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Agenda 05-08-18 t 'k i4"BOYN �r v H Y,1 RA Community Redevelopment Agency Board Meeting Tuesday, May 8, 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 8. Information Only A. Marketing and Business Development Campaign B. Public Comment Log C. Public Relations Articles Associated with the BBCRA D. Legacy South Florida Magazine announces "South Florida's 50 Most REVISED Powerful & Influential Black Business Leaders of 2018"featuring Board Member Mack McCray 9. Public Comments 10. Consent Agenda A. Financial Report Period Ending April 30, 2018 B. Monthly Purchase Orders C. Approval of CRA Board Meeting Minutes- March 13, 2018 D. Approval of CRA Board Meeting Minutes-April 10, 2018 E. Consideration of the Revised CRA Human Resource Policies and Procedures Manual F. Approval of Commercial Rent Reimbursement Grant Program in the amount of$10,800 for Monarch Pet Memorial Services Inc. located at 805 N. Federal Highway G. Approval of Commercial Interior Build-Out Grant Program in the amount of $25,000 for Monarch Pet Memorial Services Inc. located at 805 N. Federal Highway H. Approval of Commercial Facade Improvement Grant Program in the amount of$25,000 for Monarch Pet Memorial Services Inc. located at 805 N. Federal Highway I. Approval of Commercial Construction Permit Grant Program in the amount of$1,951 for Monarch Pet Memorial Services Inc. located at 805 N. Federal Highway J. Approval of Commercial Facade Improvement Grant Program in the amount of$900 for Front Street Development, LLC d/b/a Marina Cafe located at 100 NE 6th Street in Marina Village K. Approval of Commercial Interior Build-Out Grant Program in the amount of $11,400 for Front Street Development, LLC d/b/a Marina Cafe located at 100 NE 6th Street in Marina Village L. Approval of Commercial Rent Reimbursement Grant Program in the amount of$10,800 for Beacon Consulting Engineers, LLC located at 625 Casa Loma Blvd, Suite 106 in Marina Village M. Approval of Commercial Facade Improvement Grant Program in the amount of$18,220 for Reflection Auto Body, Inc. d/b/a Bruno's Auto Body& Paint located at 217 NE 3rd Street N. Approval of Commercial Rent Reimbursement Grant Program in the amount of$10,200 for Alexis Knight Architect, Inc. located at 100 N E 6th Street, Suite 102 in Marina Village O. Approval of Commercial Facade Improvement Grant Program in the amount of$1,750 for Ekel, LLC located at 634 E. Ocean Ave P. Approval of Extension for Divine N Corp, d/b/a That's Amore's Commercial Interior Build-Out Grant and Commercial Facade Improvement Grant Programs located in Casa Costa Q. Approval of Extension for Driftwood 2005, LLC's Commercial Facade Improvement Grant Program located at 2005 S. Federal Highway 11. Pulled Consent Agenda Items 12. Public Hearing 13. Old Business A. Neighborhood Officer Program 2nd Quarter Report for FY 2017 -2018 B. Project Update on Ocean Breeze East C. Consideration of a Letter of Interest Submitted by Tri-Unity Homes for the CRA Owned Property Located at NE 4th and NE 5th Avenues, a/k/a the Cottage District D. Consideration of an RFP/RFQ for the CRA Owned Property Located at NE 4th and NE 5th Avenues, a/k/a the Cottage District E. Consideration of Boynton Village, LLC Compliance Audit (Tabled 4/10/18) F. Consideration of Approval of System Audit Reports and Payments Release to Hart Seabourn Cove, LLC for the Properties known as Seabourn Cove- Phase I & Phase II G. Project Update 211 E. Ocean Avenue 14. New Business A. Consideration of Terms for Interlocal Agreement between the Boynton Beach CRA and the City of Boynton Beach for Funding Associated with the FDOT US1 Intersection Enhancement Project B. Consideration of Interlocal Agreement between the Boynton Beach CRA and City of Boynton Beach for funding associated with the NW 11th Avenue Street and Utility Improvements associated with the Model Block Project C. Consideration of Request from the Boynton Beach Playhouse for use of the (Tabled Historic Woman's Club of Boynton Beach 4/10/18) D. Consideration of Grant Funding for the Boynton Beach CRA NonProfit Organization Grant Program 15. CRAAdvisory Board A. CRAAdvisory Board Agenda- May 3, 2018 B. Approval of CRAAdvisory Board Meeting Minutes-April 05, 2018 C. Pending Assignments: 1. None D. Reports on Pending Assignments: 1. None E. New Assignments: 1. None 16. Future Agenda Items A. Consideration of Parameters for an RFP/RFQ for Redevelopment for CRA Owned Parcels within the MLK, Jr Boulevard Corridor 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 WITH 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 CRA'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRA'S WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 7.A. SUBJECT: Movies in the Park SUMMARY: MAY MOVIE RECAP • The Movies in the Park event will be held on May 4th and features the film The Incredibles. • Prior to the start of the movie, a video trailer will feature five local CRA businesses: Chips Ahoy, Driftwood, Deep Ocean Reef Bar & Grill, Marina Cafe, and Colonial Gateway Veterinary Center&Animal Hospital. • Approximately attendance: (TBA) • Survey data: (TBA) JUNE MOVIE ANNOUNCEMENT The final Movies in the Park of the 2017-2018 event season will be held on Friday, June 1 st. The feature film will be Jumanji: Welcome to the Jungle. Event details are listed below: • This free event will be held at the Ocean Avenue Amphitheatre starting at 8:30 P.M. and will run until approximately 10:30 P.M. • This film is rated PG-13 and is categorized as a fantasy/action. • A video trailer of select CRA District businesses will be shown prior to the start of the film. • Gift cards donated by the featured CRA District businesses will be given away to guests through a drawing after the movie. EVENT MARKETING Stage Banners - Movies in the park 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 A.M. until 9 P.M. Movies & Music ad will air May-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 $3,000 expended for May the event. CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D Exhibits A-B D Exhibit C Exhibit A Stage Banners r, Eli JUNE 1 s' 8:80 Pm 'V'IES IMTHEPAR ``}' on the MAY 18 8-0 Pm Q m' ROCKS �h _ fopCTRaC� JUNE 15� 0-0 Pm N I Exhibit C Social Media Movies in the Park v Xf yin jst t oh - �r Aw 4'tf f I V`t I F"ovi-iton Beach CRA. Learn!ears AL r10 people reached Boosted on Apr 34 Audience Upped SUS es Florida. 16 (35T,People_.. F'+(r f � �.__.fix= a.;�� .';� k:•i-.: View Results Boynton e h CPQ shared an event... Next Friday! Don't miss your opp rtunji y to enjoy a FREE moria night with all your frier s at,71do !esu theP ark Tfie first 1010 people get a FREE Crag of popcorn #'In re E les #hIl vie ighl.'. r Il Movies in the Park-Tne incredibi'e V Interested RA " people- reached "view Promotion Like ire Share Boymon Beach CRA 9 mow. April l l 9,00pm Is your famil -as super as the#Incredl les? Don't Criss Movie in the Park- The Incre iblec next Friday, May 4th at the 8:30 Phl-129 E. Ocea,n Ave. ill Boynton Beach! The first 100 hags of popc m are FREER ? Ks %is�Vsr ro l, t � �� i � i,� �„i ,,il, � ii �•,;its, „1 �I I { s 2'67 pa aVe-, reachle Ellzab rn Bairn If vou're exited about the release of the Incred,ibles`?- you ,agar'°want to miss the orj,o1nal on the B IG SC REEN on Friday-, May 4th.#Free,Fufl #I'oloviesjnthePark:#FREElrr Acorn 4K,10 ie N ig hl 4,°#,sne°,f-rl x ar Z�- � y � I € Ii I is LES Boynton Beach CKA I_eam,More °uCta,c +"R AL - E peopte reached -..,, Baa ' i u. mt Boosted on fpr 23 Au p fe:0m'ed ste},--v, F1onda, 12- 65- Feopl8 Vipz,v" Results 1•.1ar[IE..! ._k7 _sn, Ka,, r. £-i :,€.I rld 7A oIth..fms .m" r_1.7i `,n,e-n,,s 1 n r Email Blast Movies in the Park Sender Property: Baynton.Beach CRA<-snub CoffeyT( bbf1.us, Subject: MAY EVENT SCHEDULE Boynton Beach CRA May 2oi8 Events v , i 161 m LES' i iiii A Up I �'i Movies in the Park: The 1ncre d tiles RG-Animated,Comedy,Action This family-friendly film is about the adventures of a married couple,Mr.incredible and Elastigirl,who were forced to give u their lives as world famous crime-fighting superheroes to become ordinary civilian and parents.When the husband,Mr. Incredible, decides to secretly return to his superhero life he discovers that his entire family is in for the adventure of a Lifetime. This free event features movies projected on a large inflatable screen set on the stage of the Ocean Avenue Amphitheatre. The first 1oc bags of popcorn are FREE..Snacks and beverages will be available for purchase and a free drawing will be held at the end of the movie, winners receive gift certificates from local businesses. I rt°: 'i � ��t \3��{C �F��F ,l��F4�1F \e 14�c�?tr I`}I r�_� � li �3� � t f t` �� r,F4�}•t .S�,` p }4 �P� }f j,,. }�z�`4t Or Ak 1 � o 1 it 4 Z r11 ({gz t '��f4 r fhrsLis �G}f��SS)� n Iws Iq 6 1`0 e Genre Rock - re you ready for an electrifyingnight of rock and r lt? CompLetely unchained, the uttimate Van HaLen Tribute Band, wiLL bringing their power-packed show to the Music on the Rocks event on May, 18th. This free. famity-friendty event will feature izzli music, t nt Li inn cocktaits,. and mouth-watering bites from; Food Truck Invasion. Ca n't ivies your chance, to rock out to your favorite VAn Halen tunes! FOLLO\X/ US Questions? corta-'-". UlSltoday 561-600-S1097' t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 7.13. SUBJECT: Music on the Rocks SUMMARY: APRIL MUSIC RECAP • The April 20, 2018 Music on the Rocks event featured the band The Flyers. • There were approximately 250 people in attendance throughout the night. • Thirty-Five (35) feedback surveys were collected, revealing the following information about event attendees: • Connection to Boynton Beach: • Resident- 67% • Work- 11% • Leisure - 18% • Visiting -4% • Heard about the event via: • Print- 19% • Banner- 5% • Flyer-2% • Social Media -21% • Friend -26% • Website - 17% • Other- 10% • Age Range: • 30's - 17% • 40's - 17% • 50's -31% • 60's -33% • 70's -3% • Sex: • Male - 34% • Female - 66% MAY MUSIC ANNOUNCEMENT The next Music on the Rocks event will be held on Friday, May 18, 2018. Event details are listed below: • The featured band will be Completely Unchained, a Van Halen tribute 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 May-June. $450.00 (Exhibit B) Atlantic Current Magazine Staff created an ad for The Atlantic Current in hopes to reach a younger demographic, with 70% of their readers ages 21-44, 42% of which are ages 21-34. They have roughly 28,250 readers, 10,000 magazines and distributed to over 100 locations across Palm Beach County and Broward County. Their magazine is released by-monthly. $800.00 (Exhibit C) New Times Staff created ad campaign for the New Times. The ad campaign will run about one week prior to the Music on the Rocks event, with a digital presence on the New Times website www.browardpalmbeach.com. $450.00 (Exhibit D) 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 E) FISCAL IMPACT: FY 2017-2018 Budget, Project Fund line item 02-58500-480 - approximately $4,105 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 Exhibits A-D D Exhibit E Exhibit A Stage Banners r, Eli 1 � MAY 8:88 pm 188E SAO Pm OVIE IN THE-PA B -------------------------------- n the MAY 18 8-8 PIS �OCTRA � - ROCKS, JUNE 15"' 8-8 Pm I � I Exhibit C Atlantic Current •'�1fV9��t4'+tial, q�� « � BONTON BEANH 6 M a , V '�, yAH HALEH TRIBUTE 80's FLASHBACK r: M1M1 �� 4 x � � ai r s � x � , \ Y -��r \ ` t MAY18 ' BkPlxt OCEAN, E FREEIEVENT BOYNTON1BEA fH �Ff3 � Y��!►!►/'� ��t�� ® �� L� \C r�i�, JID �'�= ,��/� '."��S�iw�t�� i � ,. { ROCKS, - IV f ' t�A ,F •\° f� _# �;BOYI TOWBE1 CB i -- n� L 002 TRUCKS 8O's FLAAHRACIL i' f VAN NALEN TRIBUTE 4 I b A W r. aalx � THS t 1 � 4 4 h -F 1 TH Y i RK ------------- 1 9 jOC AN AVE ��<£ � a y �f% `��,�j , ��(t �t , j, UY !� 9I�ETO�OCEaN�AVE. NN:NEAN�� '� $fill 129It ICEAN AVE �i + v 2; r -- F. �•,-.3� ��5."�t _ t+ s+s �X� �-��CE�'t�'y�+� # .�1 s,, �� z�`� t—r14.��,n `2� �h ��1$c� �,��a�n'��, +'p ,l} R3' h 129' E.Iu EANE FREE Ey Ell YNION BEaCN� } f4 Exhibit E Social Media Music on the Rocks Boynton Beach CRS, April 20a 9 51 rn 0 Thanks to THE FLYERS tarputting on a great show at k'iusicontheikocks! tt i• 1� „f AL �7'people, reached !1 [.tai r`rm E'riv r-K`4;omel .1_ Jena dtfl ug r) L?6adlt.. amal . t-,Vi s' Lilo Commem are Boynton each CRA was live ,. F'unftsh (Jf D Az! 'Hussain : April 20,at, 6 -T,2pm k1us[c on the Rocks! THE FINERS can really rip it Ofl the guffaw t { X i N . Ya ��I � I ii, I�,Ilii�GG��fitl yil�Ilill I��I�i�III�IVII��Il�illi V`II Ali III) ��I�i�gil��lll�lllilll,Il�l�l�ly�� illllllllil�ld��Ilgililul��l' 'ill'll Get More Likes,Comments and Shares Whan you t aostthis,post,you'll show it to mare peop[e. AL Yo rvideo is popular with 'vv ruxers bA. qey; the age's 75;4-3 , .,� st,+tip i' I, Ali 00 4 ,3 Sriares Like Comment hare Boynton Beach CRA. April 22at 2`52 r'i 0 I'dusic on the ocRs-The Flyers is TONIGHT in Boynton Beach at the Ocean Avenue mph theatre! Come rack out to great music, cocktails and tasty bites from Food Trudfk I v si N II+ ' 9 miii U 11 S� j l:e reached a ,, �. Lynton Bach CR.A, Irv,o-+ Ft Vk,. #IvIusi-contheRocks is tomorrow at 6 pm! Don't remiss the best happy hOUF Of the month.. i fe IAL F J p y x ski) i I P j .19 7 Pa reached pamsrd Boynton each CR.A shared ars event. Ap l ;3 at r apm Don't forget about this Friday's #Mijsa conthe. ocksl THE FLYERS w4l] be rockin outl Food Truck lnv son ars afullbar will be available to satlsf� your taste buds- t=r �� ' t':- gay• � fl f m �.. Y`f PR Music on the Rocks-The Flyers E. ILfl ed 20 E) N,, lit M� reached 11p Like om7°r ent. Lynton Beath CR , ... Live rocmusic-with THE FLYERS, and Food TFucK Invasion on Friday., April 20th at6 PM. 'OV h6s 1Werested? learn more ow.Iv GWID, 0jshL5 AL .277 pe'ook, reached 0�) Like Comment Share ii �1 ))IA slot ��9��,�•� �l 1 rl", ISI� , Boynton SeIh CRA RFS i 13 at ;I `q am �a NEXT FRIDAY! Bring the family, bring your friends, and bring your neighbors),,1,.,l Is'lcn l.hermo�ids features'. THE FLYERS Food TriUck Irivasio Cocktails Games! i � 9 e d �r�o-�4�ia4{n+�t��t�aSSSRN�it�iii� � A I Bmmton Beach CRA Lean,More IL 3,136 peo a reached, Boosted can Apr 13 Audience:Wed&atpec Florida, 18-6,5Y..Pecpl;e. . Boynton Beach CRS: Next t Frid ay, ApH 120 at 6 PM THE FL 'E , tale the stage pf Boynto n Beach] Tag a fri--rtd ea u want to bring to this FREE concert at the Ocean Avenue Amphitheatre (129 E. OceanAve.) 4I'Atus�conthe Roc 1 Ix S } f'- 293 pie pl , reached M 1 SM r Li rnment Share Boynton each CRA .. #NlUsicontheRocks features THE FLYS next Friday, April 210th at,6 'Pr f. Bring the whole family out f r a r skin time at the Ocean Avenue Arnphitheatr (129 E. Ocean Ave.).ow ryIc-YkrEr3C°joZbG, t Wts i1t�, i � kir I 4M{ IL 377 t keov-1-e. reached e' Sp& D , rokrle and ear cthi:' s S h X, Like Comment are Boynton e CRA Live music with THEE FL IERS, friends, cackt il:s, and Food Truck Invasi'On...sOunds like ar great way, to Kick off your weeKend Friday, April 4� I The Flyers at Music on the Rocks �. C, PC(DI,COM Lasmo More cnt} people, reached Boosted on Apr 0 °leve Results lip Lilo comment Shea Boymon Beach CRA A April 2at8:442M 0, THE FI_* ERS are Win g I ng foo n' rGI I to the Oceans .,fiver ue Amph!theatre Iii Boyfl to,n Beach ick oTF you r weeken d with a F R E.E concert, Food TICY Invasion and cocktaAs! lis Bmrnton Beach CRA Learn More X, Gov '01" AL p9oo-1, reached Bciosted on Apr D2 Audience, UMed Srabas,: Florida, 18- 65- People Vieed Results 0,0 jc,,an c',00 , Joe Beard aod �05 c,dhiers 9 7.-,haf-', lj�) LiComment Share Boynton Beach CRA shared a Palae Vi a?°ch z'6 T Fi Y E.R.S play live at the Ocean Avenue Amphithte tre 29 E. Ocea.n Ave), in Boynton Beach on Friday„ Apriil 20th at 6 FLIT Corne enjoy a FREE concert Food Trudk, Invasion, cocktails, and games THE FLYERS ww.theflyersmusic carr AL 2' Peurplp reaches ioe 'C' a'd Bare \r`lcki Cm. s HdI Like Comment Shure Boynton Beach CSA, ,a t°4arch 2� FLEE CONCERT ALERT- THE FLYERS are playli 'live in Boynton Beach April 16th atthe Ocean Avenue Amphitheatre(1219 E.- Ocean .Ave.). Happy t1cur starts at 6 PIA, with cocktails and a Fo&d Truck I re i n! i.. { i. 371 peopreached �aPl��j 4 d'yl €anR,zabell ai§, .', Taalvr; Ccx'em n _`1 'a (Ai ers 1 S�harL Like Comment Share Email Blast Music on the Rocks Sender property: Boynton Beech CCr.4�smith coifeyT@hh t.usr Subject: MAY EVENT S(HFDULE Boynton Beach CRA May 2oi8 Events 7' i t� �U� is n q c«s i 161 m LES' i iiii A Up I �'i Movies in the Park: The 1ncre d tiles RG-Animated,Comedy,Action This family-friendly film is about the adventures of a married couple,Mr.incredible and Elastigirl,who were forced to give u their lives as world famous crime-fighting superheroes to become ordinary civilian and parents.When the husband,Mr. Incredible, decides to secretly return to his superhero life he discovers that his entire family is in for the adventure of a Lifetime. This free event features movies projected on a large inflatable screen set on the stage of the Ocean Avenue Amphitheatre. The first 1oc bags of popcorn are FREE..Snacks and beverages will be available for purchase and a free drawing will be held at the end of the movie, winners receive gift certificates from local businesses. I rt°: 'i � ��t \3��{C �F��F ,l��F4�1F \e 14�c�?tr I`}I r�_� � li �3� � t f t` �� r,F4�}•t .S�,` p }4 �P� }f j,,. }�z�`4t Or Ak 1 � o 1 it 4 Z r11 ({gz t '��f4 r fhrsLis �G}f��SS)� n Iws Iq 6 1`0 e Genre Rock - re you ready for an electrifyingnight of rock and r lt? CompLetely unchained, the uttimate Van HaLen Tribute Band, wiLL bringing their power-packed show to the Music on the Rocks event on May, 18th. This free. famity-friendty event will feature izzli music, t nt Li inn cocktaits,. and mouth-watering bites from; Food Truck Invasion. Ca n't ivies your chance, to rock out to your favorite VAn Halen tunes! FOLLO\X/ US Questions? corta-'-". UlSltoday 561-600-S1097' t 'k [O NI i4"` 4�� r � � Y11 RA CRA BOARD MEETING OF: May 8, 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 May 2018 Movies in the Park video featured Marina Cafe, Deep Ocean Reef Bar & Grille, Colonial Gateway Animal Hospital, Driftwood, and Chip's Ahoy Charter. Five videos - $2,870.00 (Exhibit A) Neighborhood News - Working with Neighborhood News to reach out to the western Boynton communities, this marketing strategy will continue to promote downtown Boynton Beach. The May ad featured the marina marketing campaign Boynton Beach Enjoy the Costal Life highlighting the boat rental and boat membership merchants with an editorial about booking a boat rental for Memorial Day weekend. $615.00 (Exhibit B) Delray Beach Newspaper - The May issue of the Delray Newspaper, a full-page color ad featured a Mother's Day ad highlighting the local restaurants in the CRA district, 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 C) Business Development Board Profile Magazine - The CRA and City collaborated on a double-page spread ad in the Business Development Board's Profile Palm Beach County's business magazine. The ad highlights Boynton Beach's assets, along with the competitive CRA commercial grant incentives, and a quote from Tom Hayden, Director of Development LeCesse Development (500 Ocean).The Business Development Board Profile Magazine has a distribution of over 6,000 to CEOs with essential information on Palm Beach County, 1,000 Chamber of Commerce Members, 1,500 Palm Beach County Executives, 500 State and County Government offices, 21 Foreign offices of Enterprise Florida, and unlimited exposure via the BDB website. $3,600.00 (Exhibit D) 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 ad 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's 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 May ad featured a Mother's Day ad with a listing of the restaurants in the CRA district. $429.00 (Exhibit E) 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 F) 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 Exhibits A-E D Exhibit F k' i /47 t �X �t� 3 k ktt COLONIAL GATEWAY VETERINARY CENTER • BoyntonVeterinarian.com Boynton Beach, FL • 561-732-3629 =BEA7 2235 N Federal Hwy, 3'" BEACH fv i{ �� # rs ir# • w'6 g a t } I oo - } •,s 1 f aw f,- ?!L r t tl i 1 .a� CHIPS t CHIPS AHOY CHARTERS ChipsAhoyCharters.com °�'°` " °f 4► 1r1��I 728 Casa Lama Blvd',Boynton Beach, FL 561-436-1417 =BE�H C1\16a, ljili t} � \ ?t t f f tj t � {t• tt l , l tt t `+} t t =„ s ra{i,�t t)ltl fug tl,rft {ti {c SI t i{I 4� 4 } t, , 'o'stlf} 1Fl1{17� �'j�tl s�ti tjtkt t .� ee . l" . DEEP OCEAN REEF BAR &GRILL DeepOeeonReef.corn „ur; �. BOYNTC� '� 1600 N Federal Hwy; Boynton Beach, FL 561-810-6714 ,�BEACIt Exhibit B Neighborhood News u r � 1 Exhibit C ?U{�{((�{t 1hEif}1��1{rll�t#fi 3>Y �32i to sx �`t+t}s ut,t y�, Jt lits£ SI{i{s Delray News I£ 11f lS�W t � f To, 11 Alll BACIAMI CAFE FRANKIE'S FISH DEPOT BAR&GRILLE PRIMECATCH THE BOARDWALK ITALIAN 1415 S.Federal Hwy. WE.Oceaa Ave. 511 NE 41h Si.. 700 E.Ww16dgNk Rd. ICE&CREAMERY (561)810-5538 (56117323634 (561)606-5448 ISM)737,882 299 N.Federal Hwy, DEEP dCEAN REEF (561)OW9593 BAKEY`S BLENDa HURRICANEALLEY RICEFINETHAI 640 Fast Dceaa Aee. BAR&GRILL 529 E.Ocean Ave. &ASIAN FUSION TROPICAL ISLAND RESTAURANT {561)806-6464 jS61 N.0-mit F. Hwy. (5619368-4008 16105.Federal Hwy. 400 C Boynton Beach Blvd. 15615 aa06314 (561)374.7476 16611369-4205 BANANA BOAT DJ"SGRILL JAMERICAN CUISINE 739 E.Ocean Ave- 301 E.Boyaiea Beach BIW.. 470 N.Federal Hwy. SECRETGAROETI CAFE TROY'S BAR-BE-i'IUE (561)732,9400 (561}7325172 (561)3708946 416 E.RoynWn ReaCM1 Blvd, 19295.Federal Hwy. (561)752 8598 (561)740-1125 BOND&SMOLDERS DIYFROZENYOGURT JOS12ZERI STdRANTE CAFE&BAKERY 524 E.Wmdhriot Rd &PfiYERiA SUSHI JO L622 S,Federal Hwy. 16025.Federal Hep. 640 E Ocean A.. TWO GEORGES (561)877-2482 1561}733-8221 (561)364.9601 (561)737 0606 WATERFRONT GRILLE. DRIFTWOOD 728 Casa L-0 Rd. BUSSTACOS 2005 S.FederalHwy MARINACAFf SUSHI SIMON (561)736-2717 1550 N.Fed—I Hwy. (5615 7334762 100 N.E.6th SLreet 16145.Fed--Hwy. (561)577-7843 (561)424=422$ (561)731.1819 BOYNTON DINER EEOCEAN CAFE P12EIAA HAHMOE STWATEBAR 500}69d46eHw (5613 60068 (561)20D (361)536-410 (58)5092771 ® ..;"" RA CATCH - e 1 ! - Exhibit D Business Development Board Profile Magazine ® YY Y e { 4 � } �• • 1, ,�}t��tltt}� �sten c1�5 � i .�,�� j I i e t i ! et - - 1 , Exhibit E Gateway Gazette a � 1 ti{r{Nj ��It 1217)y�iF( ''i (lVlu i)j fgs n ti ilia�r�r�l{')!4\h+�I)2' F s14�1}Y��jsl II wrttaua„ an- r� p 4S rl BACIAMI CAF€FRANNIE'S FISH DEPOT BAR&GRILLE'.. PRIMECATCH THE BOARDWALK ITALIAN. 14165 415 S.Federal Hwy, 640 E.Ocean Are. 511 NE 41N St. 700E Wael6rlght Rd. ICE&CREAMERY (561)810-5536 (561(732-3834 (561)8068441 (565)737-8822 209 N.Federal Hwy. BAILEYS BLEND2 OEEPOCEAN REEF HUBRICANEALLEY (5611600-9593 BAR&GRILL RICE FlNETHAI 640 East 0—Are. 1600 N.Federal Hwy. If E.Owen Ave. &ASIAN F11510N TROPICAL ISLAND RESTAURANT (561)806-6064 15611810-6714 (561)364A008 16105.Federal N.Y. 400 E.RuMm Beach Blvd. (561)374.7476 15651368-4205 BANARA BOAT DJ'SGRILJ. JAMERICAN CUISINE 739 E.Oman Ace. 301 E.Beytltm Beach BNd- 470 N.Federal llwy. SECR'ETGARDEN CAFE TROY'S BAR-BE-gUE (S6fg732-0400 (5691732.6172 (561)370-8946 410 E.Bgneln Bea ch Bird. 59205.Federal Hwy. (561)752$598 (561)740-1125 BOND&SMOLDERS DIYFIIOZENYOGURT JGSFE'SRISTORANTE CAFE&BAKERY 524 E.Wwd6ri••"Rd. &P122ERIA SUSHI IG 1622 S.Fed—I N.Y. {5611733.8221 16025.Fetlarpl Hrry. 644 E.Omad Ave. TWOGEORGES (551}877-2462 {561)364.9601 (561)737-0606 WATERFRONT GRILLE ORIFTNIOOO T26 Casa Loma Rd. BOSSTACOS 20053.Federal Hwy MARINACAFE SUSHISIMDN (561).7362717 1550 N.Federal Hwy. {561)733.4782 LOO N.E.6th Street 10145 Federal N.Y. (561)577-7843 (561)424,4222 (561)731.1829 FASTOCEAN CAFt PIt1ERIA THAT'S AMORE BOYNTON DINER 412 E.ocean Ave. 1507 S.ATER BAR '�'�' (5 E.WealhdghY Rd. (5611200.0006 (56 N.Federal Hwy. 15075.Federal Hxy. CRA (5511364-1819 156115364100 (561)509.9277 Exhibit F Social Media #HitThe6iz Lynton Beach CRA was live PuhE shied i3� venae Py4ichedie Roberts22 lus WeTe Live at -Doi lton reach Dive Center for sm llbusM ss-veeki # itth lz jj rw Get More Likes:,Comments and Shares When you boast this post, you°lll show,it to more people. AL 429 peor"he, reached + gtr Lilo Cornment Share Boynton Beach CRA April t -312.54pm 0 Make it.a date at Baciami. -,#HftThe iz ,4rl:aly #Spag esti =rr AL I � r r - 320 peof')l�reached , Q Like Comment Share Boynton each CR.A P rec rnmend d 2 race . t. rA Aril 29- at Y 2 .,4I-jim Nothing better than That's more Pizza and Yoga,FJf yolga on Sunday! #dItrhebj7'. Jr, pFy s t - ! Ik } qFt '4 41° 121 1, �i q people r�a <<�. �t.i_ reached Oil jhaI p,°s Soynton Beach CRAwas live. e.. Vle're hive at tie Grand Opening of Creep Ocean Peet F & Grill! Come out and Alit thebizi, � lSft9 ,I 1 tr7� NN 4r#}� AN i i °,- t +s R nail et More Likes,Comments and Shares When you boost this post, you'll show k to moire people., JL Your video is popular with ivv rn,e bi-;Av.,ee the, @°d e '1_6-54 f xShares Lily cin~im e n t Shure 11 W Boynton Bei3ch CRA. April 27 a,1. 11�4,gom 0 -*TGI What are your pleas for the weekend? Don't miss Deep Oceart Reef-ar Grill GRAND OPEENING PARTY on SaturclaV, and Pizza, ars ose "'�okla It Ilan st+de' on Sunday! #'hR'tt ebIz #bovntrmeach btu .f v.,ee en #T-rl aV, FIR I 9 � �S 6 S �g; 4 k IN I �1 AL '613'16i prople reached say. W. { o@�l'is'r�;en,'ts i ".�€moia_6re 05 Like Cj Comment S h a 'Boynton Beach CRS was live. 4 ,1bE smer1 by Renee Uchelle Robegs, rlx Aprft 26 at 5.49pm 0 We're trere at The Boardwalk Il iiari Ice aC�. a iery - [Bay lti irl Beach, F Rock for Autism event! Check it out tonight until 91. 41.1 ftthembiz 1 w3 FP a? i a Get More tikes,Comments and Shares When you boost this post., yore°i'] showy R to more peopEe. JL "1{C7'kr video is popular with F, s_rs =t r lv. e, !E� ages las-3'�: Y1r144' ipi+p;i " '1 2 Co&n,lf' r r'I . C. HClare LAP Q Corilment. Share, Boynton Beach CRA,IP recommended Sailfish Cafe. AprR 26 a�N 10 Kam 0 Are you alfeady thinking about,dinner's VVe are! Visit the Sa[Ifish Cafe-,for Comfort Food,Thursday! Dishes are mailable for dine-ire of take-out. and come i n, in d NO u a I an d family-sized portion&, 4;h lfthebz 17t- 0 AL 3121 pe,ople reached (D,a,v-ne,,e Mcue, Dena Ejaika ncl 1-suswn Over Eb Like CD Camment g-> Share, Boynton Beach CRS chafed a post. .. Love pizza?That`smvrxe has an awesome special lust for yout#Ntthi rrr, �r IIS I I 1 A� 1 3 ' ,4 E€ ref l E4' 1 � r s r rt ^i1 That's Amore Get DiracCim That's Amoy s a; That.sAmare April 24 a$ 9 Sam Boynton Bjegs.n Lynton Beach CRA AA. Ever day is ice cream day in#19-ohda, Dead over,to T he BoardwalkRallan Ice eCreamery - ��xFJynton Beach, FL.today with the whole family tis njoy 5}3 1• T a=1 iz t �ilr { 4 gg Get More Likes,Comments and Shares Wlien you boost this post, you'll shoe It to more people.. People have watched this video for a total of I S um. e�-s Lie Cornment hare Boyntion Beach CIRA EnjoV S uflday dinfler w ith the whole fam!ly at Banana Boa: VVIaIerTfL-)nl Mina -#fresh-seaf L �, for H r rt',t r na 7HitTheBi 7 �s t r: i u� , its}ss � r s � Get More Likes,Comments and Shares When you boost this post you'll show It to moire peoplie.. People have watched thiis video for a total o -1129 minut"a . is 1 kih lids Nfich,--Hi F. . ac, _,c,n and 19 olhl a r^ _ V,..eirnm E its Share Like °oim ent Share Boynton Beach CRA .. %Nhen thinking of celebrating Cinco De Mayo, think Tia ana flaks east Fnyiiton. tacos air beers sounc s Cit Fiesta. #i-iyt i heBiz Talcos C;e ry e z i 49' ' f rhati'tirr��f r,— r'a� t r �r s� s r its i„U� s 1 �Y ktk i( r�01"$(I fi S)F 3 rl Jt' r� Ca1 y;rtti 1 gat 1 t art t!),: z t+yrs 1- i Y tki). A 5,91 people, reached 1, Ukp Comment Beare Boynton Beach CRA sharer] an eveft Dont forget that the Deep Ocea n Reef Ear & Gri11 is h vi ng their G RAN D P E N i N G at 4PM sett aturday! Live Msic Drinks Foodtastings � r {0 Ar R GRAND OPENING PARrf Ll 238 peogxrzv reac m= I C rr(merfll Soynton Beach CRA shared a video. r`, ril �9 a, 4,45p.m 0 The weekend as on its way! Do you have a weekend project you have been struggling to finish? Call Benchmark P5ainting & Car entp.° cif Boynton Beach,, FL. today to; see how they can help! ,�-4h IttheNz i if " I a Sench ark Painting Carpentry off Boynton, Beach, FL April a al ? 32 niF Mir Like Page AL 4 11 P e,c,r,1e rearah e,d i Iqi ii If N� �I�IPi9 Leke (:DGL),nmment Shure Boymon BeachCRA ® , April l t V-130am Are yo u already thin ki ng about dinner?' e af l Visit Me Sailfish Cafe for Comfort Food Thursday! Dis,hes are available for dine-ire or take-out, and come in individual ,and Tamily-sized portions i` 1443 V 7 IEE 7, ,7 "ll nIw El Like Cornmerit Share, i IIt6�iV�{Ii1 I iP�4 III Boynton h CRS shared ars event_ Don't rales Pies and Powe 1't46 , Italian style" with Yoga it Studios That's Amore! -.44tTheBiz r u t �w. PR P izza and Poses Yd ga ItaIIan style" Eft e,, That's AE L� r:f:k , ft, f nterested 29 AL 451 ppole, reached David `,`Ek-M,,I{,, l( Bary i/u dlee ar cl, _ others Boynton Beach CRS Happy -Ol-iu n-oda l Try Driftwood Buy nt f Beach for#HappyHour Boynton Beach —."d'TheBjz li t tY}41Y&_. t _ l`SS i1'\J J-f i I i I I AL0 8 People reached m omniertrs 4" S liarf.--,m ike Conn ent Share I IF Lynton Beach C RA shaFed ars even L, April 'Is @E' I&G82M Don't nniss The Boa-Fdwal Italian Ice & Creamer - Boynton Beach, rFL Flock for Aubsm evert next Th u rsday1 6 u APR The Boardwalk Italian lee Creamery ,.. 26 1£ik., ;2 , %,! The Boardwalk 111loan ice Cream int fest d .9 n ci '. 7'w c,N ' ao,Wa reached, Like comment,ent, Soynton Beach CSA are-d an went. ,D,ri] 17 at C 42pm 0I RAND OPENING ALEFT at Deep Ocean Regis' Ear & �0.1.11 Be neighborly and go,welcome them to#'Boyntoniq-eac l# ttT -Bi.z 1 �3,t�I11 .I d�f � �f l 7( J.S1 ail �liS aFpLgLfrCi�sk�3 PARTY. Interested '1,850 p_,€j_ _e read.[ •;�;!.,��C� Ca;"��r �.�eu�l�s.[_a��ft��=� � F It Cli?g7"":h �ti�l �,� �.d.��r"r'a -3 6.�.nrr9fl��r�th"w Like Corni-nent Boynton Beach CSA, W, Aril 17 a! 40pm 043 Need tO Sa!Sffi{ YOUf pizza craving? Cafe Fran ie at 561-732-3834 t carry out a delicious dinner for the whole fanii -� IkTt eBiz Pizza lif ja r,r ' s j tar rpt Horace -Cafe Frankie's j Italian Restaurant ome-Cafe ian Pizzeria- Boynton Beach Best Italian Pizzeria,-Bo; AL „r. ! ! r +p , � r�people reached B��VI l u!I dike Com,mam Share .. Boynton Beach CRA : . rfl f,5 M,12,. apfll Who's ire the mood fbr someth ing sweet from The Boar waw It a it a n ice Creed er _ Bovriton Beach FI +�,- ItTIie' jzs°g Bete oot'I -#SundaYFU,,gd y I 1 1, 1 Irr it )fi �1� 4 it £ �IS �� r A 3540 ppople, reached 05 i j� LiComment S har Lynton Beach CRA, Head oveT to Re nn Naim & S pa. a nd#1r 4a ourseIf to a manicufe. #HltTheBjz rrr, z r� %4' r, ,.m, ..A 260 peopl reached �€ r, I'i I lldli UI �I�''��Il�iO Uke Colmn-rent Share, Boynton Beach CSA shared a Page. April f 4 ak ';2:16pm, What are vve eating today? My stomacii sag`s Greek-- U,, VVe°II see you t: otrvlaki Fast. Beach °,,rci �rz 1- , 4�i � �P ' Like Page 31 peo-p€ re-ac ed Lie rnmeant O Share ,Boynton Beacb CRA, T,Gl F, now that the week is over Yve can gra to Hurricane Alley for bre--,%,V and burgers- #HRThe dr4r �' i �� p� AL I r� r r�, ��t ,tza ra�AA3.,,nro4�sr%?i��!t iP1�KnHa 54 7 pe,,ople reg c �ed Snares Like Comment Share ,. Post Lynton Beach CRS. Friday night is pizza night with the family! Experience Pieria TI t:s Arra re. #H!:i h i i w� nt r 1( 't Ott 7ttii Get More Likes,Comments,and Shares When you boost this post,you'l] showy it to more people. ` au.r video is popular ire FI4ir, x '41 u6. n iti Ph iti 05 Like Comment Share Boynton Beach CRA. 5. April 12 at 4.36,pnr � Sailfish Cafe is now offellrig southern comfort food from 2 pm - 5 prn on Thursdays! Chef Quinton will be offering, up his famous poria chops, e tlo f, smothered I;hicKen and much snore! , rt P � {I I o. T,x Im eDraq; ; T)IC� .�. .•ICY"', } iE+mrlhcls 11 aviol" 1 ,v ,"ht� f`s 2 "_:Im?(7 3el-i�s Ob Like Q Commen't hare Lynton Beach CRA a,,, .A F'uksherd by Azs;ni -Ime1Wsam April 12 ar. 3.40,Pm i1 ant:to go fisnigg ori the Intr c astal [th a few friends but don't have boat" j Nom 954-629-0211 at Finest Kind Sportfishing in sunny #BovnlonBe Ohl Hit. h B–iz#—i hingrr @.I_1te, LoveFl- { 14 a ;l£syr Get More Likes.,Comments and Shares When you boost.this post, youIl show lift to more people- Your r video is popular w th men besvv e,rm the a tq�s , ED 33 a An,rTe2,t,p. Duffel,,' and t cL,1J,F-,,';°; I ',e.cn 6`1ienl Lie Comment Share. , , Boynton , , ht CRA How's your new year s h e lth y lifestyle resolution going? If you're fifk most of us, probably, not well. Head over to Me Nutrition Cottage Health? Foiods today to get tack on track-—It HitThe i7z #Hea Itny Ufe i HE S itti}r 4 r t� f Get More Likes,Comments and Shares When you boast this post:, youll s,h.ow R to more people. Your video is popular in Florida Pe-,,e T '. .ip ,,nd 11 c he,Ile Pishi n F i'xr`eF Like Comment Share Lynton Beach First thus hoes buyer? Cooperative Real EstateAlliance,can help you find your dream home; call thern today 561-88,0-82881 #-HIt i e6iz Hc'-rneQPV,nerr " h Al t , f 1q t. tt t'a I� I� q .e Get More Liken Commentsand Shares When you boost this post, you'll show it to moire people. Your video is popular wR4 m-m loe,'r eer "he a �n 5-34, Lime Comment. 4"'> Share t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 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 Public Comment Log D Attachment I - Nutrition Cottage Email 'i 0 w v A -o 0 0 z 0 s �l U V ~ O O LU z � G � � G O O Q O U C O Ew a - rim N QN Q co Y 7 C O LL :E (6 CN o s o 0 0 N E W (6 A OU N +. U m LL ql r ? o r{ 3 4 y,. ¢ g 4r O � O Chi" W rr co 04 LO ,+ O } � V Nicklien, Bonnie From: NicNien' Bonnie Sent: Friday, May 04, 2OI823IPM To: NicNien' Bonnie Subect FW: Thank you! BonnieNicNien Administrative Services& Grant Manager, Boynton Beach CommunityRedeve|opmentAgency 71ON. Federal Hwy. I Boynton Beach, Florida 33435 k 561-600-9090 1 1B, 561-737-3258 �'J NicNienB@bbf|.ua http�//wvvvv.cotchboynton.com �� 191 America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to nie via en-,Iail n-,Iay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. -------- Original message ---- Prnrn: Nutrition Cottage i i [)utc: 5/4/18 12:29PM /GM7-05:00l To: "Smith-Coffey, Tracy" i Subject: Thank you! Hi Tracy, Just unote nosay thanks and how much all nfuamtNutrition Cottage Health Foods appreciatedthe recent outstanding uysiatuucc providednoua6vthe Boynton CRA! The personal visit 6vyou and Azim along with your "we can do and help" attitude plus friendliness and positive buablcaa presence was most welcomed and appreciated. In addition, Jamil was most helpful in assisting with some nfour social media efforts and the very professional filming done 6vAndrew Pnaclland l/LD, Media for Movies inthe Park was just outstanding. As u an\uD retailer who has been in huaincaa for over 40 years, the Boynton CRA'a effort and was right on in providing the oo6ruya/atuucc at the right� nc...an KEEP LD, THE GREAT WORK! Sincerely, z R. Mark Stowe, Licensed Nutritionist and Owner Karen Stowe, Owner Nutrition Cottage Health Foods 1815 S. Federal Highway Boynton Beach, Florida 33435 www.nutiitioncotta eg com 561.734.4626 2 t 'k i4"BOYN �r v H y,1 RA CRA BOARD MEETING OF: May 8, 2018 INFORMATION ONLY AGENDAITEM: 8.C. SUBJECT: Public Relations Articles Associated with the BBC RA SUMMARY: Sun Sentinel Article: This article highlights the Old High School Renovation Project and its importance to the community. Palm Beach Post Article: This article highlights the development changes coming to Boynton with the Town Square Project. CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D "Boynton New Town Hub Keeps Nod to Its History,"April 23, 2018, Sun- Sentinel D "Boynton Hopes Its $500 Million Downtown `renaissance' makes big Splash," April 3, 2018, Palm Beach Post .� ti _��`` zc�3��y�f i1 A, ._Yk L,n� -� �3n s �yi_- ' j{ ria ajr��' lr'�z2 rrkw Y-��"a { a ,%xstr�r�Sr�s�w�� {'f.'fir.•`-��z�k'�.i €.tx>�x'"� f,.. - ``;��,'��'s� �� "cyy s�r,�� u � Yrs`' 3`y:�'£,c,,,��'z��'r i, 4a.rf { t�� ',✓� 7�� raa.5 .r�`� �x F �g3-�fst. 1'rs � x 12 gq ;i tie toll 1 5� �W t Ill"" , A ,�_ 'r JI z� , � r,r�- to, a "Isto, 3 t Hotel, shops, �O apartments tit �1,s;�►�ult " 1 jBund 19 11'r'' Chard �be demolfshe tfo x alrewa fvr a peo owxxtown 'joh to reside hotel,shops,p ��d an or tt amp W heat �s�� si � The��gaffe a tour of A gyrd rc pe still hangs �m the on Boynton beach + kuc st , co stra " site to theiftiA e rags 49'feet hili the old boulevards.No*po (ce�d sty this'`' reeowingthe Boynton Beach High School - a tions,s library and pity �� ' tzxents so �� The e�cterior alre y' remnant of days goneby. 6W ABo4t WO(Yap mem e hi wears in t of stucco a nd i W The 1927 school, Bch has sat the works nearby. paint Elbe `s nest el gray col- abandoned for decades, has a big Tieertawy,be a deSUMWO for or. The two pial entrances will Future now.it'll be the hub of a$280 the public,said Thuy Shutt, ss t remairy but some;of the new win- million project called Boynton director for the Boynton teach dowshavebeeninstailed. Beach Town Square, transforming Community Redeyelophaent "We finished putting the new roof the downtown as a cultural destlna- Age "Whon you hav places for on yesterdays' said a exson I)av , tion the public, it'sAirnilOr,to oit%,life Starting in,late cult 73 b�� h e ton or rstor See �rr� bY,M,7111,1 l' r � � � o ° 0 o P fown �Z. kN� 5 e+k.�' .. Grl ro 9 lit � p G 0 ro go fm r b s' } ,T �* Ci z. t3' iD s^N }\y ! {t 4 + ut+ z ^i Al � {y fD' N„ Boynton hopes its $500 million downtown `renaissance' makes big splash Pagel of 8 d d f Boynton hopes its $500 1 & 0 2 million downtown `renaissance' makes big splash f£ Alexandra Seltzer-Palm Beach Post Staff Writer 4:45 p.m Tuesday,April 3,2018 Filed in Homepage �. 7 t ' Iff T1' 9 rr Property manager Christina Kelly(right)shows the Zen garden area at 500 Ocean in Boynton _- Beach during a tour Friday.January 19,2015.When completed,there will be a fire pit,cabanas. and a fountain.(Bruce R.Bennett/The Palm Beach Post) 4 BOYNTON BEACH— Downtown Boynton Beach V•, within a few years will no longer be an afterthought as a destination spot for t- retail, residences and a restaurants. � ?; ^ In the shadow of the vibrant downtowns of West ® AlertTodayFlorida.com Palm Beach, Delray Beach ` and Boca Raton, Palm P RVir�HDG Beach County's third largest city is getting a$500 million makeover that is expected to finally transform Boynton. mKIQJ VAR TR Chapel:Dr.Bernie Cueto,Campus Pastor Mon,Apr 9 11:00 am https://www.palmbeachpost.com/news/boynton-hopes-its-500-million-downtown-renaissan... 4/9/2018 Boynton hopes its $500 million downtown `renaissance' makes big splash Page 2 of 8 This quadrant in the city's east end is poised to grow into a walkable r 1 downtown offering more than chain restaurants and rundown buildings, G y, - Art Affair providing a reason to no longer speed down Boynton Beach Boulevard Mon,Apr 91 1:00 am off Interstate 95 without stopping. _— City Manager Lori LaVerriere called the building boom the city's Roliology Exercise class "renaissance." Mon,Apr 9 12:00 pm The first to get the transformation going is the 500 Ocean retail and residential building at Ocean Avenue and Federal Highway.To be Add Event+ VP4T R101 complete by April's end are more than 300 apartments,retail space prime for restaurants,salons and shops and parking spots in a garage and on the street. LaVerriere credits developer Tom Hayden for jump- starting the renewal. >>Take a TOUR through 500 Ocean Other key projects that will all be within a walkable distance of one another include: -Town Square,four blocks that will feature a new City Hall, library, playground,a new fire station,several parks,an amphitheater and parking garages.The historic high school will be a center for recreation and civic uses with space available to be rented out for events. -Ocean One will bring more residential and retail space with future plans for a hotel. 110 rir\ a V `(�t�rto�ltVh�« 1}ri ff{- �SS /71�Vii�tt(s i t s J WO t Sr tt r i 4t r Att�rt t ' r r r`: r' 1 Rendering of Ocean One -The Villages at East Ocean Avenue will bring more homes and commercial space. -Lastly,about one mile south is Riverwalk,a revitalization of an outdated plaza that will replace an empty Winn Dixie with a 10-story building of apartments. >>EDITORIAL: Boynton Town Square development is just the beginning All this sits between Interstate 95 and the Intracoastal Waterway,where the Boynton Harbor Marina already offers dining,water activities and high-rise living. The new developments are"creating a buzz in the community,"said Kelly Smallridge, CEO and president of the county's Business Development Board. https://www.palmbeachpost.com/news/boynton-hopes-its-500-million-downtown-renaissan... 4/9/2018 Boynton hopes its $500 million downtown `renaissance' makes big splash Page 3 of 8 And that buzz is vital—without a hub of activity it is difficult to generate interest in the city,she explains.That's something that has hung over Boynton Beach for many decades as other areas in Palm Beach County have boomed with activity. How it unfolded: Timing,price were pivotal Residents and business owners will have to deal with construction for the next couple of years, but once everything is complete,the city will be more vibrant. "The choices are stay where we are and continue to degrade,or step it up and bring in redevelopment and a new day for the city,"LaVerriere said. City officials approved 500 Ocean about four years ago. Until then, development had been in Delray Beach and Boca Raton and then "leapfrogged over us"to West Palm Beach, Boynton Commissioner Joe Casello said. Boynton's opportunity emerged through the smoke of the housing bust. "We were there and so when land prices got out of control in those areas, Boynton Beach was the best value for your dollar. It was just a matter of time before this happened,"he said. >> READ:Timeline for Town Square project Casello said while developments can cause traffic and crowding,the incoming projects are all"smart development"that will help the city's tax base. Boynton has kept the tax rate at 7.9 mills for about four years.Casello said an increased tax base will help keep that rate where it is. https://www.palmbeachpost.com/news/boynton-hopes-its-500-million-downtown-renaissan... 4/9/2018 Boynton hopes its $500 million downtown `renaissance' makes big splash Page 4 of 8 Boynton Beach building boom A small corner of Boynton Beach is the epicenter of construction surge.with multiple projects planted along short stretch of Ocean Ave.and another off wooll right Rd. The Villages at East Ocean Avenue } tewaY Dlvd, j Ocean One i i f 4 n d c t m oj(l , k S - fi � 3 r�,rf r- -a � � � {,ice ! n-� Ep � � a r Start date:Still aiannlmg End:UnCEgar NE.t514'1 Me fa }} Start date:Not Yet set Enda Unclear Mall To be built m two sections One ( Details:First phase is 231 apartments eight-story building with 335 units, } 9 and about[2,506 square feet:of retail. 12257 square feet of commercial Space ! Second phased expl toinclude a ' r andasever-start parking garage and 35 """ - i '5 hotatofat least 100 mornsand another } mukkfdmlYunitsand tpwrthomes in two residential building veGth nearly 120 jr buildings and about 3.506 square feet o4 ;- apartments.Both Phases include commercial space. : parking. 'r FAnsttuetlenSost=$Se million ` Construction cost,$4pSrni[Iran t a 500ocean B ys6on Boynton Beach Blvd, - Ocean Ave - +- 95 5E.2ral Ave, f Start date:UnderwaY End:laieAmfl Detall5:3bt apartments.parking garage and } 20.006 square feet of Commercial Apace I..� that could beshorai,Salons and restaurants Construction rest:$49.6.111 on Town Square r Riverwalk .........110 r1 `1 Wool a l,E t f Start tlate:UnderwaY F,Pi 1 �i�. Start date u d nv3Y Faltl 2019blatel r j Detalls:16 acres Opabric bold gssuch _yEz3rdAve, Detalis:lpstary btsildingpibpartmems, as a City Nall and library,a hotel.parking - renovation of oris tetaliplazaand tt gari ges.apart.en#s,dining retail and �, consbacton of another and parlor , t} wmmerclai space Plazas to Include sbi""nd"Mairams Sr cornstructiontOSV About$293 million N Construction cost;$70 1 y bet 1 ri cod p, at money 4 ue mik Robert Dibrell Residents have already made 500 Ocean their home. As of last week about 90 units were occupied. Rents range from$1,454 to$2,355,a spokeswoman for the building said. Inside the residential space is a mini-bowling alley,an arcade, poker and Foosball tables,complimentary WiFi,a private dining area,a small movie theater with a popcorn machine and plush chairs,outside zen gardens and expansive courtyards and a fitness studio. Each apartment has a washer and dryer. t,1 tSir y � i r _ 4� k tt l I f ,v https://www.palmbeachpost.com/news/boynton-hopes-its-500-million-downtown-renaissan... 4/9/2018 Boynton hopes its $500 million downtown 'renaissance' makes big splash Page 5 of 8 BZ��o��Beach City Manager Lori LaVerriere tries out the mini bowling alley at 500 Ocean in Boynton Beach during a tour on Friday,January 19,2018.(Bruce R.Bennett/The Palm Bead) Post) Some have views of the ocean. Each apartment has a balcony or if on the first level,access to walk out. >> READ: Boom and bust in Boynton—as one area thrives, another struggles High-end hair and nail salons are planned for part of the retail space. "When we looked at the site we saw Boynton Beach was under-served and after meeting with city staff we were really impressed with their vision for the city,"said Hayden,the owner. Tom Hayden of LeCesse Development Corporation talks about the features of one of the bedrooms in an apartment at 500 Ocean in Boynton Bead)Friday,January 19,2018.(Bruce R. Bennett/The Palm Bead)Post) While on a tour of the property, LaVerriere described the building and amenities as"beautiful"and said"apartment living has really changed. It's come a long way." The drawbacks:Parking,neighboring needs Among the excitement are inevitable concerns. Kim Kelly is worried about parking.She opened the Hurricane Alley restaurant on Ocean Avenue about 20 years ago and is watching the street transform.500 Ocean is across from her. Even though the developers met the city's codes for parking,she doesn't think that's enough. "I think it's great that it's finally coming to fruition,"she said of the downtown."But before that even happens,the No. 1 thing is parking, parking,parking. If you don't have the parking,then you're failed as a development." Kelly wants a parking garage built near her store that could accommodate the developments,residents and restaurants.She said asking visitors to walk about three blocks from the planned parking garages at Town Square is too far. Meanwhile,just a few blocks away the heart of Boynton lacks development and struggles financially. Commissioner Mack McCray supports the growth of the downtown, but shows his frustrations with the https://www.palmbeachpost.com/news/boynton-hopes-its-500-million-downtown-renaissan... 4/9/2018 Boynton hopes its $500 million downtown `renaissance' makes big splash Page 6 of 8 lack of improvement in this area.A Family Dollar at Seacrest and Martin Luther King Jr. boulevards about two years ago was the first commercial building to go up in at least 40 years. The Community Redevelopment Agency is working to bring business and affordable living opportunities to Martin Luther King Jr.Boulevard and Ocean Breeze East,about 4.5 acres at Seacrest Boulevard. Affordable living included in the incoming developments has been a main concern of Vice Mayor Christina Romelus. The Town Square private developers have promised to include that with some rents priced around the$1,000/month mark. "We're trying to set a precedent that you can have a nice downtown but that's also affordable and attract a variety of people of diverse incomes," Romelus said. She pointed to the statistics of median home prices compared to median incomes. In the last quarter of 2017 the median home price in Palm Beach County was$255,000,a figure that includes houses and condos, and the median income was$67,900. Romelus said the affordable housing options will provide opportunities for millennials,teachers,firefighters and those with similar occupations to work and also live in the city. �lt,tpt ,1r'�,t�1 uslil1usl � �� l �l Rendering of the new City Nall wiq)t1fe Town Square redevelopment.(Handout:City in October 2017) Town Square,a private/public partnership that officials gave the final approval to last month,will cost the city about$118 million. Boynton will use money from a$76,117,844 tax-exempt bond and pay it back over about 25 years with money from the city and the CRA.The remaining $42,214,508 will come from sources including city and utility budgets,the CRA,federal tax credits and land value prices. It will be the first time in decades that the public will be allowed to freely enter the historic high school building without wearing hazard masks. The development will bring an end to the city's leaky and outdated public buildings. The public part of the project,the buildings previously mentioned,is expected to be completed before the private part.That part includes a 120-room hotel at Seacrest and Boynton Beach boulevards with 15,000 https://www.palmbeachpost.com/news/boynton-hopes-its-500-million-downtown-renaissan... 4/9/2018 Boynton hopes its $500 million downtown `renaissance' makes big splash Page 7 of 8 square feet of retail space, 13,800 square feet of restaurant space and about 700 residential units in three buildings—up to eight,six and four stories each. "We've worked very hard to make this realistic,to take a vision and make it reality.We're actually seeing it begin to start,"LaVerriere said. YI64)'L gRP P H�rcU9 2 1kRP RnM91ffRkIW Sponsored Links by Taboola Boynton Beach,Florida:This Unbelievable,Tiny Company Is Disrupting a$200 Billion Industry EverQuote Insurance Quotes 3 Ways Your Dog Asks For Help Dr.Marty It's Like Ebay,but Everything Sells in 90 Seconds Tophatter 5 spectacular gardens in PBC you won't want to miss Your guide to bicycle&pedestrian safety throughout Palm Beach County Palm Beach County's online map to all things Arts&Culture IN �r P RkHakRP IDOP [IHDFKiRVtYTRP mRiIFV B THE ONLY PLACE YOU HAVE TO 13E IS HERE. Tony Robbins apologizes over#MeToo Oklahoma mailbag:Coaching staff sees comments talent rising up front O iNT RE`'[)pus champion$g'ate I orlando v�Rk,dJ$ v�RkiV$ https://www.palmbeachpost.com/news/boynton-hopes-its-500-million-downtown-renaissan... 4/9/2018 Boynton hopes is! $500million downtown 'renaissance' makes big splash #ae8o R �\ Tuck and Roll:How eGet More Counter Space,#z Kitchen(13 photos) https. www. . w - - - - - w w - ... t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 INFORMATION ONLY AGENDAITEM: 8.11). SUBJECT: Legacy South Florida Magazine announces "South Florida's 50 Most Powerful & Influential Black Business Leaders of 2018" featuring Board Member Mack McCray SUMMARY: Board Member Mack McCray recently received the distinguished honor of being named one of "South Florida's 50 Most Powerful & Influential Black Business Leaders of 2018." According to the publication's website, Legacy South Florida Magazine is a "news/business publication serving Florida's black professional community with insightful articles and information on business, careers, politics, lifestyle, culture and social commentary. ATTACHMENTS: Description D Attachment I - Legacy Magazine Article 4BB AN INDEPENDENT SQPPL.EMENT BY MIA MEDIA&COMMUNICATIONS CROUP TO THE SUN SENTINEL. MONDAYAPRIL 23,20? Introducing out Florida 50 Most Powerful&Infl'rubel Blar h Business Leaders of 2018 rr 1"J"'bd 1 1rk r4 J 1"A"ik—,j, J:� hl� 11 J'Ai J,,A, I d"I A J I �0— 1,,J?,,K""t...V mA "I W A, r P—0, 1 R .awn M—, 'r A2 m" �q A t KH,74N�,l VVA,,-"—L— D" ........... 2 R s -.Ianay 1101 NVIR L,"", il,,,,,,,, N,— 1h. t N'A N,!� M--,V, 18 1 Ke-r"Xq— V;—, % 'U'l eeaHN,R'N M k--0 A-49, MO— o—m&A,rmh 6dr,1 1 CAP ................ "j,",dV 111",k K "m ,,—j Vi ............ a q3qHM t, j i 111,., NM,V4"4 I t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CONSENT AGENDA AGENDAITEM: 10.A. SUBJECT: Financial Report Period Ending April 30, 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 April 30, 2018. 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� X00 H H H W U FC U U W W U] H H H Q Q z ca � 00 000 z o HCC w w CC o0 000 a H a El cn W M M M M M FC Cu FC W co H U] 6l 6l 6l 6l 6l H H Q CO C O N H F( U H H W H InInx 0 0 0 0 0 o0 000 H 0 q q a q 0 u v N 2 o II o G W H o m w II FC c4 w II cG w �o II N x a 0 II c� ry o I I o - � u ca o IIII o w II a cC o II o El wx O El U I I z u w u w N IIII E N u w w II N N �i � m IIII o - -- N N O O o II o a x o II o x w H c� cC o El o II o H IIII m w a N > x x o N z H a o H ry' ry' II N ca u z w ax O w cn Ca N IIII � � Q cw7 o IIII w � x N IIII > u w u c4 I I �n II o N IIII � Q o IIII o N u w c4 x N H ca z w cn a w x � w N H cn c4 o > H H x N a U 'Z w co O � w O z z a o N i w w N x N Z w El w w N w 0 N o N t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CONSENT AGENDA AGENDAITEM: 10.13. SUBJECT: Monthly Purchase Orders SUMMARY: Attached is the purchase order report for April 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 April 2018 Purchase Orders Boynton Beach CRA Purchase Order Report Month: April 2018 Vendor Amount Funding Source Description Purchase 115 N Federal Hwy& 501 NE 1st Lewis, Longman &Walker $3,003,000 02-58200-401 Avenue, Boynton Beach Purchase 211 NE 9th Avenue and NE 11th Lewis, Longman &Walker $ 59,500 02-58200-401 Avenue, Boynton Beach Kimley Horn $ 115,600 02-58100-203 Sara Sims Park T:\FINANCE\PURCHASE ORDER INFO FOR BOARD MEETINGS\VIIIB FINAL BACKUP-April 2018 Monthly Purchase Orders.xlsx t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CONSENT AGENDA AGENDAITEM: 10.C. SUBJECT: Approval of CRA Board Meeting Minutes - March 13, 2018 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the CRA Board Meeting Minutes March 13, 2018 ATTACHMENTS: Description D March 13, 2018 C RA Board Meeting Minutes MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH FLORIDA ON MARCH 13, 2018, AT 6:30 P.M. Present: Steven Grant, Chair Mike Simon, Executive Director Justin Katz, Vice Chair Tara Duhy, Board Counsel Joe Casello, Board Member Mack McCray, Board Member Christina Romelus, Board Member (arrived 6:36 p.m.) 1. Call to Order Chair Grant called the meeting to order at 6:33 p.m. 2. Invocation The invocation was given by Rae Whitely. 3. Roll Call 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda None. B. Adoption of Agenda Motion Board Member McCray moved to approve the agenda as presented. Board Member Casello seconded the motion that unanimously passed. 5. Legal None. 6. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 There were no disclosures made. 7. Announcements and Awards A. Movies in the Park Mercedes Coppins, Special Event Coordinator, announced the March 2nd Movies in the Park event featuring Wonder Woman had about 115 people in attendance. Survey results collected reflected 63% of the event goers live in Boynton Beach and 21% came to the City for leisure events. Thirty-two percent heard about the event through an event flyer and 24% became aware of the event through social media. The April 6th Movies in the Park at the Ocean Avenue Amphitheater will feature the Disney film Enchanted. The movie starts at 8:30 p.m. due to the recent time change and is rated PG. The film is a twist on a typical Disney fairytale. In the film, a beautiful maiden is transported from the land she calls home to the streets of modern day Manhattan and how she brings enchantment to a chaotic world. The film has an all-star cast and begins as an animated film which transitions into live action. Benches and seats are available for guests, and event goers are encouraged to bring their own blankets and chairs. A CRA trailer of five CRA District businesses will be aired prior to the film and attendees can enter a drawing to win gift certificates or vouchers to those businesses. Free popcorn is available to the first 100 people and other snacks and beverages will be available for purchase. B. Music on the Rocks Ms. Coppin advised the last event was held on February 16th featuring Reggae Souljahs. About 300 people attended which was the most attended Music on the Rocks event to- date. Based on surveys collected, 58% of the attendees live in Boynton Beach and 14% either work or spend leisure time in the City. Thirty percent heard about the event through word of mouth and 22% heard of the event through social media. Due to Blarney Bash, there will be not be a Music in the Park event in March. The next event will be on April 20, 2018, featuring The Flyers, a Delray Beach based rock band from 6 p.m. to 9 p.m. at the Ocean Avenue Amphitheater. Food Truck Invasion and a mobile bar will be available on site. C. The 4th Annual Blarney Bash The 4th Annual Blarney Bash was four days away and will be held on St. Patrick's Day on March 17th from 4 p.m. to 9 p.m. at the Ocean Avenue Amphitheater. Live music from Rogue Theory Band, Steeltown Religion, Celtic Mayhem and a dance performance by the Aranmore Academy of Irish Dance. The food court will have Irish cuisine and other food options. Craft beer will be available as would the Food Truck Invasion and a mobile bar. A variety of activities for kids included inflatables; costume contests; themed 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 characters; vendors; and much more. Further event information was available on Catch Boynton.com. A short promotional video was viewed. Board Member McCray noted the Movies in the Park flyers do not list the time. Ms. Coppin advised the time was changed from 7 p.m. to 8:30 p.m. 8. Information Only A. Marketing and Business Development Campaign B. Public Comment Log Chair Grant saw an email sent to Board Members Romelus and McCray, which he requested be forwarded to him. The text was too small to read in the meeting backup. 9. Public Comments Susan Oyer, 140 SE 27th Way, reminded all May 5th is Global Count your Birds Day. She requested the Board Members visit ebird.org which requests readers count birds they see flying or in the backyard for 10 minutes as part of the National Bird County survey they hold all year. She advised it was very interesting. The count is done all over the U.S. and some form of count is done in most countries to track what kind of birds are out there. Thomas Carney, 135 SE 5th Avenue, Delray Beach, was present for agenda item 13 D. He was unfamiliar with the process and asked if the public would be given an opportunity to speak. He was informed the public will have the opportunity to speak when the item is heard. Minister Bernard Wright, 713 NW 2nd Street, commented he wanted to speak on Agenda Item 15. DA., a CRA Advisory Board item. No one else coming forward, Public Comments was closed. 10. Consent Agenda A. Financial Report Period Ending February 28, 2018 B. Monthly Purchase Orders C. Approval of CRA Board Meeting Minutes - February 13, 2018 D. Approval of Contract with Ford Harrison, Global HR Lawyers for Human Resource Services 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 E. Approval of Commercial Rent Reimbursement Grant Program in the amount of $10,800 for Front Street Development, LLC d/b/a Marina Cafe located at 100 NE 6th Street in Marina Village F. Approval of Commercial Rent Reimbursement Grant Program in the amount of $10,800 for Farm to Cone LLC d/b/a Wakey Wakey Eggs & Bakey located at 126 W. Boynton Beach Boulevard G. Approval of Commercial Facade Grant Program in the amount of $25,000 for Beercade, LLC located at 126 W. Boynton Beach Boulevard H. Approval of Interior Build-Out Grant Program in the amount of $25,000 for Beercade, LLC located at 126 W. Boynton Beach Boulevard I. Approval of Construction Permit Grant Program for Beercade, LLC located at 126 W. Boynton Beach Boulevard 11. Pulled Consent Agenda Items None. Motion Board Member Casello moved to approve the Consent Agenda as presented. Board Member McCray seconded the motion that unanimously passed. 12. Public Hearing 13. Old Business A. Consideration of Purchase and Sale Agreement with the Boynton Beach Congregational United Church of Christ, Inc. for the property located at 115 N. Federal Highway. Mr. Simon explained this item was discussed at the February meeting. The Board voted to allow staff and Mr. Simon to negotiate with the Church within certain parameters and bring back a contract if possible. The property and associated property at 501 NE 1St Avenue was brought to the Board to discuss and negotiate a contract. Mr. Simon worked with two Church trustees, Fred Birdsall and Paul Finke. The contract has a $3 million purchase price with closing 60 days from the effective date. The sellers want to occupy the building after closing until December 15, 2018, for$10 a month and a post occupancy agreement was written. The Church would maintain the property, make any repairs needed to the structure while they occupy it and carry all necessary insurance and waiver of liabilities while being there. An appraisal conducted by Vance Real Estate services valued the property at about $2,539,000. In February, the CRA appraised all individual 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 city-owned parcels in the Town Square that would be sold to the private sector for private residential and mixed uses and using those values, staff was able to support a valuation between $2.8 or $2.9 million. The sellers, prior to negotiation, used Anderson and Carr in November 2017, who valued the property at $2.8 million. The contract was reviewed by CRA legal staff and was being presented to the Board with a 60-day feasibility period to conduct environmental and Phase I tests. All else in the contract is standard. The process described by the Church is similar to the Board's public notice when disposing of property. The Trustees have to notify the congregation three weeks prior to the meeting to give notice they would sell the property, which will be Sunday April 8th. If there were any items to discuss or any terms that need to be altered, the Trustees request the contract not be executed by the CRA until after the Congregation meets and approves it and would then bring it back to the CRA for signature. Board Member McCray asked about the total membership of the Church. Fred Birdsall, 1003 SW 6th Avenue, responded when he joined there were 200 members which, over the years, dwindled down to 40 members due to age. The facility is also too large for them to handle. They thought as a gesture, they would offer the property to the City first as they want the property to be used for the City's benefit. Board Member McCray asked if the Church secured another meeting location and learned they would find another location after the contract is executed. Board Member Romelus asked if the CRA had previously used Anderson and Carr and learned the CRA generally uses a variety of appraisers on rotation or uses in areas where they appraised before. In this instance, they contacted Anderson and Carr, but there was a potential conflict of interest as they were hired by the Church to issue a broker's opinion of value. By using another appraiser, there is no conflict of interest. Board Member Casello noted the CRA was willing to pay $500,000 more than the appraised value. He asked what the long-range plans for the property were. Mr. Simon explained the City owns the adjacent parcel on 4th and the subject property is across the street from what the Board supported with the Brightline Boynton Transit stop. The property across the street is mixed-use high and has a high-density zoning and land use which provides an excellent opportunity for further redevelopment projects of a significant size. The long-range plan would include using the property as a development opportunity incentive to an adjacent property owner or an independent development firm. Board Member Casello took issue with purchasing the property for $3 million as the CRA would then negotiate with a developer and in most cases, the Board gives the land away along with tax incentives. He questioned if it would be better if a private developer bid on the property. Then the CRA could partner with the developer and offer incentives as the Board is not in the development business. Acquiring the land would be a great deal for the developer, but he was unsure it was a good deal for the CRA. Mr. Simon responded, professionally, he has had some opinions about incentives that were offered in the past in lieu of market value in areas where the market does not 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 necessarily need incentives. Other areas may need more incentives. If the CRA purchased the property and if the Board issued an RFP, and if a developer offered to purchase the property, he would not support giving away the property for free or over incentivizing the project. The Board could set those boundaries and make those policies. Mr. Simon explained part of the analysis conducted by the Treasure Coast Regional Planning Council and All Aboard Florida for the potential train stop included identifying parking and conducting a redevelopment analysis based on what was planned for the area. At that time, 500 Ocean had submitted site plans. Ocean One was not yet contemplated, but the site was clearly a good site for parking to serve commuters and those taking the rail. In addition to parking for the rail stop, it gives the Board the opportunity to incorporate a large amount of public parking for future developments along 4t" and they could abandon 1St. Mr. Simon agreed that private developers would be interested in the property, but by the CRA owning the property, the Board could control some of the timing involved in its redevelopment. A development firm could purchase the property on speculation with no intention to develop within the next 10 years and the CRA would lose access to public parking that currently exists. Mr. Simon noted the asking price of under 20% of the appraisal is close to Anderson Carr's appraisal at $2.8 and $2.9 million. Board Member Casello explained the CRA would pay $3 million to accommodate parking. Mr. Simon responded it was not. It was to incorporate parking into a future mixed-use development and the CRA would be able to ensure, with the direction the CRA would give to the developer, that they would pay a certain amount for the property, and in turn, the CRA would receive parking. Chair Grant noted the Property Appraiser valued the church property at about $1.6 million from a tax perspective. It did not consider the other new properties underway and the Property Appraiser cannot tax on a use that does not currently exist. Mr. Simon was willing to allow the church to rent it for $10 a month. Board Member Casello asked what would be their incentives to make repairs if the building was sold. Mr. Simon responded part of the post occupancy agreement requires them to make the repairs to Code and not contact the CRA. To Mr. Simon's knowledge, the Church repaired the roof, the elevator is the only thing of any age that, if it did not work and they could not repair it for under $20,000, and they would vacate the building sooner. The building would be demolished and the land sold to a developer. The property was 1.32 acres and with the adjacent City parcel increased closer to 1.7 acres. It will be a potential multi-use facility with a train stop. If the CRA did not purchase the property, the City would be approached by a private developer to sell the property and both sides of 1St will be part of the development site. There are currently 20 parking spaces there, but the City could negotiate for a minimum of 20 spaces, sell the land for more, or pay for, at approximately $22,000 a parking space and at that time, and purchase additional space if the developer wanted to build those spaces for the City/CRA. There was no date certain for development, but Mr. Simon suggested issuing an RFP or placing a for sale sign at the property right away. He had not been in discussion with interested parties for the property and was trying not to let anyone know he was interested 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 in obtaining the property for development. He thought it was a highly appealing site to numerous developers they spoke with although it was not on the table at the time of those discussions. Other developers they spoke with about sites currently available pointed out the site as a redevelopment site and the site is identified in the CRA Plan. Board Member Romelus asked if the owner of the parcel to the east of the Church on Federal Highway was willing to negotiate acquisition of that property to assemble both sides of NE 1St Street. Mr. Simon thought so. The Bank of America site, which has the Boardwalk Ice Cream business, is owned by a development firm now. Board Member McCray asked if there was a mortgage on the property and learned it was recently paid off. Vice Chair Katz agreed with Mr. Simon it was a great opportunity and the Board had not anticipated the land becoming available. He usually favors a free market purchase, but he did not anticipate purchasing the property at the current value and giving it away with incentives such as Tax Increment Funds (TIF). As was done on recent properties, the Board could set a cap to purchase the property to limit the Board's exposure. He thought it would weaken the Board's position to enter an agreement after someone else purchased the property because the developers typically use TIF to get money for eight to 10 years and it is easier for the Board to say they will give $400,000 for the next 10 years as it is earned money in the future. He supported the conceptual idea Mr. Simon expressed. The Board could negotiate with the owner of the Boardwalk Ice Cream property and have retail on Federal as well as on the rear of the property towards the train station. The CRA will spend a great deal of money to purchase the property and give a percentage of funds to the developer, or a developer would purchase it and request that money on more of the back end of the arrangement. It was a chance for the CRA to define what the project would be and work with the developer to shape the project. He favored working within the price range of $2.9 to $3 million and assumed if the property was acquired by a developer, the CRA would give them the same amount they would give by purchasing the property and he wanted to exercise that option. Chair Grant went to the Brightline station in West Palm Beach and commented it was the same parking complex with residential on the top. The property has the prime future land use and zoning designation of mixed-use high. He thought it was foolish to wait for private development when the Board could control how development proceeds. The CRA has the parking lot next to it on the north side of 1St Avenue, which is used by other CRA businesses. He did not know what would happen if the CRA did not purchase the property, but they know what would happen if they did buy it. Board Member Casello asked Mr. Birdsall if he negotiated with a private developer and learned he gave the CRA his word he would not go into detail about selling the property to anyone else until the CRA decided what to do. He has had personal inquiries about the property from the private sector, which he was not interested in until the CRA made a decision. He personally feels, as a long-time resident, the purchase was a real bargain 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 with a difference of$10 a square foot difference in appraisal from what they want for the church property. If the CRA paid the asking price, the trustees and the Council agreed it would be a fair deal. Board Member McCray asked if there was money to buy the property and learned there was. Motion Board Member Romelus made a motion to move forward with the purchase and sale in a time certain for the Congregation to assemble and accept the offer of $3 million for the property. Vice Chair Katz seconded the motion. Board Member Casello attended a meeting and it was mentioned the land for the Town Square, per acre was worth $1.5 million. Mr. Simon explained that was not the amount in the appraisal that was done for the City. The City Commission agreed to accept $1.2 million offered by the developer in exchange for monies to construct a garage. The amount they gave was the average price because the south block of the property was much different from the north lot. The land for the hotel was $1.75 million and it did not include a building. Mr. Simon explained they talked about staging and parking for the Town Square construction workers and where to hold an event for future activities. Owning this property offered many opportunities to control development. Board Member McCray suggested having a starting price and ending price to negotiate with be included in the motion. Vote The motion passed 4-1. (Board Member Casello dissenting.) B. Consideration of Request for Reimbursement for FICE Design, Inc's Commercial Interior Build-Out Grant Program Mr. Simon explained in September, the Board approved a reimbursement grant for a Commercial Development Interior Build-Out Grant for FICE Design Inc. The work FICE Design has done to obtain a temporary certificate of occupancy was not enough given changes in the fire suppression codes during the time the project, which is in the Casa Costa building, took place. The City reviewed the property and is trying to bring the system up to date, which affected the location's occupant, which is FICE design. In order to continue under the grant guidelines, a time extension for the applicant to be eligible for reimbursement is needed. The applicant is seeking a Certificate of Occupancy which is when they can request reimbursement. They believe they can obtain the Certificate of Occupancy by April 30th, but Board approval an extension for the award. Motion 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 Board Member McCray moved to approve an extension by the first meeting in May. Board Member Casello seconded the motion that unanimously passed. C. Discussion and Consideration of Payoff of CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA Mr. Simon explained at the February 13th CRA meeting, the Board supported a request to subordinate a CRA second mortgage of $47,000 which equated to the initial amount given through the Housing Assistance Program (HAP). At the end of the meeting, Ms. Noggins Wilson approached the Board with a request to negotiate a reduction in the amount of the CRA second mortgage to an amount to be brought back to the CRA. The request does not change the Board's original motion of subordination of a refinance. Lesendra Hoggins Wilson, 508 NW 12th Avenue, wanted to discuss an option suggested by her bank, which she presented to the Board via email. She also included a copy of the 1003 application showing the amount she would get back, what would be paid off in the refinance and what she would have available. Ms. Hoggins Wilson explained her refinance included everything and she would get back $8,000 of which she offered to give the CRA $5,000. The total amount to get out was between $10,000 and $12,000. She advised she received a letter from the Florida's Hardest Hit program indicating as of April 1St, she will have a third lien for $3,500 after the program conducted a title search. She would receive no funds from a refinance, but she wanted to still move forward. Ms. Noggins Wilson explained the Hardest Hit program assists the homeowner when their pay decreases by 10%, a homeowner loses theirjob or has their hours reduced, by paying the mortgage for a specific period of time and the homeowner does not have to make the payments. The program also imposes a silent lien on the property which is forgiven after so many years. This occurred in 2007 or 2003. So far she was been forgiven $7,000 or $8,000. She spoke to them earlier in the day requesting an actual payoff amount and she should have something by Friday. Board Member McCray requested confirmation Ms. Hoggins Wilson would clear $8,000. Ms. Noggins Wilson responded if all went though and they waited until April 1St regarding the third lien of $3,500 because the loan is forgiven each year on March 31St, therefore she could only close on or after April 1St, otherwise she would owe them $7,000. He asked about the Board accepting $4,000 and Ms. Hoggins Wilson receiving $4,000. She did not know if the opportunity would come again. She explained even though the documents show the obligation is a silent second, they are still counting the $23,500 as debt going against her loan to value. It would not matter if she paid the CRA off or not, they would still count the amount as debt. She explained if she has something in writing stating she was going to pay the CRA debt off, she would be relieved of$23,500. It does not change how much money she would receive, it only allows her to pay the loan back to the bank. 