using the significant, market -derived units of comparison. 5) Reconcile all value indications from the comparisons into a single value opinion by this approach. The appraised vacant land contains 7,570 square feet. Current zoning is "R-2", one and two family - residential district, in the City of Boynton Beach. Recommended future land use is mixed use low intensity. A search was made to find recent sales of sites similar to the subject in the Martin Luther King Boulevard Overlay District, with two transactions included in the data set as Land Sales 1 and 2. The sales search was widened to the central part of Boynton Beach where three other similar land sales were located. The five land sales in the report are most representative of market value for the land being valued. Details of the transactions are on the sale sheets and chart. The unit of comparison relevant to this valuation is Sale Price per Square Foot of Land. The range of unit prices is from $4.48 per square foot to $7.14 per square foot of land. ELEMENTS OF COMPARISON Elements of comparison are the characteristics of transactions and properties that cause variation in prices paid for real estate. The Appraisal of Real Estate continues by stating that there are basic elements of comparison that may he considered in sales comparison analysis for land valuation. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale and market conditions. This second group of property elements consists of location, physical characteristics and use. Each element is hereafter addressed. (Continued) E, 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 real property right conveyed in the land sales was fee simple interest, the same interest valued for the land in question. No numerical adjustment is warranted for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. All of the land sales were in cash, which is the most common form of payment for vacant lots in the subject area. No adjustments are made for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market, the result of an eminent domain proceeding, or tax consideration. The land sales cited in this report are arm's length transactions. The Boynton Beach Community Redevelopment Agency (BB CRA) purchased Nos. 1 and 5 in negotiated sales at market prices. Grantors and grantees of Land Sales 2, 3 and 4 were private parties. The data show the BB CRA is paying the market rate for land in the subject area. No adjustments are necessary for conditions of sale. (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. Four of the sales occurred in 2017, and one in 2016. All of the land sales occurred during market conditions which are similar to those at the time of valuation. Hence, no adjustment is necessary for this element of comparison. Adjustments 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. Locations of the appraised parcel and the land sales are in central Boynton Beach, where the peak of construction took place in the mid -twentieth century. Redevelopment is occurring because old improvements are razed to make way for new residential and commercial projects, most with the financial support or incentives from governmental and social agencies. Land Sale 1 was purchased by the Boynton Beach Community Redevelopment Agency, the primary buyer of properties in the subject market area. Future plan for the subject market area is to assemble sufficient land to be of a size to be attractive to a private developer to purchase for a new residential, commercial or mixed use project. Land Sales 1 and 2 border East MLK, Jr. Boulevard, a main neighborhood thoroughfare with an improved streetscape. Land Sales 3 and 4 are situated along neighborhood streets. No. 5 fronts West MLK, Jr. Boulevard, west of Seacrest Boulevard. The lot concerned along with Sales 1 and 2 are in a future land use district potentially permitting 20 dwelling units per acre for a mixed use project if they are part of a larger parcel containing at least 0.50 of an acre. (Continued) 44 LAND VALUATION (Continued) For Land Sales 3, 4 and 5, future density by land use would be 11 units per acre, or they could be improved with single family dwellings or two family dwellings. The new mixed use districts do not allow single family use. Thus, there is the potential for future, higher density for Land Sales 1, 2 and the subject, but 0.50 of an acre (21,780 square feet) of land is required for such a mixed use project. There are no sales of larger sized tracts in the subject market area. Even though the subject and all of the land sales are zoned "R-2," the lot under appraisement, Sale 1 and Sale 2 have the potential of being improved with a higher intensity project. Further, the subject, Sales 1 and 2 are in the Martin Luther King Boulevard Overlay District. Therefore, more emphasis is placed on the land sale unit prices of Sales 1 and 2 for this element of comparison. 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. As mentioned, the appraised lot contains approximately 7,570 square feet, closest in size to Land Sales 1 and 2. No. 3 consists of two lots; No. 5 is a lot plus part of another. The physical characteristics of Sales 1 and 2 are more similar to the lot in question, with their unit prices being the better indication of unit value for the lot in question. Use For sites to be comparable, they should have similar uses. Highest and best use for the land concerned along with Land Sales 1 and 2 is to be assembled with adjacent lots to have at least 0.50 of an acre for a mixed use project. More emphasis is placed on the unit prices of these land sales for the final value opinion. Land Sales 3, 4 and 5 could also be assembled with adjacent lots for lower density residential projects. The elements of comparison of location and use are closely related in this data set. Land Sales 1 and 2 are more similar to the subject for these elements of comparison. EIR FINAL VALUE OPINION Following is a summary of the square foot unit sale prices for the five land sales: Land Sale Sale Price per Sguare Foot 1 $6.45 2 $7.14 RM 4 $6.50 $7.00 The elements of comparison of location and use place the unit value of the appraised land close to the unit sale prices of Land Sales 1 and 2 at $7.00 per square foot. The quantity of the comparable data is sufficient to have an overview of the market for lots in the mid-section of the city of Boynton Beach. The quality of the data is good in that it provides a sound basis to develop an opinion of value for the land under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property as of March 26, 2018 is: $7.00/sq.ft. x 7,570 square feet = FIFTY-THREE THOUSAND DOLLARS CERTIFICATION I certify that, to the best of my knowledge and belief, the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no bias or personal interest with the parties involved. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475, Part 11 F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property that is the subject of this report on March 16, 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. March 26, 2018 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-Certifi ed General Real Estate Appraiser No. RZ-85 March 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 inspected the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included, the subject is analyzed as though free and clear of liens and encumnbrances. 3. No responsibility is assn ned for legal matters, nor is an opinion of title rendered. Title is assn ned to be good and held in Fee Simple, unless excepted. 4. Legal descriptions and property dimensions have been furnished by others; no responsibility for their correctness is assn ned. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not carry with it the right of publication, duplication, or advertising using the writers' names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Where divisions are made between land, improvements, etc., the values estimated for each apply only under the cited use or uses. 9. The value applies ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present, past or contemplated interest in the subject of this report - unless specifically stated. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. Soil or sub -soil contarnination may exist from current or prior users, or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey, Endangered Species Survey, or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use, and possibly, value of the appraised property. The appraisers are not qualified to identify these factors. We recornmend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions, and opinions of real estate set forth in this report. No one else provided significant professional assistance to the signers of this report. 16. Prospective value is based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events which might alter market conditions upon which market value opinion has been developed. 17. The appraisers certify that they have the knowledge and experience required to perforn this appraisal assignment. 18. The appraisers reserve the right to amend or change this report at any time additional market information is obtained which would significantly affect the value. Jesse B. Vance, Jr., MAI, SRA, ASA State -Certified General Real Estate Appraiser No. RZ 85 March 26, 2018 &�W40a//o/wm_ Claudia Vance, MAI State -Certified General Real Estate Appraiser No. RZ 173 March 26, 2018 48 ADDENDA RETURN TO: PREPARED BY: =f!Seyboth 161ark Title of Florida, Inc. 4A Blvd., Ste. 304-B Ph Gardens, FL 33418 File #: -4376 Property Parcel No.: 08-43-45-21-18-000-1700 loll 111111111111111111 CFN 20080321452 OR HK 22833 FG 1160 RECORDED 08/29/2008 09:31:15 Palo Beach County, Florida AMT 50.000.00 Doc Stamp 350.00 Sharon R. Bock,CLERK a COMPTROLLER Pgs 1160 - 1161; (2pgs) (Space Above This Line for Recording Data) WARRANTY DEED THIS WARR DEED made and executed the day ofAl 2008, by STANLEY WATSON, a person, hereinafter called the grantor, to LARANN, LLC, a Florida limited liability company, whose o ,ice address is as follows: 11,`teral Highway, Ste. 202, Boynton Beach, FL 33436 hereinafter called the grantee: (Wherever used herein the terms " t " and "grantee" include all the parties to this instrument and the heirs, legal representatives and ass' dividuals, and the successors and assigns of corporations) WITNESSETH: That the grans d in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby c ledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the grantee, all that certain land situate in PALM BEACH County, Florida, viz: Lot 170, of ARDEN PARK, ADDITION TO BOYNTON, FLA, according to the Plat thereof, as recorded in Plat Book 2, at Page 96, of the Public Records of Palm Beach County, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. SUBJECT TO restrictions, reservations, covenants, and easements of record, if applicable. F:\WORDDOC\Mae\Closing Docs4376\M-WD-1 to Corp.doc A Book22833/Page1160 Page 1 of 2 2/25/05 TO HAVE AND TO HOLD, the same in fee simple forever. tAND the grantor hereby covenants with said grantee that it is lawfully seized of said land in fee 1 hat the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fu arrants the title to said land and will defend the same against the lawful claims of all persons wh Ver; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 200 . 0 �TNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first abov ltten. Signed, seals delivered in our presence: First W• ness Sign atu • STANLEY WATSON A Address: ei \ lJ tr Q-11 A. (Printed Name) 0 11 ec ad Witness S knatp •e (Printed Name) STATE OF FLORIDA § § COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _'= day of V 2008, by STANLEY WATSON, who is personally known to me or who has produced iderAilicatioh as referenced below. �e 1 STANLEY WATSON Identification: K ` l�.�S C�,CI gp WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE. ota Public (SEAL) Printed Name: My Commission expires: FAWORDDOC\Mae\Closing Docs\4376\M-WD-1 to Corp.doc °..ar off¢ Notary Public Stare of Florida : r fl lie T Bennett a ^ , Commission OD658764 orf`°a Expires 0611 1 /20 1 1 2/25105 61 Book22833/Page1161 Page 2 of 2 E. R-2 Single and Two-family Residential District. 1. General. The purpose of the R-2 zoning district is to implement the medium density residential (MeDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to stabilize and protect existing residential neighborhoods with densities no greater than ten (10) dwelling units per acre, and allowing limited types of non- residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS R-2 District Minimum lot area (per unit): 4,500 s.f.1 Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet2 Rear: 25 feet3 Interior side: 10 feet2 Corner side: 25 feet2,3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum Floor Ratio Area (FAR) 0.104 Maximum structure height: 25 feet5 1 Single-family dwellings shall be constructed on lots that are no less than six thousand (6,000) square feet. 2 Pursuant to Section 8.B. below, parcels that have frontage on Martin Luther King Jr. Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front, side interior, and side corner setbacks in accordance with the mixed use -low intensity 1 zoning district (see Section 6.11. below). 3 On corner lots, the side setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks, the comer lot shall provide for front yard setbacks along both streets. when two (2) front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. 4 A floor area ratio (FAR) up to 0.10 maybe considered for non-residential uses allowed within the R-2 district (see "Use Matrix" — Chapter 3, Article IV, Section 3), pursuant to the medium density residential land use category of the Comprehensive Plan. 5 Not to exceed two (2) stories. 52 D. R-1 Single-family Residential District. 1. General. The purpose of the R-1 zoning district is to implement the moderate density residential (MoDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half (7.5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-8). The following lot and setback requirements shall be observed: BUILDING/SITE REGULATIONS R-1 District Minimum lot area: a 6,000 s.f. Minimum lot frontage: 60 feet Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single -story building additions: I Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Comer side: 25 feet2 Minimum living area: 1,200 s.f. Maximum lot coverage: 50% Maximum structure height: 30 feet 53 v LD Q U x w C NO z z z z o 0 a w tn w w z z C 0 0 N N N kn y o YC a� YC a� O O ry a w w w v, O to O M y Q 00 O O o a� O o tn ^i Q' O O Q' x to z OO � N C kn z Q' O O Q' z z Q' O O Q' z 00z o o ¢ d to z C> 00tn z a� r Cd Cd on v to cd > C6 Q U � o .. 0 �, bye O �i Ow^ U oz 0 0'.2 > U as a o Z w'° v LD z z z z z z z z 00 w w w w z z z z z w w w w z z z z z 00 z z z z z z z z N N N N O U z z z z z z z z O M N r— N O N / Fri O N O kn O to O kn O kn M M O kn O kn 44 O N O by o 0 0 0 0 0 0 0 O kn O O O O O O O N N N <M N A4 o 0 0 0 0 0 0 0 M N -•� N N �n �n �n �n �n M �n �n yr Cd •.Ofir Cd � y bA y s, O cd to to 0-4 AC7 U U U w .. r� r� U rx U ---� EJ Sec. 11. Nonconforming Regulations. A. Lots and Parcels. 1. R-1 District, R -IA District, R-2 District, and R-3 District. A detached single-family dwelling may be constructed on any parcel located in an R-1, R-1 A, R-2, or R-3 district, provided that it meets all of the following requirements: a. The parcel contains at least one (1) whole platted lot, platted prior to August 7, 2001; b. The parcel, or assemblage of platted parcels which individually meet the requirements of paragraph a. above, has a frontage of not less than fifty (50) feet, and a lot area of not less than five thousand (5,000) square feet (irregular, other than rectangle -shaped lots with less than five thousand (5,000) square feet of area may be developed if in conformance with all other lot regulations); c. All such parcels, when developed, shall comply with all provisions of the Land Development Regulations and applicable building code regulations, including without limitation sections of the building code regulations regarding the impact of construction and drainage on or to adjacent properties. -- N 2. R-2 District. Within R-2 districts, in subdivisions platted prior to the effective date of these Regulations, where the platted lots have a frontage of at least forty (40) feet but less than fifty (50) feet, the following rules shall apply: a. A detached single-family dwelling may be constructed on any such parcel, provided that the parcel contains at least one (1) whole platted lot. b. A duplex dwelling may be constructed on any parcel, provided that it meets the following requirements: (1) The parcel contains at least two (2) whole platted lots; (2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels to become nonconforming or more nonconforming. c. For any parcel, lot, or combination of lots, where the total frontage is equal or greater than one hundred twenty (120) feet, and the total area is greater than twelve thousand (12,000) square feet, said property shall not be developed except in accordance with the minimum frontage and lot area required in the R-2 zoning district. d. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of these Regulations. 3. R- I AA District. A detached single-family dwelling may be constructed on any parcel located in an R-1 AA district, without requiring a variance, provided that it meets the following requirements: a. The parcel contains at least one (1) whole platted lot. b. The parcel has a frontage of not less than sixty (60) feet, and a lot area of not less than six thousand, seven hundred fifty (6,750) square feet in area. c. It would not be possible to acquire property from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming. For any parcel or lot, or combination of lots under the same ownership, where the total frontage and the total area is equal to or greater than that which is required by the R -IAA district building and site regulations, said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district. Not more than one (1) parcel or lot, or combination of lots under the same ownership, that is nonconforming but which meets the requirements under b. above may be developed for a single- family house. 56 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 1 of 3 0 Sec. 2. Standards. A. General. 1. Rules and Methodology. a. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in this article. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use, plus the floor area occupied by all other enclosed spaces, including but not limited to storage rooms, maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. b. Where several principal uses exist in one (1) structure or on one (1) lot, parking space requirements shall be computed separately for each principal use, unless stated otherwise in this article. Where parking spaces are required in this article for each of several principal uses that commonly occur together, this is done for the purpose of clarification only, and shall not limit the application of the requirement contained in this paragraph. c. A use shall be considered a principal use, for the purposes of this subsection, if it could exist separately from all other uses in the same structure or on the same lot, and would by itself generate significant parking demand. d. Where several principal uses exist in one (1) building or part of a building, and the floor area of each principal use cannot be clearly delineated, the parking space requirement for the use requiring the greatest number of parking spaces shall apply. e. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the Director of Planning and Zoning or designee. f. Where the number of required parking spaces as computed includes a fraction, the number of required parking spaces shall be the computed number rounded to the next highest whole number. g. Except as provided in Section 3.E. below, there shall be provided, at the time of the erection of any structure or establishment of any use, a number of off-street parking spaces in accordance with the following minimum requirements, and subject to the parking requirements of this subsection. Where a structure or use is enlarged or increased in capacity by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or which requires additional parking spaces, the minimum number of parking spaces shall be computed by applying these requirements to the entire structure or use. 2. Minimum Number of Required Off -Street Spaces for Non -Residential Uses. No fewer than four (4) parking spaces shall be provided for any non-residential use. 3. Location of Off -Street Parking Areas. a. Residential. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. b. Non-residential. Required parking spaces for all non-residential uses shall be owned by the owner of the building or lot to be served, and shall be located on the same lot, or not more than three hundred (300) feet distance, unless the property is located within those areas defined within the adaptive re -use section of the Code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within three hundred (300) feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. B. Table 4-17. Residential and Lodging Uses. I Residential and Lodging Uses I Standard Number of Required Parking Spaces 57 h4://www.amlegal.com/nxVgateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 2 of 3 Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Single-family, duplex dwelling, or mobile home: 21 Efficiency or one (1) -bedroom apartment: 1.51,2 Within mixed use high district: 1.332 Two (2) or more bedroom apartment: 21,2 Within mixed use high district: 1.661'2 Dormitories: 1 per unit Hotel & motel units containing one (1) -bedroom: 1.25 per unit Within mixed use high district: 1 per unit Hotel & motel suite containing two (2) or more bedrooms: 2 per unit Within mixed use high district: 1 per unit Group home (types 1 through 4): 1 per 3 beds Bed & breakfast: 13 Live/work unit: 1 per 2 units4 1 Residential driveways shall satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi -family dwelling units containing garages, provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. For all required parking spaces not located within an enclosed garage, the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and corner side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter 2, Article II, Section S.B.; however, any driveway expansion (or similar impervious surface) that is equal to or greater than eight hundred (800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway, proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article III, Section 4. 2 Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three (3) or more dwelling units. 3 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one (1) parking space for each guest unit. Newly created parking may be located only in the rear and side yard. 58 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 3 of 3 4 In addition to the required parking for the residential unit, the city requires that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. 59 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... 1/8/2015 E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE, URBAN MU -Ll MU -L2 MU -L3 MU -4 FH Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)' 100 100 1502 200 200 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum Height (ft.)5 45 65 75 100 150/1256 Maximum Density (DUs/Acre)14, 16 20 30 40 60 80 Maximum F.A.R.15 1.0 2.0 3.0 4.0 4.0 Build -to -line (ft.)" All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirementio Abutting a Local street Oto 010 010 010 010 Interior side Oto 010 010 010 010 Building Setback, Minimum (ft.)" Rear abutting: Residential single-family 25'/0'° s 257 257 257 257 Intracoastal waterway 257 257 257 257 257 Side abutting Residential single-family 25'/0'° s 257 257 257 257 Usable Open Space, Minimum (sq. ft.)L3 N/A N/A N/A 1% 2% 1. May be reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway. 5. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. [4 6. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any MU -L or residential zoning district not separated by a right-of-way. 7. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 8. Where there is an intervening right-of-way of at least forty (40) feet. 9. Subject to perinitting agency approval. 10. Buildings and structures shall be located no farther than zero (0) feet from the property line, except in conjunction with providing required visibility at intersections, driveways; open spaces and public plazas; or when additional setback is necessary to provide for required "Pedestrian Zone (PZ). Building placement is a factor of roadway type and CRA district, which determines the min. width and design of the PZ. Except for the Downtown District, where the minimum PZ width is 18', the minimum PZ in all other districts if 16 ft. See Section 5.C.2. below for additional relief provisions from build -to line requirements. 11. Listed eligible historic structures are not required to meet these standards. 13. Usable open space shall be required for all developments two (2) acres in size or larger which shall be devoted to plazas or other public open space, excluding private recreation. See Chapter 4, Article III, Section 8 for additional regulations. 14. Projects within the transit core shall have minimum densities as follows: MU -1 - eleven (11), MU -2 - twenty (20), MU -3 - thirty (30), MU -4 - thirty-five (35) and MU -H - forty (40) dwellings per acre (except that minimum density for the MU -H district applies to projects located within the entire station area). 15. Projects within the transit core shall have a minimum FAR as follows: MU -L3 -one and three-quarters (1.75), MU -4 (2.0) and MU -H - two (2.0) (except that minimum FAR for the MU -H district applies to projects to be located within the entire station area). 16. The maximum density for projects within the Downtown Transit -Oriented Development District Overlay Zone (the Station Area) may be increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 14-009, passed 7-1- 14; Am. Ord. 15-006, passed 3-2-15; Am. Ord. 16-023, passed 1-3-17) X Sec. 2. Standards. N Sec. 3. Special Reductions in Required Off -Street Parking. The following provisions to reduce the number of required off-street parking spaces shall be utilized individually and not in conjunction with each other or with any other provisions to reduce parking within this article. NOTE: Calculation of needed handicap accessible off-street parking spaces shall be pursuant to the base parking requirements and not based on the reduced parking requirements described by this section for which a project may be eligible (also see Section 5 below regarding Handicap Accessible Off -Street Parking). A. Minimum Parking (Five Percent (S%) Reduction). For all non-residential uses, the total number of required off-street parking spaces may be reduced by up to five percent (5%) of the standard number of required parking spaces for the use(s) to which they are assigned. 1. Applicability. This provision to reduce the standard number of required parking spaces shall only apply when the following conditions are met: a. The reduction in the number of parking spaces shall not cause the development to be noncompliant with Section 2.A. above; b. Shall only apply to non-residential uses; and c. Shall not be applied in conjunction with other provisions to reduce the number of required off-street spaces pursuant to this article. 2. Criteria. The following criteria shall be used in the evaluation of a request to reduce the standard number of required parking by five percent (5%): a. Landscaped areas within off-street parking areas shall be maximized and enhanced, and existing plant material, particularly mature shade trees should be preserved to the maximum extent possible, to help reduce ground -level absorption of solar radiation; b. Impervious surfaces shall be minimized; and c. Pedestrian connections shall be enhanced. 3. Methodology. Where the reduction in the number of required parking spaces as computed includes a fraction, the reduced number of parking spaces shall be the computed number rounded down to the lowest whole number. B. Joint Access/Parking. In all districts, when two (2) or more abutting properties combine their on-site parking with common access drives and interconnectivity for both vehicular and pedestrian use, the total number of required parking spaces may be reduced by ten percent (10%). A review for this type of parking reduction shall be conducted by staff upon the submittal of a cross -parking agreement between property owners in conjunction with a request for a new site plan or site plan modification in accordance with Chanter 2, Article II, Section 2.F. C. Shared Parking. Mixed use developments may utilize the following required parking methodologies based upon shared parking with different hours of use. The total requirement for off- street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be calculated and certified by a licensed traffic engineer using "Shared Parking, Second Edition", U.L.I., 2005, or other acceptable methodology. -- FANCE Quantitative evidence may also include, where appropriate, field studies and traffic counts prepared by a traffic consultant experienced in the preparation of parking studies. In addition, a minimum buffer of ten percent (10%) shall be provided to ensure that a sufficient number of parking spaces are available at the peak hour/peak season of parking demand. Calculation of said buffer shall be based on the total number of parking spaces determined to be required at the peak hour/peak season of parking demand. Evidence for joint allocation of required parking spaces shall be reviewed for accuracy and appropriateness. D. Martin Luther King Boulevard Overlay Zone. Parking space requirements shall be calculated in accordance with Section 2 above and shall be reduced by fifty percent (50%). E. Payment in Lieu of Parking. The payment in lieu of parking option is applicable within the central business district (hereinafter CBD) and those areas described under Section 4, "Exceptions to Providing Required Off -Street Parking," A. "Adaptive Re -Use," below. 1. Applicability. Within these areas at the time of any new building construction, off-street parking spaces shall be provided as required by this article and Chapter 3, Article III, Section 3.E. 2. Fee (Method of Assessment). Up to ten percent (10%) of the required parking for new construction and twenty-five percent (25%) of the parking required under the adaptive re -use provisions below in Section 4, as set forth in this subsection, may be satisfied in whole or part by the payment of a non-refundable parking improvement fee in lieu of the provisions of the required off- street parking spaces. Parking improvement fees shall be assessed as follows: The engineer for the applicant shall submit a signed and sealed cost estimate for the construction of structured parking spaces. The estimate shall be broken down by individual spaces, including design, land, and construction cost. If necessary, an outside professional may be retained by the city to review the applicant's cost estimate. The applicant shall pay the retainer fees associated with the review of the cost estimate by the city's consultant. Once reviewed and accepted by the City Engineer or designee, the parking improvement fee in the amount of one hundred ten percent (110%) of the estimate shall be paid to the city in full, prior to the issuance of the first building permit for the project. Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject to use by the city for parking related improvements in the geographic areas to which this subsection applies. 3. Additional Requirements. Whenever a payment in lieu of parking is authorized and accepted, the following additional requirements shall apply: a. Any off-street parking arrangement satisfied in this manner shall run with the land, and any subsequent change of use which requires more parking shall require recalculation of the payment in lieu of parking fee. b. No refund of payment shall be made when there is a change to a use requiring less parking. 4. Parking Trust Fund. In addition to land acquisition and the construction of parking spaces, the funds collected may be used to inform the public about parking resources or transit programs, as well as to promote alternative programs intended to alleviate parking congestion, such as the use of a trolley or shuttle system or the construction of bicycle lane facilities. NOTE: With the 50% special reduction in parking for the subject in the Martin Luther King, Jr. Overlay District, the subject, with 100' frontage, meets the requirement for 10 parking spaces 63 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. 64 475.611 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. M -i Page 1 of 5 Vance Real Estate Service Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser - Real Estate Analyst - Reviewer - Expert Witness Vance Real Estate Service - 7481 NW 4 Street - Plantation - Florida - 33317 Office: 954.583.2116; Cell: 954.610.2423; Email: vanceval(a,comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran -Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Currently registered in "SAM" (U.S. Government System for Award Management — DUNS 826494957). Designated appraisers perforin the appraisal work, no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers, we perforin most other real property functions. We also do "Valuations for Financial Reporting." PROFESSIONAL QUALIFICATIONS A) PROFESSIONAL DESIGNATIONS/ DEGREES/ LICENSES & CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS (RE -Urban) 4003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE -CERTIFIED GENERAL REAL ESTATE APPRAISER 4RZ-85 (Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO. BK. 91050 REGISTERED VETERAN -OWNED SMALL BUSINESS (CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE (Minority Business Enterprise - MBE) FLORIDA "D.E.P." APPROVED APPRAISER Currently registered in "SAM" (U.S. Governinent System for Award Management). B) QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1. U.S. Court of Appeals, Eleventh Circuit 2. U.S. District Court, Southern District of South Florida 3. U.S. District Court, New Jersey 4. U.S. Bankruptcy Court, Southern District of Florida 5. U.S. Bankruptcy Court, District of New Jersey 6. U.S. Bankruptcy Court, Western (Pittsburgh) Division of Pennsylvania 7. Florida Circuit Courts: Broward, Dade, Patin Beach, Lee, Collier, Martin, and Okeechobee Counties 8. Appraiser on landmark eminent domain cases: TESSLER, NESS TRAILER PARK, PATEL, SIMPSON v. FILLICHIO, RUBANO, PALM BEACH COUNTY (FL) vs. COVE CLUB INVESTORS, LTD. C) EXPERIENCE Over thirty-five (35) years appraising and analyzing real property interests in South Florida. Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS & NURSING HOMES, VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR) VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF -STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS, etc. Page 2 of 5 D) PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landmark Bank; City National Bank; BankUnited; Gateway American Bank; State Farrn Bank; Englewood Bank & Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH, COLLIER, OKEECHOBEE; BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS; OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U_S. TREASURY DEPARTMENT (General Counsel, I.R.S.); U.S. MARSHAL'S SERVICE —U.S. ATTORNEY'S OFFICE CENTRAL DIVISION —U.S. Dept. of Justice; VETERANS ADMINISTRATION E) EDUCATIONAL BACKGROUND - (Partial List) BACHELOR OF ARTS - Earlham College, Richmond, Indiana (1954) MBA (Nova University) - Real Estate Management & Development (National Dean's List 1991) Course 1 (AIREA) - Basic Principles of Appraising Course 2 (AIREA) - Urban Property Valuation (Income) Course 4 (AIREA) - Condemnation Appraising Course 6 (AIREA) - Income Capitalization & Analysis Course 101 (SREA) - Introduction to Appraising Course 201 (SREA) - Income Property Valuation, Theory Course 202 (SREA) - Applied Income Property Valuation Course 301 (SREA) - Applications/Appraisal Analysis Symposium (SREA) - Market Analysis, 1978, Virginia Symposium (SREA) - Market Analysis, 1979, Arizona Symposium (SREA) - Market Analysis, 1980, South Carolina Symposium (SREA) - Market Analysis, 1981, Tennessee Symposium (SREA) - Market Analysis, 1982, New Mexico Symposium (SREA) - Market Analysis, 1983, Pennsylvania Symposium (SREA) - Market Analysis, 1984, Georgia Symposium (SREA) - Market Analysis, 1985, Vancouver, B.C. Symposium (SREA) - Market Analysis, 1986, New Jersey Clinic (SREA) - #201 Instructor, 1987, U. of Illinois Clinic (SREA) - #201 Instructor, 1988, Illinois Seminar (SREA) - Professional Practice, 1988, Florida Symposium (SREA) - Market Analysis, 1988, California Symposium (SREA) - Market Analysis, 1989, Minnesota MBA Graduate School Courses: 1990 — 1991 Successfullv completed the followine eraduate school courses - "Regulation of Real Estate Development" - "Real Properties Management" - "Legal Issues In Real Estate" - "Market Analysis and Site Selection" - "Organizational Behavior and Management"' - "Human Resource Management" - "Real Estate Economics" - "R. E. Finance: Instruments, Institutions & Investment Analysis" - "Urban Infrastructure & Environmental Analysis" - "Real Estate Accounting" - "Marketing Management for Real Estate" - "Commercial Real Estate Lending" - "Construction Technology and the Building Development Process" SEMINAR (AI) - Cost Approach (1992/Boston) SEMINAR (AI) - Rates & Ratios (1992/Boston) SEMINAR (AI) - International Appraising (1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial (1993) SEMINAR (AI) - ADA ACT (1993/Reno) SEMINAR (AI) - Hotel Valuation (1993) SEMINAR (AI) - Income Capitalization, Methods (1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation (1994) SEMINAR (AI) - Verifying Market Data (1994) SEMINAR (AI) - Market Studies for Appraisals (1994) SEMINAR (AI) - Florida Appraiser Core Law (USPAP/1994) 67 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) 68 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) ts1; 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). 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 rit I of 4 Vance Beal Estate Service Claudia Vance, MAI Appraiser - Real Estate Analyst Reviewer Vance Real Estate Service - 7481 NW 4 Street Plantation - FL - 33317 Office: 954.583.2116 Cell: 954.647.7148 Email: vancevalgatt.net Web Site: www.vancerealestateservice.com Vance Real Estate Service is a Veteran -Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Designated appraisers perforin the appraisal work, no trainees. Our appraisals are used for financial/ mortgage loan purposes from large mixed use complexes to small owner- occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B. Vance, Jr., MAI, SRA, ASA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, deficiency judgments, marriage dissolution, and estates. Our firm values most types of real property interests, timely, professionally, and at competitive costs. PROFESSIONAL QUALIFICATIONS A) PROFESSIONAL DESIGNATIONS/ LICENSES MAI Designation - APPRAISAL INSTITUTE No. 9451 State -Certified General Real Estate Appraiser No. RZ-173 Florida State Licensed Real Estate Broker No. BK 0161305 VOSB Veteran -Owned Small Business (CCR/Duns 826494957) B) WORK HISTORY 1983 - Current Vice President - Vance Real Estate Service 1981-1983 President - The Appraisal Company, Fort Lauderdale, Florida 1979-1981 Staff Appraiser - Real Property Analysts, Inc., Fort Lauderdale, Florida 1976-1980 REALTOR -Associate - The Atwood Corporation, Fort Lauderdale, Florida 1973-1975 Teacher of Secondary Language Arts in the Jefferson Parish School in Louisiana C) QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S. Bankruptcy Court, Southern District of Florida Florida Circuit Court: Broward County D) APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 E) EXPERIENCE: 35+years appraising and analyzing real property interests in South Florida. Partial list of real property types valued: High value residences, Condominiums/ Co-operatives, Office, Industrial, Multi -family, Restaurants/ bars, Auto dealerships, City Centers, Hotels/ inotels, Houses of worship, Schools, Child care centers, Self -storage, Funeral home, Animal Hospital, Mixed use, Nursing homes, Gas sales stations, Marinas, Mobile home parks, Shopping centers, Country clubs/ golf courses, Financial institutions, Bowling centers, Vacant land, Agricultural properties, Environmentally sensitive land Types of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investiment Analyses, Partial Interests, Easement Valuations, Estate planning, Marriage dissolution, Land use studies, Damage/ Contamination studies r`i 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) r` 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) 73 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 74 APPRAISAL REPORT VACANT LAND 342 NORTHEAST 11 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 March 26, 2018 March 26, 2018 Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 RE: Vacant land, 342 Northeast 11 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 March 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. NINE THOUSAND DOLLARS $9,000 (THIS LETTER MUST REMAINATTACHED TO THE REPORT KITH SEVENTY-FIVE (75) NUMBERED PAGES FOR THE VALUE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA State -Certified General Real Estate Appraiser RZ-85 Claudia Vance, MAI State -Certified General Real Estate Appraiser RZ-173 MBA in REAL ESTATE DEVELOPMENT & MANAGEMENT 7481 Northwest 4`h Street, Plantation, FL 33317-2204 954/583-2116 TABLE OF CONTENTS Pate Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION 4 Photos of the u sect Property 5 1-3-5 Mile Location Map 7 1-3-5 Mile Summary of Demographic Statistics Summary Important Facts Conclusions 8 10 of and 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 and Legal Description 12 Real Estate Tax Analysis 13 Market Area Description 14 Zoning 18 Site Description 21 Real Property Interest Appraised 22 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 24 Property History 25 Highest and Best Use 25 SALES COMPARISON APPROACH- LAND VALUE 29 Land Sales es Location Map 31 Land Sales Documentation 32 Land Sales Comparison Chart 43 Valuation by Sales Comparison 44 FINAL VALUE OPINION 48 Certification and Limiting Conditions 49 ADDENDA 51 Acquiring deed 52 "R-2" zoning ordinance excerpt 53 "MU" zoning ordinance excerpt 61 Martin Luther King Blvd Overlay Zone parking requirement 63 USPAP Standards Rule 2-2a 65 Qualifications of the Appraisers 67 INTRODUCTION VIEW OF THE APPRAISED LAND, LOOKING SOUTH STREET SCENE OF NE 11 AVENUE, LOOKING WEST 1-3-5 MILE RADII FROM THE VALUED PROPERTY 342 NE 11 Avenue Boynton Beach, Florida 33435 342 NE 11th Ave, Boynton Beach, Florida, 33435 Rings: 1, 3, 5 mile radii VANCE REAL ESTATE SERVICE In the identified area, the current year population is 189,728. In 2010, the Census count in the area was 175,395. The rate of change since 2010 was 1.09% annually. The five-year projection for the population in the area is 200,943 representing a change of 1.16% annually from 2017 to 2022. Currently, the population is 47.9% male and 52.1% female. The median age in this area is 41.2, compared to U.S. median age of 38.2. 1 mile 3 miles 5 miles Population 4,657 34,293 74,856 2000 Population 12,212 71,432 157,141 2010 Population 12,469 80,718 175,395 2017 Population 13,937 88,526 189,728 2022 Population 14,996 94,301 200,943 2000-2010 Annual Rate 0.21% 1.23% 1.11% 2010-2017 Annual Rate 1.55% 1.28% 1.09% 2017-2022 Annual Rate 1.48% 1.27% 1.16% 2017 Male Population 49.1% 47.9% 47.9% 2017 Female Population 50.9% 52.1% 52.1% 2017 Median Age 41.2 43.4 46.0 In the identified area, the current year population is 189,728. In 2010, the Census count in the area was 175,395. The rate of change since 2010 was 1.09% annually. The five-year projection for the population in the area is 200,943 representing a change of 1.16% annually from 2017 to 2022. Currently, the population is 47.9% male and 52.1% female. The median age in this area is 41.2, compared to U.S. median age of 38.2. 4,476 31,011 68,455 Race and (Ethnicity 4,657 34,293 74,856 2017 White Alone 35.4% 60.5% 65.3% 2017 Black Alone 58.3% 30.7% 25.2% 2017 American Indian/Alaska Native Alone 0.5% 0.3% 0.5% 2017 Asian Alone 0.8% 2.0% 2.3% 2017 Pacific Islander Alone 0.0% 0.0% 0.0% 2017 Other Race 2.6% 3.6% 4.0% 2017 Two or More Races 2.3% 2.8% 2.7% 2017 Hispanic Origin (Any Race) 11.4% 17.3% 18.4% Persons of Hispanic origin represent 18.4% of the population in the identified area compared to 18.1% of the U.S. population. Persons of Hispanic Origin may be of any race. The Diversity Index, which measures the probability that two people from the same area will be from different race/ethnic groups, is 65.7 in the identified area, compared to 64.0 for the U.S. as a whole. 2000 Households 4,476 31,011 68,455 2010 Households 4,657 34,293 74,856 2017 Total Households 5,274 37,565 80,494 2022 Total Households 5,700 39,990 85,005 2000-2010 Annual Rate 0.40% 1.01% 0.90% 2010-2017 Annual Rate 1.73% 1.26% 1.01% 2017-2022 Annual Rate 1.57% 1.26% 1.10% 2017 Average Household Size 2.61 2.33 2.33 The household count in this area has changed from 74,856 in 2010 to 80,494 in the current year, a change of 1.01% annually. The five-year projection of households is 85,005, a change of 1.10% annually from the current year total. Average household size is currently 2.33, compared to 2.32 in the year 2010. The number of families in the current year is 46,730 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. March 27, 2018 8 342 NE 11th Ave, Boynton Beach, Florida, 33435 Rings: 1, 3, 5 mile radii VANCE REAL ESTATE SERVICE Current average household income is $74,995 in this area, compared to $80,675 for all U.S. households. Average household income is projected to be $85,321 in five years, compared to $91,585 for all U.S. households Current per capita income is $32,248 in the area, compared to the U.S. per capita income of $30,820. The per capita income is projected to be $36,512 in five years, compared to $34,828 for all U.S. households Housing 1 mile 3 miles 5 miles Median Household Income 5,245 36,991 81,592 2017 Median Household Income $38,331 $48,659 $51,460 2022 Median Household Income $42,000 $54,219 $57,494 2017-2022 Annual Rate 1.85% 2.19% 2.24% Average Household Income 5,909 43,380 93,555 2017 Average Household Income $59,091 $68,142 $74,995 2022 Average Household Income $66,438 $77,753 $85,321 2017-2022 Annual Rate 2.37% 2.67% 2.61% Per Capita Income 6,560 46,609 99,492 2017 Per Capita Income $22,721 $29,471 $32,248 2022 Per Capita Income $25,562 $33,504 $36,512 2017-2022 Annual Rate 2.38% 2.60% 2.51% Households by Income 7,093 49,348 104,875 Current median household income is $51,460 in the area, compared to $56,124 for all U.S. households. Median household income is 23,073 projected to be $57,494 in five years, compared to $62,316 for all U.S. households 2,770 16,917 Current average household income is $74,995 in this area, compared to $80,675 for all U.S. households. Average household income is projected to be $85,321 in five years, compared to $91,585 for all U.S. households Current per capita income is $32,248 in the area, compared to the U.S. per capita income of $30,820. The per capita income is projected to be $36,512 in five years, compared to $34,828 for all U.S. households Housing 2000 Total Housing Units 5,245 36,991 81,592 2000 Owner Occupied Housing Units 2,977 22,433 51,231 2000 Renter Occupied Housing Units 1,498 8,578 17,224 2000 Vacant Housing Units 770 5,980 13,137 2010 Total Housing Units 5,909 43,380 93,555 2010 Owner Occupied Housing Units 2,765 22,203 52,054 2010 Renter Occupied Housing Units 1,892 12,090 22,802 2010 Vacant Housing Units 1,252 9,087 18,699 2017 Total Housing Units 6,560 46,609 99,492 2017 Owner Occupied Housing Units 2,763 22,007 51,668 2017 Renter Occupied Housing Units 2,511 15,558 28,826 2017 Vacant Housing Units 1,286 9,044 18,998 2022 Total Housing Units 7,093 49,348 104,875 2022 Owner Occupied Housing Units 2,931 23,073 54,012 2022 Renter Occupied Housing Units 2,770 16,917 30,993 2022 Vacant Housing Units 1,393 9,358 19,870 Currently, 51.9% of the 99,492 housing units in the area are owner occupied; 29.0%, renter occupied; and 19.1% are vacant. Currently, in the U.S., 55.6% of the housing units in the area are owner occupied; 33.1% are renter occupied; and 11.3% are vacant. In 2010, there were 93,555 housing units in the area - 55.6% owner occupied, 24.4% renter occupied, and 20.0% vacant. The annual rate of change in housing units since 2010 is 2.77%. Median home value in the area is $197,578, compared to a median home value of $207,344 for the U.S. In five years, median value is projected to change by 5.00% annually to $252,199. 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. March 27, 2018 9 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Vacant land 342 Northeast 11 Avenue Boynton Beach, FL 33435 OWNERSHIP: Larann LLC P O Box 362042 Melbourne, FL 32936 LAND AREA: 3,000 square feet (size is from public records, no sketch of survey is available for review) IMPROVEMENTS: None ZONING: "R-2", Single and two-family residential district in the city of Boynton Beach FUTURE LAND USE: "MU -L1", Mixed Use Low Intensity 1, in the city of Boynton Beach APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: Vacant land HIGHEST AND BEST USE: Any residential use permitted in the "MU -L1" land use district when the appraised land is assembled with other parcels to a minimum standard land area of 0.50 acres. VALUE BY THE SALES COMPARISON APPROACH: VALUATION DATE: NINE THOUSAND DOLLARS 9 000 March 26, 2018 Exposure Time: 6 months prior to selling at the appraised value Itt 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: Larann LLC P O Box 362042 Melbourne, FL 32936 Property Address: 342 Northeast 11 Avenue (approximately) Boynton Beach, FL 33435 Legal Description: Unnumbered lot east of Lot 1, Block 4, MEEKS AND ANDREWS ADDITION TO BOYNTON, FLA., Plat Book 5, page 84, Palm Beach County, FL Census Tract No. 61 IrA 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 2122 004 0110 Land Value: $5,336 Improvement Value: -0- Total Market Value: $5,336 Assessed Value: $4,193 Ad Valorem Tax: $ 97 Non Ad Valorem Tax: $ -0- Total Tax: $ 97 No exemptions for this property. Properties are assessed in arrears by the county property appraiser. The tax bill is issued in November and a 4% discount is given to a tax payer if the amount is paid in November. The discount diminishes until March, when the tax is due and payable. In Florida, the taxable (assessed) value for non - homesteaded properties can be increased to a maximum of 10% per year, from tax year 2009 going forward, based on a constitutional amendment voted on by the electorate of the state. There are some exceptions which relate to school taxing districts. However, the millage of the city can increase; thus, real estate taxes can continue to increase from year to year. The 10% per year increase cap accounts for the difference between the Total Market Value of the appraised property and the Assessed Value. 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) Market Area Description: Boundaries and Market Composition & Transportation Infrastructure The general market area is the City of Boynton Beach in eastern -central Palm Beach County. Population of the city is about 72,000 residents; land area of the municipality is about 16 square miles situated between Delray Beach on the south and Lake Worth on the north. The town was named for an early developer, Nathan Boynton, a former major in the Union Army in the Civil War. The city was founded in 1898 and incorporated in 1920. Most of the original buildings were destroyed in the hurricane of 1926, though a few remain. Others which were constructed in the early 1920's are still in use with repairs and replacements over the decades. Time and economic trends take a toll on properties; thus, in 1984 a redevelopment plan was adopted for the Community Redevelopment Area (CRA) in the city. It covers 1,650 acres in the central part of the municipality west of the Intracoastal Waterway. One of the districts in the CRA is the immediate subject market area known as the Heart of Boynton (HOB), containing 380 acres. This area is the historic, older part of the CRA, with the following boundaries: Boynton Beach Canal (C-16) on the north, Florida East Coast (FEC) Railroad on the east, Interstate 95 on the west, and jagged line a few blocks north of Boynton Beach Boulevard as the south boundary, at about NE 3 Avenue. Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast Railway from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the city as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Boynton Beach Boulevard is the principal east -west artery in the subject market area, having an interchange with Interstate 95 on the west side of the neighborhood. The boulevard continues west through Palm Beach County to its terminus at State Road 7/ U S Highway 441. 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) Two miles east of State Road 7, it has an interchange with Florida's Turnpike. Boynton Beach Boulevard commences on the east at U S Highway 1, just to the east of the FEC Railroad. U S Highway 1 is the main north -south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. Seacrest Boulevard is a main north -south artery through the City of Boynton Beach and south into Delray Beach. Martin Luther King, Jr. Boulevard is an east -west thoroughfare through the Heart of Boynton. The immediate subject market area is easily accessible by main roads and Interstate 95. Property types in the Heart of Boynton are smaller commercial establishments along the main roads, light industrial close to the FEC Railroad, municipal facilities, single family residential, small multi -family dwellings, a few apartment buildings and places of worship. As mentioned, some structures date back to the 1920s, but most which are still usable were built in the mid -twentieth century. Municipal facilities in the immediate subject market area include parks, two elementary schools and a community center. Recent projects implemented in the Heart of Boynton are: • Seacrest Boulevard Streetscape • Carolyn Sims Center • Ocean Breeze West - 21 homes joint venture with Habitat for Humanity • Construction of single family residences on Martin Luther King, Jr. Boulevard Future projects are: • Revitalization of Martin Luther King, Jr. Boulevard and surroundings • Redevelopment of the Public Works site • Establishment of mixed use districts of residential and commercial • Expansion of light industrial near the FEC Railroad • Widening and extension of NW 11 Avenue, west of Seacrest Boulevard. I� 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) 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 $38,331, for three miles it is $48,659 and $51,460 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 13,937. In three miles, population increases to 88,526; at five miles, it is 189,728. However, about one-third of the three and five mile circles are over the Atlantic Ocean. Annual growth rate is anticipated to be 1.16% to 1.48% 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 41.2 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 19%; however, this amount is high due to the undercount of the other two categories. Median home value in the five -mile area is $197,578, including waterfront homes, compared to median home value of $207,344 in the United States. The life cycle stage of the market area is stability, a period of equilibrium without marked gains or losses, after a period of decline. The purpose of the Heart of Boynton Community Redevelopment Plan is to revitalize the market area with new housing options and business opportunities. There are examples of new houses along Martin Luther King, Jr. Boulevard, with more planned in the immediate vicinity. 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. II: 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) 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 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. Land unit prices are mostly from about $4.00 to $7.00 per square foot. Family Dollar Store is an addition to the subject market area; it consists of an 8,100 square foot commercial building at the southeast corner of the signalized intersection of Martin Luther King, Jr. Boulevard and North Seacrest Boulevard. More revitalization in the CRA is taking place along US Highway 1, in the southern part of the corridor near Ocean Avenue and Boynton Beach Boulevard with projects such as 500 Ocean, with 341 residential units, 20,000 square feet of retail space and 6,000 square feet of office. Ocean One at 114 N Federal Highway is planned for 358 apartments, 12,075 square feet of retail, 120 hotel room and 439 parking spaces. The Villages at East Ocean Avenue were approved for 371 dwelling units and 15,757 square feet of commercial space. 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. 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) The new project will include two 8 -story apartment buildings with 230 and 244 units, 144 unit assisted living facility, 120 room hotel, 31,800 square feet of retail/ office, a new city hall, police station, fire station and park. Renovation of the historic high school is part of the project. The redevelopment goal is to transform Boynton Beach from a retirement community to a vibrant city where residents can enjoy living and working in an attractive setting. Conclusion The immediate subject market area of the Heart of Boynton (HOB) has the components of an appealing neighborhood with schools, parks and recreation. HOB is easily accessible by main roads and Interstate 95. Goods and services are nearby on Boynton Beach Boulevard and U S Highway 1. With the involvement of the City of Boynton Beach and the Community Redevelopment Agency, Heart of Boynton Community Redevelopment Plan can continue to succeed in revitalizing the area. Land Use: Medium Density Residential, maximum density 9.58 dwelling units per acre Zoning: "R-2", Single and Two-family Residential District with the purpose to implement the medium density residential future land use map classification of the comprehensive plan. The intent of the district is to stabilize and protect existing residential neighborhoods with density no greater than 10 dwelling units per acre, and allow limited types of non-residential uses. Minimum lot area is 4,500 square feet per unit for a duplex; minimum lot frontage is 75 feet. 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) Single family dwellings shall be constructed on lots that are no less than 6,000 square feet with a width of at least 60 feet and follow the building and site regulations of the "R-1", Single Family District. Excerpt from the zoning code is in the Addenda. The appraised site is comprised of an unnumbered lot from a plat dated 1914. It has a width of 20 feet and size of 3,000 square feet. This parcel appears to be a remnant of the plat to balance off an oversized lot in the block to the north. Typical lots in the plat are 50 feet wide, but one lot in the block to the north is 70 feet. Thus, the subject is a strip of land 20 feet wide in the southern block to square the overall plat. In any event, a 20 foot wide parcel appears to be a non -conforming site in any residential district, with 20 foot frontage which cannot accommodate the construction of a modern residential structure. Determination of use and non -conformities of the site are made by Boynton Beach City officials. Future Land Use: The recommended future land use for the subject site in the Heart of Boynton District is "MU -L1", Mixed Use Low Intensity. The zoning district would potentially be the same. Though, single family residential use is not permitted in the mixed use districts. Minimum lot area for "MU -L1" is 0.50 of an acre or 21,780 square feet. Most individual lots in the old plats contain 7,500 square feet or less. Most probably, three lots would have to be assembled (7,500 square feet x 3 lots = 22,710 square feet) to be of sufficient size for development. Minimum lot frontage is 100 feet. 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) Maximum density is 20 units per acre. An excerpt from the zoning ordinance is in the Addenda. Determination of the use of one substandard lot would have to be made by city officials. Permitted residential uses in mixed use districts include two-family dwellings, multi -family dwellings, mixed use, live -work units, and townhouses. Commercial uses are only permitted on arterials and collector roads. Sites on local roads would be restricted to residential uses. City officials make the determination of allowed uses and permitted density of sites. The city of Boynton Beach is holding public hearings on the rezoning of a section of the immediate subject market area to the west of the appraised lot from "MU -L2", maximum 30 dwelling units per acre to "MU -2", Mixed Use 2 District, maximum 40 dwelling units per acre. The effect would be an increased yield of the land to attract a developer to construct a mixed use project which might be a catalyst for further private redevelopment of the market area. However, the location of the zoning change is only the south side of the 100 block of Martin Luther King, Jr. Boulevard and abutting lots on NE 9 Avenue. The rezoning has the support of the city, increasing the reasonable probability that the change will occur. W 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 issue for the subject market area is to assemble sites of individual lots large enough to accommodate a new mixed use project in zoning/ land use districts which will permit them. In other sections in the Heart of Boynton with "R-2" and "R- 3" zoning districts, greater density is also recommended by increasing the Medium Density Residential district to 11 dwelling units per acre. The Boynton Beach Community Redevelopment Agency (CRA) has been acquiring properties over the years. The intended use of this appraisal is to assist the CRA in purchasing the appraised property for assemblage. The appraised lot is in the Martin Luther King Boulevard Overlay Zone. The Boynton Beach zoning code states that parking space requirement shall be reduced by 50% of the standard number for properties in that zone. Site Description: The shape of the lot is rectangular. No sketch of survey is available for review. Approximate size and dimensions are from public records. North boundary on NE 11 Avenue: 20 feet East boundary on adjacent land: 150 feet South boundary on adjacent land: 20 feet West boundary on adjacent property: 150 feet Total: Approximately 3,000 square feet or 0.0689 of an acre Utilities: All utilities are available in the vicinity of the site. PAS APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Access: The site is accessible via NE II Avenue, a two- laned, local road with streetlights, but no sidewalks. The avenue intersects with Seacrest Boulevard three blocks to the west and intersects with North Railroad Avenue a few lots to the east. The unpaved strip of land to the east of the appraised parcel is noted on the plat as a street; however, there is no indication that is was dedicated as a right-of-way on the old plat. The strip is only the length of the lots in the plat, with little functional utility. Easements: No sketch of survey to review to note easements. If they exist, utility easements would most probably be around the perimeter of the lot. Improvements: None Environmental Assessment: No assessment was available for review. 2-2(a)(iv) State the real property interest appraised; A person who owns all the property rights is said to have fee simple title. A fee simple title implies absolute ownership unencumbered by any other interest or estate. Partial interests in real estate are created by selling, leasing, et cetera. Partial estates include leased fee and leasehold estates. The interest appraised is fee simple. 061 APPRAISAL REPORT (continued) 2-2(a)(v) State the type and definition of value and cite the source of the definition; The purpose of the appraisal is to develop an opinion of market value of the subject property as of March 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 inotivation of the parties (i.e., seller and buyer); 2. the terns of sale (e.g., cash, cash equivalent, or other terns); and 3. the conditions of sale (e.g., exposure in a competitive market for a reasonable time prior to sale). Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and S. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration (NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994, and in the Interagency Appraisal and Evaluation Guidelines, dated December, 2010. Florida Court Definition: "Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts." [Source: Fla. Power & LiFht Co., v. Jennings, 518 So.2d 895 (Fla. 1987)] 23 APPRAISAL REPORT (continued) 2-2(a)(vi) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: March 26, 2018 B) Date of the Report: March 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 property and photographed it. A thorough investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. Data research consisted of collecting, confirming, and reporting land sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including the multiple listing service, Palm Beach County Appraiser's records, the public records, and data from the appraiser's plant. For Sales Comparison Approach -Land Valuation, land sales are compared to each other and to the property under appraisement to arrive at an opinion of value. 2-2(a)(viii) Summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach, or income approach must be explained; The information analyzed and appraisal method used is detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinion, and conclusion is explained in that section. Cost Approach is not used because there are no structures on the site. The Income Approach is not employed in this appraisal because most land is typically purchased for immediate use, not for lease. Sales Comparison Approach is the best method to value vacant land. Exclusion of the Cost Approach and Income Approach still produce a creditable report. 24 APPRAISAL REPORT (continued) SR I-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; and There are no known agreements for sale, options or listings of the subject property as of the effective date of 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 tax deed on December 13, 2012 for $6,838. A copy of the deed is in the Addenda. This sale was not an arm's length transaction; the price has no relevance to this appraisal. 2-2(a)(ix) State the use of the real estate existing as of the date of value, and the use of the real estate or personal property reflected in the appraisal; The use of the real estate on the date of valuation is vacant land, and it is this use which is reflected in the appraisal. No personal property is included in the valuation. 2-2(a)(x) When an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion. HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant No soil or subsoil tests are available for review. However, properties surrounding the subject are improved with residential structures. The land is level and filled to street grade. Land size is approximately 3,000 square feet and rectangular in shape. All utilities are available in the vicinity of the site. The site is accessible via Northeast 11 Avenue. The width of the parcel is only 20 feet which is too narrow to be improved with a residential structure. W. HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting restrictions and restrictive covenants. Land use designation is Medium Density Residential, maximum density 9.58 dwelling units per acre. Recommended future land use is "MU - L1", Mixed Use Low Density, 20 dwelling units per acre. Minimum lot area would be 0.50 of an acre or 21,780 square feet. The lot concerned contains 3,000 square feet with a width of 20 feet, not meeting the standards of the "MU -L1" district. It would have to be assembled with adjoining lots to meet the requisite size. Current zoning is "R-2", One and Two-family residential district. If the subject lot were assembled with the lot to the west, it might be permitted to be redeveloped with a two-family residence because the combined lot size would be about 10,500 square feet. A two-family residence requires 4,500 square feet of land per dwelling unit (4,500 square feet x 2 = 9,000 square feet). However, a new single family residence would most probably not be allowed on the assembled lots in a mixed use zoning or land use district. Again, city officials make the determination of use and density for redevelopment of land. The city of Boynton Beach is holding public hearings on the possibility of rezoning a section of lots to the west of the subject to "MU -2", Mixed Use, 40 dwelling units per acre. The intent of the mixed use districts is to have more dwelling units in the immediate subject market area to accommodate a growing population. The old model of small one or two family dwellings on a single lot with much of the land sitting vacant is inefficient. Greater productivity of the land is the upcoming strategy with mixed use on a site sharing parking and recreational facilities. Thus, if the subject lot is assembled with other lots to reach the minimum lot area, the assembled site might be able to be improved with 20 units per acre in the future. As a sliver of land with a 20 foot width, the subject has little practical use which affects the value of the parcel. W, 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. The subject market area has been improved with single-family residences and small multi -family dwellings for almost 100 years. Structures come to the end of their useful lives, improvements are razed and the sites are redeveloped with modern projects. There are examples of this cycle throughout the subject market area. New single family redevelopment projects in the subject vicinity are Ocean Breeze West with 21 homes, Eastview Park with market rate houses ranging from $255,000 to $300,000 constructed by D R Horton, and four new houses on West Martin Luther King, Jr. Boulevard sold from $166,000 to $195,000. The four houses are the result of the work of the Boynton Beach CRA and Boynton Beach Faith -Based Community Development Corporation. To date, there are no higher density residential projects or mixed use projects in the Heart of Boynton (HOB) District. The HOB District includes sections designated for higher intensity residential use along Martin Luther King (MKL), Jr. Boulevard east of Seacrest Boulevard. To have sites to accommodate larger mixed use projects, the adjoining lots to the south along NE 9 Avenue and to the north fronting NE 11 Avenue are also included. As discussed, minimum lot area would be 21,780 square feet in the recommended "MU -Ll" future district. Financially feasibility for the lot concerned is to assemble it with surrounding lots to have a minimum of 0.50 of an acre to meet the standard in the future zoning/ land use district to be able to develop the site with a multi -family residential project. The most probable buyer of the subject lot would be a local developer that would construct such a project. Time for development is when the subject and adjacent lots can be improved with 20 dwelling units per acre. Maximally Productive as Vacant In summary, the Highest and Best Use of the appraised property as vacant is any residential use permitted in the district permitting 20 dwelling units per acre after the lot is assembled with surrounding parcels to a size of 0.50 of an acre. Such uses would be potentially physically possible, most probably legally permissible, financially feasible and maximally productive. 27 APPRAISAL REPORT (continued) 2-2(a)(xi) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a)(xii) Include a signed certification in accordance with Standards Rule 2-3 See signed certification in report. 28 SALES COMPARISON APPROACH 0% LAND VALUATION W Kai VACANT LAND SALES SALE NO. 1 LEGAL DESCRIPTION Lot 5, ROBERT WELLS' SUBDIVISION, Plat Book 11, page 66, Palm Beach County, FL, less the north 10 feet for road RECORDED O. R. Book 29172, Page 1071, Palm Beach County Records GRANTOR Larann Land Investments, LLC GRANTEE Boynton Beach Community Redevelopment Agency DATE OF SALE June 15, 2017 LOCATION 340 East Martin Luther King, Jr. Boulevard Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MU -Ll", Mixed Use Low Intensity SALE PRICE $50,000 LAND SIZE 7,750 square feet (50' x 155') UNITS OF COMPARISON $6.45 per square foot FOLIO NUMBERS 08-43-45-21-04-000-0050 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Grantee, Boynton Beach CRA COMMENTS Boynton Beach CRA is acquiring properties in the area to be assembled into larger sites and readied for redeveloped. 32 340 EAST MARTIN LUTHER KING, JR. BOULEVARD BOYNTON BEACH, FL 33435 33 VACANT LAND SALES SALE NO. 2 LEGAL DESCRIPTION Lot 27, Block 1 of E. Roberts Addition to Boynton, FLA, Plat Book 1, Page 123 of Palm Beach County Public Records. RECORDED O. R. Book 28358, Page 1638, Palm Beach County Records GRANTOR Larann Land Investments, LLC GRANTEE Bride of Christ Tabernacle, Inc. DATE OF SALE June 6, 2016 LOCATION 199 E. Martin Luther King Blvd. (NE 10 Avenue) Boynton Beach, Florida ZONING "R-2" Residential/ Duplex FUTURE LAND USE "MU -Ll", Mixed Use Low Intensity SALE PRICE $50,000 LAND SIZE 7,000 square feet (50.00' x 140') UNITS OF COMPARISON $7.14 per square foot * FOLIO NUMBER 08-43-45-21-27-001-0270 CONDITIONS OF SALE Arm's length cash transaction. CONFIRMED Grantee: Mr. Claude Maxime COMMENTS * Purchased by adjacent Church for church parking. 