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 Board Member Casello recalled the home was not Ms. Noggins Wilson's primary residence and she was improving the home to rent. Ms. Hoggins Wilson responded the goal was to refinance the property, get money out to improve the home, which would total about $8,000; however, being that was not what she would receive, she will have to wait longer to put the house on the market. Board Member Caseilo summarized the HAP program gave her $47,000 six years ago, they approved allowing her to refinance and at the last meeting approved Ms. Hoggins Wilson renting the property if desired. Ms. Noggins Wilson agreed. She was now before the Board offering $5,000 on the $23,500, which is left. Ms. Noggins Wilson explained she signed on the house in 2005. Prior to that, the CRA HAP program forgave the loan at 10% each year depending on the loan amount and after 10 years, it was paid. The year she signed for her home, because it took two years to build, she signed a different contract, and the home was no longer paid off in 10 years. She was forgiven in tiers and she is at the 50% tier because she was in the home for 10 years. Mr. Simon explained there is no forgiving the $47,000. The Board negotiated an amendment at the last meeting to allow Ms. Hoggins Wilson to rent the building and the Board would accept no more than the $47,000 if she sold the property. The 50% split was a split on the equity earned after the $47,000 and her first mortgage would be paid. She owes the CRA $47,000. She is offering $5,000. Over the course of the HAP, there were various iterations of the grant. Some offered a 10-year reduction per year. Others had a 30-year reduction in tiers. Some grants stayed full to the end and some reduced over 20 years at every five or 10 year block. The amount in question was $47,000. Ms. Noggins Wilson agreed. Board Member McCray requested confirmation Ms. Hoggins Wilson was requesting to move from the location due to crime in the area. She still wants to offer something. He thought the Board should be lenient and forgive the loan. Mr. Simon clarified for Vice Chair Katz if the Board agrees to the request, the payoff to the CRA at closing of her refinance would be $5,000 and the Board would have to execute a satisfaction, which would resolve her relationship with the CRA. Vice Chair Katz noted the Board already made several accommodations to the original agreement. If the Board was going to reduce the amount to $5,000, they may as well reduce it to zero. The CRA sympathized with the situation, but when the item was heard, there was concern it would set a precedent. He thought by reducing the loan by $42,000 after they amended the agreement to allow her to vacate the property and use it for income, they would wind up giving everything away that recipients ask for. Board Member Romelus inquired when the amount would be paid off and about the protocol to do so. Mr. Simon explained if she sold the property the next day for her first mortgage amount of$64,000 and the$47,000, totaling just over$100,000, the CRA would receive the $47,000 and the first mortgage would be paid off. Any amount over that 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 would go to Ms. Hoggins. She asked if the funds would be recouped only at the time of sale. Chair Grant noted section 6 specified she could sell to another income-qualified buyer. The grants or share in the equity can never exceed $47,000. He did not think the Board was double dipping requesting the $47,000. Ms. Hoggins Wilson clarified those provisions applied if she sold the home. The contract was written so people would stay in the neighborhood and be able to afford houses in the Heart of Boynton. If she sold the house, the CRA would get a portion of the sale up to $47,000. Chair Grant commented if she refinances the house, the CRA is entitled to 4% interest plus the full $47,000. The new amendment specified the monies would be due if she sold or refinanced the home. Vice Chair Katz asked if it was her intention to rent the house and learned it was. Chair Grant noted the amendment language indicated it would apply if she refinanced or sold the home. Chair Grant was fine with refinancing and the Board receiving 50% of the equity. Ms. Noggins Wilson commented the refinance subordination was already agreed on. She was offering to be bought out of the contract. At the point in time when the suggestion was made, she did not know what it meant as she appeared for a different reason. Now that she has all her documents and she knows what she could offer, she was told to come up with a figure, which was what she was presenting. She cannot move forward unless $23,500 is paid and she has not refinanced the home. Any refinance would be subordinated, but the home would be considered paid off. She was attempting to refinance the property with conditions and the bank performed an appraisal as did the CRA. Further lengthy dialogue ensued about Ms. Hoggins Wilson's options and the contract wording. Mr. Simon explained the offer to the Board of $5,000 is unacceptable. If her offer was accepted and if they were negotiating a higher number that was agreed on, until they vote, there is a negotiation stalemate. She asked if the Board would counter her offer. Chair Grant said 50% of equity not to exceed $47,000 was the counter offer. Board Member Romelus asked what the equity in the home was. The house appraised at $177,000. The first mortgage is $64,916. There was $113,000 in equity and the only other encumbrance was only if she had a refinance cash out, which would not affect what was before the Board. Fifty-six thousand dollars would be 50% of the equity and the amount the Board would take was still $47,000. Board Member Romelus commented Ms. Noggins Wilson was asking if the Board was willing to accept an amount below $47,000, if the Board was willing to entertain the discussion, which Board Member Romelus commented she was. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 Motion Board Member Romelus would be comfortable with $15,000 for the $47,000 they gave since the new contract changed the forgiveness rate. Board Member Casello wanted to see the official appraisal before he voted. The appraisal was attached to the agenda from the prior meeting. Board Member Casello asked if the Board could table the item until they come up with a percentage. Vice Chair Katz agreed. Motion Board Member Casello moved to table the item for further discussion. Vice Chair Katz seconded the motion that passed 3-2 (Board Members Romelus and McCray dissenting.) The item was tabled to the next meeting. The members will receive all the information from Mr. Simon at their one—on-one meetings regarding the amendment, original contract, the appraisal, and how to help. Board Member Romelus agreed the information should be discussed at their individual meetings as she had no information and wants to move forward. C. Project Update 211 E. Ocean Avenue At the last meeting, the Board considered, due to a lack of activity, issuing a Notice of Default and Demand Letter to have the deed for the property returned to the CRA under the terms of the reverter agreement. The letter was issued, however, 30 days has not passed so no action needs to be taken at this time. There will be a special meeting held March 20th and the Board could take further action to effectuate the clause then. As a result of the letter, Tom Carney contacted Attorney Duhy and Attorney Ken Dodge and Mr. Simon to explain their feelings they are not in breach of agreement. They explained they cannot change course on behalf of the Board and in order to stop the reverter process, they would have to appear. They are present at the meeting and they had advised they were prosecuting their application with due diligence. Tom Carney, 15 SE 5th Avenue in Delray Beach, Attorney for Florida Shovel Ready Project, was present due to the letter regarding the reverter clause for 211 E. Ocean property. He thought there was a lot of confusion as they have been proceeding diligently and already have $400,000 invested in the project. Steve Labov from Shovel Ready will explain the process. Steven Hankin, Counsel in New Jersey and the proposed operator of the restaurant, Tim Gagliano, owner of Osteria Salina in Delray, were present. Steve Labov, CEO of Shovel Ready Managing Member, 630 N. 3rd Street, Philadelphia also having an office in Delray Beach, explained he believes they have been diligently proceeding with the project. They submitted a building permit in accordance with their agreement. Subsequently, questions came back, which they answered. New questions were raised which were also answered. Between each of those questions, additions were 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 made to satisfy the questions. They submitted what they thought was their final request, to obtain a permit, and in accordance with their agreement, would have already been in the ground. The new questions that were raised, questioned the basic design of the existing building and what they were doing. Those questions had never been raised in the other two sets of questions. As a businessman, he then had to decide if they would take out the entire floor of the building or redo the entire structure in order to house a set number of people. He started to look for a new operator for the building that could operate in the same building footprint, that could be successful with fewer occupants indoors and found Mr. Gagliano; who runs one of the best establishments in South Florida. They will have to redesign and resubmit to the Building Department information on the number of people that the existing structure can hold. A significant amount of work has been done, but he needs 30 to 60 days more to submit information regarding a 40-person occupancy building the structure will hold. The contractor will be in the ground in 60 days after that and within 240 days thereafter, they will open the building with a certificate of occupancy as per the agreement. Mr. Labov understood the agreement contained a date certain to get to a building permit. He hired local architects and engineers and would have had no way of knowing the amount of time to get a permit from the submission. He contended it was not because of him. He requested more time and will produce a building permit and a contract with an owner. Chair Grant explained Mr. Labov provided a lot of information and did not know if he had all the dates. The Board heard Shovel Ready submitted the first permit, got comments and waited five or six months to resubmit over the summer. The Building Department submitted further questions and the developer waited three or four months. The Board sent a letter in December, and this was the second time the Board heard from them since December. Chair Grant asked if they submitted anything to the Building Department since December. Mr. Labov did not know about dates. He spoke with the architect who said he had many meetings with the Building Department, but he was not present. Chair Grant explained the Board had no information about specific dates or answers that the architect was working because there was nothing filed. Mr. Carney did not proceed with the final set of questions because it would not have allowed him to complete the job it if he had to strip the interior down to the substructure within the time-frame and it would add months to complete the structure. He did not think they were outside the framework of the agreement. He advised he intends to complete the project. He has an operator and that was why Mr. Gagliano was present. Chair Grant wanted something in writing as the developer indicated they would have something filed with the Building Department within 30 to 60 days and they will continuously move forward. Mr. Labov responded he does not write the answers to the Building Department comments. A local licensed architect has been doing so. He answered questions, more questions were received and then there were new questions. Attorney Duhy clarified the CRA is not the permitting body for the City. The Board may not understand the comments going back and forth or do the permitting on a daily basis. It would be helpful to staff to provide the information to them more regularly so they could 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 update the Board. This Board does not have access to all of that information which is where the Board was coming from. Board Member Casello explained he asked the Building Official, Andrew Mack to provide the timeline regarding documentation of permits, communications and all to ascertain the facts. Andrew Mack, Director of Development, gave the following timeline: • The developer originally submitted for a permit on December 5, 2016; • The City had the plans in their possession for about 41 days or about 8 weeks; • The City contacted the contractor on January 30th and the plans were in the contractor's possession for 51 days; • Corrections were submitted to the Building Department on April 10, 2017; • The Building Department reviewed the plans for 19 days and called the contractor on May 4th; The contractor had the plans for 24 weeks and submitted the plans to the Building Department on October 24th; • Staff turned the plans around in16 days or three weeks and called for comments) on November 14th; • There have been no resubmittals to the Building Department; and • There were subsequent discussions with the architect who came in to discuss the last comments regarding structural modifications. Mr. Carney did not have the architect or contractor present and advised he was prepared to move forward. Board Member Casello asserted the developer has not shown he was moving forward. He had plans for 24 weeks without any communication. The whole concept when the building was sold was to inspire development in the area. Since they have owned the property, they have not proceeded and were sitting on the property as an investment, which the Board could have done. The Board wanted development in the area and the concept was to secure a restaurant. They did not. They were going to build it and then secure the occupant, which they did not do. He noted the developer could go back and forth and maybe the contractor and the architect should have been present. He noted Jim Williams is a good architect and he does not usually drop the ball. He asserted the developers were dragging their feet and dropped the ball and now wanted to extend the timeline. Mr. Labov asked for 30 to 60 days to revise the interior to meet the current code for the structure during which time, he will produce a contract with their operator. They will have a building permit and as soon as the permit is back, he will be in the ground. Board Member McCray announced he would support a two-month extension, but nothing further. 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 Motion Board Member McCray so moved for a 60-day (extension). Board Member Romelus seconded the motion. Vice Chair Katz agreed with Board Member McCray subject to an addendum saying they waive their right to contest the reversion of the property if they do not fulfill their 60-day obligation. The CRA is within its legal right to proceed and he did not want to grant an extension and have the same event occur. He was prepared to have legal structure an agreement to know what has to happen in 60 days. He advised he would agree as long as there is contract language they both accept. Board Member Casello asked if Mr. Labov could bring back a contract for the occupant and learned the developer could as he was part of the building's kitchen design team and they could negotiate it within two weeks. Stephen Hankin, 1109 Nassau Street, Delray Beach, a New Jersey attorney, but a member of his firm is a Florida attorney advised she will prepare a contact with Shovel Ready and Mr. Gagliano within two weeks. The property had not been held up due to any investment in it and he ensured the Board they will do what they say. Chair Grant recommended removing the For Sale or Lease sign at the building since they have an operator and they will provide the contract with the operator within seven days. Attorney Duhy requested clarification the Board was requesting an executed contract between Shovel Ready and the restaurant operator within seven days. Chair Grant explained this was included with Board Member McCray's motion to give a 60-day extension for the permit to be issued. Mr. Hankin commented it was with the understanding the developer gets the plans back within a fair amount of time which that should be defined. He did not want to wait 19 or 27 days to get the project documents back from the Building Department. Mr. Hankin advised the documents were sent to the contractor, which was the City's protocol, but their contractor did not tell them. Mr. Mack explained the Building Department will make every effort to turn the plans around. The Department is currently turning around plans in about 19 days, but they will expedite. As soon as they submit their plans, they should contact Mr. Mack and he will walk it through in two or three days as they have done this for Casa Costa. Attorney Duhy explained because the agreement is between the CRA and Shovel Ready, the Board cannot bind the City, but in the agreement, the CRA would do everything it could to encourage the City to expedite the plans. Mr. Hankin advised the project is something Shovel Ready really wants to do. Attorney Duhy advised she will negotiate an agreement and bring it to the next Board meeting in April noting today starts the 60 days. She will communicate with Mr. Carney. Vote Board Member Casello seconded the motion that unanimously passed. 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 Mr. Carney commented he had not been receiving notice of the issues with the contractor and he requested he be copied on all correspondence. If there were defaults per the contract, all notices were to go not only to Shovel Ready, but to him as well. As soon as he received the notice of default, he contacted all in five minutes. Attorney Carney advised he received the notice September 20th and responded quickly. D. Project Update for 480 E. Ocean Avenue Mr. Simon updated the Board the owner received their Certificate of Occupancy and no longer needed to appear. The Certificate was obtained on March 8th, the contract is executed and staff expressed its desire to see food served there soon. 14. New Business A. Consideration of the Contract for the 2018 Pirate Fest and Mermaid Splash Management Firm, Standing Ovations, LLC Chair Grant asked if this was the same company used last year and learned it was, but the cost was different. Mercedes Coppin explained they are starting preparations for the next Pirate Fest and they recommended entering into an agreement with Standing Ovations, LLC, as the professional event management firm to assist with the planning and execution. They used the firm last year, and while contracted, they exceeded all expectations and exhibited a high level of professionalism in all areas including assisting staff with planning, coordinating and executing the event. Standing Ovations sent a proposal for a flat rate of$42,500, up $6,500 from last year. Staff requested they provide additional staff personal on site and for the planning. The contract submitted for approval has had revisions per Standing Ovations and a revised copy was given to each board member to review. Attorney Duhy advised legal reviewed and agreed to the contract changes, which were wording changes and not substantive. Chair Grant asked where the event would be held and was apprised it would be on E. Ocean Avenue, just east of 1St Street to Federal and expand it across 4th Street as well as into the parking lot. The extra $6,500 would be used for additional staff personnel on site for the event and additional vendor relations staff. A total of three individuals would be added. There was only one person last year and it was not enough as they would like one for each section. They also needed additional set up and break down personnel to assist and additional stage management to ensure all flowed smoothly based on negative comments from last year. Motion Board Member McCray moved to approve. Board Member Casello seconded the motion that unanimously passed. 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 B. Consideration of Purchase for the Property Located at 521 N. Federal Highway Mr. Simon explained this property is approximately 200 feet south of the CRA office on Federal Highway. The property was acquired by a prior owner when they had the Back Yard who envisioned expanding into other buildings on the block. The CRA learned of the property through a tax deed search, which was scheduled to be auctioned on April 11th. Staff needs the Board's approval to try to acquire the property in the auction. The appraisal was $131,600. As of January 31St, there was a clear title search. The CRA Advisory Board recommended purchasing the property, not to exceed 20% above appraised value or $157,920. Given the location of the property and its size, the Board should consider limiting the maximum price at the appraised value and not go above it. Board Member Casello recalled Mr. Simon anticipated a price of$18,000 or$19,000. Mr. Simon explained the opening bid is set at the last tax deed amount that the property is delinquent which was just under $17,000. He hoped this acquisition would be as successful as the prior one. The amount he mentioned to Board Member Casello was the minimum cost and the CRA would bid against other individuals who may be interested in the property. The CRA needs to set a maximum price that staff would stop the negotiation. Board Member Casello asked how the property fit in the CRA Plan and advised it is another commercial property. Staff would issue a Request for Proposal (RFP) and sell or in the short term, it could be a Neighborhood Officer Program if the current site continues to deteriorate. Staff's request was to search the tax deed sale list and bring back properties that fit the CRA plan and geographic area. The property fronts on Federal Highway. Board- Member Casello explained the CRA cannot buy every property and unless the property was essential to a master plan or an adjoining property, he did not see a reason to go out on a limb although he would support the acquisition if the land could be purchased for $19,000. He did not want to pay more than $25,000. Mr. Simon did not want to pay anywhere near the appraised value. The CRA is a development company that looks for opportunity purchases and good value. Board Member Casello explained the Board uses taxpayer dollars. Board Member Romelus learned where the property was located. Mr. Simon did not know the condition of the building as the building was vacant. Board Members Romelus and McCray did not want to entertain placing the Neighborhood Officer program relocating there. Chair Grant reviewed the property appraiser's website and noted it appraised at$161,000 and the property fronts Federal Highway. The purchase history reflected the former owner obtained this property and the property to the west for$200,000 in 2013. He did not think a purchase price of $130,000 was appropriate, but he favored a bid range of $75,000 to $100,000. Anyone who wanted to pay more than that would probably already have plans to develop. 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 Linda Cross, 625 Casa Loma Boulevard, Unit 601 explained the main purpose of the CRA in the Code is elimination of slum and blight, economic development, and affordable and workforce housing. A primary objective is to purchase property, not necessarily for grants or services and she pointed out purchasing the property is within the CRA's mission and is a proper use of taxpayer money. She did not see any reason why the Board could not bid up to the appraised value, which the CRA Board thought was $131,000. The Advisory Board thought it was a better use of CRA funds to purchase property to land bank and use for redevelopment in the CRA District. Motion Board Member Romelus moved to allow a cap of $100,000 to purchase the property.. Board Member Casello seconded the motion that unanimously passed. C. Consideration of the Revised CRA Human Resource Policies and Procedures Manual Mr. Simon explained this item was discussed last month. The suggested changes were mainly to adjust and add language to include the Family Medical Leave Act for long-term illnesses or the care of a family member and to include the law firm of Ford Harrison to act as the Human Resource designee if a formal complaint should be filed against staff. Those were the only changes. Chair Grant asked about paid maternity leave and learned the employee can use their accrued vacation or sick time, but their jobs would still be secure after 12 weeks. It was noted it was not a legal requirement for maternity leave to be paid. If the CRA wanted to offer it, it would have to be a budgeted item as well. Chair Grant thought a one weeks paid maternity/paternity leave is within the budget. He hoped along with FMLA, the attorneys could move something in the right direction regarding family care and help foster a better society resulting in better human beings. Board Member McCray requested a copy of policy detailing the changes in red so he will know what changed. Board Member McCray wanted the City's policy and the CRA policy to be uniform. There was agreement they could discuss the further discussed FMLA changes during the budget. Motion Board Member Casello moved to approve. Board Member McCray seconded the motion that unanimously passed. D. Consideration of Transfer of CRA owned lots to the City for the Model Block Project Mr. Simon explained the Board had previously discussed trying to clean up ownership between CRA and City-owned lots. This item arose during a meeting with Kimley Horn and Associates, City Utilities and Development staff as they are trying to move forward with an official replat of the lots. Staff was trying to separate odd shaped lots and create 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 additional lots. In order to go through the official plat process, the City, as the owner of the plat, needs to be identified as the owner. Staff requested approval to transfer the lots to the City for use in the Model Block only. Motion Board Member Romelus moved to approve. Board Member McCray seconded the motion that unanimously passed. E. Continuation of Interim Uses for Cottage District Project Site Chair Grant commented he walks his dog along 1St Street and NE 5th Avenue all the time and noted the corner was disgusting. He had asked the City for a trash can and it constantly gets blown away and trash is littered throughout the entire property. It is an eyesore and the CRA is responsible for it. He noted the CRA is spending a lot of money for Sara Sims. The west side of Seacrest has the Carolyn Sims, Denson Park and Ezell Hester Park. There was one linear park on NE 13th Avenue next to the railroad tracks and he walks by many kids playing in the street with nothing to do. He commented there is a huge vacant lot the CRA owns. He wanted to work with KaBoom, a non-profit organization, to help build a park for the kids in the northeast community in Boynton Beach. He commented the CRA did not apportion anything for the existing community with the Ocean Breeze East site, so the new pool and center will not be used by the existing community. He requested using one home site on the northeast corner to be made into a park. He commented students also are picked up and dropped off for school at that corner. He wanted to investigate investing money there, and not necessarily a lot of money, because they would be using a non-profit organization to help pay for most of the park. He thought once started, the residents would support it. Board Member McCray asked if the CRA would be locked in for years if KaBoom installed a playground. He pointed out they want to use the land for the Cottage District. Chair Grant responded they would have to ask KaBoom if they could land swap the park at a later time. Chair Grant was looking for consensus to request information and to ensure a portion of the property would be used by the surrounding community. Motion Board Member McCray moved to approve for consensus and in the meantime, Chair Grant could bring information back to the Board. Board Member Romelus agreed as there may be a shared cost. The Board would be adding another park to the City's Recreation and Park Department to maintain and she was unsure if KaBoom would maintain the park in perpetuity. She favored receiving the information prior to voting. Board Member Casello also wanted input from the Recreation and Parks Department as there are 28 or 29 parks and there is a maintenance issue. He also would like to see the property used for workforce/affordable housing via the bid process. He commented the land was earmarked for the Cottage District, but thought they 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 could rethink their idea of using it for a Cottage District. With the right RFP, they may be able to get development and perhaps at that time, a park could be included. Vice Chair Katz recalled prior discussion about issuing an RFP for the Cottage District and commented if the Board was suggesting one should be issued, he would support doing so. Chair Grant announced the RFP for the Cottage District was tabled in November. Vice Chair Katz commented he would be leery of any permanent structures. Chair Grant noted there was also no fence on site and he questioned if the CRA would be liable if neighborhood youth played and tripped and fell. Attorney Duhy explained there are different legal theories and there is no simple answer. Chair Grant commented there was a motion to remove item 16C from the table and asked if there was consensus to put the item on the next month's agenda and also look into a park for the community including obtaining Recreation and Parks input. There was consensus. F. Consideration of an Interlocal Agreement between the Boynton Beach CRA and Solid Waste Authority of Palm Beach County (Chair Grant left dais at 8:47 p.m.) Thuy Shutt, Assistant CRA Director, explained the CRA submitted a grant application to the Solid Waste Authority in November for the demolition of a structure located at 1110 N Federal Highway; cost sharing for the roof replacement for the Woman's Club; landscape replacement for the open space at the Marina and at the Woman's Club as a result of Hurricane Irma. The staff report details the cost of each item. Staff was requesting permission for Mr. Simon to execute the agreement as staff wants to demolish the property as soon as possible and implement the roof replacement at the Woman's Club and the landscape replacements. Motion Board Member Romelus moved to approve. Board Member McCray seconded the motion that passed 4-0 (Chair Grant not present for the vote.) It was noted, last year, the City and CRA were co-applicants. This year the CRA submitted the grant on its own. (Chair Grant returned to the dais at 8:49 p.m.) 15. CRA Advisory Board A. CRA Advisory Board Agenda - March 1, 2018 B. CRA Advisory Board Meeting Minutes - March 1, 2018 C. Pending Assignments 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 1. None D. Reports on Pending Assignments from CRA Board Meeting February 13, 2018: 1. Discussion Regarding Redevelopment for 1110 N. Federal Highway Mr. Simon explained the Board previously decided to stay the demolition of the property at 1110 N. Federal Highway until learning the result of the SWA grant, which was approved. The CRA Advisory Board had recommended moving forward with short-term demolition of the existing structure, cleaning the lot per Code and making minor aesthetic improvements through vegetation and not pursuing physical redevelopment of the property to allow staff to continue negotiating with various owners to assemble adjacent properties. No action was needed on this item. 2. Consideration of Pathways to Prosperity's Grant Agreement for the Boynton Beach CRA Non-Profit Organization Grant Program Ms. Shutt advised in February, the Board approved a grant for $32,077 to support Pathways to Prosperity's (P2P) Business incubator program. Twenty-five thousand dollars is for the salary of the staff who would be responsible for the program administering the grant and the remaining $7,077 would cover direct program expenses. Kimberly Bush, P2P, submitted the revised budget for $7,077, which needed to be reviewed further. Ms. Shutt advised she would like to work with Ms. Bush to ensure funds go to the candidates participating in the program. She would also like to work with her on outreach efforts to attract as many candidates in the Boynton CRA area, if there are any experts she would like to bring to the sessions that would benefit the participants or on collateral or marketing material tied directly to the program. Attachment 1 in the staff report was reviewed by the CRA Advisory Board to review measureabie outcomes and language in the agreement that would ensure the program aligns with the CRA Grant program and a quarterly review for reimbursement occurs as the grant is a reimbursable grant. The CRA Advisory Board had recommended changes that were red lined in paragraph C.2 of attachment 1. She read the following change: "If P2P is unable to recruit or maintain a minimum of three of the Circles Incubator clients, who reside in or intend to open independent businesses within the CRA area by June 30, 2018, the CRA Board may reconsider the amount to be reimbursed upon review of P2P's Quarterly Report and applicable documents at its next available regular meeting." Ms. Shutt advised the review would occur in July so the Board could view P2P's progress and offer any adjustment to the reimbursement. Approximately $16,000 would be paid if all the documentation to support the grant is obtained. If not, the Board has the authority 21 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 to adjust the reimbursement for that period for any expenditures from the time of grant execution through to June 30tH Ms. Bush was fine with the changes. Chair Grant looked forward to learning the results. Motion Board Member McCray moved to approve. Board Member Romelus seconded the motion that unanimously passed. 3. Consideration of the Guidelines and Application for the Boynton Beach CRA Non-Profit Organization Grant Funding Program Ms. Shutt explained the Board approved the grant program last fall. Since then, P2P was the only applicant that submitted an application by the deadline. At the February meeting, the Board wanted the CRA Advisory Board to review the program and make improvements, including the makeup of the grant evaluation committee and any other adjustments needed. The Advisory Board reviewed the program and voted to recommend the program remain the status quo without any additions to the evaluation committee and the Board reconsider reissuance for just the economic development business category within 30 days. If the Board opted not to, they could roll the funds over to the next fiscal year or add other categories under the grant program. The four categories, which were removal of slum and blight, economic business development, affordable and workforce housing, and recreation and cultural facilities. The recommendation was to release the program for the Economic Development category. There was $92,923 dollars available in the line item for fiscal year 2017/2018. Chair Grant inquired if they could request funds from the Recreational and Cultural Facilities category if KaBoom wanted to build a playground and learned they could as long as they meet the all the criteria. Board Member Casello asked what businesses contemplated applying. Ms. Shutt explained after the closing deadline, some non-profits wanted to apply. The category of Economic Development was for job creation and entrepreneurship opportunities. One inquiry was to train individuals to pick up trash and debris in underserved areas in the CRA District. Ms. Shutt informed them the funding was more for incubators or job creation, but they could ask the Board to allocate funds to eliminate slum and blight. Even though their goals and missions are worthy, staff has to ensure the intent is met for each category and it align with the CRA Plan. Board Member Casello asked if the same committee members who are on the screening committee will evaluate the measurables and learned they were. The committee will remain as is and consisting of staff with non- profit, finance, grant administration/writing experience and redevelopment experience. There is. 30 plus years of experience. Another group discussed landscaping and maintenance, but their goal was to be a CRA vendor and bid for projects. They do provide jobs, hire locally and train individuals in the landscape maintenance business, but they would not meet the intent of the grant. Another group was Hack Lab, which was for an apprenticeship program they were approved for from the Department of Labor. They are 22 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 not located in the CRA District. They could have a satellite district, but first they need to be in the CRA District and lastly, the Community Caring Center was interested in the program, but could not make the deadline for this cycle. Board Member Romelus asked why the CRA would open the grant to the Community Caring Center if the CRA was already allocating funds for them and learned the program is open to everyone. There are funds remaining and the Board could reissue another notice of available funding. The CRA has not allocated any funds to the Community Caring Center for their incubator program this year, but they did last year. This year, there was a request for assistance to relocate. Vice Chair Katz urged the Board to strictly regulate the grant so it would not become a money grabber. As the program expands, anyone who comes up with an idea could potentially become an economic development opportunity and the fund becomes a pile of available money. He thought the focus should be on business and economic development. Board Member Romelus noted some people returned and were confused. She noted the program was new and there was a learning curve. She thought the grant should be reissued and supported option 2, which was to approve the reissuance of the NOGP for the remaining $92,923 for economic development and affordable/workforce housing categories with a 30-day closing date. If no one applies within that time, they close the category, roll the funds over to the next year and educate the public the opportunity is available. Motion Board Member Romelus moved to her above statement. Vice Chair Katz seconded the motion. Vice Chair Katz commented now that the Board understands the process, the Board should hold the line on suspect proposals. Board Member Casello requested adding on to the program, if an applicant has a rating of less than 50%, the Board should not consider the request. Both motion makers added the requirement to the motion Vote The motion passed 4-1 (Board Member McCray dissenting.) 4. Discussion Regarding Redevelopment Options for CRA Owned Parcels within the MILK, Jr. Boulevard Corridor Mr. Simon explained this item was discussed at the January 18th meeting and the Board requested the Advisory Board review redevelopment options and solicit input from the public. There was a good turnout and the Advisory Board took note of the public's concern. The CRA Advisory Board recommendation was to pursue a mixed-use commercial/residential development as contained in the CRA Pian; incorporate 23 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 community outreach space there or elsewhere in the community such as a community resource center; and pursue option three, which was a design/build Request for Proposal for an entity that would provide a guaranteed maximum price of the design and development of the site with the CRA as the owner. Minister Bernard Wright, Bernard Wright Ministries, explained at the March 1St meeting the Advisory Board was inclined to forward a petition from the community. He submitted a petition containing 160 signatures. At the following City Commission meeting, there were 180 signatures that now reached 201 signatures. They have had a concept for many years and decades as there has been no redevelopment on MLK, which is also known as Robert E. Wells Memorial Avenue. There has been a lot of blight and there were community meetings after community meeting for decades before he started attending meetings the last six years. The community has a concept. Minister Wright read: ,'To whom it May Concern: We the undersigned who are generational residents and stakeholders, in respect to redevelopment on Robert E. Wells Memorial Avenue (aka) Martin Luther King Jr., Boulevard desire to have a commercial cultural hub which would include numerous revenue generating components including but not limited to: • State of the art game room; • State of the art recording studio; • Restaurant; • Billiard Room; and • Concert Hall that will attract nationally recognized 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 informational center which has to do with, our men and women coming out of prison, reentry program, you want to get information about your history, culture, things of that nature, information and resources with respect to paying rent and other things. 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 Avenue. The cultural hub will serve as an anchor in our community. (Board Member Romelus left the dais 9:12 p.m.) 24 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 History and Culture are important in any city. Knowledge of all cultures is extremely important. Know of all cultures is important to building bridges of peace and economic prosperity within the community and City". Minister Wright felt the street could thrive as it had in the past, with restoration and the items listed as components the street had when it was thriving. He wanted the Board to consider what the community wanted built there as opposed to what the CRA wants on the property. He also advised the community wants to be at the table when the CRA builds on all the lots accrued over the long term in the Heart of Boynton. The community knows what they need. He wanted to have chivalry in the community; appropriate dress and respect. There will be dress codes. He was aware the Board talks about crime because of MLK and its history, but he contended when a person is met at their point of need and they are upgraded with a mindset, change would occur and they know what type of security is needed. He alleged if he had a business in the community, there would be no drugs by him because he comes from that. He wanted RFPs to be issued for the uses he listed and requested the CRA sell developers the history of what was and could be again. He advised many others have requested the same things. Rae Whitely, 223 NE 12th Avenue, commented the MILK corridor has the potential to be a thriving lifeline in the Heart of Boynton and a hub that showcases the rich culture of the community. He thought all would agree they were having the same conversations for the last 27 years. They researched best practices and adopted a community driven neighborhood economic development approach. As they speak of the new deal, they look to neighborhood-scaled economic development that positions neighborhoods, local businesses and residents to better connect and compete in a regional economy. To ensure the benefit of increased economic activity flows to those communities, a community-led partnership is needed to develop and carry out strategies. He proposed they should start with the assumption the community and community-based organizations, and non-profits are best suited to drive the process of neighborhood economic development in a way to address the unique condition of each neighborhood or community. It starts with conversation among residents, business owners and other stakeholders and a clear assessment of the community's assets and challenges. They believe they have the team of community, government, CRA and City staff who are willing to do what it takes to make this effort happen. Without a plan, the community is done a disservice. While conducting due diligence for a plan, the focus should be on Sara Sims Park to avoid a stalemate on development in the Heart of Boynton Beach while providing space for the team to work together on a project that would help increase health, social connection and overall positive impact for the local environment. The community needs to be the driver of development. (Board Member Romelus returned to the dais at 9:17 p.m.) Minister Bernard Macon, Coalition of Clergy, 50 NW 27th Court, wanted the Board to have an understanding, there are many people who have been hoping and dreaming for change in the community for 25 to 30 years and that the economic development that was 25 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 promised would occur. Housing is a concern and there are elderly that are afraid of youth waiting at the bus stop. He felt if one part of the City is dormant, it tarnished the entire City. Police are overtired and principals are crying out. When he moved to NW 7th Street years ago, Boynton offered great housing, schools and a vibrant neighborhood. He noted one area is receiving funding, but over time, if an area is not economically developed, other areas two lights down became dilapidated. It will effect everything and will have a profound effect. He requested a comprehensive plan for the redevelopment of MILK Jr. Boulevard the community could have hope in as they were left out of the process. As part of the Coalition, they want to be a bridge between the community and CRA and effect positive change. It would be a disservice to not put together a plan for the area. There is funding allocated for the development of Sara Sims Park and it would encourage the community seeing development occur as soon as possible. It will mend the divide between the community and the Board. He announced all want the same thing and it could be all it needs to be if they work together. Irwin Cineus, 223 NE 12th Avenue, agreed MILK Jr. Boulevard is important in the HOB. Sometimes the CRA is criticized for not doing enough. He requested, knowing the importance of MLK Jr. Boulevard and the community wants to get things done, they develop a plan for the entire corridor. He further requested to avoid the appearance of nothing being done, the Board focus on Sara Sims. David Katz, 67 Midwood Lane, commented at the CRA Advisory Board, Minister Wright got up to speak and because of what he said, he also spoke. He advised he was on the City Commission from 1993 and 1995 and a few years before that and since then, there were numerous community meetings and charrettes about what would happen on MLK Jr. Boulevard. He thought the Board should take into consideration Minister Wright got 201 signatures, and there has never been that many people at any community meeting speaking for or against an issue. He noted the Board voted to pay $3 million for a church on Federal Highway. He thought the Board should take the money and purchase every piece of property that borders MILK from Seacrest to the Railroad tracks that is not historic or owner occupied and start from a clean slate. The Board cannot hop scotch around which was the reason it was failure over the last 25 years. Linda Cross, 65 Casa Loma Boulevard, Unit 601, as Chair of the CRA Advisory Board reiterated there were quite a few people who spoke to them about what they want to see on MLK. She noted the map shows property the CRA does not own and it was not that the CRA has not tried to own the property, but it is not a saleable property. The Board could only work on what they have which was why the Board liked option 3, the design build as they thought it was the quickest way to proceed. The CRA Advisory Board also listed all the ideas for businesses to occupy the building. She agreed community input is important, but it is also important to revisit the heyday of the HOB. In order to be sustainable, the redevelopment should attract people from all over and not just those who live nearby. It should reflect its history. She thought when looking at design build contracts, the Board take the area's historic context into the equation. 26 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 Chair Grant commented he was previously interviewed by Channel 5 about the area saying he did not see anything on MLK Jr. Boulevard, but there was trash and vacant lots. It would be nice to buy everything, but that will not happen as the Board had tried. The Board tried to develop with Nurock who could buy the MLK Quick Stop and build a senior living facility, but they did not win the tax credits and the purchase agreement with the MLK Quick Stop was no longer there. If it cost $1.2 million to buy the Quick Stop, the Board has nothing to put there. He thought they could do something with the $1.2 million and they have to start somewhere as once movement begins, momentum occurs. He favored starting with the 5,000 square feet of commercial space on the north corner. Once they start, a developer may want to sell or be part of the project. He was aware there are vacant retail spaces, but there are not many vacant commercial spaces in the HOB because there is nothing there. The CRA gave land to the Boos Corporation and Family Dollar put up $1.5 million to build the property and a year later sold the property for $2.5 million. He did not favor having another Family Dollar or convenience or liquor store. He supported restaurants where people can sit down, an office where people can do business or a retail shop to have economic activity in an area that only has convenience stores and take out food. He was asking the Board to move forward with one of the three options. Board Member Casello did not favor building a 5,000 square-foot shell building with the hope to put business there. His theory build and they will come has not been that successful. He supports building on MLK and wanted to think big. He proposed commercial, residential and mixed-use operations. The Board did not have an idea of what to put in the shell building. He liked the design build options and making a commitment to move forward. Board Member Romelus expressed the City just approved the Town Square, and it should be a catalyst for the rest of the City. She did not want a 5,000 square foot facility that was an open box as it was not a plan nor would it create a legacy. It took decades to bring the Town Square to fruition, and to assemble the land. She proposed putting the same heart and planning into MLK. She liked option 3 and allowing for an RFP to come back with visuals and ideas how to revitalize the corridor and bring back the history. If done right, they will become a destination and a development that would make future generations proud. Vice Chair Katz commented the City Commission just approved the Town Square. He requested anyone who knew of any commercial entity that would locate there to tell him, otherwise the City Commission just approved building a shell. They do not know what is going to be there. Unless there is an economy that supports any type of business, the best thing to do is to provide the most expensive component of starting a business, which is commercial space. He thought the oversimplification of constructing commercial space in an area that has had no commercial investment for decades seemed offensive because it diminishes an important economic aspect. He expressed the Board needs to do something whether it was commercial or mixed use. He commented if anyone felt the Board could engineer detailed commercial enterprises in an economically depressed area 27 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 that may not support them, they take steps to build a plan. He felt the Board needed to identify a set amount for what they are willing to spend. There is $1.2 million in the budget to build a commercial/mixed-use/retail and residential space and there is zero consensus. Different people from different parts of the community all have different ideas. The Board needs to develop a plan, but it will take an extreme amount of time and millions of dollars to assemble and purchase the land for it. He would love to purchase as property, but if the plan is to do something timely, he did not think everyone would get all they wanted. One has to take a leap of faith and have a good idea to put residential or retail there to spark something. Similar to the Town Square, the surrounding area will be improved and developed by private development. The first step was not everything someone would dream of, and he was unsure what direction to go as he has seen zero consensus from the community and the Board. Board Member McCray agreed and thought Sara Sims Park should be improved first. He thought the Board should ascertain the wishes of the overall community to find out what is wanted. A shell is not the way to proceed, and he did not think the area would attract entertainment as entertainers perform in arenas. After polling the community, they should draft a plan. Board Member McCray knew what was there. He supported listening to the entire community. Minister Wright advised Boynton has not had a leader in the City that had the people's interests for a long time and he was unaware of any other black person, aside from Board Member McCray, that was on the dais since his first cousin Samuel Lemar Wright. He announced during the movement, he encouraged his classmates to vote so they could vote in Black men on the dais to get something done for Boynton and some of the things they need. He questioned if the comments equated to there was no hope for restoration or respect for people. He commented he has a plan and a vision from God and the vision started with Robert Wells. From there, signs were placed and Black History is recognized and honored. The parks are being cleaned as are the restrooms and many other things were occurring, all of which he advised, were a result of his advocacy for his people. He questioned the Board if the 201 signatures were not indicative of the community. In the six years he goes to community meetings, he sees the same faces. They do not live where he lives or patronizes convenience stores and parks daily. He contended he was conveying what the people want and asked if the City Commission would disrespect the petition. The community has spoken and they want a concert hall and a restaurant and it will be successful. He asserted prominent people that live in the community do not attend the meetings because they are disrespected when they speak at the podium as the Board does not respond. He decried the Board wants to give the community what the Board wants and not what the people want. He requested the Board give the community back their respect and dignity as Black men, women and children. They have children that go to Sara Sims Park in the summer. They are out in the streets all summer because of summer camp, which generates revenue and the people do not even have computers to register for summer camp scholarships. This has been going on for years. He commented the Board either tweak the plan or changed the policy so Black children can go to the park in the summer. He commented there was a lot going on in Boynton they 28 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 are being deprived of because the Board does not have the community's interest at heart, but he does. He wanted the Board to issue an RFP, find a developer to develop what he was talking about and use the $1.2 million towards that and not procrastinate providing them with what is on the petition with their money. He does not like coming to the meetings to hear what the Board has to say and he will discourage his people any way he could to see if they could get more elected officials. Board Member McCray commented his record speaks for itself. Motion Board Member McCray moved to continue with Sara Sims and get input from the community, signatures or no signatures. Chair Grant commented there was $1.2 million and he asked if the funds should be moved to Sara Sims. Board Member McCray explained the Board needs to develop and complete Sara Sims and hold the $1.2 million until input from the citizens on MLK Boulevard is received. He was not on the Board when the Family Dollar store was approved, but he was aware the community was unhappy with it. Chair Grant noted the backup reflected plenty of people were at the Boynton Beach CRA MLK Jr. Boulevard Corridor Community Input meeting held on March 1St. Board.Member McCray favored the Board rethinking its position before spending the funds. The citizens do not want a shell building or building something the Board hoped would be filled. He announced he represents District II and citizens should speak with their elected representative. Board Member Romelus clarified Option 3 was separate from Sara Sims. Motion Board Member Romelus moved to pursue Option 3, the design build, which would allow a developer to provide a design that would allow for the incorporation of the historical content of District II and the HOB. It would incorporate input from members of the public from several of the community meetings they had in the past. Chair Grant asked if this was for the entire MLK Jr. Boulevard, for the CRA property. Board Member Romelus commented the developer could give a future plan for the entire MLK corridor which could be developed over time, but the immediate intent is to build out the property the CRA owns. Board Member McCray seconded the motion. Chair Grant queried if the Board wants to look at what people want in the drawings. Board Member Casello thought when a developer or builder is selected, they should listen to the community. Mr. Simon received clarification that: 29 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 • The Board wants to issue an RFP for a developer and a future owner, like they did with Ocean Breeze East or may do for the Cottage District; • Staff will outline incentives to bring to the Board; • The design build is not that the CRA would seek a contractor to build a particular project, rather it would be a third party design, similar to the Town Square project. Vote The motion unanimously passed. E. New Assignments 1. None 16. Future Agenda Items A. Boynton Beach Boulevard Streetscape Improvement Project Update B. Consideration for Revision to the CRA Procurement Policy Including a Local Business Preference Under a Competitive Process C. Consideration of Parameters for an RFP/RFQ for the CRA Owned Property Located at NE 4th and NE 5th Avenues, a/k/a the Cottage District (Tabled 11114/17) Vice Chair Katz commended Board Member McCray for this meeting and the prior one regarding the Town Square. He was aware Board Member McCray had some opposition regarding the Town Square project, but in unity with the City and the City Commission, he expressed he would support the project and not take his eye off the ball in the HOB. In the two years Vice Chair Katz has served on the Board, that is exactly the type of person Board Member McCray is. He has stood by the HOB for decades and he deserves better. Board Member Casello added although they have differences, he respects him and Board Member McCray's heart is in the HOB. His constituents should be proud Board Member Romelus agreed. Attorney Duhy announced there will be no special meeting held on March 20tH 30 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 17. Adjournment Motion Board Member Romelus moved to adjourn. Vice Chair Katz seconded the motion that unanimously passed. The meeting was adjourned at 9:57 p.m. &I d1b)LAA t Catherine Cherry Minutes Specialist 31 t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CONSENT AGENDA AGENDAITEM: 10.D. SUBJECT: Approval of CRA Board Meeting Minutes -April 10, 2018 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the CRA Board Meeting Minutes April 10, 2018 ATTACHMENTS: Description D April 10, 2018 CRA Board Minutes MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH FLORIDA ON APRIL 10, 2018, AT 6:30 P.M. Present: Steven Grant, Chair Mike Simon, Executive Director Christina Romelus, Vice Chair Kathryn Rossmell, Board Counsel Joe Casello, Board Member Justin Katz, Board Member Mack McCray, Board Member 1. Call to Order Chair Grant called the meeting to order at 6:30 p.m. 2. Invocation Board Member McCray gave the invocation followed by the Pledge of Allegiance to the Flag. 3. Roll Call A quorum was present. 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Mike Simon, Executive Director, commented Ms. Wolf of Cornerstone and Boynton Village LLC requested Old Business Item C be tabled to the next available meeting. Motion Board Member Katz moved to table. Board Member McCray seconded the motion that unanimously passed. B. Adoption of Agenda Motion Vice Chair Romelus moved to approve the amended agenda. Board Member McCray seconded the motion that unanimously passed. 5. Legal: None Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 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 Chair Grant had no disclosures, but announced he attended the MILK 50th event by County Commissioner Mack Bernard. He thought it was important, as the Board sets parameters for MILK Jr. Boulevard, they keep him in mind when they plan what they want to see going forward. Board Member Casello and Vice Chair Romelus had no disclosures. Vice Chair Romelus advised she also attended the MILK event and shared Chair Grant's comments. She sat in the Historic Palm Beach County Courthouse, noting a few decades ago, someone who looks like her could not sit in the gallery and would be in the balcony and have her case tried if she were in the courtroom. She was grateful for the progress and looked forward to his efforts in the future. Board Member McCray disclosed he received an email from Lasendra Hoggins Wilson as did Board Member Katz. 7. Announcements and Awards A. Movies in the Park Mercedes Coppin, Special Event Coordinator, announced the April 6th Enchanted movie event, from 8:30 p.m. to 10:30 p.m. About 100 people attended and had the chance to win gift certificates to local businesses that were highlighted at the preshow video, which were Hour Cucina, Finest Kind sport fishing, Nutrition Cottage, That's Amore Pizzeria and the Cooperative Real Estate Alliance. Staff collected 34 surveys, which showed 64% of the attendees live in Boynton Beach and 15% were visiting for the event. Twenty-nine percent learned about the event from social media and 20% from a friend. Twenty-six percent of the attendees were in their 40's and 37% were in their 30's. The next event will be held on May 4th at 8:30 p.m. at the Ocean Avenue Amphitheater featuring The Incredibles, an animated action adventure rated PG. Ms. Coppin gave a short summary of the movie. There is free popcorn for the first 100 event goers and parking is free. Prior to the film, attendees will view a short video highlighting five CRA Businesses. Attendees fill out a short survey to be entered into a drawing for gift certificates to the featured businesses. B. Music on the Rocks Ms. Coppin explained there was no recap given due to Blarney Bash. The next Music on the Rocks will be held on April 20th, from 6 p.m. to 9 p.m., at the Ocean Avenue Amphitheater, featuring music by The Flyers, a Delray Beach based rock band. Food 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 and beverages will be available from the Food Truck Invasion and a mobile bar. Attendees fill out short surveys to be eligible to enter a raffle for gift certificates and vouchers to local businesses. Parking is free. C. The 4th Annual Blarney Bash Recap Ms. Coppin announced the Blarney Bash was held on Saturday, March 17th, from 4 p.m. to 9 p.m. on E. Ocean Avenue. Approximately 3,500 people attended and the event cost came in just under budget at $24,652. There were 15 vendors: six retail and non- profits and nine concession vendors. Vendor fees collected totaled $5,311. There were ADA interpreters onsite who assisted 13 people navigate the various areas of the festival. Live entertainment was provided by three bands and dance performances by the Aranmore Academy of Irish Dance. There was a variety of complimentary activities and crafts. There were 168 face paintings and 176 artistic balloons were provided. A demographic survey was offered and 255 were returned reflecting 57% of attendees were Boynton Beach residents, 22% were visiting the area for the event, and 8% work in the City. Seventy-five percent of the survey participants were first time attendees, 22% heard about it from a friend, 21% from an advertisement and 19% from social media. 8. Information Only A. Marketing and Business Development Campaign B. Public Comment Log C. Public Relations Articles Associated with the BBCRA 9. Public Comments Susan Oyer, 140 SE 27th Way, thought the Blarney Bash was outstanding. She was at the Sister Cities Booth and they sold 50 beads and got a lot of attention. They conducted a survey to find out which Sister City they would pick up next and Ireland won. She thought the last movie was great but was disappointed there were no food trucks when they said there would be. The Sister Cities Art Awards would take place on Friday at the Boynton Beach Mall by Christ Fellowship Church at 6:30 p.m. The last time no public comment was allowed regarding the UCC Church sale to the CRA. She had wanted to question who was going to obtain the two Conrad Pickel pieces in the Church. She believed there was a window and a sculpture. She questioned if the artwork would be added to the City's collection. Board Member Casello commented staff was still early in the negotiations. He did not know the contents of the Church. No one else coming forward, public comments was closed. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 1 , 2018 Board Member McCray congratulated the CRA Staff on the CRA Annual Report, it was a job well done, colorful, eye catching, and good for distribution. 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 None. Motion Board Member Katz moved to approve. Board Member McCray seconded the motion that unanimously passed. 