34 199 E MARTIN LUTHER KING, JR. BLVD. BOYNTON BEACH, FL min VACANT LAND SALES SALE NO. 3 LEGAL DESCRIPTION Lots 9 and 10, Block 1, THE MEEKS AND ANDREWS ADDITION TO BOYNTON, Plat Book 5, page 84, Palm Beach County, FL RECORDED O. R. Book 29294, Page 1058, Palm Beach County Records GRANTOR Iran Guzman, et al GRANTEE Albert Thomas, et al DATE OF SALE August 10, 2017 LOCATION 309 NE 11 Avenue and 1106 NE 2 Street Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MDR", Medium Density Residential SALE PRICE $79,000 LAND SIZE 17,629 square feet (approximately 115' x 155') UNITS OF COMPARISON $4.48 per square foot FOLIO NUMBERS 08-43-45-21-22-001-0090, 0100 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Kelly Louidort for grantee COMMENTS Two adjacent lots purchased for future residential use. 0, LAND SALE 3 309 NE 11 Avenue & 1106 NE 2 Street Boynton Beach, FL 37 VACANT LAND SALES SALE NO. 4 LEGAL DESCRIPTION Lots 340-341, CHERRY HILLS, Plat Book 4, page 58, Palm Beach County, FL, RECORDED O. R. Book 29557, Page 221, Palm Beach County Records GRANTOR FR Investments Group, LLC GRANTEE PJMC LLC DATE OF SALE December 21, 2017 LOCATION 515 NW 11 Avenue Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MDR", Medium Density Residential SALE PRICE $32,500 LAND SIZE 5,000 square feet (50' x 100') UNITS OF COMPARISON FOLIO NUMBERS CONDITIONS OF SALE $6.50 per square foot 08-43-45-21-14-000-3400 Cash sale. Arm's length transaction. CONFIRMED Juan Franco, grantor COMMENTS This lot and the one adjacent to the west were purchased for a total of $53,000 in August, 2016. 38 515 NORTHWEST 11 AVENUE BOYNTON BEACH, FL KR VACANT LAND SALES SALE NO. 5 LEGAL DESCRIPTION West 1/2 of Lot 7, Block 2, MEEKS AND ANDREWS ADDITION TO BOYNTON, FLA., Plat Book 5, page 84, Palm Beach County, FL RECORDED O. R. Book 29516, Page 1409, Palm Beach County Records GRANTOR Sivongile Russell -Ruskin and Patricia Ann Webster GRANTEE Andcar Properties, LLC DATE OF SALE October 28, 2017 LOCATION 213 NE 11 Avenue Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MDR", Medium Density Residential SALE PRICE $10,950 LAND SIZE 3,875 square feet (25' x 155') UNITS OF COMPARISON $2.83 per square foot FOLIO NUMBERS 08-43-45-21-22-002-0072 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Grantor COMMENTS Sale of �/z of a lot in the same subdivision as the appraised land from one private party to another. Elt VACANT LAND SALES SALE NO. 6 LEGAL DESCRIPTION East 1/2 of Lot 7, Block 2, MEEKS AND ANDREWS ADDITION TO BOYNTON, FLA., Plat Book 5, page 84, Palm Beach County, FL RECORDED O. R. Book 29516, Page 1211, Palm Beach County Records GRANTOR Patricia Ann Webster, Personal Representative GRANTEE Andcar Properties, LLC DATE OF SALE November 17, 2017 LOCATION 213 NE 11 Avenue Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MDR", Medium Density Residential SALE PRICE $10,950 LAND SIZE 3,875 square feet (25' x 155') UNITS OF COMPARISON $2.83 per square foot FOLIO NUMBERS 08-43-45-21-22-002-0071 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Grantor COMMENTS Sale of �/z of a lot in the same subdivision as the appraised land from one private party to another. Ell LAND SALE COMPARISON CHART Land Sale Sale Size Site Price per Sales Date Price Sg.Ft. Zoning Square Foot 1 340 E MLK, Jr. Blvd. 6/15/2017 $50,000 7,750 "R-2" $6.45 Boynton Beach, Florida 2 199 E. MLK Boulevard 06/06/2016 $50,000 7,000 "R-2" $7.14 Boynton Beach, Florida 3 309 NE 11 Ave & 1106 NE 2 St 08/10/2017 $79,000 17,629 "R-2" $4.48 Boynton Beach, Florida 4 515 NW 11 Avenue 12/21/2017 $32,500 5,000 "R 2" $6.50 Boynton Beach, Florida 5 213 NE 11 Avenue 10/28/2017 $10,950 3,875 "R 2" $2.83 Boynton Beach, Florida 6 211 NE 11 Avenue Boynton Beach, Florida SUBJECT 342 NE 11 Avenue Boynton Beach, FL 11/17/17 $10,950 3,875 "R-2" $2.83 Value Date Value 03/26/2018 9 000 43 Unit Value 3,000 "R-2" 3.00 SALES COMPARISON APPROACH LAND VALUATION Of the several methods to develop an opinion of land value, the one considered to be the most reliable is the Sales Comparison Approach. In this method, sales of other similar vacant parcels are compared to the site concerned; then adjusted for differences to arrive at land value. For the opinion to be supportable, there must be an adequate number of sales of similar properties for comparison to the subject. The steps of sales comparison in Land Valuation are: 1) Locate and collect information of recent sales of sites most similar to the land being appraised. 2) Verify the sales information with parties to the transactions, including details of financing and any special considerations or non -typical market features. 3) Select relevant units of comparison and develop a comparative analysis for each unit. 4) Compare and adjust the sales to the subject using the significant, market -derived units of comparison. 5) Reconcile all value indications from the comparisons into a single value opinion by this approach. The appraised vacant land contains 3,000 square feet. Current zoning is "R-2", one and two family - residential district, in the City of Boynton Beach. Recommended future land use is mixed use low intensity. A search was made to find recent sales of sites similar to the subject in the Martin Luther King Boulevard Overlay District, with two transactions included in the data set as Land Sales 1 and 2. The sales search was widened to the central part of Boynton Beach where four other similar land sales were located. Land Sales 5 and 6 are on the same avenue as the subject, but on the north side of the road and not in the MLK Blvd Overlay District. However, they are similar in size to the land concerned by each being one-half of a platted lot. The six land sales in the report are most representative of market value for the land being valued. Details of the transactions are on the sale sheets and chart. The unit of comparison relevant to this valuation is Sale Price per Square Foot of Land. The range of unit prices is $2.83 per square foot for half of a lot through $4.48 to $7.14 per square foot of land for a whole lot. 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. 44 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 real property right conveyed in the land sales was fee simple interest, the same interest valued for the land in question. No numerical adjustment is warranted for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. All of the land sales were in cash, which is the most common form of payment for vacant lots in the subject area. No adjustments are made for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market, the result of an eminent domain proceeding, or tax consideration. The land sales cited in this report are arm's length transactions. The Boynton Beach Community Redevelopment Agency (BB CRA) purchased No. 1 in a negotiated sale at the market price. Grantors and grantees of the other transactions were private parties. The data show the BB CRA is paying the market rate for land in the subject area. Grantors of Land Sales 5 and 6 are related parties who sold to one grantee for both half lots. Individually, a half lot has very little functional utility. However, together, the half lots could be put to one of the permitted uses in the "R-2" district. (Continued) Eli LAND VALUATION (Continued) The lower unit prices of Land Sales 5 and 6 are reflective of the small universe of potential buyers who would purchase both partial lots. Possible potential buyers for the land in question are probably fewer being adjacent property owner or an entity acquiring any lots in the area for future development. A small amount of competition for a property can have a negative effect on price. Land Sales 5 and 6 are emphasized most for this element of comparison. 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. Five of the sales occurred in 2017, and one in 2016. All of the land sales occurred during market conditions which are similar to those at the time of valuation. Hence, no adjustment is necessary for this element of comparison. Adjustments 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. Locations of the appraised parcel and the land sales are in central Boynton Beach, where the peak of construction took place in the mid -twentieth century. Redevelopment is occurring because old improvements are razed to make way for new residential and commercial projects, most with the financial support or incentives from governmental and social agencies. Land Sale 1 was purchased by the Boynton Beach Community Redevelopment Agency, the primary buyer of properties in the subject market area. Future plan for the subject market area is to assemble sufficient land to be of a size to be attractive to a private developer to be interested in for a new residential, commercial or mixed use project. (Continued) EI: LAND VALUATION (Continued) Land Sales 1 and 2 border East MLK, Jr. Boulevard, a main neighborhood thoroughfare with an improved streetscape. Land Sales 3 and 4 are situated along neighborhood streets. Nos. 5 and 6 front NE 11 Avenue, to the north of the MLK Overlay District. The lot concerned along with Sales 1 and 2 are in the MLK Overlay District and in a future land use district potentially permitting 20 dwelling units per acre for a mixed use project if they are part of a larger parcel containing at least 0.50 of an acre. For Land Sales 3, 4, 5 and 6, future density by land use would be 11 units per acre, or they could be improved with single family dwellings or two family dwellings. The new mixed use districts do not allow single family use. Thus, there is the potential for future, higher density for Land Sales 1, 2 and the subject, but 0.50 of an acre (21,780 square feet) of land is required for such a mixed use project. There are no sales of larger sized tracts in the subject market area. Even though the subject and all of the land sales are zoned "R-2," the lot under appraisement, Sale 1 and Sale 2 have the potential of being improved with a higher intensity project. Therefore, more emphasis is placed on the land sale unit prices of Sales 1 and 2 for the element of comparison of location. Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes land size, shape, frontage, topography, view, access, functional utility, et cetera. Adjustments for physical characteristics are best derived from the market by paired sales comparison. Through the process of searching for comparable sales, the physical characteristics are of great import. From the universe of possible comparable sales, those that are most similar to the site appraised are presented in the report for analysis and comparison to the subject. The less the number of physical differences, the better. The appraised lot contains only 3,000 square feet, smaller than Land Sales 5 and 6. The physical characteristic of size is a significant factor affecting the price of the sales and value of the subject. The unit price of the half lots of $2.83 per square foot is around one-half of the unit price of the whole lots ranging from $4.48 to $7.14 per square foot. Rather than making quantitative adjustments to Land Sales 1, 2, 3 and 4, Nos. 5 and 6 will be stressed for this element of comparison. Use For sites to be comparable, they should have similar uses. Highest and best use for the land concerned along with Land Sales 1 and 2 is to be assembled with adjacent lots to have at least 0.50 of an acre for a mixed use project. Land Sales 3, 4, 5 and 6 could also be assembled with adjacent lots for lower density residential projects. The elements of comparison of conditions of sale and physical characteristics are closely related in this appraisal. Substandard parcels have to be assembled with another property to be put to residential use. Otherwise, small strips of land are just open/ green space. Land Sales 5 and 6 are more similar to the subject for this element of comparison. 47 FINAL VALUE OPINION Following is a summary of the square foot unit sale prices for the six land sales: Land Sale Sale Price per Sguare Foot $6.45 2 $7.14 01 M 4 $6.50 $2.83 6 $2.83 The more significant elements of comparison of physical characteristics and use place the unit value of the appraised land close to the unit sale prices of Land Sales 5 and 6 at $3.00 per square foot. The quantity of the comparable data is sufficient to have an overview of the market for lots in the mid-section of the city of Boynton Beach. The quality of the data is good in that it provides a sound basis to develop an opinion of value for the land under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property as of March 26, 2018 is: $3.00/sq.ft. x 3,000 square feet = 9 000 NINE THOUSAND DOLLARS 48 CERTIFICATION I certify that, to the best of my knowledge and belief, the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no bias or personal interest with the parties involved. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475, Part 11 F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property that is the subject of this report on March 16, 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. March 26, 2018 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-Certifi ed General Real Estate Appraiser No. RZ-85 March 26, 2018 Claudia Vance, MAI Florida State -Certified General Real Estate Appraiser No. RZ-173 E CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report, subject to the limiting conditions hereafter cited, are correct to the best of the writers' knowledge. 1. The undersigned have personally inspected the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included, the subject is analyzed as though free and clear of liens and encumnbrances. 3. No responsibility is assn ned for legal matters, nor is an opinion of title rendered. Title is assn ned to be good and held in Fee Simple, unless excepted. 4. Legal descriptions and property dimensions have been furnished by others; no responsibility for their correctness is assn ned. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not carry with it the right of publication, duplication, or advertising using the writers' names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Where divisions are made between land, improvements, etc., the values estimated for each apply only under the cited use or uses. 9. The value applies ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present, past or contemplated interest in the subject of this report - unless specifically stated. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. Soil or sub -soil contarnination may exist from current or prior users, or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey, Endangered Species Survey, or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use, and possibly, value of the appraised property. The appraisers are not qualified to identify these factors. We recornmend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions, and opinions of real estate set forth in this report. No one else provided significant professional assistance to the signers of this report. 16. Prospective value is based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events which might alter market conditions upon which market value opinion has been developed. 17. The appraisers certify that they have the knowledge and experience required to perforn this appraisal assignment. 18. The appraisers reserve the right to amend or change this report at any time additional market information is obtained which would significantly affect the value. Jesse B. Vance, Jr., MAI, SRA, ASA State -Certified General Real Estate Appraiser No. RZ 85 March 26, 2018 &�W40a//o/wm_ Claudia Vance, MAI State -Certified General Real Estate Appraiser No. RZ 173 March 26, 2018 6 ADDENDA 611 Recorded in Palm Beach County 12/13/2012 12:31:23 PM Sharon R. Bock 0. R. BKPG 25652/1238 20120496990 AMT 6,837.53 Doc Stamp 48.30 Shar( Clerk STATE O1 �bRIDA 0 COUNTY Opo BEACH TAX DEED The following TCertificate Numbered 19665 issued on Jun 01, 2009 was filed in the Office of the Tax Collector of this County and applicatio e for the issuance of a tax deed the appllcanli having pard or redeemed all other taxes or tax sale certificates on the land d as required by law to be paid or redeemled, and the costs and expenses of this sale, and due notice of sale having been publi d as required by law, and no person entitled o do so having appeared to redeem said land; such land was on the 12th day L A 2012 offered for sale as required by law for cash to the highest bidder and was sold to: LARRY FINKELSTEIN LARAN�r�G`� ' ADDRESS: BOYNTON BEACH,FL 33424-4216 being the highest bidder and having�0um of his bid as required by the Laws of Florida. NOW, on this 13th day of Decembe� the County of Palm 130ch, State of Florida, in consideration of the sum of ($ 6,837.53) SIX THOUSAND EIGHT ED THIRTY SEVEN A D 53 / 100 -----Dollars, being the amount paid pursuant to the Laws of Florida does hereby sell the fo lands situated in the C unty and State aforesaid and described as foll MEEKS & ANDREWS ADD UNMBRD LT E O 4 OE S O �O SHARON R. BOCK �+ CLERK & COMPTROLLER O PALM BEA C NTY PROPERTY ID NUMBER 08-43-45-21-22-004-01 t �` !/�'_/� ' ti coves' BY: STATE OF FLORIDA COUNTY OF PALM BEACH CA AEDO On this 13th day of December, 2012 before me DEBORAH A KIMBRELI personally appeared REBECCA AEDO a Deputy Clerk for Clerk & Comptroller in and for the State and this County known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution of this instrument to be her own free act and deed for the use and purpose therein mentioned, who is personally known to me and who did not take an oath. Witness my hand and official seal date aforesaid. NOTARY PUBLIC -STATE OF FLORIDA Deborah A. Kimbrell j =Commission #DD955224 *?. Expires: JAIV. 25, 2014 BONDED THR❑ AT U.RTIC BONDLNG CO., INC. NOTARY PUBLIC STATE OF FLORIDA 6YA E. R-2 Single and Two-family Residential District. 1. General. The purpose of the R-2 zoning district is to implement the medium density residential (MeDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to stabilize and protect existing residential neighborhoods with densities no greater than ten (10) dwelling units per acre, and allowing limited types of non- residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS R-2 District Minimum lot area (per unit): 4,500 s.f.1 Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet2 Rear: 25 feet3 Interior side: 10 feet2 Corner side: 25 feet2,3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum Floor Ratio Area (FAR) 0.104 Maximum structure height: 25 feet5 1 Single-family dwellings shall be constructed on lots that are no less than six thousand (6,000) square feet. 2 Pursuant to Section 8.B. below, parcels that have frontage on Martin Luther King Jr. Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front, side interior, and side corner setbacks in accordance with the mixed use -low intensity 1 zoning district (see Section 6.11. below). 3 On corner lots, the side setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks, the comer lot shall provide for front yard setbacks along both streets. when two (2) front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. 4 A floor area ratio (FAR) up to 0.10 maybe considered for non-residential uses allowed within the R-2 district (see "Use Matrix" — Chapter 3, Article IV, Section 3), pursuant to the medium density residential land use category of the Comprehensive Plan. 5 Not to exceed two (2) stories. 53 D. R-1 Single-family Residential District. 1. General. The purpose of the R-1 zoning district is to implement the moderate density residential (MoDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half (7.5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-8). The following lot and setback requirements shall be observed: BUILDING/SITE REGULATIONS R-1 District Minimum lot area: a 6,000 s.f. Minimum lot frontage: 60 feet Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single -story building additions: I Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Comer side: 25 feet2 Minimum living area: 1,200 s.f. Maximum lot coverage: 50% Maximum structure height: 30 feet 54 LO LO Q U x w C NO z z z z o 0 a w tn w w z z C 0 0 N N N kn y o YC a� YC a� O O ry a w w w v, O to O M y Q 00 O O o a� O o tn ^i Q' O O Q' x to z OO � N C kn z Q' O O Q' z z Q' O O Q' z 00z o o ¢ d to z C> 00tn z a� r Cd Cd on v to cd > C6 Q U � o .. 0 �, bye O �i Ow^ U oz 0 0'.2 > U as a o Z w'° LO LO z z z z z z z z 00 w w w w z z z z z w w w w z z z z z 00 z z z z z z z z N N N N O U z z z z z z z z O M N r— N O N / Fri O N O kn O to O kn O kn M M O kn O kn 44 O N O by o 0 0 0 0 0 0 0 O kn O O O O O O O N N N <M N A4 o 0 0 0 0 0 0 0 M N -•� N N �n �n �n �n �n M �n �n yr Cd •.Ofir Cd � y bA y s, O cd to to 0-4 AC7 U U U w .. r� r� U rx U ---� EJ Sec. 11. Nonconforming Regulations. A. Lots and Parcels. 1. R-1 District, R -IA District, R-2 District, and R-3 District. A detached single-family dwelling may be constructed on any parcel located in an R-1, R-1 A, R-2, or R-3 district, provided that it meets all of the following requirements: a. The parcel contains at least one (1) whole platted lot, platted prior to August 7, 2001; b. The parcel, or assemblage of platted parcels which individually meet the requirements of paragraph a. above, has a frontage of not less than fifty (50) feet, and a lot area of not less than five thousand (5,000) square feet (irregular, other than rectangle -shaped lots with less than five thousand (5,000) square feet of area may be developed if in conformance with all other lot regulations); c. All such parcels, when developed, shall comply with all provisions of the Land Development Regulations and applicable building code regulations, including without limitation sections of the building code regulations regarding the impact of construction and drainage on or to adjacent properties. -- N 2. R-2 District. Within R-2 districts, in subdivisions platted prior to the effective date of these Regulations, where the platted lots have a frontage of at least forty (40) feet but less than fifty (50) feet, the following rules shall apply: a. A detached single-family dwelling may be constructed on any such parcel, provided that the parcel contains at least one (1) whole platted lot. b. A duplex dwelling may be constructed on any parcel, provided that it meets the following requirements: (1) The parcel contains at least two (2) whole platted lots; (2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels to become nonconforming or more nonconforming. c. For any parcel, lot, or combination of lots, where the total frontage is equal or greater than one hundred twenty (120) feet, and the total area is greater than twelve thousand (12,000) square feet, said property shall not be developed except in accordance with the minimum frontage and lot area required in the R-2 zoning district. d. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of these Regulations. 3. R- I AA District. A detached single-family dwelling may be constructed on any parcel located in an R-1 AA district, without requiring a variance, provided that it meets the following requirements: a. The parcel contains at least one (1) whole platted lot. b. The parcel has a frontage of not less than sixty (60) feet, and a lot area of not less than six thousand, seven hundred fifty (6,750) square feet in area. c. It would not be possible to acquire property from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming. For any parcel or lot, or combination of lots under the same ownership, where the total frontage and the total area is equal to or greater than that which is required by the R -IAA district building and site regulations, said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district. Not more than one (1) parcel or lot, or combination of lots under the same ownership, that is nonconforming but which meets the requirements under b. above may be developed for a single- family house. 57 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 1 of 3 0 Sec. 2. Standards. A. General. 1. Rules and Methodology. a. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in this article. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use, plus the floor area occupied by all other enclosed spaces, including but not limited to storage rooms, maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. b. Where several principal uses exist in one (1) structure or on one (1) lot, parking space requirements shall be computed separately for each principal use, unless stated otherwise in this article. Where parking spaces are required in this article for each of several principal uses that commonly occur together, this is done for the purpose of clarification only, and shall not limit the application of the requirement contained in this paragraph. c. A use shall be considered a principal use, for the purposes of this subsection, if it could exist separately from all other uses in the same structure or on the same lot, and would by itself generate significant parking demand. d. Where several principal uses exist in one (1) building or part of a building, and the floor area of each principal use cannot be clearly delineated, the parking space requirement for the use requiring the greatest number of parking spaces shall apply. e. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the Director of Planning and Zoning or designee. f. Where the number of required parking spaces as computed includes a fraction, the number of required parking spaces shall be the computed number rounded to the next highest whole number. g. Except as provided in Section 3.E. below, there shall be provided, at the time of the erection of any structure or establishment of any use, a number of off-street parking spaces in accordance with the following minimum requirements, and subject to the parking requirements of this subsection. Where a structure or use is enlarged or increased in capacity by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or which requires additional parking spaces, the minimum number of parking spaces shall be computed by applying these requirements to the entire structure or use. 2. Minimum Number of Required Off -Street Spaces for Non -Residential Uses. No fewer than four (4) parking spaces shall be provided for any non-residential use. 3. Location of Off -Street Parking Areas. a. Residential. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. b. Non-residential. Required parking spaces for all non-residential uses shall be owned by the owner of the building or lot to be served, and shall be located on the same lot, or not more than three hundred (300) feet distance, unless the property is located within those areas defined within the adaptive re -use section of the Code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within three hundred (300) feet of the use in which they serve, subject to Board and City Commission approval, and the property shall be posted with signage indicating to patrons the location of the leased parking. B. Table 4-17. Residential and Lodging Uses. I Residential and Lodging Uses I Standard Number of Required Parking Spaces 58 h4://www.amlegal.com/nxVgateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 2 of 3 Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Single-family, duplex dwelling, or mobile home: 21 Efficiency or one (1) -bedroom apartment: 1.51,2 Within mixed use high district: 1.332 Two (2) or more bedroom apartment: 21,2 Within mixed use high district: 1.661'2 Dormitories: 1 per unit Hotel & motel units containing one (1) -bedroom: 1.25 per unit Within mixed use high district: 1 per unit Hotel & motel suite containing two (2) or more bedrooms: 2 per unit Within mixed use high district: 1 per unit Group home (types 1 through 4): 1 per 3 beds Bed & breakfast: 13 Live/work unit: 1 per 2 units4 1 Residential driveways shall satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi -family dwelling units containing garages, provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. For all required parking spaces not located within an enclosed garage, the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and corner side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter 2, Article II, Section S.B.; however, any driveway expansion (or similar impervious surface) that is equal to or greater than eight hundred (800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway, proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article III, Section 4. 2 Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three (3) or more dwelling units. 3 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one (1) parking space for each guest unit. Newly created parking may be located only in the rear and side yard. 59 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 3 of 3 4 In addition to the required parking for the residential unit, the city requires that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. 60 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... 1/8/2015 OMMEN Lot , 1 _---■ Public park N/A N/A N/A I N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)' 100 100 150' 200 200 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum eight (ft.)' 45 65 75 100 150/125' Maximum Density (DUs/Acre)14,16 20 30 40 60 80 Maximum F.A. 15 1.0 2.0 3.0 4.0 4.0 Build -to -line (ft.)" All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement10 Abutting a Local street 010 010 010 010 010 Interior side 010 010 010 010 010 Building Setback, Minimum (ft.)" Rear abutting: Residential single-family 25'/0"' 25' 25' 25' 25' Intracoastal waterway 25' 25' 25 25' 25' Side abutting Residential single-family 25-/0"' 25' 25' 25' 25' Usable Open Space, Minimum (sq. tt.)13 N/A N/A N/A 1% 2% 5. Maximum height on any street frontage is forty-five 5) feet, Maximum height on Intracoastal Waterway is thirty-five (35) feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 6. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any MU -L or residential zoning district not separated by a right-of-way. 19VERTURn MR 8. Where, there is an intevening right-of-way of at least forty (40) fect IG. Buildings and structures shall be located no farther than zero (0) feet from the property line, except in conjunction with providing required visibility at intersections, driveways- open spaces and public plazas; or when additional setback is necessary to provide for required "Pedestrian Zone �PZ). Building placement is a iactor of roadway type and CRA district, which determines the min. width and design of the PZ. Except for the Downtown District, where the minimum PZ width is 18', the minimum PZ in all other districts if 16 ft. See Section 5.C.2. below for additional relief provisions from build -to line requirements. 11. Listed eligible historic structures are not required to meet these standards. 13. Usable open space shall be required for all developments two (2) acres in size or larger which shall be devoted to plazas or other public open space, excluding private recreation. See Chapter 4, Article 111, Section 8 for additional regulations. oil VVIT"Velop Within the entire station area). 16. The maximum density for projects within the Downtown Transit -Oriented Development District Overlay Zone (the Station Area) may be increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 14-009, passed 7-1- 14; Am. Ord. 15-006, passed 3-2-15; Am. Ord. 16-023, passed X Sec. 2. Standards. N Sec. 3. Special Reductions in Required Off -Street Parking. The following provisions to reduce the number of required off-street parking spaces shall be utilized individually and not in conjunction with each other or with any other provisions to reduce parking within this article. NOTE: Calculation of needed handicap accessible off-street parking spaces shall be pursuant to the base parking requirements and not based on the reduced parking requirements described by this section for which a project may be eligible (also see Section 5 below regarding Handicap Accessible Off -Street Parking). A. Minimum Parking (Five Percent (S%) Reduction). For all non-residential uses, the total number of required off-street parking spaces may be reduced by up to five percent (5%) of the standard number of required parking spaces for the use(s) to which they are assigned. 1. Applicability. This provision to reduce the standard number of required parking spaces shall only apply when the following conditions are met: a. The reduction in the number of parking spaces shall not cause the development to be noncompliant with Section 2.A. above; b. Shall only apply to non-residential uses; and c. Shall not be applied in conjunction with other provisions to reduce the number of required off-street spaces pursuant to this article. 2. Criteria. The following criteria shall be used in the evaluation of a request to reduce the standard number of required parking by five percent (5%): a. Landscaped areas within off-street parking areas shall be maximized and enhanced, and existing plant material, particularly mature shade trees should be preserved to the maximum extent possible, to help reduce ground -level absorption of solar radiation; b. Impervious surfaces shall be minimized; and c. Pedestrian connections shall be enhanced. 3. Methodology. Where the reduction in the number of required parking spaces as computed includes a fraction, the reduced number of parking spaces shall be the computed number rounded down to the lowest whole number. B. Joint Access/Parking. In all districts, when two (2) or more abutting properties combine their on-site parking with common access drives and interconnectivity for both vehicular and pedestrian use, the total number of required parking spaces may be reduced by ten percent (10%). A review for this type of parking reduction shall be conducted by staff upon the submittal of a cross -parking agreement between property owners in conjunction with a request for a new site plan or site plan modification in accordance with Chanter 2, Article II, Section 2.F. C. Shared Parking. Mixed use developments may utilize the following required parking methodologies based upon shared parking with different hours of use. The total requirement for off- street parking spaces shall be the highest of the requirement of the various uses computed for the following five (5) separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods, the percent of parking required shall be calculated and certified by a licensed traffic engineer using "Shared Parking, Second Edition", U.L.I., 2005, or other acceptable methodology. -- FANCE Quantitative evidence may also include, where appropriate, field studies and traffic counts prepared by a traffic consultant experienced in the preparation of parking studies. In addition, a minimum buffer of ten percent (10%) shall be provided to ensure that a sufficient number of parking spaces are available at the peak hour/peak season of parking demand. Calculation of said buffer shall be based on the total number of parking spaces determined to be required at the peak hour/peak season of parking demand. Evidence for joint allocation of required parking spaces shall be reviewed for accuracy and appropriateness. D. Martin Luther King Boulevard Overlay Zone. Parking space requirements shall be calculated in accordance with Section 2 above and shall be reduced by fifty percent (50%). E. Payment in Lieu of Parking. The payment in lieu of parking option is applicable within the central business district (hereinafter CBD) and those areas described under Section 4, "Exceptions to Providing Required Off -Street Parking," A. "Adaptive Re -Use," below. 1. Applicability. Within these areas at the time of any new building construction, off-street parking spaces shall be provided as required by this article and Chapter 3, Article III, Section 3.E. 2. Fee (Method of Assessment). Up to ten percent (10%) of the required parking for new construction and twenty-five percent (25%) of the parking required under the adaptive re -use provisions below in Section 4, as set forth in this subsection, may be satisfied in whole or part by the payment of a non-refundable parking improvement fee in lieu of the provisions of the required off- street parking spaces. Parking improvement fees shall be assessed as follows: The engineer for the applicant shall submit a signed and sealed cost estimate for the construction of structured parking spaces. The estimate shall be broken down by individual spaces, including design, land, and construction cost. If necessary, an outside professional may be retained by the city to review the applicant's cost estimate. The applicant shall pay the retainer fees associated with the review of the cost estimate by the city's consultant. Once reviewed and accepted by the City Engineer or designee, the parking improvement fee in the amount of one hundred ten percent (110%) of the estimate shall be paid to the city in full, prior to the issuance of the first building permit for the project. Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject to use by the city for parking related improvements in the geographic areas to which this subsection applies. 3. Additional Requirements. Whenever a payment in lieu of parking is authorized and accepted, the following additional requirements shall apply: a. Any off-street parking arrangement satisfied in this manner shall run with the land, and any subsequent change of use which requires more parking shall require recalculation of the payment in lieu of parking fee. b. No refund of payment shall be made when there is a change to a use requiring less parking. 