12. Public Hearing 13. Old Business A. Discussion and Consideration of Payoff of CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA (Tabled 3/13/18) Motion Board Member Casello moved to remove from the table. Board Member McCray seconded the motion that unanimously passed. Board Member McCray asked what the CRA was legally bound to regarding this item. He wanted to know where the item was headed as the owner appeared before the Board several times Kathryn Rossmell, Board Counsel, responded that presently the CRA agreed to subordinate its interest in her property to a refinancing and the CRA agreed to allow her to refinance. The question is whether the CRA wants to reduce the amount she owes, but there is no legal obligation to do so. If Ms. Hoggins Wilson refinances, per her contract, she would owe $47,000 and possibly some interest. The requirement for Ms. Hoggins Wilson to repay the CRA was already in the agreement. Attorney Rossmell pointed out since Ms. Noggins Wilson was in the home for a number of years, and depending on whether she sells to an income qualified buyer or a non-income qualified 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 1 , 2018 buyer, the amount may be reduced depending on the circumstances as there are stipulations for individuals living in the home for a certain amount of time, the amount decreases. Board Member McCray asked if the CRA would have any input regarding any new owner or if the CRA would rely on what Ms. Noggins Wilson is doing. Attorney Rossmell responded the CRA can evaluate the income and criteria of the potential buyer pursuant to the grant. Staff could only conduct an evaluation of whether the buyer was qualified to keep the grant. The grant would remain in place. The offer to the CRA was $5,000 in lieu of the $47,000. Ms. Lasendra Hoggins Wilson, 508 NW 12th Avenue hoped all received her information and gained a better understanding of her offer. She still had the same offer, but at the last meeting, the Board made suggestions and she wanted to know what their thoughts were. Board Member Casello was upset about her definition of a grant she felt like it was a loan, contending it could be waived. Board Member Casello explained every grant has stipulations as it is taxpayer money and pointed out her request was to forgive up to $42,000. Board Member Casello felt the CRA should not be in a position to forgive the grant since it was taxpayer dollars. The Board agreed Ms. Noggins Wilson could refinance or rent the property. He suggested when she obtained funds from the refinance, she invest it back into the property to improve its future value and recoup all the funds. Ms. Hoggins Wilson explained she was referring to how the grant was originally written as the grants were forgiven after a certain amount of time and the recipient was allowed to be released from the contract. She understood grants have stipulations, but the one she has will always involve the CRA whether she walks away from the property or stays. Either way, it is a loss for both parties. She was trying to do the right thing by asking permission to return the property with no strings attached. If the CRA does not agree to it, the CRA is still a part of the property. At one point, she was concerned it would set a precedent, but people have already walked away and short sold. The CRA did not get out of the deal what was put into it and she did not think her request was unreasonable. Board Member McCray asked how long the grant was for and learned it was for 30 years. Ms. Noggins Wilson has lived in the home for 11 years. He commented when the Board accepted short sales, it opened a window. He did not want to open another window. Chair Grant had reviewed the amendment and if Ms. Hoggins Wilson sold between year 6 and 20, the CRA gets 50% of equity if she sold to a family that exceeded the medium household income. He explained the Board would not know what they will do it they take the $5,000 buyout, and she could sell it to someone who is not a qualified buyer and make a windfall. Ms. Hoggins Wilson inquired if the Board was genuinely concerned about who moves into the neighborhood and what they do. It would be great if she would find a buyer, but 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 1 , 2018 she did not think she would with the activities that are occurring in the neighborhood and that was why she did not attempt to sell the home. When she was speaking to various organizations, the home could be used by individuals or families to get situated or for displaced families that do not have anything right now. It appeared to her the CRA wanted to have a part in it, and if so, why make the offer if the CRA would not entertain it. Chair Grant asked what the CRA would get if she sold to an income qualified buyer, noting clause six only says if she sells to a non-income qualified buyer. Attorney Rossmell explained generally income qualified is below the median income and the section was out of sync. Chair Grant commented the CRA defines an income-qualified buyer as a family whose income exceeds 120% of median household income. If Ms. Noggins Wilson sells to a non-income qualified buyer, they are not subject to any repayment on the grant. Attorney Rossmell agreed and commented it may be a scrivener's error. Section 5A, defined a non-income qualified buyer whose income exceeds 120% or refinances, the full sum is due back. There was ambiguity in the amendment. Based on the rest of the contract, it appeared Section 6 contained a scriverner's error. The only logical way to read it, was it should be if income is less than 120%. It would have to be corrected. Section 5A was that ruling paragraph that governed the sale to a non-income qualified buyer or a refinance. A refinance indicates the full sum of the grant plus 4% interest is due. During the refinance, Chair Grant asked if the Board could accept something less than the amount owed plus the 4%. Attorney Rossmell explained the Board could take any sum less than as the language acts as a cap. Vice Chair Romelus thought a decision should be made and any precedent should be unanimous for Ms. Hoggins Wilson and other grant recipient. Ms. Hoggins Wilson wants to refinance the property, get money from the equity, improve the home and rent it. The Board is okay with that, and the Board was not asking for a stipulation if she chooses to refinance the home and rent it. Her concern was displacing one family for another in a bad situation. If that was still the stipulation on the table, she was willing to leave it at that. Motion Vice Chair Romelus so moved that Ms. Hoggins Wilson could refinance the property and move on and the Board would not assess any stipulations on her refinance or rental of the property. If Ms. Noggins Wilson sells the home, the agreement stands as originally stated. If the Board could not take a lesser amount, it will remain per the contract in an amount up to $47,000 at the time she sells. Board Member McCray seconded the motion. Ms. Noggins Wilson explained that was the original case and that was already in place. She was present because she was offered the opportunity to have a buy-out. When she went to the bank, they had the same ideas as the Board. Even with a refinance, when the bank looks at it, the debt still stands, and she cannot refinance. Either way she owes the $47,000 as it states in the addendum. Board Member Romelus asked if a letter could 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 1 , 2018 be written explaining Ms. Hoggins Wilson does not owe anything if she refinances and the debt only applied if she sells the property. Attorney Rossmell responded they could and explained the Board could amend the agreement. Ms. Noggins Wilson will take it to the Bank. Attorney Rossmell summarized per the current agreement, if Ms. Noggins Wilson refinanced $47,000 comes to the CRA. Per the motion, if the motion passed, the agreement will be changed to result in the refinance repayment being taken off the table, and she would only owe money if the property is sold. The motion would clarify the definition of qualified and non-qualified income. That unanimously passed. B. Consideration of Addendum to Purchase and Sale Agreement for 211 E. Ocean Avenue, a/k/a Magnuson House Motion Vice Chair Romelus moved to approve. Board Member McCray seconded the motion that unanimously passed. D. Consideration of Boynton Village, LLC Compliance Audit This item was previously tabled. D. Consideration of Parameters for an RFP/RFQ for Redevelopment for CRA Owned Parcels within the MILK, Jr Boulevard Corridor Chair Grant noted there were multiple comments from CRA Advisory Board on this item. Board Member Katz favored moving forward with the RFP/RFQ based on comments from the community. He favored mixed uses although not exclusively. If someone wants to have just commercial, he was fine, but he wanted to cast the net at setting an investment value with a combination of land and money as there is $1.2 million available and leaving it as an open campus. He had no intention of building something for a defined purpose when the market does not support it at this time at this location. He wants a broad RFP to see what comes back The Board did not have to accept all ideas, but a narrow focus would turn off potential investors. Board Member McCray agreed. Chair Grant wanted an opportunity to have equity for the community and the only way to do so is through ownership. The original RFP discussion was for a design build and the CRA could ask for a maximum build price and have the ultimate say who owns the property. In the past, the CRA has not done well. He referenced the Little House that has no tenant and the Magnuson House that does not have a permit approved. Chair Grant commented this is a historically black community. The taxpayers in the HOB were paying 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 the City as much as all the other taxpayers. He wanted people in the community to have an opportunity to rent to own or have some vehicle to allow ownership in the community. The CRA has property on NE 9th Avenue, which is part of MLK Corridor. He explained they could build a road from NE 2nd Street to NE 9th Ave to MLK Boulevard and include it in the RFP. Board Member McCray commented the Board was not at that point. He favored issuing the RFP and seeing what comes back. If the community buys in, then they move forward. Board Member Casello asked if all agreed it would be a mixed-use type of build. Chair Grant commented it would be whatever it was zoned for. Currently, there is mixed use and commercial land available. Board Member McCray favored mixed use. Chair Grant asked about including the properties on NE 9th Avenue just north of NE 2nd Street, in the RFP and there were no objections. Minister Bernard Wright, 713 NW 2nd Street asked what the purpose of the Advisory board was and learned they make recommendations. He asked about the recommendations they made at the last advisory board meeting he attended having to do with redevelopment on MLK. He advised there are 201 signatures from property owners and prominent citizens. He advised the HOB spoke and they want historical and fundamental components from when it was thriving. The same generation exists there. He questioned Board Member Katz's experience in development. Board Member Katz explained none of the Board members are developers, but Mr. Simon was. He noted Reverend Wright has made his position clear many times and the Board was also clear. Starved of economic development, an attempt to create what his vision for the area was does not fit the economic realities of supply and demand in the marketplace. At some point in the future, if through development, economic prosperity is able to enter into this area, that would lead to the development Minister Wright was requesting such as a concert hall and others, but there was no free market investment desire on MILK Jr. Boulevard. The Board was trying to spur development, but cannot do that by risking $1.2 million and available property on a vision that lacks a market place. Board Member Katz understood Minister Wright disagreed with him and they had discussed it several times at different meetings. Other community members disagreed with Minister Wright's vision and felt it could make the community worse. Others said invest in infrastructure and affordable housing to start businesses. Minister Wright's vision was very specific and others at meetings he attended did not agree. He would not support Minister Wright's position. He understands and respects his opinion and thought it could happen in the future, but when trying to revive an economically depressed area, they would not build a concert hall. Minister Wright commented Board Member Katz speaks for himself and at times for the Board and he felt he was not qualified to do so. He asserted Board Member Katz had not spoken with one developer who said they would not develop the corridor or anyone 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 about the vision or history of the area. He challenged Board Member Katz to give him documented proof that even 10 residents from the neighborhood attended the workshop. He had previously submitted a petition with 201 signatures and contended the Board should not say what will and will not be there, it should only be what the people want. They are taxpayers and it is their community and culture he was advocating for. He was on Board Member Katz's Facebook page and the minutes reflect everything he said about the community. He commented he was not wrong, but Board Member Katz blocked him from his Facebook page and Board Member Katz was the only one speaking against his vision. The City Attorney knows the legality of the situation and the ramifications. When Minister Wright voiced he did not think it was legal, Board Member Katz was the only one who stood up. He explained Board Member Katz cannot show him the notice or the statute. He spoke about the center before it became the Carolyn Sims Center and explained he was attempting to litigate for a petition for an injunction against this as he is for the people. He commented he did not want to do this, but he would stop the summer camp and stop everything by injunction because there is a civil rights issue. He commented for Board Member Katz to jump up with the City Attorney not saying anything about the legality, it was Board Member Katz saying he did not want this or a concert hall when there is a lot of potential going to studios out west paying the money because they could sing and entertain. He announced they could have it right here and there are promoters right here as he is connected with people and celebrities that came to Boynton and would return and pay homage again. They have a multi-million dollar enterprise that can be put in Boynton Beach and Board Member Katz would reject it when that is what the people want. Boynton Beach could still have this through the grace of restoration and taking into consideration the heart of the people. Kids in the summer cannot go anywhere except in the streets. Minister Wright explained he was not talking about billiards. He was talking about having a Dave and Busters on 10th where a family can go. When talking about another strip mall, there will be the same thing because his people have the money to go in and be a tenant. They will not have anywhere to go unless the CRA builds something, and they will still hang out. It was important to build what the people need, which is about a better Boynton and they will not have it unless the CRA builds what the people want and there will be gentrification. Vice Chair Romelus commented the issue on the table is crafting the language to see what they want to see in the RFP with the additional areas of 9th and 11th. She thought the Board should be able to meet in Chambers and respect one another's opinions. She commented when situations like this arise, the Chair has a responsibility not to allow personal attacks of Board members. She had stated so before and the Board should set a precedent. Chair Grant agreed and pointed out nothing was foul or untrue and he was timed. Board Member Katz stated his position and advised he speaks for himself, but he remembers and cites comments from his fellow Board members and that was where he drew his comments. There was no support for the idea just offered. There was discussion 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 for mixed use and/or commercial development. He agreed with Vice Chair Romelus to refocus to the comments made prior to public comment and develop MLK Jr. Boulevard with a substantial investment of property upwards of$1.2 million. Vice Chair Romelus thought the incentives the CRA was offering should be included in the language which was the land prices were being offered at a lower retail value, there was $1.2 million to assist, the CRA Advisory Board's list of comments and suggestions in the RFP language. She wanted to add, the developer being required to partner with the local business and property owner, whether rent to own or as a part owner. She would like to see it as it would make her view the response more favorably. Vice Chair Romelus asked if there was a master site plan for the corridor and surrounding community and learned other than the site plan in the HOB District Plan in the 2016 CRA Redevelopment Plan, there was no specific site plan layout that would go through the City's approval process. The design on the screen is in the plan and it identified the layout of commercial at the west end of the corridor at the corner at Seacrest, residential in the middle, and mixed use at the east end. Mixed use land designation was designed as a general idea for developers and the public of what was supported by the community meetings and the approved plan. It did not identify specific uses, brands or entities; it only identified uses. The RFP would provide more specifics from the respondents and would indicate what they would propose. The site plan he would propose in the RFP is to request from the proposer to have a layout and provide their market layout, what they propose to build taking into account what the Board, the CRA Advisory Board and the public wants. The Board would gauge the proposals based on who does it the best. Board Member Romelus wanted that to be part of the RFP and have a presentation of a master site plan or a conceptual drawing with incorporation of all of these suggestions and historical aspects of the community. She thought doing so would take the onus off the Board and put it on the developer. She wanted language included in the RFP that the CRA would incentivize developers to work local land and property owners to partner with and acquire land through reasonable prices to finish off the lots on MILK Jr. Boulevard on 9th 10th and 11tH Board Member McCray disagreed with Minister Wright's comments that there were no meetings held and nothing had been done. He explained there were meetings and charrettes held over 20 years ago and the Board did not jump to conclusions about what was wanted. There were many meetings and moving forward with an RFP and RFQ is the best way to go. Board Member McCray pointed out Minister Wright made a statement that they had no one from the Heart of Boynton and noted Mr. Robert Pollack, CRA Advisory Board Member, lives in the Heart of Boynton. He thought what Vice Chair Romelus and Board Member Katz stated was the best way to go. When the responses are received, the public could weigh in. He asserted the Board was spinning its tires and not getting anywhere. 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 Board Member Casello agreed the members are not developers, and commented he thought Minister Wright was living in the past and was blinded by his passion for the neighborhood. What worked 20 years ago does not always work today. The CRA issues RFPs to people who know how to develop and they set specifications of what they want and land parcels the Board was willing to invest. He did not see 201 or even 20 people present. Many charrettes were held and the CRA heard from the public. He explained if the CRA was going to invest as planned and they have to get it right as they have one bite of the apple and the landscape has changed. He asked Mr. Simon how much they could invest in the RFP and learned as of this budget year, the Board identified $1.2 million for the redevelopment of the corridor. There are other line items that can provide additional funding such as architectural, site and survey assistance. He thought $1.3 or $1.4 million in cash was currently available, plus the CRA was going into a new budget for next year and they could increase the funds. Board Member Casello was concerned when speaking about cash as the Board was discussing purchasing a church for $3 million and the Town Square they committed to already. He asked if the CRA was willing to give or sell the parcels at less than appraised value. Mr. Simon explained it appeared from the Board's discussion that they would support doing so, provided a proposal was selected by the Board. Chair Grant explained there were two parts to the proposal and inquired if the Board was asking for a development team for MLK Jr. Boulevard or a developer to tell the CRA what they think is best. He thought if the Board asks for a development team, there is leeway. They can work with the development team to strategize what they want for the corridor. An RFP is not a two-stage process where they say what they can do and the Board gives them an opportunity to appear later with a plan of what they want to do. Mr. Simon explained the Board could craft the RFP/RFQ up front by notifying any proposer, that the Board is interested in becoming a partner and being involved in the planning process. It will let the developer know they should be open to suggestions or direction. It is the Board's property and they are investing in it and the Board can write and prescribe in the development agreement what they see fit if the developer agrees to it also. Board Member Romelus wanted to make the process as intense as the Town Square. She favored crafting the RFP/RFQ combination to have a development team that knows the CRA will be a partner to make the project a reality. She wanted a partnership in her motion. Board Member Katz contended since they are investing $1.2 million and the land, in any endeavor where the CRA provides incentives, they are a partner in the planning process. He favored crafting an RFP giving parameters with the understanding the Board may want changes and it provides an opportunity to review a plan without making a commitment to what is presented, just like any other project. The difference between the team for the Town Square project and this project is the Town Square was a $200 million project and the corridor might be a $10 or $15 million project. He agreed with Vice Chair 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 Romelus's desire to be a part of the plan and ask the community what they want, but if trying to mimic what they did in the Town Square, it may delay the project for a few years as opposed to issuing an RFP and potentially starting development on MLK Jr. Boulevard. He supported having a degree of influence as there will be revisions imposed by the Board of their desired changes. Vice Chair Romelus agreed and wanted language included in the RFQ that the Board wants a Master Site Plan developed along the entire corridor of 9th, 10th and 11th. In the future, the project could be a $50 million project if the developer acquires more parcels. She wanted a long-term partner to develop the region to turn it into a booming area. Rae Whitely, 223 NE 12th Avenue, agreed with Vice Chair Romelus and Board Member Katz. It was overdue and must be done right. They have to be more diligent in the plans and partnership to ensure a site plan is developed with community input. He thought they were heading in the right direction and he offered his assistance. Mr. Simon understood Vice Chair Romelus had expanded the language to incorporate the entire corridor with a master developer to include full east to west end. He asked if the Board was directing staff to include properties in that large of a range, or just from properties the CRA owns and adjacent properties from Seacrest to the midpoint or last property the CRA owns traveling west. Vice Chair Romelus wanted a master site plan for the entire parcel from Seacrest to the railroad tracks and from 9th up to 11th. This would put the onus on the developer to work with private property owners and help move the process along. It could incentivize them to get it done faster. Board Member Casello commented it took years to get the parcels together they have now. He thought if asking a developer to acquire the remaining parcels, they would never get a shovel in the ground. He agreed a master plan is great, but it is difficult to acquire single parcels of land and felt they should go with what they have. Board Member Katz agreed. He asked Mr. Simon, given the land on this portion was considerable and they do not own much property by the railroad, if it was risky to invest that type of time and money to develop a master plan for parcels they do not own. He did not want to limit the scope of the plan, but did not want to create a plan for the corridor when they do not own 80% of the corridor and risk not developing the corridor. Mr. Simon was present when Intown was selected to develop the area. When they extended the RFP in 2005 and 2006 to the entire corridor, developers were planning to develop the entire three or four blocks over people's homes. Residents did not know there was an RFP or understand what an RFP was. The CRA loses leverage as a development partner if they expand their authority/vision past what they can control. There are parcels adjacent to theirs that, without being acquired, limits what the CRA could develop as opposed to someone who is able to obtain a few adjacent parcels with 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 a willing seller. If expanding the parcel by 30 or 40 lots, they can ask a developer to provide a vision of what they see in the future based on the project at hand. There is a plan, there are design graphics that cost a lot of money that professionals use to establish density, current land use and zoning and future land use to give potential developers an idea of what could go there. Vice Chair Romelus clarified her motion was to build a vision. She was not saying they have to acquire the parcel. The CRA was incentivizing the developer to expand their project and footprint. The developer will be asked to work with the properties the CRA owns and build a cohesive vision for the entire parcel. Board Member McCray favored sticking with the property they own. They have to do what they need to do with what they currently have. If drafting a master plan, residents will call. Chair Grant agreed the CRA cannot predict the future. Chair Grant wanted to limit the scope of work to what the CRA does own for what is possible, not hypothetical, which is why the RFP is two tiered. He favored selecting the developer first and then pick which development they want to move forward. Vice Chair Romelus asked if the master plan be part of the RFP and learned it would be an attachment. Mr. Simon explained when looking at the area the CRA owns as the Town Square site as a comparison, and all around the first portion of the entire corridor, the first portion would be the Town Square. All around it, will create a vision for the future. He thought all was on the right track and saying the same thing. The Board was not expecting developers to build a Town Square and have sown up all around it, but things will happen because of it. Having a developer who understands the vision is an excellent criterion to judge the Board's selection on, so they prove to the Board they understand what the community wants. It is very relevant. The master plan was attachment 1. The RFP document will have to come back to the Board. Attorney Rossmell understood the motion was to do an RFP/RFQ for the property that the CRA owns, but an element is a vison for the larger area without necessarily a plan to develop the properties. Motion Board Member Casello so moved. Vice Chair Romelus seconded the motion that unanimously passed. E. Consideration of Parameters for an RFP/RFQ for the CRA Owned Property Located at NE 4th and NE 5th Avenues, a/k/a the Cottage District Chair Grant commented the Cottage District was a completely different piece of land than the MLK Jr. Boulevard corridor and had a different land use and zoning. He walks by the parcel and the community had indicated to him they would like to have a pocket park. He noted there are nearby bus stops for Odyssey Middle and Forest Park Elementary 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 Schools and Boynton Beach Community High School. It the CRA makes a communal green space in the middle, if the City does not own it, the community will not have access. He wanted to ensure there was a community aspect to the development the rest of the HOB could access. He wanted minimal maintenance and minimal development at the park and he suggested asking KaBoom and other non-profits to help them build a community park so the children in the community have a place to go without crossing Seacrest. He supported reasonable housing at the site that is fairly priced. He commented reasonable housing would be subsidized. Workforce housing would be deed restricted. He did not know how to decide who would get the property, but the homes would be a starter home. Board Member McCray thought the homes have to look like cottages, not high rises. Board Member Katz thought Chair Grant and Board Member McCray had the same idea. The original plan for the District was homes with limited square footage, not tiny homes, but smaller homes. He thought the Board did not have to qualify all as affordable because if houses have a certain square footage that are desirable, they will be market priced for the footage He did not know about putting a park on Seacrest if the goal was to stop youth from crossing Seacrest. He was not averse to having a mandatory green space component. He favored with the land and potential funding as incentives, they try one more time with Town Square, Ocean Breeze East and the funds for Sara Sims Park, now was an opportune time for someone to build homes for a classic or cottage design. He noted the CRA had tried to implement something, but failed because the timing was off and he supported favored recasting the net for the Cottage District and incorporating green space. Mr. Simon explained he was still working with the Community Caring Center and she will come back to the Board next month with a more structured plan how to relocate. Board Member Katz liked modestly priced and sized single-family detached units would be appropriate, but the timing was not right. He thought the timing was better now for what the Board's original concept was. Vice Chair Romelus asked if the units had to be single-family detached homes. Board Member Katz was open to two units adjoined by a common wall. He was open to anything that adhered to having a restricted square footage to keep the market price in an affordable range and have onsite amenities for those who want to live there. She agreed and would like to see what the developer brings back that fits the Board's vision and matches the surrounding community. She preferred to seethe small park on the eastern side of the entire cottage district on 41h or 5th or on either corner or on the opposite side of the corner lot so it is available to other communities. Board Member McCray agreed with Vice Chair Romelus not to place the park on Seacrest as when the Town Square takes off, it will be prime property and the park needs to be to the east. The bus stop is on the northeast corner, which made sense. Board Member Casello asked what will be in the park and learned that was for the developer to design. Chair Grant commented rather than having a bigger back yard 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 and less units, the Cottage District will have smaller lot sizes because there will be an adjacent park associated with it. The Board is asking for a community park the CRA can help fund and maintain for a year or two. He spoke with Wally Majors, Director, Recreation and Parks. He noted there is a lot of money going to the northwest portion of Boynton Beach for Denson Pool and the Carolyn Sims Center. There was not a lot for the community to use in this section and he supported creating the park as long as it is in the budget, Susan Oyer, 140 SE 27'"Way, commented the City has an Ordinance requiring 2.5 acres of green space for every 1,000 people and she commented the City is very far behind in green space. She had also approached the City and the Board about purchasing land for a buffer around her property, which will remain in her family in perpetuity. They significantly upgraded the property. She approached the City to buy a strip of platted land that was an empty alleyway. If they are able to purchase the alleyway, half of the alleyway will go to the Girtman's. Ms. Oyer explained she only wants the portion of the alleyway that runs to the end of her property, which is about 118 to 120 feet deep, and it will be grassed and treed. On the south end of the property, her property line is about a foot and a half off the driveway. When the home was built 92 years ago, there was no rule to enforce a boundary. She appeared three time asking for 10 to 15 feet, and was turned down each time, but they keep asking because this will be a problem for anything the CRA would do as they want a buffer. She thought her request was not unreasonable. She requested some type of berm or setback be included in the RFP on the south side of the property that abuts 508 N. Seacrest and 105 NE 4t". It would benefit both parties as the CRA does not want to build on top of her house. She requested something reasonable be done to protect both interests. She was aware the project would have to build up by about 16 inches due to climate change, which will lead to flooding on their property unless there is some type of barrier and she understood a berm was the best way to go. In reference to Board Member Katz's comments, she had been suggesting the older homes, some of which were declared historic that are south of Boynton Beach Boulevard and west of Seacrest, would be taken by eminent domain. She requested the Board consider moving those homes. Vice Chair Romelus asked if the Board would be willing to entertain moving the property line to accommodate Ms. Oyer, if the negotiated amount worked for both parties. Chair Grant explained the issue is it is a parcel of land. If they wanted to buy the entire parcel at fair market value it would be one issue. If purchasing just a few feet, the land would have to be replatted, and it is not worth the taxpayer's time to accomplish. There are several ordinances that require setbacks for other buildings and the Board has not seen that there will be a problem in the future. It was conjecture that flooding would occur. He did not think there was anything they needed to do unless the Board wants to spend a lot of money to replat. Board Member Katz requested Mr. Simon provide possible solutions, such as selling the lot or portions thereof, or having greater buffers or anything else that could be done to achieve the intent of the property owner. Vice Chair Romelus agreed. 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 Mr. Simon explained the CRA and staff are submitting an application to the City for an alleyway abandonment of the entire alleyway. There is no sale of the alley Ms. Oyer was referring to as it is not part of that process. Barbara Ready, 329 SW 13th Avenue, explained she is the Chair of the City's Historic Resource Preservation Board and the Andrews house is located on Mr. D'Almeida's property south of the railroad tracks, just south of Boynton Beach Boulevard. She commented it is the oldest house in Boynton Beach and constructed with timber from the Coquimbo wreck. She requested if it comes down to the destruction of the house, the Board consider moving the house to the Cottage District although she preferred to keep the home at its original location. Vice Chair Romelus spoke with the D'Almeidas and informed Ms. Ready they plan to keep the home in its original location and build around it. She pointed out it is already in the plan, but if it changed, it could be located elsewhere in the Town Square plan. William Aikens, 726 NE 1st Street, President HOB Neighborhood Association, agreed with the Chair and Board a pop-up park was needed. He noted from Boynton Beach Boulevard to 13th Avenue, there are hundreds of children playing in the street. The only way they can find any kind of recreation is in the streets, which is not good. He thought a park should be located there because when the area is redeveloped it was the perfect place to have one. He supported the concept and asked how soon a park could be created. Chair Grant replied the Board wanted to keep it as a parameter for the RFP they will issue because if a park is put in the wrong location, they are stuck with it and residents may lose out. The Board will move as quickly as possible, but wanted it incorporated into the RFP. Mark Karageorge, 240A Main Boulevard, explained the Board has a great opportunity as with the Town Square development, the site's value increased. Previously, the Board did not receive any responses to its RFP for this area for various reasons at the time. He agreed the park should be included in the RFP as a mandatory component of the development because developers do not like to build parks because they do not make any money from them. He also suggested the Board should consider creating a Community Land Trust (CLT) as Delray has had success with them. If working with non- profits they can help make it occur with a developer and ensure quality and affordability. They can also qualify both low and moderate-income individuals and there would be home ownership. He thought the Board should consider the concept. He noted there were past CLT successes and there is a need in this area. It will improve the quality of life for citizens in that area and it enhances the area and there is a nearby learning center within walking distance. The Center can use the park and have additional programing. He thought the Board should appreciate the assets they have and build on them, which also includes the neighborhood residents. 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 Chair Grant thought they should look into a CLT because there may be purchasers that will rent out their property. He did not want to limit homeowner equity, but he wanted to restrict property owners from renting out their home, or go into foreclosure. By using a CLT, they can help protect the community. Motion Board Member Katz moved to recast the net with regard to the prior Cottage District and incorporate a minimum mandatory amount of green space for a park of some nature. He thought given the area and economics, the homes will be affordable houses, so his motion was to have CRA staff and the Executive Director recast that RFP with some of the ideas with the park. Board Member Katz clarified his motion pertained to the most recent RFP that was single-family with the addition of the mandatory green space. He commented he was also not opposed to attached units. Board Member McCray seconded the motion. Board Member Casello asked if green space, park and playground was defined the same way or if there was a difference. Mr. Simon explained there are passive and active parks and pointed out the CRA owns the land. The CRA had retained land for a park and was requesting the developer provide some type of financial aspect to the overall development. Respondents will want to know the size the Board retained, if they are installing playground equipment or benches or a basketball hoop. Board Member Casello asked if the development will have a style and learned they would. Mr. Simon explained architecturally, the style is in the plan and it is up to the Board on whether they would consider more than just single-family detached homes or other proposals that yield attached homes, but are still single family, or fee-simple ownership. He noted there are villa and garden-styled units. Chair Grant wanted an active park in the sense children would use the park, and not necessarily a park with benches and trees. He hoped to have at least two tenths of an acre (around 10,000 square feet) or slightly less. Mr. Simon explained the Board can indicate they want the developer to incorporate an active/semi-active park in a certain square footage range to be designed and incorporated in the proposal somewhere in the north east section, that can be written in and review the language. Board Member Katz favored green space to be on the eastern side of the property to lock it into a residential community as opposed to the corner on Seacrest. He did not want it to be a hangout and included it in his motion that the green space for whatever size be on the eastern portion of the property. The CRA owns all the land on the eastern portion except the Community Caring Center, which if the Community Caring Center plan moves forward, the CRA will own the entire eastern front of the property which could lead to any types of park or green space design. It opens the CRA's options if the park is locked into a residential community on a side street. A park on Seacrest would have to be fenced which was an additional cost. He favored issuing an RFP, similar to the prior RFP with 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 the option of more than just single-family detached with mandatory green space of a size recommended by staff on the eastern front of the property. Board Member McCray seconded the motion that unanimously passed. F. Consideration of Fiscal Year 2017-2018 Budget Amendment for Property Acquisition Funding Chair Grant passed the gavel and left the dais. Vice Chair Romelus moved to take a five- minute break. Board Member McCray seconded the motion that unanimously passed. The meeting was recessed at 8:26 p.m. Vice Chair Romeius reconvened the meeting at 8:31 p.m. and returned the gavel to Chair Grant. Mr. Simon explained this item was discussed at the March 13th meeting regarding unassigned fund balance and funding availability for potential acquisitions or other appropriate uses. In order to use funds from the general fund unassigned fund balance, a budget amendment is needed if the Board wanted to use funds this year as opposed to waiting for the annual budget. The board had approved acquisition of 115 N. Federal Highway for $3 million in addition to the $460,000 plus they have now. The unassigned balance of $2,980,000 would need to be approved in the budget amendment for assignment to the project fund acquisition line item to fulfill the acquisition. Motion Board Member McCray moved to approve. Vice Chair Romelus moved to approve. Chair Grant complimented the CRA on a great job to have excess funds to pass over. The motion unanimously passed. Board Member Casello asked if there had been any discussion about ownership of the contents of the church. Mr. Simon explained the Board approved the acquisition, which did not specify any items inside or outside the building being retained by the church or included or excluded in the sale. The Church had until April 8th to approve the terms of the acquisition, which they did. Typically with church sales, they do not keep altars or pews, but in this case Mr. Birdsall on behalf of the congregation; asked him to clarify whether or not they could keep some items, such as the cross stained glass window in the front of the building. Mr. Simon advised it was up to the Board. He thought the Board should have the opportunity, as the buyer and the Church, as the seller, to recognize the items in the church in a discussion and not after the fact. If the Board Chair signs the agreement, there will be no specific answer and it will not include or exclude an art fixture or a window. If the Board wants to purchase the property and not allow them to take the building, it should be clarified. He thought it was important to have the discussion to see if it would break the deal. Board Member Katz requested staff approach the church to ascertain if it could be acquired for 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 the City and incorporated into the Cityscape. If the Church wants to keep it and the Board did not include it as a stipulation, he did not want to see the deal fall through. He believed the church would preserve it and hopefully they would offer ideas. Mr. Simon explained the CRA is purchasing the building and inside the building there is recognized art. The property is owned by the Church, but the artwork is affixed into the structure so to sell the structure, a fixture is generally thought of as non-removal. If the artwork was on the site and the Church owns it and wants to take it, it should be written in the contract. The CRA did not buy the property with the added value of the art included in the value of the property. Board Member Casello thought the CRA could incorporate it into its own landscape or buildings, or if it is important to the Church, he would not object if they took it with them. He wanted the art preserved. Chair Grant understood, if it is a fixture and an exterior window it is purchased as part of the building as opposed to a painting on a wall. He proposed staff discuss it with the congregation to ensure the CRA will preserve any type of art in the building and any fixture they are also willing to preserve those artworks as well. There was consensus. Attorney Rossmell requested clarification the Board does not wish to clarify the contract to state that or they do. The Church already signed the contract and the Board did not want to let anything fall through. Under the LRA's interpretation, a stained glass window would be considered a fixture versus a piece of art that is hung up. Staff will have the discussion that any other pieces of art would and the CRA would maintain and preserve for the future. If the Church takes out the stained glass window, they will have done something to the building before the CRA purchases it. The agreement will not be changed, but it is a discussion the Board wants staff to have. 14. New Business A. Consideration of Purchase and Sale Agreement for the Properties Located at 211 NE 9th Avenue and NE 11th Avenue Motion Vice Chair Romelus moved to approve. Board Member McCray seconded the motion that unanimously passed. B. Consideration of Funding of Intersection Improvements Associated with Florida Department of Transportation US 1/Federal Highway Project Thuy Shutt, Assistant CRA Director, explained this item is not funded in 2017/2018 budget. In August 2017, the Board had discussed what to spend on the enhancements of US 1 as part of the FDOT road resurfacing plans. These were cosmetic items to increase pedestrian safety and/or bike lanes at a larger or more prominent intersection within the corridor that it is not funded by base elements of the resurfacing job. Since the budget had to be adopted, staff did not have the prices and FDOT did not progress far enough along with their plans, the Board did not allocate an amount for improvements. 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 On March 15th, City and CRA staff had a conference call with the FDOT for improvements at three intersections all on US 1 at Woolbright Road, Ocean Avenue, and Boynton Beach Boulevard. Improvements included patterned pavements on the crosswalks to make the intersection more visible. The improvements are an upgrade because the improvements being made by FDOT is more than what staff anticipated in the past. With the City's recommendation, there should be some highlights of the intersection. The FDOT will install lighting at intersections for pedestrians and will have bike lanes and resurfacing. City staff recommended another four intersections in addition to the three already mentioned which were on Gulfstream, SE 23rd, Gateway and MLK Jr. Boulevard. The preliminary cost from the City engineer is about $58,000 each. These intersections on Ocean, Woolbright and Boynton Beach Boulevard in addition to MLK will be more prominent and more effectively be seen and visible. The other intersection at Gateway and on Gulfstream already has a vertical entrance sign that signifies departure and arrival into Boynton Beach. The improvements would highlight the intersections and give a sense of arrival to the City. Funding would not exceed $230,000 for the four recommended intersections. Vice Chair Romelus liked the improvements, but favored adding Gateway Boulevard to the set of intersections and substituting it for Ocean Avenue as it already has several embellishments such as Cavalcade. She noted Boynton Beach Boulevard was nearby and she thought having two embellished intersections next to each other was not good and she favored Gateway Boulevard as the alternate. Board Member Casello asked if the funds have to be used only for paving and learned it could be used for anything in addition to the resurfacing. She clarified they were using a thermal plastic paint, not pavers and it was cosmetic. Board Member Casello asked how it would improve the beauty of US 1. Ms. Shutt explained it would accent the intersections to have something other than asphalt. The FDOT no longer approves pavers in the right of way based on maintenance issues. The improvements are aesthetic. Maintenance would be handled through an Interlocal Agreement between FDOT and the City for anything in addition to what FDOT cannot maintain. Board Member Casello commented that initially, the roads will look good, but they do not hold up. He questioned whether the money could be used for anything else on US 1 as opposed to using thermal plastics. Ms. Shutt commented they could look into it. Mr. Simon explained staff was bringing information to the Board that was mentioned at the FDOT meeting. All the items the Board wanted to spend the money on would be paid for by FDOT including the pedestrian and bikeways. They have gone above and beyond what the CRA could have paid for. This is the only option the CRA has with the FDOT for this project. Ms. Shutt explained FDOT will bid the project and design it, otherwise the CRA would have to do that and go through the permitting procedures in the future. Board Member McCray wanted, in addition to Ocean Avenue, to include Gateway. He favored removing the pavers on Boynton Beach Boulevard and making the roadways beautiful as they will be a focal point with the Town Square. 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 He proposed to increase the line item from $230,000 to $287,000 or whatever it would take including enhancing Ocean Avenue because it would be a destination. Chair Grant asked what direction the top of the Sailfish logo should face because it makes a difference where motorists would drive. He commented a good example of this type of thermal plastic was on Fern and Tamarind in West Palm Beach. He thought having artwork on the road promotes bike and pedestrian traffic. Vice Chair Romelus requested clarification the City would have to maintain the thermal plastic and learned they would. Ms. Shutt explained it is a similar material to what is on Atlantic Avenue and NW SW 12th. It will withstand some of the heat, but there will be wear and tear on it from vehicle traffic and they would have to seal it. She did not have cost for the plastic but commented the city engineer should have those numbers. The CRA and City were part of the call and the City did not identify anything further than what the State was doing. The medians are not included in the improvements made by FDOT, only the resurfacing, restriping, bike lanes and some intersection lighting and crosswalks. Ms. Oyer asked if the thermal plastic was used for the 1-95 logos. Ms. Shutt did not know, but she had an example of the material. She suggested the top of the sailfish face towards the ocean. As per Board Member Casello and Vice Chair Romelus regarding the wear and tear, she asked about doing something on the corner or on the sidewalk such as ocean waves drawing people to the ocean. She thought there may be less wear and tear, but it would still beautify the area and all would see it. Chair Grant felt Gateway and US 1 was inviting to motorists driving north to south, and the top of the sailfish should be on the south side. Entering the City from the south, the top of the sailfish should face north. Mr. Simon had images showing the product and the intersection of Ocean, Boynton Beach Boulevard and Federal Highway and the bill of the sailfish was pointing east. Board Member McCray suggested bringing back visuals. Mr. Simon explained the issue for the Board is whether or not the CRA would pay for the thermal plastic. The Board had until December to decide which way the Sailfish bill would point. Motion Board Member Katz moved to approve the improvements at the five intersections. Board Member McCray seconded the motion. Board Member Casello thought the money may be better spent beautifying US 1 than putting thermal plastics down at intersections not knowing how maintenance would be needed and how they would be repaired in the future. The motion passed 4-1 (Board Member Casello dissenting.) C. Discussion and Consideration of Lease Terms for the Property located at 201 NE 9th Avenue 21 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 Mr. Simon explained the CRA purchased property that had a duplex and the tenant leases had different expiration dates on August 1St and May 30th. Staff was contemplating providing an extra 60 days for each resident on the lease, allowing them additional time to find another suitable home. Motion Board Member Katz moved to approve. Vice Chair Romelus seconded the motion.. Board Member Casello asked if the CRA assisted tenants with relocation fees in the past. Mr. Simon recalled they may have done so with Reverend Robinson, but as a practice, they have not. Mr. Simon would not want to extend the lease longer than the 60 days. The CRA had notified the tenants that they acquired the building and they did not know that they had to move. It was a proactive measure and once vacant, the building will be demolished. Mr. Simon pointed out the site was now part of the RFP of the lot. Chair Grant was concerned about liability, but learned the building passed the inspection report, but was informed the CRA would not want to pay for any significant repairs. Mr. Simon explained the tenants will also be paying rent. Vote The motion unanimously passed. D. Consideration of Request from the Boynton Beach Playhouse for use of the Historic Woman's Club of Boynton Beach Mr. Simon explained the CRA received a letter from the curator/operator of the Boynton Beach Playhouse on March 29th requesting the Board consider the playhouse relocating due to the Madsen Center demolition as part of the Town Square Project and use the eastern portion of the Woman's Club downstairs for performances. There is a stage and risers with seating to occupy that space with very little damage or alteration to the building. The Playhouse provides a five production series of eight shows each and a children's theater camp in the summer. They would pay $160 a month, which is their current offset to the Madsen Center. Mr. Simon explained the series occurs from November through May. Board Member McCray queried if the shows would interfere with rentals at the Woman's Club and learned it could potentially affect the upstairs rental during their season. On Friday and Saturday nights, the upstairs of the building could not be rented, nor could both floors be used at the same time on any night. He clarified there are some weekends no shows are planned and those are the weekends the Woman's Club could be rented. Peter Pagliaro explained the shows are held on three consecutive weekends consisting of Friday, Saturday and Sunday for two weekends and only Friday and Saturday on the 22 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 third weekend. Generally, each new production is four to six weeks apart. Board Member McCray asked how much the CRA would lose in rental income for the top floor and learned it would be $2,500 plus other fees per event. Board Member Katz noted dedication to one entity would result in the loss of rentals at the facility, and he did not want to reserve months worth of weekends during peak season. The CRA just acquired the property and was attempting to market it. Using the building by the theater could compromise what the CRA was seeking to do. The Board did not want to let everyone in on a charitable basis and the shows would hinder the CRA's ability to make the facility profitable. He did not support renting the facility to anyone unless the cost was equal to the cost of a reservation. Board Member Casello saw several plays and noted pest control at the Madsen Center is $150 a month. Using the Women's Club would result in an increase in monthly costs such as utility costs and the City has no means to absorb or pay for them. He hoped when the High School was up and running, there might be space to hold the performances. He commented due to the earlier mentioned issues, he could not support the request and further added the parking was terrible. Mr. Pagliari commented that five years ago, at a meeting with the City Manager and former CRA Director Vivian Brooks, they thought they would someday move into the Old High School and be the cultural hub of the new Town Square until a month ago. He received a call from the City Manager to look at the Old High School, and then a few days later was informed it was not an option. He explained Atlanta, Georgia allowed its community theater to perform in the back of the big theater of an old high school in the black box. The builder who constructed their current location also told him he could dismantle and reassemble it in a new location within a week. Board Member Casello asked if the Playhouse had a Plan B and learned they did not have anything concrete. Mr. Pagliari explained this year was their 26th consecutive year in business without a payroll. They have lost space before, but were able to immediately find a new location. The community theater is an all-volunteer organization. They have been in Boynton Beach for six years and culturally put Boynton Beach on the map. They thought the cultural partnerships were amazing and it is give and take. The volunteers do not take a paycheck. They do it for the residents and to enhance the City's cultural element. He thought with the Town Square, nothing was more important than having a cultural component such as a live stage theater. He commented West Palm Beach and Lake Worth have one and it draws people who also stop and eat at the restaurants, shop at the shops and drink at bars after the show. Mr. Pagliari explained the Playhouse draws these individuals because their budget is used for advertising in the Sun Sentinel and Palm Beach Post. He reiterated they were not present for their own motives, only the love of the art. Chair Grant requested clarification the playhouse was not asking to use the west side of the Old High School and learned they were not. He thought the Board does not know 23 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 what they can get from the Woman's Club. He proposed to give them a one-year lease as it will draw people to the CRA district, Secret Garden, Hour Cucina and other new restaurants. He thought they could have dinner theater with the Woman's Club. They may not be making as much money as they could, but it is not their vision to make the Woman's Club into a catering hail. He thought the CRA should fine tune the expenditures as they would most likely need valet parking, and there are added costs for utilities and cleaning after each show. The Playhouse was always subsidized. When the Board rented it out for $1 a year for the Madsen Center and the air conditioner broke, the Playhouse contributed $1,000 for its repair. Chair Grant thought the City would get more advertising from the Woman's Club by having a Piayhouse than by the CRA's own marketing. If they wait a year, they may not have this option. He noted the Boynton Beach Woman's Club needs a new roof and they may not be able to rent the top floor. There are unknowns and variable costs, but with marketing and new restaurants, it could be a dinner theater. He commented the Woman's Club was always supposed to have a community component. Board Member McCray explained the Playhouse originally came to them out of desperation, but it was not a long-term agreement. The CRA had a marketing plan for the building. He asked if they would consider using the Senior Center and a hall that is not used. He thought there were events ongoing, but not on weekends. Mr. Pagliari explained in order to continue to be successful, they have to be able to get in there any time for rehearsals during the days, evenings, weeknights and weekends. . Board Member Katz did not want to see them turned away or find another location or City facility. If the Woman's Club is the only option, he thought they may be able to change some of the show runs. He would not be opposed to using the space but on a more limited basis including using it less on weekends or alternating weekends. There is a compromise including addressing the cost as he did not think $160 would be sufficient. He thought staff could review using different locations so it would not be inoperable during stretches of time in season. He appreciated what the Playhouse does, but the location cannot be used exclusively by one entity for an extended length of time. He hoped there would be a compromise Board Member Romelus had a print out of current events at the Woman's Club since July. She asked if the Playhouse could move production dates to less popular months. Mr. Pagliari explained they choose the dates according to the season, which is November through May, as snowbirds return home after Easter. He announced they have to hold the plays on three consecutive weekends. The members have families and jobs and they need a structured schedule. The Playhouse already reduced the number of plays and they could not make further cuts. Motion 24 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 Board Member McCray moved to table this item. He did not want to lose what they had in the Madsen Center and was informed demolition would not occur right away. Board Member Katz thought he and the City should get together quickly to develop a timeline. He advised he will email City staff to inform them of timetable and look at other options. He seconded the motion to table. Mr. Pagliari explained the City Manager never said why they could not move into the cultural center Board Member Casello asked if it was because they need current space and storage, and there was no more room on the first floor and the second floor was too big. Mr. Pagiiari agreed but had asked for a small space in the back on the second floor. He was unsure of the square footage on the top floor, but commented they only need 1,200 square feet. Board Member Katz commented at this time, the City is not in a position to make that decision and anyone who made a commitment to him in the past spoke out of turn. Vice Chair Romelus thought the Playhouse would run into the same issue with this building. A portion of the high school would be used for weddings and conferences and they will experience the same problem and lose revenue. She favored City staff speak about using other facilities rather than tabling the item. Lori LaVerriere, City Manager, explained their need is for permanent space. When they set up their sets for a show they leave it there and they cannot move it so the permanent space needs was a challenge for them on the first floor with all of the recreation programs. Staff can look at the program needs of the art and civic centers but Ms. LaVerriere noted it is already a challenge to maintain the City's current program levels and they want to eliminate some recreation programs to accommodate this. The upstairs conference space will be used by the hotels for conferences and large venues. They cannot partition the areas upstairs. There are more classroom settings for Zumba and dance and art classes. She advised they will revisit the programming. Vice Chair Romelus did not want to remove programs. She asked if there were other facilities that could be used. Ms. LaVerriere explained they looked. The backroom is a nice space, but it is permanent space. They have to setup, stay there, rehearse and have access. The Playhouse needs dedicated space. She did not know about using the Senior Center. She would speak with Mr. Majors to review the issue and bring something back. Chair Grant commented there is some information about how the Woman's Club is being used and what dates are booked. The Board acquired the Woman's Club in November, but they have records dating back to the prior July. He noted the Woman's Club is not advertised as a for-profit business and there are costs. He asked if the Woman's Club pays for itself and learned they are operating at a loss. It will not hurt the CRA by having the Boynton Beach Playhouse occupy it for a year on a temporary basis. It is an opportunity for the CRA to have people visit because next year there will be no Movie in the Park or Music on the Rocks unless they find a new venue. Mr. Simon thought there was room to work with the Playhouse, but no matter where the Board considers, it is a 25 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 subsidized enterprise. The Playhouse does not generate revenue for the space they occupy no matter where they are. There are 11 to 13 weekends with no shows and 15 weeks there are, and there are months there are no rentals so it would not interfere. There is an opportunity to generate attention to the building by having the Playhouse there or partner with other businesses. Staff would do all they could and hoped the Playhouse would do all they could to make it affordable for both parties and have a partnership. Board Member McCray asked what the hours of the performances were and learned the evening performances begin at 8 p.m. and end around 10 p.m. The Sunday Matinees start at 2 p.m. to about 4 p.m. Board Member McCray asked how the Playhouse would feel if there was a wedding occurring during production. Mr. Pagliari explained they would not be able to have a live play on stage with a DJ upstairs as it would interfere with the play. Board Member McCray thought they may be able to work around the timing. He wanted to table the item. Vote The motion unanimously passed. Barbara Ready explained she is on the Board of Directors for the Historical Society, and they met at the Woman's Club for many years paying $500 a year and they were chased off by the increase in the fees. She commented she would love to rent the club for $160. She thought fair was fair. E. Consideration of Transfer of the CRA Owned Property Located at 201 NE 1st Avenue for Use in the Town Square Project Motion Board Member Katz moved to approve. Board Member McCray seconded the motion that unanimously passed. 15. CRA Advisory Board A. CRA Advisory Board Agenda -April 5, 2018 B. Pending Assignments 1. None C. Reports on Pending Assignments 1. None 26 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 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 Attorney Rossmell requested the Board's authorization for Mr. Simon to execute an amendment to the agreement that was discussed in reference to the Hoggins item. It will be revised and approved before the next meeting. It would be a draft, but if the Board wanted to keep the item moving and give Ms. Hoggins the opportunity to go to the Bank before the next meeting, it would need to be signed. Motion Board Member McCray so moved. Board Member Katz seconded the motion that unanimously passed. 17. Adjournment Motion There being no further business to discuss, Board Member McCray moved to adjourn. The motion was duly seconded and unanimously passed. The meeting was adjourned at 9:45 p.m. Catherine Cherry Minutes Specialist 27 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CONSENT AGENDA AGENDAITEM: 10.E. SUBJECT: Consideration of the Revised CRA Human Resource Policies and Procedures Manual SUMMARY: As a result of the CRA Board's approval of engaging Ford Harrison Global HR Lawyers, Inc. to act as the Agency's "Human Resource Designee", CRA staff and legal counsel have made recommended revisions to the existing Human Resource Policy and Procedure Manual in the policy areas related to Human Resource (HR) Designee and the existing Employee Receipt and Acceptance form, reference language to the term Family Medical Leave Act, and revised language recognizing the Executive Director's ability to approve an employee's request for pay out of a limited portion of accrued vacation or sick time during the fiscal year(see Attachment 1). FISCAL IMPACT: Fiscal Year 2017-2018 Budget, General Fund Line Item #01-59000-161 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Agency CRA BOARD OPTIONS: 1. Approve the recommended revisions to the CRA Human Resource Policies and Procedures Manual as presented and approved by CRA legal counsel. ATTACHMENTS: Description D Attachment 1 - Human Resources Policies & Procedures Manual with Proposed Language t dlltit4 °f��d <,a12 t7 ,4 tl7rt{Q s0 it E� fi tk{fit zl ; t 'S. m 7, l�iitff -1 BQYNTO SIM= wBft E RA HUMAN RESOURCES POLICIES & PROCEDURES MANUAL Revised: Mav 2018 Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 (561) 737-3256 - Fax (561) 737-3258 www.catchboynton.com 00950371-2 Table of Contents SECTION 01: GENERAL PROVISIONS 1-1 Purpose 1 1-2 Positions Covered by These Policies 1 1-3 Approval and Amendment of Policies 1 1-4 Definitions 1 1-5 Human Resources Administration 4 SECTION 02: RECRUITMENT, SELECTION AND EMPLOYMENT 2-1 Equal Employment Opportunity Statement 5 2-2 Recruitment 6 2-3 Employment Applications 6 2-4 Selection Procedures 7 2-5 Type of Employees 7 2-6 Disqualified Persons 7 2-7 Interviewing Process 7 2-8 Recommendation for Employment 8 2-9 Employment Acceptance 8 2-10 Disqualification for Employment 9 SECTION 03: EMPLOYMENT PROVISIONS 3-1 Probationary Period 9 3-2 Terminations 10 3-3 Performance Evaluations 10 3-4 Harassment and Sexual Harassment 11 3-5 Workplace Violence 13 3-6 Formal Grievances 16 3-7 Personnel Actions 17 3-8 Code of Conduct and Disciplinary Provisions 18 SECTION 04: CLASSIFICATION & PAY PROVISIONS 4-1 Classification Provisions 27 4-2 Pay Provisions 27 4-3 Hours of Work/ Overtime / Compensatory Time 27 00950371-2 11 SECTION 05: EMPLOYMENT CONDITIONS 5-1 Outside Employment 28 5-2 CRA Equipment 29 5-3 Address & Telephone Numbers 29 5-4 Political Activity 29 5-5 Resignation 29 5-6 Drug Free 30 5-7 Accommodations for Employees with Disabilities 40 SECTION 06: EMPLOYEE BENEFIT PROGRAMS 6-1 Vacation Leave 40 6-2 Sick Leave 41 6-3 Holidays 42 6-4 Compassionate Leave 42 6-5 Jury Duty 43 6-6 Military Leave 43 6-7 Disability 45 6-8 Life Insurance 45 6-9 Leave Without Pay 45 6-10 Medical, Dental, Vision, Life Insurance 46 6-11 Retirement 46 6-12 Domestic Partner Benefits 47 SECTION 07: CREDIT CARD POLICY 7-1 Policy 50 SECTION 08: COMMUNICATIONS SYSTEMS POLICY 8-1 Statement of Policy 56 8-2 No Expectation of Privacy 56 8-3 Use of Systems for Harassment 56 8-4 Non-solicitation; Outside Employment 57 8-5 Software 57 8-6 Termination 57 8-7 Reporting 57 00950371-2 111 SECTION 09: MISCELLANEOUS 9-1 Personal Appearance/Dress Code 57 APPENDIX: HIRING AND TERMINATION POLICIES AND 61 PROCEDURES MANUAL 00950371-2 1V SECTION 01: GENERAL PROVISIONS 1-1 PURPOSE- These policies are to provide guidance in the administration of the CRA's employees. It is the intent of these policies to ensure that CRA employees will be dealt with on an equitable basis, so that the citizens of the CRA area may derive benefits and advantages as a result of a competent CRA staff. It is the responsibility of all CRA employees to read and abide by all provisions of all policies even as amended from time to time. 1-2 POSITIONS COVERED BY THESE POLICIES- The policies shall apply to all non-contract employees. These policies shall also apply to employees with individual employment contracts, if incorporated by reference into the employment contract. 1-3 APPROVAL AND AMENDMENT OF POLICIES- These policies shall be in force and in effect when approved by the CRA Board and replace existing policies and procedures. The CRA Board may amend these policies from time to time unless another means of amendment is specified in this document. 1-4 DEFINITIONS: • ADMINISTRATIVE REVIEW — Review and approval of a personnel action by the CRA Executive Director. • APPEAL — A request by a regular employee for consideration by the CRA Executive Director or Designee as applicable. • CLASSIFICATION PLAN — A Systemic arrangement of positions with a similar range of duties, level of responsibilities and nature of work per formed. • CONTINUOUS SERVICE — Employment that is uninterrupted by separations of employment, layoffs, etc. • CONTRACT EMPLOYEE — An employee under an individual employment contract with the CRA Board. Contract employees do not have any rights or benefits other than what is specifically stated in their individual employment contract. • DEMOTION —Assignment of an employee to a position in a lower class having a lower maximum salary than the position from which the assignment is made. 00950371-2 1 • DISMISSAL — The discharge of an employee from his/her position with the CRA. The terms termination and dismissal are interchangeable. • EMPLOYMENT CONTRACT — An individual contract that provides a non-regular employee with a written agreement of employment terms. • EXEMPT EMPLOYEE — Any employee whose position is ineligible for overtime as determined by the Fair Labor Standards Act ("FLSA"). • FULL-TIME EMPLOYEE —A regular employee who is scheduled to work a minimum of thirty-six (36) hours per week. • GRIEVANCE — Formal notice of dissatisfaction by a regular employee who feels he / she have been unjustly treated in cases regarding their employment. • HIRE DATE —An employee's date of hire or re-hire, whichever is later. • IMMEDIATE FAMILY — Is defined as follows- father, mother, brother, sister, spouse, child, father-in-law, mother-in-law, brother-in-law, sister- in-law, son-in-law, daughter-in-law, grandchild, grandparents or foster parents, foster child, step-mother, step-father or step child of an employee. A domestic partner shall be considered the same as a spouse. • INITIAL PROBATIONARY PERIOD —A ninety (90) day calendar period of time beginning with the employee's hire date. Leaves or breaks in service without pay for more than fifteen (15) working days may cause this date to be extended by the actual number of work days missed. During the Initial Probationary Period, an employee may be terminated without notice and without cause. • JOB ANNIVERSARY / CLASSIFICATION DATE — the effective date of a promotion or demotion action. • LAYOFF — Dismissal from employment because of shortage of work or funds, or because of changes in the organization. • NON-EXEMPT EMPLOYEE — Any hourly employee whose position is eligible for overtime after forty (40) hours of work per week as determined by the Fair Labor Standards Act. • OVERTIME PAY — Pay for overtime or compensatory time worked in excess of a non-exempt employee's forty (40) hour workweek. • PART-TIME —Appointment to a position that usually requires a working schedule less than thirty-six (36) work hours per week. 00950371-2 2 • PAY PLAN - A formal schedule of pay ranges containing a minimum, mid point and maximum value for all job descriptions. • PAY RANGE —The minimum and maximum pay established by the CRA Board for budgeted positions. • PERFORMANCE APPRAISAL — Assessment of how well an employee has performed during a period of time. • POSITION PROBATIONARY PERIOD — A ninety (90) day calendar period of time beginning with the effective date of a promotion or demotion of a regular employee. Leaves or breaks in service without pay for more than fifteen (15) working days may cause this date to be extended by the actual number of work days missed. During the Position Probationary Period, an employee may be returned or demoted to their former position without notice and without cause. • PROBATIONARY EMPLOYEES — Any employee who is serving in a new position either by appointment, promotion or demotion. Promotions or demotions occurring within the established initial probationary period shall cause an employee to begin a new initial probationary period. • PROMOTION - The assignment of an employee to a position in a higher class having a higher maximum salary than the position from which assignment is made. • RECLASSIFICATION - The change of a job classification due to a change in or an increase or decrease in the assigned duties and responsibilities of the position. • REGULAR EMPLOYEE — An employee who has achieved regular status after completing the established or applicable probationary period. • SUSPENSION — The separation with or without pay of an employee for a period of time. Exempt employees shall be subject to no less than one week suspensions without pay. • TEMPORARY EMPLOYEE — An employee in a position other than regular full-time or part-time who works less than forty (40) hours per week. • TEMPORARY POSITION —All positions that are not designated regular budgeted positions. • VACANCY — An existing or newly created position, which is not occupied. 00950371-2 3 • WORKWEEK — The established forty (40) hour period of time that constitutes the workweek for Fair Labor Standards Act purposes. Non- exempt employees are not eligible for overtime compensation until after completion of forty (40) hours in the workweek. 1-5 HUMAN RESOURCES ADMINISTRATION- The CRA Board A. Considers and adopts the Human Resources Policy & Procedure Manual. B. Approves recommended Classification and Pay Plan(s) as needed. C. Approves appointments and removals for positions that require employment contract. D. Authorizes all new CRA positions, assigns funding for pay ranges and authorizes recruitments. The CRA Executive Director A. Is responsible to the CRA Board for the administration of the Human Resources Policy and Procedure Manual. B. Recruits, appoints, promotes, transfers or removes, demotes, suspends, dismisses or disciplines all subordinate employees. C. Performs all duties and exercises all powers in personnel. D. Administers the recommended and approved pay plan. E. Administers an effective payroll system. F. Develops and implements effective training programs for employees. G. Recommends such policies or revisions in compliance with prevailing legislation. H. Administers the employee benefits programs. I. Administers an effective disciplinary program. J. Administers an effective performance appraisal program. K. Prepares and recommends to the CRA Board job descriptions, classification and pay plans and amendments or revisions. 00950371-2 4 L. Encourages employees to promptly and honestly report any incidents or allegations of workplace risks or wrongdoing to their supervisor or other appropriate CRA personnel. SECTION 02: RECRUITMENT, SELECTION & EMPLOYMENT The CRA Hiring and Termination Policies and Procedures Manual is incorporated herein (see Appendix). 