4. Parking Trust Fund. In addition to land acquisition and the construction of parking spaces, the funds collected may be used to inform the public about parking resources or transit programs, as well as to promote alternative programs intended to alleviate parking congestion, such as the use of a trolley or shuttle system or the construction of bicycle lane facilities. NOTE: With the 50% special reduction in parking for the subject in the Martin Luther King, Jr. Overlay District, the subject, with 100' frontage, meets the requirement for 10 parking spaces 64 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. I-V 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. [Y: Page 1 of 5 Vance Real Estate Service Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser - Real Estate Analyst - Reviewer - Expert Witness Vance Real Estate Service - 7481 NW 4 Street - Plantation - Florida - 33317 Office: 954.583.2116; Cell: 954.610.2423; Email: vanceval(a,comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran -Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Currently registered in "SAM" (U.S. Government System for Award Management — DUNS 826494957). Designated appraisers perforin the appraisal work, no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers, we perforin most other real property functions. We also do "Valuations for Financial Reporting." PROFESSIONAL QUALIFICATIONS A) PROFESSIONAL DESIGNATIONS/ DEGREES/ LICENSES & CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS (RE -Urban) 4003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE -CERTIFIED GENERAL REAL ESTATE APPRAISER 4RZ-85 (Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO. BK. 91050 REGISTERED VETERAN -OWNED SMALL BUSINESS (CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE (Minority Business Enterprise - MBE) FLORIDA "D.E.P." APPROVED APPRAISER Currently registered in "SAM" (U.S. Governinent System for Award Management). B) QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1. U.S. Court of Appeals, Eleventh Circuit 2. U.S. District Court, Southern District of South Florida 3. U.S. District Court, New Jersey 4. U.S. Bankruptcy Court, Southern District of Florida 5. U.S. Bankruptcy Court, District of New Jersey 6. U.S. Bankruptcy Court, Western (Pittsburgh) Division of Pennsylvania 7. Florida Circuit Courts: Broward, Dade, Patin Beach, Lee, Collier, Martin, and Okeechobee Counties 8. Appraiser on landmark eminent domain cases: TESSLER, NESS TRAILER PARK, PATEL, SIMPSON v. FILLICHIO, RUBANO, PALM BEACH COUNTY (FL) vs. COVE CLUB INVESTORS, LTD. C) EXPERIENCE Over thirty-five (35) years appraising and analyzing real property interests in South Florida. Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS & NURSING HOMES, VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR) VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF -STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS, etc. 67 Page 2 of 5 D) PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landmark Bank; City National Bank; BankUnited; Gateway American Bank; State Farrn Bank; Englewood Bank & Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH, COLLIER, OKEECHOBEE; BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS; OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U_S. TREASURY DEPARTMENT (General Counsel, I.R.S.); U.S. MARSHAL'S SERVICE —U.S. ATTORNEY'S OFFICE CENTRAL DIVISION —U.S. Dept. of Justice; VETERANS ADMINISTRATION E) EDUCATIONAL BACKGROUND - (Partial List) BACHELOR OF ARTS - Earlham College, Richmond, Indiana (1954) MBA (Nova University) - Real Estate Management & Development (National Dean's List 1991) Course 1 (AIREA) - Basic Principles of Appraising Course 2 (AIREA) - Urban Property Valuation (Income) Course 4 (AIREA) - Condemnation Appraising Course 6 (AIREA) - Income Capitalization & Analysis Course 101 (SREA) - Introduction to Appraising Course 201 (SREA) - Income Property Valuation, Theory Course 202 (SREA) - Applied Income Property Valuation Course 301 (SREA) - Applications/Appraisal Analysis Symposium (SREA) - Market Analysis, 1978, Virginia Symposium (SREA) - Market Analysis, 1979, Arizona Symposium (SREA) - Market Analysis, 1980, South Carolina Symposium (SREA) - Market Analysis, 1981, Tennessee Symposium (SREA) - Market Analysis, 1982, New Mexico Symposium (SREA) - Market Analysis, 1983, Pennsylvania Symposium (SREA) - Market Analysis, 1984, Georgia Symposium (SREA) - Market Analysis, 1985, Vancouver, B.C. Symposium (SREA) - Market Analysis, 1986, New Jersey Clinic (SREA) - #201 Instructor, 1987, U. of Illinois Clinic (SREA) - #201 Instructor, 1988, Illinois Seminar (SREA) - Professional Practice, 1988, Florida Symposium (SREA) - Market Analysis, 1988, California Symposium (SREA) - Market Analysis, 1989, Minnesota MBA Graduate School Courses: 1990 — 1991 Successfullv completed the followine eraduate school courses - "Regulation of Real Estate Development" - "Real Properties Management" - "Legal Issues In Real Estate" - "Market Analysis and Site Selection" - "Organizational Behavior and Management"' - "Human Resource Management" - "Real Estate Economics" - "R. E. Finance: Instruments, Institutions & Investment Analysis" - "Urban Infrastructure & Environmental Analysis" - "Real Estate Accounting" - "Marketing Management for Real Estate" - "Commercial Real Estate Lending" - "Construction Technology and the Building Development Process" SEMINAR (AI) - Cost Approach (1992/Boston) SEMINAR (AI) - Rates & Ratios (1992/Boston) SEMINAR (AI) - International Appraising (1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial (1993) SEMINAR (AI) - ADA ACT (1993/Reno) SEMINAR (AI) - Hotel Valuation (1993) SEMINAR (AI) - Income Capitalization, Methods (1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation (1994) SEMINAR (AI) - Verifying Market Data (1994) SEMINAR (AI) - Market Studies for Appraisals (1994) SEMINAR (AI) - Florida Appraiser Core Law (USPAP/1994) 68 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) 69 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) rct 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). 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 r`i I of 4 Vance Beal Estate Service Claudia Vance, MAI Appraiser - Real Estate Analyst Reviewer Vance Real Estate Service - 7481 NW 4 Street Plantation - FL - 33317 Office: 954.583.2116 Cell: 954.647.7148 Email: vancevalgatt.net Web Site: www.vancerealestateservice.com Vance Real Estate Service is a Veteran -Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Designated appraisers perforin the appraisal work, no trainees. Our appraisals are used for financial/ mortgage loan purposes from large mixed use complexes to small owner- occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B. Vance, Jr., MAI, SRA, ASA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, deficiency judgments, marriage dissolution, and estates. Our firm values most types of real property interests, timely, professionally, and at competitive costs. PROFESSIONAL QUALIFICATIONS A) PROFESSIONAL DESIGNATIONS/ LICENSES MAI Designation - APPRAISAL INSTITUTE No. 9451 State -Certified General Real Estate Appraiser No. RZ-173 Florida State Licensed Real Estate Broker No. BK 0161305 VOSB Veteran -Owned Small Business (CCR/Duns 826494957) B) WORK HISTORY 1983 - Current Vice President - Vance Real Estate Service 1981-1983 President - The Appraisal Company, Fort Lauderdale, Florida 1979-1981 Staff Appraiser - Real Property Analysts, Inc., Fort Lauderdale, Florida 1976-1980 REALTOR -Associate - The Atwood Corporation, Fort Lauderdale, Florida 1973-1975 Teacher of Secondary Language Arts in the Jefferson Parish School in Louisiana C) QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S. Bankruptcy Court, Southern District of Florida Florida Circuit Court: Broward County D) APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 E) EXPERIENCE: 35+years appraising and analyzing real property interests in South Florida. Partial list of real property types valued: High value residences, Condominiums/ Co-operatives, Office, Industrial, Multi -family, Restaurants/ bars, Auto dealerships, City Centers, Hotels/ inotels, Houses of worship, Schools, Child care centers, Self -storage, Funeral home, Animal Hospital, Mixed use, Nursing homes, Gas sales stations, Marinas, Mobile home parks, Shopping centers, Country clubs/ golf courses, Financial institutions, Bowling centers, Vacant land, Agricultural properties, Environmentally sensitive land Types of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investiment Analyses, Partial Interests, Easement Valuations, Estate planning, Marriage dissolution, Land use studies, Damage/ Contamination studies MAI 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) 73 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) 74 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 W. 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 111, of the Florida Statutes, having an address of 710 North Federal Highway, Boynton Beach, FL 33435 (hereinafter "PURCHASER") and LARANN, LLC, a Florida limited liability company, having an address of P.O. Box 362042, Melbourne, Florida 32936-2042 (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 (collectively the "Property" or "Properties") and more particularly described as follows: LOT 170, ARDEN PARK ADDITION TO BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF, ON FILE WITH THE CLERK OF THE CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY, FLORIDA, PLAT BOOK 2, PAGE 96. Parcel Control Number 08-43-45-21-18-000-1700 Property Address: NE 11th Ave, Boynton Beach, FL 33435 and together with; MEEKS & ANDREWS ADD UNMBRD LT E OF LT 1 BLK 4, ACCORDING TO THE PLAT THEREOF, ON FILE WITH THE CLERK OF THE CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY, FLORIDA, OR BOOK 25652, PAGE 1238. Parcel Control Number 08-43-45-21-22-004-0110 Property Address: 211 NE 9th Avenue, Boynton Beach, FL 33435 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Properties shall be the greater of the appraised value, as estimated by the Buyer's appraiser, or Fifty Seven Thousand Five Hundred and 00/100 Dollars ($57,500.00), payable in cash, by wire transfer of United States Dollars at the Closing. This contract is contingent upon the Properties appraising for not less than the Purchase Price. PURCHASER shall, at PURCHASER'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. 00931063-I Purchase and Sale Agreement Page 2 of 15 3. DEPOSIT. 3.1 Earnest Money Deposit. Within three (5) Business Days after the execution of the Purchase Agreement by both parties, however, not later than April 15, 2018, PURCHASER shall deliver to Lewis, Longman & Walker, PA ("Escrow Agent") a deposit in the amount of Five Thousand and 00/100 Dollars ($5,000.00) 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 April 15, 2018 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 estate taxes and special assessments for the year of Closing and subsequent years not yet due 00935063-1 Purchase and Sale Agreement Page 3 of 15 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 ten (10) 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 11 investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER's sole and absolute discretion, to terminate this contract and 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 ten (10) 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. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than fifteen 00935063-I Purchase and Sale Agreement Page 4 of 15 (15) 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 five (5) 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 15 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 unoccupied 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 15 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 15 10.4. Closing Costs. PURCHASER shall be responsible for title insurance expenses and all documentary stamps on the deed, recording the deed and half of all general closing expenses (settlement fee, courier fees, overnight package, etc.). SELLER is responsible for half of all general closing expenses, not to exceed $350.00, 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 15 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 15 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 15 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. 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: 00935063-1 Purchase and Sale Agreement Page 11 of 15 If to Seller: Larry Finkelstein, Manager Larann, LLC P.O. Box 362042 Melbourne, FL 32936-2042 If to Purchaser: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL33435 With a copy to: Kenneth Dodge Lewis, Longman & Walker, PA 515 North Flagler Drive Suite 1500 West Palm Beach, FL 33401 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, 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. 00935063-1 Purchase and Sale Agreement Page 12 of 15 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 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. 00935063-t Purchase and Sale Agreement Page 13 of 15 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, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 18.5. Severability. If any provision of this Agreement or the application thereof 00935063-1 Purchase and Sale Agreement Page 14 of 15 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, shall be awarded to the prevailing party. 18.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has 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 15 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER: SELLER: BOYNTON BEACH COMMUNITY LARANN, LLC REDEVELOPMENT AGENCY Printed Name: Steven B. Grant Printed Name: Larry Finkelstein Title: Chair Title: q Date: Date: -- )C, . WITNESS: �WITNE S: s" Printed Name: t1tedName&11Ltk. WITNESS: ( WITNESS: Printed Name: Printed Name:; r„• f, ESCROW AGENT Lewis, Longman & Walker, P.A. Printed Name: Date: 00935063-t I-AT�T r��1�11I��iiiZi • r. : _ 1 THIS ADDENDUM TO CONTRACT is attached to and made a part of that certain Purchase and Sale Agreement of even date herewith (the "Agreement") by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes ("PURCHASER") and LARANN, LLC, a Florida limited liability company ("SELLER") for the purchase and sale of: ON FILE WITH THE CLERK OF THE CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY, FLORIDA, PLAT BOOK 2, PAGE 96. Parcel Control Number: 08-43-45-21-18-000-1700 Property Address: NE 11th Ave, Boynton Beach, FIL 33435 and together with; ON OF • A • FOR PALM BEACH • FLORIDA, OR BOOK 25652, PAGE 1238. Parcel ,Number: 08-43-45-21-22-004-0110 Address:Property In the event of any conflict or inconsistency between the terms and provisions of the Agreement and this Addendum to the Agreement (the "Addendum"), the terms and provisions of this Addendum shall be construed to control and prevail. Capitalized terms appearing in this Addendum shall have the same meaning as said terms are given within the Agreement. The Agreement and this Addendum are hereinafter sometimes collectively referred to as the "Agreement". The parties further agree as follows: PURCHASERis aware that SELLER acquired the property which is the subject of this transaction by way of Quit Claim Deed, and, as a result, SELLER's knowledge of the condition of the property is limited and that SELLER is selling and PURCHASER is buying the property in its present "AS IS" CONDITION WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE. PURCHASER INSPECTION - This agreement is conditioned upon PURCHASER's personal approval of an inspection of the Property and the improvements on the Property, if any. PURCHASER's inspection may include, at PURCHASER's option, the site boundaries, geological condition, structural, mechanical, electrical and general condition of the improvements to the Property, an inspection of the Property for the possible presence of hazardous materials, a pest Inspection, and a soils/stability inspection. All inspections are to be (a) ordered by PURCHASER, (b) performed by an inspector of PURCHASER's choice, and (c) completed at PURCHASER's expense. PURCHASER shall not alter the Property or any improvements on the Property without first obtaining SELLER's permission. PURCHASER is solely responsible for interviewing and selecting all inspectors. PURCHASER shall restore the Property and all Improvements on the Property to the same condition they were in prior to the inspection. PURCHASER shall be responsible for all damages resulting from any inspection of the Property performed on PURCHASER's behalf. Further, the closing of this transaction shall constitute as an acknowledgement by the PURCHASER(s) that the Property and premises were accepted without representation or warranty of any kind or nature by the SELLER. AUTOMATIC WAIVER IF PURCHASER DOES NOT DISAPPROVE INSPECTION. This inspection contingency SHALL CONCLUSIVELY BE DEEMED SATISFIED (WAIVED) unless PURCHASER gives written notice of disapproval of the inspections within 10 days after The Effective Date of the Agreement. PURCHASER may disapprove the inspection for any reason in PURCHASER's sole discretion. If PURCHASER gives a timely notice of disapproval, then this Agreement shall terminate and the earnest money shall be refunded to the PURCHASER. PURCHASER: SELLER: BOYNTON BEACH LARANN, LLC COMMUNITYREDEVELOPMENT AGENCY Printed Name: Steven B. Grant Title: Chair Date: WITNESS: Printed Name: WITNESS: Printed Name: 0 Printed Name: Larry Finkelstein Title: _y E Date: S ` Printed Name: WITNESS: 4 2,1 Printed Name:ah,''� 11 li I CRA BOARD MEETING OF: April 10, 2018 NEW BUSINESS AGENDAITEM: 14.13. SUBJECT: Consideration of Funding of Intersection Improvements Associated with Florida Department of Transportation US 1/Federal Highway Project SUMMARY: On August 8, 2017, as part of the FY 2017-18 Budget discussion, the CRA Board discussed the funding of enhancements for US 1/Federal Highway as part of the FDOT roadway resurfacing plans. These improvements would include more cosmetic items to increase pedestrian safety and/or bike lanes at the larger or more prominent intersections within the corridor that will not be funded by FDOT. The Board did not identify a line item in the FY 2017-18 Budget for these intersection improvements since reallocation of funds is possible after City and CRA staff coordinates with FDOT on feasibility and costs (Attachment 1). On March 15, 2018, City and CRA staff participated in a conference call with representatives from FDOT to discuss the proposed intersection improvements for Woolbright Road, Ocean Avenue, and Boynton Beach Boulevard. These will include patterned pavement on the crosswalks with the City's logo in the middle of the intersections as well as enhanced pedestrian crosswalks and bicycle lanes(Attachment 11, 111 & IV). The cost estimates provided indicate a total cost of $169,78, including a 20% contingency, for the three intersections at an average cost of $57,000 per intersection (Attachment V). If the project is supported by the CRA Board, staff would like to recommend adding the MLKJr. Boulevard/NE 10th Avenue intersection as a fourth location bringing the project's estimated funding total to $230,000. In addition to the four intersections described above, City staff is suggesting that the CRA consider funding the three intersections at: 1) Gateway Boulevard; 2) SE 23rd Avenue/Golf Road; and 3) SE 36th Avenue/Gulfstream Boulevard for a total of seven (7) intersections and a total project cost not to exceed $400,000. The approval and funding commitment to FDOT from the City is required by April 11, 2018 with payment to be received in November through a local funding agreement between the City and FDOT for installation anticipated in February 2019. An Interlocal Agreement between the City and CRA will be required to be approved by the CRA Board for reimbursement to the City for the cost of the improvements. FISCAL IMPACT: To fund $230,000 for four (4) CRA staff recommended intersections from the FY 2017-2018 Project Fund: Reallocate $125,000 from the E. Boynton Beach Boulevard Parking Project line item; $33,500 from the Housing Rehab Project line item; and a total of $71,500 from the Housing Rehabilitation, Property Acquisition and Survey & Appraisals line items. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton, Federal Highway and Downtown Districts CRAAB RECOMMENDATION: Recommends approval to fund the proposed intersection improvements associated with the FDOT US 1/Federal Highway corridor improvements at the intersections of Woolbright Road, Ocean Avenue, Boynton Beach Boulevard, and MLK Jr. Boulevard/NE 10th Avenue for an amount not to exceed $230,000 dollars. CRA BOARD OPTIONS: 1. Approval to fund the proposed intersection improvements associated with the FDOT US 1/Federal Highway corridor improvements at the intersections of Woolbright Road, Ocean Avenue, Boynton Beach Boulevard, and MLK Jr. Boulevard/NE 10th Avenue for an amount not to exceed $230,000 dollars. 2. Do not recommend approval to fund the proposed intersection improvements associated with the FDOT US 1/Federal Highway corridor improvements at the intersections of Woolbright Road, Ocean Avenue, Boynton Beach Boulevard, and MLK Jr. Boulevard/NE 10th Avenue for an amount not to exceed $230,000 dollars. 3. Recommend an alternative after further discussion. ATTACHMENTS: Description D Attachment I - Excerpts of M inutes of the August 8, 2017 CRA Board Meeting D Attachment II - March 15, 2018 FDOT Conference Call Notes D Attachment III -Conceptual Design D Attachment IV - Intersection Location Map D Attachment V - Cost Estimates for Woolbright Road, Ocean Avenue, and Boynton Beach Boulevard Intersections Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 Mr. Simon noted staff identified by line item which part of the CRA plan was being addressed. Sara Sims Park improvements had $600,000 allocated which was part of the HOB Plan to match the City's $700,000 commitment to the Park. The Town Square was for the Cultural District. Chair Grant noted there has not been redevelopment on MLK since he moved and he was aware the Ocean Breeze East project was close to MILK. He supported getting the Ocean Breeze East project in motion if it took an extra million dollars and wanted the Board to consider it because it is the same District. He was fine with keeping the funding in the MLK Corridor redevelopment and getting ideas for the street. He favored lights wrapped around the poles to add some panache to MLK. Mr. Simon explained this item was addressed by the CRA Advisory Board who recommended, if considering some type of site redevelopment assistance grant or redevelopment project with the Community Caring Center, the MLK Corridor Redevelopment or the Acquisition line items be used. The Model Block project was a roll over from the current budget of $360,670 to continue the replat, road work and site development for the Model Block project. There will be a connection from Seacrest to NW 18t Street on NW 11th Avenue. Mr. Simon explained by the end of this fiscal year, there will be a physical change on the roadway. It was coordinating with FPL underground lines and cable providers. The CRA will create more lots. The E. Boynton Beach Boulevard improvement extension was ongoing. Staff was working with the City to reconfigure the existing parallel parking spaces on the north side of the Boynton Beach Boulevard extension entering the Marina area and providing new spaces in the roundabout where there currently are none. There was $125,000 budgeted. With the estimate from Kimley Horn and with the City's match, there may be an overage. The City budgeted $75,000 and the CRA budgeted $125,000. Staff will keep the Board apprised of the construction cost to ascertain if the Board still supports providing additional parking, realigning of the landscape bed and the lighting. Chair Grant opposed the item noting last year, Marina Village got $900,000 for the beautification of the Marina space. He thought the $125,000 should go to road improvements, but there are many pending improvements on Federal Highway with the FDOT roadway resurfacing plans. He thought the Board should wait a year or two because more than 50 new spaces would be created by Ocean One. He commented the company that originally constructed Boynton Beach Boulevard did a poor job and there was leaking irrigation. He did not mind if the funds would be used elsewhere to make a better impact in the CRA. Mr. Simon agreed regarding the FDOT improvement project, which was also supported and recommended from the CRA Advisory Board. The Board did not identify a line item, but recommended the Board consider finding funding to enhance that project. Staff could identify those items if the Board wanted to allocate funds and would speak with the Treasure Coast Regional Planning Council, the Metropolitan Planning Organization, and FDOT to see how they could work together to 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 improve the project or add items FDOT does not have available funding. He noted improvements could be cosmetic, include better identification of pedestrian safety at larger intersections, bike paths or others. Mr. McCray did not want anyone to tell the MPO the CRA has money for the project. There was agreement to keep the funds in the line item. If the Board wanted to reallocate, the City would still make improvements regarding the raised planter beds regardless of any CRA assistance to add parking in the roundabout. The funds could be used as a placeholder, but staff would not want to bid the project if the Board wanted to use the funds for FDOT. It will take some time to get with the FDOT so a decision did not have to be made. The property acquisition line item had $766,000 to roll forward. Last year, the line item had $1.5 million. About $800,000 was spent. Mr. Simon would forward a list of whai was acquired to the members. The Cottage District project funds would roll over for site information and potential fesign work of $70,000. Mr. McCray asked about the Special Events/Community Grants funds and if the grants were reimbursable. Mr. Simon explained this year, the Board and the CRA Advisory Board did not support traditional special event grants to non -profits or for-profit organizations to hold neighborhood or other types of special events that met a list o-1, criteria the Board had provided. With the grant applications that have come before the Board, there was a desire for economic development and special events that would be a catalyst for existing businesses, and it was evolved into a community building grant. The Board wanted to stay with more direct cause and effect types of grants, and it is a category the State reviews with a more critical eye. The Economic Development Grant programs were allocated $519,000 including the funding allocated for the social media outreach program. Staff had indicated the grant application guidelines would be reviewed by the Board next month, and they will tweak the grants based on the Board's recommendation to spread funding out. Mr. Simon advised all the funds in the line item are spent every year. The Professional Services line item covered site demolition, legal costs, and architectural services. Some funds in this line item could be reallocated later in the year. W FIN I FYI k' No W MEETING MINUTES Phone Coordination Meeting SR 5/US I/Federal Highway TO: Thuc Le, PE — FDOT D4, Mike Simon, PE — City of Boynton Beach, Gary Dunmyer, PE — City of Boynton Beach, Sergio Quevedo, PE - JMT, Dan Dan Zhao, PE - JMT DATE: March 19, 2018. FROM: Maverick Marshall, PE CC: PROJECT: SR -5 3R FPID 437834-1 17450 N of George Bush Blvd. to C-16 Canal. JMT 16-1344-001 RE: Phone Coordination Meeting with City of Boynton Beach A phone meeting for the above -referenced project was held on March 15, 2018 at 9:30 AM. The following summarizes the issues discussed. Patterned Pavement 1. City representatives expressed their concern regarding the 20% contingency fee that was included in the cost proposal. FDOT representative commented that any un -used funds would be returned to the City upon construction completion. 2. City representatives commented that they prefer the patterned pavement on the crosswalks with the logo in the middle of the intersections. 3. City representatives also expressed their interest of adding Woolbright Rd. to the list of intersections to receive patterned pavement features. City representatives requested a cost proposal for Woolbright Rd. 4. City representatives noted the following meeting dates where the proposal could be presented to City Commissioner's: March 20, 2018 and Boynton Beach CRA Board meeting: April 10, 2018. 5. City staff will present the concepts and costs at the meeting. Once the City staff receives the approval, the team will then move forward with the local funding agreement. FDOT will receive a final decision from the City representatives around April 11, 2018. Crosswalk Enhancements City representatives expressed interest in installing enhanced lighting of the cross walks (lighting embedded in pavement) for the intersections at E. Ocean Ave. and E. Boynton Beach Blvd. as an added safety feature. FDOT representative and JMT designer commented that these features are usually installed at mid - block crossings and are not normally installed at signalized intersections. JMT designer commented that per current FDOT standards, the signalized intersections on the project will receive lighting enhancements and high -emphasis crosswalks, and that embedded lighting is maintenance intensive. City representatives accepted the FDOT proposed enhancements. There will be no further consideration of embedded lighting for the cross walks at E. Ocean Ave. and E. Boynton Beach Blvd. Parking Spaces (See attachment for locations) 10. JMT designer informed the City representatives that due to sight distance issues, several ADA ramps, handicap parking and regular parking spaces will be removed as it is a safety concern. 11. While it is not preferable to lose parking stalls, City representatives agreed with this approach. 12. JMT designer commented that there are ADA ramps in proximity to the ones proposed to be removed. Bus Stops/Parking Spaces SR -5 3R FPID 437834-1 17450 N of George Bush Blvd. to C-16 Canal. March 15, 2018 Phone Coordination Meeting Page 2of2 13. JMT designer noted that there are locations where there are on -street parking spaces at the existing bus stops. It was recommended to shift the striping in order to provide a 5 ft path between the parking stalls from the bus stop to the bus location. 14. City staff accepted this proposal. 15. City representatives also expressed concerns for locations where the bus stops is immediately upstream of a signalized intersection. JMT designer confirmed that coordination was made with Palm Tran, and while Palm Tran is consolidating stop locations due to existing redundancy, two of the bus stops at E. Boynton Beach Blvd. could not be relocated due to existing bus shelters at these locations. 16. City staff acknowledged this condition. 17. City representatives inquired as to a midblock pedestrian crossing at SE 10f Ave. FDOT staff noted that this issue was discussed during a field meeting on Feb. 15, 2018 with City representatives. City staff noted and stated that they would provide pertinent statistics to the FDOT for further evaluation. These meeting minutes represent our understanding of the issues discussed. These minutes will be considered final, if corrections or clarifications are not received by 3/22/18. 1,1 I ,II I III II II III IIII I I I II yI Iq I I Iq I I J z o pp no II �p N r /P IN I I IN R ap INI I G I I } I III I YQ EA ti NI CD z ✓�I � II III I�I III ' I ,ii ,ii ISI 1 INII � I) I Ilu W v z Oa BHN__ WMV��N Wb�3 WMA a � U III N SII IIII � IIII � I�, II ^ I II�III III w I I oa a � � IIII � ,IIII IIII IIII b �s uV /P a II,III IN Y �� AHI Ilwll III I i= i I II SII III I �j• II - _ �� • III ��• IIII I '"� ^b III �a IIII ON N IIII IIII III a m ry NMN N �� z III II III -III 2_p_v_Q >pp '3AV Hlb 3N I ap� p� ---- 3/1H 14 3N asI II ;III IE- -,IF LU ��a � IIII III II fl t ,� II =III II IIII a e Ya b� C -- — III Q III III IIII �� M LQ --- III i IIII ¢¢ i IIII to III III III W + Q IVNJIS 1X3N �L LII IIII PAIR 408 III a III r uoIuAo8 3 IIII ,n ,// II II � IIII ma IIII III p IIIA �'�' �� III II II = Illrl �m aQ � III II 1111 2 IIII b z ^ III II 10 U09 w ^x 1 71M w Q o �'= IIII I 11 � 11 III �I I II II II I '-9AV oaf 3N lull 4II IIS _ nil w NI 'w p a w , '3/1V H19 3N ry QQ x a •- F ry F z (— K a, v� z .n O p E. BOYNTON BEACH BLVD. / US1 INTERSECTION PAYITEM DESCRIPTION JUNITS JOUANTITY JUNITCOST COST 523-1 PATTERNED PAVEMENT ISY 1 547 1 $ 90.00 $ 49,201 SUBTOTAL $ 49,201 CONSTRUCTION SUBTOTAL $ 49,201 20% LFA CONTINGENCY $ 9,840 TOTAL $ 59,041 E. OCEAN AVE. / US1 INTERSECTION PAYITEM DESCRIPTION JUNITS JOUANTITY JUNITCOST COST 523-1 PATTERNED PAVEMENT ISY 1 512 1 $ 90.00 $ 46,119 SUBTOTAL $ 46,119 CONSTRUCTION SUBTOTAL $ 46,119 20% LFA CONTINGENCY $ 9,224 TOTAL $ 55,342 E. WOOLBRIGHT RD. / US1 INTERSECTION PAYITEM DESCRIPTION JUNITS JOUANTITY JUNITCOST COST 523-1 PATTERNED PAVEMENT ISY 1 513 1 $ 90.00 $ 46,165 SUBTOTAL $ 46,165 CONSTRUCTION SUBTOTAL $ 46,165 20% LFA CONTINGENCY $ 9,233 TOTAL $ 55,398 $ 169,781 I CRA BOARD MEETING OF: April 10, 2018 NEW BUSINESS AGENDAITEM: 14.C. SUBJECT: Discussion and Consideration of Lease Terms for the Property located at 201 NE 9th Avenue SUMMARY: The CRA recently purchased the property located at 201 NE 9th Avenue, Boynton Beach, FL 33435. The property is located within the E. MLK Jr. Boulevard corridor and MLK Jr. Multi -Family area as outlined in the 2016 CRA Redevelopment Plan - Heart of Boynton District and adjacent to several CRAowned parcels (Attachment I & II). The property supports an existing residential rental duplex on the property which is currently occupied by two tenants whose leases terminate at the end of May 2018 and August 2018 (see Attachment 111). The details of the leases are listed below: Ms. Juana McCloud lives in 201A and pays a monthly rent of $600. Ms. McCloud's lease expires on August 31, 2018 and the CRA is holding a $500 security deposit. • Ms. Derica Edwards lives in 201 B and pays a monthly rent of $700. Ms. Edwards' lease expires on May 30, 2018 and the CRA is holding a $700 security deposit. Legal notice has been provided to each tenant informing them that the CRA is the new property owner and lease holder. Since the original leases were not with the CRA, staff is requesting Board approval to work with legal counsel to extend the current lease term by 60 days, to a time/date certain through a lease agreement with the each of the tenants. FISCAL IMPACT: None. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Heart of Boynton CRAAB RECOMMENDATION: Recommends approval for staff to work with legal counsel to provide a 60 -day extension through a lease agreement for each tenants for the property located at 201 NE 9th Avenue. CRA BOARD OPTIONS: Approve staff to work with legal counsel to provide a 60 -day extension through a lease agreement for each tenants for the property located at 201 N E 9th Avenue. 2. Do not approve staff to work with legal counsel to provide a 60 -day extension through a lease agreement for each tenants for the property located at located at 201 N E 9th Avenue ATTACHMENTS: Description D Attachment I - Location Map D Attachment II - 2016 Boynton Beach Community Redevelopment Plan: Heart of Boynton District D Attachment III - Leases N YNTON"' oil 0 0 E AC C RA- FUE2 I f " I 10 Mfj i uw i ILO -701 11 MiNURIM &I I k -11 w 2016 Boynton Beach Community Redevelopment Plan, Aw Heart of Boynton District (Pages 105 through 117 of the 20 16 Boynton Beach Community Redevelopment Plan) Introduction Planning Challenges Planning Considerations The Vision Recommendations N Introduction 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 Community Center, Galaxy Park and Scrub and Sara current market conditions. 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 Im Figure 57: Heart of Boynton District Location Map �sr Calle 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 through some form of a subsidy. Another major deterrent to private investment is the visible blight and crime. There are still a number of small convenience stores that allow loitering and illegal activities for all to see, discouraging people to buy homes or invest in businesses within the area. 