2-1 EQUAL EMPLOYMENT OPPORTUNITY ("EEO") STATEMENT: The CRA is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, handicap (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), sexual orientation, marital status, or veteran status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. The principles and policies of equal employment opportunity apply to the selection and treatment of independent contractors, temporary personnel or any other persons doing business for or with the CRA. Employees who feel they have been discriminated against should contact the Executive Director, the CRA designated human resources representative or a Board member. Any CRA employee who discriminates against another employee in violation of this policy is subject to discipline up to and including termination. In accordance with Equal Employment Opportunity Commission (EEOC) regulation, the CRA asks that all employees voluntarily self identify race and ethnicity to the extent necessary to ensure that the CRA is in full compliance with federal and state civil rights laws and regulations, and in turn protecting the rights of all employees from discrimination. If an employee declines to self-identify, employment records or observer identification may be used. Purpose: The purpose of this Policy is to reaffirm the CRA's position regarding non- discrimination in all matters. Provisions- All recruitment activities, hiring, training, employment decisions, and personnel actions will be based on valid qualifications without regard to race, color, religion, sex, national origin, age, handicap, or marital status. 00950371-2 5 Implementation of Policy- The staff of the CRA will be responsible for the dissemination of this policy. Directors, managers and supervisors are responsible for implementing equal employment practices within each department. The Executive Director or his/her designee is responsible for the CRA's overall compliance and shall maintain personnel records in accordance with regulatory compliance. CRA practices identified herein include- A. The CRA will display posters regarding equal employment opportunity in areas highly visible to employees. B. All advertising for job applicants includes the statement "An Equal Opportunity Employer - M/F/DN." 2-2 RECRUITMENT- The CRA Executive Director shall implement effective EEO hiring procedures. The CRA Board approved Classification and Pay Plan shall be utilized by the CRA Executive Director to start the recruitment and selection procedures. Job vacancies shall be posted in such a manner and in such publications and media to promote an adequate pool of applicants. All employment discussions are to be considered non-obligatory, exploratory, and tentative in nature and indicated as such to applicants. Only authorized offers of employment made to individuals are binding on the CRA. 2-3 EMPLOYMENT APPLICATIONS: Individuals desiring consideration for employment may submit a letter of interest, or a resume to the CRA Executive Director and/or the CRA staff Human Resources ("HR") Designee. All applicants submitting a resume or letter of interest and granted further consideration shall complete an application for employment prior to any job offer. Applications will only be accepted when a vacancy occurs. Applications will be retained in accordance with Public Records laws. Applications must be signed and certified by the applicant. Incomplete applications will not be accepted. When a vacancy occurs, previously submitted applications on file may be updated for consideration, in addition to all new applications and resumes received until the established closing date or until the vacancy is filled. 00950371-2 6 2-4 SELECTION PROCEDURES- Selection processes may consist of one or more of the following- A. Background investigations, including motor vehicle driving record and criminal history check and credit check. B. Reference checks. C. Performance examination. D. Review, evaluation and verification of education, training, and experience. E. Any other applicable criteria which will fairly assess the abilities of individuals to perform the duties required for the position. Applicants considered for employment may be subject to pre-employment controlled substances screening. Applicants testing positive for any of the specified drugs will not be eligible for employment. Such applicants may not be considered for employment for a period of two (2) years following a positive drug test. 2-5 TYPE OF EMPLOYEES- CRA employees are divided into two groups, contract and non-contract. Contract employees are individuals hired by a direct employment contract for a specified duration of time that may or may not be budgeted by the CRA Board. Noncontract employees fill regular budgeted positions as authorized by the CRA Board and are not otherwise designated as contract employees. Unless otherwise provided by contract, employment with the CRA is"at-will' and may be terminated by either party for any reason or no reason. Successful completion of a probationary period does not conclude or alter the "at-will' relationship. 2-6 DISQUALIFIED PERSONS- The CRA will consider Florida Statue 112.3135 in an effort to prevent hiring practices which result in conflicts of interest. 2-7 INTERVIEWING PROCESS- Upon receipt of resumes and/or applications, the HR Designee will review and rank them in order of most qualified to least qualified and present the list to CRA Executive Director for review. At the direction of the CRA Executive Director, references will be called and background checks performed for the top candidate(s). Upon review of the reference notes by the CRA Executive Director, the HR Designee will then set up candidate interviews with the CRA Executive Director and/or HR Designee and other appropriate CRA staff. Interviews requested by the CRA for Contract Position(s) with the CRA which require the interviewee to travel more than 100 miles, but are less than 300 will 00950371-2 be reimbursed by the CRA for mileage at the applicable annual rate as designated by the Internal Revenue Service, and Per Diem expenses at the current rate designated for CRA employees. Interviews requested by the CRA for Contract Position(s) with the CRA, which require the interviewee to travel of more than 300 miles will be reimbursed by the CRA at reasonable and customary rates for airline fares, hotel expenses, Per Diem expenses (at the current rate designated for CRA employees), and rental car expense (from airport to the CRA interview location and back to the airport). 2-8 RECOMMENDATION FOR EMPLOYMENT- Once the interview process has revealed a suitable applicant and the reference checks have been completed and screening steps appear satisfactory, the CRA Executive Director is authorized to then hire that applicant for employment. The employment offer is to be made in writing and mailed or electronically submitted to the applicant. The offer can also be made verbally from the CRA Executive Director or HR Designee, but must be confirmed in writing to the applicant. 2-9 EMPLOYMENT ACCEPTANCE- Upon receiving an offer for employment, the applicant must make employment acceptance within three (3) working days of the employment offer, unless otherwise extended by the CRA Executive Director(maximum of 5 working days). If employment acceptance is declined, the CRA Executive Director may consider another applicant from the recruitment's applicant pool, or may choose to begin a new recruitment process. After starting employment, all new CRA employees must provide proof of work eligibility and verification of identity to the CRA, in accordance with prevailing laws. Employees are responsible for reading, understanding, and abiding by all CRA policies and procedures, as amended from time to time. 2-10 DISQUALIFICATION FOR EMPLOYMENT- The CRA may reject an applicant who does not possess the minimum qualifications required for the position. Failure to meet the physical requirements necessary to perform the essential functions for a particular job as determined by the CRA will also result in disqualification, if a reasonable accommodation for an otherwise qualified individual with a disability cannot be reached, or would create an undue hardship. Fraudulent conduct, false statements, or omissions by an applicant or by others on behalf of the applicant with the applicant's knowledge, in any application or examination, may be cause for the disqualification of such applicant, or termination from the CRA employment. 00950371-2 8 SECTION 03: EMPLOYMENT PROVISIONS 3-1 PROBATIONARY PERIOD- All CRA new hires shall be in a probationary status for a period of ninety (90) calendar days, unless extended by the CRA Executive Director. At the discretion of the CRA Executive Director, probationary statuses may be extended up to six (6) months upon written notification to the employee. This trial working period shall be utilized to observe an employee's performance. All promotion or demotion appointments effected within the initial probationary period shall cause the employee to begin serving a new ninety (90) day initial probationary period. All promotional appointments occurring after the ninety (90) day initial probationary period has occurred shall be deemed as position probationary periods; employees not successfully completing this position probationary period shall be returned to their previous classification status without appeal benefits. If either initial or position probationary periods are extended, no wage or salary increases shall be affected during the extension periods. Awards granted after the extensions shall not be retroactive. A probationary employee who has not successfully passed the established initial probationary period in any classification may be terminated without notice or without cause by the CRA Executive Director. The completion of a probationary period does not guarantee continued employment, nor does it alter in any way the at-will status of the employment relationship. 3-2 TERMINATIONS: Termination of employment can be made at any time, with or without cause, and shall be made in writing and need not reflect performance-related reasons. If an employee's employment is terminated, the employee shall be entitled to reimbursement for as-yet non-reimbursed expenses; accrued and unused vacation, sick and comp time; and o maximum of ninety (90) days of severance pay irector. Medical, dental, vision and life/disability benefits will be paid by the CRA through the last day of the month following the completion of the o olv i cy--' y severance period. 3-3 PERFORMANCE EVALUATIONS: A. General Provisions The employee's performance evaluation is designed to examine, review and document work performance. The ratings shall be set forth on the 00950371-2 9 applicable performance evaluation form. Each employee shall be given a copy of the evaluation form, shall have the opportunity to discuss it with the employee's supervisor, and comment on the evaluation in writing. Employees may appeal their evaluation to the CRA Executive Director within five (5) working days of receiving their performance evaluation. Such appeals must state the reason for the appeal, the facts supporting the employee's case, and any other pertinent information relevant to the matters at hand. The CRA Executive Director shall schedule an appeals meeting within fifteen (15) working days of receipt of the appeal, preside over the appeals meeting, and render a decision on the matter within fifteen (15) working days of the appeals meeting. All decisions of the CRA Executive Director are final. B. Frequency of Performance Evaluations Performance evaluations are completed annually with the first coinciding with the successful passing of the initial probationary period and/or position probationary period, and annually thereafter coinciding with CRA's fiscal year, i.e. by September 30th. Special evaluations may be conducted at any time with the approval of the CRA Executive Director. C. Performance Evaluation Rating Procedure The direct supervisor of the employee shall be responsible for obtaining the appropriate evaluation form and completing the evaluation. An employee must sign and date the completed evaluation form indicating that he/she has discussed and received a copy. The signature does not mean he/she agrees with the evaluation. If the employee refuses to sign the form, it should be so indicated by the CRA Executive Director or direct supervisor in the space provided for the employee's signature. 3-4 HARASSMENT AND SEXUAL HARASSMENT The CRA is committed to a professional work environment in which all individuals are treated with respect and dignity and is free of unlawful harassment and discrimination. Each individual has the right to work in an atmosphere that promotes equal opportunities and prohibits discriminatory practices including sexual and other forms of harassment. Prohibited are offensive behaviors based on race, religion, age disability, sex, sexual orientation, national origin, and other protected class status. A. Scope 00950371-2 10 This policy applies to all applicants, staff members, vendors, consultants, and guests. Any employee who engages in such conduct or encourages such behavior by others shall be subject to disciplinary action up to and including dismissal. B. Definition Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when for example- (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual- (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. C. Behaviors Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances these behaviors may include, but are not limited to- unwanted sexual advances- subtle or overt pressure for sexual favors; sexual jokes-, innuendoes; advances or propositions; verbal abuse of a sexual nature; graphic commentary about an individual's body, sexual prowess or sexual deficiencies; leering, whistling, touching, pinching, assault, coerced sexual acts, or suggestive, insulting or obscene comments or gestures; display in the workplace of sexual suggestive objects or pictures; and other physical, verbal, or visual conduct of a sexual nature. D. Reporting an Incident of Harassment Whether they are the victim, a witness or someone who receives information regarding harassment, it is the duty of all employees to report harassment to their direct supervisor. Employees should also direct any questions concerning the CRA's harassment policy to their direct supervisor. If the Direct supervisor is involved in the complaint or report, or if the employee feels uncomfortable communicating their report or question to a direct supervisor, reports or questions should be immediately directed to the Executive Director, the CRA's Human Resources designee or members of the Board. E. Administrative Investigation Reported allegations of harassment will be investigated promptly. A written statement will be requested of the complainant. 00950371-2 11 The investigation will be handled with sensitivity and confidentiality to the extent allowed by law and to the extent practical and appropriate under the circumstances. An employee found to have provided false or misleading information, or who does not fully cooperate with an investigation may be subject to disciplinary action. The CRA will provide an administrative response that will indicate corrective actions, if any, to the employee filing the complaint and to the individual(s) involved the harassment. F. The CRA will make every effort to ensure that individuals named in a harassment complaint or closely associated with employees involved in the complaint will not conduct the investigation. If necessary for completion of a fair investigation, the CRA may, at its discretion, engage a neutral third party to conduct investigations of harassment complaints. G. Retaliation Retaliation against an individual for reporting alleged harassment or assisting in providing information relevant to a claim of sexual harassment is a serious violation and will be treated with the same strict discipline, as would the harassment itself. Acts of retaliation should be reported immediately and will be promptly investigated. Training shall be conducted on a periodic basis to raise awareness of harassment issues and remedies of same. H. Disciplinary Action Violations of this policy may result in disciplinary action as follows- 1. ollows-1. Findings of false or malicious statements intended to harm another individual shall result in immediate disciplinary action. 2. Failure to act upon gaining knowledge of violations of this policy may result in disciplinary action. 3. Failure to truthfully cooperate with an investigation of this nature may result in disciplinary action. I. "Unintentional' harassment 00950371-2 12 This policy is not intended to interfere with or discourage friendship or social discourse among employees. However, employees must be sensitive to comments, acts or conduct that would likely be considered offensive by others. Even conduct that is not intended to constitute "harassment" may violate the terms of this policy. If an employee expresses concerns that the behavior of another employee may have violated this policy, all employees should respect those concerns. 3-5 WORKPLACE VIOLENCE POLICY The CRA provides a safe workplace for all employees and is committed to preventing workplace violence. To ensure a safe workplace and to reduce the risk of violence, all employees should review and understand all provisions of this workplace violence policy. Based on its commitment to preventing workplace violence, the CRA has adopted the following guidelines to deal with intimidation, harassment, or other threats of (or actual) violence that may occur and all provisions of this workplace violence policy. A. Scope All full-time and part-time, active employees are covered under this policy. B. Prohibited Conduct and Behavior We do not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making threats or engaging in violent activities. This list of behaviors, while not inclusive are prohibited- • Causing physical injury to another person-, • Making threatening remarks-, • Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress-, • Intentionally damaging employer property or property of another employee-, �usiness;Possession of a weapon while on CRA property or while on CRA �omestic Committing acts motivated by, or related to, sexual harassment or violence. C. Reporting of Incidents 00950371-2 13 All threats or actual violence, both direct and indirect, should be reported as soon as possible to your immediate supervisor or member of management. This includes threats by employees, as well as threats by customers, vendors, solicitors, or other members of the public. All suspicious individuals or activities should also be reported as soon as possible to a supervisor. Do not place yourself in peril. If you see or hear a commotion or disturbance, do not try to intercede or see what is happening. There are often warning signs of violence in the workplace. Please review the following list of warning signs, keeping in mind that demonstration by an individual of one or more of the actions below does not necessarily indicate violence. • Increase in use of alcohol or any use of drugs. • History of violent or aggressive behavior. • Displays of a loss of control, (e.g., frequent loss of temper for unsubstantiated reasons, or over minor issues). • Making any threats (serious, joking or veiled). • Intimidating others by any means. • Expressing a strong desire for a personal or romantic relationship with a co- worker who does not reciprocate. • Expressing a consistent and strong feeling of being "disrespected". Harboring resentment for criticism. • Expressing desperation, frustration or depression over recent professional, personal or financial problems. • Fascination with other recent incidents of violence and approval of the use of violence. • Disregard for personal safety. • Demonstrating a lack of conscience by cruelty towards others or animals. • Vandalism. • Failure to acknowledge the rights or feelings of others. • Having been bullied or a victim of violence by others. Any potentially dangerous situations must also be reported immediately to a supervisor, the HR designee or Executive Director. Reports can be made anonymously and all reported incidents will be investigated. When reporting a threat of violence or violent act, the employee should be as specific and detailed as possible. 00950371-2 14 Reports or incidents warranting confidentiality will be handled appropriately and information will be disclosed to others only on a need-to-know basis. All parties involved in a situation will be counseled and the results of investigations will be discussed with them. The CRA will actively intervene at any indication of a possibly hostile or violent situation. Any employee who obtains a restraining order against any person must immediately notify their direct supervisor. The CRA is committed to providing a safe workplace for all employees and can only do so if it receives information concerning individuals who are required to maintain a distance from CRA property and/or employees. D. Procedures All employees should be treated with courtesy and respect at all times. Employees are expected to refrain from fighting, "horseplay," or other conduct that may be dangerous to others. Firearms, weapons, and other dangerous or hazardous devices or substances are prohibited on the work premises of the CRA without proper authorization. Violence or the threat of violence that intimidates, or coerces an employee or a member of the public will not be tolerated. This prohibition includes all acts of harassment, including harassment that is based on an individual's sex, race, age, or any characteristic protected by federal, state or local law. If you witness a violent situation or are dealing with a threatening or violent person do not place yourself in danger or try to intercede. The following actions have proven to be effective- • Remain calm. • Keep a distance of at least 6 feet if possible. • Do not touch the threatening or violent individual. • Maintain eye contact, without "staring them down". • Actively listen and respond to the individual. • If a supervisor or other appropriate authority can be safely notified of the situation without endangering others, do so. E. Investigation The CRA will promptly and thoroughly investigate all reports of threats or actual violence as well as suspicious individuals or activities. The identity of the CRA individual making a report will be protected as much as is practical. In order to maintain workplace safety and the integrity of its investigation, the CRA will suspend employees, either with or without pay depending on the investigation and circumstances. 00950371-2 15 F. Disciplinary Action Anyone who it is determined to be responsible for threats or actual violence or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action up to and including termination of employment. The CRA encourages employees to bring disputes or differences with other employees or others to the attention of their supervisors, the HR designee or Executive Director before the situation escalates. The CRA is committed to assist in the resolution of disputes. 3-6 FORMAL GRIEVANCES- It is the policy of the CRA to anticipate and avoid occurrences of formal grievances and to deal promptly with formal grievances that may arise. Employees who believe they have suffered wrongdoing by another employee or supervisor should not confront any individual by whom they believe they have been wronged. Any grievance against another employee or supervisor must be submitted in writing pursuant to this policy. All formal grievances must be in writing and must include the nature of the grievance and all the facts supporting the grievance. This written document must be submitted to the employee's direct supervisor, unless the supervisor is the party named in the grievance or closely associated with the party named in the grievance. If the employee is not comfortable reporting to a supervisor, the employee may file a grievance with an HR designee or Executive Director. The primary purpose of this grievance procedure is to determine what is right, not who is right. Free discussion between employees and the HR Designee will lead to better understanding of practices, policies and procedures, which affect employees. Discussion will serve to identify and help eliminate conditions, which may cause misunderstandings prior to the filing of written formal grievances. The CRA Executive Director shall establish rules for the processing of formal grievances. Rules may be amended from time to time, but should have as their objective the prompt and efficient disposition of a formal grievance. Formal grievances are to be initiated by employee within ten (10) working days of the event giving rise to the grievance or the grievance is waived. Once initiated the time sequence for review and response to the employee should not exceed twenty (20) working days. Decisions by the HR Designee can be appealed to the CRA Executive Director. In the event the grievance involves the CRA Executive Director, the employee can request the decision be appealed to the CRA Board Designee. The decision of the CRA Executive Director or CRA Board Designee regarding the disposition of the grievance is binding and not subject to further review or consideration. 00950371-2 16 3-7 PERSONNEL ACTIONS- A. Promotion Upon promotion, an employee shall receive an increase to the minimum pay rate of the new position, or up to 10%, whichever is higher. In no case shall the new salary exceed the maximum pay established for the position. Promoted employees shall serve a ninety (90) day position probationary period and may be demoted without notice and without cause during the position probationary period. B. Demotion Upon demotion, an employee shall receive a decrease in pay of a minimum of 5%, or up to 10% if previously promoted to the higher level classification and awarded that amount for the promotion action, or greater if a higher amount of decrease is necessary in order not to exceed the maximum rate of pay for the lower level position. In no case shall the new lower pay rate exceed the maximum of the pay range established for the lower level position. There may be circumstances which result in demotion that are not due to the employee's job performance, conduct, and/or disciplinary actions. These include, but are not limited to, organization restructuring and decrease in operating revenues. Such demotion shall not be punitive and pay adjustments will be determined by the CRA Executive Director. The Executive Director may choose to make the employee's pay at the lower level position no greater than the maximum established for the position; however, the Executive Director may also set the pay level to exceed the maximum for the position in special circumstances. C. Demotion Approvals and Appeal All demotions and resulting adjustments in an employee's pay rate shall receive the prior review and approval of the CRA Executive Director. Demoted employees not serving within an established probationary period may appeal the demotion action in writing within two (2)working days of written notification of the demotion. The CRA Executive Director shall schedule an appeals meeting within ten working (10) working days of receipt of the employee appeal. The written appeal must state the reason for the appeal and all facts supporting the appeal. The CRA Executive Director shall preside over the appeals meeting and render a decision within twenty (20) working days of the appeals meeting. The demotion action shall be effective regardless of any appeal request. The demotion may then be overturned by the CRA Executive Directorwhen a decision has been made. The decision of the CRA Executive Director is binding and not subject to further review or consideration. 00950371-2 1 3.8 CODE OF CONDUCT & DISCIPLINARY PROVISIONS- A. Purpose The CRA anticipates that its employees will conduct themselves appropriately, both on and off the job. As a service entity, we must treat our customers in a courteous and respectful manner at all times and our conduct must be consistent with the CRA's goals and objectives. We recognize, however, that there will be instances when employees may act in a manner that is not consistent with the CRA's goals and objectives and the CRA Board's expectations. To address these situations, a disciplinary process has been developed to enable the CRA Executive Director to resolve issues related to unacceptable performance and misconduct. The CRA's goals in establishing such a process are both to ensure that employees understand the potential consequences of inappropriate behavior and to assist them in recognizing the severity of such consequences, with the hope that disciplinary sanctions, if required, will encourage the individual to personally resolve whatever concerns exist with respect to either inadequate performance or personal misconduct. All employees of the CRA have a duty to promptly report actual or suspected occurrences of illegal or unethical behavior or workplace wrongdoing by other employees or supervisors; and may do so without fear of retaliation or retribution. The CRA prohibits retaliation against any employee because of the employee's good faith reporting of such activities. Any CRA employee, regardless of title or position, who engages in such prohibited retaliation is subject to disciplinary action, including termination. B. Provisions 1. Conduct unbecoming of a CRA employee is defined as employee behavior or actions, on the part of the employee, which hinders or jeopardizes the successful operation of the CRA, undermines teamwork and cooperation among CRA employees, or undermines the public confidence in the CRA or its employees. 2. Counseling and written reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individual's growth, development and most importantly, to insure the successful operation of the CRA and its services. However, in certain circumstances, punitive discipline actions will be necessary. There is no "fixed formula" for discipline. Management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance, or severity of the incident. 00950371-2 18 3. Although progressive disciplinary actions are encouraged when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline. 4. A number of factors should be considered in determining the appropriate level of discipline to be taken at each successive step. Such factors may include time intervals between offenses, effectiveness of prior disciplinary actions, insubordination, employee willingness to improve, overall work performance and teamwork. 5. Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate disciplinary measure. 6. The level of misconduct may differ in individual cases from apparently similar incidents. The CRA retains the right to treat each occurrence on an individual basis without creating a precedent for situations which may arise in the future. This case- by-case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the retained rights of the CRA, but are to be used as a guide. 7. The failure of immediate supervisors to document and/or take disciplinary actions for misconduct, or the failure to forward the completed disciplinary documents to CRA Executive Director shall serve as grounds for disciplinary action. 8. After a period of one year for a Verbal Warning, two years for a Written Reprimand, and five years for a Suspension, discipline will not be considered for purposes of future disciplinary actions or promotions. However, these items will remain in the employee's personnel file. Verbal warnings or verbal reprimands are not considered as disciplinary action. C. Examples of Misconduct The following types of infractions, offenses, or misconduct shall represent employee noncompliance with rules, regulations, policies, practices or procedures of the CRA, or employee wrongs or offenses which violate permissible behaviors or are specifically prohibited by law. The listed reasons are for informational purposes only and are not meant to be exhaustive. Each disciplinary action shall be considered on a case-by-case basis. The following are examples of violations which shall result in disciplinary action- 1. ction-1. Conduct unbecoming of a CRA employee, as specified in the Definitions section. 00950371-2 19 2. Abuse of CRA policies including, but not limited to- • abuse of sick leave privileges, sick leave policy or excessive absenteeism • job abandonment defined as two or more work days without reporting to work and without notification of the employee's supervisor • failure to notify CRA of current address and telephone number within ten (10) calendar days of change • failure to report any outside employment • possession of a firearm or concealed weapon on CRA property or while performing official CRA duties • suspension or revocation of any required job-related licenses or certifications • use of abusive language to or about an employee, co-worker, supervisor, or the public • insubordination, meaning the failure to recognize or accept the authority of a supervisor • threatening, either verbally or physically, a co-worker or supervisor. 3. Abuse of departmental procedures and work rules including, but not limited to- • failure to provide name and official title to any person requesting same when performing work related duties • habitual extension of lunch periods or break period • habitually late for work without valid reason • smoking in prohibited areas • unauthorized solicitation, posting of material, or non-productive behavior • disrupting or hindering departmental operations • outside employment which conflicts, interferes or otherwise hampers the performance of the employee in their CRA job • unauthorized personal use of CRA equipment or funds • improper use of CRA time for conducting personal or private business • other department rules as communicated by the CRA Executive Director or supervisor. 4. Documented failure of a supervisor to perform duties required of supervisory employees including recommending and/or taking disciplinary actions when necessary. 5. Violation or disregard of CRA's Safety Policy and Procedures including- 00950371-2 20 • unauthorized use or unsafe operation of CRA property, equipment or vehicles. • failure to report an on-the-job injury or accident within 24 hours to immediate supervisor • supervisor's failure to report an employee's on the job injury to the CRA Executive Director within 24 hours and/or completion of necessary documentation. 6. Illegal, unethical or improper acts including- • theft or removal of CRA property without proper authorization • falsifying employment application or concealing information during pre-employment screening or processing • soliciting or accepting an unauthorized fee or gift • giving false information, or failure or refusal to fully cooperate or provide full, truthful information in CRA initiated investigations • possession, use or sale of illegal drugs, alcohol or prescription medication which alters the employee's performance on the job-, or any confirmed positive drug test • possession or use of alcohol while on duty; or reporting to work under the influence of alcohol • refusal to participate, if offered, in a drug/alcohol rehabilitation program, and to sign and abide by a return to work agreement when the CRA receives positive confirmed results on any CRA ordered drug test such as workers' compensation, accident or reasonable suspicion drug or alcohol testing refusal to submit to a CRA sponsored drug or alcohol testing such as workers' compensation, reasonable suspicion, follow up, or applicant processes • violating the CRA's Sexual Harassment policy through interaction with another employee or a member of the public. D. Procedure When an immediate supervisor becomes aware of conclusive evidence of the need for employee discipline, he/she becomes responsible and shall investigate the circumstances of the misconduct, or lack of performance, prior to deciding upon the type of disciplinary action to be recommended or taken. Job abandonment is cause for immediate dismissal with approval of the CRA Executive Director. Documentation of the disciplinary investigation or of the conduct shall be required on the part of the immediate supervisor in order to establish appropriate records. The CRA Executive Director will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. 00950371-2 21 1. Administrative Review- Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any CRA employee. These investigations shall be conducted by the CRA Executive Director or designee, who shall obtain all sufficient information, including documentation and/or sworn statements, in order to determine the necessity or level of disciplinary action. The CRA Executive Director assumes responsibility for acquiring any necessary sworn statements. Administrative investigations shall be conducted expeditiously. 2. Criminal Investigations- Investigations conducted when criminal violations are reportedly committed by any employee of the CRA. These investigations shall be conducted by the local Police Department, in collaboration with the CRA Executive Director. In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted. The immediate supervisor, with the approval of the CRA Executive Director, may initiate a three (3) working day or less suspension with pay to afford a supervisor the opportunity to investigate an alleged incident of misconduct in the absence of the employee. Suspensions with pay of more than three (3) working days require the approval of the CRA Executive Director. This practice may also be used in the event that alleged misconduct is severe but unproven. The immediate supervisor shall immediately notify the CRA Executive Director of the choice for suspension so that the suspension may be issued and the matter may be immediately investigated. A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the suspension with pay period shall not be construed as disciplinary in nature. A document confirming a favorable determination as to the matter should be made a part of the employee's record. E. Types of Action 1. Counseling Consists of the immediate supervisor warning the employee to correct or improve performance, work habits, or behavior, and counseling the employee on improvements expected. Counseling serves as a warning against further repetition of employee behavior. Future violations will result in further discipline up to and including termination. 00950371-2 22 A Disciplinary Action Form should be completed by the immediate supervisor. The employee shall be required to sign the form signifying that he/she has read and discussed the contents with the supervisor. The Disciplinary Action Form shall be forwarded to The CRA Executive Director for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments on a separate sheet for inclusion in the record. 2. Written Reprimand Consists of an immediate supervisor issuing a written notice of reprimand to improve performance, work habits, or behavior. A written reprimand may include a complete description of the incident(s) of misconduct, inappropriate behavior, work habits, or performance which require improvement; previous records of discussion; a time frame within which the employee must correct or improve his/her behavior; and a warning that future violations will result in further disciplinary actions up to and including termination. Written reprimands shall be signed by the employee to acknowledge receipt and forwarded to the CRA Executive Director for retention in the employee's records, with a copy provided to the employee. Employees may submit comments on a separate sheet for inclusion in the record. The employee may be required to complete a written plan for correction of the behavior. When the written reprimand contains a time frame for employee improvement, a follow-up discussion at the end of the designated time period should be conducted. This follow- up discussion will provide a specific opportunity to review the employee's improvement relative to the discipline. Written reprimands should be reflected on the employee's performance evaluation along with any noted improvements. 3. Suspension Consists of an employee being prohibited from returning to work until the specified period of suspension has passed. If the suspension is greater than one (1) working day, it shall be issued on a consecutive working day basis. Unless provided for otherwise in this policy or disallowed by the Fair Labor Standards Act, all suspensions shall be without pay. Suspensions shall be used when an employee is removed from the job due to extreme misconduct or unlawful behavior, or when 00950371-2 23 instances of previous discipline support a suspension for a specified period of time. Employees shall be suspended pending the outcome of a recommendation to terminate and shall remain under suspension until the CRA Executive Director has made a final determination in a pre-termination hearing, if elected by the employee. With the written authorization of the CRA Executive Director, immediate supervisors have the authority to issue a suspension for three (3) working days or less. Suspensions beyond three (3) working days require prior authorization by the CRA Executive Director. Suspensions due to a recommendation to terminate only require the CRA Executive Director's approval. Employees being suspended shall be notified in writing by the immediate supervisor. The written notification shall consist of the reason for the action and the duration of the suspension. It shall also include a statement that future violations will result in further disciplinary actions up to and including termination. It shall be the employee's responsibility to pay for insurance benefits and/or any other payments previously paid through payroll deductions during any suspensions without pay in order to maintain such benefits during these periods. Lapses in payments may result in forfeiture of such benefits. Employees may submit comments on a separate sheet for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the written notification, and forwarded to the CRA Executive Director or designee for inclusion in the employee's records, with a copy provided to the employee. 4. Demotion In the context of this policy, demotion consists of an employee being involuntarily removed from higher level classification to a lower level classification, with a resulting decrease in annual salary. Although not limited to such instances, demotions may occur in some cases because of an inability to fulfill the duties of the higher level job in a satisfactory manner; or a failure to comply with employment conditions, such as licensure or certification. In addition, during position probation an employee shall be subject to demotion without the CRA being required to state a reason. The employee shall have access to the appeal process. A demotion will involve a decrease in 00950371-2 24 salary of not less than 5%, commensurate with the decrease in responsibilities. Immediate supervisors should discuss the potential demotion of an employee with the CRA Executive Director prior to a written recommendation for demotion. The supervisor shall then submit the written recommendation to the CRA Executive Director. Demotions require authorization from the CRA Executive Director prior to being effected. Written notification of demotions shall be provided to the employee by the CRA Executive Director. Such notices shall include the final decision, the reason(s) for the decision, the employee's new classification title, the new pay range and pay rate, and the effective date of the demotion. Written notifications shall also include that future violations will result in further disciplinary actions up to and including termination of employment. All documentation of a demotion shall be retained in the employee's file by the CRA Executive Director. Employees may submit comments on a separate sheet for inclusion in their personnel file. Employees may voluntarily request a demotion to a lower level classification. Such demotion shall not be punitive. Employees may submit comments on a separate sheet for inclusion in the record. Written notification of a demotion shall be signed by the employee acknowledging receipt of the written notification, and forwarded to the CRA Executive Director for inclusion in the employee's records. 5. Dismissal Dismissal is a result of an employee's involuntary termination which severs the employment relationship. Immediate supervisors shall supply thorough documentation and discuss recommendations for an employee's dismissal with the CRA Executive Director. Dismissals of regular employees shall be effected only with the authorization of the CRA Executive Director. A written notice of the recommendation to terminate shall be given to the employee in person. However, after two unsuccessful attempts to deliver the notification, the notice shall be sent via U.S. mail to the most recent address on record in the personnel file. The recommendation to terminate and the CRA Executive Director's notification letter shall be placed in the employee's personnel file. 00950371-2 25 Initial probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause and it shall be effective after authorization by the CRA Executive Director. At the time of dismissal, employees are required to surrender to their supervisor or designee all CRA property which may be in their possession or custody and all other conditions for termination must be complied with prior to issuance of final wages. 6. Inefficiency, Incompetence or Job Abandonment The inefficiency or incompetence in the performance of assigned duties may result in demotion or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality customer service or repeated failure to support team goals and contribute to team success. Employees who receive an overall "Below Expectations" evaluation shall be given a follow-up evaluation within sixty (60) calendar days of the initial "Below Expectations" evaluation. More than one overall rating of "Below Expectations" may subject the employee to demotion or disciplinary action up to and including termination. It is the responsibility of every employee to perform at a minimum level of"Meets Expectations". SECTION 04: CLASSIFICATION & PAY PROVISIONS 4-1 CLASSIFICATION PROVISIONS- Purpose of the Classification Plan - The classification plan provides for a systematic arrangement of positions. The plan groups related positions into classifications with a similar range of duties, level of responsibility, and nature of work performed. 4-2 PAY PROVISIONS- Purpose of the Pay Plan - The pay plan shall provide the basis of compensation for all employees and shall be administered and recommended for revision as appropriate by the CRA Executive Director. The Pay Plan shall include- A. Schedules of pay rates for each title in the classification plan consisting of the minimum and the maximum hourly rate, and/or annual salary. B. Identification of non-exempt and exempt classifications. 4-3 HOURS OF WORK/ OVERTIME / COMPENSATORY TIME- 00950371-2 26 A. Hours of Work Hours of work will be determined by the CRA Executive Director and shall be uniform for all employees and be determined in accordance with the needs of the services and operational needs of the CRA. Situations may arise that may require employees to work additional hours without notice. All employees are required to work additional hours when notified by the CRA Executive Director of the need to work. B. Overtime Overtime hours are hours actually worked by non-exempt employees in excess of a forty (40) hours per work week. Employees are not permitted to work overtime hours unless authorized in advance by the CRA Executive Director. Provisions of the FLSA shall be applied for non-exempt employees for overtime purposes. Hours that shall count towards overtime calculations only include those hours "actually" worked. Annual leave, sick leave, holiday pay, suspensions with pay, workers compensation leave, family medical leave, funeral leave, jury duty, annual military leave and other absences from work while in active pay status will not be counted as time actually worked for purposes of determining whether overtime has been worked in excess of forty (40) hours per week. C. Compensatory Time as Payment for Overtime Hours Worked Non-exempt employees who work overtime will receive compensatory time in lieu of cash compensation, which shall accrue at a rate of 1.5 hours of compensatory time for every hour of overtime worked. When exempt employees are required to work weekends for any reason other than those stated above, the employee shall receive compensatory time in lieu of cash compensation at a rate of 1.5 hours of compensatory time for every hour worked on weekends. Except as otherwise provided herein, cash payments for overtime compensation or work on weekends may be authorized at the discretion of the CRA Executive Director. Any employee who has accrued compensation time shall, upon termination of employment be paid for the unused compensatory time at a rate equal to the employee's average regular rate of pay during the last three years of employment or the final regular rate of pay, whichever is greater. Accruals of compensatory time for exempt and non-exempt employees may be accrued up to 240 hours and may be used by the employee provided reasonable notice has been given to the CRA. Once a non-exempt employee accrues 240 hours of compensatory time, the employee shall be compensated for any additional overtime worked in cash at a rate of 1.5 times the employee's regular rate in accordance with the FLSA. 00950371-2 2 Compensatory time hours in excess of 240 accrued by an exempt employee will be forfeit. Upon separation, the CRA will pay out the accrued compensatory time up to a maximum of 240 hours. Cash payments for overtime compensation may be authorized at anytime at the discretion of the CRA Executive Director. An employee who has accrued compensatory time and who has requested the use of such accrued time shall be permitted to use the time within a reasonable period after making the request if the use of the time does not unduly disrupt operations of the CRA. SECTION 05: EMPLOYMENT CONDITIONS 5-1 OUTSIDE EMPLOYMENT- Employees may engage in outside employment during off-duty hours when such employment does not in any way interfere or create a potential conflict of interest with their CRA employment. An employee, who wishes to engage in any outside employment including self-employment, shall provide information concerning the proposed employment to the CRA Executive Director for approval prior to engaging in outside employment. 5-2 CRA EQUIPMENT- The personal use of any CRA equipment, such as computers, cameras, tools, vehicles, etc., shall be prohibited unless otherwise approved in advance by the CRA Executive Director. In addition, employees are not to use any CRA e-mail addresses for receipt of personal mail. 5-3 ADDRESS AND TELEPHONE NUMBERS- Employees are required to report any change in address or telephone number to the CRA Executive Director and HR Designee within ten (10) working days of the change. Failure to comply with this requirement may result in disciplinary actions up to and including termination. The employee shall also maintain on a current basis the name, address and telephone number of the person(s)to contact in case of emergency. 5-4 POLITICAL ACTIVITY- No CRA employee shall take any active part in political campaigns or other political activities during duty hours. In accordance with Florida Statutes, as amended, employees are prohibited from engaging in certain types of political activities while 00950371-2 28 either on or off duty. Employees, in their private capacities, may express their opinions on any political candidate or issue and/or participate in campaigns during their off-duty hours; however, they are prohibited from using their official authority or influence or appearance of doing so through the wearing of CRA uniforms or official attire, or in CRA vehicles while participating in political campaigns, for the purpose of aiding or interfering with an election or nomination, or coercing or influencing another person's vote or affecting the result thereof. No buttons, bumper stickers, pins, or any political signage shall be adhered to CRA vehicles, or worn during the workday while on the job, or worn on CRA official attire, or posted on or about CRA premises. Nothing herein shall be construed to prohibit an employee's right to engage in casual workplace discussions on social or political topics, so long as such discussions do not, in the judgment of management of the CRA, interfere with the orderly, peaceful, and efficient performance of assigned duties or with the valid exercise of authority of management. 5-5 RESIGNATION: Resignation is the voluntary separation of an employee from employment accomplished by serving a written notice expressing a decision to end employment with the CRA. Such written notice shall be deemed to be accepted immediately. An employee who wishes to leave in good standing shall provide at least two (2) weeks notice, before leaving. Resignations may be rescinded only with the written approval of the CRA Executive Director. All employees who have completed their probationary period and given two weeks written notice will receive their accumulated sick, vacation and compensatory time to date subject to the maximum accumulation times defined in this policy and reimbursement for as yet non-reimbursed expenses. Medical, dental, vision, and life/disability benefits will continue to be paid for in full by the CRA through the last day of the month following ninety (90) days after the effective date of resignation. Employees who fail to report to work or fail to call in absent to their supervisor for three (3) consecutive working days shall be deemed as having voluntarily resigned from employment. A letter of termination shall be mailed within two (2) working days to the last known address of the employee, accepting their voluntary resignation. 5-6 DRUG FREE WORKPLACE- General Statement of Policy on Employee Drug Use It is the intent of the CRA to provide a Drug-Free Workplace, as provided in Section 440.101, Florida Statutes, in order that employees be afforded the opportunity to 00950371-2 29 maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work-related accidents resulting from drug abuse. It is further the intent of the CRA that drug abuse be discouraged and that employees who choose to engage in drug abuse face the risk of unemployment and the forfeiture of workers' compensation benefits. In the case of abuse of illegal drugs or alcohol, the CRA may use constructive disciplinary measures to motivate the employee to seek assistance. To the extent that they are available, normal benefits, such as sick leave and the group medical plan, may aid in the rehabilitation process. Supervisory personnel are responsible for assisting employees diagnosed with a substance abuse problem in fully understanding the health benefits program. An employee's participation in any program and the results obtained are kept in confidence. This information is not subject to the "Government in the Sunshine Law." The CRA is a participating employer in an Employee Assistance Program with Counseling Services Associates (855) 272-8880, through which the CRA and all of its employees may benefit. The Employee Assistance Program vendor may change and employees should check with the CRA's HR designee to confirm the current vendor. The CRA has available to all its employees a booklet explaining not only the substance abuse program, but other problems for which counseling services are available, such as interpersonal relationships with other employees, mental disorders, financial difficulties or problems with children or spouses. The CRA will hold in strict confidence any employee's participation in this program. It is the intent of the CRA to comply with the requirements of section 440.102, Florida Statutes and Chapter 38F-9, Florida Administrative Code. In the event of a conflict between those requirements and this policy, the standards set forth in section 440.102 and Chapter 38F-9, as amended from time to time, shall prevail. No employee shall be terminated, disciplined, or discriminated against solely upon the employee's voluntarily seeking treatment, while under the employ of the CRA, for drug-related problems if the employee has not previously tested positive for drug use, entered an employee assistance program for drug-related problems, or entered a drug rehabilitation program. The CRA will not condone the following behavior by employees- • Use of illicit drugs. • Abuse of legal (prescription or over-the-counter) drugs or alcohol. • Sale, purchase, transfer, use or possession of illegal drugs or prescription drugs obtained illegally. 00950371-2 3 0 • All Supervisors are responsible for ensuring a safe working environment within their departments and are, therefore, responsible for reporting all incidents of possession, sale, distribution, or use of illegal substances to their immediate superior. Employees found in possession of an illegal substance on CRA property or while on CRA business will be terminated. Notice of Testing One time only, prior to Drug testing, the CRA shall give all employees and job applicants for employment a written policy statement which contains- 1. ontains-1. A general statement of the CRA's policy on employee drug use, which must identify- a. The types of drug testing an employee or job applicant may be required to submit to, including reasonable-suspicion drug testing or drug testing conducted on any other basis. b. The actions the CRA may take against an employee or job applicant on the basis of a positive confirmed drug test result. 2. A statement advising the employee or job applicant of the existence of section 440.102, Florida Statutes. 3. A general statement concerning confidentiality. 4. Procedures for employees and job applicants to confidentially report to a medical review officer the use of prescription or nonprescription medications to a medical review officer both before and after being tested. 5. A list of the most common medications, by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test. 6. The consequences of refusing to submit to a drug test. 7. A representative sampling of names, addresses, and telephone numbers of employee assistance programs and local drug rehabilitation programs. 8. A statement that an employee or job applicant who receives a positive confirmed test result may contest or explain the result to a medical review officer within 5 working days after receiving written notification of the test result; that if an employee's or job applicant's explanation or challenge is unsatisfactory to the medical review officer, the medical review officer shall report a positive test result back to the CRA; and that a person may contest the drug test result pursuant to law or to rules adopted by the Agency for Health Care Administration. 00950371-2 31 9. A statement informing the employee or job applicant of his or her responsibility to notify the laboratory of any administrative or civil action brought pursuant to this section. 10. A list of all drugs for which the employer will test, described by brand name or common name, as applicable, as well as by chemical name. 11. A statement regarding any applicable collective bargaining agreement or contract and the right to appeal to the Public Employees Relations Commission or applicable court. 12. A statement notifying employees and job applicants of their right to consult with a medical review officer for technical information regarding prescription or nonprescription medication. Drug Testing The CRA will conduct the following types of drug tests. Testing will be conducted by the current vendor as identified by the CRA's HR designee. Employees refusing to submit to urinalysis or blood testing will be considered in violation of CRA policy and will be subject to personnel action up to and including termination. All specimen collection and testing for drugs under this section shall be performed in accordance with the procedures set forth in section 112.0455, Florida Statutes. 1. Job applicant drug testing. The CRA requires job applicants for safety sensitive positions to submit to a drug test and may use a refusal to submit to a drug test or a positive confirmed drug test as a basis for refusing to hire a job applicant. 2. Reasonable-suspicion drug testing. The CRA requires an employee to submit to reasonable-suspicion drug testing when there is a belief that an employee is using or has used drugs in violation of the CRA's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon- a. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drug. b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. C. A report of drug use, provided by a reliable and credible source. d. Evidence that an individual has tampered with a drug test during his employment with the CRA. 00950371-2 32 e. Information that an employee has caused, contributed to, or been involved in an accident while at work. If an injured employee refuses to submit to a test for drugs or alcohol, the employee may forfeit eligibility for medical and indemnity benefits under Chapter 440, Florida Statutes, the Workers' Compensation Law. f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the CRA's premises or while operating the CRA's vehicle, machinery, or equipment. If drug testing is conducted based on reasonable suspicion, the CRA shall promptly detail, in writing, the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of this documentation shall be given to the employee upon request and the original documentation shall be kept confidential by the CRA and shall be retained by the CRA for at least one year. 3. Routine fitness-for-duty drug testing. An employee may be required to submit to a drug test as part of a routinely scheduled employee fitness-for-duty medical examination if such examination is part of an established policy or is scheduled routinely for all members of an employment classification or group. 4. Follow-up drug testing. If the employee in the course of employment enters an employee assistance program for drug- related problems, or a drug rehabilitation program, the CRA will require the employee to submit to a drug test as a follow-up to such program, unless the employee voluntarily entered the program. In those cases, The CRA has the option to not require follow-up testing. If follow-up testing is required, it must be conducted at least once a year for a 2-year period after completion of the program. Advance notice of a follow-up testing date must not be given to the employee to be tested. The CRA may test an employee or job applicant for a safety-sensitive position for any drug. "Drug" means alcohol, including a distilled spirit, wine, a malt beverage, or an intoxicating liquor- an amphetamine- a cannabinoid; cocaine; phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a barbiturate; a benzodiazepine; a synthetic narcotic; a designer drug; or a metabolite of any of the substances listed in this paragraph. The CRA may test an individual for any or all of such drugs. 00950371-2 33 Before and/or after testing, employees or applicants should provide to the testing organization information on medication being taken. This information is confidential, and the testing laboratory will take this information into consideration. Please be advised that prescription pain killers, diet prescriptions, tranquilizers, and cough medicines may contain drugs for which tests are run. The testing laboratory can provide technical information on prescription and non-prescription drugs as they affect the tests. The following is an non-inclusive list of some of the over-the-counter and prescription drugs could alter or affect the outcome of a drug test- 1. est-1. Alcohol - All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example, Vicks Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contact Severe Cold Formula Night Strength is 25% (50 proof), and Listerine is 26.9% (54 proof). 2. Amphetamines - Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex. 3. Canabinoids (Marijuana) - Marinol (Dronabinol, THC). 4. Cocaine - Cocaine HCI topical solution (Roxanne). 5. Pencyclidine - not legal by prescription. 6. Methaqualone - not legal by prescription. 7. Opiates - Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphone), M-S Contin and Roxanol (morphine sulfate), Percodan, Vicodin, etc. 8. Barbiturates - Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral, Butabarbital, Butabital, Phrenilin, Triad, etc. 9. Benzodiazepines - Activan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Vestran, Halcion, Paxipam, Restoril, Centrex. 10. Methadone - Dolphine, Methadose. 11. Proposyphene - Darvocet, Darvon N, Dolene, etc. Testing 00950371-2 34 All specimen collection and testing for drugs under this section will be conducted by the current vendor as identified by the CRA's HR designee and shall be performed in accordance with the requirements of Section 440.105(5), Florida Statutes, including the following procedures- 1. rocedures-1. A sample shall be collected with due regard to the privacy of the individual providing the sample, and in a manner reasonably calculated to prevent substitution or contamination of the sample. 2. Specimen containers will be labeled so as to reasonably preclude the likelihood of erroneous identification of test results. Specimen collection, storage, and transportation to the testing site shall be performed in a manner that reasonably precludes contamination or adulteration of specimens. 3. A form for the employee or job applicant will be furnished to provide any information the employee considers relevant to the test, including identification of currently or recently used prescription or nonprescription medication or other relevant medical information. The form will include the most common medications by brand name or common name, as applicable, as well as by chemical name, which may alter or affect a drug test. The providing of information shall not preclude the administration of the drug test, but shall be taken into account in interpreting any positive confirmed test result. 4. The CRA shall pay the cost of all drug tests, initial and confirmation, which the CRA requires of employees. An employee orjob applicant shall pay the costs of any additional drug tests not required by the CRA. Positive Tests- Actions and Consequences 1. Within 5 working days after receipt of a positive confirmed test result from the medical review officer, the CRA shall inform an employee or job applicant, in writing, of such positive test result, the consequences of such results, and the options available to the employee or job applicant. The CRA shall provide to the employee or job applicant, upon request, a copy of the test results. For purposes of this Section, "Medical review officer" shall be a licensed physician, employed with or contracted with the CRA or HR Department, who has knowledge of substance abuse disorders, laboratory testing procedures, and chain of custody collection procedures; and who has the necessary medical training to interpret and evaluate an employee's positive test result in relation to the 00950371-2 35 employee's medical history or any other relevant biomedical information 2. Within 5 working days after receiving notice of a positive confirmed test result, an employee or job applicant may submit information to the CRA explaining or contesting the test result, and explaining why the result does not constitute a violation of the CRA's policy. 3. If the employee's or job applicant's explanation or challenge of the positive test result is unsatisfactory to the CRA, a written explanation as to why the employee's or job applicant's explanation is unsatisfactory, along with the report of positive result, shall be provided by the CRA to the employee or job applicant; and all such documentation shall be kept confidential by the CRA in accordance with the provisions set forth later in this section and shall be retained by the CRA for at least one year. 4. The CRA may not terminate, discipline, refuse to hire, discriminate against, or request or require rehabilitation of an employee or job applicant on the sole basis of a positive test result that has not been verified by a confirmation test and by a medical review officer. 5. Every specimen that produces a positive, confirmed test result shall be preserved by the licensed or certified laboratory that conducted the confirmation test for a period of at least 210 days after the result of the test was mailed or otherwise delivered to the medical review officer. However, if an employee or job applicant undertakes an administrative or legal challenge to the test result, the employee or job applicant shall notify the laboratory and the same shall be retained by the laboratory until the case or administrative appeal is settled. During the 180-day period after written notification of a positive test result the employee or job applicant who has provided the specimen shall be permitted by the CRA to have a portion of the specimen retested, at the employee's or job applicant's expense, at another laboratory, licensed and approved by the Agency for Health Care Administration, chosen by the employee or job applicant. The second laboratory must test at equal or greater sensitivity for the drug in question as the first laboratory. The first laboratory that performed the test for the CRA is responsible for the transfer of the portion of the specimen to be retested, and for the integrity of the chain of custody during such transfer. 6. An employee found through testing to have an alcohol concentration of 0.05 in his or her system while at work will be immediately removed from his or her workstation and may be terminated, disciplined or referred to the employee assistance program (EAP) for counseling. 00950371-2 36 An employee who is diagnosed as having a mind-altering substance in his or her system while at work and such results are verified by a confirmation test, will be put on probation and may be subject to termination and/or forfeiture of his or her eligibility for medical and indemnity benefits. If an accident has occurred while the employee was under the influence of any drug including alcohol, the employee faces the risk of forfeiture of workers' compensation benefits. 7. At the discretion of the Executive Director, an employee can be given the opportunity to participate in the CRA-approved assistance program with continued employment conditioned on remaining drug- free. Abstinence from drugs will be determined by random follow-up blood and/or urine drug tests. Confirmation Testing 1. If an initial drug test is negative, the CRA may in its sole discretion seek a confirmation test. 2. Only licensed or certified laboratories may conduct confirmation drug tests. 3. All positive initial tests shall be confirmed using gas chromatography/mass spectrometry (GC/MS) or an equivalent of more accurate scientifically accepted method approved by the Agency for Health Care Administration or the United States Food and Drug Administration as such technology becomes available in a cost- effective form. 4. If an initial drug test of an employee or job applicant is confirmed as positive, the medical review officer shall provide technical assistance to the CRA and to the employee or job applicant for the purpose of interpreting the test result to determine whether the result could have been caused by prescription or nonprescription medication taken by the employee or job applicant. Confidentiality 1. Except as otherwise provided in this subsection, all information, interviews, reports, statements, memoranda, and drug test results, written or otherwise, received or produced as a result of a drug- testing program are confidential and exempt from the provisions of section 119.07(a) and section 24(a), Art. 1 of the State Constitution, and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in 00950371-2 3 accordance with this section or in determining compensability under this chapter. 2. The CRA, laboratories, medical review officers, employee assistance programs, drug rehabilitation programs, and their agents may not release any information concerning drug test results obtained pursuant to this section without a written consent signed voluntarily by the person tested, unless such release is compelled by a hearing officer or a court of competent jurisdiction pursuant to an appeal taken under this section or is deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The written consent must contain, at a minimum- a. The name of the person who is authorized to obtain the information. b. The purpose of the disclosure. C. The precise information to be disclosed. d. The duration of the consent. e. The signature of the person authorizing release of the information. 3. Information on drug test results shall not be used in any criminal proceeding against the employee or job applicant. Information released contrary to this section is inadmissible as evidence in any such criminal proceeding. 4. This subsection does not prohibit the CRA, agent of the CRA, or laboratory conducting a drug test from having access to employee drug test information or using such information when consulting with legal counsel in connection with actions brought under or related to this section or when the information is relevant to its defense in a civil or administrative matter. 5. The exemptions in this subsection are subject to the Open Government Sunset Review Act in accordance with section 119.14, Florida Statutes. Miscellaneous 00950371-2 38 1. If the CRA terminates or disciplines an employee or refuses to hire a job applicant in compliance with this policy statement, such termination or discipline or refusal is considered "for cause." 