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 P nr Corgi stior% 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'/2 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 A second consideration is the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of 1-95, exempts all development from the Palm Beach County traffic concurrency 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. district, tentatively called Shepard Funk Addition Historic Cottage District, be created within the block enclosed by N. Seacrest Boulevard, NE 1st Street, NE 3rd Avenue, and NE 4th Avenue. Figure 59: Historically significant cottages in the HOB 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. R comm n tionR 1-treetscE 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 • 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 Figure 60: Seacrest Blvd Streetscape Area Figure 62: MLK JR. Blvd. Street Section Recommendations. Lane' 11— The - The existing land use designations within the Heart of Boynton District are: • 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 LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX GAP HEIGHT Mixed -Use Medium* 50 MU -2, MU -3 50 75' Mixed -Use Lbw 20 MU -'I 20 45` High Density Residential 15 R4, IPUD 15 45' Medium Density II R3 I'PUD Residential 11 45' Low Density 75 R -'I -AAA, R-'I-AAB, R -I -AA, R -'I -A, R- 1, Residential PUD 7.5 45' Local Retail Commercial Wa C-2, C-3, PGD n1a 4' General nla C-4 Commercial n1a 45' Industrial n1a M -'I n1a 45' PPGI rVa Public Usage Wa 45' Recreation Wa Recreation n1a 45' "Properties located within the TOD may recieve a 25% density bonus 112 Figure 63: Recommended Land Use for the Heart of Boynton District LEGEND }., - Recr© dional (R) Itndusmal0) L- Density Residential (LDR) 5 d.f.. Medium Density Residential (MDR) 11 dWaC High Uensity ResuS-W (HURH 5 dWac Special High liensity Res0e0a1 iSHDR) 20dutac Inslitual'innai (PPGI) Local Retail Commc+rcial (LRC) Ganeral Commercial (GG) �r ............. .Mixed Use Low (MDL) 20 d Wac Mixed Use Medium (MUM) 50 d.;- Mixed Use High (MUH) 00 d is. TOD Recommendations. Urban DQE n • 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. MLK Commercial Multifamily flt) { 1� Figure 64: Heart of Boynton Projects BreezeOcean East s IT f Sara Sims Park Expansion Working with residents of the community, the CRA and its consultant created a master plan for the expansion and improvement of Sara Sims Park. The CRA has also purchased seven properties and deeded them to the City in preparation for the eventual expansion of the park. Staff will review the feasibility of converting a portion of Sara Sims Park Master Plan, along the western boundary, from Recreational Land Use to Single Family. This process shall include a public meeting, the Parks and Recreation Board review and recommendation, and Clty Commision approval. Ocean Breeze East The CRA owns 4.5 acres of vacant land east of Seacrest Boulevard between N.E. 6th and 7th Avenues. The CRA is seeking a private development partner to build a multi -family project on the site. Cottage District The CRA owns approximately 5 acres on the block between N.E. 4th and 5th Avenue. The CRAs 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. MLK Commercial Leveraging CRA -owned land and economic development grants, the CRA was able to bring 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 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. Figure 65: Sara Sims Expansion Figure 66: Ocean Breeze East Figure 67: Cottage District �' WWW �, r.; 4�'✓9 �� `� ( }q, � - t t� ` 4 LA Figure 65: Sara Sims Expansion Figure 66: Ocean Breeze East Figure 67: Cottage District Figure 68: Example of a Commercial Project on MLK Jr. Blvd. Figure 69: Example of Multi Family Project on MLK Jr. Blvd. Residential Lease for Single Family Home or Duplex (FOR A TERM NOT TO EXCEED ONE YEAR) A BOX Q OR A BLANK SPACE L__) INDICATES A PROVISION WHERE A CHOICE OR DECISION MUST BE MADE BY TH-. PARTIES. THE LEASE IMPOSES IMPORTANT LEGAL OBLIGATIONS. MANY RIGHTS AND RESPONSIBILITIES OF THE PARTIES ARE GOVERNED BY CHAPTER 83, PART It, RESIDENTIAL LANDLORD AND TENANT ACT, FLORIDA STATUTES. A COPY OF THE RESIDENTIAL LANDLORD AND TENANT ACT IS ATTACHED TO THIS LEASE. 1. PARTIES. This is a lease (the "Lease') between LARANN, LLC, PO BOX 3620_42, MELBOURNE, FL 32936 (name and address of owner of the property) JUANA PATRICE McCLOUD LA SINGLE WOMAN (name(s) of persori(s) to whom the property is leased) mom Landlord's E-mail Address: LAMARREALTY@AOL.COI IN Landlord's Telephone Number. 561r-736-9790 OR CELL 561-714-0417 Tevartfs E-mail Address'. Tenant's Telephone Number: 561-292-3602 2. PROPERTY RENTED. Landlord leases to Tenant the land and buildings located at 201A NE 9th Ave (street address) Boynton Beach Florida 33435 (zip code) together with the following furniture and appliances [List all furniture and appliances. If none, write "none."] (in the Lease, the property leased, including furniture and appliances, if any, is called the "Premises"): FRIDGE, MICROWAVE, RANGE10VEN , 2 WINDOW AIC UNITS 3, TERM. This is a lease for a term, not to exceed twelve months, beginning on SEPTEMBER 1, 2017 and (month, day, year) ending AUGUST31,2018 (the "Lease Term"). (month, day, year) 4. RENT PAYMENTS, TAXES AND CHARGES. Tenant shall pay total rent in the amount of $ 7,200-00 .. - (excluding taxes) for the Lease Term. The rent shall be payable by Tenant in advance in installments or in full as provided in the options below: X in installments. if in installments, rent shall be payable X monthly, on the IST day of each month (if left blank, on the first day of each month) in the amount of $&00.00 per installment. OR weekly, on the _ day of each week (if left blank, on Monday of each week.) in the amount of per installment. in full on in the amount of $ (date' Landlordh.,�and Tena F'j acknowledge receipt of a copy of this page which is Page I of 18 RLHD-3x 'R v.711 pprovedo*nri 15,2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar. Licensed to Alta Star Software and ID: D -456333835,X I M8,l G3692 Software and added formatting C 2017 Alta Star Software, all rights reserved.. www.altastar.com - (877) 279-8898 Tenant shall also be obligated to pay taxes on the rent when applicable in the amount of $ El with each rent installment r7l with the rent for the full term of the Lease. Landlord will notify Tenant if the amount of the tax changes. Payment Summary If rent is paid in installments, the total payment per installment including taxes shall be in the amount of $, 600.00 If rent is paid in full, the total payment including taxes shall be in the amount of $ All rent payments shall be payable to LARANN, LLG at (name) PO BOX 36 M 2042, ELBON URE, FL 362042 (If left blank, to Landlord at Landlord's address,) (address) :1 If the tenancy starts on a day other than the first day of the month or week as designated above, the rent shall be prorated from through in the amount of and shall be due (date) (date) on (if rent paid monthly, prorate on a 30 -day month.) (date) Tenant shall make rent payments required under the Lease by (choose all applicable) X cash, @41111, X money order, X cashiers check, or :j other (specify). If payment is accepted by any means other than cash, payment is not considered made until the other instrument is collected. If Tenant makes a rent payment with a worthless check, Landlord can require Tenant X, to pay all future payments by D monz, irder, cashiers check, or official bank check or Xf cash or other (specify) 2nd X to pay bad check fees in the amount of $ 50-00 (not to exceed the amount prescribed by Section 68,065, Flon Statutes) . I 0 W W W . . . 0. - a , ------ — ------ to LARANN, LLC at POBt' X362042,MELBOURNFI-362042 (address) First ;K month's i:j week's rent plus applicable taxes $ 600,00 due 9/1/17 Prorated rent plus applicable taxes Advance rent for D month iD week of M, Last D month's Ll week's rent plus applicable taxes $ due Security deposit $ 500.00 due 81112012 Additional security deposit $ due Security deposit for homeowners' association MO $ due $ due $ due $ due Landlordf - )and Tens acknowledge receipt of a copy of this page which Is Page 2 of IS RLHD-3x 4RRev,177116 Approved onpill 15,L 2010, lay the Supreme Court of Florida, for use under rule 1611-2.1(a) of the Rules Regulating the Florida Bar. Licensed to Alta Star Software and IIs: 0-456333835AIM13103592 Software and added formatting @ 2017 Alta Star Software, all rights reserved.. www.altastar.com - (877) 279-8898 10M. Q mi 1��W= all EVIOMM naN a , i MilIMAEUM MW __r M -,I- Landlord[Tenant Landlord/Tenant LandiordfTenant Landlord/Tenant roofs Ej windows :j screens steps doors 0 floors L-1 porches exterior walls foundations D plumbing II heating structural components hot water Ll running water :j locks and keys electrical system J cooling Ll smoke detection devices L] garbage removal/ outside receptacles 71 extermination of rats, mice, roaches, ants and bedbugs 71 extermination of wood -destroying organisms F-1 lawn /shrubbery Wj 4 water treatment filters specify) WINDOW AIC TO BE MAINTAINED By TENAN ceilings :j interior walls hr Other (specify) UNLESS DUE TO NEGLECT OR DAMAGE CAUSED BY TENANT OR TENANTS GUESTS. 61 Tenant shall notify,LARANN, LLC at PO BOX 362042, MELBOURN.E FL 362042 (name) (address) (if left blank, Landlord at Landlord's address) and 561-736-9790 of maintenance and repair requests. (telephone number) 11. ASSIGNMENT. Tenant may not assign the Lease or sublease all or any part of the Premises without first obtaining the Landlord's written approval and consent to the assignment or sublease. 12. KEYS AND LOCKS. Landlord shall furnish Tenant 2 # of sets of keys to the dwelling NIA # of mail box keys NIA # of garage door openers ti Landlord and Tenant acknowledge receipt of a copy of this page which is Page 3 of 18 RLHD-3x .7/16 Approved on Rp H 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1 (a) of the Rules Regulating the Florida Bar. Li Ce nsed to Ad ta Star Software and I0. D-4 563 3 383 5,X IM B, 103592 92 Software and added formatting 0 2017 Alta Star Software, all rights reserved. - www.alta:star.com # (877) 279-8898 If there is a homeowners' association. Tenant will be provided with the following to access the association's common areas/facilities: NIA # of keys to WI—A # of remote controls to MIA # of electronic cards to NIA other (specify) to -it PO BOX 362042 (name) L MELBOURNE, FL 362042 (if left blank, Landlord at Landlord's address (address) 11 13. LEAD-BASED PAINT. X Check and complete if the dwelling was built before January 1, 1978. Lead Warning Statement (when used In this article, the term Lessor refers to Landlord and the term Lessee refers to Tenant). M -111M.11117111111 � ! I 1111�1111!g IS est 101 it "M I IM T. nelore Fel ILIF EY ple- I 'a 7 o nousing , disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Lessor's Disclosure (initial) _(a) Presence of lead-based paint or lead-based paint hazards (check (j) or (it) below): (1) —El— Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). (ii) __;K_Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing, _(b) Records and reports available to the Lessor (check or (4) below): Lessor has provided the Lessee with all available records and reports pertaining to lead-based paint andil. lead-based paint hazards in the housing (list documents below), the housing. 00 X_ Lessor has no reports or records pertaining to lead- used paint and/or lead-based paint hazards in Lessees Acknowledgment initi (c) Lessee has received copies of all information listed above. ) Lessee has received the pamphlet Protect Your Family From Lead in Your Home. Agent's Acknowledgment (initial) (e) Agent has informed the Lessor of the Lessors obligations under 42 U.S.C. 4852dand isawareof his/her responsibill to ensure compliance. Certification of Accuracy The following ` part' s have reviewed the information above and certify, to the best of their knowledge, that the information provided by the signatory is t e and accurate, r X_:t– , & - ), - [ -1 M! M f. 1. PATRICE MCCLOUD U Date ��J- W -t-- j 6 � -/ — Dhte P it Lessee's signature LWM. M_ FIN MT Agents signature Date Agent's signature Date 14, SERVICEMEMBEIR. If Tenant is a member of the United States Armed Forces on active duty or state active duty or a member of the Florida National Guard or United States Reserve Forces, the Tenant has rights to terminate the Lease as provided in Section 83.682, Florid Statutes, the provisions of which can be found in the attachment to this Lease. Landlord, and Tenant M4,/jF11,,��,) acknowledge receipt of a copy of this page which is Page 4 of 18 RLHD-3x R v.7116 Approved on AWI 15, 010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar, Licensed toAlta Star Software and D; D-456333835.XlMB.103592 Software and added formatting @ 2017 Alta Star Software, all rights reserved.. www.altastar.com - (877) 279.8898 15. LANDLORD'S ACCESS TO THE PREMISES. Landlord's Agent may enter the Premises in the foiloWng circumstances: A At any time for the protection or preservation of the Premises - B. After reasonable notice to Tenant at reasonable times for the purpose of repairing the Premises. C. To inspect the Premises; make necessary or agreed-upon repairs, decorations, alterations, or improvements; supply agreed services-, or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors under any of the following circumstances: (f) with Tenant's consent (2) in case of emergency; (3) when Tenant unreasonably withholds consent; or (4) if Tenant is absent from the Premises for a period of at least one-half a rental installment period. (if the rent is current and Tenant notifies Landlord of an intended absence, then Landlord may enter only with Tenant's consent or for the protection or preservation of the Premises.) • - -FrIFIVE RETURN OF DEPOSITS SPECIFIED- shallTICIZE 5, IF MADE. If the Lease is not terminated, rent shall abate until the approval is obtained from Me association. Tenant agrees to use, due diligence in applying for association approval and to comply with the requirements for obtaining approval, :3 '':i... -securitydepositrequired by association,applicable,17. USE OF THE PREMISES. Tenant shalt use Landlord Tenant e Premises forresidentialpurposes. _ # a.. of possession to the dwelling, The Premises shall be used so as to compi with all state, count munici a] laws and ord N �. r '. :. �. � w: » w ' !.''; .i'#. i ! :. a'! !' :. !. a,.#. l '-i i» . : i. ...., a. i• i.,. '. . . . # y ;: .. _ * _. _ . is». » ..moi i. .. ... ! i T / . ... .i l.,»y # !a ! • ! ... r! " i .i. # ! .::a • fit 1 i'. Reat-ffstate Licensee Real -Estate Brokerage CompanY7 *41wi -we i 01111610.00- r-LosbE M "ME DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, As PROVIDED BY CHAPTER 83, FLORIDA TATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TEN T'S PERSONAL PROPERTY. The Lease has been ex u d by the parties on the dates indicated below, S . -car,,, ignatu�pARANN, LLC Date Landlord's Signature Date Signature Ilenant's Signatur#,____4qANA,PATAC9 McCLOUD tenant's Signature Adclress� k-ai i Date Date 11MIM Landlord and Tenanacknowledge receipt of a copy of this page which is Page 6 of 18 RLHD-3x ev- /16 Approved on %i5, L26�10, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulatin .the- lodda Bar. brensed to Alta Star Software and I D: D-456333835,Xl MB, 103592 Software and added formatting C 2017 Aft Star Software, all rights reserved. - www.altas,tar.com - (877) 279-8898 X 1 agree, as provided in the rental agreement, to pay S 1,2OOoOo (an amount that does not exceed two months' rent) as liwidated damiges or an ejrI4 tigliallij *,, ", -.• — 71 1 do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law, re LARANN, LLC Landlord's Signature 9' -2, Date RMA M Date 4 Landlord and Tenah - 6 a nowledge receipt of a copy of this page which is Page 7 of 18 NJ 15 201� �%�tk RLHD-3x R .7/16 Approved on y he Supreme Court of Florida, for use under rule 1g -2.1(a) of the Rules Regulating the Florida Bar. 1,151,010, 1 U-nsad to Alta Star Sottware and ID' D-456333835-XlMB-103592 Software and added formatting @ 2017 Alta Star -Software, all rights reserved.. www,altastar.com - (877) 279-8898 ALT STkR I;; I777V-7.711-11 a lIT . I , I � I I I � � 11111111 6 : 83-40 Short title. 83,41 Appdjcatioin, 83A2 Exclusions from application of part, 8343 Definitions, 83A4 Obligation of good faith, 83-45 Unconsaonable rental agreement or provision, 83A6 Rent: duration of tenancies, 83-47 Prohibited proviisions in rental agreements, 83.48 Attorney fees, 83-49 Deposit money or advance rent, duty of landlord and tenant, 8350 Disclosure of landlord's address - 83 -51 Landlords obligation to maintain premises. 83i 52 Tena nt s, obil igati on to maintal n dwel I i ngl unit. 8353 Landlord's access to dwelling unit. 83.535 Flotation bedding system: restrictions on use. 8354 Enforcement of rights and duties; d\Al action: criminal offenses. 83-55 Rght of ac�cn for damages. 83,56 Termination of rental agreement, 83.561 Termination of rental agreement upon foredosure, 83.57 Termination of tenancy without specific term. 83.575 Termination of tenancy with spedfic duration, 83.58 Remedies-, tenant holding over' 83.59 Right of action for possession, 93_5W r-Artitt Qf remt��4;, Y�nA Wreaofin if tanant. 83.60 Defenses to action for rent or possession" procedure 83,61 Disbursement of funds in registry of coprompt final hearing. 83,62 Restoration of possession to landlord. 83625 Power to award possession and enter money judgment, 83.63 Casualty damage. 83-64 Retaliatory conduct 83.67 Prohibited pradoes, UM1 Orders to enjoin violations of this part 83Z82 Termination of rental agreement by a servicemember, 13,683 Rental application by a servicemember 83.40 Short tifle, This part shall be known as the "Florida Residential Landlord and Tenant Act-" History.- s, 2, &, 73-330, 83.41 Application.- This part applies to the rental of a dwel li ng unit. History- s. 2, ch. 73-33Q ss- Z 20, ch. 82-66. 83.42 Exclusions from application of pert- This part does not apply to: (1) Residency or detention in a facility; Mather public or private, Men residence or detention is incidental to the provision of medcal, geriatric, educational, counseling, religious, or similar services. For residents of a facility licensed under part II of chapter 400, the provisions of s. 400-0255 are the exclusive procedures for all transfers and discharges. (2) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part in which the buyer has paid at least 12 rnonths' rent or in Mich the buyer has paid at least I month's rent and a deposit of at least 5 percent of the purchase price of the property. (3)Transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodgingor transient occupancy in a mobile home park - (4) Occupancy by a holder of a proprietary I ease in a cooperative apartment (5) Occupancy by an owner of a condominium unit. History,- s. 2, ch, 73-330: s.40 c1n, 2012-16Q s- 1, ch, 2013-136. 83.43 Definitions.- As used in this part, the following words and terms shall have the following meanings unless some other meaning is plainly indicated: (1) "Building, housing, and health codes" means any law, ordinance, or governmental regulation concerning healthsafety, sanitation or fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance, of any dwelling unit. (2) "DAAalling unit means: (a) A structure or part of a structure that is rented for use as a home, residence, or sleeping place by one person or by two or more persons who maintain a common household. (b) A mobile home rented by a tenant. (c) A structure or part of a structure that is fumished, with or without rent, as an incident of employment for use as a home, residence, or sleeping place by one or more persons. (3) " Land ord' means the owner or lessor of a dwelling unit (4)"TenaWmeans any person entitled to occupy a dwelling unit under a rental agreem.nt, Landlord and Tenalnf� cknowtedge receipt of a copy of this page which is Page 8 of 18 (5) "Prernises°' means a dwdfing unit and the structure of which it is a part and a mobile home lot and the appurtenant facilites and grounds, areas fad lities and property held out for the use of tenants generally (5) „Hent" means the periodic payments due the landlord from the tenant for occupancy under a rental agreement and any other payments due the landlord from the tenant as may be designated as rent in a written rental agreement, (7) "Rental agreement' means any written agreement, induding amendments or addenda, or oral agreement for a duration of less than 1 year, providing for use and occupancy of premises. (8) "Good faith' means honesty in fact in the conduct or transaction concerned. (9) "Advance rent" means moneys paid to the landlord to be applied to future rent payment periods, but does not i ndude rent paid in. advance for a current rent payment period, (10) 7ransient occupancy' means occupancy Men It is the intention of the parties that the occupancy W11 be temporary. (11) "Deposit money'' means any money held by the landlord on behalfof the tenant, including, but not limited to damage deposits, security deposits, advance rept deposit, pet deposit, or any contractual deposit agreed to between landlord and tenant either in writing or orally - (12) "Security deposits" means any moneys he'd by the landlord' as security for the performance of the rental agreement, including, but not limited to, monetary damage to the landlord caused by the tenant's breach of lease prior to the expiration thereof. (13) "Legal holiday" means holidays observed by the clerk of the court, (14) "Servicemember`° shall have the same meaning as provided fns 250-011, (15) "Active duty" shall have the same meaning, as provided in s. 2501.31. (16) "State active duty' shall have the same meaning as provided ins 250,01 (17) "'early termination fee' means any charge, fee, or forfeiture that is provided for in a written rental agreement and is assessed to a tenant when a tenant elects to terminate the rental agreement, as provided In the agreement, and vacates a dv IIing unit before the end of the rental agreement. An early termination fee does not irdude: (a) Unpaid rent and other accrued charges through the end of the month in Mich the landlord retakes possession of the dwelling unit. (b) Charges for damages to the dwelling unit. (c) Charges associated with a rental agreement settleirnt release, buyout, or accord and satisfaction agreement. History.- s. 2, ch. 73-330-1 s, 1, ch. 74-143; s. 1, di 81-190; s. 3, rh. 83-151, s 17, ch. 170' s. 2, ch, 20 13-72 s. 1, ch, 2 131. 83.44 Obligation of good faith.- Every rental agreement or duty within this part imposes an obligation of good faith in its performances or enforcement. History,- s, 2, ch. 73-3301, 83.45 unconscionable rental agreement or provision.- (1) If the court as a matter of law finds a rental agreement or any provision of a rental agreement to have been unconscionable at the time it was made, the court may refuse to enforce the rental agreement, enforce the remainder of the rental agreement without the unconscionable provision, or so limit the application of any unconscionable provision as to avoid any unconscionable result. (2) When it is clamed or appears to the curt that the rental agreement or any provision thereof may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to meaning, relationship of the parties, purpose, and effect to aid the court in making the determination. History,- s. 2, ch. 73-330. 83.46 lent; duration of tenancies, - (1) Unless otherwise agreed rent is payable without demand or notice; periodic rent is payable at the beginning of each rent payment period and rent is uniformly apportionable from day to day. (2) If the rental agreement contains no provision as to duration of the tenancy, the duration Is determined by the periods for which the rent is payable If the rent is payable weekly, then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if payable quarterly, tenancy is from quarter to quarter, if payable yearly, tenancy is from year to year. (3) If the dvoelling unit is furnished without rent as an incident of employment and there is no agreement as to the duration of the teriancy, the duration is determined by the periods for which wages are payable If wages are payable weekly or more frequently, then the tenancy is from week to week and if wages are payable monthly or no wages are payable, then the tenancy is from month to month. In the event that the employee ceases employment the employer shall be entitled to rent for the period from the day after the employee ceases employment until the day that the dwelling unit is vacated at a rate equivalent to the rate charged for similarly situated residences in the area. This subsection shall not apply to an employee or a resident manager of an apartment house or an apartirrient complex when there is a widen agreement to the contrary. History.- s. 2" oh. 73-330; s. 2, ch 81-190° s. 2, ch, 87-195, s. 2, ch. 90-133, s. 1, ch 93-255. a3.47 Prohibited provisions in rental agreements. - (1) A provision in a rental agreement is void and unenforceable to the extent that it: (a) Purports to waive or preclude the rights, remedies, or requirements set forth in this part. (b) Purports to limit or preclude any liatdity of the landlord to the tenant or of the tenant to the landlord, arising under lane (2) If such a void and unenforceable provision is included in a rental agreement entered into, extended, or renewed after the effective date of this part and either party suffers actual damages as a result of the inclusion, the aggrieved party may recover those damages sustained after the effective date of this part. History.- s. 2, ch. 73-330- 83.48 Attorney fee.- In any civil action brought to enforce the provisions of the rental agreement or this part, the party in whose favor a judgment or decree has been rendered may recover reasonable attorney fees and court mitis from the nonprevailing party. The right to attorney fees in this section may not be waived, in a lease agreement. However, attorney fees may not be awarded under this section in a claim for personal injury damages based on a breach of duty under s 83-51 History.- s. 2, ch 73-3301, s. 4, ch. & -151 s. 2" oh. 2€ 13-136. 83.49 Deposit money or advance rent; ditty of landlord and tenant.- Landlo and Tena o nowledge receipt of a copy o this page which is Page 9 of 18 (1) Whenever money is deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as advance rent for other than the next Immediate rental period, the landlord or the landlord's agent shall either: (a) Hold the total amount of such money in a separate non-interest-beahng account in a Florida banking institution for the benefit of the tenant or tenants, The landord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord-, (b) Hold the total amount of such money in a separate Interest-bearing account in a Florida banking Institution for the benefit of the tenant or tenants, in vlhich case the tenant shall receive and collect interest in an amount of at least 75 percent of the annualized average interest rate payable on such, account or interest at the rate of 5 percent per year, simple Interest, vvhichever the landlord elects- The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlol or (c) Post a surety bond, executed by the landlord as principal and a surety company authorized and licensed to do business in the state as surety- Wth the clerk of the circuit court in the county in which the ds hung unit is located In the total amount of the security deposits and advance rent he or she holds an behalf of the tenants or $50,000, Michever is less. The bond shall be conditioned upon the faithful compliance of the landlord with the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the landlords violation of the provisions of this section. In addition to posting the surety bond, the landlord shall pay to the tenant interest at the rate of 5 percent per year, simple Interest A landlord, or the landlords agent, engaged in the renting of dilAelfing units In five or more counties, who holds deposit moneys or advance rent and who is otherwise subject to the provisions of this section, may, in lieu of posting a surety bond in each county, elect to post a surety bond in the form and manner provided in this paragraph with the office of the Secretary of State, The bond shall be in the total amount of the security deposit or advance rent held on behalf of tenants or in the amount of $2KOC)l Whichever is less, The bond shall be conditioned upon the faithful compliance of the landlord Wth the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the landlords violation of this section. In addition to posting a surety bond, the landlord shall pay to the tenant interest on the security deposit or advance rent held on behalf of that tenant at the rate of 5 percent per year simple Interest (2) The landlord shall, in the lease agreement or within 30 days after receipt of advance rent or a security deposit, give written notice to the tenant which Includes disclosure of the advance rent or security deposit. Subsequent to providing such Mtten notice- if the landlord changes the manner or location in Mich he or she is holding the advance rent or security deposit, he or she must notify the tenant within 30 days after the change as provided In paragraphs (a) -(d). The landlord Is not required to give new or additional notice solely because the depository has merged with another financial institution, changed its name, or transferred ownership to a different financial institution. This subsection does not apply to any landlord Mo rents fel than five Individual dwelling units. Failure to give this notice is not a defense to the payment of rent Men due. The written notice must. (a) Be given in person or by mail to the tenant'.. (b) State the name and address of the depository Mere the advance rent or security deposit Is being held or state that the landlord has posted a surety bond as provided by law. (c) State whether the tenant is entitled to interest on the deposit - (d) Contain the following disclosure: .... ... . . .... YOU SHOULD AntITIPT TO 11FMI'VIALLT FES#LTE�?11kT-.VTU!T1 I VVHOSE OR A JUDGMENT IS RENDERED VMLL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSINI PARTY. 1124 lei z I LIFY 104 1 a] 101 V I left -TA", I I W 0 (3) The landlord or the landlord's agent may disburse advance rents from the deposit account to the landlords benefit when the advance rental period commences and without notice to the tenant. For all other deposits: (a) Upon the vacating of the premises for termination of the lease, if the landlord does not Intend to impose a claim on the :county deposit, the landlord shall have 1$ days to return the security deposit together with interest if otherwise required, or the landlord shad! have 30 days to give the tenant written notice by certified mail to the tenants last knom mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the folloWng farm: This is a notice of my intention to impose a claim for damages in the amount of - upon your security deposit, due to it is sent to you as required by & ii Florida Statutes, You are hereby notified that you must object In vesting to this deduction from your security deposit within 1$ days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit, Your objection must be sent to (landlords address) . Landlord I 1 and Tenan cknowledge receipt of a copy of this page which is Page 10 of 18 If the landlord fails to give the required notice Wth:in the 30 -day period- he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit. (b) Unless the tenant ol�eclts to the imposition of the landlords claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant Wthin 30 days after the date of the notice of intention to impose a claim for damages. The failure of the tenant to make a timely oblection does not waive any rights of the tenant to seek damages in a separate action. (c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar. (d) Compliance Wth this section by an individual or business entity authorized to conduct business in this state, Including Florida -licensed real estate brokers and sales associates, constitutes compliance Wth all other relevant Florida Statutes pertaining to secuhty deposits held pursuant to a rental agreement or other landlord -tenant relationship, Enforcement personnel shall look solely to this section to determine compliance. This section prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Statutes, and shad] operate to permit licensed real estate brokers to disburse security deposits and deposit money Without having to comply Wth the notoe and seWerrent procedures contained in s, 47525(1)(d), (4) The provisions of this section do not apply to transient rentals by hotels or motels as defined in chapter 509; nor do they apply in those Instances In Mich the amount of rent or deposit, or both, is regulated by law or by rules or regulations of a public body, ind uding public housing authorities and federally administer or regulated housing programs including s, 202, s- 221(d)(3) and (4), s. 235, or s, 8 of the National Housing Act, as amended, other than for rent stabEzation. With the exception of subsections (3), (5), and (6), this section Is not applicable to housing authorities or public housing agencies created pursuant to chapter 421 or other statutes, (5) Except when ctherWse provided by the terms of a written lease, any tenant \vho vacates or abandons the premises prior to the expiration of the term specified In the Mitten lease, or any tenant Who vacates or abandons premises mtch are the subject of a tenancy from week to week, month to month, quarter to quarter, or year to year, shall give at least 7 days' written notice by certified mail or personal delivery to the landlord prior to vacating or abandoning the premises vvhich notice shall include the address Mere the tenant may be reached. Failure to give such notice shall relieve the landlord of the notice requirement of paragraph (3)(a) but shall not waive any right the tenant may have to the security deposit or any part of it, (6) For the purposes of this part, a renewal of an exIsti ng rental agreement shall be considered a new rental agreement, and any security deposit carried forward shall be considered a new security deposit. (7) Upon the sale or transfer of title of the rental property from one owner to another, or upon a change in the designated rental agent, any and all security deposits or advance rents being held for the benefit of the tenants shad[ be transferred to the new amer or agent together with any earned Interest and with an accurate accounting showing the amounts to be credited to each tenant account. Upon the transfer of such funds and records to the newovvner or agent. and upon transmittal of a Mitten receipt therefor, the transferor is free from the obligation imposed in subsection (1) to hold such moneys on behalf of the tenant. There is a rebuttabe presumption that any newowner or agent received the security deposit from the previous owner or agent; however, this presumption is limited to 1 month's rent. This subsection does riot excuse the landlord or agent for a violation of other provisions of this section while In possession of such deposits, (8) Any person licensed under the provisions of s, 5+39.241 unless excluded by the provisions of this part, vwho, fal I s to comply Wth the provisions of this part shall be subject to a fine or to the suspension or revocation of his or her license by the Division of Hotels and Restaurants of the Department, of Business and Professional Regulation in the manner provided in s- 509.261. (9) In those cases in Mich interest is required to be paid to the tenant, the landlord shall pay directly to the tenant, or credit against the current month's rent, the interest due to the tenant at least once annually. Hovever, no Interest shall be due a tenant who wrongfully terminates his or her tenancy pilar to the end of the rental term. History-- s, 1, ch. 69-282; s- 3, ch. 70-360: s- 1, ch- 72.19, s 1, ch- 72-43; s- 5, ch- 73-33Q s- 1 , ch- 7493- s- 3, ch. 74-146 & ss. 1, 2. ch. 75-1331 1, ch. 76-15; s. 1, ch. 77-445; s. 20, ch. 79400; s, 21, ch. 82-66; s, 5. ch. 83-151� s, 13, ch. 83-217; & 3, ch, 87-195; s. 1, ch. 87- 369-1 s. 3, ch. B 379-. s, 2, ch, 93-255-. s. 5, ch, 94-2181- s, 1372, ch, 95-147.- s, 1, ch, 9&146, & 1, ch, 2001-179-, s. 53. ch, 2003-164, & 3. ch. 2013-136- Note.- Formers. 83.261. 83.50 Disclosure of landlord's address-- In addition to any other disclosure required by law, the landlord, or a person authorized to enter into a rental agreement on the landlord's behalf, shall disclose in Moil ngto the tenant, at or before the commencement of the tenancy, the name and address of the landlord or a person authorized to receive notices ark demands in the landlords behalf. The person so authorized to receive notices, and demands retains authority until the tenant is notified otherWse. Al notices of such names and addresses or changes thereto shall be delivered to the tenants residence or, if specified In writing by the tenant, to any other address- History,- s. 2, ch. 73-330; & 443, ch. 95-147; s, 5. ch. 2013-136. 83.51 Landlord's obligation to maintain prenitises.