2. No physician-patient relationship is created between an employee or job applicant and the CRA or any person performing or evaluating a drug test, solely by the establishment, implementation, or administration of a drug-testing program. Employees injured in the course and scope of employment that test positive on drug or alcohol tests may forfeit medical and indemnity benefits under Florida's Workers Compensation. Refusal to take drug or alcohol tests also results in forfeiture of medical and indemnity benefits under Florida's Workers Compensation and automatic termination of employment. Reasonable assistance is offered to employees who voluntarily recognize a substance abuse problem. However, performance standards are upheld even if 'Below Expected' performance is related to drug or alcohol use; such instances result in disciplinary actions. 5-7 Accommodations for Employees with Disabilities Reporting Procedure Individuals with disabilities may make a request for reasonable accommodations to his/her direct supervisor or the CRA Human Resources designee. Upon receipt of an accommodation request, Human Resources will meet with the requesting employee to discuss and identify the precise limitations of job and/or life functions resulting from the disability and the potential accommodations the CRA might make to overcome those limitations. Feasibility The CRA shall determine the feasibility and reasonableness of the requested accommodations, the availability of tax credits and deductions, outside funding, overall financial impact of accommodations and the potential impact on the operation of the CRA, including the impact on the ability of other employees to perform their duties. Notification The CRA will inform the requesting employee of its decision on the accommodation request and, when appropriate, the steps necessary for making the accommodation. A decision under this section shall be reviewable in accordance with the grievance procedures outlined in Section 3 of this manual. 00950371-2 39 SECTION 06: EMPLOYEE BENEFIT PROGRAMS 6-1 VACATION LEAVE- A. Purpose of Vacation Leave The purpose of vacation leave is to provide regular full-time exempt and non- exempt employees with an opportunity to be absent from work for approved reasons without loss of pay or benefits. B. Accrual Rate and Maximum Accrual Vacation leave is accrued based on the employee's length of service with the CRA. New employees accrue vacation leave days retroactive to their hire date and may begin to use such vacation leave accrual upon completion of the ninety (90) day probationary period initiated with the employee's first day of employment. Accrual rate, as outlined in the following table shall occur from the date of initial employment and accrue per completion of the established pay period cycle. All references to "years of service" are defined as "continuous" years of service for the purposes of this policy. Pay Annual Annual Years of Service Period Hours Days Accrual Years 1 through 4 3.08 80 10 Years 4 through 9 4.62 120 15 Years 10 and after 6.15 160 20 The maximum number of vacation hours that an employee may accrue cannot exceed 320 hours. Any vacation hours accrued in excess of 320 hours as of September 30th of each fiscal year will be forfeited. Upon separation the CRA will pay out the accrued vacation time up to a maximum of 320 hours. CRA c l ccs o submit o ree uest fcout of o maximum of 60 hours of accrued vacation hours dorm a each Fiscal coyrcvic the number of vac ion hoursroini� i �7c 1 "fi�o� 3 hours. �� . 6-2 SICK LEAVE- As each month passes, a regular full-time exempt or non-exempt employee accumulates one (1) eight (8) hour day of sick leave to a total of twelve (12) days per year constituting a maximum ninety-six (96) hours per year. Sick leave with pay shall be computed from the hire date of the employee with accumulation of sick leave not to exceed 480 hours or sixty (60) working days. 00950371-2 40 Upon separation the CRA will pay out the accrued sick time up to a maximum of 480 hours. aximum of 60 hours of accrued sick leave dkAring each F::'iFr,, 11 Year�:)rov'ded � 1— - -1 1 ! Lhe e! accrued sick leave remaininc.] is not less than 240 hours. An employee will be granted sick leave if the employee's absence from work is necessitated by one (1) of the following reasons- A. Employee's health or the health of an immediate member of the employee's family. (For purposed of this section, "immediate family" is defined under Definitions, Section 1-4). B. Medical, dental or optical treatment, which is necessary during working hours. C. Quarantine due to exposure to a contagious disease. All requests for more than three (3) consecutive days of sick leave must be accompanied by a doctor's certificate explaining the absence and/or unfitness for duty. If excessive sick leave is taken in such a way as to indicate a pattern, random or otherwise, the employee will be placed on restricted sick leave and a doctor's certificate will be required for a one-day absence. Employee absences for more than three (3) consecutive days due to national, state, or local emergencies will not require a doctor's certification. A Sick Leave Sharing Program is available for full-time employees who are absent from the workplace for an extended period of time due to an illness, accident, or eligible family leave and have depleted both their accrued sick leave time, family leave time, and accrued vacation time. Employees wishing to donate time may use either accrued sick or vacation time, but must have 80 hours remaining in each contributing bank (sick or vacation) after the donation. Requests will be granted at the discretion of the CRA Executive Director. 6-3 HOLIDAYS: A. The following holidays will be observed each year- New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day 00950371-2 41 Thanksgiving Friday Christmas Eve Christmas Day B. Other days as specifically designated from time-to-time. The CRA Executive Director reserves the right to declare these and any other holidays on a date designated by the CRA Executive Director; such dates do not necessarily have to be on the specified traditional date, but on the date that meets the best interest of the CRA. Regular full time employees shall be paid for the legal holidays at their current pay rate. Regular full time non-exempt employees who work on a holiday shall also be paid for their holiday plus the time worked at straight time. Regular full-time employees must be in pay status during regular workdays immediately before the holiday and after the holiday in order to receive pay for the holiday. Part-time, temporary, and emergency appointed employees are not entitled to holidays with pay- 6-4 COMPASSIONATE LEAVE: Employees may be granted by the CRA Executive Director, upon request, up to five (5) working days of compassionate leave with pay due to a death in an employee's Immediate Family. Under extreme circumstances and with the written approval of the CRA Executive Director, the leave may be extended. Any additional time, which may or may not be granted in addition to the five (5) days, shall be charged against accumulated sick leave, vacation or personal holiday time. 6-5 JURY DUTY- Any employee summoned for jury duty or to be a witness related to CRA business shall comply with such summons without loss of pay. Any compensation received as a result of compliance with such summons shall be returned to the CRA, less any amount attributable to an allowance for mileage. If an employee is summoned to appear forjury duty or as a witness, the employee must notify the CRA Executive Director or HR Designee immediately. An employee receiving a witness summons for non-CRA business must use accrued vacation or compensatory time to cover the work hours missed. 6-6 MILITARY LEAVE- Policy 00950371-2 42 The CRA recognizes an employee's responsibility to fulfill U.S. Military Armed Forces obligations or annual training sessions or active duty call-up and provides this benefit to eligible employees. It is the policy of the CRA to comply with the Uniformed Service Employment and Reemployment Act of 1994, as amended (USERRA) and all state laws governing employment and reemployment of employees serving in the armed services. The CRA prohibits discrimination against employees on the basis of military duty, affiliation or status and requires reinstatement of an employee following military leave to the same position or a position of like seniority, status and pay, as provided by state and federal law. Notice Period Unless precluded by military necessity or circumstances under which the giving of notice is otherwise impracticable or unreasonable, the employee (or appropriate officer of the uniformed service in which the employee is to serve) must give as much advance written or oral notice as possible of the need for military leave. Inactive Duty If an employee is a member of a reserve unit, and is required to attend training or annual two-week drill, or any other mandatory military exercise, the employee may elect to take annual leave, if sufficient leave has been earned, or to take a military leave of absence. Active Duty If an employee is absent from work due to active military service, The CRA will grant the employee a leave of absence for the duration of such period of service up to the maximum required by USERRA. Reemployment Under USERRA, an employee is entitled to reemployment by the CRA upon separation from the military service provided the employee. • Was honorably discharged or terminated from service. • Was employed in a position for which there was an expectation of continued employment. • Has not been absent for duty in the Uniformed Services for longer than a cumulative period of five years unless involuntarily retained in the Uniformed Service. 00950371-2 43 • In all cases, an employee will be reinstated in accordance with applicable federal and state law. • Reported to work or notified his or her supervisor of an intention to return to work, at the proper time as indicated in the following table- Period of Service Action Employee When Action Must Be Taken Must Take from Completion of Service 1-30 days Report to Work (1) On the next regularly scheduled work shift on the first calendar day after service ended, plus the time for transportation back to employee residence of 8 hours rest— OR — (2) as soon as possible after the 8 hour rest period, if, through no fault of the employee, it would be impossible or unreasonable to report within the time period described in (1). 31-180 days Notify supervisor in Within 14 calendar days. writing of intent to return to work. 181 or more days Submit a written Within 90 calendar days after request for completing service. reemployment. If complying with a deadline is impossible or unreasonable through no fault of the employee, notice shall be submitted upon the next first full calendar day when submitting the request becomes possible. This policy may not address all issues concerning your rights during military leave. Insofar as issues arise that are not addressed in this policy, the CRA will abide by USERRA and any controlling state laws. Should you have any questions or require further information, please see Human Resources for further information regarding military leave. 6-7 DISABILITY- Regular full time exempt and non-exempt employees may experience illness or disability requiring that an employee is unable to work for a duration of time, which may or may not be defined at the onset of the illness or disability. Employees under a physician's care that require an extended duration of time away from work due to such illness or disability will have their positions (or a 00950371-2 44 position of equal compensation and comparative duties/responsibilities) held for a maximum of One Hundred Sixty (160)working days, constituting a total of 1 ,280 hours. Employees exercising provisions of this section may continue their regular compensation through use of the employee's accrued sick, annual, and/or any otherwise authorized accumulated/credited leave time that has been earned/accrued by the employee and recorded by the CRA. Employees who do not return to work at or prior to the expiration of the allowable 1,280 hours will be deemed to have abandoned their position with the CRA. For procedures to request an accommodation for disability, see section 5-7 above. 6-8 LIFE INSURANCE- See section 6-10 below. 6-9 LEAVE WITHOUT PAY- A regular full time exempt or regular non-exempt employee may be granted leave of absence without pay for a period not to exceed One Hundred Sixty (160)working days (1,280 hours) for illness, disability or other reasons. Such reasons, other than physician attended illness or disability, must be outlined in writing and submitted to the CRA Executive Director for review and approval or denial. Employees may not be employed elsewhere during an authorized Leave without Pay period of time. Such leave shall require the prior approval of the CRA Executive Director. Employees that are on approved leave of absence without pay will be responsible for paying the premiums and/or other established payroll deduction requirements for continuation of benefits. Employees will not continue to receive time accrual for any benefits during the duration of the Leave without Pay Period, except as may be provided for under State and/or Federal Law. 6-10 FAMILY and MEDICAL LEAVE (FLM ) 1 QQ37Q (�'C Dir2 5, ar ern e R d e I-rri i,Py, 16 7(1C10\ CRA employees are not statutorily entitled to leave benefits provided through the Family and Medical Leave Act; however, the CRA recognizes the demands of the workplace and the needs of families by providing job-protected unpaid leave to eligible employees. An employee who has been employed by the CRA for at least 12 months and has provided at least 1,250 hours of service during the 12 months immediately preceding the commencement of leave requested is entitled to 12 unpaid work weeks of leave during a 12 month period for any one of the following reasons- a. Birth and care of , the employee's child, within one year of birth; 00950371-2 45 b. Placement with the employee of a child for adoption or foster care, within one year of such placement; c. Care of a spouse, child or parent who has a serious health condition-, d. Employee's own serious health condition which results in the inability of the employee to perform the essential functions of his or her job-,. e. Exigent circumstances arising out the fact that the employee's spouse, son, daughter, or parent is on active duty or has been notified of an impending call to active duty in the U.S. National Guard or Reserves in support of a contingency operation. An eligible employee is entitled to 26 weeks of unpaid workweeks of Military Caregiver Leave during a single 12-month period to care for a covered service member with a serious injury or illness if the spouse, child, parent or next of kin of the service members. Spouses who are both employees of the CRA may be limited to a combined total of 12 weeks of FIVILA leave during any 12-month period if the leave is taken- to care for an employee's parent with a serious health condition; for the birth of a child or to take care of a child after birth-, or for the placement of a child with the employee for adoption or foster care or to take care of such child (or a combined total of 26 months during a 12-month period of the leave is requested to take care of a covered service member with a serious injury or illness). Family leave provisions apply equally to male and female employees. A father as well as a mother may take family leave because of the birth or serious health conditions of a child. Human Resources will provide employees with information on FMLA and the required forms when needed. Employees must provide at least 30 days notice prior to leave if the need for leave is foreseeable; or as soon as practicable, when the need for leave is not foreseeable. Absent unusual circumstances, a request for FMLA leave should be made using the same forms and process as the employee would for other requests for leave. In requesting leave under FMLA, employees should provide details sufficient for the CRA to determine whether the reason for the requested leave qualifies under FMLA. The CRA reserves the right to require that a serious health condition or serious illness or injury be supported by a certification from the employee's or family member's health care provider. The CRA may also require periodic reports of the employee's status and intent to return during FIVILA leave. If an employee takes FMLA leave for his or her own serious health condition, the CRA may require the employee to submit a certification from the employee's health care provider, that the employee is able to perform the essential functions of his or her position with the CRA. If the CRA requests certification of a serious health condition, or 00950371-2 46 serious illness or injury, the employee will have 15 days to provide the requested documentation. Failure to provide the requested documentation within 15 days, without a valid excuse may result in a denial of the leave. Employees granted leave under FMLA are required to use accrued sick leave while on FMLA. Should sick leave be exhausted while on FMLA leave employees are entitled to use accrued vacation leave. The accrued paid leave used will be considered protected leave and counted against the FMLA leave entitlement. When medically necessary, an employee may take leave intermittently or on a reduced leave schedule for his/her own serious health condition or that of a family member orfor the birth, care or placement of a child if the schedule arrangement is agreed to by the Executive Director or his/her designee. Employees on FMLA who have exhausted their sick and vacation accruals are eligible for donated leave time from CRA employees. An employee who completes a period of leave is to be returned to the same position he or she had before the leave or to a position equivalent in pay, benefits, and other terms and conditions of employment. Leave will not result in the loss of any previously accrued seniority or employment benefits. Whether an employee is using paid leave accruals or unpaid leave as part of the kFMLA4 leave, the current HR Policies on accruals shall apply. Health care benefits will continue through an employee's leave, under the same terms and conditions as if the employee had not taken leave. An employee on unpaid leave will be required to pay any health care premiums for dependent coverage that the employee had been paying prior to the leave. Payment will be due on the same schedule as payments are made under COBRA. Failure to make timely premium payments may result in a lapse of coverage. The CRA may recover health coverage premiums paid for an employee who fails to return from leave except if the reason is the continuation, recurrence or onset of a serious health condition or something else beyond the employee's control. This is subject to certification. 6-11 MEDICAL, DENTAL, VISION, LIFE INSURANCE- 00950371-2 4 The CRA will offer regular full time employees medical, dental, vision and life insurance coverage utilized by the City of Boynton Beach as defined in Resolution No. R06-059 dated February 14, 2006 and as may be amended from time-to-time. The CRA will cover the cost for exempt and non-exempt full time employee insurances. The CRA employee will cover any additional cost for any additional coverage selected for spouse and/or children of the employee. All full time non-exempt and exempt employees are eligible for benefits the first day of the month following 30 calendar days from the employee's hire date. Part time, temporary, and emergency hire employees are not eligible for benefit coverage. Employees on approved leaves of absence must pay the non-subsidized rate for all insurances in effect during their leaves of absence. Upon either voluntary or involuntary termination of employment, benefit payments for medical, dental, vision, and life/disability will continue to be fully paid for by the CRA through the last day of the month following ninety (90) days after the date of employment termination. For example, if the last day of employment is January 15th, benefits will be paid in full by the CRA through the last day of April, or April 30. Regular full time non-exempt and exempt employees that decline (opt out) of medical benefit coverage shall receive a 50% payment in lieu of the associated expense that would have been borne by the CRA. The 50% payment will be calculated using the current payment required by the CRA for employee only medical coverage and shall be included in the employee's bi-weekly pay. 6-12 RETIREMENT- All regular full time exempt and non-exempt employees will be eligible to participate in the CRA's 457(b) Deferred Compensation Plan and 401(a) Profit Sharing Retirement Plan. The 457(b) Deferred Compensation Plan is contributory on the part of the employee and is effective at the end of the employee's probationary period. The CRA will match employee contributions up to 5% of the employee's gross salary on an annual basis starting each fiscal year (October through September). The employee is 100% vested immediately upon the employee's achieving full employment status at the end of their probationary period. There is no match by the CRA if the employee elects NOT to participate in the 457(b) Deferred Compensation Plan. The 401(a) Lump Sum Employer Contribution Retirement Deferred Compensation Plan is non-contributory on the part of the employee. Eligibility for this contribution is based upon the employee's successful completion of the Initial Probationary Period. 00950371-2 48 The amount of the Lump Sum Employer contribution, if granted, is based upon a Uniform Retirement Percentage as determined by the CRA Board and is administered by the CRA Plan Coordinator. Employee's that complete their probationary period during any month of the fiscal year will have the employer contribution prorated. By way of example, if an employee is eligible to receive $3,400.00 (based on an annual salary of $50,370.00) for a full year's employer lump sum contribution the employee will receive a prorated share of that amount for the months between the end of their probationary period and September 30tH The employer's full contribution calculation will commence with the start of the next fiscal year. Eligible employees may receive profit sharing contributions regardless of whether they participate in the 457(b) Deferred Compensation Plan. Actual payment of contributions to the 401(a) Lump Sum Employer Contribution Plan is at the discretion of the CRA and may be made at any time during the fiscal year as determined by the CRA Plan Coordinator. 6-13 DOMESTIC PARTNER BENEFITS PURPOSE- The Boynton Beach Community Redevelopment Agency (sometimes referred to as the "CRA" in this policy) recognizes that there are many individuals who establish and maintain a significant personal, emotional, and economic relationship with another individual but who choose not to marry. Individuals forming such a domestic partnership often live in a committed family relationship with one another. Domestic partners are often denied certain rights and benefits because there is no established system for such a relationship to be registered and recognized. The Boynton Beach Community Redevelopment Agency recognizes that providing equal benefits is in the best interests of the citizens, residents, and businesses of the Community Redevelopment Agency and promotes a fair and equitable work environment for our employees. SCOPE- This policy applies to all regular full time and part time employees of the Boynton Beach Community Redevelopment Agency. DEFINITIONS: 1. CRA employee means currently employed or retired employees of the Boynton Beach Community Redevelopment Agency, Florida, who are eligible for benefits pursuant to federal, state, or city laws, Boynton Beach Community Redevelopment Agency Policies, or collective bargaining agreements. 2. Declaration of Domestic Partnership means a declaration prepared by the Department and signed under penalty of perjury, which affirms that the 00950371-2 49 individuals referenced in the declaration meet the requirements of a domestic partnership relationship as described in Subsection D. The Declaration of Domestic Partnership shall only be valid as it relates to the Boynton Beach Community Redevelopment Agency employee benefit program. 3. Department means the Boynton Beach Community Redevelopment Agency Human Resources Department. 4. Domestic Partners means only two (2) adults who are parties to a domestic partnership relationship and who meet the requisites for a valid domestic partnership relationship as established pursuant to Subsection D. 5. Dependent, as used with regard to domestic partnership benefits, pursuant to Subsection G, means the domestic partner of a CRA employee. 6. Dependent of domestic partner or dependent of employee, as used with regard to domestic partnership benefits, pursuant to Subsection G, means a person who is eligible for coverage under the CRA's insurance plans. 7. Jointly Responsible means each domestic partner mutually agrees to provide for the other partner's basic food and shelter living expenses while the domestic partnership relationship is in effect, except that partners need not contribute equally or jointly to said basic food and shelter. 8. Mutual Residence means a residence shared by the registered domestic partners; it is not necessary that the legal right to possess the place of residence be in both of their names. Two people may share a mutual residence even if one or both have additional places to live. Domestic partners do not cease to share a mutual residence if one leaves the shared place but intends to return. POLICY- The Boynton Beach Community Redevelopment Agency offers group medical insurance for all full and part time employees and their eligible dependents. Payments for dependent coverage will be deducted from the employee's paycheck pursuant to Boynton Beach Community Redevelopment Agency paycheck policies. Domestic partners of employees shall be considered an eligible dependent if they have completed and submitted the Boynton Beach Community Redevelopment Agency Employee Affidavit of Domestic Partnership form and all necessary documentation required by the form, to include- 00950371-2 50 • RESIDENCE —at least two of the following - copy of mortgage document or lease showing both names (joint ownership or leaseholders), copy of marriage certificate or civil union from another state (for same-sex partnerships), copies of drivers licenses or State of Florida identification cards, or tax returns showing the same address. • FINANCIAL RESPONSIBILITY — at least two of the following- copy of statement from a joint bank account, credit cards with same account number for both partners names, vehicle title showing common ownership, a beneficiary designation form for a retirement plan or life insurance policy showing that one domestic partner is the beneficiary of the other, or wills which designate the other as the primary beneficiary. (See Appendix H for form.) Dependent children of the domestic partner may also be considered eligible dependents under the following conditions- • The child(ren) reside with both the employee and the domestic partner, and the domestic partner is responsible for the child(ren)'s well-being- or the domestic partner is required to provide medical coverage for the child(ren) by court order; or • The child(ren) qualifies as the domestic partner's dependent(s) for tax purposes under the federal guidelines; and • The child(ren) meets and continues to meet the eligibility requirements as outlined in the Dependents Eligibility section of the Affidavit of Domestic Partnership form. An Affidavit of Termination of Domestic Partnership must be completed within 30 days of when the domestic partnership eligibility requirements are no longer met or within 30 days of the death of a domestic partner. Coverage of the domestic partner will terminate on the date of death of the domestic partner or on the last day of the first month that the domestic partner and/or domestic partner's eligible dependent child(ren) fails to continue to meet all of the applicable domestic partnership eligibility requirements. (See Appendix H for form.) PROCEDURE- When a domestic partnership has been established in accordance with the definitions listed above, a Boynton Beach Community Redevelopment Agency Employee Affidavit of Domestic Partnership form must be completed along with all the necessary documentation, in order for an employee's domestic partner to be eligible as a covered dependent for health and/or dental and/or vision insurance coverage. The Boynton Beach Community Redevelopment Agency 00950371-2 51 Employee Affidavit of Domestic Partnership form can be obtained from the Human Resources and must be completed in full and submitted to Human Resources for consideration of approval of benefits. SECTION 07: CREDIT CARD POLICY 7-1 POLICY AND FORMS: PURPOSE- The Boynton Beach Community Redevelopment Agency's ("CRA") Purchasing Card (credit card) policy is designed to improve efficiency in processing purchases approved in the annual CRA budget for official CRA business of a public purpose. This program will allow the cardholder to purchase approved commodities and services directly from our vendors. Each purchasing credit card is issued to a named individual and the Agency's name is clearly shown on the card as the governmental buyer of the goods and services. The purpose of this policy is- 1. s-1. To provide an efficient method of purchasing and paying for goods and services as approved in the annual CRA budget for Agency business of a public purpose. 2. To ensure that the CRA bears no legal liability from the inappropriate use of the procurement credit cards. 3. To provide for disciplinary action if the purchasing credit cards are misused. Credit Cards are issued to each member of the CRA staff and monthly credit limits are set according to the responsibilities of each position. Procedures General: • With the exception of the Executive Director and the Finance Director, all employee ("Cardholder") credit cards will be secured by the Finance Department. • Credit cards will be released to the Cardholder by the Finance Department, Executive Director or designee upon approved business purchases(s) (verbal or email to Executive Director, copy to Finance Department). • Cardholder will return credit card to Finance Department along with a copy of the receipt immediately after approved purchase(s) or business trip. • Cardholder will retain original receipt and attached to monthly credit card reconciliation form in accordance with procedures outlined below. Cardholder: 00950371-2 52 • Complies with procurement policies and procedures. • Assures that budget exists for purchased items. • Assures receipts identify detail of items being purchased. • Identifies account number, associated dollar value, and reason for purchase on each purchase receipt. • Hold original receipts for monthly credit card reconciliation. • Completes monthly credit card reconciliation and submits to Finance department for payment. • Identify disputed charges. • Responsible for all purchase transactions on the assigned purchasing credit card. Finance • Requests from credit card vendor purchasing card for designated employees. • Sets spending limits for each cardholder. • Provides Purchasing Card agreement to employee. Maintains executed agreement. • Secures employee credit cards. • Releases credit card to employee for approved business purposes. • Receives consolidated and individual statements and distributes to cardholders for reconciliation. • Receives completed employee monthly credit card reconciliations. • Approve/disapprove all purchasing card requests. • Obtains Executive Director approval on individual cardholder reconciliations. • Coordinate issuance and cancellations of cards. • Participate in resolving billing disputes. • Pay all monthly charges from consolidated statement. • Collects cards from cardholders that terminate employment. LOST OR STOLEN PURCHASING CARDS a. If a purchasing card is lost or stolen, the Cardholder must immediately notify the issuing bank and the CRA Finance Department of the loss, verbally and in writing. b. The Cardholder will be responsible for reporting all information necessary to minimize the liability to the CRA fora lost or stolen card. TERMINATION OR TRANSFER OF CARDHOLDER 00950371-2 53 a. When an employee ends his or her employment, Finance shall immediately collect the purchasing card and destroy it. b. If the Finance is unable to collect the purchasing card when an employee terminates, the Finance departmentwill immediately notify the issuing bank to ensure that the card is cancelled. LIMITATIONS ON USE OF PURCHASING CARD CARDHOLDER USE ONLY The purchasing card may be used only by the employee whose name is embossed on the card. No other person is authorized to use the card. The Cardholder is responsible and accountable for all transactions that occur on his/her card. CRA PURCHASES ONLY The purchasing card is to be used for CRA authorized purchases only. The purchasing credit card cannot be used for any personal use. If personal use is unavoidable in the context of travel, the employee will segregate and document such charges and reimburse the CRA accordingly and immediately (see Travel & Entertainment Policy). If items of a personal nature are charged by the employee in error, the employee must immediately submit a check to the Finance department reimbursing the CRA and document such personal use in memorandum form. Personal use will require immediate reimbursement and can result in disciplinary action which may include cancellation of the employee's purchasing card privileges, dismissal and/or criminal charges. In addition to any administrative and disciplinary action that may be taken, the employee may be required to reimburse the CRA for the total amount of the improper charges through payroll deduction or direct payment. PROHIBITED USES OF PURCHASING CARDS The following types of items may not be purchased with a purchasing card, regardless of the dollar amount. • Cash advances • Personal use items PURCHASING CARD SECURITY Your purchasing card should always be treated with at least the same level of care that you do with your own personal credit cards. 00950371-2 54 a. STORAGE OF THE PURCHASING CARD Keep your purchasing credit card in an accessible but secure location. Since you, as the Cardholder, will be the only one using the purchasing card, it needs to be accessible only to you. b. ACCOUNT NUMBER Guard the purchasing card account number carefully! Do not post it at your desk or write it in your day planner. C. SHARING OF CREDIT CARD The only person entitled to use the purchasing card is the person whose name appears on the face of the card. Do not lend your purchasing card to another person for use. d. LOST OR STOLEN CARDS If the purchasing card is lost or stolen, you must immediately notify the credit card issuer, document the report, and notify the Finance Department. MISSING DOCUMENTATION If for some reason the Cardholder does not have documentation of the transaction to support the transaction on the monthly statement, the Cardholder must attach a signed certified description of the purchase. Continued incidents of missing documentation may result in the cancellation of the employee's purchasing card privileges. Attached Forms o CRA Purchasing Card Program Employee Agreement o Credit Card Reconciliation Form 00950371-2 55 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PURCHASING CARD PROGRAM EMPLOYEE AGREEMENT I, - (employee name) (employee social security number), hereby request a Purchasing Credit Card ("Card"). As a Cardholder, I agree to comply with the following terms and conditions regarding my use of the Card. I understand that I am being entrusted with a valuable purchasing tool and will be making financial commitments on behalf of the CRA and will strive to obtain the best value for the CRA by using "preferred suppliers." I understand that the CRA is liable to credit card companies for all charges made on the Card. I agree to use this Card for official business related purchases only and agree not to charge personal purchases. I understand that the Card may not be utilized for cash advances. I will not permit another individual to utilize the Card issued to me. I understand that the CRA will review the use of this Card and take appropriate action on any discrepancies. It is my responsibility to ensure that the supplier has the CRA's tax-exempt number. I agree to return the Card immediately upon request or upon termination of employment, including retirement. I understand that the CRA or Purchase Credit Card companies may suspend or cancel the Card at any time for any reason whatsoever and I shall return the Card immediately upon notification or cancellation. I understand, as a Cardholder, it will be my responsibility to assist in the reconciliation of my monthly statement. This includes: providing supporting charge slips/receipts and listing the reason for the purchase or job it pertains to for all transactions appearing on the statement. I agree with all of the terms and conditions of the Purchasing Manual on the assignment and control of the Purchasing Credit Card. If the Card is lost or stolen, I agree to immediately notify the Finance department immediately (1-561-737-3256) of the loss, verbally, and in writing. Employee Signature and Date Witness Signature and Date Director of Finance and Date 00950371-2 56 Credit Card Reconciliation Form Name Date Date of Expense Amount PO# Account Vendor Business Purpose Participants Coding for Office Supplies 51230-310 $ - 51325-310 $ - 51440-310 $ - 57400-310 $ - 57500-310 $ - Total $ - Total $ - Billed Note: This is the amount showing on your credit card Amount statement. Note: After all expenses are recorded, the difference should be Difference t $0.00. Employee Signature Date Finance Department Signature Date Executive Director Signature Date 00950371-2 5 SECTION 08: COMMUNICATIONS SYSTEMS POLICY 8-1 Statement of Policy. Electronic communications, including the contents of CRA owned computers, telephones and facsimiles are the property of the CRA. This policy is intended to apply to employees' use of their personal equipment that may be used on CRA property (including CRA vehicles), or during CRA-related activity. The purpose of this policy is to set forth guidelines regarding access to and dissemination of information/messages sent or received by CRA employees. The internet, email, phone mail or other communications or information systems of the CRA are not to be used in any manner that is offensive, disruptive, abusive or harmful to others or to CRA morale. Employees in violation of this policy are subject to disciplinary action, up to and including termination. 8-2 No Expectation of Privacy: The CRA treats all computer files, including but not limited to email sent or received, as CRA-related information, and unless expressly exempt, a public record under Chapter 119, Florida Statutes. The CRA has the ability and the right, with or without notice, to access, monitor, review, copy and/or delete any computer files, including but not limited to emails sent or received, and all internet-based and internal communications and/or transactions. If an employee makes incidental use of the CRA's computer system for personal files or email, such employee has no expectation that such personal files will be protected from review and/or deletion by the CRA. Accordingly, employees should not use CRA computer systems to create, transmit or store any information they wish to keep private. Because the CRA is sensitive to legitimate privacy rights of employees, effort will be made to conduct workplace monitoring in a respectful manner. 8-3 Use of Systems for Harassment- Use of the CRA computer system, or of any technology, whether owned by CRA or not to engage in communication that violates CRA policy is strictly prohibited. The CRA prohibits the display, storage or transmission of sexually explicit images, messages, cartoons, or any transmissions or use of communications that contain profane of offensive language; ethnic, religious or racial slurs; or any other communication that will likely be construed as harassment or disparagement of others based on race, color, national origin, gender, age, disability, religion, sexual orientation or political beliefs. 00950371-2 58 8-4 Non-solicitation-, Outside Employment: The CRA computer system shall not be used to solicit for commercial ventures unrelated to CRA business, religious or political causes or outside organizations unless expressly authorized by the CRA. 8-5 Software- The CRA prohibits the use of any computer software or programs that are not expressly authorized and installed by the CRA. Employees shall not make unauthorized copies of any computer software or programs installed by the CRA. 8-6 Termination- All equipment and computer-related files, programs and materials issued or purchased by the CRA remain the property of the CRA. Upon voluntary or involuntary termination of employment or service with the CRA, employees may not retain any equipment, computer programs, files or materials. Upon termination, the CRA will turn off all computer and communications systems issued to the terminated employee. 8-7 Reporting: All reports of violations of this policy and all questions related to this policy should be directed to the employee's immediate supervisor, or, if the supervisor is unable to satisfactorily resolve the issue or is closely connected with a violation of the policy, to the Human Resources Department. SECTION 09: MISCELLANEOUS 9-1 Personal Appearance/Dress Code- Employees are expected at all times to present a professional, businesslike image to citizens. Courtesy, appearance, body language and manners are all important in projecting a positive professional image. Employees are expected to dress and groom in a neat, clean and businesslike manner consistent with the position and work location, and demonstrate pride in theirjob. The following is a guideline of appropriate appearance and attire- Hair should be clean, combed and neatly trimmed or arranged. Unkempt hair is not permissible regardless of length. Sideburns, moustaches, and beards should be neatly trimmed. 00950371-2 59 Administrative personnel who work in offices and any employees who have regular contact with the public must wear clothing that is businesslike in appearance, such as a business suit, business shirt with or without a tie- polo shirt; CRA logo shirt- slacks such as Dockers or similar style- business dress or skirt with a blouse/sweater; or non-denim Capri pants. The length of a dress/skirt is to be no shorter than 3" above the knee. Clothing is not considered businesslike in appearance if it is- Casual sportswear, such as cargo pants, stirrup pants, or stretch pants Ripped or disheveled clothing or athletic wear Skorts or Shorts Garments made of blue denim, Lycra or other form-fitting material Low Rise, low cut, hipster or hip-huggers pants, which leads to exposure of the mid-section Exposure of boxer shorts Sweatshirts, T-Shirts (with the exception of CRA Logo items) or Halter Tops Skirts and Culottes that are greater than 3 inches above the knee Flip-Flops or Athletic shoes Shirts that show any part of an undergarment Shirts that inappropriately expose cleavage or the mid-section Shirts unbuttoned more than the 2nd button from the top See through, mesh, or clothing that is too tight Each Friday has been designated as dress down day for those employees who regularly follow the office dress code (non-uniformed clerical, etc). It is a privilege which permits a relaxation of the normal business attire described above. The same guidelines for businesslike attire apply on Fridays, dress down day, with the exception that jeans, tee shirts, and athletic shoes are allowed to be worn. Clothing should be neat in appearance and without tears or holes (even if it is the style). Tee shirts must not have anything that has advertising on it. There are times when traditional business attire should be worn on days when casual attire is permitted. Employees should take the day's schedule into account when they dress. If a meeting is scheduled with visitors, or if there are visitors with whom the employee will come in contact, business attire may be more appropriate. The CRA's primary object is to have employees project a professional image while taking advantage of more casual and relaxed fashions. Any employee who does not meet the standards of this policy will be required to take corrective action, which may include leaving the premises. Non-exempt employees will not be compensated for any work time missed because of failure to comply with this policy. Violations of this policy also will result in disciplinary action. 00950371-2 60 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PURCHASING CARD PROGRAM EMPLOYEE AGREEMENT I, (employee name) (employee social security number), hereby request a Purchasing Credit Card ("Card"). As a Cardholder, I agree to comply with the following terms and conditions regarding my use of the Card. I understand that I am being entrusted with a valuable purchasing tool and will be making financial commitments on behalf of the CRA and will strive to obtain the best value for the CRA by using "preferred suppliers." I understand that the CRA is liable to credit card companies for all charges made on the Card. I agree to use this Card for official business related purchases only and agree not to charge personal purchases. I understand that the Card may not be utilized for cash advances. I will not permit another individual to utilize the Card issued to me. I understand that the CRA will review the use of this Card and take appropriate action on any discrepancies. It is my responsibility to ensure that the supplier has the CRA's tax- exempt number. I agree to return the Card immediately upon request or upon termination of employment) including retirement. I understand that the CRA or Purchase Credit Card companies may suspend or cancel the Card at any time for any reason whatsoever and I shall return the Card immediately upon notification or cancellation. I understand, as a Cardholder, it will be my responsibility to assist in the reconciliation of my monthly statement. This includes: providing supporting charge slips/receipts and listing the reason for the purchase or job it pertains to for all transactions appearing on the statement. I agree with all of the terms and conditions of the Purchasing Manual on the assignment and control of the Purchasing Credit Card. If the Card is lost or stolen, I agree to immediately notify the Finance department immediately (1-561-737- 3256) of the loss, verbally, and in writing. Employee Signature and Date Witness Signature and Date Director of Finance and Date 00950371-2 61 Credit Card Reconciliation Form Name Date Date of Expense Amount PO# Account Vendor Business Purpose Participants Coding for Office Supplies 51230-310 $ - 51325-310 $ - 51440-310 $ - 57400-310 $ - 57500-310 $ - Total $ - Total $ - Billed Note: This is the amount showing on your credit card Amount statement. Note: After all expenses are recorded, the difference should be Difference t $0.00. Employee Signature Date Finance Department Signature Date 00950371-2 62 7, b \I OY& MTO JEW,& BLACI I RA z` ss t > )nk{{{rf R73 isff(Zi f APPENDIX HIRING AND TERMINATION POLICIES AND PROCEDURES MANUAL Revised May 2016 00950371-2 63 TABLE OF CONTENTS INTRODUCTION 63 I. EQUAL EMPLOYMENT OPPORTUNITY A. EEO Policy Statement 64 B. At-Will Employment 64 C. Equal Employment Opportunity/Anti-Discrimination Policy 64 II. RECRUITMENT& SELECTION A. Research Phase - Overview 65 B. Review External Source Alternative 65 C. Selection Phase - Overview 65 D. Application/Resume Screening 67 III. JOB OFFER STAGE A. Employment Reference Check Policy 68 B. Fair Credit Reporting Act 68 C. Criminal Background Check Policy 68 D. 1-9 Form Requirements 68 IV. PROGRESSIVE DISCIPLINE AND INVOLUNTARY TERMINATION A. Performance Behavior 70 B. Behavior Problems 70 C. Formal Actions 70 D. Formal Investigation 70 E. Progressive Discipline Policy— Four Steps 71 V. APPENDICES A. Employment Application 73 B. Sample Phone Interview Questions 80 C. Reference Checking Form 83 D. 1-9 Form 85 E. Performance Counseling/Written Warnings 89 F. Separation Report 91 G. Terminated Employee's Reference 93 H. Employee Affidavit Domestic Partnership 93 I. Exit Interview— Policy and From 98 00950371-2 64 INTRODUCTION The contents of this policies and procedures manual does not create a contract, express or implied. It is not all inclusive, and is only a set of guidelines. The manual does not alter the "at- will" relationship between the CRA and the employee (unless the employer wants to change this traditional relationship). The manual does not guarantee employment for any definite period of time and applies to all CRA employees. The manual supersedes any previous written or unwritten policies. The manual can only be changed in writing, by the Executive Director. In the event of a conflict between this manual and the Human Resources Policy and Procedures Manual, the latter shall govern. 00950371-2 65 I. EQUAL EMPLOYMENT OPPORTUNITY A. EEO Policy Statement Objective The CRA is an Equal Opportunity Employer and prohibits discrimination because of race, color, creed, religion, national origin, sex, age, political affiliation, handicap (except where such factor is a bona fide occupational qualification or is required by State and/or Federal law), sexual orientation, marital status, or veteran status in all aspects of its personnel policies, programs, practices, recruitment, examination, appointment, training, promotion, retention or any other actions and operations. The principles and policies of equal employment opportunity apply to the selection and treatment of independent contractors, temporary personnel or any other persons doing business for or with the CRA. Employees who feel they have been discriminated against should contact the Executive Director, the Human Resources Department or a Board member. The CRA expressly prohibits any form of unlawful employee harassment based on race, color, religion, gender, sexual orientation, national origin, age, disability, or veteran status. Any CRA employee who discriminates against another employee in violation of this policy is subject to discipline up to and including termination. B. At-Will Employment Employment with the CRA is "at will' and is terminable by either party for any reason or no reason. Successful completion of a probationary period does not conclude or alter the "at-will" relationship. C. Equal Employment Opportunity/Anti-Discrimination Policy 1. Scope of Policy The policy of equal employment opportunity and anti-discrimination applies to all aspects of the relationship between the CRA and its employees and job applicants including, but not limited to: • Recruitment • Employment • Promotion •Transfer •Training •Working conditions •Wages and salary administration • Employee benefits and application of policies The principles and policies of equal employment opportunity apply to the selection and treatment of independent contractors, temporary personnel or any other persons doing business for or with the CRA. 00950371-2 66 2. Implementation of Policy The staff of the CRA will be responsible for the dissemination of this policy. Directors, managers and supervisors are responsible for implementing equal employment practices within each department. The Executive Director or his/her designee is responsible for the CRA's overall compliance and shall maintain personnel records in accordance with regulatory compliance. In accordance with Equal Employment Opportunity Commission (EEOC) regulation, the CRA asks that all employees voluntarily self identify race and ethnicity to the extent necessary to ensure that the CRA is in full compliance with federal and state civil rights laws and regulations, and in turn protecting the rights of all employees from discrimination. If an employee declines to self-identify, employment records or observer identification may be used. 3. Procedures CRA practices identified herein include: a. The CRA will display posters regarding equal employment opportunity in areas highly visible to employees. b. All advertising for job applicants includes the statement "An Equal Opportunity Employer - M/F/D/V." II. RECRUITMENT& SELECTION A. Research Phase - Overview 1. Current employees. 2. Employee referrals. 3. Former employees. B. Review External Source Alternatives Include: 1. Companies/organizations; billboards; billing inserts. 2. College and university career services or placement centers. 3. Community schools and colleges. 4. Current prospects, and candidates; ethnic organizations. 5. Internet ads; bulletin boards; Internet newsgroups. 6. New employee referrals; newspaper ads. 7. Newspaper articles; open houses; other companies and agencies that are downsizing. 8. Private employment agencies; professional associations. 9. Professional conferences; professional journal ads. 10. Professional networks. 11. Public employment agencies; radio ads; radio reports. 12. Senior citizen groups; television ads; television reports. 13. Temporary help agencies; trade associations. 14. Trade or professional journal ads or articles. C. Selection Phase -- Overview 1. Resume Review 00950371-2 67 2. Set Up Interview Appointments 3. Evaluate the candidate's explanation for staying at previous jobs and for leaving previous jobs. a. Evaluate the needs and wants of the candidate for any of the following: 1. Fit with the profession. 2. Fit with the culture and vision of the CRA. 3. Fit with the management or leadership styles of CRA personnel. 4. Fit with the organizational vision and values. 5. Fit with the organizational goals and objectives. 6. Fit with the specific position the candidate is being considered for in terms of job tasks, knowledge skills and abilities. b. Specific job requirements 1. Review the starting salary range and future salary expectations. 2. Review the mandatory and flexible benefits 3. Clarify any special family issues. 4. Clarify the amount of travel involved C. Evaluate the candidate relative to these three (3) key questions: 1. Does the job candidate appear to be fully qualified now? 2. Does the candidate appear to be readily trainable in areas where he or she can become fully qualified? 3. Should the job candidate continue in the selection process? d. Review and obtain the legal release to authorize a background check. e. Ensure the candidate knows that his/her final offer is contingent upon successful completion of the reference check, criminal background check, Fair Credit Reporting Act, and drug testing procedures if applicable for the position. 4. Set up the job-related testing processes if applicable to the position. a. Coordinate the candidate testing to be completed when, where,\ by whom. b. Obtain and review the results of all tests for each candidate and C. Inform the candidate of results of the tests and the next steps in the process. 00950371-2 68 D. Application/Resume Screening 1. Pre-Employment Inquiries: The CRA will follow all applicable laws as interpreted through court rulings and EEOC decisions, that prohibits the use of all pre-employment inquiries and qualifying factors which disproportionately screen out member of minority groups or members of one sex, and are not valid predictors of successful job performance, and cannot be justified by "business necessity." In seeking information from job candidates, the CRA will consider the following factors: a. Will the answers to these questions directly or indirectly reveal information concerning an candidate's membership in a protected class? b. Will the answers to this question, if used in making a selection, result in disparate treatment or disparate effect on minorities and/or members of one sex? C. Is this information really needed to judge an candidate's competence? or qualification for the job in question? 2. Additional Points, Resume Checklist And Areas To Cover During The Screening Process: a. Pre-employment inquiries concerning race, color, religion, sexual orientation, national origin should not be asked. b. Do not ask any non-job-related questions that pertain to marital status, pregnancy, future child bearing plans and number/age of children. C. Do not require pre-employment information about child care arrangements from female candidates only. d. Use an English language proficiency test only if language skill is a requirement of the work to be performed. e. Does the candidate show a steady record of achievement? f. Has the candidate held responsible positions? g. Has the candidate managed his/her position in growth situations, and if so, for how long? h. Has the candidate previously solved key problems similar to the agency's? i. Have there been sudden shifts in careers? j. Is the candidate transient? k. Is the resume clear about education and technical skills? I. Is the resume detailed and explanatory? M. Are prior positions explained adequately? n. Why does the candidate say they want the job? o. Has the candidate supervised or managed people? If so, how many? p. What areas do you want to explore further? 00950371-2 69 III. JOB OFFER STAGE A. Employment Reference Check Policy Job Candidates. To ensure that individuals who join the CRA are well-qualified and have a strong potential to be productive and successful, it is the policy to verify the employment references of the selected candidate prior to extending a job offer. The HR representative is designated to respond to reference check inquiries from other employers. All calls, contacts and written inquires concerning current or former employees should be referred to the Human Resources Representative. It is the policy of the CRA to provide neutral references concerning former employees. Responses to such inquiries will confirm only the dates of employment, wage rates and the title of position held. (See Appendix C for form). B. Fair Credit Reporting Act(FCRA) Once the results of the reference checks appear satisfactory, a conditional offer of employment may be extended subject to a satisfactory credit and criminal background check. (See Appendix C for form). C. Criminal Background Check Policy The CRA requires a criminal check for all full-time and part-time internal employees once a conditional offer of employment has been extended. Although a disqualification is possible, in accordance with federal and state laws, a previous conviction does not automatically disqualify a candidate from consideration for employment. Depending on a variety of factors (for example, the nature of the position, the nature of the conviction, age of the candidate when the illegal activity occurred), the candidate may still be eligible for employment with the CRA. However, if a candidate attempts to withhold information or falsify information pertaining to previous convictions, the employee will be disqualified from further employment consideration in any position with the CRA due to falsification of an application. Although a conditional offer of employment may be extended to a candidate prior to the completion of the criminal conviction check, the candidate's first day of work in the position must not be prior to the satisfactory completion of the criminal conviction check. D. 1-9 Form Requirements (See Appendix D for I-9 form). 00950371-2 70 Whenever an employer hires an individual (U.S. citizen or non-U.S. citizen) as an employee, the CRA completes the 1-9 form. An employee is defined as any person who performs labor or services in return for wages or other remuneration. If an employee does not have the proper documentation within three business days of his or her start date, the employer must terminate the employee. Three (3) business days means that the CRA counts weekends and holidays as business days if the CRA is open for business on those days. If within this time the employee produces a receipt showing that he or she has applied for a work authorization or identification document, the employee must be given ninety (90) days to produce the required documentation. 1. Compliance With and Completion of the 1-9 Form There are three (3) important sections on the 1-9 form that must be accurately completed in order to comply with the 1-9 requirement. Section 1: The CRA completes section 1 at the time of hire (no later than the date the employee starts). It is the employer's responsibility to assure that the employee fills in the correct information and signs and dates the form. Section 2: The employee must present original documents (not photocopies) that establish identity and employment eligibility. See back of form for documents required. 2. Document Retention a. Retain the 1-9 form for every employee for the full duration of that individual's employment.. b. Keep 1-9 forms with employee's personnel file to facilitate retrieval in the event of an audit. C. The 1-9 employment verification process is an integral part of the CRA's compliance with the U.S. Immigration Laws. 3. Copying Documents Although copying documents is not required (and does not relieve the employer of the obligation to complete the 1-9 forms), in certain circumstances such a practice may be advisable, as follows: a. If copies of the documents are made, the copies must be retained with the 1-9 form. b. Copies of documents may assist the CRA and its Attorney in preparing for a USCIS audit and in defending against claims that appropriate documentation was not demanded or presented. C. In addition, maintaining copies of documents may aid the CRA in defending against assertions that it accepted fraudulent documents that it should known were not genuine. 00950371-2 71 IV. PROGRESSIVE DISCIPLINE AND INVOLUNTARY TERMINATION A. Performance or Behavior Employee problems that require corrective action generally can be classified as either performance or behavior problems. Appropriately classifying the problem into one of these two categories is an important first step and will enable the HR designee to more effectively determine an appropriate response. B. Behavior Problems 1. Examples of behavior problems include: a. Misconduct b. Negligence C. Insubordination d. Poor attendance e. Other issues 2. Behavior problems are usually completely within the employee's control. For example, employees make conscious decisions every day to either leave home in sufficient time to arrive at work on time or not, to be truthful or not, to follow rules and procedures or not, to follow their supervisors direction or not. 3. Management can do little beyond clearly stating its expectations and holding each employee accountable to those expectations. a. As a result, these problems should be addressed in a straightforward and direct manner. b. Specifically, when the employees behavior does not meet the minimum expectations, formal corrective action should be taken in the form of a verbal warning, a written warning or possibly termination. C. Formal Actions 1. A clear statement describing the employees behavior deficiency, citing specific instances wherever possible. 2. A restatement of the minimum expectations/requirements with regard to the area of deficiency. 3. The consequences to the employee of future occurrences with this and/or related behavior deficiencies. 4. A memo (in the event of a written warning or final written warning) that the employee signs acknowledging that s/he understands the contents of the discussion. D. Formal Investigation 1. Frequently, it is necessary to conduct a formal investigation as a result of an employees behavior problem. 00950371-2 72 2. When the investigation concerns employee misconduct, negligence or illegal behavior, it is a good practice to suspend the alleged violator, with pay, pending the outcome of the investigation. 3. when this occurs it is in the best interest of all parties concerned to conduct a thorough and expeditious investigation. 4. If wrongdoing is found, it is appropriate to either go back and not] pay the employee for the period of the investigation or terminate the employee effective the first date of suspension, or last written warning. 5. This practice will foster a presumption of innocence until guilt is proven. E. Progressive Discipline Policy - Four Steps Step One: Verbal counseling should be documented. 1. The documentation, which should include the date and time of the session, serves to memorialize the session so that it can be referred to subsequently. 2. The employee should be told that this is only a verbal counseling but should be asked to sign the documentation. Step Two: First Written Warning. Step Three: Second Written Warning at he discretion of the Executive Director accompanied by a short suspension (usually one (1) to three (3) days with a long suspension) and usually at least one (1) work week. This may also be the Final Warning. Step Four: Termination. 1. Some serious infractions warrant skipping one or more steps and jumping to a higher level of discipline (very serious infractions such as fighting or theft may warrant termination as the first and only step). 2. For very serious infractions, it may be appropriate to suspend an employee. 3. For example, it may be advisable to suspend employees involved in a physical altercation because the primary objective may be to remove the danger rather than to announce a termination and risk the escalation of a potentially dangerous situation. See Appendix E-G for relevant forms. 00950371-2 73 APPENDIX A 00950371-2 74 APPLICATION FOR EMPLOYMENT 710 N. Federal Highway, Boynton Beach, FL 33435 p� 4 BO fail\f tis;iStISSSySSf )Ib liFr,»r y14 S y{xr sscfi,'ig.. NT01 � RA EA(�I 'i The Boynton Beach (CRA) is an equal opportunity employer. It is the policy of the CRA to prohibit discrimination of any type and to afford equal employment opportunities to employees and applicants,without regard to race, color, religion, sex, national origin, age, disability, sexual orientation or veteran status. PERSONAL: Name: Date: Last First Middle MO/YR Address: Number & Street City State Zip Code Position Sought: Full Time Part Time Date Available: Salary Desired: Phone Number: Social Security Number: Are you over 18 years old?Yes _ No Are you legally eligible for employment in the United States? Yes_ No_ (If offered employment, you will be required to provide documentation to verify eligibility.) EDUCATION: Please indicate education or training which you believe qualifies you for the position you are seeking High School: No. of Yrs Completed (circle one) 1 2 3 4 Diploma: Yes _ No_G.E.D. : Yes_ No- School(s): City/State: College and/or Vocational School: Number of Years Completed (circle one) 1 2 3 4 School(s): City/State: Major: Degrees Earned: 00950371-2 75 Other Training or Degrees: School(s): City/State: Course: Degree or Certificate Earned: PROFESSIONAL LICENSE OR MEMBERSHIP: Type of License(s) Held: State of Florida License: License Expiration Date: Other Professional Memberships: (You need not disclose membership in professional organizations that may reveal information regarding race, color, creed, sex, religion, national origin, ancestry, age, disability, marital status, veteran status or any other protected status.) This application for employment is good for thirty (30) days only. Consideration for employment after thirty (30) days requires a new application SKILLS: (Check all that apply) Office: Data Entry: Excel or: Typewriter: wpm: Other: Word-Processing: WordPerfect: MSWORD: Other: Other Software Skills: No: RECORD OF CONVICTION: During the last ten years, have you ever been convicted of a crime other than a minor traffic offense? Yes No If yes, explain: (A conviction will not necessarily automatically disqualify you for employment. Rather, such factors as age and date of conviction, seriousness and nature of the crime, and rehabilitation will be considered). 00950371-2 76 EMPLOYMENT: List most recent employer first, including U.S. Military Service. May we contact your present employer? Yes No If any employment was under a different name, indicate name Employer: Address: Telephone: Position: Dates of Employment: From: To: MO/YR MO/YR Salary: Supervisor: Department: Duties: FT: PT: No. Of Hrs. Reason for Leaving: Employer: Address: Telephone: Position: Dates of Employment: From: To: MO/YR MO/YR Salary: Supervisor: Department: Duties: FT: PT: No. Of Hrs. Reason for Leaving: Employer: Address: Telephone: Position: Dates of Employment: From: To: MO/YR MO/YR Salary: Supervisor: Department: Duties: FT: PT: No. Of Hrs. Reason for Leaving: 00950371-2 77 If you wish to describe additional work experience, attach the above information for each position on a separate piece of paper. Explain any gaps in work history: Have you ever been discharges or asked to resign from a job? Yes No If yes, explain: REFERENCES: Name Name Address Address Phone ( ) Phone ( ) Name Name Address Address Phone ( ) Phone ( ) APPLICANT'S CERTIFICATION AND AGREEMENT I hereby certify that the facts set forth in the above employment application are true and complete to the best of my knowledge and authorize the Boynton Beach CRA to verify their accuracy and to obtain reference information on my work performance. I hereby release the Boynton Beach CRA from any/all liability of whatever kind and nature which, at any time, could result from obtaining and having an employment decision based on such information. I understand that, if employed, falsified statements of any kind or omissions of facts called for on this application shall be considered sufficient basis for dismissal. I understand that should an employment offer be extended to me and accepted that I will fully adhere to the policies, rules, and regulations of employment of the Boynton Beach CRA. However, I further understand that neither the policies, rules, regulations of employment or anything said during the interview process shall be deemed to constitute the terms of an implied employment contract. I understand that any employment offered is for an indefinite duration, and at will, and that either I or the Boynton Beach CRA may terminate my employment at any time or without notice or cause. Signature of Applicant Date 00950371-2 78 FAIR CREDIT REPORTING ACT DISCLOSURE STATEMENT FORM (The disclosure below must be by itself on a separate page.) By this document, the Boynton Beach CRA discloses to you that a consumer report may be obtained for employment purposes as part of the pre-employment background investigation and at any time during your employment. Please sign below to signify receipt of the foregoing disclosure. Candidate Signature Date WAIVER "This shall authorize the procurement of a consumer report by the Boynton Beach CRA as part of the pre-employment background investigation. If hired, this authorization shall remain on file and shall serve as an ongoing authorization for the Boynton Beach CRA to procure consumer reports at any time during my employment period." Candidate Signature Date 00950371-2 79 INVESTIGATIVE REPORT DISCLOSURE STATEMENT If using investigative consumer reports, the Agency must supplement the disclosure to comply with the additional requirements as follows: (The disclosure below must be on a separate page.) By this document, the Boynton Beach CRA discloses to you that a consumer report, including an investigative consumer report containing information as to your character, general reputation, personal characteristics, and mode of living, may be obtained for employment purposes as part of the preemployment background investigation and at any time during your employment. Should an investigative consumer report be requested, you will have the right to demand a complete and accurate disclosure of the nature and scope of the investigation requested and a written summary of your rights under the Fair Credit Reporting Act. Please sign below to signify receipt of the forgoing disclosure. Candidate Signature Date 00950371-2 80 APPENDIX B 00950371-2 81 SAMPLE PHONE INTERVIEW QUESTIONS General The "general" questions provide you the opportunity to assess some important personal characteristics such as level of maturity, willingness to go the "extra mile", work ethic, depth and breadth of previous work experience, level of realistic self-assessment, and reasonableness of the candidate's expectations relative to working for X Corporation. What, in your opinion, are the crucial factors that make a Manager/first line supervisor succeed? What do you consider your most important accomplishments to date and how do they relate to This position? Adaptability/Flexibility Questions in this dimension provide the opportunity to assess the degree to which the candidate is able to modify his/her behavior in order to adapt to changes in situations, time constraints and the changeable behaviors of others. When have you had to reschedule your time to accommodate an unexpected workload?Who or what was affected, and what were the outcomes? Please provide two or three examples when you went beyond the call of duty to get something done. This position requires an employee to work either days, afternoons, nights, weekends and holidays. An employee may also be called back to work or called in when they are not working.Are you willing to work these varying hours?Also, is there anything that would interfere with you being able to work varying hours? Integrity The integrity question provides you the opportunity to assess some important personal characteristics such as the ability to conduct oneself in a manner above reproach, and maintaining a good self-image for him or herself and X Corporation. How would you describe yourself in terms of your integrity, and what would two of your former supervisors and one of your co-workers say about your work habits, positive and negative, in general? Interest in Position The question in this category provide you the opportunity to assess the candidate's interest in working for Corporation X: performing day-to-day activities and their dedication to this position and corporation. 8. Please outline why your knowledge, skills, abilities (ksa's), educational background and other personality characteristics qualify you for this position. Prioritizing/Planning The question in this category provide you the opportunity to assess the candidate's ability to prepare, plan, and prioritize problem situations, tasks and responsibilities for him or herself in order to reach objectives and goals within time constraints. 00950371-2 82 9. What would you do during your probationary period to be the most effective and efficient? Reasoning and Judgment The question in this dimension enable you to assess the degree to which a candidate demonstrates the ability to recognize and identify problems, issues and concerns and connect one piece of information with another. 10. What has been a problem that you had to deal with in past employment situations? Tell us about how you analyzed the situation, how you identified the key factors, and developed your conclusions? Manageability The question in this dimension provide assessment of a candidate's "manageability" in terms of following orders, accepting constructive criticism and feedback, and the level of satisfaction with being a team member versus acting autonomously with limited regard or respect for the chain of command. 11. What kind of experience have you had working or being in a team environment and what do you need to feel sufficiently recognized for your contributions in fulfilling the X Corporation's mission? Second part of question; What kind of people do you dislike working with and how do you handle it when you have to work with them? 00950371-2 83 APPENDIX C 00950371-2 84 REFERENCE CHECKING FORM Candidate Name: Last First Middle Initial Reference Name: Company Name: Dates of Employment: From: To: Position(s) Held: Salary History: Reason for Leaving: Explain the reason for your call and verify the above information with the supervisor (including the reason for leaving). 1. Please describe the type of work for which the candidate was responsible. 2. How would you describe the applicant's relationships with coworkers, subordinates (if applicable), and with superiors? 3. Did the candidate have a positive or negative work attitude? Please elaborate. 4. How would you describe the quantity and quality of output generated by the former employee? 00950371-2 85 REFERENCE CHECKING FORM 5.What were his/her strengths on the job? 6.What were his/her weaknesses on the job? 7.What is your overall assessment of the candidate? 8.Would you recommend him/her for this position?Why or why not? 9.Would this individual be eligible for rehire?Why or why not? Other comments? 10. We are considering the candidate for a position that requires (Independent judgement, managing others, public contact, etc.). Do you believe the candidate can be successful in such a position?Why or why not? 00950371-2 86 APPENDIX D See files for 1-9 form 00950371-2 8 APPENDIX E 00950371-2 88 PERFORMANCE COUNSELING /WRITTEN WARNING EMPLOYEE: DATE: ❑ Counseling ❑ 1St Written Warning ❑ 2nd Written Warning The purpose of this discussion is to once again bring to your attention ongoing deficiencies in your conduct and/or performance. The intent is to define for you the seriousness of the situation so that you may take immediate corrective action. Your job performance or conduct has been unsatisfactory, and must improve. REASON FOR COUNSELING OR WARNING: CORRECTIVE ACTION REQUIRED AND TIME FRAME: You and I will meet at the end of days to review your progress. If significant improvement is not shown at the end of The warning process, your employment with the Boynton Beach CRA will be terminated. Please sign below. Your signature on this document is an acknowledgment that this matter has been discussed with you and you have reviewed this document prior to inclusion in your personnel file. You also acknowledge and understand the potential consequences of non- compliance. EMPLOYEE SIGNATURE: DATE: SUPERVISOR SIGNATURE: DATE: 00950371-2 89 APPENDIX F 00950371-2 90 SEPARATION REPORT Employee: Supervisor: Start Date: Separation Date: Last Day Worked: Total hours worked: Accrued Vacation: Sick time: Comp time: (FOR PAYROLL USE ONLY) REASON FOR TERMINATION: o poor job performance o violation of CRA policy o did not meet performance goals o harassment or discrimination o excessive absenteeism o insubordination o lack of work o negligence o misconduct o discharge o terminated within 90 days of hire o other: Employee Received: Wages in lieu of notice Separation Pay Vacation Pay Sick Pay Comp Time Voluntary Termination [ ] Involuntary Termination [ ] Was employee given reason for discharge? Yes [ ] No [ ] Had employee been warned about their conduct, attendance, work etc.? Yes [ ] No [ ] Is employee eligible for rehire? Yes [ ] No [ ] If no, why? Employee Signature: Date: [ ] Employee Refused to sign [ ] Employee unavailable for signature [ ] Copy mailed via certified letter with return receipt Supervisor Signature: Date: Executive Director: Date: [ ] Copy to Employee 00950371-2 91 APPENDIX G 00950371-2 92 TERMINATED EMPLOYEE REFERENCE As a former employee of the CRA, I understand that at some time in the future, someone may call the CRA for a reference. I give my permission for the following information to be provided on my behalf- ❑ A disclosure of my work record, including but not limited to- attendance performance reason for separation dates of employment title or position and rate of pay eligibility for re-hire ❑ A partial disclosure of my work record dates of employment eligibility for re-hire rate of pay ❑ A disclosure of my dates of employment only and an explanation that this limited reference was at my request. I recognize that by law, my former employers are required to provide information to a prospective employer if I am considered a harassment or workplace violence risk. Employee Signature Date Witness Signature Date 00950371-2 93 APPENDIX H 00950371-2 94 EMPLOYEE AFFIDAVIT OF DOMESTIC PARTNERSHIP I, , submit this Affidavit to the Boynton Beach Community Redevelopment Agency and declare to establish as my Domestic Partner (as defined below) for the purpose of applying for medical insurance and any other benefits offered to dependents of an employee of the Boynton Beach Community Redevelopment Agency. "Domestic Partner" means a person of the same or opposite sex with whom the employee has established a Domestic Partnership. "Domestic Partnership" means a relationship between an employee and one other person of the same or opposite sex, who meet all of the following eligibility requirements- a) Each person is at least eighteen (18) years old and legally competent to contract-, b) Neither person is in a current marriage recognized by the state of Florida nor currently a partner to another domestic partnership or civil union with any individual other than the other person signing the declaration of domestic partnership-, c) Neither partner is related to the other by blood-, d) Consent of either person to the domestic partnership relationship has not been obtained by force, duress or fraud-, e) Each person agrees to be jointly responsible for each other's basic food and shelter-, f) Each partner considers himself or herself to be a member of the immediate family of the other partner-, g) The partners reside in a mutual residence-, h) Each domestic partner agrees to immediately notify the Department, in writing, if the terms of the Declaration of Domestic Partnership are no longer applicable or if one (1) of the domestic partners wishes to terminate the Domestic Partnership. i) Neither individual has signed a Domestic Partner Affidavit or declaration with any other person within the last twelve (12) months prior to designating each other as Domestic Partners with the Boynton Beach Community Redevelopment Agency. I affirm that we are Domestic Partners and meet the Domestic Partnership eligibility requirements and reside together at- 00950371-2 95 (street address) (city, state, zip) I have attached the following documents as evidence of common residence and joint financial responsibility. These documents are the most current and valid to the best of my knowledge. • RESIDENCE — at least two of the following - copy of mortgage document or lease showing both names (joint ownership or leaseholders), copy of marriage certificate or civil union from another state (for same-sex partnerships), copies of drivers licenses or State of Florida identification cards, or tax returns showing the same address. • FINANCIAL RESPONSIBILITY—at least two of the following- copy of statement from a joint bank account, credit cards with same account number for both partners names, vehicle title showing common ownership, a beneficiary designation form for a retirement plan or life insurance policy showing that one domestic partner is the beneficiary of the other, or wills which designate the other as the primary beneficiary. DEPENDENT CHILD(REN) OF DOMESTIC PARTNER — CERTIFICATION Domestic Partner Dependent Child(ren) Last Name First Name Middle Date of Birth Last Name First Name Middle Date of Birth Last Name First Name Middle Date of Birth Last Name First Name Middle Date of Birth Last Name First Name Middle Date of Birth We hereby certify that the above named child(ren) of the Domestic Partnership meet all of the eligibility requirements listed below for coverage under the group medical plan. • The child(ren) reside with both the employee and the domestic partner, and the domestic partner is responsible for the child(ren)'s well-being; or the domestic partner is required to provide medical coverage for the child(ren) by court order; or 00950371-2 96 • The child(ren) qualifies as the domestic partner's dependent(s) for tax purposes under the federal guidelines; and • The child(ren) meets and continues to meet the eligibility requirements as outlined in the Dependents Eligibility section of the Affidavit of Domestic Partnership form. I further acknowledge and understand- • 1 have an obligation to submit to the Boynton Beach Community Redevelopment Agency an Affidavit of Termination of Domestic Partnership within 30 days of when the Domestic Partnership eligibility requirements are no longer met or within 30 days of the death of my Domestic Partner. Coverage of the domestic partner will terminate on the date of death of the domestic partner or on the last day of the first month that the domestic partner and/or domestic partners eligible dependent child(ren) fails to continue to meet all of the applicable domestic partnership eligibility requirements. • 1 cannot file another Affidavit of Domestic Partnership for a new Domestic Partner until at least 12 calendar months after a statement of death or Termination of Domestic Partnership has been filed. • Any fraudulent statement, omission, or concealment of facts, misrepresentation, or incorrect information contained in the Affidavit of Domestic Partnership may result in my being responsible for reimbursement of any expenses paid by the Boynton Beach Community Redevelopment Agency's medical carrier, or in the denial of the claim or cancellation or rescission of coverage under this contract. Disciplinary action pursuant to Boynton Beach Community Redevelopment Agency Human Resources Manual may be taken up to and including termination of employment. I affirm that the information provided above is true and complete to the best of my knowledge. Signature of Employee Date Signature of Domestic Partner Date Notary as to Employee- Signature of Notary Public Date (SEAL) Notary as to Domestic Partner- Signature of Notary Public Date (SEAL) 00950371-2 9 EMPLOYEE AFFIDAVIT OF TERMINATION OF DOMESTIC PARTNERSHIP I, , submit this Affidavit to the Boynton Beach Community Redevelopment Agency and declare to terminate as my Domestic Partner for the purpose of applying for medical insurance and any other benefits offered to dependents of an employee of the Boynton Beach Community Redevelopment Agency, effective If the reason for dissolving the Domestic Partnership is for a reason other than the death of the Domestic Partner, I affirm that I have notified my Domestic Partner of the termination of this Domestic Partnership as indicated by one of the following methods- a) My Partner has joined in this Affidavit of Termination of Domestic Partnership by signing below in the presence of a notary public; or b) Notice was delivered to my former Domestic Partner by registered or certified mail, return receipt requested at his/her last known address. I have provided the proof of service (return receipt) to the Boynton Beach Community Redevelopment Agency as required, by attaching such proof to this form. I understand that I cannot file another Affidavit of Domestic Partnership for a new Domestic Partner until at least 12 calendar months after signing and submitting this Affidavit of Termination of Domestic Partnership to the Boynton Beach Community Redevelopment Agency. I affirm that the information provided above is true and complete to the best of my knowledge. Signature of Employee Date Signature of Domestic Partner Date Notary as to Employee- Signature of Notary Public Date (SEAL) Notary as to Domestic Partner- Signature of Notary Public Date (SEAL) 00950371-2 98 APPENDIX 1 00950371-2 99 EXIT INTERVIEW POLICY Purpose: To ensure that exiting employees are informed of their benefits and rights and to maintain accurate records on reasons for termination of employment. Policy: It is the policy of the Boynton Beach Community Redevelopment Agency ("CRA") to ensure that any employee whose employment is being terminated (voluntarily or involuntarily) receives an exit interview. The exit interview shall be held at the time of the employee's discharge. The interview will be conducted by the Executive Director or designee. The objectives of the exit interview are as follows- o To determine the actual reason for an employee's resignation; o To discover any grievances the employee may have about the department in order that corrective action(s) may be undertaken-, o To discover any misunderstandings the employee may have had about his/her job, or with his/her supervisor(s) in order that corrective action(s) may be undertaken-, o To retain the goodwill of the employee toward the CRA; o To review administrative details with the employee such as benefits continuation rights and conversion privileges, if any, final pay, re-employment policy, and employment compensation-, and o To arrange for the return of any CRA property which has not already been returned to the department supervisor. Procedure: 1. When an employee announces his/her intention to resign, the supervisor/department head should schedule an exit interview for the employee with the CRA Executive Director or designee as soon as possible. 2. When a decision has been made to terminate an employee, the employee should meet with the CRA Executive Director or designee for an exit interview as soon as possible, as appropriate. 3. During the exit interview, the CRA Executive Director or designee will seek to meet all objectives listed in this Exit Interview Policy statement. 4. The departing employee will complete the Exit Interview Form (sample attached) as thoroughly as possible. 5. Any information obtained during the exit interview may be disclosed to (and/or discussed with) the supervisor, the Department Head, the CRA Executive Director and the Board of Commissioners in order to investigate any allegation(s) made and/or to be made aware of emerging problem(s). The Department Head, the CRA Executive Director may make recommendations to the Board of Commissioners for corrective action based on the information contained in the exit interview. 00950371-2 100 EXIT INTERVIEW FORM Employee's Name: Job Title: Department: Employed From To Reason for Leaving: Resignation Discharge Layoff Other Have you accepted another position? Yes No If yes, where? Present Title: New Title: Present Salary: New Salary: Additional Fringe Benefits offered by new employer- 1. mployer:1. How long ago did you begin searching for another position? What incident or circumstance(s) made you begin looking for another job? 2. What were the reasons you decided your career goals could not be met here or could be better met somewhere else? 3. Did you speak with your supervisor or anyone else in management concerning your career goals? Yes No 4. If the answer to 3 above was Yes, what was the outcome of this conversation? 5. If the answer to 3 above was No, why not? 00950371-2 10 1 6. Did you get along well with your supervisor? Yes No . If No, please explain- 7. How well did your supervisor handle any complaints or grievances you may have had? 8. What could have been done to make yourjob here more rewarding? 9. What did you like best about your job? 10. What did you dislike about yourjob? 11. What makes the CRA a good place to work? 12. What makes the CRA a poor place to work? 13. How does your new position compare with the one you are leaving? 14. How would you rate the following- ➢ Job responsibilities? o Outstanding o Very Good o Satisfactory o Fair o Unsatisfactory ➢ Opportunity for achieving goals? o Outstanding o Very Good o Satisfactory o Fair o Unsatisfactory ➢ Work environment? o Outstanding o Very Good o Satisfactory o Fair o Unsatisfactory ➢ Supervisor? o Outstanding o Very Good o Satisfactory o Fair o Unsatisfactory ➢ Pay? o Outstanding o Very Good o Satisfactory o Fair o Unsatisfactory 00950371-2 102 ➢ Benefits? o Outstanding o Very Good o Satisfactory o Fair o Unsatisfactory 15. What recommendations would you have for making your department and/or the CRA a better place to work? 16. Would you have stayed if a more-satisfactory arrangement could have been worked out? Yes No If yes, explain- 17. It has been explained to me that completion of this Exit Interview form is voluntary and I was given the option not to complete this form if I so desired. Yes No 18. I authorize the placement of this Exit Interview form in my personnel file- Yes No Employee Signature- Date- 00950371-2 103 APPENDIX J 00950371-2 104 EMPLOYEE E CE I T AND ACCEPTANCE I have this day received the Boynton Beach Community unity Redevelop ent Agency ("CRA") Human an Resources Policies&Procedures Manual("Manual")and I understand that I am responsible for reading the policies and procedures described within it. I understand that the policies, procedures and benefits contained in this Manual may be modified by the CRA at any time. I understand that I am expected to follow the policies and procedures outlined in this Manual. I also understand that any violation of these or any other CRA policy, practice or procedure will subject me to disciplinary action, up to and including separation. I understand that my employment is at-will, which means that the CRA may discharge me at any time, for any reason whatsoever, with or without cause and with or without notice. I understand that the CRA will not modify its policy of employment-at-will in any case. I understand that nothing within this Manual or within any of the C,RA's policies, practices or procedures is intended to create a contract of employment, express or implied, or a guarantee of continued employment for a specific duration or interfere with, restrain, or prevent employee communications regarding wages, hours or other terms and conditions of employment. I understand and acknowledge that when the ter "HR Designee" is used in this Manual it means a member of Fordllarrison I.I.F. As instructed in this document, I may reach the HR Designee by calling 561- 5-7502® I acknowledge that I must be Prepared to provide my name,phone number and employer. If I have any questions regarding the content or interpretation of this Manual, I will bang them to the immediate attention of the Executive Director. Employee Signature Date Executive Director Signature Date 00950371-2 105 t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CONSENT AGENDA AGENDAITEM: 10.F. SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the amount of $10,800 for Monarch Pet Memorial Services Inc. located at 805 N. Federal Highway SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides eligible new or existing businesses located within the CRA district with rent payment assistance for a maximum period of 12 months within the first 18 months of a multi-year lease. CRA staff has received a complete grant application from Monarch Pet Memorial Services, Inc., located at 805 N. Federal Highway, Boynton Beach, FL 33435 (see Attachment I & 11). Monarch will offer dignified pet cremation, funeral home and pet memorial services to families in South Florida. The first of its kind in the area, Monarch will provide Aquamation, an environmentally friendly alternative to flame cremation, to create ashes. Not only will Monarch bring jobs in the Boynton area, but also a service that many families and veterinarians will utilize. Under the terms of their lease agreement as a tenant 805 N. Federal Highway, the base rent required to be paid is $2,000 per month (see Attachment 111). Monarch Pet Memorial Services, Inc., falls under the category of a Tier I I business (as specified in the grant application) and if approved, the applicant is entitled to receive reimbursement for half of the monthly rent amount or maximum grant amount of$900 per month for a 12 month period, whichever is less. The applicant meets the eligibility requirements under the Commercial Rent Reimbursement Grant Program guidelines and if approved, will be reimbursed on a quarterly basis with proof of rent payments. FISCAL IMPACT: $10,800 — FY 2017 -2018 Project Fund, line item 02-58400-444 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Rent Reimbursement Grant not to exceed $10,800 to Monarch Pet Memorial Services, Inc., located at 805 N. Federal Highway, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Rent Reimbursement Grant Application D Attachment II - Location Map D Attachment III - Lease BOYNTON ti tli t.. 1101"BEACK""CRA October 1, 2017 — September 30, 2018 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA") District. The program is designed to provide financial assistant to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation. The CRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the CRA District. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term "new business" means a company in operation for less than six months or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the CRA District for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initials Page 1 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737-3256 Fax: (561)737-3258 www.catchboynton.com Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance in the form of a reimbursable grant in the form of a quarterly rent reimbursement. The time period of eligibility for assistance is up to six months from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, City and County licenses are obtained and the business is open for operation. The CRA will issue reimbursement on a quarterly basis directly to the applicant for the monthly rent payment made to the landlord upon receipt and verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor the CRA neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Must be located within the CRA District(see attached map). C/ • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 50% of its current square footage size. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the CRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, within the sole discretion of the CRA, as an eligibility Initials p—CILk Page 2 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737-3256 Fax: (561)737-3258 www.catch boynton.com requirement for funding. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher to be eligible. If one or more business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease (two year minimum). • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the CRA the rights and use of photos and project application materials. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales • Convenience Store • Religious Affiliated Retail Stores . Churches • Non Profits • Fitness Centers over 4,500 sq.ft. • Check Cashing Stores . Take-Out Foods • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Kava Tea Bars • Pawn Shops • Alcohol and/or Drug Rehabilitation • Tattoo Shops/Body Piercing/Body Centers/Housing Art Shops • Medical Research Centers/Housing • Any other use that the CRA staff or • Massage/Personal Services CRA Board have determined not to support the redevelopment of the CRA District Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of CRA Board approval. Initials Page 3 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561)737-3258 www.catchboynton.com Tier One Business (Full-Service Restaurants Only) Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as submitted at the time of CRA Board approval up to a maximum amount of $45,000 in grant funding. Only full service restaurants with a minimum total seating capacity of 50 seats are eligible to be in Tier One. The restaurant must have hours conducive for the development of the downtown serving at least lunch and dinner. Proof of seating capacity shall be confirmed by a copy of the City of Boynton Beach Local Business Tax Receipt. Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as submitted at the time of CRA Board approval up to a maximum amount of $25,000 in grant funding. Tier Two Businesses must be one of the following types of businesses: • Restaurants with total seating ® Clothing Boutique— clothing, shoes capacity under 50 & accessories • Gourmet Food Market • Bakery • Bed and Breakfast • Medical Offices • Marketing Offices • Accounting Offices • Law Offices • Real Estate Offices Fitness Center less than 4,500 sq.ft . Insurance Offices (no more than 2 approvals per fiscal . Florist (no more than 2 approvals year) per fiscal year) • Specialty Businesses— stationary, • Hair/Nail Salons (no more than 2 gifts, sporting goods approvals per fiscal year) • Home Decor/Design — home furnishings, art galleries, kitchen wares g�Initials Page 4 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737-3256 Fax: (561)737-3258 www.catchboynton.com Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; L1 . • Description of utilities that the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; - • Responsible party for interior and exterior repairs and/or improvements-,r • Insurance requirements; • Ability to terminate; and, • Consequences of default on the leas . Subletting of the property by grant recipient is prohibited. Violation will constitute repayment of CRA grant funding. The CRA considers the following to be subletting: Any business entity in which the A) grant recipient is not listed as the registered agent, owner, officer or director of said business; B) lists its place of business as the leased premises of the grant recipient; or C) has obtained a business tax license from the City of Boynton Beach for the grant recipients' leased premises or any part thereof. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Application Process Applications can be obtained from the CRA office located at 710 North Federal Highway, Boynton Beach, FL 33435 or downloaded from www.catchboynton.com. All applicants are required to meet with CRA staff in order to determine eligibility before submitted an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. Initials Page 5 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com Applicants must submit an original, "hard copy" application with all materials to the CRA for review and approval by the CRA Board. Applicants will be considered on a first- come, first served basis. Application packets must include the following documentation: „,4A non-refundable fee of $100 is required to obtain a consumer credit report on the business and principal/owners of business. Make check payable tory B Beach CRA. esum fe or each principal/owner of the business. Copy of the corporate documents for the applying business entity. Copy of City and County Business Licenses (Business Tax Receipt). Copy of executed multi-year commercial lease agreement, Two years of corporate tax returns(for existing businesses only). Two years of personal tax returns for the principal/owners of a new business. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. an existing business must expand to occupy more than 50% of its current square footage size. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the CRA Board if the tenant is losing their current space due to redevelopment of the site. Completed and signed application (attached). 1.Authorization to perform credit check for the business and each principal/owner of the business (attached). 42.W9 Form (attached). Approval of Funding Request All required documentation must be submitted no later than noon on the first Tuesday of the month. CRA staff will review the application to verify that the project is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and approval. The CRA Board meets on the second Tuesday of each month. The schedule for CRA Board meetings can be obtained at www.catchboynton.com. Applicants will be notified of the date and time that their applications will be considered by the CRA Board. Initials LO Page 6 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561)737-3258 www.catchboynton.com The CRA recommends that applicants attend the CRA Board meeting during which the Board will consider their applications in order to answer any questions the CRA Board may have regarding their applications. CRA staff will notify the applicant of the CRA Board's approval or denial in writing. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Site Visits CRA may conduct a site visit prior to transmitting the application to the CRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant agreement. Procedures for Reimbursement Quarterly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to CRA Board approval. A maximum of 12 consecutive monthly rent payments will be reimbursed to the approved applicant. Each report shall be made within 10 days of the start of the next applicable quarter beginning on January 1St, April 1St, July 1St and October 1St following the initial Reimbursement Request. In order to receive quarterly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that quarter's reimbursement or proof of direct deposit). If applicant does not submit its quarterly reimbursement request within 30 days following the end of the quarter in which applicant is requesting reimbursement, applicant forfeits that quarter's reimbursement. Initials Page 7 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737-3256 Fax: (561)737-3258 www.catchboynton.com Discontinuation of Payment The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent reimbursement payments at any time according to its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the CRA to any third party. The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the CRA to award grant funding. Initials R. Page 8 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON BEACRCRA APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): Current Business Address: Fed ID#: ` Business Phone Number: Fax: Website: C�$` 1 U_A- < a l C e S C) Existing Business: Yes No — Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No If so, monthly base rent: New Business Address: Bvo-c -q 3- V---Square footage of current location: Square footage of new location: Zy )Z2 Type of Business: T� Vl Y 1 r C _ 9fA2U 16 _ Number of Employees:€ -5 Hours of Operation: 1J i Page 9 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -3256 Fax: (561)737-3258 www.catchboynton.com 1 BOYNTON ,' ' �' C' RA BEACH APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: UM Date of Birth: Email: c`r f 17 Residential Address: o pc-A-" UA- Cell Phone Number: 3kl_ .< al-y 0 I 2. Principal/Owner Name: Date of Birth: Ems Residential Address: / Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: t Date of Birth: Email: Residential Address: r Cell Phone Number: Page 10 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435-Phone:(561)737-3256 Fax: (561)737 -3258 www.catchboynton.com BoYNToNI," BEACH ,,,,CRA APPLICANT INFORMATION Are you applying for grant assistant under any other program offered by the CRA? (Tier One Businesses Only): Yes No If yes, what additional programs are you applying for: A—L M, �QA fYv t'E Are you receiving grant assistance under any other governmental agencies: Yes_ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: Landlord's Mailing Address: Landlord's Phone Number: 094 at 4L-) 1 CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment AgencyRoaLrd. Initials Page 11 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON' BEACK11C APPLICANT INFORMATION I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the Boynton Beach Community Redevelopment Plan. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Initials—9—A Page 12 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com 4? } 4i li BOYNTON � I" WNM=BEACH ,,CRA APPLICANT INFORMATION APPLICANT SIGNATURES: 1. Principal/Owner's 'gn ture ate Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF ga COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared Wwho is/are personally known to me or produced �( ',c ,�,�t"N 'Z %,A as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and Oficial seal in the State and County aforesaid on this ( day of L.pz 20-E--. NOTARYAoi�ies:-. My Comms . 40rfvdl� State of Floridam orro GGG 1 C g6a}at67 Vires Page 13 of 14 ent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435-Phone:(561)737-3256 Fax: (561)737-3258 www.catchboynton.com NTON ft 7 rt } BEACH "ICRA- LANLORD INFORMATION LANDLORD SIGNATURES: 1. � Landlord's Sig ture Pate Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures -Multiple notary pages may be used if signing individually STATE OF COUNTY OFCl BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared ` Vtw�� ;., i _. who is/are personally known to me or produced Mrd. as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 01+° Notary Public State of Florida Summer L Sampedro•Carbajal NOTARY P ,q My Commission Ga t6sa87 ''ram® E)Vreso6n7/2021 My Commissio y Page 14 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737-3256 Fax:(561)737-3258 www.catchboynton.com 4/12/2018 PAPA Maps DOROTHYJACKS ~t �y Search b Owner,Address or Parcel } d y _ ■ II 11 .I no } t 1 View Property Record Owners SEAQUATIC HOLDINGS LLC Y � f � Property detail Location 805 N FEDERAL HWY Municipality BOYNTON BEACH - it Parcel No. 08434521 320010170 Subdivision LAKE ADD TO BOYNTONPv Book 29442 Page 969 Sale Date OCT-2017 py 830 NORTH RD s+ Mailing Address BOYNTON BEACH FL 33435 3238 Use Type 1 100-STORES 'r _ -- •. _ rS)tYi ,i�4} �� `}� Ii4 ,'.. Total Square Feet 1 796 5 s •'VWE 7th-.4WD .. -, - ! `` I i A} t{( 11� I� • Sales Information Sales Date Price OCT-2017 360000 NOV-2004 265000 MAR-1998 80000 JUL-1 986 100 §t1i,` ;11f r i�1jis t MAR-1 985 100 Appraisals Tax Year 2017 V Improvement Value $127,701 Land Value $125,618 Total Market Value $253,319 All values are as ofJanuary 1st each year t Assessed/Taxable values Tax Year 2017 Assessed Value $236,514 t Exemption Amount $0 - Ott Taxable Value $236 514 tu„stl;res;,;sssssssssssssssssssssssssssss,t ,�a�v I� } 't t y Taxes Tax Year 2017 !) Ad Valorem $5,164 J!,t - - Non Ad Valorem $848 Total tax $6,012 http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434521320010170 1/1 COMMERCIAL L ASE AGREEMENT THIS LEASE AGREEMENT is made and entered into on June 1, 2018, by and between Seaquatic Holdings, LLC, whose address is 830 N Road, Boynton Beach, FL 33435 (hereinafter referred to as "Landlord"), and Monarch Pet Memorial Services Inc., whose address is 805 N Federal Hwy, Boynton Beach, FL 33435 (hereinafter referred to as "Tenant"). ARTICLE I - GRANT OF LEASE Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed and observed by the Tenant, does hereby lease to the Tenant and the Tenant does hereby lease and take from the Landlord the property described in Exhibit "A" attached hereto and by reference made a part hereof(the "Leased Premises"),together with, as part of the parcel, all improvements located thereon. ARTICLE II- LEASE TERM Section 1. Term of Lease. The term of this Lease shall begin on the Commencement Date, as defined in Section 2 of this Article II, and shall terminate on June 1, 2021 ("the Termination Date"); provided, however, that at the option of Tenant, Tenant may renew this Lease for three additional successive one-year terms at a Monthly Rent of$2,000 per month,provided that notice of such renewal is given in writing no less than 120 days prior to the Termination Date or the expiration of any one-year renewal term. Tenant may at any time cancel this Lease and terminate all of its obligations hereunder by the payment of$10,000,plus all other amounts then due under this Lease. Section 2. Commencement Date. The "Commencement Date" shall mean June 1, 2018. ARTICLE III - EXTENSIONS The parties hereto may elect to extend this Agreement upon such terms and conditions as may be agreed upon in writing and signed by the parties at the time of any such extension. ARTICLE IV -DETERMINATION OF RENT Section 1. Monthly Rent: The Tenant agrees to pay the Landlord and the Landlord agrees to accept, during the term hereof, at such place as the Landlord shall from time to time direct by notice to the Tenant,monthly rent set forth in the following table: Period of: June 1, 2018 to June 1, 2021: $ 2000.00/month June 1, 2021 to June 1, 2022: $2,500.00/month June 1, 2022 to June 2023: $3,000/month Section 2. Late Fee. A late fee in the amount of 5%of the Monthly Rent shall be assessed if payment is not postmarked or received by Landlord on or before the tenth day of each month. 1 � COMMERCIAL LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings,Inc. ARTICLE V - SECURITY DEPOSIT The Tenant has deposited with the Landlord the sum of One Thousand Dollars ($1,000.00) as security for the full and faithful performance by the Tenant of all the terms of this lease required to be performed by the Tenant. Such sum shall be returned to the Tenant after the expiration of this lease, provided the Tenant has fully and faithfully carried out all of its terms. In the event of a bona fide sale of the property of which the leased premises are a part, the Landlord shall have the right to transfer the security to the purchaser to be held under the terms of this lease, and the Landlord shall be released from all liability for the return of such security to the Tenant. ARTICLE VI -TAXES Section 1. Personal Property Taxes. The Tenant shall be liable for all taxes levied against any leasehold interest of the Tenant or personal property and trade fixtures owned or placed by the Tenant in the Leased Premises. Section 2. Real Estate Taxes. During the continuance of this lease Landlord shall deliver to Tenant a copy of any real estate taxes and assessments against the Leased Property. From and after the Commencement Date, the Tenant shall pay to Landlord not later than twenty-one (2 1) days after the day on which the same may become initially due, all real estate taxes and assessments applicable to the Leased Premises, together with any interest and penalties lawfully imposed thereon as a result of Tenant's late payment thereof, which shall be levied upon the Leased Premises during the term of this Lease. Section 3. Contest of Taxes. The Tenant, at its own cost and expense, may, if it shall in good faith so desire, contest by appropriate proceedings the amount of any personal or real property tax. The Tenant may, if it shall so desire, endeavor at any time or times, by appropriate proceedings,to obtain a reduction in the assessed valuation of the Leased Premises for tax purposes. In any such event, if the Landlord agrees, at the request of the Tenant,to join with the Tenant at Tenant's expense in said proceedings and the Landlord agrees to sign and deliver such papers and instruments as may be necessary to prosecute such proceedings, the Tenant shall have the right to contest the amount of any such tax and the Tenant shall have the right to withhold payment of any such tax, if the statute under which the Tenant is contesting such tax so permits. Section 4. Payment of Ordinary Assessments. The Tenant shall pay all assessments, ordinary and extraordinary, attributable to or against the Leased Premises not later than twenty-one (2 1) days after the day on which the same became initially due. The Tenant may take the benefit of any law allowing assessments to be paid in installments and in such event the Tenant shall only be liable for such installments of assessments due during the term hereof. Section 5. Changes in Method of Taxation. Landlord and Tenant further agree that if at any time during the term of this Lease,the present method of taxation or assessment of real estate shall be changed so that the whole or any part of the real estate taxes, assessment or governmental impositions now levied, assessed or imposed on the Leased Premises shall,in lieu thereof, be assessed, levied, or imposed wholly or in part, as a capital levy or otherwise upon the rents reserved herein or any part thereof, or as a tax, corporation franchise tax, assessment, levy or charge, or any part thereof, measured by or based, in whole or in part, upon the Leased Premises or on the rents derived therefrom and imposed upon the Landlord, then the Tenant shall 2 ( COMMERCIAL LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings, Inc. pay all such taxes, assessments, levies, impositions, or charges. Nothing contained in this Lease shall require the Tenant to pay an estate, inheritance, succession, capital levy, corporate franchise, gross receipts, transfer or income tax of the Landlord,nor shall any of the same be deemed real estate taxes as defined herein unless the same be imposed in lieu of the real estate taxes. ARTICLE VII-CONSTRUCTION AND COMPLETION Section 1. Improvements by Tenant. Tenant may have prepared plans and specifications for the construction of improvements. Tenant shall obtain all certificates, permits, licenses and other authorizations of governmental bodies or authorities which are necessary to permit the construction of the improvements on the demised premises and shall keep the same in full force and effect at Tenant's cost. Tenant shall negotiate, let and supervise all contracts for the furnishing of services, labor, and materials for the construction of the improvements on the demised premises at its cost. All such contracts shall require the contracting party to guarantee performance and all workmanship and materials installed by it for a period of one year following the date of completion of construction. Tenant shall cause all contracts to be fully and completely performed in a good and workmanlike manner, all to the effect that the improvements shall be fully and completely constructed and installed in accordance with good engineering and construction practice. During the course of construction, Tenant shall, at its cost, keep in full force and effect a policy of builder's risk and liability insurance in a sum equal, from time to time,to three times the amount expended for construction of the improvements. All risk of loss or damage to the improvements during the course of construction shall be on Tenant with the proceeds from insurance thereon payable to Landlord. Upon completion of construction, Tenant shall, at its cost, obtain an occupancy permit and all other permits or licenses necessary for the occupancy of the improvements and the operation of the same as set out herein and shall keep the same in force. Nothing herein shall alter the intent of the parties that Tenant shall be fully and completely responsible for all aspects pertaining to the construction of the improvements of the demised premises and for the payment of all costs associated therewith. Landlord shall be under no duty to investigate or verify Tenant's compliance with the provision herein. Moreover, neither Tenant nor any third party may construe the permission granted Tenant hereunder to create any responsibility on the part of the Landlord to pay for any improvements, alterations or repairs occasioned by the Tenant. The Tenant shall keep the property free and clear of all liens and, should the Tenant fail to do so, or to have any liens removed from the property within fourteen (14) days of notification to do so by the Landlord , in addition to all other remedies available to the Landlord, the Tenant shall indemnify and hold the Landlord harmless for all costs and expenses, including attorney's fees, occasioned by the Landlord in having said lien removed from the property; and, such costs and expenses shall be billed to the Tenant monthly and shall be payable by the Tenant with that month's regular monthly rental as additional reimburseable expenses to the Landlord by the Tenant. 3 COMMERCIAL LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings,Inc. Section 2. Utilities. Tenant shall pay for all water, sanitation, sewer, electricity, light, heat, gas, power, fuel,janitorial, and other services incident to Tenant's use of the Leased Premises, whether or not the cost thereof be a charge or imposition against the Leased Premises. ARTICLE VIII -OBLIGATIONS FOR REPAIRS Section 1. Landlord's Repairs. Subject to any provisions herein to the contrary, and except for maintenance or replacement necessitated as the result of the act or omission of sublessees, licensees or contractors,the Landlord shall be required to repair only defects, deficiencies, deviations or failures of materials or workmanship in the building. The Landlord shall keep the Leased Premises free of such defects, deficiencies, deviations or failures during the first twelve (12) months of the term hereof. Section 2. Tenant's Repairs. The Tenant shall repair and maintain the Leased Premises in good order and condition, except for reasonable wear and tear, the repairs required of Landlord pursuant hereto, and maintenance or replacement necessitated as the result of the act or omission or negligence of the Landlord, its employees, agents, or contractors. Section 3. Requirements of the Law. The Tenant agrees that if any federal, state or municipal government or any department or division thereof shall condemn the Leased Premises or any part thereof as not in conformity with the laws and regulations relating to the construction thereof as of the commencement date with respect to conditions latent or otherwise which existed on the Commencement Date, or, with respect to items which are the Landlord's duty to repair pursuant to Section 1 and 3 of this Article; and such federal, state or municipal government or any other department or division thereof,has ordered or required, or shall hereafter order or require, any alterations or repairs thereof or installations and repairs as may be necessary to comply with such laws, orders or requirements(the validity of which the Tenant shall be entitled to contest); and if by reason of such laws, orders or the work done by the Landlord in connection therewith, the Tenant is deprived of the use of the Leased Premises,the rent shall be abated or adjusted, as the case may be, in proportion to that time during which, and to that portion of the Leased Premises of which,the Tenant shall shall be deprived as a result thereof, and the Landlord shall be obligated to make such repairs, alterations or modifications at Landlord's expense. All such rebuilding, altering, installing and repairing shall be done in accordance with Plans and Specifications approved by the Tenant, which approval shall not be unreasonably withheld. If, however, such condemnation, law, order or requirement, as in this Article set forth, shall be with respect to an item which shall be the Tenant's obligation to repair pursuant to Section 2 of this Article VII or with respect to Tenant's own costs and expenses, no abatement or adjustment of rent shall be granted;provided, however, that Tenant shall also be entitled to contest the validity thereof. Section 4. Tenant's Alterations. The Tenant shall have the right, at its sole expense, from time to time, to redecorate the Leased Premises and to make such non-structural alterations and changes in such parts thereof as the Tenant shall deem expedient or necessary for its purposes; provided,however,that such alterations and changes shall neither impair the structural soundness nor diminish the value of the Leased Premises. The Tenant may make structural alterations and additions to the Leased Premises provided that Tenant has first obtained the 4 ( COMMERCIAL LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings,Inc. consent thereto of the Landlord in writing. The Landlord agrees that it shall not withhold such consent unreasonably. The Landlord shall execute and deliver upon the request of the Tenant such instrument or instruments embodying the approval of the Landlord which may be required by the public or quasi public authority for the purpose of obtaining any licenses or permits for the making of such alterations, changes and/or installations in, to or upon the Leased Premises and the Tenant agrees to pay for such licenses or permits. The parties understand that a portion of the Leased Premises requires environmental remediation, and the Tenant anticipates that it will undertake such remediation and will be responsible therefore as if it were a structural alteration or addition set forth above. Section 5. Permits and Expenses. Each party agrees that it will procure all necessary permits for making any repairs, alterations, or other improvements for installations, when applicable. Each Party hereto shall give written notice to the other party of any repairs required of the other pursuant to the provisions of this Article and the party responsible for said repairs agrees promptly to commence such repairs and to prosecute the same to completion diligently, subject, however,to the delays occasioned by events beyond the control of such party. Each party agrees to pay promptly when due the entire cost of any work done by it upon the Leased Premises so that the Leased Premises at all times shall be free of liens for labor and materials. Each party further agrees to hold harmless and indemnify the other party from and against any and all injury, loss, claims or damage to any person or property occasioned by or arising out of the doing of any such work by such party or its employees, agents or contractors. Each party further agrees that in doing such work that it will employ materials of good quality and comply with all governmental requirements, and perform such work in a good and workmanlike manner. ARTICLE IX- TENANT'S COVENANTS Section 1. Tenant's Covenants. Tenant covenants and agrees as follows: a. To procure any licenses and permits required for any use made of the Leased Premises by Tenant, and upon the expiration or termination of this Lease,to remove its goods and effects and those of all persons claiming under it, and to yield up peaceably to Landlord the Leased Premises in good order, repair and condition in all respects; excepting only damage by fire and casualty covered by Tenant's insurance coverage, structural repairs (unless Tenant is obligated to make such repairs hereunder) and reasonable wear and tear; b. To permit Landlord and its agents to examine the Leased Premises at reasonable times and to show the Leased Premises to prospective purchasers of the Building and to provide Landlord, if not already available, with a set of keys for the purpose of said examination, provided that Landlord shall not thereby unreasonably interfere with the conduct of Tenant's business; c. To permit Landlord to enter the Leased Premises to inspect such repairs, improvements, alterations or additions thereto as may be required under the provisions of this Lease. If, as a result of such repairs, improvements, alterations, or additions, Tenant is deprived of the use of the Leased Premises,the rent shall be abated or adjusted, as the case may be, in proportion to COMMERCIAL LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings,Inc. that time during which, and to that portion of the Leased Premises of which, Tenant shall be deprived as a result thereof. ARTICLE X - INDEMNITY BY TENANT Section 1. Indemnity and Public Liability. The Tenant shall save Landlord harmless and indemnify Landlord from all injury, loss, claims or damage to any person or property while on the Leased Premises, unless caused by the willful acts or omissions or gross negligence of Landlord, its employees, agents, licensees or contractors. Tenant shall maintain, with respect to the Leased Premises, public liability insurance with limits of not less than one million dollars for injury or death from one accident and$250,000.00 property damage insurance, insuring Landlord and Tenant against injury to persons or damage to property on or about the Leased Premises. A copy of the policy or a certificate of insurance shall be delivered to Landlord on or before the commencement date and no such policy shall be cancellable without ten(10) days prior written notice to Landlord. ARTICLE XI - USE OF PROPERTY BY TENANT Section 1. Use. The Leased Premises may be occupied and used by Tenant exclusively for warehouse and power generation . Nothing herein shall give Tenant the right to use the property for any other purpose or to sublease, assign, or license the use of the property to any sublessee, assignee, or licensee, which or who shall use the property for any other use. ARTICLE XII - SIGNAGE Section 1. Exterior Signs. Tenant shall have the right, at its sole risk and expense and in conformity with applicable laws and ordinances, to erect and thereafter, to repair or replace, if it shall so elect signs on any portion of the Leased Premises,providing that Tenant shall remove any such signs upon termination of this lease, and repair all damage occasioned thereby to the Leased Premises. Section 2. Interior Signs. Tenant shall have the right, at its sole risk and expense and in conformity with applicable laws and ordinances, to erect, maintain,place and install its usual and customary signs and fixtures in the interior of the Leased Premises. ARTICLE XIII - INSURANCE Section 1. Insurance Proceeds. In the event of any damage to or destruction of the Leased Premises, Tenant shall adjust the loss and settle all claims with the insurance companies issuing such policies. The parties hereto do irrevocably assign the proceeds from such insurance policies for the purposes hereinafter stated to any institutional first mortgagee or to Landlord and Tenant jointly, if no institutional first mortgagee then holds an interest in the Leased Premises. All proceeds of said insurance shall be paid into a trust fund under the control of any institutional first mortgagee, or of Landlord and Tenant if no institutional first mortgagee then holds an 6 ' COMMERCIAL LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings, Inc. interest in the Leased Premises, for repair, restoration, rebuilding or replacement, or any combination thereof, of the Leased Premises or of the improvements in the Leased Premises. In case of such damage or destruction, Landlord shall be entitled to make withdrawals from such trust fund, from time to time, upon presentation of- a. £a. bills for labor and materials expended in repair, restoration, rebuilding or replacement, or any combination thereof; b. Landlord's sworn statement that such labor and materials for which payment is being made have been furnished or delivered on site; and c. the certificate of a supervising architect(selected by Landlord and Tenant and approved by an institutional first mortgagee, if any,whose fees will be paid out of said insurance proceeds) certifying that the work being paid for has been completed in accordance with the Plans and Specifications previously approved by Landlord , Tenant and any institutional first mortgagee in a first class, good and workmanlike manner and in accordance with all pertinent governmental requirements. Any insurance proceeds in excess of such proceeds as shall be necessary for such repair, restoration, rebuilding,replacement or any combination thereof shall be the sole property of Landlord subject to any rights therein of Landlord's mortgagee, and if the proceeds necessary for such repair, restoration,rebuilding or replacement, or any combination thereof shall be inadequate to pay the cost thereof, Tenant shall suffer the deficiency. Section 2. Subrogation. Landlord and Tenant hereby release each other,to the extent of the insurance coverage provided hereunder, from any and all liability or responsibility(to the other or anyone claiming through or under the other by way of subrogation or otherwise) for any loss to or damage of property covered by the fire and extended coverage insurance policies insuring the Leased Premises and any of Tenant's property, even if such loss or damage shall have been caused by the fault or negligence of the other party. Section 3. Contribution. Tenant shall reimburse Landlord for all insurance premiums connected with or applicable to the Leased Premises for whatever insurance policy the Landlord , at its sole and exclusive option, should select. ARTICLE XIV - DAMAGE TO DEMISED PREMISES Section 1. Abatement or Adjustment of Rent. If the whole or any part of the Leased Premises shall be damaged or destroyed by fire or other casualty after the execution of this Lease and before the termination hereof,then in every case the rent reserved in Article IV herein and other charges, if any, shall be abated or adjusted, as the case may be, in proportion to that portion of the Leased Premises of which Tenant shall be deprived on account of such damage or destruction and the work of repair, restoration, rebuilding, or replacement or any combination thereof, of the improvements so damaged or destroyed, shall in no way be construed by any person to effect any reduction of sums or proceeds payable under any rent insurance policy. Section 2. Repairs and Restoration. Landlord agrees that in the event of the damage or destruction of the Leased Premises, Landlord forthwith shall proceed to repair, restore,replace or 7 � COMMERCIAL LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings,Inc. rebuild the Leased Premises (excluding Tenant's leasehold improvements), to substantially the condition in which the same were immediately prior to such damage or destruction. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord . Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety (90) days of the date of such damage or destruction, or complete such repairs,rebuilding or restoration and comply with conditions(a), (b) and (c) in Section 1 of Article XIII within nine (9) months of such damage or destruction,then Tenant may at any time thereafter cancel and terminate this Lease by sending ninety(90) days written notice thereof to Landlord , or, in the alternative, Tenant may, during said ninety(90)day period, apply for the same and Landlord shall cooperate with Tenant in Tenant's application.Notwithstanding the foregoing, if such damage or destruction shall occur during the last year of the term of this Lease, or during any renewal term, and shall amount to twenty-five(25%)percent or more of the replacement cost, (exclusive of the land and foundations),this Lease, except as hereinafter provided in Section 3 of Article XV, may be terminated at the election of either Landlord or Tenant, provided that notice of such election shall be sent by the party so electing to the other within thirty (30) days after the occurrence of such damage or destruction. Upon termination, as aforesaid, by either party hereto,this Lease and the term thereof shall cease and come to an end, any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, and the parties shall be released hereunder, each to the other, from all liability and obligations hereunder thereafter arising. ARTICLE XV- CONDEMNATION Section 1. Total Taking. If, after the execution of this Lease and prior to the expiration of the term hereof, the whole of the Leased Premises shall be taken under power of eminent domain by any public or private authority, or conveyed by Landlord to said authority in lieu of such taking, then this Lease and the term hereof shall cease and terminate as of the date when possession of the Leased Premises shall be taken by the taking authority and any unearned rent or other charges, if any,paid in advance, shall be refunded to Tenant. Section 2. Partial Taking. If, after the execution of this Lease and prior to the expiration of the term hereof, any public or private authority shall, under the power of eminent domain,take, or Landlord shall convey to said authority in lieu of such taking, property which results in a reduction by fifteen(15%) percent or more of the area in the Leased Premises, or of a portion of the Leased Premises that substantially interrupts or substantially obstructs the conducting of business on the Leased Premises; then Tenant may, at its election, terminate this Lease by giving Landlord notice of the exercise of Tenant's election within thirty (30) days after Tenant shall receive notice of such taking. In the event of termination by Tenant under the provisions of Section 1 of this Article XV,this Lease and the term hereof shall cease and terminate as of the date when possession shall be taken by the appropriate authority of that portion of the Entire Property that results in one of the above takings, and any unearned rent or other charges, if any, paid in advance by Tenant shall be refunded to Tenant. Section 3. Restoration. In the event of a taking in respect of which Tenant shall not have the right to elect to terminate this Lease or, having such right, shall not elect to terminate this Lease, this Lease and the term thereof shall continue in full force and effect and Landlord , at Landlord's 81 COMMERCIAL LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings,Inc. sole cost and expense, forthwith shall restore the remaining portions of the Leased Premises, including any and all improvements made theretofore to an architectural whole in substantially the same condition that the same were in prior to such taking. A just proportion of the rent reserved herein and any other charges payable by Tenant hereunder, according to the nature and extent of the injury to the Leased Premises and to Tenant's business, shall be suspended or abated until the completion of such restoration and thereafter the rent and any other charges shall be reduced in proportion to the square footage of the Leased Premises remaining after such taking. Section 4. The Award. All compensation awarded for any taking, whether for the whole or a portion of the Leased Premises, shall be the sole property of the Landlord whether such compensation shall be awarded for diminution in the value of, or loss of,the leasehold or for diminution in the value of, or loss of,the fee in the Leased Premises, or otherwise. The Tenant hereby assigns to Landlord all of Tenant's right and title to and interest in any and all such compensation. However, the Landlord shall not be entitled to and Tenant shall have the sole right to make its independent claim for and retain any portion of any award made by the appropriating authority directly to Tenant for loss of business, or damage to or depreciation of, and cost of removal of fixtures, personally and improvements installed in the Leased Premises by, or at the expense of Tenant, and to any other award made by the appropriating authority directly to Tenant. Section 5. Release. In the event of any termination of this Lease as the result of the provisions of this Article XV, the parties, effective as of such termination, shall be released, each to the other, from all liability and obligations thereafter arising under this lease. ARTICLE XVI - DEFAULT Section 1. Landlord's Remedies. In the event that: a. Tenant shall on three or more occasions be in default in the payment of rent or other charges herein required to be paid by Tenant(default herein being defined as payment received by Landlord ten or more days subsequent to the due date), regardless of whether or not such default has occurred on consecutive or non-consecutive months; or b. Tenant has caused a lien to be filed against the Landlord's property and said lien is not removed within thirty (30) days of recordation thereof; or c. Tenant shall default in the observance or performance of any of the covenants and agreements required to be performed and observed by Tenant hereunder for a period of thirty (30) days after notice to Tenant in writing of such default(or if such default shall reasonably take more than thirty (30) days to cure, Tenant shall not have commenced the same within the thirty (30) days and diligently prosecuted the same to completion); or d. Sixty (60) days have elapsed after the commencement of any proceeding by or against Tenant, whether by the filing of a petition or otherwise, seeking any reorganization, arrangement, composition, readjustment, liquidation,dissolution or similar relief under the present or future Federal Bankruptcy Act or any other present or future applicable federal, state or other statute or law, whereby such proceeding shall not have been dismissed (provided, however, that the non- dismissal of any such proceeding shall not be a default hereunder so long as all of Tenant's 9 ' COMMERCIAL LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings,Inc. covenants and obligations hereunder are being performed by or on behalf of Tenant); then Landlord shall be entitled to its election (unless Tenant shall cure such default prior to such election),to exercise concurrently or successively, any one or more of the following rights: 1. Terminate this Lease by giving Tenant notice of termination, in which event this Lease shall expire and terminate on the date specified in such notice of termination, with the same force and effect as though the date so specified were the date herein originally fixed as the termination date of the term of this Lease, and all rights of Tenant under this Lease and in and to the Premises shall expire and terminate,and Tenant shall remain liable for all obligations under this Lease arising up to the date of such termination, and Tenant shall surrender the Premises to Landlord on the date specified in such notice; or ii. Terminate this Lease as provided herein and recover from Tenant all damages Landlord may incur by reason of Tenant's default, including, without limitation, a sum which, at the date of such termination, represents the then value of the excess, if any, of(a)the Minimum Rent, Percentage Rent, Taxes and all other sums which would have been payable hereunder by Tenant for the period commencing with the day following the date of such termination and ending with the date herein before set for the expiration of the full term hereby granted, over(b)the aggregate reasonable rental value of the Premises for the same period, all of which excess sum shall be deemed immediately due and payable; or k iii. Without terminating this Lease, declare immediately due and payable all Minimum Rent, Taxes, and other rents and amounts due and coming due under this Lease for the entire remaining term hereof,together with all other amounts previously due, at once; provided, however, that such payment shall not be deemed a penalty or liquidated damages but shall merely constitute payment in advance of rent for the remainder of said term. Upon making such payment, Tenant shall be entitled to receive from Landlord all rents received by Landlord from other assignees,tenants,and subtenants on account of said Premises during the term of this Lease,provided that the monies to which tenant shall so become entitled shall in no event exceed the entire amount actually paid by Tenant to Landlord pursuant to the preceding sentence less all costs, expenses and attorney's fees of Landlord incurred in connection with the reletting of the Premises; or iv. Without terminating this Lease, and with or without notice to Tenant, Landlord may in its own name but as agent for Tenant enter into and upon and take possession of the Premises or any part thereof, and, at landlord's option,remove persons and property therefrom, and such property, if any, may be removed and stored in a warehouse or elsewhere at the cost of, and for the account of Tenant, all without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby, and Landlord may rent the Premises or any portion thereof as the agent of Tenant with or without advertisement, and by private negotiations and for any term upon such terms and conditions as Landlord may deem necessary or desirable in order to relet the Premises. Landlord shall in no way be responsible or liable for any rental concessions or any failure to rent the Premises or any part thereof, or for any failure to collect any rent due upon such reletting. Upon such reletting, all rentals received by Landlord from such reletting shall be applied: first,to the payment of any indebtedness (other than any rent due hereunder) from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including, without limitation, brokerage fees and attorney's fees and costs of alterations 10 � COMMERCIAL LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings,Inc. and repairs; third, to the payment of rent and other charges then due and unpaid hereunder; and the residue, if any shall be held by Landlord to the extent of and for application in payment of future rent as the same may become due and payable hereunder. In reletting the Premises as aforesaid, Landlord may grant rent concessions and Tenant shall not be credited therefor. If such rentals received from such reletting shall at any time or from time to time be less than sufficient to pay to Landlord the entire sums then due from Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall, at Landlord's option,be calculated and paid monthly. No such reletting shall be construed as an election by Landlord to terminate this Lease unless a written notice of such election has been given to Tenant by Landlord.Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for any such previous default provided same has not been cured; or v. Without liability to Tenant or any other party and without constituting a constructive or actual eviction, suspend or discontinue furnishing or rendering to Tenant any property, material, labor, Utilities or other service, whether Landlord is obligated to furnish or render the same, so long as Tenant is in default under this Lease; or vi. Allow the Premises to remain unoccupied and collect rent from Tenant as it comes due; or vii. Foreclose the security interest described herein, including the immediate taking of possession of all property on or in the Premises; or viii. Pursue such other remedies as are available at law or equity. e. Landlord's pursuit of any remedy of remedies, including without limitation, any one or more of the remedies stated herein shall not(1) constitute an election of remedies or preclude pursuit of any other remedy or remedies provided in this Lease or any other remedy or remedies provided by law or in equity, separately or concurrently or in any combination, or(2) sever as the basis for any claim of constructive eviction, or allow Tenant to withhold any payments under this Lease. Section 2. Landlord's Self Help. If in the performance or observance of any agreement or condition in this Lease contained on its part to be performed or observed and shall not cure such default within thirty (30) days after notice from Landlord specifying the default(or if such default shall reasonably take more than thirty(30) days to cure, shall diligently prosecuted the same to completion), Landlord may, at its option,without waiving any claim for damages for breach of agreement, at any time thereafter cure such default for the account of Tenant, and any amount paid or contractual liability incurred by Landlord in so doing shall be deemed paid or incurred for the account of Tenant and Tenant agrees to reimburse Landlord therefor and save Landlord harmless therefrom. Provided, however, that Landlord may cure any such default as aforesaid prior to the expiration of said waiting period, without notice to Tenant if any emergency situation exists, or after notice to Tenant, if the curing of such default prior to the expiration of said waiting period is reasonably necessary to protect the Leased Premises or Landlord's interest therein, or to prevent injury or damage to persons or property. If Tenant shall fail to reimburse Landlord upon demand for any amount paid for the account of Tenant hereunder, said amount shall be added to and become due as a part of the next payment of rent due and shall for all purposes be deemed and treated as rent hereunder. COMMERCIAL LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings, Inc. Section 3. Tenant's Self Help. If Landlord shall default in the performance or observance of any agreement or condition in this Lease contained on its part to be performed or observed, and if Landlord shall not cure such default within thirty (30) days after notice from Tenant specifying the default (or, if such default shall reasonably take more than thirty (30) days to cure, and Landlord shall not have commenced the same within the thirty(30) days and diligently prosecuted the same to completion), Tenant may, at its option, without waiving any claim for damages for breach of agreement, at any time thereafter cure such default for the account of Landlord and any amount paid or any contractual liability incurred by Tenant in so doing shall be deemed paid or incurred for the account of Landlord and Landlord shall reimburse Tenant therefor and save Tenant harmless therefrom. Provided, however, that Tenant may cure any such default as aforesaid prior to the expiration of said waiting period, without notice to Landlord if an emergency situation exists,or after notice to Landlord , if the curing of such default prior to the expiration of said waiting period is reasonably necessary to protect the Leased Premises or Tenant's interest therein or to prevent injury or damage to persons or property. If Landlord shall fail to reimburse Tenant upon demand for any amount paid or liability incurred for the account of Landlord hereunder, said amount or liability may be deducted by Tenant from the next or any succeeding payments of rent due hereunder;provided, however, that should said amount or the liability therefor be disputed by Landlord, Landlord may contest its liability or the amount thereof,through arbitration or through a declaratory judgment action and Landlord shall bear the cost of the filing fees therefor. ARTICLE XVII - TITLE Section 1. Subordination. Tenant shall,upon the request of Landlord in writing, subordinate this Lease to the lien of any present or future institutional mortgage upon the Leased Premises irrespective of the time of execution or the time of recording of any such mortgage. Provided, however,that as a condition to such subordination,the holder of any such mortgage shall enter first into a written agreement with Tenant in form suitable for recording to the effect that: a. in the event of foreclosure or other action taken under the mortgage by the holder thereof,this Lease and the rights of Tenant hereunder shall not be disturbed but shall continue in full force and effect so long as Tenant shall not be in default hereunder, and b. such holder shall permit insurance proceeds and condemnation proceeds to be used for any restoration and repair required by the provisions of Articles XIII, XIV or XV, respectively. Tenant agrees that if the mortgagee or any person claiming under the mortgagee shall succeed to the interest of Landlord in this Lease, Tenant will recognize said mortgagee or person as its Landlord under the terms of this Lease,provided that said mortgagee or person for the period during which said mortgagee or person respectively shall be in possession of the Leased Premises and thereafter their respective successors in interest shall assume all of the obligations of Landlord hereunder. The word "mortgage", as used herein includes mortgages, deeds of trust or other similar instruments, and modifications, and extensions thereof. The term "institutional mortgage" as used in this Article XVII means a mortgage securing a loan from a bank(commercial or savings) or trust company, insurance company or pension trust or any other lender institutional in nature and constituting a lien upon the Leased Premises. 