- (1) The landlord at all times during the tenancy shall: (a) Comply Wth the requirements of applicable building, housing, and health codes:, or (b) V Mere there are no applicable building, housing, or health codes, maintain the roofs, wind=s , doors, floors, steps, porches. exterior valls, foundations, and all other structural components in good repair and capable of rpsisting normal forces and loads and the plumbing in reasonable vvorking condition, The landlord. at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement. The landlord is not required to maintain a mobile home or other structure owned by the tenant. The landlord's obligations under this subsection may be altered or modified In Mating Wth respect to a single-family home or duplex (2) (a) Unless otherw se agreed in writing, in addition to the requi rements of su bsecti on (1), the landlord of a dv&t [I ng unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions, for: Landlord and Teno Acknowledge receipt of a copy of this page which is Page 11 of 18 0 L l�� 1. The extermination of rats, mice, roaches, ants, wood -destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days' written noficeif necessary- for extermination pursuant to this subparagraph, 2. Locks and keys. 3. The dean and safe condition of common areas. 4. Garbage removal and outside receptacles therefor. 5. Functioning facilities for heat during Writer, running water, and hot water, (b) Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this, paragraph, the term "smoke detection deviod' means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories. Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory using nationally accepted testing standards. (c) Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s, 83-59, (d) This subsection shall not apply to a mobile home owned by a tenant. (e) Nothing contained in this subsection prohibits the landlord from prom ding in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities„ (3) If the duty imposed by subsection (1) is the same or greater than any duty imposed by subsection (2), the landlord's duty is determined by subsection (1), (4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenants family, or other person on the premises with the tenants consent. History- s. 2, ch, 73-330 s. 22, ch. 82-66; s, 4, ch, 87-195: s. 1, ch. 90-133, s- 3, ch, 93-255: s- 444, ch- 95-147, s. 8, ch- 97-95, s. 6, ch. 2013-13& 83.52 Tenants obligation to maintain dwelling unit- The tenant at all times during the tenancy shall: (1) Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes. (2)Keep that part of the premises which he or she occupies and uses clean and sanitary. (3) Remove from the tenant's dv�elling unit all garbage in a dean and sanitary manner. (4) Keep all plumbing fixtures in the dwelling unit or used by the tenant dean and sanitary and in repair, (5) Use and operate In a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators. (6)Not destroy, deface, damage, impair, or remove any part of the premises or property therein belonging to the landlord nor permit any person to do so. (7)Conduct himself or herself, and require other persons on the premises Wth hi s or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant's neighbors or constitute a breach of the peace. History.- s. 2, ch. 73-339; s. 445, ch, 95-147. 83.53 Landlord's access to dwelling unit. (1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements: supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenets, workers. or contractors. (2) The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. "Reasonable notice" for the purpose of repair is notice given at least 12 hours prior to the entry. and reasonable time for the purpose of repair shall be between the hours of 7:30 a, m, and 8:00 p. m. The landlord may enter the dwelling unit when necessa ry for the further purposes set forth in subsection (1) under any of the following arcumsta nces: (a) pith the consent of the tenant-, (b) In case of emergency, (c) When the, tenant unreasonably withholds consent, or (d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an Intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises. (3)The landlord shall not abuse the right of access nor use it to harass the tenant. History.- s, 2, ch. 73-330; s- 5, &, 87-195; s. 4, ch- 93-255: & 446, ch, 95-147. 83.535 Flotation bedding system; restrictions on use-- No landlord may prohibit a tenant from using a flotation bedding system in a dwelling unit. provided the flotation bedding system does not violate applicable building codes. The tenant shall be required to carry in the tenants name flotation Insurance as Is standard in the industry in an amount deemed reasonable to protect the tenant and owner against personal injury and property damage to the dwelling units. In any case, the policy shall carry a loss payable clause to the owner of the building. History. - s- 7, ch- 82-66-, s, 5, ch. 93-255, 83.64 Enforcement of rights and duties; civil action; crirninal offenses.- Any right or duty declared in this part is enforceable by civil action- A right or duty enforced by cavil action under this section does not preclude prosecution for a criminal offense related to the lease or leased property. History-- s. 2, ch, 73-330: s, 7, ch- 2013-136, 83.55 Right of action for damages- If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part, the aggrieved party may recover the damages caused by the noncompliance. History,- s- 2, ch- 73-330- 83.56 Termination of rental agreement- Landlon�,�,�', and Tenant acknowledge receipt of a copy of this page which is Page 12 of 18 (1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of Witten notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reasion thereof, the tenant may terminate the rental agreement. If the failure to comply with s. 83,51 (1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as fdlaovs: (a) If the landlord's failure to comply renders the dwelling unit untenantable, and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable. (b) If the landlords, failure to comply does not render the dwelling unit unteriantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance, (2) If the tenant materially fails to comply with s. 83.52 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations, the landlord may: (a) If such noncompliance is of a nature that Me tenant should not be given an opportunity to cure it or If the noncompliance constUes a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation, deliver a written notice to the tenant specifying the noncomo lance and the landlord's intent to terminate the rental agreement by reason thereof Examples of noncompliance which are of a nature that the tenant shouli d not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord's or other tenants' property by intentional act or a subsequent or continued unreasonable disturbance. In such event, the landlord may terminate the rental agreement, and the tenant shall have 7 days from the date that the notice is delivered to vacate the premises. The notice shall be in substantially the following form: You are advised that your lease is terminated effective Immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because (cite the noncompliance) . (b) If such noncompliance is of a nature that the tenant should be given an opportunity to cure it, deliver a written notice to the tenant specifying the noncompliance, Including a notice that if the noncompliance Is not corrected within 7 days from the date that the Witten notice is delivered, the landlord shall terminate the rental agreement by reason thereof, Examples of such noncompliance include, but are not limited to, activities in contravention of the lease or this part such as havrig or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parl0g, or falling to keep the premises clean and sanitary- If such noncompliance recurs within 12 months after notice, an eviction action may commence without delivering a subsequent notice pursuant to paragraph (a) or this paragraph. The notice shall be in substant al ly the following form: You are hereby notified that (cite the noncompliance) . Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this, same conduct or conduct of a similar nature is repeated Wthin 12 months, your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance. (3) If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises the Iandord may terminate the rental agreement Legal holidays for the purpose of thin section shall be court -observed holidays days only. The 3 -day notice shall contain a statement in substantially the following form: You are hereby notified that you are indebted to me in the sum of dollars for the rent and use of the premises (address of ]eased premises, including county) , Florida, now occupied by you and that I demand payment of the rent or possession of the premises Within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the day of , (year) . (landlord's name, address and phone number) (4) The delivery of the Witten notices required by subsections (1), (2), and (3) shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises , by leaving a copy thereof at the residence- The notice requirements of subsections (1), (2), and (3) may not be waived in the lease. (5)(a) If the landlord accepts rent wth actual knowledge of a noncompliance by the tenant or accepts performance by the tenant of any other provision of the rental agreement that is at variance with its provisions. or If the tenant pays rent with actual knowledge of a noncompliance by the landlord or accepts performance by the landlord of any other provision of the rental agreement that is at variance With its provisions, the landlord or tenant waves his or her right to terminate the rental agreement or to bring a civil action for that noncompliance, but not for any subsequent or continuing noncompliance. However, a landlord does not waive the right to terminate the rental agreement or to bring a dvi I action for that noncompliance by accepting partial rent for the pEO od, If partial rent Is accepted' after posting the notice for nonpayment, the landlord must 1. Provide the tenant Wth a receipt stating the date and amount received and the agreed upon date and balance of rent due before filing an action for possession', 2. Place the amount of partial rent accepted from the tenant in the registry of the court upon filing the action for possession: or 3. Post a new 3 -day notice reflecting the new amount due, (b) Any tenant who wishes to defend against an action by the landlord for possession of the unit for noncompliance of the rental agreement or of relevant statutes must comply with s. 83-60(2). The court may not set a date for mediation or trial unless the provisions of s, 83,60(2) have been met, but must enter a default judgment for removal of the tenant with a Wit of possession to Issue immediately If the tenant fails to oornply with s. 83 ,60,(2). (c) This subsection does not apply to that portion of rent subsidies received from a local, state. or national government or an agency of local, state, or national government; however, waiver will occur If an action has not been instituted within 45 days after the landlord obtains actual knowledge of the noncompliance - (6) If the rental agreement is terminated, the landlord shall comply with s. 83,49(3). History.- s. 2, ch. 73-330; & 23, ch. 82-66 s, 6, ch, 83-151; s. 14. ch. 83-217. s. 6, ch- 87-195-, & 6, ch, 93-258 s- 6, ch. 94-170; s. 1373, ch, 95-147; s, 5, ch, 99-6' s, 8, ch. 2013-136. Landllor and Tena 4cknovAedge receipt of a copy of this page which is Page 13 of 18 83.561 Tennination of rental agreement upon foreclosure. - (1) If a tenant is occupying residential premises that are the subject of a foreclosure sale, upon issuance of a certificate of title following the sale, the purchaser named in the certificate of title takes title to the residential premises subject to the rights of the tenant under this section. (a) The tenant may remain in possession of the premises for 30 days Vowing the date of the purchasef s delivery of a written 30 -day notice of termination. (b) The tenant is entitled to the protections of s- 83-67. (c) The 30 -day notice of termination must be in substantially the fd[oWng form: You are hereby notified that your rental agreement Is terminated on the date of delivery of this notice, that your occupancy ns terminated 30 days following the date of the delivery of this notice, and that I demand possession of the premises on (date) . If you do not vacate the premises by that date, I will ask the court for an order allowing me to remove you and your belongings from the premises- YOU are obligated to pay rent during the 30 -day period for any amount that might accrue during that period. Your rent must be delivered to (landlord's name and address) . (d) The 30 -day notice of termination shall be, delivered in the same manner as provided In s. 83. 4), (2) The purchaser at the foreclosure sale may apply to the court for a writ of possession based upon a sworn affidavit that the 30 -day notice of termination was delivered to the tenant and the tenant has failed to vacate the premises at the cond usi on of the 3G -day period - I f the court awards a Arft of possession, the writ mustbe served on the tenant- The wit of possession shall be governed by s. 83,62, (3) This section does not apply It. (a) The tenant is the mortgagor in the subject foreclosure or is the child, spouse, or parent of the mortgagor in the subject foreclosure. (b) The tenant's rental agreement is not the result of an arm's length transaction, (c) The tenant's rental agreement allows the tenant to pay rent that is substantially less than the fair market rent for the premises, unless the rent is reduced or subsidized due to a federal state, or 10 l subsidy. (4) A purchaser at a foreclosure sale of a residential premises occupied by a tenant does riot assume the obligations of a landlord, except as provided in paragraph (1)(b), unless or until the purchaser assumes an existing rental agreement with the tenant that has not ended or enters into a new rental agreement with the tenant. History.- & 1, ch. 2015-96- 83.57 Termination of tenancy without specific term.- A tenancy without a spedfic duration, as defined in s- 83.46,(2) or (3), may be terminated by either party giving written notice in the manner provided in s, 83,56(4), as follow (1) Men the tenancy is from year to year, by giving not less than 60 days° notice prior to the end of any annual period; (2) Men the tenancy Is from quarter to quarter, by giving not i ess than 30 days' not I oe prior to the end of any quarterly peri od (3) Men the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period: and (4) When the tenancy is from week to week; by giving not less than 7 days' notice prior to the end of any weekly period. History.- s, 2, ch. 73-330: s. 3, ch. 81-190: s- 15, ch. 83-217, 83.575 Termination of tenancy with specific duration, - (1) A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord within a specified period before vacating the premises at the end of the rental agreement, if such provision requires the landlord to notify the tenant within such notice period if the rental agreement will not be renewed: however, a rental agreement may not require more than 60 days' notice from either the tenant or the landlord'. (2) A rental agreement with a specific duration may provide that If a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the tenant may be liable for liquidated damages as specified in the rental agreement if the landlord provides wnften notice to the tenant specifying the tenants obligations under the notification provision contained in the lease and the date the rental agreement is terminated, The landlord must provide such written notice to the ter a nt Wth n 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the tenant under this subsection, (3) If the tenant remains on the premises with the permission of the landlord after the rental agreement has terminated and fails to give notice required under s- 83.57(3), the tenant is liable to the landlord for an additional 1 month's rent. History,- s, 3, ch, 2003-30; s. 1. ch. 2004-375" s. 9, cis. 2013-136, 83.58 Remedies,, tenant holding over- If the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expration of the rental agreement without the permission of the landlord, the landlord may recover possession of the dwelling unit in the manner provided for ins 83.59. The landlord may also recover double the amount of rent due on the dvel ling unit., or any part thereof, for the period during which the tenant refuses to surrender possession.. History,- s, 2, ch, 73-330; s. 10, ch. 2013-136, 83.59 Right of action for possewion.- (1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section, (2) A landlord, the landlord's attorney. or the landlords agent, applying for the removal of a tenant, shall file in the county court of the county where the premises are situated a complaint descdbing the dlwdling unit and stating the facts that authorize its remvery- A landlord's agent is not permitted to take any action other than the initial filing of the complaint, unless the landlords agent is an attorney. The landlord I s enti b ad to the summary procedfare provided In s. 51.011, and the court shall advance the cause on the calendar, (3) The landlord shall not recover possession of a dwelling unit except-, (a) In an action for possession under subsection (2) or other civil action in which the issue of right of possession is determined; (b) Men the tenant has surrendered possession of the dwelling unit to the landlord'. Landlord and Tena 6O Wfid' ,W-) acknowledge receipt of a copy of this page which is Page 14 of 18 -'7T 717 (c) VVInen the tenant has abandoned the dwelling unit, In the absence of actual knoWedge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she Is absent from the premises for a period of time equal to orhalfthe time for periodic rental payments. HaAeverL this presumption does not apply If the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or (d) When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent Is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative. This paragraph does not apply to a duelling unit used in connection with a federally administered or regulated housing program, Including programs under s. 202, s. 221 (d)(3) and (4), s- 236, or s. 8 of the National Housing Act, as amended. (4)The prevailing party is entitled to have judgment for costs and execution therefor. History-- s. 2, ch, 73-33a s, 1. ch. 74145„ s- 24. ch- 82-66 s. 1, &. 92-36, s. 447, &- 95-147' & 1, ch, 2007-136; s. 11, ch. 2013-136. 83.695 Choice of remedies upon breach or early termination by tenant.- If the tenant breaches the rental agreement for the dowelling unit and the landlord has obtained a writ of possession, or the tenant has surrendered possession of the dwelling unit to the landlord, or the tenant has abandoned the dwelling unit, the landlord may-, (1) Treat the rental agreement as terminated and retake possession for his or her own account, thereby terminating any further liability of the tenant: (2) Retake possession of the dAdlIng unit for the account of the tenant, holding the tenant liable for the difference between the rent stipulated to be paid under the rental agreement and what the landlord is able to recover from a reletting- If the landlord retakes possession, the landlord has a duty to exercise good faith in attempting to relet the premises, and any rent received by the landlord as a result of the reletting must be deducted from the balance of rent due from the tenant. For purposes of this subsection, the term "good faith in attempting to relet the premises'' means that the landlord uses at least the same efforts to relet the premises as were used In the initial rental or at least the same efforts as the landlord uses In attempting to rent other similar rental units but does not require the landlord to give a preference in renting the premises over other vacant dwelling units that the landlord awns or has the responsibility to rent (3) Stand by and do nothing, holding the lessee liable for the rent as it comes due: or (4) Charge liquidated damages, as provided in the rental agreement, or an early termination fee to the tenant If the landlord and tenant have agreed to liquidated damages or an early termination fee, if the amount does not exceed 2 months' rent, and if, in the case of an early termination fee, the tenant is required to give no more than 60 days! notice, as provided in the rental agreement, prior to the proposed date of early termination. This remedy is available only If the tenant and the landlordat the time the rental agreement was made, indicated acceptance of liquidated damages or an early termination fee. The tenant must indicate acoeptance of liquidated damages or an early termination fee by signing a separate addendum to the rental agreement containing a provision in substantially the following form: _-, I agree. as provided in the rental agreement, to pay $ _ (an amount that does not exceed 2 months` rent) as liquidated damages or an early termination fee if I erect to terminate the rental agreement and the landlord waives the right to seek, additional rent beyond the month in which the landlord retakes possession. I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law. (a) In addition to liquidated damages or an early termination fee, the landlord is entitled to the rent and other charges accrued through the end of the month in which the landlord retakes possession of the dwelling unit and charges for damages to the dwelling unit. (b) This subsection does not apply if the breach is failure to give notice as provided ins 83.575 - History m 3,5775- History.- s. 2, ch, 87-369: s. 4, ch. 88-3791- & 448, ch. 95-147; s. 2, ch, 2008-131- 83.60 Defenses to action for rent or possession; procedure. - (1)(a) In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent or in an action by the landlord under s. 83,55 seeking to recover unpaid rent, the tenant may defend upon the ground of a material noncom p i ance with s, 83.51(1) , or may raise any other defense, whether legal or equitable, that he or she may have. including the defense of retaliatory conduct in accordanoe with s. 83. 64, The landlord must be given an opportunity to cure a deficiency i n a notice or In Landlord'-" .... and Tena.j t, acknowledge receipt of a copy of this page which is Page 15 of 18 (2) If a condominium association, as defined in chapter 718, a cooperative association, as defined in chapter 719, or a homeowners' association- as defined in chapter 720, requires a prospective tenant of a oonclorniinjurn unit, cooperative unit, or parcel within the association's control to complete a rental application before residing in a rental unit or parcel, the association must o:>mplete processing of a rental application submitted by a prospective tenant who is a serer rnlber, as defined in s, 250.01, Wthin 7 days after submission and must, within that 7 -day period, notify the servicemember in vwiting of an application approval or denial and if denied, the reason for the denial. Absent timely denial of the rental application, the association must allow the unit or parcel owner to lease the rental unit or parcel to the servicemember and the landlord must lease the unit or parcel to the servicemember if all other terms of the application and lease are complied with. (3) The provisions of this section may not be waived or mod[fted by the agreement of the parties under any c4 rcumstances. Landlord and Tena cknoWedge receipt of a copy of this page which is Page 18 of 18 J"kesidential Lease for Single Fami�ly Home or Duplex R TERM NOT TO EXCEED ONE YEAR) CHOICEA BOX 0) OR A BLANK SPACE L__) INDICATES A PROVISION WHERE A OR DECISION ■D PARTIES. ,A- THE LEASE IMPOSES IMPORTANT LEGAL OBLIGATIONS. RIGHTS AND RESPONSIBILITIES GOVERNED BY CHAPTER 83, PART It, RESIDENTIAL LANDLORD AND TENANT ACT, FLORIDA STATUTE& A COPY OF THE RESIDENTIAL s ! AND TENANT ACT IS ATTACHED TO THIS LEASE. I . PARTIES. This is a lease (the "Lease") between LARANN, LLC, PO BOX 362042, MELBOURNE, FL 32936 (name and address of owner of the property) <is or d Landlord's E-mail Address: 1.AlMAFti�EALTYa��IC?L, Cftr! Landlord's Telephone Number: 561-736-9790 Tenant's E-mail Address: Tenant's Telephone Number: 561-653-4104 Or- PROPERTY ®_r r. . E. Landlord leases to Tenant theland and buildings located at 201BAVE, BOYNTON BEACH ad together with the following furniture and appliances (List all furniture and appliances. If none, write "none! (In the Lease, the property leased, including furniture and appliances, if any, is called the "Premises"): PremisesThe E"`occupied only by E the following E- ■ns: CORDAIJAHr s• DO& 1210612007:s DARRIAN EDWARDS, SONDOB: 0811712011 (4YR) IS NOT TO LIVE AT THE PROPERTY, MAY ONLY WSIT AND SLEEP OVER ON WEEKENDS ONL Y. 3. TERNS. This is a lease for a term, not to exceed twelve months, beginning on JUNE f, 2017 and (nio tth day, year) ending MAY 31, 2018 (the "Lease Term"'). (month, day, year) 4. RENT PAYMENTS, TAXES AND CHARGES. Tenant shall pay total rent in the mount of $_100.00 (excluding taxes) for the Lease Term. The rent shall be payable by Tenant in advance in installments or in full as provided in the options below. X to installments. If In installments, rent shall be payable X monthly, on the ASS i _',,7 ay of each month (if left blank, on the first day of each month) in the amount of $700.00 per installment. OR weekly, on the day of each week (If left blank, on Monday of each week.) in the amount of per installment. Lj in full on in the amount (date) Landlord( 1 and � n of � _� acknowledge receipt of a copy of this page which is Page 1 of 16 LHD-3x 4-P.,e116 Approved on April 95, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar. Licensed to Atte Star Software and Irl D-456333635.XIMB 143592 Software and added formatting C 2017 Aida Star Software, all rights reserved. • www.altastar.coam. (877) 279.8898 Tenant shall also be obligated to pay taxes on the rent when applicable in the amount of $_ :1 with each rent installment E3 with the rent for the full term of the Lease, Landlord will notify Tenant if the amount of the tax changes. Payment Summary If rent is paid in installments, the total payment per installment including taxes shall be in the amount of $_LO_O.00. -1 If rent is paid in full, the total payment including taxes shall be in the amount of $— Alt rent payments shall be payable to at (narre) (if left blank, to Landlord at Landlord's address.) (address) s designated above, the rent shall be prorated from D If the tenancy starts on a day other than the first day of the month or week a through — in the amount of $_ and shall be due (date) (date) #,n (if rent paid monthly, prorate on a 30 -day month.) (date) Tenant shall make rent payments required under the Lease by (choose all applicable) X cash, D money order, X cashier's check, or D other (specify), If payment is accepted by any means other than cash, payment is not considered made unfit the other instrument is collectecL If Tenant makes a rent payment with a worthless check, Landlord can require Tenant >( to pay all future payments by money order, cashier's check, or official bank check or D cash or other (specify) — and X, to pay bad check fees in the amount of S 50-00 (not to exceed the amount prescribed by Section 68.065, Florida Statutes), 6. MONEY DUE PRIOR TO OCCUPANCY, Tenant shall pay the sum of $ in accordance with this paragraph prior to occupying the Premises, Tenant shall not be entitled to move in or to keys to the Premises until all money due prior to occupancy has been paid. If no date is specified below, then funds shal I be due prior to Tenant occupancy. Any funds designated in this paragraph due 21r.er orrijuana shall be paid accordingly. Any funds due under this paragranh shall be payable to Landlord at Landlord's address or to LARANN, LLC mm at PO BOX 362042, MELBOURNE, FL 32936 (address) First Xl month's 1-1 week's rent plus applicable taxes $ 700-00 'Frorated rent plus applicable taxes —I Last X month's El week's rent plus applicable taxes $ 70000 Security deposit $700.00 Additional security deposit $ Security deposit for homeowners' association $ Pet Deposit $ Other APPLICATION FEE $60.00 Other CLEANING FEE $100.00 due JUNE 1, 2017 oc- We- due PAID ON IST LEASE TERM due PAID ON 1 S T LEASE TERM due due due due PAID ON 1ST LEASE TERM due PAID ON IST LEASE TERM Landlord I I and iensnt acknowledge receipt of a copy of this page which is Page 2 of 18 RLHD-3x 6v.7/16 Approved on Al3fil 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1 (a) of the Rules Regulating the Florida Bar, Licensed to AU Star Software and 10, D -456333835.X1 MB. 103592 Software and added formatting @ 2017 Alta Star Software, all rights reserved. - wwwaltastar.com - (877) 279.8898 $101DAY t shall pay a late charge in the amount of S 70 + (if left 6. LATE FEES. (Complete if applicable) In addition to rent, Tenant days after the day it is due (if left blank, 5 days if rent is paid blank, 4% of the rent payment) for each rent payment made 4 monthly, 1 day if rent is paid weekly). 7. PETS AND SMOKING. 6011 a i- ", -- - . .. I , Tenant may not keep pets or animals on the Premises. If Tenant may keep pets, the pets described in this, paragraph are permitted on the Premises. NO PETS ALLOWED (Specify number of pets, type(s), breed, maximum adult weight of pets.) �611 jj ij @1-11, no smoking is permitted in the Premises. 8, NOTICES. DESIREE FINKELSTEIN �s Landlord's Agent. All notices must be sent to at POBOX 362042 MELBOURNE, -Fil-32936 Ell W io the Tenants residence or, if specifi ed in writing by the Tenant, to any other addre SS. Al I notices to tne Lana lora uT ORLdilufulu 1"d t (whichever is specified above) shall be given by U.S, mail or by hand delivery. Any notice to Tenant shall be given by US. mail or delivered to Tenant at the Premise& If Tenant is absent from the Premises, a notice to Tenant may be given by leaving a copy of the notice at Premises. 9. UTILITIES. Tenant shall pay for all utilities services during the Lease Term and connection charges and deposits for activating existing utility connections to the Premises except for 112 OF T14EMOIVTHLY WATER BILL NOT TO EXCEED $5&00 , that Landlord agrees to provide at Landlord's expense (if blank, then"NONE). 10. MAINTENANCE. Landlord shall be responsible for compliance with Section 83,51, Florida Statutes, and shall be responsible for maintenance and repair of the Premises, unless otherwise stated below: (Fill in each blank space With "Landlord" for Landlord or "Tenant' for Tenant, if left bI an k, Land to rd vA 11 be respons ible for the item): Landto:rdrrenant Land lord/Tenan t Landlordrrenant Landlordrrenant roofs j Windows 1 screens steps doors Ll I floors ""14" exterior walls foundations Q X plumbing structural components heating D hot water running water :1 looks and keys electrical system cooti ng X smoke detection devices garbage removal/ outside receptacles extermination of rats, mice, roaches, ants and bedbugs J extermination of wood�destroying organisms [Lj lawn /shrubbery — — 11-4 Iser fitters (specify) I ®. ceilings interior walls j X1 Other (specify) TENANT IS REQUIRED TO CHANGE AIC FILTER MONTHLY AND KEEP AIC GRATES FREE OF DEBRI& Tenant shall notify at (name) (if left blank, Landlord at Landlord's address) and of maintenance and repair requests. (telephone number) 11. ASSIGNMENT. "AW `4 — Tenant may not assign the Lease or sublease all or any part of the Premises withoo first obtaining the Landlord's vvTitten approval and consent to the assignment or sublease. 12. KEYS AND LOCKS. Landlord shall furnish Tenant 1 # of sets of keys to the dwelling NIA # of mail box keys WA— # of garage door openers Landlord and TenintLj I acknowledge receipt of a copy of this page which is Page 3 of 18 RLHD-3x W07/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Flonda Bar. Ucensed to Alta Star Software and ID; D-456333835-Xl MB 103592 Software and added formatting C 2817 Alta Star Software, all rights reserved. * www.altastar.com - (877) 279-8898 .f there is a homeooclafionTenant will be provided with the following to access the association's common areasifacilities: #of keys to # of remote controls to # of electronic cards to other (specify) to At end of Lease Term, all items specified in this paragraph shall be returned to (name) at (if left blank, Landlord at Landlord's address). (address) 13. LEAD-BASEDPAINT. X, Check and complete if the dwelling was built before January 1, 1978, Lead Warning Statement �when used in this article, the term Lessor refers to Landlord and the term Lessee refers to Tenant). Housing built before! 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed property, Lead exposure is especially harmful to young children and pregnant women, Before renting pre -1978 housing, Lessors mm;'i disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling, Lessees must also receive federally approved pamphlet on lead poisoning prevention. Lessor's Disclosure (initial) rJIQTJJI Ut (ji) K_Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. _(b) Records and reports available to the Lessor (check (j) or (4) below)� (i) Lessor has provided the Lessee with all available records and reports pertaining to lead-based paint and/.I lead-based paint hazards in the housing (list documents below). Lessor has no reports or records pertaining to leadbased paint and/or lead-based paint hazards in the housing. Lessee's Acknowledgment (initial) (c) Lessee has received copies of all information listed above. Lessee has received the pamphlet Protect Your Family From Lead in Your Home. Agents Acknowledgment (initial) _(e) Agent has informed the Lessor of the Lessors obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following p, 'les have reviewed the information above and certify, to the best of their knowledge, that the information provided by following the signatory is rue and accurate, )b <_ essoTt gnature Date Lessor's signature Date DESIREEFINKELST IN LARANO LLC U 17 e'&,s%`s`Qnatu?e fate Lessee's signature Date DERICA L. EDWARDS Agents signature bate Agents signature Date DESIREE FINKELSTEIN, LAMAR REALTY 14, SERVICEMEMBER, If Tenant is a member of the United States Armed Forces on active duty or state active duty or a member of the Florida National Guard or United States Reserve Forces, the Tenant has rights to terminate the Lease as provided in Section 83,682, FloridStatutes, the provisions of which can be found in the attachment to this Lease. I I -J 0 I Landlor and Tenant acknowledge receipt of a copy of this page which is Page 4 of 18 RLHD-3x v.7/16 Approved on April 15,20M by the Supreme Court of Florida, for use under rule 10-2,1(a) of the Rules Regulating the Florida Bar. Licensed to Alta Star Software and ID D456333835-XV013,103592 Software and added formatting Cr 20717 Alta Star Software, all rights reserved. - www.altastar.com - (877) 279-8898 15. LANDLORDS ACCESS TO THE PREMISES. Landlord's Agent may enter the Premises in the following circumstances: the Premises. X At any time for the protection or preservation of B, After reasonable notice to Tenant at reasonable times for the purpose of repairing the Premises, C. To inspect the Premises: make necessary agreed services; or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors under of s ! s, (1) with Tenarvt` s consent; of emergency; (3) when Tenant unreasonably withholds consent; or (4) if Tenant is absent from the Premises for a period of at least one-half a rental 'Installment period, (if the rent is current and Tenant notifies Landlord of an intended absence, then Landlord may enter only with Tenant's consent or for ^ protection or preservation of :... � :: _ : • • . + ! ' . # " � fir,.... � :. . . :. !• s / s s !' _r r s r / s, ♦+« r s r s s /r^ - ./ `• s ! -`r s a :- E . . sw / ! - s E _ a - « ! s . . 'E � +s'r rs s ss s ^a • a / s` !^,E ! * a:[. r � • /. .s^s ! a= a ^s r, s s s r -s s` !' s /- s ! . s �7 • r s- . s . .s - ' rs s . s a .,a ! ' �.i' r � .. ...«..: - _,... :r « is ! .:.- s ,. ,. ■ sws' - s- s. -.^ - s _ . . .-.: • ^ a - - FEE,5i. In any lamuit 5rougnt to enforce -. t r- .ss rs . • s. / ^ s sr; • ! decree has been i- .s . recover reasonable r rr ■ rattorneys'fees,s -non-prevailing party. * ._ ■ •ss s -! r k4pil 05, 2010, by _ Supreme Court of s s. for use under . of Real Estate Licensee Real Estate Licensee Commission Commission 29. TENANT'S PERSONAL PROPERTY. TENANT MUST INITIAL IN THIS BOX PFOR THE FOLLOWING PROVISION TO APPLY. BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR The Lease has been executed by the parties on the dates indicated below. z Landlord's Signatur DE IREE FINKELSTEIN, LARANN LLC Date La6d-b4s-Signatdre Date Landlord's Signature viv, az fb enantR Signature '7DERICA L. ED WARDS Date Tenants Signature Date This form was completed With the assistance of: Name of Individual: DESIREE FINKELSTEIN Name of Business, LAMAR REALTY CORPORATION Address- PO BOX 362042, MELBOURNE, FL 32936 Telephone Number:� 561-736-9790 Landlordapn d Tee in ant 1 acknowledge receipt of a copy of this page which is Page 6 of 8 RLHD-3x '4,v�7iApproved prov d on April 15, 2010. by the Supreme Court of Florida. for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar. Licensed to Alta Star Software and ID: D-456333835.X1MB 103592 Software and added formatting C 2017 Alta Star Software, all rights reserved. - www.altastar.com - (877) 279-8898 Early Termination Fee/Liquidated Damages Addendull X i agree, as provided in the rental agreement�, to pay $ 1,400.00 - (an amount that does not exceed two months' rent) as liquidated damages or an early termination fee f 1 elect to terminate the rental agreement and the landlord waives the right to seek 'T additional rent beyond the month in which the landlord retakes possession. :J I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law. LLandlord's Signature I DESIRE INKS STEIN, LARANN LLC tL lordls-Signa re Landlord's Signature Tenant's Signature DERICA L. EDWARDS H= -s- - ?,) - I -) Date Date Date Landlorand Tenant acknowledge receipt of a copy of this page which is Page 7 of 18 L RLHD-3x �--. v,7/16 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 10-2.1(a) of the Rules Regulating the Florida Bar, Licensed to Alta Star Softare and 10- 0456333835.X1MB,103592 Software and added formatting Q 2017 Alta Star Software, all rights reserved. - www.altastar.com - (877) 279-8898 A LTA ST,tR W-TIMIM PART fl RESIDENTIAL TENANCIES 83.40:--M-iort title, 83,41 Application, 83A2 Exclusions from application of part. 8343 Definitions. 