12 � ,. COMMERCIAL LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings,Inc. Section 2. Quiet Enjoyment. Landlord covenants and agrees that upon Tenant paying the rent and observing and performing all of the terms, covenants and conditions on Tenant's part to be observed and performed hereunder,that Tenant may peaceably and quietly have, hold, occupy and enjoy the Leased Premises in accordance with the terms of this Lease without hindrance or molestation from Landlord or any persons lawfully claiming through Landlord . Section 3. Zoning and Good Title. Landlord warrants and represents, upon which warranty and representation Tenant has relied in the execution of this Lease, that Landlord is the owner of the Leased Premises, in fee simple absolute, free and clear of all encumbrances,except for the easements, covenants and restrictions of record as of the date of this Lease. Such exceptions shall not impede or interfere with the quiet use and enjoyment of the Leased Premises by Tenant. Landlord further warrants and covenants that this Lease is and shall be a first lien on the Leased Premises, subject only to any Mortgage to which this Lease is subordinate or may become subordinate pursuant to an agreement executed by Tenant, and to such encumbrances as shall be caused by the acts or omissions of Tenant; that Landlord has full right and lawful authority to execute this Lease for the term, in the manner, and upon the conditions and provisions herein contained; that there is no legal impediment to the use of the Leased Premises as set out herein; that the Leased Premises are not subject to any easements, restrictions, zoning ordinances or similar governmental regulations which prevent their use as set out herein; that the Leased Premises presently are zoned for the use contemplated herein and throughout the term of this lease may continue to be so used therefor by virtue of said zoning, under the doctrine of"non- conforming use", or valid and binding decision of appropriate authority, except, however,that said representation and warranty by Landlord shall not be applicable in the event that Tenant's act or omission shall invalidate the application of said zoning, the doctrine of"non-conforming use" or the valid and binding decision of the appropriate authority. Landlord shall furnish without expense to Tenant,within thirty (30) days after written request therefor by Tenant, a title report covering the Leased Premises showing the condition of title as of the date of such certificate,provided, however, that Landlord's obligation hereunder shall be limited to the furnishing of only one such title report. Section 4. Licenses. It shall be the Tenant's responsibility to obtain any and all necessary licenses and the Landlord shall bear no responsibility therefor; the Tenant shall promptly notify Landlord of the fact that it has obtained the necessary licenses in order to prevent any delay to Landlord in commencing construction of the Leased Premises. ARTICLE XVIII - EXTENSIONSIWAIVERS/DISPUTES Section 1. Extension Period. Any extension hereof shall be subject to the provisions of Article III hereof. Section 2. Holding Over. In the event that Tenant or anyone claiming under Tenant shall continue occupancy of the Leased Premises after the expiration of the term of this Lease or any renewal or extension thereof without any agreement in writing between Landlord and Tenant with respect thereto, such occupancy shall not be deemed to extend or renew the term of the Lease, but such occupancy shall continue as a tenancy at will, from month to month, upon the covenants,provisions and conditions herein contained. The rental shall be the rental in effect 13 � ' COMMERCIAL LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings,Inc. during the term of this Lease as extended or renewed, prorated and payable for the period of such occupancy. Section 3. Waivers. Failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its rights hereunder.No waiver by either party at any time, express or implied, of any breach of any provision of this Lease shall be deemed a waiver of a breach of any other provision of this Lease or a consent to any subsequent breach of the same or any other provision. If any action by either party shall require the consent or approval of the other party, the other party's consent to or approval of such action on any one occasion shall not be deemed a consent to or approval of said action on any subsequent occasion or a consent to or approval of any other action on the same or any subsequent occasion. Any and all rights and remedies which either party may have under this Lease or by operation of law, either at law or in equity, upon any breach, shall be distinct, separate and cumulative and shall not be deemed inconsistent with each other, and no one of them, whether exercised by said party or not, shall be deemed to be an exclusion of any other; and any two or more or all of such rights and remedies may be exercised at the same time. Section 4. Disputes. It is agreed that,if at any time a dispute shall arise as to any amount or sum of money to be paid by one party to the other under the provisions hereof, the party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of the said party to institute suit for the recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said party to pay such sum or any part thereof, said party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease. If at any time a dispute shall arise between the parties hereto as to any work to be performed by either of them under the provisions hereof, the party against whom the obligation to perform the work is asserted may perform such work and pay the costs thereof"under protest" and the performance of such work shall in no event be regarded as a voluntary performance and shall survive the right on the part of the said party to institute suit for the recovery of the costs of such work. If it shall be adjudged that there was no legal obligation on the part of the said party to perform the same or any part thereof, said party shall be entitled to recover the costs of such work or the cost of so much thereof as said party was not legally required to perform under the provisions of this Lease and the amount so paid by Tenant may be withheld or deducted by Tenant from any rents herein reserved. Section 5. Tenant's Right to cure Landlord's Default. In the event that Landlord shall fail, refuse or neglect to pay any mortgages, liens or encumbrances,the judicial sale of which might affect the interest of Tenant hereunder, or shall fail,refuse or neglect to pay any interest due or payable on any such mortgage, lien or encumbrance, Tenant may pay said mortgages, liens or encumbrances,or interest or perform said conditions and charge to Landlord the amount so paid and withhold and deduct from any rents herein reserved such amounts so paid, and any excess over and above the amounts of said rents shall be paid by Landlord to Tenant. Section 6. Notices. All notices and other communications authorized or required hereunder shall be in writing and shall be given by mailing the same by certified mail, return receipt requested, postage prepaid, and any such notice or other communication shall be deemed to have 14 � COMMERCIAL LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings, Inc. been given when received by the party to whom such notice or other communication shall be addressed. If intended for Landlord the same will be mailed to the address herein above set forth or such other address as Landlord may hereafter designate by notice to Tenant, and if intended for Tenant, the same shall be mailed to Tenant at the address herein above set forth, or such other address or addresses as Tenant may hereafter designate by notice to Landlord. ARTICLE XIX - PROPERTY DAMAGE Section 1. Loss and Damage. Notwithstanding any contrary provisions of this Lease, Landlord shall not be responsible for any loss of or damage to property of Tenant or of others located on the Leased Premises, except where caused by the willful act or omission or negligence of Landlord, or Landlord's agents, employees or contractors,provided, however, that if Tenant shall notify Landlord in writing of repairs which are the responsibility of Landlord under Article VII hereof, and Landlord shall fail to commence and diligently prosecute to completion said repairs promptly after such notice, and if after the giving of such notice and the occurrence of such failure, loss of or damage to Tenant's property shall result from the condition as to which Landlord has been notified, Landlord shall indemnify and hold harmless Tenant from any loss, cost or expense arising therefrom. Section 2. Force Majeure. In the event that Landlord or Tenant shall be delayed or hindered in or prevented from the performance of any act other than Tenant's obligation to make payments of rent,additional rent, and other charges required hereunder, by reason of strikes, lockouts, unavailability of materials, failure of power,restrictive governmental laws or regulations, riots, insurrections, the act, failure to act, or default of the other party, war or other reason beyond its control,then performance of such act shall be excused for the period of the delay and the period for the performance of such act shall be extended for a period equivalent to the period of such delay. Notwithstanding the foregoing, lack of funds shall not be deemed to be a cause beyond control of either party. ARTICLE XX- OPTION TO PURCHASE During the Term of this Lease, Tenant shall have the right to purchase the Leased Premises at any time for a purchase price equal to Three Million Dollars ($3,000,000). ARTICLE XXI -MISCELLANEOUS Section 1. Assignment and Subletting. Under the terms and conditions hereunder, Tenant shall have the absolute right to transfer and assign this lease or to sublet all or any portion of the Leased Premises or to cease operating Tenant's business on the Leased Premises provided that at the time of such assignment or sublease Tenant shall not be in default in the performance and observance of the obligations imposed upon Tenant hereunder. The use of the Leased Premises by such assignee or sublessee shall be expressly limited by and to the provisions of this lease. Section 2. Fixtures. All personal property, furnishings and equipment presently and all other trade fixtures installed in or hereafter by or at the expense of Tenant and all additions and/or improvements, exclusive of structural, mechanical, electrical, and plumbing, affixed to the Leased Premises and used in the operation of the Tenant's business made to, in or on the Leased Premises by and at the expense of Tenant and susceptible of being removed from the Leased 15 COMMERCIAL LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings,Inc. Premises without damage, unless such damage be repaired by Tenant, shall remain the property of Tenant and Tenant may, but shall not be obligated to, remove the same or any part thereof at any time or times during the term hereof, provided that Tenant, at its sole cost and expense, shall make any repairs occasioned by such removal. Section 3. Estoppel Certificates. At any time and from time to time, Landlord and Tenant each agree, upon request in writing from the other, to execute, acknowledge and deliver to the other or to any person designated by the other a statement in writing certifying that the Lease is unmodified and is in full force and effect, or if there have been modifications, that the same is in full force and effect as modified (stating the modifications),that the other parry is not in default in the performance of its covenants hereunder, or if there have been such defaults, specifying the same, and the dates to which the rent and other charges have been paid. Section 4. Invalidity of Particular Provision. If any term or provision of this Lease or the application hereof to any person or circumstance shall,to any extent, be held invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 5. Captions and Definitions of Parties. The captions of the Sections of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. The word "Landlord" and the pronouns referring thereto, shall mean,where the context so admits or requires, the persons, firm or corporation named herein as Landlord or the mortgagee in possession at any time, of the land and building comprising the Leased Premises. If there is more than one Landlord, the covenants of Landlord shall be the joint and several obligations of each of them, and if Landlord is a partnership, the covenants of Landlord shall be the joint and several obligations of each of the partners and the obligations of the firm. Any pronoun shall be read in the singular or plural and in such gender as the context may require. Except as in this Lease otherwise provided, the terms and provisions of this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained herein shall be deemed or construed by the parties hereto nor by any third parry as creating the relationship of principal and agent or of partnership or of a joint venture between the parties hereto, it being understood and agreed that neither any provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. Section 6. Brokerage. No party has acted as, by or through a broker in the effectuation of this Agreement, except as set out hereinafter. Section 7. Entire Agreement. This instrument contains the entire and only agreement between the parties, and no oral statements or representations or prior written matter not contained in this instrument shall have any force and effect. This Lease shall not be modified in any way except by a writing executed by both parties. 161 COMMERCIAL,LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings, Inc. Section 8. Governing Law. All matters pertaining to this agreement (including its interpretation, application, validity, performance and breach) in whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the State of California. The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Los Angeles County, State of California. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses,whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable. Section 9. Contractual Procedures. Unless specifically disallowed by law, should litigation arise hereunder, service of process therefor may be obtained through certified mail, return receipt requested; the parties hereto waiving any and all rights they may have to object to the method by which service was perfected. Section 10. Extraordinary remedies. To the extent cognizable at law, the parties hereto, in the event of breach and in addition to any and all other remedies available thereto, may obtain injunctive relief, regardless of whether the injured party can demonstrate that no adequate remedy exists at law. Section 11. Reliance on Financial Statement. Tenant shall furnish concurrently with the execution of this lease, a financial statement of Tenant prepared by an accountant. Tenant, both in corporate capacity, if applicable, and individually, hereby represents and warrants that all the information contained therein is complete,true, and correct. Tenant understands that Landlord is relying upon the accuracy of the information contained therein. Should there be found to exist any inaccuracy within the financial statement which adversely affects Tenant's financial standing, or should Tenant's financial circumstances materially change, Landlord may demand, as additional security, an amount equal to an additional two (2) months' rent, which additional security shall be subject to all terms and conditions herein,require a fully executed guaranty by a third party acceptable to Landlord, elect to terminate this Lease, or hold Tenant personally and individually liable hereunder. 17 COMMERCIAL LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings, Inc. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written or have caused this Lease to be executed by their respective officers thereunto duly authorized. Seaquatic Holdings,LLC Monarch Pe o Services Inc. Mary Gardner, President Monarch Pet Memorial Services Inc. Mary Gardner, President On this day of before me, the undersigned, a Notary Public, duly commissioned and sworn, personally appeared Mary Gardner, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ,r ate of Florida Signature: ` edro-Carbajai MERE GG 10586721 Name (typed or printed) My Commission expires: 18 COMMERCIAL LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings,Inc. EXHIBIT "A" LEGAL DESCRIPTION The following described real property,together with all improvements thereon: One story block building on Federal Hwy—Boynton Beach. Approximately 1,800 sq ft. Tenant may upgrade electrical &plumbing as well as make structural changes to suit their business needs. eet 2 of 3 t5ketch of Su yJ _- .P --- _--- Spee 3 or 3 b.leoti Ges .C rt.&a'. .Pru �ano to Sue tied dais SURVEY IS NOT COMPLETE WITHOUTAE SHEETS BEARING REFERENCE: 6 45T U.f OE KCTCN 2?iOWNSHWbs S01fLH.PANGS nB EAST CALCIRATEOAS T N S4 s FROM STATE PIA.NE COOROPIAT:S NAA 93 A59ECCVtOE00N lPaNS OR fir` S ALL SWMGS SHOWN HEREON REFERENCED THERETO 'VR,,,, AEPUALMROGRAPH WAYNOTSHOWfAIEST4FROVElM99SI j,Wj7 iG.iGkE) i i fors �xa I 7 f{Il - I `T �e I 5159°2590'E FCuno in_ v ' I06_40(CRl%46(M) HON Moo � I C55. STIC4T5 5Ua.r 2- CD/KRCR u ,dYti j] uBT2550 W _Iii 521CR&f q V I I J o CD TI ' i w rre e sero M ]P eC (.1 ttdns k-:VM dAeJAy ): T 0 lT '.,r i7 lYP..OFFM4rL COO$ 0..1.'F1 19 CW YP -PDS „OI f_.; R Y l`.ti AApf ir-L(i rd11J,N(_i.ASEGEIT,Q$TA[RNf1R4�NTOf lifh SNOY1N iltl5 sO,ey has been no by k fdbwq Lardlec 5Wyl9 dffim lKfASEAYIIE _. 600 Fairway Drive-Ste.101 �II1 xai r enrE.Tr ss m ervlse Hors rhti7FF�P tAIYJPfCHS1RJ1"`iGYH Bc 41.UFBP AV OfFCF �EC _ Office:(561)367-3587 Fax:(561)465.3145 D—B R r aa�17 EA Axa a Deerfield Beach,FL.33441 -_ U R V 11 E Y I N t; oaA,a a R. Rev an�IT.��+�T os www.l-andtecSUrvey.comD.d tWA A pets R 1V17-R 04EXCENTION 191 ' COMMERCIAL LEASE AGREEMENT Monarch Pet Memorial Services and Seaquatic Holdings,Inc. t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CONSENT AGENDA AGENDAITEM: 10.G. SUBJECT: Approval of Commercial Interior Build-Out Grant Program in the amount of $25,000 for Monarch Pet Memorial Services Inc. located at 805 N. Federal Highway SUMMARY: The CRA's Commercial Interior Build-Out Grant Program provides eligible (new or existing) businesses with financial assistance for the initial costs associated with the construction, repair, and/or rehabilitation of building interior improvements. Eligible improvements under the program guidelines must be permanent and stay with the building. CRA staff has received a completed grant application from Monarch Pet Memorial Services, Inc., located at 805 N. Federal Highway, Boynton Beach, FL 33435 (see Attachments I and 11). Monarch will offer dignified pet cremation, funeral home and pet memorial services to families in south Florida. The first of its kind in the area, Monarch will provide Aquamation, an environmentally friendly alternative to flame cremation, to create ashes. Not only will Monarch bring jobs in the Boynton area, but also a service that many families and veterinarians will utilize. As a specialty business, the applicant falls under the terms of a Tier I I business, as outlined in the grant application. The interior portion of the overall renovation project is approximately $72,500 (see Attachment 111). The Commercial Interior Build-Out Grant Program provides a 50% reimbursement of the applicant's expenditure for the eligible interior improvements up to a maximum grant total of $25,000. If approved, the applicant is entitled to a grant maximum of $25,000 in reimbursable funds. The grant is reimbursed once a Certificate of Occupancy is obtained and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: $25,000 — FY 2017-18 Project Fund, line item 02-58400-444 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Interior Build-Out Grant not to exceed the maximum grant award of $25,000 to Monarch Pet Memorial Services, Inc. located at 805 N. Federal Highway, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Interior Build-Out Grant Application D Attachment II - Location Map D Attachment III - Interior Project Budget a BOYNTO mmBEACH "�"CRA October 1, 2017 — September 30, 2018 BOY TON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL INTERIOR BUILD-OUT GRANT PROGRAM Program Rules and Regulations The Commercial Interior Build-Out Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA") District. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the repair and rehabilitation of buildings or other improvements in accordance with the CRA Community Redevelopment Plan. Improvements paid for by the CRA must be permanent and stay with the building. The CRA reserves the right to approve or deny any Commercial Interior Build-Out Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the CRA District. For purposes of this application, the term "new business" means a company in operation for less than six months or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the CRA District for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The term "project" means the eligible interior improvement project for which the applicant seeks reimbursement. The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initials lk&— Page 1 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -3256 Fax: (561)737 -3258 www.catchboynton.com Incentive Funding The Commercial Interior Build-Out Grant Program offers financial assistance in the form of a reimbursable, matching (50%) grant up to $45,000 to the landlord or business owner for eligible expenses associated with the construction or renovation of the interior elements of the commercial operating space. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace_program.php or by contacting the City at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Must be located within the CRA District (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • If tenant, applicant must have an executed multi-year lease (two year minimum). • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, within the sole discretion of the CRA, as an eligibility requirement for funding. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher to be eligible. If one or more business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed in Boynton Beach/Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting an interior grant application. • Grant funding amounts will be based on the applicant's project budget specified at the time of the CRA approval. Initials u;L Page 2 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -3256 Fax: (561)737-3258 www.catchboynton.com • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Interior Build-Out Program may only be used one time in any five year period for any one property. Properties may reapply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding code liens, violations or monies owed for utilities, the CRA will perform a lien search on the property at a cost of$115.00 which will be deducted from the grant funding to the recipient. In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • The property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach and submit for reimbursement within 120 days of the issuance date of the permit for the project. If CRA Board Approves grant funding and the work being performed does not require a permit, the Certificate of Occupancy and application for reimbursement must be within 120 days of the grant award. Failure to complete the improvements within the specified time frame will result in the property owner or tenant losing the grant reimbursement opportunity. Only one 60 day administrative extension will be permitted. • Project items completed and paid for more than 60 days prior to grant approval by the CRA Board are not eligible for reimbursement under the grant program • Application and CRA Board approval of this grant is for funding only. Approval of CRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the CRA the rights and use of photos and project application materials. Initials —a Page 3 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561)737 -3258 www.catchboynton.com Projects and items eligible for funding under the program are limited to: • Interior walls • Interior plumbing Flooring • Grease trap installation • HVAC system • Interior electrical system • Hood &fire including lighting suppression Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Interior Build-Out Grant Program: • Firearm Sales • Convenience Store • Religious Affiliated Retail Stores • Churches • Non Profits . Fitness Centers over 4,500 sq.ft. • Check Cashing Stores • Take-Out Foods • Adult Entertainment . Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Kava Tea Bars . Pawn Shops • Alcohol and/or Drug Rehabilitation • Tattoo Shops/Body Piercing/Body Centers/Housing Art Shops • Medical Research Centers/Housing • Any other use that the CRA staff or • Massage/Personal Services CRA Board have determined not to support the redevelopment of the CRA District Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of CRA Board approval. Tier One Business (Full-Service Restaurants Only) Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as submitted at the time of CRA Board approval up to a maximum amount of $45,000 in grant funding. Only full service restaurants with a minimum total seating Initials 6k Page 4 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -3256 Fax: (561)737-3258 www.catchboynton.com capacity of 50 seats are eligible to be in Tier One. The restaurant must have hours conducive for the development of the downtown serving at least lunch and dinner. Proof of seating capacity shall be confirmed by a copy of the City of Boynton Beach Local Business Tax Receipt. Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as submitted at the time of CRA Board approval up to a maximum amount of $25,000 in grant funding. Tier Two Businesses must be one of the following types of businesses: • Restaurants with total seating • Clothing Boutique — clothing, shoes capacity under 50 & accessories • Gourmet Food Market • Bakery • Bed and Breakfast • Medical Offices • Marketing Offices • Accounting Offices • Law Offices . Real Estate Offices • Fitness Center less than 4,500 sq.ft • Insurance Offices (no more than 2 approvals per fiscal • Florist (no more than 2 approvals year) per fiscal year) • Specialty Businesses— stationary, • Hair/Nail Salons (no more than 2 gifts, sporting goods approvals per fiscal year) • Home D6cor/Design — home furnishings, art galleries, kitchen wares Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that is the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; Initials Page 5 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -3256 Fax: (561)737-3258 www.catchboynton.com • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and, • Consequences of default on the lease. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Application Process Applications can be obtained from the CRA office located at 710 North Federal Highway, Boynton Beach, FL 33435 or downloaded from www.catchboynton.com. All applicants are required to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. Applicants must submit an original, "hard copy" application with all materials to the CRA for review and approval by the CRA Board. Applicants will be considered on a first- come, first-serve basis. Application packets must include the following documentation: ,i1'-A non-refundable fee of $100 is required to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Written detailed project budget describing the improvements to be done to the property. It must list all project costs the applicant is requesting for reimbursement. The project budget must provide a total cost of the project. 3. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. 4. Copy of building permit receipt/application. If the permit has not been applied for prior to submissions of the grant application, a copy of the building permit receipt due within 90 days of grant approval. � Resume for each principal/owner of the business. 6. Copy of the corporate documents for the applying business entity. 7. Copy of executed multi-year commercial lease agreement. Two years of corporate tax returns (for existing businesses only). Initials —hL—k Page 6 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561)737 -3258 www.catchboynton.com o years of personal tax returns for the principal/owners of a new business. 1,0.Copy of design and construction plans associated with the proposed improvements. 1 ist of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 12.A minimum of four color digital "before" photos of the project. ompleted and signed application (attached). .Authorization to perform credit check for the business and each principal/owner of the business (attached). W9 Form (attached). 16.City Planning and Development Department Acknowledgement Form (attached). City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 16 and 17) must be completed and submitted to the appropriate departments located at City Hall 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All required documentation must be submitted no later than noon on the first Tuesday of the month. CRA staff will review the application to verify that the project is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and approval. The CRA Board meets on the second Tuesday of each month. The schedule for CRA Board meetings can be obtained at www.catchboynton.com. Applicants will be notified of the date and time that their applications will be considered by the CRA Board. The CRA recommends that applicants attend the CRA Board meeting during which the Board will consider their applications in order to answer any questions the CRA Board may have regarding their applications. CRA staff will notify the applicant of the CRA Board's approval or denial in writing. Site Visits CRA may conduct a site visit prior to transmitting the application to the CRA Board and once the project is completed. Staff may also conduct unannounced site visits before, Initials ILL Page 7 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737-3258 www.catchboynton.com during, and after the project in order to determine and ensure compliance with the terms of the grant agreement. Procedures for Reimbursement This program is designed as a matching 50% grant. All work must be completed and paid for by the applicant prior to the release of CRA funds. The CRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the CRA (3) days prior to the grant expiration date. The CRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full". Proposals for "work to be completed" or "bids" are not considered proper documentation. a. Each item will be supported by a canceled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. 2. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 3. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 4. A minimum of 4 color "after" photos of the project. By submitting for reimbursement, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Initials Page 8 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561)737-3258 www.catchboynton.com Boynton Beach, Palm Beach County or the State of Florida. The Commercial Interior Build-Out Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the CRA to any third party. The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the CRA to award grant funding. Initials Page 9 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -3256 Fax: (561)737-3258 www.catchboynton.com t a 1c t acv B OY N TO BEACH ,,,,CRA, APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable) MW64JA IWI Current Business Address: Fed ID#: Business Phone Number: ) `tl Fax: Website: Existing Business: Yes No Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No If so, monthly base rent: New Business Address: --- . Square footage of current location: Square footage of new location: _ Type of Business: I i Number of Employees: Hours of Operation: -C` ` Page 10 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561) 737-3256 Fax: (561) 737 -3258 www.catchboynton.com s tt" 1tips t �h.' BOYNTON","BEACH "" APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth: j- `_ - '�1`�j Email: Residential Address: 3 ► t Cell Phone Number: 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Nam Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistant under any other program offered by the CRA? (Tier One Busiposses Only): Yes No If y , what additional programs are you applying for: Page 11 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737 -3258 www.catchboynton.com 1 BOYNTON', ONIMBEACK"CRA APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes_ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: M Oro `` Landlord's Mailing Address: Landlord's Phone Number: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Interior Build- Out Assistant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Interior Build-Out Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not Initials 4LL Page 12 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561) 737-3258 www.catchboynton.com t! of 3 � I t11 el+tsi t, BOYNTON ", CRA EACH APPLICANT INFORMATION further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the CRA to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Initials Page 13 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com 7 / BOYNTON 1. 1O*A*BEACH ,, CRA APPLICANT INFORMATION APPLICANT.SI NATURES: Principal er's S' n t re ate tkA Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF 44 COUNTY OF c`\ 4 -k BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appearedlzE�� who is/are personally known to me or produced_ � � � �� . .; as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the nd County aforesaid on this day of -( 20 NOTARY PUBLI P N% otary Public State of Fiorlde My Commission E ' es: �, . 4 ® Summer L sampedro-cerbajal My Commisaion GG 106867 r OF Expiraso6/1712021 Page 14 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561) 737 -3258 www.catchboynton.com BOYNToN ",,111 B EACH ,�,,,,,,C RA LANDLORD INFORMATION LANDLORD SIGNATURES: ry a� t Landlor ', n ur '"D to 1 Printed Name Title 2. [ �" Landlor ' ig atu y D to ` Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF Cmt ^ COUNTY OF F BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared AA' c who is/are personally known to me or producedas identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this V" day of _ XQ V 20 r *0 ° Notary Public state or Florida NOTARY P U L I L merLSampedro-carbaial My CommissioqCommissln GG 105667 or r4 "05/170!2021 ,a .- Page 15 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -3256 Fax: (561) 737 -3258 www.catchboynton.com 4/12/2018 PAPA Maps DOROTHYJACKS ~t �y Search b Owner,Address or Parcel } d y _ ■ II 11 .I no } t 1 View Property Record Owners SEAQUATIC HOLDINGS LLC Y � f � Property detail Location 805 N FEDERAL HWY Municipality BOYNTON BEACH - it Parcel No. 08434521 320010170 Subdivision LAKE ADD TO BOYNTONPv Book 29442 Page 969 Sale Date OCT-2017 py 830 NORTH RD s+ Mailing Address BOYNTON BEACH FL 33435 3238 Use Type 1 100-STORES 'r _ -- •. _ rS)tYi ,i�4} �� `}� Ii4 ,'.. Total Square Feet 1 796 5 s •'VWE 7th-.4WD .. -, - ! `` I i A} t{( 11� I� • Sales Information Sales Date Price OCT-2017 360000 NOV-2004 265000 MAR-1998 80000 JUL-1 986 100 §t1i,` ;11f r i�1jis t MAR-1 985 100 Appraisals Tax Year 2017 V Improvement Value $127,701 Land Value $125,618 Total Market Value $253,319 All values are as ofJanuary 1st each year t Assessed/Taxable values Tax Year 2017 Assessed Value $236,514 t Exemption Amount $0 - Ott Taxable Value $236 514 tu„stl;res;,;sssssssssssssssssssssssssssss,t ,�a�v I� } 't t y Taxes Tax Year 2017 !) Ad Valorem $5,164 J!,t - - Non Ad Valorem $848 Total tax $6,012 http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434521320010170 1/1 Monarch Pet Services Office Renovation Project Subaquatic Holdings in purchase a standalone commercial office building on 805 N. Federal Hwy. Due to the nature of Monarch Pet Services business there are special electrical and plumbing requirements. Also,the building was built back in the fifties and to get an occupational license alteration were needed to be compliant with the city's compliance standards. The total Renovation Budget is roughly around 110,000. This number will likely grow as other requirements may be needed that are unknown at this point. Here is a list of the changes we will be making within the building located at 805, N Federal Hwy, broken down by category: Interior 1) Make Bathroom ADH complaint. Currently the bathroom is too small and none of the Bathroom amenities are handicap friendly. We will be increasing the bathroom size, removing the shower and putting in proper handrails around the Bathroom 2) Making the Garage area within the building part of the office;this requires proper insulation on exterior walls and walls being covered with sheetrock 3) Removing the moldy ceiling in the garage area; while removing the plaster ceiling we discovered that there are four trusses that need repairing. 3 trusses are cracked and have started to bow, and one was termite ridden. 4) Tent Building—remove termites 5) Replace hot water heater with electrical hot water heater—current hot water heater was rusty and did not work. 6) Put Back Flow System in 7) Replaced piping from city to building 8) Redid all piping for enlarged bathroom 9) Cut slap to drain water from the 2 Pet400 machine needed to operate our building 10) Replacing old recessed lighting with new LED recessed Lighting 11) Add additional AC Unit to properly air condition the garage area / new office area 12) Upgrading the Electrical box with a new 400-amp box 13) Removed all non-compliant electrical outlets, last Tenant rigged electrical outlets to add additional outlets 14) Removed molded sheet rock 15) Painted entire interior 16) Replaced missing tiles Costs Breakdown - Electrical-$28,000 - Plumbing-$13,000 - General- $25,000 - Mechanical -$6,500 Total Interior-$72,500 TOTAL POWER ELECTRIC INC. 12239-41 NW 35TH ST. Coral Springs, F133065 Phone: 954-340-3850 Fax: 954-340-3857 Proposal prepared for Alan Gardner agardner@sgsdt.com Thank you for the opportunity to quote this project for you Monarch Pet Memorial Service 805 N. Federal Highway Boynton Beach, FL Proposal Based upon Blueprints provided Sheets: SI-S2 Job: 2017-08 Dated: 11-12-17 Revision: None • Provide one—400 AMP rated transfer switch—manual installation, conductors, required labels • Provide meter has—400/600 K7 • Provide: main exterior service disconnect means,Nema 3R, 400 AMP, single phase, 65K Aic rating, 400 AMP rated main lugs,to include two breaker device 400A 2 pole SGDA4, include two kirk lock provisions • Provide: one—400 AMP 120/240 1PH GEN dock, 6D5-041W-L-M-S • Provide: one—400 AMP panel board,Nema one enclosure, IOK Aic rated, 54 circuit,400 AMP main lug with feed through lug option • Provide: Breakers as listed: 3—40 AMP 2 pole 1 -60 AMP 2 pole, 1 -20 AMP 2 pole,2 - 30 AMP 2 pole, 1 —35 AMP 2 pole, 24—20 AMP 1 pole • Provide three dedicated 20 AMP circuits for freezers • Connection to cremation tank • Connection as required to 27KW water heater • Demolishment of existing branch circuit at garage area • 1-Garage Ceiling • Demo and clean-up • Install 6 new recess lights with 18/watt LEDs. • Install 1 switch controlled Via motion sensor. • Connect exhaust fan installed and supplied by others. • 2-Storage Room • Demo of existing lighting and clean-up • Install 8 new recess lights with 18/watt LEDs • Install one 240/volt receptacle 2 20/amps for pulverizing machine. • 3-Office area • Removal of 8 lights and install 5 LED flat panel lights • Demo and clean-up • Install 2 EM]combos • New Restroom • New A/C • Install associated conduits, T-Stat stub up, high voltage conductors, disconnects, and circuit breakers. • All control and low voltage wiring by others. • Roof top service GFCI receptacle • Emergency lighting fixtures as proposed to be white thermoplastic, Underwriters Laboratory listed, 120/277 volt with battery back-up—Cut sheets available upon request • This proposal is based upon the use of metal clad cable for all switch legs and branch circuit wiring • Devices to be 20 amp rated commercial grade, duplex and toggle in style. Plates to be unbreakable nylon • Permit securement and fees to be paid by General Contractor. Permit securement by Total Power Electric—courier services, notary stamps, required signature trips, building department visits etc.will result in an additional fee of(400) Four hundred dollars to the listed proposal cost. • Proposal based upon installations performed during normal business hours, overtime, standby, to meet needs of client to be billed separately at increased overtime rates • Required insulation, draft stop and fire penetration by others • Any existing code violations or required upgrades not covered by this proposal • Concrete, drywall cutting, patching, repair by others • No fire alarm scope for project per this proposal • Roof penetrations and repair by others • F.P.L. coordination and required fees by General contractor • Issuance of contract is acceptance of this proposal and all conditions and exceptions • This proposal is in effect for 30 days starting from: 11/15/2017 Total Cost of Proposal: $26,854 Any questions or concerns please call Evan at 954-818-9155 Ref#1115-17-R1 Zoo a o a a o ao o as � o0 0 o0 000 0 o aooa om CO 0 ,0 -r 0 ,0 0OD0 a a ao0Lo 00 G � "I O o (11 Oq 6006� Lo O�` O K K E Lo Lo n d' L O i L O Z M 3 00 � axi0 v 7 O Q u � � CD N L a Q 0 o o o y LV 70 0) Q� CL O Q c N > > ami o v a ami 0 o E v ° c © 0 N a o .- 0 0 0 E o o Q 3v o v N ° v a3 _° 1" ` L N co c � c 0 .F N - 3 - a) C V o -0 Q a) a) � o a 3 ° � � ti ' L } o E . -Q) 3 ? 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U .� p C v � � Q Q 7 U Q - a p C O � 4 'S Nm Q p � aj O N ~O Q? O c O au o O 70 uO UQ v '}L^` u _S w Q Q t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CONSENT AGENDA AGENDAITEM: 10.11-11. SUBJECT: Approval of Commercial Facade Improvement Grant Program in the amount of $25,000 for Monarch Pet Memorial Services Inc. located at 805 N. Federal Highway SUMMARY: The CRA's Commercial Facade Improvement Grant Program provides financial assistance to a commercial property owner or commercial tenant in order to incentivize the exterior improvement of existing commercial properties within the CRA District. The CRA has received a completed grant application from Monarch Pet Memorial Services, Inc. located at 805 N. Federal Highway, Boynton Beach, FL 33435 (see Attachment I & 11). Monarch will offer dignified pet cremation, funeral home and pet memorial services to families in south Florida. The first of its kind in the area, Monarch will provide Aquamation, an environmentally friendly alternative to flame cremation, to create ashes. Not only will Monarch bring jobs in the Boynton area, but also a service that many families and veterinarians will utilize. The Commercial Facade Improvement Grant Program provides a 50% matching reimbursement of the applicant's expenditures for the eligible improvements up to a maximum grant total of $25,000. If approved, the applicant is entitled to grant maximum of $25,000 in reimbursable funds for signage, landscaping, exterior paint, new fencing, parking lot improvements and new hurricane windows and doors based on the quotes totaling $55,400 (see Attachment 111). CRA grant funds are released as reimbursement once the proper documentation is submitted to staff for review and approval. FISCAL IMPACT: $25, 000 - FY 2017 -2018 Project Fund, line item 02-58400-444 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Facade Improvement Grant not to exceed $25,000 to Monarch Pet Memorial Services, Inc., located at 805 N. Federal Highway, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Location Map D Attachment II -Commercial Facade Improvement Grant Application D Attachment III - Project Budget and Quotes 4/12/2018 PAPA Maps DOROTHYJACKS ~t �y Search b Owner,Address or Parcel } d y _ ■ II 11 .I no } t 1 View Property Record Owners SEAQUATIC HOLDINGS LLC Y � f � Property detail Location 805 N FEDERAL HWY Municipality BOYNTON BEACH - it Parcel No. 08434521 320010170 Subdivision LAKE ADD TO BOYNTONPv Book 29442 Page 969 Sale Date OCT-2017 py 830 NORTH RD s+ Mailing Address BOYNTON BEACH FL 33435 3238 Use Type 1 100-STORES 'r _ -- •. _ rS)tYi ,i�4} �� `}� Ii4 ,'.. Total Square Feet 1 796 5 s •'VWE 7th-.4WD .. -, - ! `` I i A} t{( 11� I� • Sales Information Sales Date Price OCT-2017 360000 NOV-2004 265000 MAR-1998 80000 JUL-1 986 100 §t1i,` ;11f r i�1jis t MAR-1 985 100 Appraisals Tax Year 2017 V Improvement Value $127,701 Land Value $125,618 Total Market Value $253,319 All values are as ofJanuary 1st each year t Assessed/Taxable values Tax Year 2017 Assessed Value $236,514 t Exemption Amount $0 - Ott Taxable Value $236 514 tu„stl;res;,;sssssssssssssssssssssssssssss,t ,�a�v I� } 't t y Taxes Tax Year 2017 !) Ad Valorem $5,164 J!,t - - Non Ad Valorem $848 Total tax $6,012 http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434521320010170 1/1 BOYNT "BETAOCNMCRA October 1, 2017 - September 30, 2018 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Fagade Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA") District. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs that result in more visually appealing commercial properties or other improvements in accordance with the CRA Community Redevelopment Plan. The CRA reserves the right to approve or deny any Commercial Fagade Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the CRA District. The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 9. Any documents the Applicant(s) may be subject to production by the1 CRA upon receipt of a pudbby records request, subject to any exemptions provided by Florida Law. p c Incentive Funding The Commercial Fagade Improvement Grant Program offers financial assistance in the form of a reimbursable, matching (50%) grant up to $25,000 to the landlord or business owner for eligible expenses associated with improving the external appearance of their business and to encourage businesses to invest in their operations. Page 1 of 14 Initials Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737-3256 Fax:(561)737-3258 www.catchboynton.com Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace_program.php or by contacting the City at (561) 742-6067 Attached is the ReNew PACE Eligible Product List. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Must be located within the CRA District (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • If tenant, applicant must have an executed multi-year lease (two year minimum). • Fagade improvements must be consistent with the CRA's Urban Design Guidelines (Note: CRA Design Guidelines are available on the CRA website. All proposed exterior improvements using CRA funds must be approved by the CRA Board. The CRA Board may make recommendations for exterior improvements based upon the CRA Urban Design Guidelines). • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed in the Boynton Beach/Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a fagade grant application. • Grant funding amounts will be based on the applicant's project budget specified at the time of the CRA approval. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Fagade Improvement Grant Program may only be used one time in any five year period for any one property. Properties may reapply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks N�__ Page 2 of 14 Initials Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737-3256 Fax: (561)737-3258 www.catchboynton.com reimbursement. To ensure that the property does not have any outstanding code liens, violations or monies owed for utilities the CRA will perform a lien search on the property at a cost of$115.00 which will be deducted from the grant funding to the recipient. In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • The property owner or tenant must complete the fagade improvement project and submit for reimbursement within 120 days of the issuance date of the permit for the project. If CRA Board approves grant funding and the work being performed does not require a permit, the application for reimbursement must be within 120 days of the grant award. Failure to complete the improvements within the specified time frame will result in the property owner or tenant losing the grant reimbursement opportunity. Only one 60 day administrative extension will be permitted. • Project items completed and paid for more than 60 days prior to grant approval by the CRA Board are not eligible for reimbursement under the grant program. • Items completed and paid for by the applicant prior to CRA Board approval may be excluded and/or denied at the CRA Board's sole discretion if the CRA Board determines the improvements are not consistent with the CRA's Design Guidelines. • Application and CRA Board approval of this grant is for funding only. Approval of CRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the CRA the rights and use of photos and project application materials. Projects and items eligible for funding under the program are limited to: • Decorative exterior facade • Patio decks connected to the improvements building • Landscaping around the building • Irrigation • ADA improvements • Exterior wall repairs (stucco, • Signage brick/wood repairs and • Exterior doors/windows replacement) • Exterior Lighting Initials 6k Page 3 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737-3256 Fax: (561)737-3258 www.catchboynton.com • Parking lot re-paving, re-sealing, re- • Demolition of structure and re- striping sodding of vacant property • Fencing (excluding: chain link, • Solar electricity and water heating — barbed wire, and wood panels) See Attached ReNew PACE Eligible Product List • Electric vehicle charging station — See Attached ReNew PACE Eligible Product List Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and, • Consequences of default on the lease. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Application Process Applications can be obtained from the CRA office located at 710 North Federal Highway, Boynton Beach, FL 33435 or downloaded from www.catchboynton.com. All applicants are required to meet with CRA staff in order to determine eligibility before submitted an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. Initials Page 4 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737-3256 Fax: (561)737-3258 www.catchboynton.com Applicants must submit an original, "hard copy" application with all materials to the CRA for review and approval by the CRA Board. Applicants will be considered on a first- come, first-serve basis. Application packets must include the following documentation: 1. Written detailed project budget describing the improvements to be done to the property. It must list all project costs the applicant is requesting for reimbursement. The project budget must provide a total cost of the project. 2. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. 3. Copy of building permit receipt/application. If the permit has not been applied for prior to submissions of the grant application, a copy of the building permit receipt is due within 90 days of grant approval. Copy of Warranty Deed. Copy of executed multi-year commercial lease agreement. 6. Copy of design and construction plans associated with the proposed improvements. 7. A minimum of four color digital "before" photos of the project. 8. Signage design. 9. Project color chips, material samples and material specifications, if applicable. - J9,-Completed and signed application (attached). 9 Form (attached). 12.City Planning and Development Department Acknowledgement Form (attached). 13.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 12 and 13) must be completed and submitted to the appropriate departments located at City Hall 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All required documentation must be submitted no later than noon on the first Tuesdav of the month. CRA staff will review the application to verify that the project is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and approval. The CRA Board meets on the second Tuesday of each month. The schedule for CRA Board meetings can be obtained at www.catchboynton.com. Applicants will be notified of the date and time that their applications will be considered by the CRA Board. Page 5 of 14 Initials AL Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737 -3256 Fax:(561)737-3258 www.catchboynton.com The CRA recommends that applicants attend the CRA Board meeting during which the Board will consider their applications in order to answer any questions the CRA Board may have regarding their applications. CRA staff will notify the applicant of the CRA Board's approval or denial in writing. Site Visits CRA may conduct a site visit prior to transmitting the application to the CRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant agreement. Procedures for Reimbursement This program is designed as a matching 50% grant. All work must be completed and paid for by the applicant prior to the release of CRA funds. The CRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the CRA (3) days prior to the grant expiration date. The CRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full". Proposals for "work to be completed" or"bids" are not considered proper documentation. a. Each item will be supported by a canceled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. 2. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. Page 6 of 14 Initials Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561)737-3258 www.catchboynton.com 3. Proof that the work has been approved by the City of Boynton Beach Building Department, i.e. Copy of Certificate of Occupancy/Completion 4. CRA has received copies of final inspection approvals for all work that requires a permit. 5. Entire scope of work for eligible items is completed. 6. A minimum of 4 color"after" photos of the project. By submitting for reimbursement, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees, and permits. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Fagade Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the CRA to any third party. The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the CRA to award grant funding. Initials Page 7 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737-3256 Fax: (561) 737-3258 www.catchboynton.com BOYNTON ! �;iS fit tE" i6BEACKCRA A BUSINESS INFORMATION:APPLICANT INFORMATION Business Name(d/b/a if applicable) 1 Current Business Address: Fed ID#: r r Business Phone Number: ig1"VS 41� "7 Cell: Website: ono--d Existing Business: Yes No Number of years in existence: Time at Current Location: -' New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No If so, monthly base rent: New Business Address: n 1 T Square footage of current location. '® � Square footage of new location: Type of Business: Number of Employees: Hours of Operation: Page 8of14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435-Phone:(561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON "I" �"BEACKICRA APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth: I—` mail: C qtr E l Residential Address: a Cell Phone Number.- 2. umber:2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for gran sistant under any other program offered by the CRA? (Tier One Busisses Onl ): ICs No If yes, what additional programs are you applying for: Page 9 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach,FL 33435–Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON],," "BEACH ,,,CRA APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes_ If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: ,r Landlord Name: k I I Landlord's Mailing Address: Landlord's Phone Number: q Page 10 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737-3256 Fax: (561)737-3258 www.catchboynton.com 1 BOYNTON' NNUMBEACH "CRA, APPLICANT INFORMATION CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Fagade Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Fagade Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the CRA may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. Initials Page 11 of 14 t�( Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737-3256 Fax: (561)737-3258 www.catchboynton.com { BOYNTON" ' NWAMBEACH APPLICANT INFORMATION I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Initials k(All, Page 12 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach,FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON ' BEACH 1,,,:,CRA APPLICANT INFORMATION APPLICAW SIGNATURES: B , Principal s ,g atu �i��c _S cpit Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF Vii` \C Eft COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared cv-1 0dCw\vu� who is/are personally known to me or produced. ` as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in th tatT and County aforesaid on this day of cy 20 . NOTARY PUBLI s� Notary public slate of Florida My CommissiWONnire . Summer L Sampeero-Carba)ai My Commission GG 105867 �„ Expires 05/17/2021 Page 13 of 14 vv� ommercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com i F } BOYNTON 01011MBEACKCRA LANDLORD INFORMATION LANDLORD SI TURES: � yv�Aextj-- �- I t� 1. Landlord's Lure ate 5VA CE S i ALALA Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures-Multiple notary pages may be used if signing individually STATE OF COUNTY OFC`i°°°kc ' BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared E" �, _ ' '_ _� who is/are personally known to me or produced �' r C%0 0 4 as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this Er`. " day of 20 . ►, Notary Public state of Florida N OTAR C`t summer L Sampadro-Carta}al '' MyCommissionGG106867 My Com issaefr Expires: 4 Expires 05/17/2021 Page 14 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone(561)737-3256 Fax(561)737-3258 www.catchboynton.com Monarch Pet Services Office Renovation Project Exterior Subaquatic Holdings owns a standalone commercial office building on 805 N. Federal Hwy. Due to the nature of Monarch Pet Services business there are special electrical and plumbing requirements. Also, the building was built back in the fifties and to get an occupational license alteration were needed to be compliant with the city's compliance standards. The total Renovation Budget is roughly around $110,000. This number will likely grow as other requirements may be needed that are unknown at this point. Here is a list of the changes we will be making on the exterior of the building located at 805, N Federal Hwy, broken down by category: Exterior 1) Replacing all windows with impact energy efficient window 2) Sealing and Painting the exterior of the building 3) Replacing signage 4) Lighting for Signage 5) Re-painting parking lot—will include handicap parking 6) Fence 7) Landscaping 8) Pavers in from of main entrance (will match sidewalk pavers) 9) Replace Pipe from city supply to building and add a BackFlow Costs Breakdown - Windows-$18,000 - Exterior Painting and re-sealing-$6,100 - Parking area Pavement removed and replaced—re-paint parking spots-$8,216 - Signage -$5,150 - Fence -$7,050 - Electrical for signage -$2,450 - Landscaping-$ 2,504.18 - Front Pavers—$2,650 - New Piping from City to Building and Backflow$3,200 Total Exterior(approx.) -$55,400 Opening Drawings fortheBase Proposal Q257287 3NV-WITH INSTALLATION Job ID: MONARCH PET MEMORIAL SERVICES 8UbNFED HVVY 541551-0412 80YTUNBEACH, FL Drawings for Opening:Oi'O1'O1 Opening Type: 1-BY DOOR[3} Product Dimensions: 218x111 | � � 0YQ'1BYDOORS 2i8x112 0peningPSF: 1 38 Drawings for Opominy�O1'Oi'U2 Opening Type: 1'BYDOOR[S] Product Dimensions:00x66 MO 'i8YDOORS 71x87 Opening PSF:(+48.3/-48.3PSF °) Drawings for{)pening:01'O1'03 Opening Type: i-BY DO0R[8] Product Dimensions: 10x38 00 KA[) -1BYDOORS 21x39 Opening PSF:(+8O.U/'80.OPSF°) Drawings for 0peninO:O1'Di-04 Opening Type: 1-BY DOOR(S] Product Dimensions: 12Ox84Co / kAO -1BYDOORS 122x85 Opening P3F:(+70.8/'70.0 PGF � C>257287 1of1 Date Printed: 11/002017 Product �n f� �� Proposal. / ��u�� U�� /u[ u /�� /�� / ��l[��/ �� ' �u/ S(VV - WITH INSTALLATION Date Printed: 11/08/2017 Proposal Expires 12/08/2017 Job IO: MONARCH PET MEMORIAL SERV/CES 805 NFED HWY 541551'0412 B{lYT[)NBEACH, FL Opening {jb/ Product Description P[iC8EaCh(M) 01-01-01 (+60.0/-60�8P8F °). U'Faotor=8.95. 3HGC=0.25 I 8{N-PVVRESIDENTIAL STORM SAFE 3S"xG8°WHITE $ 882.87 FRAME CLEAR LO'E36GGLASS 7/18IMPACT HSw/S0UARE K U GLAZING BEAD 01'01-01 (+60.0/-60.0 PSF°). U-Faohrr=0.05. SHGC=023 1 S|VV'FRENCH DOOR XLHOUT8VVING38''x111''vwADA $ 4.058.S5 THRESHOLD WHITE FRAME CLEAR LU'E30GGLASS 7/10" u� IMPACT HSw/SGPINTERLAYER-SQUARE GLAZING BEAD -8'' BOTTOM RAIL-US15SATIN NICKEL HINGE -COMMERCIAL LOCK 01-01-01 (+48.3/-48.3 PSF *). U-Fador=0.95. SH8C=0.25 1 0VV-PVVRESIDENTIAL STORM SAFE 7i''x6G"WHITE $ 1.790,50 FRAME CLEAR LO-E388GLASS 7/18IMPACT H8vISQUARE GLAZING BEAD 01-01'O1 (+48.3/'4&3 PSF ^). U'Faotor=0.95. SHGC=0.25 1 G|VV-PVVRESIDENTIAL STORM SAFE 71"x88''WHITE $ 1.700.58 FRAME CLEAR LO'E386GLASS 7/1S|k8FACTH8wISUUARE GLAZING BEAD O1'O1-81 1 VERTICAL S|VV' 1x3x1/8MULL WHITE 6S"(w/1x3CLIPS) $ 64.06 O1'81-U1 2 VERTICAL S/VV-2x8x10 /NULLVVH|TE 111"(w/2x8CLIPS) $ 204.58 01-01'02 (+48.3/-48.3PSF *). U-Fachor=0.95. DH8C=025 1 3|W-PVVRESIDENTIAL STORM SAFE 89'xGG"WHITE $ 1.740.12 FRAME CLEAR LO'E3G0GLASS 7/1GIMPACT H3w/SOUARE GLAZING BEAD �� CONTINUED on next Page . . . . . Product Listing for the Base Proposal Q257287 (Continued . . .) SIW - WITH INSTALLATION Date Printed. 11/08/2017 Proposal Expires 12/08/2017 Job ID: MONARCH PET MEMORIAL SERVICES 805 N FED HWY 541 551-0412 BOYTON BEACH, FL Opening Qty Product Description Price Each(M) 01-01-03(+80.0/-80.0 PSF *), U-Factor=0.95, SHGC=0.25 1 SIW-SH RESIDENTIAL STORM SAFE(CUSTOM 19"x 38") 1/1 $ 401.82 WHITE FRAME CLEAR LO-E 366 GLASS(WHITE ❑ INNERLAYER) 7116 IMPACT HS w/SQUARE GLAZING BEAD 01-01-04 (+70.0/-70.0 PSF*), U-Factor=0.95, SHGC=0.23 1 SIW-FRENCH DOOR XX(w/LH+RH SIDELITE) RH ACTIVE $ 6,864.00 OUTSWING 120"x 84"x 76"w/ADA THRESHOLD WHITE FRAME CLEAR LO-E 366 GLASS 7/16" IMPACT HS-SQUARE GLAZING BEAD-8"BOTTOM RAIL-US15 SATIN NICKEL HINGE-COMMERCIAL LOCK -PAYMENT TERMS : 50% DEPOSIT, 40% DUE AT INSTALLATION AND 10%AFTER FINAL INSPECTION. -SIW IS NOT RESPONSIBLE FOR PAINTING ON STUCCO OR TRIM. -ENGINEERING AND BUILDING DEPARTMENT FEES ARE NOT INCLUDED IN THE TOTAL PRICE(IT WILL BE INVOICED ONCE WE RECEIVE THE COST FROM THE CITY) PLUS$75.00 ENGINEERING-$60.00 RUNNERS FEE-13$NOC FEE. - -DISTORTION CAN OCCUR IN ALL GLASS PRODUCTS AND IT CANNOT BE PREVENTED BECAUSE IS PART OF THE LAMINATION PROCESS. -IN THE EVENT OF BREAKAGE OF A TILE OR MARBLE SILL SIW WILL TRY THE BEST POSSIBLE TO MATCH EXISTING. -SIGN X TO PROCEED WITH THE ORDER. Thank you for allowing us to Quote your work! Total Materials: $ 18,001.60 Sales Tax: $ 0.00 Proposal TOTAL Amount------------> $ 18,001.60 Z o 0 0 O0 C) 0 oo N - H a) Q Z 0 O O > �_ � _N 0 0 0 ° o O o 0 O N O o a) Q O 0 Q O 0 0 p 0 �� E a) N L o Q � :3 0 •,o c o o � 0 = Ln _ — o o ~ o U � oaa)) 0 -a 3 (DQ C) N N O) O Q U 0 � _` Q O � ° U O p x U Q C) 0 c p c c 0 a) F Ln L o -C p o 0 Q o o a a 0 0 0 o ; N 0 ° U3 X0 .9 — c .� 0 o Ln O Oar s� � � Lo �_ c o E cc _ Q C- O N- 0 0 0 O Q) � a) O Q O .= O a) D a) 0 .c ,- p U O U E 0 3 Q O O .3 O N D o "= U > � o a o tn V' o Q° o Q v n a) a) V) � U 0 U o U 0 - � � x w �- O oo °' � � 0 oUa (D 0 � � a� Q o °' ° Q 0 ' ° o a o� Q � �N o N 3 t O a) -O _ U x 0 N c O N O L p In Q _N — a) O p O p a) O p Ll.Jp N a) 0- a) Q C- o o N O p N U � N '� �- U O �0 0 O 0 0 Ln 3 � �67 3 � NN m Awa o 0 E � Q � � o = Qo � � U L� o m � 3 ( a -0 o ° tz O cc U (D LU ° a� r- cn 0).- D c C U tL cNv Q N O O c N O O a) O N O O c O U N O Q Q U p O N 0 0 C a) 0 c pp N V) Q N cri ; E O E- p U p O O) E p 0 o f 0 E �- 0 a) N -0 E c c Q) � > Qo 3a) 00 � ,� 0 'E � � 00 E .0 (Dm a) N > N o Q O c p 0- O N O c �- Q N 0 00 c 0 Ln c 3 -) > 0 > 0 -0 E 0 3U Ln10 O -C o � >oEc � � o � o0 L p L O O 0 0 3 0 O O -� LL c N N N y_ i " � 0 � � 3 ds3 I � oO � � �' 0 � 0 0 C0' 3 ° 3 � � Z 0 � `o a) N o Q3 � � 0 c � -0 > o a N U N } U p c a) p a) U c .� O U c Q a v t- 3 dS x c 0) 0 O U c 0 s_ O O 3 ;= cn Q 0 p a� U � � E o ° � � 0 c ° 0 c � U o 0 0 c > 0 c 0 a� m USE OWN � a� a0i 0 :1- � � a) 00 a > a� cn c .O c U 0 0 3 � � 0 "- ° 0 0 0 W O = '� Q) > ` �- -C O 0 O Q -0 N IL UOw4 Q3 � ( ,'= � � QQ C) o U � ° 3 U 3 a. _ t LL ) \ V; � � 0 Q 2 U 0 a } � } � _ } � « o f � ! � E 0 U 3 \ 2 e } / � & � \ / �= a � \ / § / \ ƒ .\ { / / \ � \ O / / \ 6 ± \ U / uj 00 \ C4 o — p 0- 10 � E \ � � E 0 0 I a � < � / g } CL u 4 § ( zea \ { / fG \ 0 003< S \ The aVIi1 La 1000 W.Industrial Ave.,Boynton Beach,FL 33426 Tel.561-572-2600 Fax 561-572-2601 CGC1524317 Date: Thursday,April 26, 2018 Proposal#2018-0561 Submitted To: Site Description: #S122593 Prepared By: Alan Gardner Monarch Pet Memorial Services Suzy DeMartino Monarch Pet Memorial Services 805 N Federal Hwy Contact Information: 805 N Federal Hwy Boynton Beach, FL 33435 Mobile: 561-350-1170 Boynton Beach, FL 33435 Office: (561) 572-2600 Contact Information: E-mail: suzy@pavinglady.com Phone: (561)329-1596 Mobile: E-mail. agardner@systemglobalservices.com Qty Proposed Service(s)&Description(s) 1674 Sq. Ft. Mill and Pave $5,418.00 1. Mill entire asphalt area up to 1"All asphalt to be hauled off to local asphalt plant for recycling. 2. Tack entire asphalt area with tack coat. 3. Overlay with 1"new hot plant mixed asphalt Type S-III. 4. Roll and compact new asphalt to a 1"average and match elevations of existing surrounding asphalt. Sq. Ft. French Drain $1,548.00 Clean out Existing French Drain and Install New French Drain Striping $475.00 In Paint Only: Haul Away Old and Replace 2 New Painted White Car Stops, 2 New Stall Lines Take out Paver Bricks in Front of Building $775.00 Take out Paver Bricks in Front of Building appprox. 46 sy-for client to install new paver bricks. Price to only remove existing bricks PAY!,' E N'1' 50% Deposit, Balance Due Upon Completion Project Total $8,216.00 This proposal may be withdrawn at our option if not accepted within 90 days of Apr 26,2018 Pavement Consultant Suzy DeMartino Accepted Authorized Signature Signarama Delray "'so Effeco,LLC 404 2905 S.Congress Ave,Suite E Delray Beach FL 33445 United States lga5 to grow your business. Phone:561-278-7446 Fax:561-278-6431 chris@signsdb.com hftp://www.signsdb.com Quote 2947 - New Building Signage Expiration Date : 12/13/2017 Quote for Contact Shipping/Install Monarch Pet Memorial Services Dennis Gee 805 N.Federal Hwy 805 N.Federal Hwy Phone :(541)551-0412 Boynton Beach FL 33435 Boynton Beach FL 33435 Email :dennis@monarchpetservices.com Address:805 N.Federal Hwy Boynton Beach FL 33435 Quote# Quote Date Sales Rep Payment Terms PO PO Date 2947 11/28/2017 Chris Levey 50%Down/Bal chris@signsdb.com Before Shpmt Items # Item Qty Unit Price Total Tax 1 ALUMINUM:Dibond 3mm with vinyl print 2 $224.00 $448.00 $31.36 W:48.0 in.X H:48.0 in.,Single Sided Dibond 3mm-Full Color with lamination Signs to be installed on existing plywood faces just south of entrance. 2 Installation of New Dibond Signs 1 $150.00 $150.00 $10.50 3 New Butterfly Logos-Illuminated 2 $898.00 $1,796.00 $125.72 32"x24"Front illuminated channel letter logo of a butterfly with digitally printed translucent print on an acrylic face. White trim cap and white returns. 4 Installation of Channel Letter Butterfly Logo 1 $1,000.00 $1,000.00 $70.00 Installation of channel letter logos on either side of concrete monolith on the top of building. Sign contractor to make final connection of sign to existing power brought to sign location by others. Tenant to confirm that power for each sign is run from a dedicated 120v circuit with a time clock,per local building code. 5 Graphic Design Fee 1 $85.00 $85.00 $5.95 Single Sided: Artwork Design fee-includes file creation or restoration-hourly rate estimated,may be adjusted 6 PERMIT:Administration-ELEC 2 $300.00 $600.00 $42.00 Single Sided: Electrical Acquisition Charges-Includes Contractor charges,drawings, paperwork, photographs 7 PERMIT:Engineering 2 $225.00 $450.00 $31.50 Single Sided: Engineering-Wind load certification for signs. Requirement determined by your city/county. Emailed 11/29/2017 05:42 EST by CL Page 1 of 2 # Item Qty Unit Price Total Tax 8 PERMIT:City Charges 2 $150.00 $300.00 $0.00 Single Sided: City or County Charges-This is an estimate-actual charges are passed through and over/under will be added or deducted on the final invoice. Total Sub Total Total Tax(%) Final Price $4,829.00 $317.03(7.0%) $5,146.03 Downpayment(50.0%) $2,573.02 Terms And Conditions Invoices&Cancellation of Orders:Sign-A-Rama(Vendor)prepares your order according to your specifications.Therefore,prior to it's commencement,your order is only cancelable with the Vendor's prior written consent.After commencement of your order(the point at which materials are assembled and work has begun),your order is non-cancelable.The Customer is Solely Responsible for Proofreading Vendor does not assume any responsibility for the correctness of copy.Therefore,you must review and sign a proof prior to our commencement of your order.By signing your proof,you approve of its content and release the Vendor to commence our work.You are solely responsible for the content of the proof once it has been signed.However,if we should make an error in producing the work as proofed,please be assured that we will redo the work as quickly as possible and without charge to you-Vendor's Liability Vendor's total liability is hereby expressly limited to the services indicated on the invoice and Vendor will not be liable for any subsequent damages,consequential damages,or otherwise.All dates promised on this invoice are approximations unless the word"firm"is written and acknowledged by the Vendor. Terms of Payment:Upon ordering,you must give Vendor a 50%deposit.Your balance will be due upon delivery and/or installation.Vendor may,at its sole discretion,extend credit terms to you upon approval.0 ollection Procedures:Invoices are considered delinquent thirty(30)days from the date that your order is completed.After the thirtieth day,a late charge of$25.00,together with interest accruing at the rate of 1.5%per annum,or the maximum rate allowable by law is assessed.You shall be liable for all costs related to collection of delinquent invoices,including court costs and attorney's fees.Customer's Acceptance of Work:Customer's acceptance,either personal or through his/her agent(s)and/or employee(s)of the work ordered shall be deemed as full acceptance.This means that by accepting delivery of the work,customer affirms that the work substantially conforms to all expectations.Lost or Substantially Forgotten Work:If customer does not take possession of completed work within thirty(30)days from notification of completion,then the work will be considered lost or forgotten,and vendor will not be responsible for further loss.Customer will be billed and responsible for payment for work that has been completed for Monarch Pet Memorial Services Signature Date We agree to your terms and conditions.Please proceed with the order. Emailed 11/29/2017 05:42 EST by CL Page 2 of 2 561-768-3711 erroIfencebuiIders@yahoo.com BGH Fence Builders Invoice Bill To: Allan Gardner-AQUAMATION Invoice No: 976 Agardner@sgsdi.com Date: 04/19/2018 805 N Federal Hwy,West Palm Beach,FL,United Slates Terms: NET 14 Due Date: 05/03/2018 Install white verigated Eft High PVC 1 $7,050.00 $7,050.00* fence with all post being 5x5 thickness and concreted 2 ft in ground.PVC Fence will be 6ft high and 6ft wide. Including 1 Oft manual PVC rolling gate. All materials used is manufactured locally and carry a limited lifetime warranty of 30 years by veka manufacturer. ,Fence will be constructed onsite and meet all Florida building codes. Estimated timeframe for permit procedure 7 days. Special order for this product must be paid up front before manufactured. Deposit requirements as follows 1/3 @ signing 1/3 @ material delivery and final 1/3 upon completion. *Indicates non-taxable item Subtotal $7,050.00 Total $7,050.00 Paid $3,525.00 U Pay Now BalanceDue 11 Invoice2go 1 /3 BGH Fence Builders-Invoice 976-04/19/2018 White pvc �t,�w. r;r��_•� � .