83,44 OU igati on of good faith. 83.45 Unconscionable rerM agreernent or provision. 83.46 Rent-, duration of tenancies. 83,47 Prohibited PrOVI'sions in rental agreernents- 83M Mtomey fees. 83,49 Deposit money or advance rent; duty of landlord and tenant, 83,50 Disclosure of landords addrew. 83,51 Landlords obligation to maintain prernises. 83,52 Tenant's obligation to maJntain dvMling unit. 83.53 Landlord s access to dv&:41ing unit. 83,535 Rotation bedding system; restrictions on use. 8354 Enforoement of rights and duties, civil action; criminal offemes. 83L5 Right of action for damages. 83.56 Ternination of rental agreement. 81561 Termination of rental agreement upon foreclosure. 8357 Termination of tenancy Wthout specific term. 836575 Terrinination of tenancy Wth specAc duration. 83M Rerredes; tenant holding over. 83.59 Right of aclii on for possession. 83-60 Defenses to action for rent or possessiorib procedure. 83.61 Disbursement of funds in registry of court; prompt final hearing. 83.62 Restoration of possession to landlord. 83.625 Power to avvard possession and enter money judgin-ent . 83.63 Casualty damage. 83,64 Retaliatory conduct. 83.67 Prohibited practices. 83B81 Orders to enjoons of this part, 83,682 Ten-rination of rental agreement by a servioamerriber. 83B83 Rental application by a servicemen-ber 83.40 Short title,- This part shall be knom as the `90ricla Residential Landlord and Tenant Act." History.- s, 2, ch. 73-&30. 83.41 Application.- This part applies to the rental of a dvefling unit. History.- s. 2, cK 73-339 ss, 2, 20, ch. T3.42 Exclusions from application of part,- This part does not apply to: (1) Residency or detention in a facility, whether public or private, when residence or detention is irldclental to the prWslon of rredical , geriatric, educational, counseling, religious, or sirtilar services. For residents of a facility licensed under part 11 of diapter 400, the prOVISIons of s. 400,0255 are the exclusive procedures for all transfers and discharges, -!-#q&# Mill ir MEMAIM TPORVAT-TWI (5) Occuparr-y by an owner of a condominium unit. History.- ch. 73-330; s. 40. ch. 2012-16Q s. 1, ch. 2013-136. 83.43 Definitions.- As used in this part, the following words and terms, shall have the fdlMng meanings unless some other meaning is plainly indicated, (1) "Building, housing, and health codes" means any law, ordinance, or government@] regulation concerning health, safety, sanitation or fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance, of any dwdling unit, (2) "DAelling unit"means: sr �Pwt_'If_q litow -_N_u_�n-__person or by tym or more persons who maintain a common household. (b) A mobile home rented by a tenant, �c) A structure or part of a structure that i s fumi shead, with or Wthout rent, as an i no' deM of employnx5nt for use as a home, residence, or sleeping place by one or more persons. (3) "Landlord"means, the owner or lessor of a clAelling unit. (4)7enanf'rreans any person entitled tooccu a dAelling unit under a rental agreement, Landlord and Tenant�:L acknowledge receipt of a copy of this page which is Page 8 of 18 .......... until the day that the dhAelfing unit is vacated at a rate equivalent to the rate charged for sMlady situated residences in the area. This subsection shall not apply to an errooyee or a resii dent rnanager of an apartment house or an apartment complex when there is a written agreement to the oDMrary. History, s. 2, ch, 73-330i & 2, ch. 81-19Q s. 2, cch. 90-133; s. 16 ch, 93-255. 83.47 Prohibited proVislons in rental agreerrients.� (1) A provision in a rental agreement is void and unenforceable to the extent that it: (a) Purports to waive or preclude the rights, remedies, or requirements set forth in this part, (b) Purports to limit or preclude any liability of the landlord to the tenant or of the tenant to the landlord, arising under law. MMW_"_ "I- -6%W-* I 10 "M Nowi "IM -M - 7", 1 MM -111& W"W"116W A - after the effective date of this part, History, s. 2, ch, 73-330. 83.48 Attomey fees.- In any dvil acfion brought to enforce the provisions of the rental agreement or this part, ti -e party in whose favor a judgment or decree has been rendered may recover reasonable attorney fees and wirt costs from the nonprevailing party, The right to atton-ey fees i n this section may not be v%aived in a lease agreement i HvAever, attomey fees may not be ,m #!.l urxiier thi s section I n a claim for personal injury damages based on a breach of duty under s, 83.51 History.� s. 2, cK 73-330; s, 4, ch. 83-151'. & 2, ch. 2013-136. 83.49 Deposit money or advance rent; duty of landlord and tenant, Lancllord*L� and Tenant �L L acknowledge receipt of a copy of this page which is Page 9 of 18 to prospective or actual purchasers, mortgagees, tenants, workers, or cvIractors. (2) The landlord may enter the dwelling unit at any time for the protection or presmabon of the premises. The landlord may enter the dwelling unit upon reasonaUe notice to tz tenant and at a reasonable time for the purpose of repair of the premises, "Reasonable ncfioe�' for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7-30 a.m. and &00 p. m. The landlord may enter the dwalling unit when necessary for the further purposes set forth in subsection (1) under any of the foll IcW ng ci rcumstanoes, �a) VMth the consent of the tenant; (b) In case of eirrergency, (c) Vvtw the tenant unreasonably withholds consent-, or (0) 1 f tfe, t&�4nt i is AW cze -A f rcm-ri the szq. ftr a A t A 14 tf I'me t � va 1 t,# i #,n& � _-1 f tM V w f j r �m ni i i c rmit2, 1 X-2 yi�',V. it s , I f It"% r *A,, 1 s #V r, eM and the tenant notifies the landlord of an intended absence, then the I andord may enter only with the consent of the tenant or for the protecti on or preservation of the prernises. (3) The I andlord shall not abuse the right of access nor use it to harass the tenant. History.� s. 2, ch. 73-3301, s, 5, ch. 87-195� s. 41 cK 93-255-1 & 446, ch. 95-1�47. 83.535 FlRAT bon bedding system; restrictons on use.- No landlord may prohibit a tenant from using a flotation bedding system in a dwelling unit, provAded the flotation bedding system does noolate applicable building codes. The tenant shall be required to carry in the tenanf s name flotation insurance as is standard in theindustry in an amount deemed reasonade to protect the tenant and owner against personal 1 nj ury and property damage to the dwel U rig units. I n any case, the pol icy shal 1 carry a I oss payable clause to the owner of the building. History.� s. 7, ch. 82-66; aftOrT—A n9ril V tllj ef Wtf*�l @,Y W. m-ev1"PUA'T vvc: x ns teased property, History.- s. 2, ch. 73-330, s� 7, cK 2013-13&, 8155 Right of action for damages,- if either the landlord or the tenant faits to comply With the requirerrients of the rental agreerrient this part, the aggrieved party may recover the damages caused by the noncompliance. History.- s. 2, ch. 73-330. 1 Lalordand ,-', j acknowledge receipt of a copy of this page which is Page 12 of 18 ndf �L___JtL��L 13,561 Termination of rental agreement upon f oreclosure.� -t fofla�mn the teJ c;,.le, the purchaser narried in the certificate of title takes title to the residential prenises sub�ect to the rights of the tenant under this secton. (a) The tenant may rernain in possession of the prernises for 30 days following the date af the purchaser's clelivery of a written 3G -day idti #.!5 of temi iation. (b) The tenant is entitled to the protections of s. 83-67. UZZ ............ rrianner provided for in s, 83,59. 7be landlord may also recover double the amunt of rent due on the celljng unit, or any part thereof, for the d^ R• dun' ng which the tenant refuses to surrender possess on. History.- s. 2, ch. 73-330; s. 10, & 2013-13& 8169 Right of action for possession, - unit as provided in this section. (2) A landlord, the landlords attomey, or the landlords agent, applying for the removal of a tenant, shall file in the county court of the county Mere the prernises are situated a complaint describing the dwelling unit and stating the facts that authorize its recovery, A landlord's agent is not permitted to take any action other than the initied filing of the comptaim, unless the lardlord's, agent is an attorney. The I and[ord i s enti ged to the surnmary procedure provided 1 n s. 51 O 11, and the court sball advance the cause on the calendar - (3) The landlord shall riot recover possession of a dwelling unit except: (a) In an action for possession under subsection (2) or other civil action in which the issue of 69H of possession is deten-rined', (b) When the tenant has surrendered possession of the N unit to the fandord; Landlord i and Tenant acknowledge receipt of a copy of this page which is Page 14 of IS 1---J 11 'Ils - III A 0:5 a, miss e 0 . responsible for storage or disposition of the tenant S personal properly', ITpr0M#rj-#- inineremal agreement, time stamped on such rental agreement a legend in substantially the following form: I IN POSSESSION OF THE MELLI NG UNIT DUE TO THE DEATH OF I HE V-S:LM[t� 1111-V3 I L01111 I AS MVTI NzI 57'U-717��W FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANFS PERSONAL PROPERTY, -7or the purposes of this section, abandonment shall be as set forth in s- 83,59(3)(c), 16) A landlord who Violates any provision of this .moi E... shaill be liable to the tenant for actual and consequential damages or 3 nxxths� whichever is greater, and costs, including attorneys fees. Subsequent or repeated violations that are not contemporaneous with the ,nitial violation shall be subject to separate awards of damages. (7) A vioLation of this section constitutes irreparable harm for the purposes of injunctive relief. -SP 1�s 5 .. . . . . . . . . . . . . . . . . . ---------- MWCn deposited with the landlord ursuant to s. 83.49 or $300 Michever is greater, shall constitute irreparable harm for the purposes of injunctive relief. History, s. 8. ch. 93-255� s. 451, ch. 95-14T 83.682 Termination of rental agreement by a servicememb (1) Any servicernember may terrTinate his or her rental agreement by providing ft -e landlord with a written notice of terrrination to be effective on the date stated in the notice that is at I east 30 days after the landord s recei pt of the noti ce if any of the foil owing criteria are met (a) The servoemernber is required, pursuant to a pern-anent change of station orders, to move 35 mles or more from the I ocation of the rental prernises; (b) The servicerrierriber is prermiturefy or involuntarily discharged or released from active duty or state active duty, 64 e ese cerren-ber receives I afry or more from the location of the rental premises, provided such orders are for a period exceedi ng 60 days � or (f) The servicemember has leased the property, but pri or to taki ng possession of the rental prernism receives a change of orders to an area that is 35 miles or more from the location of the rental premises. (2) The notice to the landlord rnust be accompanied by either a copy of the official military orders or a written verificati on signed by the servicernerriber's commanding officer. (3) In the event a servicernernber dies during active duty, an adult member of his or her invnediate family may terrninate the servicernernbees rental agreement by providing the landlord with a written notice of ten-rination to be effective on the date stated in the nf to the landlord must be accompanied by t erir* 1 i. -M e f# r #t�er reAt;t e t* e T -Y. 0, v IIftI4g any provision of this section to the contrary, if a tenant terminates the rental agreement pursuant to this section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable. (5) The provisions of this section may not be waived or modified by the agreement of the parties under any ci rcurristances. History. - s4 6, ch. 2001-179: s, 1, ch. 2002-41 s. 1 , ch, 2003-3Q s. 5, ch. 2003-72. 83.683 Rental application by a servicenriember. - (1) If a 1 andl ord requi res a prospective tenant to compi ete a rental application before residing 1 n a rental unit, the landlord must complete processing of a rental application subri-itted by a prospective tenant who Is a servicernerriber, as defined in s. 250,01, within 7 days after submission and must, within that 7 -day period, no* the servicarrember in writing of an application approval or denial and, if denied, the reason for denial, Absent a timdy denial of the rental application, the landlord must lease the rental unit to the servicernernber if all other terrns of the application and lease are complied with. Landlord' A, and Tenant acknowledge receipt of a copy of this page which is Page 17 of 18 the servicernember and the landlord mmust ease the unit or parcel to t cerrmiberif 11 other tern -s of the application and lease are complied vvfth. (3) The provisions of this section n-ey not be waived or modified by the agreement of the parties under any draimstarices. Landlord and =ahttum ) acknowledge receipt of a copy of this page which is Page 18 of 18 M 90 W -11M NNIN a WE For the purposes of this section, abandonment shall be as set forth in s. 83.59(3)(c), (6) A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months' rent, whichever is greater, and costs, including attorney's fees. Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages. (7) A violation of this section constitutes irreparable harm for the purposes of injunctive relief. (8) The remedies provided by this section are not exclusive and do not preclude the tenant from pursuing any other remedy at law or equity that the tenant may have. The remedies provided by this section shall also apply to a servicemember who is a prospective tenant who has been discriminated against under subsection (3). History—s, 3, Ch. 87-369, s. 7, ch 88-379 I ch, 90-133, s 3, ch. 96-146, s 2, ch. 2001-179: s- 2, ch 2003-30-1 s, 4, Ch. 2003-72: s, 1, ch. 2004-236 s- 2. ch, 2007-136 83,681 Orders to enjoin violations of this part. (1) A landlord who gives notice to a tenant of the landlord's intent to terminate the tenant's lease pursuant to s, 83.56(2)(a), due to the tenant's intentional destruction, damage, or misuse of the landlord's property may petition the county or circuit court for an injunction prohibiting the tenant from continuing to violate any of the provisions of that part. (2) The court shall grant the relief requested pursuant to subsection (1) in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases. (3) Evidence of a tenant's intentional destruction, damage, or misuse of the landlord's property in an amount greater than twice the value of money deposited with the landlord pursuant to s. 83.49 or $300, whichever is greater, shall constitute irreparable harm for the purposes of injunctive relief. History. --s.8 ch 93-255 s. 451, ch, 95-147, 83.682 Termination of rental agreement by a servicemember. (1) Any servicemember may terminate his or her rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice if any of the following criteria are met: (a) The servicemember is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises; (b) The servicemember is prematurely or involuntarily discharged or released from active duty or state active duty; (c) The servicemember is released from active duty or state active duty after having leased the rental premises while on active duty or state active duty status and the rental premises is 35 miles or more from the servicemember's home of record prior to entering active duty or state active duty; (d) After entering into a rental agreement, the servicemember receives military orders requiring him or her to move into government quarters or the servicemember becomes eligible to live in and opts to move into government quarters; (e) The servicemember receives temporary duty orders, temporary change of station orders, or state active duty orders to an area 35 miles or more from the location of the rental premises, provided such orders are for a period exceeding 60 days; or (f) The servicemember has leased the property, but prior to taking possession of the rental premises, receives a change of orders to an area that is 35 miles or more from the location of the rental premises, (2) The notice to the landlord must be accompanied by either a copy of the official military orders or a written verification signed by the servicemember's commanding officer. (3) In the event a servicemember dies during active duty, an adult member of his or her immediate family may terminate the servicemember's rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice. The notice to the landlord must be accompanied by either a copy of the official military orders showing the servicemember was on active duty or a written verification signed by the servicemember's commanding officei, and a copy of the servicemember's death certificate. (4) Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement. The tenant is not liable for any other rent or damages due to the early termination of the tenancy as provided for in this section. Notwithstanding any provision of this section to the contrary, if a tenant terminates the rental agreement pursuant to this section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable. (5) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances. WF.tory—s- 6- Ch. 2001.179: s 1, cn, 2002-41 S- 1- Ch. 2003-30, s, 5, ch 2003-72 Page 11 of 11 of the Attachment to the Residential Lease for Single Family Home or Duplex J 5101DAY FEES. Corn late ileft 6. LATE f applicable) in addition to rent, Tenant shall pay a late charge in the amount if left blankof $10 da + �$y is(If pard blank, 4% of the rent payment) for each rent payment made A_ days after the day it is due (, 5 ys if rent monthly, I day if rent is paid weekly). 61 tei R - g *W d ip a aij ji poW Tenant may not keep pets or animals on the 7, PETS AND SMOKING. WRW li 63 ii i Premises, If Tenant may keep pets, the pets described in this paragraph are permitted on the Premises, NO P57S ALLOWED (spedfy number of pets, p� tiei,_:Ij, breed, maxirnurn adLtltweight o, pets.) 4"00@ 10i@ no smoking is permitted in the Premises, 8. NOTICES. DESIREE FINKELSTEIN is Landlord's Agent All notices must be sent to Landlord LARANN, LLC at PO BOX 362042. MELBOURNE. FL 32936 Landlord's Agent at unless Landlord gives Tenant written notice of a change- All notices of such names and addresses or changes thereto shall be delivered to the Tenant's residence or, if specified in writing by the Tenant, to any other address. All notices to the Landlord or the Landlord's Agent (whichever is specified above) shall be given by u9 S. mail or by hand delivery. Any notice to Tenant shall be given by U,S_ mail or delivered to Tenant at the Premises. If Tenant is absent from the Premises, a, notice to Tenant may be given by leaving a copy of the notice at Premises. 9. UTILITIES. Tenant shall pay for all utilities services during the Lease Term and connection charges and deposits for activating existing utility connections to the Premises except for 1/2 OF THE MONTHLY WATER BILL NOT TO EXCEED $511-00 , that Landlord agrees to provide at Landlord's expense (if dank, then "NONE'). 10. MAINTENANCE. Landlord shall be responsible for compliance with Section 83.51, Florida Statutes, and shall be responsible for maintenance and repair of the Premises, unless otherwise stated below: (Fill in each blank space with "Landlord" for Landlord or "Tertant"for Tenant, if left blank,. Landlord will be responsible for the stem): LandlordfTenant Landlord/Tenant Landlord/Tenant LandlordfTenant Xroofs :�] § windows :j screens :1 steps doors J floors P60648i A D exterior walls foundations plumbing 1 structural components heating hot watercoolocks and keys A running water X :1 ling smoke detection X electrical system devices garbage removal/ outside receptacles extermination of rats, mice, roaches, ants and bedbugs extermination of wood -destroying organisms [awn /shrubbery ;Q 64 P0014paloal AW6 filters (specify) �9 �9 :1 ceilingsinterior walls. D Other (specify) TENANT IS REQUIRED TO CHANGE AIC FILTER MONTHLY AND KEEP A/C GRATES FREE OF DEBRIS. Tenant shall notify at (name) (address) (if left blank, Landlord at Landlord's address) and of maintenance and repair requests. (telephone number) 11. ASSIGNMENT. 6A i@ @k6@104, Tenant may not assign the Lease or sublease all or any part of the Premises without first obtaining the Landlord's written approval and consent to the assignment or sublease. 12. KEYS AND LOCKS, Landlord shall furnish Tenant 1 # of sets of keys to the dwelling al—A # of mail box keys 'W/—A # of garage door openers Landlordand Tenant acknowledge receipt of a copy of this page which is Page 3 of 18 RLHD-3x 1�alev,7 L—r-1 /1-6 Approved on Aoflitl 15, 2010, by the Supreme Court of Elands, for use under ru[e 10-2.1 (a) of the Rules Regulating the Florida Bar. LicenSed to Alta star Software and 0: 0-456333835.X1 M9 7D35S2 Software and added formatting @ 2017 Alta Star Software, all rights reserved. - www,attastar.com - (877) 279.8898 27, MISCELLANEOUS. A Time is of the essence of the performance of each party's obligations under the Lease. B. The Lease shall be binding upon and for the benefit of the heirs, persona[ representatives, successors, and permitted assigns of Landlord and Tenant- subject to the requirements specifically mentioned in the Lease. Whenever used, the singular number shall include the plural or singular and the use of any gender shall include all appropriate genders. C. The agreements contained in the Lease set forth the complete understanding of the pates and may not be changed or terminated orally. D. No agreement to accept surrender of the Premises from Tenant will be valid unless in writing and signed by Landlord. E. All questions concerning the meaning, exeCLIbOn, construction, effect, validity, and enforcement of the Lease shall be determined pursuant to the laws of Florida. F. A facsimile copy of the Lease and any signatures hereon shall be ci:imdered for all purposes originals. GAs required by law, Landlord makes the following disclosure "RADON GAS." Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time - Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department, 28, BROKERS' COMMISSION. —1 Check and complete if applicable. The brokerage companies named below vAl be paid the commission set forth in this paragraph by -1 Landlord I Tenant for procuring a tenant for this transaction, Real Estate Licensee Real Estate Brokerage Company I Estate Licensee Real Estate Brokerage Company CommissionCommission ' 29. TENANT'S PERSONAL PROPERTY. TENANT MUST INITIAL IN THIS BOXV, OR THE FOLLOWING PROVISION TO APPLY. BY SIGNING THIS RENTAL AGREEMENT. THE TENANT AGREES T9UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DMLLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANTS PERSONAL PROPERTY, The Lease has been executed by the parties on the dates indicated below. ,OjE 1REE-F1NKELSrE1N,,LAjRANNLLC Date La:ndlord"s Signature� DE Date La flds,-Sig re Landlord's Signature Td-ndnfs Signature OtHic; L. EDWARDS Tenant's Signature This form was completed with the assistance of Date Dati Date Name of Individual: DESIREE FINKELSTEIN Name of Business: LAMAR REALTY CORPORATION Address: PO BOX 362042, MELBOURNE, FL 32936 Telephone Number', 561-736.9790 Landlord and Tenant "( acknowledge receipt of a copy of this page which is Page 6 of 18 i RLHD-3x �,,,Rqv,7/16 Approved on April 15, 2010, by the Supreme Cou rt of F I o ri da L for Use Under rule 10-21 (a) of the Rules Regulating the Florida Bar, Licen5eLo to Alta staSoftware and 10 D-256333835XINIB 163592 Software and added formatting � 2017 Alta Star Software, all rights reserved. - www.aUstar.com - (877) 279.8898 Early Termination Fee/Liquidated Damages Addendum I agree, as provided in the rental agreement, to pay S 1,400,00 (an amount that does not exceed two months' rent) as liquidated damages or an early termination fee if I elect to terminate the rental agreement and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession. :3 1 do not agree to liquidated damages or an early terminalMl fee, and I acknowledge that the landlord may seek damages as provided by law. andlord's Signature DESIRE INKELSTEIN, LARANN LLC Lihdiordis,549nat-ure Landlord's Signature Tenants Signature 'DERiCA L. EDWARDS Tenant's Signature Date jtia- {date Date 1 1-7 -�— S — I I Date Date Landlord/r� and Tenant acknowledge receipt of a COPY Of this page which is Page 7 of IS RLHC &�-, ,R �,7il 6 Approved on April 15, 2010, by the Supreme Court of Florida, for use under rule 1 a2.1(a) of the Rules Regulating the Florida Bar. Licensed to Alta Star software and ID: D-456333835.XIMB 103592 - www.altastar,com - (877) 279-8898 A UA Software and added formatting 0 2017 Alta Star Software, all rights reserved,STkR 11. 1- I CRA BOARD MEETING OF: April 10, 2018 NEW BUSINESS AGENDAITEM: 14.D. SUBJECT: Consideration of Request from the Boynton Beach Playhouse for use of the Historic Woman's Club of Boynton Beach SUMMARY: On Thursday, March 29, 2018, CRA staff received a letter of request from Peter Pagliagro, Managing Artistic Director of the Boynton Beach Playhouse asking for the Board to consider allowing the Playhouse to relocate to the CRA owned Historic Woman's Club of Boynton Beach (see Attachment 1). The Boynton Beach Playhouse has been producing shows for the past six (6) years inside the City's Madsen Center building which will be one of the buildings to be demolished to make way for the approved Town Square Project. Mr. Pagliagro has visited the Historic Woman's Club and has identified the eastern portion of the first floor of the facility as the ideal place for the Playhouse to recreate/duplicate the theater to resemble its current layout and stage configuration (see Attachment 11). In his letter, the Playhouse proposes to pay for all the costs associated with the relocation and reconstruction of the theater and they are offering to pay a portion of the electric and water, equivalent to what they have paid in the Madsen Center, which averaged approximately $160.00 per month. The annual performance season for the Playhouse consists of five separate productions, each one running for three (3) weeks, with eight (8) performances per production. Rehearsals for the season opener typically start in September for their first show of the season opening in November. Rehearsals are held three (3) to four (4) times per week and there is approximately three (3) to four (4) weeks between shows. The seating layout for the theater would support approximately 70-80 seats with an average of 50 patrons a show with tickets priced at $20 per seat. The CRA's Historic Woman's Club building can physically accommodate the requested use with little impact to the existing finishes or structure. Items for consideration (see Attachment 111): Current costs associated with the CRA's operation of the building: $2,000- 2,500/month Cleaning costs to user for each event rental: $300-600 Valet Cost per event (required): $125 Performance and rehearsal schedules will limit building availability for otherTBDrentals FISCAL IMPACT: To be determined based on CRA Board action. CRA BOARD OPTIONS: To be determined based on the CRA Board's discussion and consideration. ATTACHMENTS: Description D Attachment I - Letter of Intent D Attachment II - Pictures & Layout D Attachment III - HWCBB expenses BOYNTON BEACH PLAYHOUSE--., B) TO: Lori LaVerriere/City Manager, Michael Simon/CRA Director, Mayor Steven Grant, Vice Mayor Justin Katz, Commissioner Joe Casello, Commissioner Mack McCray, Commissioner Christina Romelus FROM: Boynton Beach Playhouse RE: Moving the Community Theatre to the Women's Club Boynton Beach Playhouse, formerly known as Stage Left Theatre, was originally established in 1992 as a non-profit, 501c-3 Florida Corporation and has been operating as such for 26 consecutive years. Several years ago, in recognition of the City of Boynton Beach and our cultural partnership, we became Boynton Beach Playhouse. We were handed a blank canvas and turned it into a premier theatre drawing people from all over Palm Beach County, typically producing 5 shows per season from November through April, with our youth program in the summer. The playhouse is comprised of all volunteers from various backgrounds that have a passion for theatre and are committed to ensuring our success through hard work and dedication. The theatre has no paid employees and is solely run and operated by volunteers. Our main goal is to offer the best in live stage theatre at an affordable price to all. This is accomplished by choosing well thought out productions that are family oriented and produced for the people and by the people of our communities. We pride ourselves on making the Boynton Beach Playhouse a true community theatre. We are also huge advocates of children's programming. Our youth productions for young audiences are designed to be thoroughly entertaining, as well as educational. Over the summer, thousands of children get to see a play on stage that would normally never have the opportunity to do. This introduction to the arts sparks something within them that is exciting and makes them want more. All-in-all, we truly feel our presence in Boynton Beach and the surrounding communities will benefit residents both young and old alike. Our annual season calendar usually begins with rehearsals starting in September of each year, with the first show opening sometime the beginning of November. Each production runs for 3 weeks with approximately 3 to 4 weeks before the next show opens. We perform a total of 8 performances each production. This may increase as the playhouse grows. Our rehearsals are 3 to 4 times during the week -day evenings with the productions always on weekends. 145 S.E. 2nd Ave Boynton Beach, FL 33435 Phone (561) 201-3581 www.boyntonbeachplayhouse.com Our current ticket prices are $20 per seat. Because of our Mission statement, this is not expected to increase anytime soon. We have a total of 70 seats and our audiences vary from 30 to 70 with a fair estimated average of 50 per show. Our current expenses entail Liability Insurance, administrative and government fees and annual renewals, water and electric, royalty rights, script purchases and/or rentals, (royalties and scripts vary depending on what type of show we produce) costumes, props, set construction and materials, set furniture, general supplies, advertising, sub contract for equipment repairs, piano players, CPA services, vehicle expenses and phone service expenses. As you know, our mission statement dictates that we always maintain low prices to make it affordable to all. We feel this is one of the most important traits that we have and must adhere to at all times. To raise our prices in order to have to pay rent, would not only go against our mission, but would hinder us financially and not allow us to continue to be successful in producing live stage theatre. With this in mind, we simply won't be able to pay any type of space rental and hope to continue as we have over the past 6 years. Our hope is to secure a new space within the Women's Club by the opening of our upcoming fall season, which opens in November of 2018. This would mean we would need to begin building our theatre within the next few months to be ready for September rehearsals. The plan is to duplicate our existing theatre in the Madsen Center and rebuild it in the first floor east side room of the Women's Club. After performing a preliminary measurement, we feel we can make this work nicely. We have contacted Mark J. Musa Construction and met with him. He did the build out in our existing theatre. He assured us that he would be able to dismantle the interior of our existing space and rebuild the same in the new space. Since we have anticipated a move over the last 5 years, knowing our building would some day be torn down, we have had an ongoing fund raising campaign for such a move and therefore will pay all construction costs involved with the move. If parking becomes a problem, since there may not be adequate spaces there, we will agree to handle any Valet services that may be needed for our shows. We will also agree to pay a portion of the electric and water, equivalent to what we have paid in the Madsen Center, which averaged approximately $160.00 per month. Eventually, our thoughts would be to have a shuttle from the new Town Square to our theatre. This would allow our patrons to park in the new Town Square, dine, shop, get shuttled to our show, and return to Town Square after the show to continue enjoying the evening. To date, we are extremely proud of our accomplishments while in Boynton. In just 6 seasons, we have become a premier theatre within Palm Beach County, as well as a Cultural Hub for Boynton Beach. Our presence had become known to theatre goers all over South Florida and we have enjoyed rave reviews. However, we could not have accomplished this great feat without the City Of Boynton Beach support, the CRA and all the residents. When this Cultural Partnership was formed 6 years ago, we knew the importance of what needed to be done to make the partnership a success. We feel this has been an extremely successful Cultural Partnership for the City, the theatre, and all the residents. We hope the City of Boynton Beach Officials and CRA continue to see the importance of having the Boynton Beach Playhouse in your community and agree to continue our Cultural Partnership under the same conditions as the past 6 years. Boynton is now on the Cultural map for live stage theatre within Palm Beach County. We hope we can both continue to work together to keep it that way for a long time to come. Thank you Peter Pagliaro/Managing Artistic Director Boynton Beach Playhouse Boynton Beach Playhouse Mission Statement It is the mission of Stage Left Theatre to provide quality productions in a professional atmosphere, while keeping the costs affordable for our patrons. • To supplement and enhance local businesses through a regular schedule of events that will draw a regional audience beyond the immediate community. • To provide a social forum and artistic environment for community members. • To provide a vehicle for children and young adults to be exposed to a unique learning experience with a focus that will encourage individual creativity and development of positive life skills as members of our community. Pictures of the East Room-1St Floor at the Historic Woman's Club Pictures of the Existing Boynton Beach Playhouse: Structural Layout w o u o w 4 gg G I I t? J �s 'a 3 C) r p s a;P yI I �1 0 [o S -i I r i rnrnrnrnrnrnrnrnrnrnrnrn. I-� - I 0 Ct K 3�aa A I`: 1.%.},_9 _4-,_!YIi i 1 ;m t}' CI o � I lag 1 In I b Ct 140. i Ct Fa 0 DO H � DO Cj r- p O I F� w o u o w 4 gg G I I t? J �s 'a 3 C) r p s a;P yI I �1 0 [o S -i I r i rnrnrnrnrnrnrnrnrnrnrnrn. I-� - I �o ;m t}' CI lag 1 5� � Fa HISTORIC WOMAN'S CLUB OF BOYNTON BEACH - EXPENSES Monthly Operating Expenses Fire Safety Monitoring $380.00 Pest Control $160.00 Phone regular line & elevator $180.00 Water $350.00 Electric $700.00 Lawn $600.00 Cleanina Costs Per Event Library/Kitchen/Bathrooms Dining Room/Kitchen/Bathrooms Upstairs/Kitchen/Bathroom Other Costs Per Event Restroom Supplies; paper towels, soap, toilet paper, trash bags Valet Per Event *Alcohol on premises requires additional insurance coverage $2,370.00 $300.00 $300.00 $600.00 $35.00 $125.00 I CRA BOARD MEETING OF: April 10, 2018 NEW BUSINESS AGENDAITEM: 14.E. SUBJECT: Consideration of Transfer of the CRA Owned Property Located at 201 NE 1 st Avenue for Use in the Town Square Project SUMMARY: As identified in the 2016 Boynton Beach Community Redevelopment Plan, the Town Square P3 Mixed -Use Project is an important catalyst to the redevelopment of both the Cultural and Boynton Beach Boulevard Districts. Providing CRA funding to assist in the completion of such a large scale and significant project has been long supported by the Plan and the Board. At the March 13, 2018 CRA Special Board meeting, the Board approved the Interlocal Agreement for funding for Phase 2 of the Town Square Project. CRA and City staff are requesting the CRA Board's consideration and approval to transfer the CRA owned property located at 201 NE 1st Avenue to the City of Boynton Beach for $10 for their sole use as part of the Town Square P3 Mixed -Use Project (see Attachments I & 11). Any change in the development use planned for the property other than those described in the Town Square Redevelopment Plan will require CRA Board approval and the property to revert back to the C RA. FISCAL IMPACT: None. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the transfer of the CRA owned lot located at 201 NE 1st Avenue to the City of Boynton Beach for use within the Model Block Project area for the monetary consideration of $10.00 dollars. 2. Do not approve the transfer of the CRA owned lot located at 201 NE 1 st Avenue to the City of Boynton Beach for use within the Model Block Project area for the monetary consideration of $10.00 dollars. ATTACHMENTS: Description Attachment I - Property Map & Detail Attachment II -Town Square Site Plan Location Address 201 NE 1 STAVE Municipality BOYNTON BEACH Parcel Control Number 08-43-45-28-03-003-0110 Subdivision BOYNTON TOWN OF IN Official Records Book 21982 Page1960 Sale Date JUL-2007 Legal Description TOWN OF BOYNTON LTS 11 TI -IRU 14 BLK 3 Mailing address Owners 710 N FEDERAL HWY BOYNTON BEACH CRA BOYNTON BEACH FL 33435 3910 Sales Date Price OR Book/Page Sale Type Owner JUL-2007 $265,000 21982/01960 WARRANTY DEED BOYNTON BEACH CRA Exemption Applicant/Omer Year Detail IOYNTON BEACH CRA 2017 FULL: CRA'S AND DDA'S Number ofUnits 0 *Total Square 0 Acres 0.6366 Feet 8900- C4 - General Comcmrcial (08-BOYNTON Use Code MUNICIPAL Zoning BEACH) Tax Year 2017 2016 2015 Improvement Value $37,038 $34,531 $35,23 Land Value $378,515 $360,490 $342,80 Total Market Value $415,553 $395,021 $378,04 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $195,446 $177,678 $161,52 Exemption Amount $195,446 $177,678 $161,52 Taxable Value $0 $0 $ Tax Year 2017 2016 2015 Ad Valorem $0 $0 $ Non Ad Valorem $0 $0 $ Total tax $0 $0 $ CFN 20130466415 OR BK 26406 PG 0703 RECORDED 10/25/2013 1:1 Palm Beach County, Florida Prepared by and Return to: Sharon R. Bock,CLERK Pgo 7 - 705; ) (Space Above This Line For Recording Data) DECLARATION OF UNITY OF TITLE NOW ALL MEN BY THESE PRESENTS, that the Boynton Beach Community Redevelopment Ag enc (name of Owner), pursuant to the ordinances of the City of Boynton Beach pertaining to the issuance of building permits and regulating building construction activities, the undersigned, being the fee owner of the following described real property situated in the City of Boynton Beach, County of Palm Beach and State of Florida to -wit: Addresses (if applicable) : 208 NE 1 St Street, Boynton Beach. FL 33435_ 201 NE 1St Avenue Boynton Beach FL 33435 Legal descriptions and PCN: See Exhibit "A" attached hereto. does hereby make the following declarations of condition, Iimitation and restriction on said lands, hereinafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: 1. That the aforesaid plot or combination of separate lots, plots, parcels, acreage or portions thereof, shall hereinafter be regarded and is hereby declared to be unified under one (1) title as an indivisible building site. 2. That the said property shall be henceforth be considered as one (1) plot or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety as one plot or parcel of land. The undersigned further agree(s) that this Declaration of Unity of Title shall constitute a covenant to run with the Iand, as provided by law, and shall be binding upon the undersigned, their heirs, successors and assigns, and all parties claiming under them until such time as the same may be released in writing by the authority of the administrative head of the Boynton Beach Department of Development and approved by the City Attorney and the Mayor upon submittal of request, applicable fees and evidence that the agreement is no longer required by law. The undersigned also agrees that this instrument shall be placed of record in the office of the Clerk of the Circuit Court of Palm beach County, Florida. Signed, sealed, witnessed and acknowledged thi day of, 20,� Witnesses: Signature /of Witness Ms Signature E r V•Q Print Naive and Title D1 reCr Owner's Signature Print Name and Title STATE OF r I U1 LMU-- ) COUNTY OF ) I HEREBY CERTIFY that on thisay of 200,, before me personally appeared to me known to be the persons described in and who executed the foregoing instrument and they acknowledged to me the execution thereof to be their fi•ee act and deed for the uses and purpose herein mentioned, WITNESS my signature and official seal at in the County pd State aforesaid. N My Commission Expires: EXHIBIT A LEGAL DESCRIPTIONS and PCN(s) 208 NE 1St Street, Boynton Beach, FL 33435 The North %i of Lots 1 I and I2, Block 3, TOWN OF BOYNTON, according to the plat thereof, as recorded in Plat Book 1, Page 23 of the Public Records of Palm Beach County, Florida. WOUNIKIII-JE, girl ►�:��h�Mhh��I1iL and Lots 13 and 14, Block 3, TOWN OF BOYNTON, according to the plat thereof, as recorded in Plat Book 23 of the Public Records of Palm Beach County, Florida. PCN: 08-43-45-28-03-003-0130 201 NE I" Avenue, Boynton Beach, FL 33435 The South 60 feet of Lots 11 and 12, Block 3, TOWN OF BOYNTON, according to the Plat thereof as recorded in Plat Book 1, Page 23, the Public Records of Palm Beach County, Florida. PNC: 08-43-45-28-03-003-0111 $ hrroby cirtifyt4at ilia torC.£.•C q, PS a f'o.,n : copy of jh-, r car? in my oMcl t iti T Lo SHARON R, BDC!� Oil CLERK I COMP i RQ�_ EES FU TY CLERK N 2) D LUo ZWW Z) UJ z cc 0 _ E aa)a) o mi Uj IL X n 1 (1) i • • • • I CRA BOARD MEETING OF: April 10, 2018 CRAADVISORY BOARD AGENDAITEM: 15.A. SUBJECT: CRA Advisory Board Agenda -April 5, 2018 SUMMARY: See attached. CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D April 05, 2018 CRAAB Agenda I CRAAdvisory Board Meeting Thursday, April 5, 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. Invocation 3. Roll Call 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda 5. Information Only A. Financial Report Period Ending March 31, 2018 6. Public Comment 7. Consent A. Approval of CRAAdvisory Board Meeting Minutes - March 01, 2018 8. Assignments A. Pending Assignments 1. None B. Reports on Pending Assignments 1. None C. New Assignments 1. None 9. CRA Board Items for CRAAdvisory Board Review and Recommendations A. Old Business 1. Consideration of Parameters for an RFP/RFQ for the CRA Owned Property Located at N E 4th and N E 5th Avenues, a/k/a the Cottage District 2. Consideration of Parameters for an RFP/RFQ for Redevelopment for CRA Owned Parcels within the MLK, Jr Boulevard Corridor B. New Business 1. Consideration of Purchase and Sale Agreement for the Properties Located at 211 N E 9th Avenue and N E 11 th Avenue 2. Consideration of US 1 Intersection Funding Associated with Florida Department of Transportation Improvement Project 3. Discussion and Consideration of Lease Terms for the Property located at 201 N E 9th Avenue 10. Future Agenda Items 11. 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. U;-14 1p,9m 0' 0 Jr 0 a 7A\ MESSAGE FROM THE CRA CHAIR Steven B. Grant THE YEAR OF INNOVATION AND PARTNERSHIPS Fiscal Year 2016-2017 was an exciting time for the City and O, CRA as we unveiled our new vision for downtown with the adoption and ratification of the 2016 Consolidated CRA Plan. The 2016 Plan is a comprehensive document that provides clear and concise direction for the implementation of the community's vision under the leadership of the CRA Board, new Executive Director, Michael Simon, and professional staff. As a result, our City has excitement that comes from a collaborated vision for Boynton Beach. The significance of this dynamism can readily be seen in the engagement of the citizens and businesses, which ultimately resonates throughout the development community in the region during the fiscal year. In November of 2016, we witnessed an extraordinary start with the quality responses to the Town Square Request for Qualifications, the CRA's public/ private partnership with 500 Ocean mixed-use development in winning the 2016 FRA award for "Outstanding New Building Project," and over $300,000 of private investment leveraged with CRA funds through its Economic Development Grant Program. In the spring of 2017, the CRA also launched its Social Media Outreach Program (SMOP) for community businesses, the first of its kind, through a collaboration with CareerSource Palm Beach County and participated in the Career Expo to foster entrepreneurship and job growth. We continue to invest in our neighborhoods with the construction of six affordable single- family infill housing units within our Model Block project, the completion of Sara Sims Park Master Plan, and the selection of Centennial Management Corporation as the developer for the Ocean Breeze East multi -family affordable housing project, all within the Heart of Boynton District. The CRA's focus in Boynton's marina and local marine industry is supported by the completion of the Marina Open Space and Roadway Improvement Project, the final phase of the Boynton Harbor Marina Master Redevelopment Plan. In addition, the CRA's sale of the Amerigas property located at 711 N. Federal Highway, has allowed for the expansion of the existing South Florida Marine & MasterCraft dealership. While there are many new projects on the horizon, the CRA has diligently worked on retaining Boynton Beach's unique feel and heritage. This includes the long awaited preservation and adaptive reuse of the historic Boynton Beach High School and the purchase and continued operations of the Nationally Registered Historic Boynton Woman's Club, designed by renowned architect, Addison Mizner. As we move forward in 2018 with energy and enthusiasm, I encourage everyone to review our Annual Report to get to know the Community Redevelopment Agency and the many resources it has to offer to its residents, businesses, and visitors. As Chairman of the Boynton Beach CRA, I have great gratification to know that we have assembled the most forward -thinking team of professionals working on behalf of the community to create an inclusive, transparent, and engaging environment where collaboration and creativity are nurtured as we continue to transform our downtown. Steven B. Grant Board Chair, Boynton Beach Community Redevelopment Agency Mayor, City of Boynton Beach CRA FINANCIAL SUMMARY The Community Redevelopment Agency is funded through tax increment revenues. Properties located in the CRA district do NOT pay any additional property taxes; rather, a portion of the annual City and County taxes collected in the redevelopment area is transferred to the CRA for redevelopment activities. The greater the increase in taxable property values over the CRA's base year (1982, the larger the incremental increase in revenues transferred to the CRA. Other sources of funding for redevelopment activities include the issuance of taxable and nontaxable bonds. The Agency's tax increment fund revenues for the fiscal year 2016 - 2017 increased by 10.4% from $9.5 million in fiscal year 2015 - 2016 to $10.6 million in fiscal year 2016 - 2017. This resulted primarily from increased property values by 8.2% within the CRA district from residential, multi -family, condominiums and commercial properties. The Boynton Beach CRA's financial statements may be obtained at Catch Boynton. corn or by calling 561-737-3256. Financials as of September 30, 2017 ASSETS & LIABILITIES Total Assets $40,074,320 1 Interest Income & Grant Revenue Tax Increment Revenue Debt Service -Annual L,a 1 Capital Outlay & Redevelopment Projects PEW"-- —m Boynton Harbor Marina Located in the Down- town District, the Boynton Harbor Marina is seen as the eastern anchor to Boynton Beach's down- town core and is home to many marine businesses, waterfront restaurants and marine activities. In March 2006, the Boynton Beach Community Redevel- opment Agency purchased the privately owned historic Commercial fishing marina dating back to the 1940's for the purpose of preserving the "working waterfront" and ensuring continued public access to the waterways. The Marina Redevelopment Project involved three phases. Starting in 2009, Phase I encompassed the installation of new docks, piers, electrical and water metering sys- tems for the commercial marine tenants. Phase I also included the construction of the entry feature into the marina, the iconic lighthouse, landscaping lighting, and green space surrounding the lighthouse. Phase II included the construction of the Harbor Master building, ship store, fuel docks, public restrooms, and provided upgrades to the of fuel lines with new high ef- ficiency gas pumps and dispensers. The Harbor Master Building site is a prime waterfront location featuring a public open space park with seating that allows visitors to sit and enjoy views on the water. This open space park is the host location for the Annual Holiday Boat Parade providing visitors viewing areas to enjoy this coastal waterway tradition. Two Fishing Tournaments were held in this location, the KDW Charity Fishing Tournament and the Mark Gerretson Memorial Fishing Tournament. Anglers of all ages participated in these tournaments that provide added economic benefit to the two waterfront restaurants and many businesses within the Downtown District area. 4 The third and final phase of the CRA Marina Redevelop- ment Pro11'ect was the Marina Open Space project, con- sisting of new landscaping, lighting, green space and seating areas for customers to wait to board their fishing or dive charters or to simply relax and watch the boats. This project phase was completed in ,January 2017 for a cost of $896,357. The completion of the Marina re- development project creates an attractive, functional eco- nomic driver that will offer commercial redevelopment opportunities and enhance the visitor's overall experi- ence. Preservation of the marina and preserving public access to the waterfront, marine activities, and commer- cial marine businesses is an integral component of the Boynton Beach Downtown Vision & Master Plan and 2016 Boynton Beach Community Redevelopment Plan. With the completion of the Marina Redevelopment Pro- ject, the CRA can effectively market the Boynton Harbor Marina as a commercial destination that will attract new customers. In 2017 the marketing campaign Boynton Beach an Ocean of Opportunities highlighted the mar- ina tenants in many marine publications attracting cus- tomers to the marina. The marketing efforts offered a strategic approach that stimulated interest in the marina by promoting the marina with the installation of branded street banners, video ad campaigns featuring the marina tenants and restaurants, social media campaigns, and brochures. PROJECT SEAHORSE Project Seahorse for Kids is a non-profit organization that teaches children how to snorkel and educates them about the various marine resources located along the east coast of Florida. The Boynton Beach CRA, Boynton Harbor Marina Commercial Dive Charter Businesses, ERCIAL City of Boynton Beach Recreation & Parks Department, and Palm Beach County Parks and Recreation Depart- ment teamed up for a third year with Project Seahorse to administer a local marine program available to chil- 5 purchased by dren ages 10 to 12 years old enrolled in the City of al marine • Boynton Beach summer camp program. January • Open Space The children received snorkel and swimming lessons arked the final with dive instructors from Project Seahorse and swim /\Aaster Plan instructors from Diversity in Aquatics at the Palm Beach County Aqua Crest Pool facility. In July, the kids boarded the participating commercial dive vessels at the Boyyn- -• • - ton Harbor Marina, Splashdown Divers and Startish •• - Scuba, to snorkel local reefs and the Lofthus, a historic 4,-2017 totaled shipwreck that sank in 1898 roughly 200 yards off the • also provides shore of Boynton Beach. The projectgave the kids an throughout - opportunity of a lifetime to experience the amazing nat- 16-2017 were ural marine resources off their local beaches. *line sold for . diesel w• • • Because of the program's success, other cities have reached out to Project Seahorse for Kids and the CRA for details on how to start a similar marine program in inds, the • • their city using local businesses as the facilitators. The year:CRA understands the importance of this project when it included the Boynton Harbor Marina businesses as a key component to the program. The collaboration was fn $ • 000 a perfect match, combining the Marina's commercial $13,300 dive charter businesses with the educational Project $12,600 Seahorse program. BUSINESS AND ECONOMIC DEVELOPMENT CRA grant funding assisted 12 new businesses adding approximately over 17,000 square feet of new retail, restaurant, and professional office space to the District. Meanwhile, four existing businesses were able to expand and/or make facade improvements totaling just over 22,000 square feet of commercial space. COMMERCIAL INTERIOR BUILD -OUT GRANT PROGRAM - $69,600 This Program offers financial assistance in the form of a reimbursable, match (50%) funding grant for eligible expenses associated with the interior construction or renovation of a commercial space up to the grant maximum amount of $25,000 - $45,000 depending on the type of commercial use. Eligible items include flooring, lighting, electrical, plumbing, HVAC, structural walls and other fixed improvements. Ratio: $1.00 CRA to $1.00 Private. COMMERCIAL CONSTRUCTION PERMIT GRANT PROGRAM - $26,983 This program offers financial assistance in the form of a reimbursable funding for the cost associated with building permit fees from 2.3% up to 3.3% of the project's construction value,with a grant maximum amount not to exceed $66,000. COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM - $110,700 This Program offers financial assistance in the form of a reimbursable, match funding (50%) grant for the cost of monthly rent and is intended to help businesses during the critical first year of operation. Funding can be up to a grant maximum amount of $10,800 - $15,000 depending on the type of commercial use. Ratio: $1 .00 CRA to $1.90 Private. COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM - $77,952 This Program offers financial assistance in the form of a reimbursable, match funding (50%) grant for the cost of eligible expenses associated with exterior improvements up to a grant maximum amount of $25,000. Eligible improvements include signage, landscaping, exterior paint, windows, awnings and ADA improvements. Ratio: $1.00 CRA to $1 .15 Private. BUSINESS SPOTLIGHT... HOUR CUCINA Hour Cucina is a commissary kitchen located in the CRA District offering a convenient, clean, and fully equipped shared kitchen use. The kitchen is designed to support small business chefs, bakers, and specialty food makers. Hour Cucina was the 2015 Economic Development Grant recipient of $37,500 in CRA funding with private matching funds of $97,534. Since its opening in November 2015, Hour Cucina is now home to 21 clients which include three caterers, four bakers, a candy maker, five food trucks, four meal prep companies, two personal chefs, an Indian food manufac- turer, and a pickled vegetable producer. In 2016, Hour Cucina clients logged 3,396 billable hours and contin- ued to grow in 2017, logging 4,644 billable hours. CAREER EXPOS The CRA in collaboration with CareerSource of Palm Beach County worked together to address joblessness in Boynton Beach and hosted a Career Expo Event on March 23, 2017, from 8:30 A.M. — 12:00 P.M. at the Carolyn Sims Center. On the day of the Career Expo, a total of 21 local busi- nesses and employers, varying from retailers to financial and healthcare industries, as well as, the Palm Beach County School District and Florida Atlantic University, participated in the event. Ap- proximately 150 job seekers attended the event throughout the day. All of the career candidates were registered with "Employ- Florida" the state of Florida's employment database, allowing each individual to be identified with a unique identifica- tion code to track the progress of their job search from attendance at the Expo until hiring. Of the 141 registered attendees, 22 individuals received job placement as of August 2018. Culinary Expo Hosted by Community Caring Center October 23rd 14pm - 7pm Town Square Community Job Fair Hosted by E2L, Merchant Strategy and the City of Boynton Beach August 22^d 8am - 12pm for sub -contractors 13pm - 7pm for labor force SOCIAL MEDIA CONSULTING FOR BUSINESSES f APPLY NOW. t .n ^V v You Ili Tube GET FREE PERSONALIZED HELP TO GROW YOUR BUSINESS ON SOCIAL MEDIA! *111YOT41 MM Downtown redevelopment is showing signs of re- vitalization with the completion of the new 500 Ocean project located at 101 S. Federal Highway in the CRXs Downtown District. 500 Ocean is a well designed and functional, six story mixed- use development, which includes 341 luxury residential units, 13,300 square feet of retail/ commercial space fronting E. Ocean Avenue, and 6,600 square feet of office space. The residential amenities offered at 500 Ocean include an up- scale clubhouse with mini -bowling lanes, fitness center, card room, intimate private movie theater, large infinity pool, and serenity garden. 500 Ocean begun residential leasing and the project will be fully completed by the end of June 2018. In order to make certain aspects of the project financially viable, the CRA entered into a public/private partner- ship with the developer, LeCesse Development Corp, to provide financial assistance to the project for the creation of the retail/commercial units, office space and to construct the building with energy efficient elements that meet the National Green Building Silver level standard. The Boynton Beach CRA was recognized by the Florida Redevelopment Association in October 2017 with the Roy F. Kenzie Award for Outstanding New Development Project for our partnership in the 500 Ocean project. Aquality project of this scale will bring approximately 800 new residents to the area, drive demand for goods and services, and support existing businesses as well as create new ones. For more information visit 500oceana- partments.com. a I� Li F L -a N61 1%4., BOYNTON BEACH BOULEVARD STREETSCAPE IMPROVEMENT PROJECT — DESIGN PHASE The Boynton Beach CRA began the design and construction document phase of the Boynton Beach Boulevard Streetscape Improvement Project in February 2017. This important project will implement the CRA's vision for a complete street at the City's most prominent corridor by providing accommodations such as dedicated bike lanes, widened sidewalks, landscaping, and decorative street lighting enhancements on E. Boynton Beach Boulevard, beginning at 1-95 and extending east to Federal Highway. These enhancements will create a sense of arrival and destination through a unified streetscape, promote a pedestrian friendly environment, as well as provide an incentive for property owners or developers to leverage their investments along the corridor. TOWN SQUARE BOYNTON BEACH To)W►� MIXED-USE REDEVELOPMENT SQUARE & HISTORIC HIGH SCHOOL BOYNToN R�Ar_u RECONSTRUCTION PROJECT \" K to a , v o r<�e The City of Boynton Beach currently owns 16.5 acres of prime redevelopment land within the CRA District occupied by City Hall and the Police Station, historic Boynton Beach High School, Library, Civic Center, and other City buildings that are in need of replacement. As identified in the 2016 CRA Redevelopment Plan, the Town Square Boynton Mixed -Use Redevelopment & historic Boynton Beach High School Adaptive Re -Use Project is an important catalyst to the redevelopment of the Downtown, Cultural, and Boynton Beach Boulevard Districts. Providing CRA funding to assist in the completion of such a large scale and significant project has been long supported by the redevelopment plan and Board. Under a Public -Private -Partnership (P3) Project relationship, E2L Real Estate Solutions was selected as the development partner to work with the City/CRA on the 16.5 acre mixed use and public facilities redevelopment project. On the Pub- lic side, the P3 Project will result in the construction of a new City Hall/Library building, a renovated and repurposed historic Boynton Beach High School building for civic and private uses, two new parking garages, and interactive public open spaces and event site. The Private portion of the P3 Project will be the construction of a new hotel, mixed use commercial/office/residential structures, and parking garage. As part of the Fiscal Year 2016-2017 budget, the CRA Board approved funding in the amount of $2,100,000 to begin the estimated $10,000,000 renovation of historic Boynton Beach High School building. This funding was used to conduct the removal of molded and environmentally sensitive materials, roof replacement, and the first phase of structural renovations to the building. Additional CRA funding will be necessary in future budget years in order to complete the Town Square project and public improvements. 10 r OL 7 ` 1. TOWN SQUARE -w 4 -460 Units -120 Room Hotel 2.VILLAGES AT OCEAN EAST t M -366 Units 3. CASA COSTA {OCE -395 Units b ,... .f 4. OCEAN ONE -231 Units ' 5. MARINA VILLAGE 7„ 4 -338 Units s 6. 500 OCEAN -341 Units y 7.601 FEDERAL PLAZA -28 Units w u.; 8. ONE BOYNTON 494 Units t ., 9. RIVERWALK `Y -326 Units w .. ' i•` WOOLBRIGHT RD CRA AFFORDABLE HOUSING PROJECTS MODEL BLOCK PROJECT The Model Block project located within the Heart of Boynton and Poinciana Gardens neighborhood 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 NVV 11 th Avenue and NVV 10th Avenue. Since the beginning of the project in 2012, the CRA and the City have partnered with Habitat for Humanity and the Boynton Beach Faith Based Community Development Corporation (CDC) to construct and deliver five new single-family homes on NVV 10th Avenue with a sixth home under construction and will be completed in Spring of 2018. Vacant parcels on NVV 11 th Avenue will be re -platted and new roadway, sidewalk, and utility improvements will begin in the Summer of 2018 to accommodate approximately ten additional single-family homes. The CRA continues to pursue the acquisition of additional parcels within the Model Block project area for the creation of affordable housing. The ongoing improvements will continue to stabilize the neighborhood, increasing the home ownership opportunities and community pride. 12 OCEAN BREEZE EAST PROJECT The Ocean Breeze East Project site is a vacant parcel of land approximately 4.32 acres in size and located at 700 N. Seacrest Boulevard. The property was purchased in May 2007 after the multi -family housing that previously existed on the property had been condemned due to extreme hurricane damage. The CRA demolished the structures, cleared the site, and maintained the vacant property during the land recession. In 2016, the CRA rezoned the property to allow for a higher maximum density (40 versus 30 dwelling units/acre. The increase in density along with the favorable real estate market initiated development interest. As a result of a Request for Proposals and Developer Qualifications, on August 29, 2017, the CRA Board approved Centennial Management Corporation to be the owner/developer of a new affordable residential housing project. The $26 million dollar project will consist of 123 multi- family affordable rental units (30 one bedroom, 63 two bedroom, and 30 three bedroomj, three story structures with residential amenities, small flex and community space, new sidewalks, street lighting, on -street parking spaces, a plaza -style open space and enhanced landscaping that exceeds the requirements of the City's Land Development Regulations. Financing for the project is structured using various funding sources and options for maximum leveraging of CRA dollars. The construction schedule proposes groundbreaking to occur within sixty days of building permit issuance with project completion anticipated within twenty-four months thereafter. I lop"' ry HISTORIC PRESERVATION PROJECTS 480 E. OCEAN AVENUE RESTAURANT 480 E. Ocean Avenue Restaurant Redevelopment Project, previously known as the historic Ruth Jones Cottage Project, is a 19300Is vernacular, 900 square foot home completely renovated for re -use as a restaurant by the CRA in May 2012. The residential structure was removed from its property located on the Northeast corner of NE 1 st Street and NE 1 st Avenue and relocated by movers to its current location at 480 E. Ocean Avenue. This was a two part project for the CRA which consisted of first relocating the Cottage, and then building a much needed public parking lot for the adjacent civic and local business uses. At that time, the newly renovated restaurant building was leased to a restauranteur who occupied the facility for approximately two years before closing. In April 2016, the CRA sold the property to the current owner, Ocean Avenue Pride, LLC. Under the new owner, additional improvements were made to the building including expansion and enclosure of the patio, new roof, landscaping, and commercial kitchen upgrades. Construction commenced in the spring of 2017 and a Certificate of Occupancy was obtained in March 2018. The reopening of the restaurant will add much needed commercial activity to E. Ocean Avenue. 14 P COMMUNITY PLANNING & INVESTMENT SARA SIMS PARK MASTER PLAN & IMPROVEMENT PROJECT Situated in the center of the Heart of Boynton community, the once vibrant and active historic cemetery fell into disrepair over the years and became more of a crime attractant instead of the epicenter of the community. Recognizing the need to reinvest in the community, the CRA hired REG Architects, Inc. in 2010 to prepare a preliminary Master Plan for the park that would be used as the basis for any future renovation projects. The CRA held numerous public engagement meetings from May through October 2017 and conducted surveys to gather input from the residents on their desired park amenities and site improvements. As a result of this process, renovation to the park will include new walkways and trails, decorative fencing, trash receptacles, additional parking, landscaping, pavilions, bike racks, barbecue grills, water fountains, benches, lighting, and Wi-Fi and security systems to begin in the fall of 2018. 12 -acre park and adjacent Construction is anticipated The CRA will be providing approximately $600,000 as a match to the City's $750,000 in new sales tax funds to be used toward the design and construction of the park, as well as, the much-needed improvements to the historic cemetery during Fiscal Year 2017-2018. Wig SARA SIMS PARK ®WGI. 15 COMMUNITY BUILDING BOYNTON BEACH HAUNTED PIRATE FEST & MERMAID SPLASH On Saturday, October 21 and Sunday, October 22, 2017, the CRA's Cultural and Downtown Districts were transformed into a boisterous pirate port for the 6th Annual Boynton Beach Haunted Pirate Fest and Mermaid Splash. With over 60,000 people attending, this two-day event held strong to its created intention to attract large numbers of people to the downtown core area to showcase the products of our businesses located within the CRA area. Attendees were encouraged to complete a scavenger hunt which gave them personal interaction with District busi- nesses, activities and event sponsors. Over the years,the business development event has grown in popularity, mak- ing it one of the most attended events of its type in Florida. MOVIES IN THE PARK Clear skies and cool weather created the perfect setting to enjoy a free movie under the stars at the CRA's monthly Movies in the Park. On the first Friday of each month, between October and June, the CRA constructed Ocean Avenue Amphitheatre is transformed into an outdoor movie venue that was the perfect place for singles, couples, and families to enjoy a free outdoor flick. Prior to the feature film, a video trailer showcasing local CRA District businesses and gives moviegoers the opportunity to win gift certific- ates and vouchers to the featured businesses - which was part of the business development link to the local economy and encourage patronage of area merchants. 16 MUSIC ON THE ROCKS Country, Rock, Reggae - those were just a few of the mu- sical genres that got people dancing around at the CRA's monthly Music on the Rocks event. The free concert series brought thousands of visitors to the downtown area over the course of the season. A continued partnership with Food Truck Invasiongave local food truck vendors the chance to showcase their offerings alongside tunes from some of the hottest bands in South Florida. This cultural enhancement series not only activated the downtown core but also promoted the City of Boynton Beach as a hip and happening destination to several demographics. BOYNTON BEACH HOLIDAY TREE LIGHTING & CONCERT Lights shined brightly along East Ocean Avenue in down- town Boynton Beach, as it was lit up with holiday decor and lights during the 47th Annual Boynton Beach Holiday Tree Lighting and Concert held on December 2, 2017. Elves, drummers, stilt -walkers, and other costumed charac- ters filled the street spreading holiday cheer and goodwill to all they encountered. The focalpoint of the event was a 50 -foot holiday tree, surrounded by agrant Menorah and Kwanzaa Candelabra to celebrate the diversity of the city's population. While guests explored the winter wonderland they weregreeted with a variety of holiday festivities, which included live music, dance performances, interactive children's activities, shopping opportunities with local vendors, and a special visit from OI' Saint Nick. BOYNTON BEACH & DELRAY BEACH HOLIDAY BOAT PARADE The Boynton Beach CRA continued its partnership with the City of Delray Beach for the 46th Annual Holiday Boat Parade, which took place on Friday, December 8, 2017. The procession of illuminated boats sailed down the Intracoastal Waterways of both Boynton Beach and Delray Beach. This season, forty-two captains decked out their vessels with colorful lights and festive d6cor, making the marine flotilla quite the delight for patrons who visited the two Boyn- ton Harbor Marina restaurants while others watched from locations along the waterway within the CRA District. Spectators were en- couraged to help a child in need by donating to the U.S. Marine Corps's Annual Toys for Tots drive. MILK CELEBRATION OF UNITY On January 7, 2017 Community members gathered at Sara Sims Park located in the Heart of Boynton District for the 2nd Annual MILK Cel- ebration of Unity to honor the life and legacy of Dr. Martin Luther King Jr. Guest speakers spoke on the importance of unity and embracing one's neighbor throwgh acts of service. Attendees were challenged with the question, "what are you do- ing for others" and encouraged to step-up as leaders to enact the change that they personally wanted to see within their community and the world. The free celebration also included live music, children's activities, and a selection of food and beverages from local businesses. BLARNEY BASH Thousands of residents from throughout Palm Beach County flocked to the downtown cor- ridor of Boynton Beach to attend the 3rd Annual Boynton Beach Blarney Bash event on Friday, March 17, 2017. The event celebrated all things green and provided families with a fun and festive way to enjoy St. Patrick's Day. Lep- rechauns, fairies, and other festive characters roamed the streets while attendees enJ.oyed live Celtic music, an Irish stepdance performance, a Shamrock Costume Contest, tasty treats from local food trucks and businesses, a variety of green drinks, shopping opportunities with local vendors, and lots of activities for both children and adults. 17 CRA AWARDS & RECOGNITIONS FLORIDA REDEVELOPMENT ASSOCIATION AWARDS OUTSTANDING NEW BUILDING PROJECT 500 OCEAN INTERNATIONAL FESTIVALS & EVENTS ASSOCIATION HAAS & WILKERSON PINNACLE AWARDS BEST EVENT WEBSITE Boynton Beach Haunted Pirate Fest and Mermaid Splash BEST EVENT PROGRAM Boynton Beach Haunted Pirate Fest & Mermaid Splash BEST SINGLE NEWSPAPER DISPLAY AD MLK Celebration of Unity BEST SINGLE NEWSPAPER DISPLAY AD Boynton Beach Haunted Pirate Fest and Mermaid Splash BEST EVENT PROMO- TIONAL PHOTOGRAPH Boynton Beach Haunted Pirate Fest and Mermaid Splash 18 E BEST MISCELLANEOUS PRINTED MATERIALS (MULTIPLE PAGE) Boynton Beach Haunted Pirate Fest & Mermaid Splash BEST OUTDOOR BILLBOARD Boynton Beach Haunted Pirate Fest and Mermaid Splash BEST GIVE-AWAY ITEM Treasure Hunt Map and Treasure Box MAP OF CRA DISTRICT KEYI E 195 0 CRA District � 1,650 Acres City of Boynton Beach 19 CRA Staff MICHAEL SIMON Executive Director THUY SHUTT Assistant Director VICKI HILL Finance Director THERESA UTTERBACK Development Services Manager BONNIE NICKLIEN Administrative Services & Grant Manager JOBARA JENKINS Finance Specialist TRACY SMITH-COFFEY Marketing & Business Development Specialist MERCEDES COPPIN Special Events Coordinator AZIM HUSSAIN Marketing, Events, & Economic Development Assistant PSW i P' �R t , CRA Staff MICHAEL SIMON Executive Director THUY SHUTT Assistant Director VICKI HILL Finance Director THERESA UTTERBACK Development Services Manager BONNIE NICKLIEN Administrative Services & Grant Manager JOBARA JENKINS Finance Specialist TRACY SMITH-COFFEY Marketing & Business Development Specialist MERCEDES COPPIN Special Events Coordinator AZIM HUSSAIN Marketing, Events, & Economic Development Assistant PSW