�.��. ss_1� s�1��tl ��k ��'ffifml�t�� _ — MEMO i ) ty 1i 2/3 BGH Fence Builders-Invoice 976-04/19/2018 Rvc roiling gate 1 ( Mlml'S , sn l�(tf �3uk?��GIW 3/3 TOTAL POWER ELECTRIC INC. 12239-41 NW 35TH ST. Coral Springs, F133065 Phone: 954-340-3850 Fax: 954-340-3857 Proposal prepared for Alan Gardner Monarch Pet Memorial Service 805 N. Federal Highway Boynton Beach, FL New Building Signage • Install new mechanical time clock, new conduit, disconnect switch, associated conduit, and circuitry for new building signage. Total Cost of Proposal: $2,445.00 Any questions or concerns please call Evan at 954-818-9155 Ref#0416-18 Reference to: Exterior Landscaping Estimate for Plants and Platers around front of the store. Monarch Pet Services will be doing this ourselves. Monarch Pet Services will be purchasing everything from Home Depot in Boynton Beach. Item Description Units Cost Total Rectangular Decretive Platers 2 $793.00 $1,586.00 Coral Cactus Plant 4 $ 27.99 $ 111.96 Mountain Snow Pieris, Evergreen Shrub 4 $ 36.98 $ 147.92 Oso Easy Mango Salsa Landscape Rose 4 $ 17.99 $ 71.96 Incrediball Smooth Hydrangea 2 $ 34.99 $ 69.98 North Pole Arborvitae 2 $ 59.99 $ 118.98 Rainforest Waterfall Fountain 1 $215.38 $ 215.38 1 cu.ft.Top Soil 104 $ 1.75 $ 182.00 Total $ 2,504.18 Items Being Purchase from Home Depot 1) Rectangular Decretive Plater „-•,c l Ou dioo, en c p C^rden Bed's A§o:taf tt H6RF Infrnnep203111�t T Rectangular Decorative Outdoor Planter in,fist R —, A the lvst EU- $7900 pallet(unitload) overview f Add beauty and value to your garden,yard or any outdoor area with this natural stone or rock look planter.Let your imagination go with the endless possibilities that come with having one of these planter:...Se,F u,Descrmti 2) Coral Cactus Plant Shop by Room DIY Projects&Ideas Home Services Specials&Offers Local Ad I Garden Centei Succulent::;&Cactus.Plants -)A Mt—M k303749118 Costa Farms i Coral Cactus Plant in 5 in. Laurel Oak Simple Elegance Ceramic z,n e-thy- i ut a�-;c:w Questor F4 Aae:vers(2) $27 t 99 • n trt� /each t_'41 Overview Crested euphorbia is the houseplant for you if you're looking for something that's low water.easy to care for and decidedly structural.This succulent ----------- 3) --'3) Mountain Snow Pieris, Evergreen Shrub Garden?Center f Trees&Bushes / Shrubs cCs0a3 rr � Southern Living Plant Collection �K fi2 Gal. Mountain Snow`Pieris, Evergreen Shrub, Clusters of Small Bell-shaped White Blooms i (12) , VInte a Rev•e-:u Questions&Arrsrvers!i;, P wsa' c , Large clusters of small white bell-shaped blooms in spring int ��,i��, t ,a S- • Popular flowering evergreen landscaping shrub lir�r t d.i r3 i • Not guaranteed to be in bloom on arrival A $ 98 a /each Choose Your Options •y a` Container Size 4) Oso Easy Mango Salsa Landscape Rose Shop by Room DIY Projects&Ideas Home Services Specials&Offers Local Ad I Garden Ce=iter ( Garden Plants u Flovaers / Perennials ht—M,0204&%539 Proven Winners 4.5 in. qt. Oso Easy Mango Salsa Landscape Rose (Rosa) Live Shrub, t� Salmon Pink Flowers -- '*•d, ** (15), VVme a Rev,ev+, Ouestions&Answers(111 f�e 1 99 /each i Overview , 'f Oso Easy Mango Salsa from Proven Winners has intense,amazing color: shades of ruby-red grapefruit,summer sunsets and those fancy tropical drinks with umbrellas in them_Disease resistant and dn...See Fu%=Deseriotic 5) Incrediball Smooth Hydrangea Harden Center ! Trees°u Bushes 1 Shrubs fntarnei a205W, 3392 Proven Winners � 1 Gal. Incrediball Smooth Hydrangea, Live Shrub, Green to White Flowers it x's (255),r VAite a Review Quest.ons&An ,vers OM Ij risk }} �,v • Super-sized white flowers bloom in summer on sturdy stems Great for landscaping,naturalizing,and for a cut flower • Hand-picked and delivered fresh from the greenhouse _ � �1r res Ott � I /each Choose Your Options - _ Container Size 6) North Pole Arborvitae Garder,Cev-tei Trees&Blishes 1 Sh-ubs nternet z206820898 Proven Winners North Pale Arborvitae (Thuja) Live INS Evergreen Shrub, Green Foliage, 3 Gal. (16), VNr to a Revier, Questions S Ar :vers(401 Dark green winter foliage color 9 9 ht� h Resists wind burn and makes an excellent landscape plant �t\i r �t �f� h � • Hand-picked and delivered fresh from the greenhouse . /each Choose Your Options ,- - Container Size 7) Rainforest Waterfall Fountain Garden'Center J Outdoor Decor 1 Fountains €15567382 Alpine 1, h 41 in. Rainforest Waterfall Fountain k nl i< ;F 5- (73)- Mite a aev,ew OUest vies&Ansv,,esii6i • A stylish addition to any space • Flowing water offers a soothing sound in your environment 2 • Fountain has easy maintenance with 448 oz.water capacity Was 3 $ 38 /each { Save$53.85(20 f 8) 1 cu.ft.Top Soil DUlf-JOUS 1 Gmde.-n„'enter I tandscan,ng Sols 1 Topsoil 51 Y,2 InI—et 420-15"5238 St—SKU 1 cu. ft. Top Soil Y u, �tll (129) Write a Revierj Oucstions 3.Ans%ve,s,i37) 'i(I fl • Great for filling,leveling and mixing • Mix to create your own potting and garden sail • Excellent top dressing for gardens $175 each r ` 'i (I E u lit��r �,a BBEM RAVERS,111C. Deck & Drive Pavers, Inc. 605 NE 3rd Street Lia # CBC1255298 Boynton Beach, FL 33435 www•deckanddrive.com 561-330-8100 Office deckanddhivepavers(a,g7nail.com Date: 05/l/2018 Proposal# 15410 Submitted To: Job Address: Allan Gardner 805 N Federal Highway Boynton Beach, FL 33435 561-329-1596 Cell allan(&,m onarchpetservices.coma Description: PAVER PARKING LOT (maximum 400 sq. ft. including cuts/waste 1. Remove & dispose maximum 360 sq. ft. of existing pavers. 2. Supply& install maximum 3 tons of crushed concrete screening sand & compact. 3. Supply& install 23/8„standard shape pavers in standard color for paver parking lot. 4. Supply& install concrete edge restraint along paver border. $2,650.00 Notes: a. Permit fee to be additional. Gene Antolino, Estimator Deck & Drive Pavers, Inc. Total: $2,650.00 Any additional work performed will incur added charges.Scope of work includes only item(s)listed above.Prices good for 30 days. Deck&Drive Pavers,Inc.is not responsible for any underground utilities,irrigation or landscape. Payment Due: 50%deposit and balance due upon completion. Any payment not received by the due date,shall bear 1.5%interest per month and any collection costs to Deck&Drive Pavers,Inc., (including attorney fees,court costs,Deck&Drive Pavers,Inc.admin.fees,etc.) The above prices and specifications are hereby accepted. Signature Date JPS JENCO PLUMBING SERVICES,INC. 1544 S.W.7 Ave.Pompano Beach, FL 33060 Phone 954.788.2802-Fax 954.788.2803 April 15,2018 RE.Monarch Pet Memorial Services 805 N.Federal Hwy. Boynton Beach,Fl. dettnisr nu nachpetservices earn PROPOSAL SPECIFICATION AND ESTIMATE EXTERIOR PLUMBING 1. If a Backflow is needed this will be billed as an extra. 2. New Piping to street 3. All cutting,patching of Driveway and parking lot will to be done BY OTHERS. 4. Condensate by others. 5. If lifts are needed this will be billed as an extra. 6. All permit fees paid by others. WE PROPOSE hereby to furnish material and labor-complete in accordance with above specifications for the Sum of Three Thousand and Two Hundred Dollars $3,200.00 THIS PROPOSAL BECOMES A BINDING PART OF CONTRACT, SIGNED OR UNSIGNED Payment to be made as follows: ONE THIRD OF CONTRACT PRICE PER INSPECTION. - -. All material is guaranteed to be as specified.All work to be completed in an Authorized Workmanlike manner according to standard practices.Any alteration or Signature Deviation from above specification involving extra costs will be executed WAYNE SCOTT JENKINS Only upon written orders,and will become an extra charge over and above The estimate.All agreements contingent upon strikes,accidents,acts of Note:This proposal may be withdrawn God,i.e.,hurricanes,or delays beyond our control.Owner to carry fire, by us if not accepted within 30 days Tornado and other necessary insurance.Our workers are fully covered By Workman's Compensation Insurance.Attorney fees paid by others. ACCEPTANCE OF PROPOSAL-The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.Payment will be made as outlined above. Date of Acceptance Signature t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CONSENT AGENDA AGENDAITEM: 10.1. SUBJECT: Approval of Commercial Construction Permit Grant Program in the amount of $1,951 for Monarch Pet Memorial Services Inc. located at 805 N. Federal Highway SUMMARY: The CRA's Commercial Construction Permit Grant Program is designed to assist new and existing businesses with the City's required building permit costs associated with commercial renovation and/or new construction projects. Approved applicants are eligible for the reimbursement of building permit fees in the amount of 2.3% for projects under $250,000 or 3.3% of the project's permitted valuation for projects over $250,000 as approved by the City of Boynton Beach. The CRA's maximum grant award is $66,000. CRA staff has received a completed grant application from Monarch Pet Memorial Services, Inc., located at 805 N. Federal Highway, Boynton Beach, FL 33435 (see Attachment I & 11). Monarch Pet Memorial Services will offer dignified pet cremation, funeral home, and pet memorial services to families in south Florida. The first of its kind in the area, Monarch will provide Aquamation, an environmentally friendly alternative to flame cremation, to create ashes. Not only will Monarch bring jobs to the Boynton area, but also provide a service that many families and veterinarians will utilize. The valuation of the project as stated on the building permit is $84,799 (see Attachment I I I & IV). Because the valuation of the project is less than $250,000, the applicant is eligible for 2.3% reimbursement of the permit fees which comes to $1,950.38. Grant funding is not disbursed until the project is completed and the Certificate of Occupancy or Notice of Completion has been issued by the City of Boynton Beach and submitted to the CRA as part of their reimbursement request. FISCAL IMPACT: $1,951 — FY2017-2018 Project Fund, line item 02-58400-444 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Construction Permit Grant Program not to exceed $1,951 to Monarch Pet Memorial Services Inc. located at 805 N. Federal Highway, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Construction Permit Grant Application D Attachment II PAPA- Map D Attachment III - Permits D Attachment IV - Permit Fees t BOYNTON momBEACH RA October 1, 2017 — September 30, 2018 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL CONSTRUCTION PERMIT GRANT PROGRAM Program Rules and Regulations The Commercial Construction Permit Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA") District through the reimbursement of permit costs associated with the substantial renovation of an existing commercial property or new construction of a commercial project. The CRA reserves the right to approve or deny any Commercial Construction Permit Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the CRA District. The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Construction Permit Grant Program offers financial assistance in the form of a reimbursable grant to property owners/tenants with the cost of permit fee expenses up to 3.3% of the project's construction value. Commercial Construction Permit Grant Program awards grant funding amounts based on a percentage of the project's construction value as it appears on the Palm Beach Initials Page 1 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561)737-3256 Fax(561) 737-3258 www.catchboynton.com County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach at the time of permit approval. See the attached copy of the City of Boynton Beach Building Division Fee Schedule for more information on fees. • Projects valued between $1 and $249,999 are eligible for grant reimbursement up to 2.3% of the project's construction value. • Projects valued between $250,000 and $4,000,000 are eligible for grant reimbursement up to 3.3% of the project's construction value, with maximum grant funding of$66,000. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Must be located within the CRA District (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • If tenant, applicant must have an executed multi-year lease (two year minimum). • Applications for the Commercial Construction Permit Grant Program must be made within 90 days of final permit approval by the City of Boynton Beach. • The property owner or tenant must submit for reimbursement within 30 days of the issuance of the Certificate of Occupancy/Completion from the City of Boynton Beach. • Application and CRA Board approval of this grant is for funding only. Approval of CRA grant funding is NOT approval of any type of City processes including, but not limited to permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the CRA the rights and use of photos and project application materials. Initials kA�,, Page 2 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561)737-3256 Fax(561)737-3258 www.catchboynton.com Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Construction Permit Grant Program: • Firearm Sales • Convenience Store • Religious Affiliated Retail Stores • Churches • Non Profits • Fitness Centers over 4,500 sq.ft. • Check Cashing Stores • Take-Out Foods • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Kava Tea Bars • Pawn Shops • Alcohol and/or Drug Rehabilitation • Tattoo Shops/Body Piercing/Body Centers/Housing Art Shops • Medical Research Centers/Housing • Any other use that the CRA staff or • Massage/Personal Services CRA Board have determined not to support the redevelopment of the CRA District Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements • Insurance requirements; • Ability to terminate; and, • Consequences of default on the lease. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Initials Page 3 of 13 kL Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561) 737-3256 Fax (561)737-3258 www.catchboynton.com Application Process Applications can be obtained from the CRA office located at 710 North Federal Highway, Boynton Beach, FL 33435 or downloaded from www.catchboynton.com. All applicants are required to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. Applicants must submit an original, "hard copy" application with all materials to the CRA for review and approval by the CRA Board. Applicants will be considered on a first- come, first-served basis. Application packets must include the following documentation: 1. Copy of building permit receipt/application. If the permit has not been applied for prior to submissions of the grant application, a copy of the building permit receipt is due within 90 days of grant approval. 2. Copy of executed multi-year commercial lease agreement. 3. A minimum of four color digital "before" photos of the project. 4. Completed and signed application (attached). 5. Copy of elevations, site plan and floor plans as submitted to the City of Boynton Beach. 6. W9 Form (attached). Approval of Funding Request All required documentation must be submitted no later than noon on the first Tuesday of the month. CRA staff will review the application to verify that the project is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and approval. The CRA Board meets on the second Tuesday of each month. The schedule for CRA Board meetings can be obtained at www.catchboynton.com. Applicants will be notified of the date and time that their applications will be considered by the CRA Board. The CRA recommends that applicants attend the CRA Board meeting during which the Board will consider their applications in order to answer any questions the CRA Board Initia Page 4 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561)737-3256 Fax (561) 737-3258 www.catchboynton.com may have regarding their applications. CRA staff will notify the applicant of the CRA Board's approval or denial in writing. Site Visits CRA may conduct a site visit prior to transmitting the application to the CRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant agreement. Procedures for Reimbursement All reimbursement requests and supporting documents must be submitted to the CRA (3) days prior to the grant expiration date. The CRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed and a Certificate of Occupancy or Completion is obtained, the Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1. Copies of all permit fee receipts paid to the City of Boynton Beach. 2. Copy of Certificate of Occupancy or Completion from the City of Boynton Beach. 3. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 4. Copy of City of Boynton Beach and Palm Beach County business tax receipt. 5. A minimum of 4 color "after" photos of the project. By submitting for reimbursement, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Construction Permit Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. Initials Page 5 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561)737-3256 Fax(561)737-3258 www.catchboynton.com All reimbursement requests and supporting documents must be submitted to the CRA (3) days prior to the grant expiration date. The CRA may refuse to issue grant funding if the submission is not received by the specified time. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the CRA to any third party. The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the CRA to award grant funding. Initials Page 6 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561)737-3256 Fax(561)737-3258 www.catchboynton.com BOYNTON INNAMBEACH ,',�CRA APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable):ry,, Current Business Address: r Fed ID#. � ��ko � Business Phone Number: ° "4� ` Cell: Website: t' t L Existing Business: Yes No Number of years in existence: Time at Current Location: / New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No If so, monthly base rent: c , New Business Address: < d t Square footage of current location: Square footage of new location: L Type of Business: a -C C Number of Employees: 2 — Hours of Operation: Page 7 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435–Phone (561)737-3256 Fax(561) 737-3258 www.catchboynton.com s BOYNTON'' BEACH ,,,,CRA APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth: E ail: d 1 tv Residential Address: - 1 � Cell Phone Number: 2. Principal/Owner Name: Date of Birth: ail: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 8 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561)737 -3256 Fax(561)737-3258 www.catchboynton.com { „BOYNTON'T" , 08MBEACH ,'' C RA APPLICANT INFORMATION Are you applying for grant assistant under any other program offered by the CRA? (Tier One Businesses Only): Yes No If yes, what additional programs are you applying for: Are you receiving grant assistance under any other governmental agencies: Yes_No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: fuck Landlord's Mailing Address: R3cp �JaJh Vd Landlord's Phone Number: !2JQ Page 9 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561)737-3256 Fax(561)737-3258 www.catchboynton.com B YNTON :" ..... BEACWCRA APPLICANT INFORMATION CERTIFICATION AND WAIVER OF PRIVACY: 1, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Construction Permit Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Construction Permit Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan.. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. Initials '1 Page 10 of 13 la Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561)737 -3256 Fax(561) 737-3258 www.catchboynton.com f BOYNTONBEACK'CRA APPLICANT INFORMATION I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Initialsf Page 11 of 13 4 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561)737-3256 Fax(561) 737-3258 www.catchboynton.com 1 { BOYNTON ` SI( BEACH ,,,,,,C A APPLICANT INFORMATION APPLICANT SIGNATURES: 1. 1-f 11 Princi T/ w e 's Signator Dat Printe Name Title 2. Principa/O r' 8hnature ase q" DDar,- Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF r� (%(No COUNTY OF YoANary ( C': BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared �avA Gwtx( j�_t<- who is/are personally known to me or produced � 1 r=,t C, .t ( t r 0 as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the Sta -and County aforesaid on this �( day of REREINOTARY PUBLIC , te of F"ad,o-Carba;afMy Commission EX0 105867Pa e 12 Of 13 1 g Construction Permit cll ` 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561) 737-3256 Fax(561)737-3258 www.catchboynton.com BOYNTON ", B EACH ,,,,,,,C RA LANDLORD INFORMATION LANDLORD SIGNATURES: 1. �� _ It r Landlord's t e D e Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures-Multiple notary pages may be used if signing individually STATE OF ,� COUNTY OF C,,\ BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appearedwho is/are personally known to me or produced acs , k oc"4�n as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and fficial seal in the State and County aforesaid on this ( t` day of 20 EOW P64k Notary Public State of Florida NOTARY P ® Summer L Sampedro-Carbaja! a MpCommissionG0105867 My Commission Expires: �ydP Expires 08/17/2021 Page 13 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435-Phone (561)737-3256 Fax(561) 737-3258 www.catchboynton.com 4/12/2018 PAPA Maps DOROTHYJACKS ~t �y Search b Owner,Address or Parcel } d y _ ■ II 11 .I no } t 1 View Property Record Owners SEAQUATIC HOLDINGS LLC Y � f � Property detail Location 805 N FEDERAL HWY Municipality BOYNTON BEACH - it Parcel No. 08434521 320010170 Subdivision LAKE ADD TO BOYNTONPv Book 29442 Page 969 Sale Date OCT-2017 py 830 NORTH RD s+ Mailing Address BOYNTON BEACH FL 33435 3238 Use Type 1 100-STORES 'r _ -- •. _ rS)tYi ,i�4} �� `}� Ii4 ,'.. Total Square Feet 1 796 5 s •'VWE 7th-.4WD .. -, - ! `` I i A} t{( 11� I� • Sales Information Sales Date Price OCT-2017 360000 NOV-2004 265000 MAR-1998 80000 JUL-1 986 100 §t1i,` ;11f r i�1jis t MAR-1 985 100 Appraisals Tax Year 2017 V Improvement Value $127,701 Land Value $125,618 Total Market Value $253,319 All values are as ofJanuary 1st each year t Assessed/Taxable values Tax Year 2017 Assessed Value $236,514 t Exemption Amount $0 - Ott Taxable Value $236 514 tu„stl;res;,;sssssssssssssssssssssssssssss,t ,�a�v I� } 't t y Taxes Tax Year 2017 !) Ad Valorem $5,164 J!,t - - Non Ad Valorem $848 Total tax $6,012 http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434521320010170 1/1 CITY OF BOYNTON BEACH BUILDING DIVISION Build"Ing Permit WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOU PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. "NOTICE: IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF PERMIT NO.: 17-00004762 THIS COUNTY SUCH AS THE REQUIREMENT FOR HOME OR PROPERTY OWNERS ASSOCIATION APPROVAL,AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER ISSUED DATE: 4/23/18 GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS,STATE AGENCIES OR FEDERAL AGENCIES." It is the responsibility of permit holder of each phase of work to procure inspections as required and to verify approvals prior to proceeding to next phase.No inspections will be performed unless permit card is displayed and,approved playas are readily available. A Permit is considered NULL and VOID if an approved inspection is not received within six(6)months from the issuance of this permit or after the last approved inspection.105.4 BBAAFBC PERMIT TYPE: INTERIOR SHELL BUILD OUT,COMMTIONAL DESCRIPTION: INTERIOR BUILD OUT MOVE BATHROOM WALL PROJECT ADDRESS: 805 N FEDERAL HWY PCN: 08-43-45-21-32-001-0170 CONTRACTOR: METZGER FAMILY INDUSTRIES INC OWNER: SEAQUATIC HOLDINGS LLC List of Required Inspections: INIT. ons sN[r. Dare BUILDING PERMIT INTERIOR BUILD OUT (Structure-000-400 I j Permit-00 f t Pin-2128924 1030 SLAB FORM 1 1300 FRAMING-EXT 1700 FRAMING-INT . 1740 INSULATION 1780 CEILING GRID 1999 BUILD FINAL I INSPECTION REQUEST BY 3:00 PM FOR NEXT BUSINESS DAY Page 1 of 1 CITY OF BOYNTON BEACH BUILDING DIVISION Building, Permit WARNING TO OWNER: ANY PAYMENTS_, MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT 2 ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOU PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. "NOTICE: IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF PERMIT NO.: 17-00004762 THIS COUNTY SUCH AS THE REQUIREMENT FOR HOME OR PROPERTY OWNERS ASSOCIATION APPROVAL,AND THERE MAY BE AdDITIONAL PERMITS REQUIRED FROM OTHER ISSUED DATE: 4/23/18 GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS,STATE AGENCIES OR FEDERAL AGENCIES." It is the responsibility of permit holder of each phase of work to procure inspections as required and to verify approvals prior to proceeding to next phase.No inspections will be performed unless permit card is displayed and approved plans are readily available. A Permit is considered NULL and VOID if an approved inspection is not received within six(6)months from the issuance of this permit or after the last approved inspection.105.4 BBAAFBC PERMIT TYPE: INTERIOR SHELL BUILD OUT,COMh�O-N-A DESCRIPTION: INTERIOR BUILD OUT MOVE BATHROOM WALL PROJECT ADDRESS:805 N FEDERAL HWY PCN: 08-43-45-21-32-001-0170 CONTRACTOR:METZGER FAMILY INDUSTRIES INC OWNER: SEAQUATIC HOLDINGS LLC List of Required Inspections: INIT. DATE IMT. DATE ELECTRICAL PERMIT CHANGE ELEC PANEL TO 400 AMPS E Structure-000-000 F Permit-00 Pin-2128932 3100 ELEC FOOTER BOND 3200 ELEC UNDERGROUND ROUGH 3300 ELEC SLAB 3400 ELEC ROUGH JMM PA 4/16/18 3700 TEMPORARY POLE L / 3800 ELEC SERVICE CHANGE imm AF 3900 EARLY POWER 3999 ELEC FINAL INSPECTION REQUEST BY 3:00 PM FOR NEXT BUSINESS DAY ---Pagel of 1 CITY OF BOYNTON BEACH BUILDING DIVISION Building Permit WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOU PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. "NOTICE: IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF PERMIT NO.: 17-00004762 THIS COUNTY SUCH AS THE REQUIREMENT FOR HOME OR PROPERTY OWNERS ASSOCIATION APPROVAL,AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER ISSUED DATE: 4/23/18 GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS,STATE AGENCIES OR FEDERAL AGENCIES." It is the responsibility of permit holder of each phase of work to procure inspections as required and to verify approvals prior to proceeding to next phase.No inspections will be performed unless permit card is displayed and approved plans are readily available. A Permit is considered NULL and VOID if an approved inspection is not received within six(6)months from the issuance of this permit or after the last approved inspection.105.4 BBAAFBC PERMIT TYPE: INTERIOR SHELL BUILD OUT,COMMIASWIONAL DESCRIPTION: INTERIOR BUILD OUT MOVE BATHROOM WALL PROJECT ADDRESS: 805 N FEDERAL HWY PCN: 08-43-45-21-32-001-0170 CONTRACTOR:METZGER FAMILY INDUSTRIES INC OWNER: SEAQUATIC HOLDINGS LLC List of Required inspections_ INIT. D4TE. INIT. DATE MECHANICAL PERMIT DUCK WORK AND NEW AC Structure-000-000 Permit-00 Pin-2128940 6200 MECH ROUGH 6999 MECH FINAL f I 1NSPFrT10N RF[JUFST RY 3:00 PM FOR NEXT BUSINESS DAY Paae 1 of 1 CITY OF BOYNTON BEACH BUILDINGDIVISION Building Permit WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOU PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. "NOTICE: IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF PERMIT NO.: 17-00004762 THIS COUNTY SUCH AS THE REQUIREMENT FOR HOME OR PROPERTY OWNERS ASSOCIATION APPROVAL,AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER ISSUED DATE: 4/23/18 GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS,STATE AGENCIES OR FEDERAL AGENCIES." It is the responsibility of permit holder of each phase of work to procure inspections as required and to verify approvals prior to proceeding to next phase.No inspections will be performed unless permit card is displayed and approved plans are readily available. A Permit is considered NULL and VOID if an approved inspection is not received within six(6)months from the issuance of this permit or after the last approved inspection.105.4 BBAAFBC PERMIT TYPE: INTERIOR SHELL BUILD OUT COMM7ONAL DESCRIPTION: INTERIOR BUILD OUT MOVE BATHROOM WALL PROJECT ADDRESS: 605 N FEDERAL HWY PCN: 08-43-45-21-32-001-0170 CONTRACTOR:METZGER FAMILY INDUSTRIES INC OWNER: SEAQUATIC HOLDINGS LLC List of Required Inspections_ INIT. DATE Mr. DATE PLUMBING PERMIT 1 2 DRAINAGE PIPE TANKLESS WATE 4 Structure-000-000 Permit-00 Pin-2128957 4100 PLUMB ROUGH/UNDERGROUND PL 4200 SEWER 4500 PRESSURE TEST �• r 4999 PLUMB FINAL INSPECTION REQUEST BY 3:00 PM FOR NEXT BUSINESS DAY _Page 1 of 1 Ili { III ►N_ III ► ' r U 0 i 0} H In 'C_"Y I C 'C�5 W I W u'9 jC a �1 +0-- 40 C) o i0 H u 0 m t 5 J W co OD H U. W r 00 ::D W 2 F- CSI f I CLUB n o 0 + r1r{ l C� -- N Q N S r U Co + W CL W 117 Ca .y. Cid 0 c� °o 'cam Io: 0 i'D : ICD 10 H H H rl M: 111 ® im JJ W 0- m - Ll c a.+1 0 r as — LL o o o o - m -I •rl no • i •-1 m I ILU ZD < € � s u u u u ID 0 0 im cn i � s I 1 t I c { ]ILI E AL LO W I 1 LO Z3 04 1w, i r.0 #u ;fid H0 V-1 J ;r-4' ° ;H H W 0 U7 # �4 U7 LLLLfV 'Cx� . J {V f9'_ 0 H K4 'tCmY ' J m H u) H rl N H r " LL L CD �* I� 7r I R4 fap a: 0 ,Hy H M ,�I � E � '� ] ria 11 1A C] - z I� I.p m Lo cc R4 04 04 a4 W4 -0 u c Z � tri CL c CL J 0 Q -I C] >c+ J H u CL • pp Cl 0 y C0 CCI g 41? c 0 CD {.} {IM C31 kF E Ql L C i73 0 en a� c�a ca j is co LijV 7 m z a a LL' L UJ 67 ,P LL I t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CONSENT AGENDA AGENDAITEM: 10.J. SUBJECT: Approval of Commercial Facade Improvement Grant Program in the amount of $900 for Front Street Development, LLC d/b/a Marina Cafe located at 100 NE 6th Street in Marina Village SUMMARY: The CRA's Commercial Facade Improvement Grant Program provides financial assistance to a commercial property owner or commercial tenant to incentivize the exterior improvement of existing commercial properties within the CRA District. CRA staff has received a complete grant application from Front Street Development, LLC d/b/a Marina Cafe, which is located in Marina Village at 100 NE 6th Street, Unit 108, Boynton Beach, FL 33435 (see Attachment I - 111). Marina Cafe is the neighborhood gathering place to grab a cup of coffee and sandwich all while enjoying the views and vibes of the Boynton Harbor Marina. The cafe will also provide WiFi, outdoor seating and feature the highest quality coffee, tea, pastry breads, and deli meats from all over the world. The Commercial Facade Improvement Grant Program provides a 50% matching reimbursement of the applicant's expenditures for the eligible improvements up to a maximum grant total of $25,000. If approved, the applicant is entitled to grant maximum of $900 in reimbursable funds for the cost associated with new commercial signage per the attached invoice for$1,787.25 (see Attachment IV). CRA grant funds are released as reimbursement once the proper documentation is submitted to staff for review and approval. FISCAL IMPACT: $900 — FY 2017 -2018 Project Fund, line item 02-58400-444 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Facade Improvement Grant not to exceed $900 to Front Street Development, LLC d/b/a Marina Cafe located at 100 NE 6th Street, Unit 108, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Facade Improvement Grant Application D Attachment II - Location Map D Attachment III - Lease D Attachment IV -Signage Quote BOYNTO ,C RA BEACH , October 1,,2017 — September 30, 2018 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL FAQADE IMPROVEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Fagade Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA") District. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs that result in more visually appealing commercial properties or other improvements in accordance with the CRA Community Redevelopment Plan. The CRA reserves the right to approve or deny any Commercial Fagade Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the CRA District. The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Fagade Improvement Grant Program offers financial assistance in the form of a reimbursable, matching (50%) grant up to $25,000 to the landlord or business owner for eligible expenses associated with improving the external appearance of their business and to encourage businesses to invest in their operations. Initials: c1 Page 1 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at hftp://www.boynton-beach.org/go- green/pace_program.php or by contacting the City at (561) 742-6067 Attached is the ReNew PACE Eligible Product List. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Must be located within the CRA District (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • If tenant, applicant must have an executed multi-year lease (two year minimum). • Fagade improvements must be consistent with the CRA's Urban Design Guidelines (Note: CRA Design Guidelines are available on the CRA website. All proposed exterior improvements using CRA funds must be approved by the CRA Board. The CRA Board may make recommendations for exterior improvements based upon the CRA Urban Design Guidelines). • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed in the Boynton Beach/Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a fagade grant application. • Grant funding amounts will be based on the applicant's project budget specified at the time of the CRA approval. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Fagade Improvement Grant Program may only be used one time in any five year period for any one property. Properties may reapply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks Initial Page 2 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737-3256 Fax: (561)737-3258 www.catchboynton.com reimbursement. To ensure that the property does not have any outstanding code liens, violations or monies owed for utilities the CRA will perform a lien search on the property at a cost of$115.00 which will be deducted from the grant funding to the recipient. In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • The property owner or tenant must complete the fagade improvement project and submit for reimbursement within 120 days of the issuance date of the permit for the project. If CRA Board approves grant funding and the work being performed does not require a permit, the application for reimbursement must be within 120 days of the grant award. Failure to complete the improvements within the specified time frame will result in the property owner or tenant losing the grant reimbursement opportunity. Only one 60 day administrative extension will be permitted. • Project items completed and paid for more than 60 days prior to grant approval by the CRA Board are not eligible for reimbursement under the grant program. • Items completed and paid for by the applicant prior to CRA Board approval may be excluded and/or denied at the CRA Board's sole discretion if the CRA Board determines the improvements are not consistent with the CRA's Design Guidelines. • Application and CRA Board approval of this grant is for funding only. Approval of CRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the CRA the rights and use of photos and project application materials. Projects and items eligible for funding under the program are limited to: • Decorative exterior fagade • Patio decks connected to the improvements building • Landscaping around the building • Irrigation • ADA improvements • Exterior wall repairs (stucco, • Signage brick/wood repairs and • Exterior doors/windows replacement) • Exterior Lighting Initials Page 3 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com • Parking lot re-paving, re-sealing, re- • Demolition of structure and re- striping sodding of vacant property • Fencing (excluding: chain link, • Solar electricity and water heating — barbed wire, and wood panels) See Attached ReNew PACE Eligible Product List • Electric vehicle charging station — See Attached ReNew PACE Eligible Product List Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and, • Consequences of default on the lease. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Application Process Applications can be obtained from the CRA office located at 710 North Federal Highway, Boynton Beach, FL 33435 or downloaded from www.catchboynton.com. All applicants are required to meet with CRA staff in order to determine eligibility before submitted an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. Initials.. Page 4 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com Applicants must submit an original, "hard copy" application with all materials to the CRA for review and approval by the CRA Board. Applicants will be considered on a first- come, first-serve basis. Application packets must include the following documentation: 1. Written detailed project budget describing the improvements to be done to the property. It must list all project costs the applicant is requesting for reimbursement. The project budget must provide a total cost of the project. 2. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. 3. Copy of building permit receipt/application. If the permit has not been applied for prior to submissions of the grant application, a copy of the building permit receipt is due within 90 days of grant approval. 4. Copy of Warranty Deed. 5. Copy of executed multi-year commercial lease agreement. 6. Copy of design and construction plans associated with the proposed improvements. 7. A minimum of four color digital "before" photos of the project. 8. Signage design. 9. Project color chips, material samples and material specifications, if applicable. 10.Completed and signed application (attached). 11.W9 Form (attached). 12.City Planning and Development Department Acknowledgement Form (attached). 13.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 12 and 13) must be completed and submitted to the appropriate departments located at City Hall 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All required documentation must be submitted no later than noon on the first Tuesday of the month. CRA staff will review the application to verify that the project is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and approval. The CRA Board meets on the second Tuesday of each month. The schedule for CRA Board meetings can be obtained at www.catchboynton.com. Applicants will be notified of the date and time that their applications will be considered by the CRA Board. Initials/` Page 5 of 14 nx- Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com The CRA recommends that applicants attend the CRA Board meeting during which the Board will consider their applications in order to answer any questions the CRA Board may have regarding their applications. CRA staff will notify the applicant of the CRA Board's approval or denial in writing. Site Visits CRA may conduct a site visit prior to transmitting the application to the CRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant agreement. Procedures for Reimbursement This program is designed as a matching 50% grant. All work must be completed and paid for by the applicant prior to the release of CRA funds. The CRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the CRA (3) days prior to the grant expiration date. The CRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full". Proposals for"work to be completed" or "bids" are not considered proper documentation. a. Each item will be supported by a canceled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. 2. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. Initials Page 6 of 14 j�— Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com 3. Proof that the work has been approved by the City of Boynton Beach Building Department, i.e. Copy of Certificate of Occupancy/Completion 4. CRA has received copies of final inspection approvals for all work that requires a permit. 5. Entire scope of work for eligible items is completed. 6. A minimum of 4 color"after" photos of the project. By submitting for reimbursement, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees, and permits. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Fapade Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the CRA to any third party. The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the CRA to award grant funding. Initials Page 7 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561) 737-3258 www.catchboynton.com r, BOYNTON CR1111 ""' BEACH WOMEN, APPLICANT INFORMATION BUSINESS INFORMATION: Business Name d/b/a if applicable): J r l'i' p ✓ -t a "tet t P !-f.. Current Business Address: Fed I D#: Business Phone Number: C% - } - f 7 Cell: Website: ti Existing Business: Yes No Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No If so, monthly base rent. New Business Address: Square footage of current location: � Square footage of new location: /7 Type of Business: C 0 Number of Employees: j - Hours of Operation: 7A M / Page 8 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561)737-3256 Fax: (561) 737-3258 www.catch boynton.com BOY NTO -f` BEACK, R, APPLICANT INFORMATION PRINCIPAU WNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Ire Date of Birth: Email: Residential Address: ' 11 a,, Cell Phone Number: 2. Principal/Owner Name: Date of Birth: Residential Address: Email: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Residential Address: Email: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Residential Address: Email: Cell Phone Number: Are you applying for grant assistant under any other program offered by the CRA? (Tier One Businesses Only): Yes No If yes, what additional programs are you applying g Page 9 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561)737-3256 Fax: (561) 737-3258 www.catchboynton.com ,p BOYNTON`"�',� ` BEACK"', APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: Landlord's Mailing Address: Landlord's Phone Number: Page 10 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON' '� i i ��t� �§..l j� 1 ti�� BEACK"', APPLICANT INFORMATION CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Fagade Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Fagade Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the CRA may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. Initia Page 11 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com ,. BOYNTON"l - ' Fai{ tiFFf 4F,.i f ;� CR BEACH APPLICANT INFORMATION I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Initialsr . Page 12 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561) 737-3258 www.catchboynton.com 1 i -� N BEACK,"""", � t APPLICANT INFORMATION APPLICANT.SIGNATURES: 1. 1. Prin al/Owner'snatures Date 41 � r`i' Com'(pl ej` Printed Name J Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF `,�., COUNTY OF > BEFORE ME, an officer duly authorized y law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING have set my hand and official seal i the State and County aforesaid on this L, day Z)(- 20 .. pA �� ,� � NOTARY PUBLIC G Star`of ss;na# tar IP8 My Commission Expires: Commis;, Y Puk7lic - 'so 0/0 rMY Comm. Ex�;ira "084R � � Page13of14 Ame„,a BAnctec T inug't"26.2027 ssocia; on Ot y,'' +a� mmercial Facade 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561)737-3256 Fax: (561) 737-3258 www.catchboynton.com �BOYNTON''i"BEACHA, LANDLORD INFORMATION LANDLORD SIGNATURES: 10'C-e'+7U �V(G-rr SW4 La dlord's Signat Date I c, M Printed Name Title 2. f La r 's Signature to mss. Rr me ame Title Notary as to Principal/Owner's Signatures-Multiple notary pages may be used if signing individually STATE OF ---. COUNTY OF BEFORE ME, an officer duly authorized by law, to administer oaths and take acknowledgements, personally appeared >, who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreergent for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County y aforesaid on this 4 day of 20 . p DAVID DEPHILLIPS NO PUBLIC State of Florida- Notary Public My Commission Expires: e• Commission#GG 170848 ,y Q: My Comm. Expires 12-26-2021 Bonder;Through American Association Of Notaries Page 14 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435-Phone (561)737-3256 Fax(561)737-3258 www.catchboynton.com ' �1e } 4n� 1 i yl � x ) , 1E- i r, a . tn`y f sy rn : ! „ s c I 4` 1 1zl � F COMMERCIAL LEASE AGREEMENT FOR FLORIDA This COMMERCIAL LEASE AGREEMENT FOR FLORIDA (hereinafter the "Agreement") is entered into on February 01, 2018 by and between OCEAN MGT. SERVICES LLC (hereinafter "Landlord") and FRONT STREET DEVELOPMENT LLC (hereinafter "Tenant:") (Landlord and Tenant each a "Party" to this Agreement and collectively the "Parties"). WITNESSETH: WHEREAS, Landlord manages and owns the real property being leased under this Agreement, which is situated at 100 NE.6TH STREET UNIT 108, BOYNTON BEACH, Florida 33435 (hereinafter the "Premises"). Landlord's business address is 100 NE. 6TH STREET UNIT 107, BOYNTON BEACH, Florida 33435; WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein; WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein; and NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto hereby agree as follows: 1. DEFINITIONS . An "Alteration" means any change or improvement to the physical structure or materials comprising the Premises besides mere decorative changes that can quickly and easily be restored to their original states. b. "Common Areas" means those areas on the Property that are not leased to individual. tenants and are available for use by all tenants and other occupants of the Property and Landlord maintains control and responsibility over.. c. A "Fixture" means a moveable item of personal property (a chattel), including trade futures, that becomes part of the Property by reason of being attached thereto and cannot easily be removed without damaging or requiring repair of the Property. d. "Furnishings" means all Fixtures, appliances, furniture, and other personal property upon the Premises during the term of this Agreement and provided or owned by Landlord, as itemized on Schedule A — Furnishings, attached hereto and incorporated herein by reference, or otherwise agreed upon by the Parties in writing. e. "Normal wear and tear" means deterioration that occurs when the Premises or any of its Furnishings is used as intended, without negligence, carelessness, accident, or abuse by Tenant or Tenant's agents, guests, licensees, invitees, subtenants, assignees, or successors. f The "Property" means the entire portion of the individual piece of real estate owned by OCEAN MGMT. SERVICES LLC where the Premises (the leased unit) is located, including, without limitation, the land containing the Premises itself, all Common Areas, buildings, and any other leased units located thereon. 2. TERM. This Agreement is for the leasing of the above-described Premises for a fixed term beginning at 12:0{O noon on February 01, 2018 and ending at 11:59 PM on January 31, 2021. 3. RENT. Tenant agrees to pay Landlord rent in the amount of$2,000.00 due on or before the IST OF EACH MONTH day of each month. The first rental payment will be due on June 01, 2018. The total rent due for the entire term of this Agreement is $63,000.00. All rental payments will be made as set forth below on or before the due date and without notice, demand, setoff, or abatement. Please be advised that any payments lost in the mail or otherwise late by no fault of Landlord will be treated as if unpaid until received. Landlord will receive any payments due under this Agreement at the following location(s): TO: OCEAN MGMT. SERVICES LLC ADDRESS: 100 NE. 6TTA STREET UNIT 107 BOYNTON BEACH, Florida 33435 4. PAYMENT METHODS ACCEPTED a. Landlord accepts payment of any amounts that may become due under this Agreement by the following methods of payment: i. Check ii. Direct deposit d. "Furnishings" means all Fixtures, appliances, furniture, and other personal property upon the Premises during the term of this Agreement and provided or owned by Landlord, as itemized on Schedule A — Furnishings, attached hereto and incorporated herein by reference, or otherwise agreed upon by the Parties in writing. e. "Normal wear and tear" means deterioration that occurs when the Premises or any of its Furnishings is used as intended, without negligence, carelessness, accident, or abuse by Tenant or Tenant's agents, guests, licensees, invitees, subtenants, assignees, or successors. L The "Property" means the entire portion of the individual piece of real estate owned by OCEAN MGMT. SERVICES LLC where the Premises (the leased unit) is located, including, without limitation, the land containing the Premises itself, all Common Areas, buildings, and any other leased units located thereon. 2. TERM. This Agreement is for the leasing of the above-described Premises for a fixed term beginning at 12:00 noon on February 01, 2018 and ending at 11:59 PM on January 31,2021. 3. REIT. Tenant agrees to pay Landlord rent in the amount of$2,000.00 due on or before the 1 ST OF EACH MONTH day of each month. The first rental payment will be due on June 01, 2018. The total rent due for the entire terra of this Agreement is $6,3000. All rental payments will be made as set forth below on or before the due date and without notice, demand, setoff; or abatement. Please be advised that any payments lost in the mail or otherwise late by no fault of Landlord will be treated as if unpaid until received. Landlord will receive any payments due under this Agreement at the following locations): TO: OCEAN MGMT. 'SERVICES LLC ADDRESS: 100 NE. 6TH STREET UNIT 107 BOYNTON BEACH,Florida 334315 . PAYMENT METHODS ACCEPTED a. Landlord accepts payment of any amounts that may become due under this Agreement by the following methods of payment: i. Check ii. Direct deposit b. Landlord reserves the right to change the payment methods accepted at any time by giving notice to Tenant. 5. SIGNING INCENTIVES. The following signing incentives are granted for this unit: THE LANDLORD HAS AGREED AS AN INCENTIVE TO ALLOW TENENT THE MONTHS OF FEB.- MARCH APRIL- MAY- AND TILL THE 15TH OF JUNE A TOTAL OF 4 AND HALF MONTHS. SO THE TENENT ON JUNE IST 2018 WILL PAY 1,000.00 DOLLARS AS AGREEDFOR HALF OF HALF OF THE MONTH AS AGREED. THEREAFTER. ON JULY I ST THE REGULAR RENTAL OF 2,000.00 WILL COME DUE PLUS THE SALES FLORIDA RENTAL TAX. . LATE FEE. In the event that any rental payment required to be paid by Tenant under this Agreement is not made within seven (7) days of when due, in addition to the rental payment due, Tenant will pay Landlord a nonrefundable late fee of $100.00 for each late payment Landlord receives. 7. DISHONORED PAYMENTS, NON-SUFFICIENT FUNDS, Tenant will be liable for a nonrefundable sum of$100.00 for each payment Landlord receives that is dishonored by a banking institution (also known as "bouncing" a payment). If Tenant tenders a check or otherwise makes a payment that is dishonored by a banking institution, then, at Landlord's option, Landlord may require Tenant to make all future payments by a payment method of Landlord's choosing, such as by cash or cashier's check, until such time as Tenant obtains written consent from Landlord to use checks or other payment methods again. 8. KEYS. Tenant will be given the following keys to the Premises: 2 MAILBOX- I. GARBAGE ROOM -2 FRONT DOOR If Tenant loses keys or is locked out and re-keying the locks becomes necessary, Tenant is responsible for covering the costs of replacement keys or re-keying the locks unless Landlord agrees otherwise. 9. KEEPING ANIMALS. The rules for keeping animals on the Premises are as follows: NONE ALLOWED Should any portion of the pet deposit be nonrefundable, it will be used upon the termination or expiration of this Agreement for the purposes of cleaning or repairing the unit and Common Areas of the Premises. The rules in this paragraph may be changed at a later time by written agreement between the Landlord and Tenant. 0. PARKING. TWO PRIVATE SPACES THERE IS ALSO PARKING IN PUBLIC GARAGE Unless Tenant receives Landlord's prior written consent, Tenant may not park a vehicle on the Property. If Tenant receives Landlord's prior written consent to park on the Property, Tenant may only park a vehicle that is registered in Tenant's name; Tenant may not assign, sub-let, or allow any other person to use a parking space for more than one day; all vehicles kept on the Property must be operational and have proper registration, tags, decals, and licenses as required by local and state laws; Tenant may not park a vehicle on the Property that is leaking any substance; and Tenant may not wash, repair, or paint a vehicle on the Property. Any vehicle not meeting these requirements, or any unauthorized vehicles, will be removed at Tenant's expense after being given 72 hours' notice. 11. SMOKING POLICY. Tenant may not conduct or permit any smoking inside the Premises but may smoke in Common Areas. 12. SECUR]ITY DEPOSIT. Upon the due execution of this Agreement, Tenant will deposit with Landlord the sum of $2,000.00 (the "security deposit"), receipt of which is hereby acknowledged by Landlord, as security for any damage caused to the Premises or Furnishings during the term hereof as well as the faithful performance of the terms of this Agreement. After Tenant has vacated the Premises, Landlord may use the security deposit for any damage other than normal wear and tear to the Premises, Furnishings, the building and its furnishings, the Common Areas, any rent or other amounts owed pursuant to this Agreement, and Tenant's breach of any provision of this Agreement. In the event of damage other than normal wear and tear to the Premises, the Furnishings, the Common Areas, or the buildings and its furnishings, of which the Premises are a part of, Landlord will not be limited to these security deposit funds and Tenant will remain liable to the full extent of the damages. In this Agreement, "normal wear and tear" means deterioration that occurs when the Premises or any of its Furnishings is used as intended, without negligence, carelessness, accident, or abuse by Tenant or Tenant's agents, guests, licensees, invitees, subtenants, assignees, or successors. If a Move-In/Move-Out Inspection Checklist (the "Checklist") (see Schedule Q is incorporated into this Agreement by agreement of the Parties, such checklist may be used to determine whether any damage or deterioration of the Premises or Furnishings exceeds non-nal wear and tear and therefore requires a deduction from the security deposit or further compensation. Both Landlord and Tenant will retain copies of any such checklist if executed. The security deposit must be returned to Tenant upon the termination of this Agreement without interest, except to the extent required by any applicable laws or ordinances, in which event interest will be computed and paid per the then-applicable terms of any such law or ordinance, less any setoff for the reasons included herein. Landlord will hold the security deposit and any possible interest that may accrue at the following location: LANDLORDS NON INTEREST BANK ACCOUNT WELLS FARGO IT IS AGREED THAT LANDLORD WILL PAY FOR ELECTRIC BILL FOR JAN 2018 THERAFTER STARTINF FEB 1ST WILL SIGN WITH FPL FOR SERVICE. Tenant may not use said security deposit for rent owed during the term of the Agreement or for any other sum due under the Agreement. Landlord will furnish Tenant an itemized statement indicating any amounts deducted from the security deposit and the exact reasons for such deductions, and return the balance of the deposit to Tenant (the statement and balance of the deposit collectively called the "Refund"). If Tenant fails to furnish a forwarding address to Landlord, then Landlord will send said Refund to the Premises or to Tenant's last known address. Landlord will send the Refund to Tenant after the tenancy has ended within the time limits set by state law. Without limitation on the foregoing, the return of Tenant's security deposit is subject to the following conditions: a. The full term of the Agreement has ended; b. All rent and any late charges or other fees have been paid in full; c. All utility bills are paid in full and written proof given to Landlord; d. All keys, Furnishings, and other items that Landlord provided are returned to Landlord or their original locations; e. All of Tenant's personal property has been removed; and L The entire Premises has been professionally cleaned or cleaned as though professionally cleaned, including carpets, bathrooms, countertops, kitchen and kitchen appliances, light fixtures, windows, and cabinets. Outdoor areas under Tenant's control must likewise be put in good order. if Tenant has not caused the Premises and Furnishings to be so cleaned prior to vacating the Premises or Landlord finds that Tenant's cleaning is poorly conducted, Landlord may use the security deposit to professionally clean the Premises and Furnishings. Tenant further agrees that if any carpeting in a room or hallway roust be replaced due to odors or stains, Tenant will be liable for replacement of all carpeting in such room or hallway or otherwise as is reasonably required to avoid a "patched" appearance of the replacement carpeting. 13. UTILITIES AND SERVICES PROVIDED; INTERRUPTIONS a. Tenant is responsible for arranging and paying for all utility services and other services required on the Premises with the exception of the following services to be paid for and managed by Landlord: i. AS PART OF CONDO ASSOCIATION MANTENCE FEES CABLE -WATER- INTERNET PHONE b. Within three business days after the beginning of the term, Tenant must arrange for such utilities or services and for billing directly to Tenant. The Party responsible for paying any particular utility or service will not be liable for failure to furnish the utility or service when the cause of such failure is beyond that Party's control. Should Landlord cause an interruption in water, sewer, gas, or electric, or an interference with the restoration of such utilities, for a period lasting beyond 48 hours, rent will be abated for each day the interruption or interference continues beyond such 48-hour period. . RECYCLING. Recycling disposal for sanctioned materials is available for collection at this property. 15. USE OF PREMISES. The Premises and. Furnishings must only be used and occupied by Tenant and Tenant's employees, agents, contractors, invitees, guests, servants, visitors, licensees, or subtenants. During the term of this Agreement, the Premises will be used solely for carrying on Tenant's BISTRO COFFEE SMACK REST. business and ancillary uses thereto in compliance with applicable laws, bylaws, and regulations relative to the Premises and to the business conducted thereon (the "Permitted Use"). Tenant must obtain Landlord's prior written consent to use the Premises or Furnishings for any use not considered a Permitted Use. Tenant will carry on business under its current name and will not change its name without the prior written consent of Landlord. If Tenant's business requires opening the Premises to the public, then the Premises must be fully furnished, stocked, staffed, and. organized as of the date of opening and remain so throughout the remainder of the term. Tenant must continually occupy and use the entire Premises in conducting its business in a reputable manner and on such days and during such hours as agreed upon with Landlord. Furthermore, Tenant must not allow others to occupy or use the Premises, Furnishings, or any part thereof for any purposes other than as herein limited, nor for any purpose deemed unlawful, disreputable, or extra hazardous, on account of fire or other casualty. Tenant must conduct all business in compliance with any and all laws, ordinances, rules, and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy, and preservation of the Premises and its Furnishings, and must promptly comply with all orders, regulations, requirements, and directives of the Board of Fire Underwriters or similar authority and of any insurance companies which have issued or are about to issue policies of insurance covering the said Premises and its contents, for the prevention of fire or other casualty, damage, or injury, at Tenant's own cost and expense. Tenant is responsible for contacting Landlord, local authorities, a licensed attorney, or the owners association, if any, regarding any laws and regulations that it may have questions regarding. lb. LEASING TO COMPETITORS. Upon the execution of this Agreement, Landlord promises and covenants that no other property owned by Landlord or Landlord's company within a -mile radius of the Premises is being or will be leased, rented, or sold to any other business selling substantially the same products or services as Tenant during the term of this Agreement. At Tenant's request, Landlord will take appropriate preventative action against any other tenants or subtenants who engage in substantially similar business. In addition to any other rights and remedies at law, Tenant will be entitled to a rent abatement covering any period in which Landlord fails to prevent such unauthorized competition. 7. CONDITION 4F PREMISES. Tenant stipulates, represents, and warrants that Tenant has examined the Premises and Furnishings, and that the Premises and Furnishings are at the time of this Agreement in good order, repair, and in a safe, clean, and tenantable condition. Tenant will give Landlord written notice, including photographic and/or video evidence, within five days after the beginning of the agreement of any portion of the Premises or Furnishings found to not be in such good condition. Landlord reserves the option of incorporating a Move-In/Move-Out Inspection Checklist (see Schedule C) within this timeframe to serve as evidence of the condition of the Premises at move-in and move-out. 18. ASSIGNMENT, SUB-LETTING, AND RELEASE. Tenant may not assign this Agreement or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. Tenant's assignment or sub-letting will not relieve Tenant of any right or obligation hereunder unless Landlord signs a written release to such effect. Consent by Landlord to one such assignment, sub-letting, or license will not be deemed to be consent to any subsequent assignment, sub-letting, or license. An assignment, sub-letting, or license without the prior written consent of Landlord or an assignment or sub-letting by operation of law will be absolutely null and void and will, at Landlord's option, terminate this Agreement. a. REPLACEMENT TENANTS. Landlord agrees to release Tenant from this Agreement if Tenant finds a suitable replacement tenant, acceptable to Landlord, who agrees to sign a new agreement for the remaining duration of the term on the same or similar terms. Landlord agrees to exercise good faith and reasonableness in accepting a replacement tenant. 19. FURNISHINGS; LANDLORD'S'S PROPERTY. Unless otherwise agreed by Landlord in a signed writing, all Furnishings and other property owned by Landlord or provided to Tenant by Landlord will remain Landlord's property at all times, whether or not such property is itemized on Schedule A and whether or not such property is existing upon the Property at the start of this Agreement. Tenant agrees not to damage or misuse any Furnishings or other property owned or provided by Landlord and to return all such property to Landlord at the termination of this Agreement. 20. FIXTURES ANIS ALTERATIONS. "tenant may not add or remove any Fixtures or Alterations on the Premises without the prior written consent of Landlord. Landlord will give consent in a timely manner so as to not disrupt Tenant's business operations and such consent may not be unreasonably withheld. Upon receiving written consent, Tenant may install Fixtures and Alterations for conducting its business operations on the Premises so long as such installation or use does not damage or interfere with the existing mechanical systems, electrical systems, or structural integrity of the Property. Landlord will own and keep any Fixture or Alteration located on the Premises in which Landlord pays 50% or more of the total costs associated with its purchase, installation, and maintenance. If Tenant is unclear as to the ownership of a fixture or Tenant's rights over a Fixture at the expiration of the Agreement, it is Tenant's responsibility to clarify such status in writing with Landlord. If Tenant adds or removes a Fixture or Alteration with Landlord's consent, Tenant is responsible for repairing any damage to the Premises that may occur as a result of such addition or removal. Upon removing any Fixture or Alteration, Tenant must return the Premises to as good of condition as it would have been if such Fixture or Alteration had never been installed. Landlord reserves the right to require that Tenant remove any Fixtures or Alteration installed by Tenant from the Premises upon the termination of this Agreement. Unless otherwise agreed in writing with Landlord, all of Tenant's Fixtures, Alterations, or personal property remaining on the Premises after the termination of this Agreement will become the property of Landlord at the termination of the Agreement—as such, Tenant will pay the cost of removal of any such property so remaining on the Premises. Examples of Fixtures include, without limitation, attached shelves, lighting, curtains, blinds, booths, bars, fences, sign posts, trees, and shrubs. Examples of Alterations include, without limitation, the following: a. Altering the surfaces of the Premises in any way, for example painting, wallpapering, carpeting, or changing the material of the flooring-, b. Performing any structural alterations, for example adding or removing walls, adding or removing windows or doors, changing the material of any facade or flooring, or adding or removing support beams; c. Adding, removing, or allowing the addition or removal of any signage for purposes of advertising or otherwise; d. Altering the amount of gas, water, or electricity normally used on the Premises as well as adding or removing electrical wiring or heating units; and e. Adding or removing any radio antenna or tower. 21. APPLIANCES. Appliances that are located on the Premises are there solely for the convenience of Tenant, and Landlord assumes no responsibility for their operation. While on the Premises, Tenant is free to use them; however,Tenant does so at Tenant's own risk. In the event that appliances fail to function not due to Tenant's own misuse, the Landlord is not liable for the maintenance, repair, or damages, with the exception of the following appliances, if provided by Landlord: refrigerator, microwave, dishwasher, washer/dryer, heating, and A/C units. 22. HAZARDOUS MATERIALS. Tenant may not keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 23. MAINTENANCE AND REPAIR; TENANT SP NSIBILITIES. Unless otherwise stated, Tenant will, at its sole expense, keep and maintain the Premises and Furnishings in good and sanitary condition and repair during this .Agreement and any renewal thereof, Tenant's responsibilities include, without limitation; the following items, and any departure therefrom requires Landlord's prior written consent: a. Obeying all rules and regulations pasted by Landlord regarding the use and care of the Premises, Furnishings, and Common Areas; b. Not obstructing the driveways, sidewalks, courts, entry ways, stairs, and/or halls, which may be used for the purposes of ingress and egress only; . Not have any of the fallowing prohibited items on the Premises or Property. illegal firearms or weapons, illegal drugs, hazardous or toxic chemicals or materials, or other items prohibited by law; . Keeping all windows, glass, window coverings, doors, locks, and hardware in good, clean order and repair; e. Not building any fires or using grills on the Premises except in areas designated for such purposes by Landlord, f. Not obstructing or covering the windows or doors; g. Not tampering or disabling any smoke detectors installed on the Premises, and contacting Landlord for instructions on how to proceed should any smoke detectors become disabled or need new batteries; h. Not leaving windows or doors in an open position during any inclement weather; i. Not hanging any laundry, clothing, sheets, etc. from any window, rail, porch, or balcony nor drying any of the same within any yard area or space; j. Not altering, rekeying, or installing any locks on the Premises, or painting or wallpapering the Premises; k. Not using or possessing any liquid-filled furniture, including, but not limited to, waterbeds and aquariums, on the Premises; 1. Not permitting waste matter of any kind to accumulate on the Premises or in the Common Areas; m. Not placing placards, signs, or other exhibits in windows or any other place where they can be viewed by other tenants or by the general public; n. Keeping all air conditioning filters on the Premises clean and free from dirt; o. Keeping all lavatories, sinks,toilets, and all other water and plumbing apparatus in good order and repair and using the same only for the purposes for which they were constructed. Tenant may not allow any sweepings, rubbish, sand, rags, ashes, or other such foreign substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse will be borne by Tenant; p. Maintaining order at all times and at all places on the Premises and Common Areas, and not making or permitting others to make any loud or improper noises, disturb other tenants, or otherwise create a nuisance by interfering with the quiet enjoyment of other tenants or those in the surrounding area; q. Notifying Landlord of any damage or of any situation that may significantly interfere significantly with the normal use of the Premises or to any Furnishings or other property supplied by Landlord; r. Keeping all radios,television sets, stereos, etc. turned down to a level of sound that does not annoy or interfere with other tenants or persons on adjacent properties; s. Not causing Common Areas to become disorderly or unkempt, t. Not causing harm to the Premises, negligently depicting the Premises' resources, or otherwise committing waste on the Premises; u. Depositing all trash, garbage, rubbish, or refuse in the locations provided therefore and not allowing any trash, garbage, rubbish, or refuse to be deposited or permitted to stand on the exterior of any building or within the Common Areas, v. Making all requests concerning security devices in writing; and w. Abiding by any and all rules and regulations affecting the Premises or the Common Areas appurtenant thereto that may be adopted or promulgated by Landlord or other entity having authority over the Property. 24. MAINTENANCE AND REPAIR; LANDLORD RESPONSIBILITIES. In addition to any responsibilities required by law, Landlord agrees to the following responsibilities: a. Maintain the Premises in a safe and fit condition, including, but not limited to, repairing any structural damages or weaknesses not due to Tenant's negligent or intentional acts; b. At Landlord's sole expense, make any repairs required in order for the Premises and its Furnishings to be in compliance with applicable building codes, unless the repairs were necessitated by the negligence or intentional acts of Tenant. if Tenant believes repairs are necessary, Tenant must contact Landlord and request such repairs; c. Maintain, repair, and replace, whenever necessary, the heating, plumbing, air conditioning, and electrical systems of the Common Areas; cls. Maintain the general upkeep of the Common Areas and exterior surfaces of the buildings, except as otherwise provided herein. Such upkeep of the Common Areas will include, without limitation, maintaining adequate lighting, keeping walkways clear of debris and graffiti,maintaining parking lines and signage, and landscaping; e. Make a good faith effort to address any of Tenant's concerns about the neatness or cleanliness of Common Areas and the noise level and behavior of any other tenants on the Property; and L NONE 5. TENANT'S RJGHT TO WITHHOLD RENT; OTHER ,MEDIES. Where a repair is the responsibility of Landlord, Tenant must notify Landlord with a written notice stating what item needs servicing or repair. Tenant must give Landlord a reasonable opportunity to service or repair said item. Tenant acknowledges that rent may not be withheld under any circumstance unless the failure to repair constitutes a substantial breach of this Agreement and a written notice has been served on Landlord at the appropriate location giving Landlord a reasonable time to make the repair. Reasonable notice will in no case be less than '30 days, but in emergency situations,Tenant must provide notice as soon as possible. 26. EXCESSIVE DAMAGE TO PREMISES. Excessive damage to the Premises or Furnishings by Tenant, invitees, agents, or guests is grounds for Landlord to evict Tenant. In the event that the Premises or Furnishings are destroyed or rendered wholly unfit for carrying on Tenant's business operations by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant or Tenant's invitees or guests, Landlord will commence repairs within 30 days of receiving notice of such damage, returning the Premises and Furnishings to the condition they were in prior to the damage occurring. All repairs will be completed within 180 days of commencement if feasible. If Landlord fails to complete repairs within 180 days, then Tenant may choose to terminate the Agreement. Rent will abate from the date of such destruction or damage until repairs are complete. The rental payments required herein will then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises or Furnishings, with Tenant paying up to such date and Landlord refunding payments collected beyond such date. Should a portion of the Premises thereby be rendered unfit for occupancy, Landlord will have the option of either repairing such injured or damaged portion or terminating this Agreement. In the event that Landlord exercises its right to repair such portion, the rental payments due will abate in the proportion that the injured parts bears to the whole Premises, and such part so injured will be restored by Landlord as speedily as practicable, after which the full rent will recommence and the Agreement continue according to its terms. 27. OBLIGATION TO NOTIFY. Upon receiving notice thereof, Tenant will immediately notify Landlord of any defects, accidents, events, circumstances, conditions, or hazards on the Premises or any systems thereof that have caused, are causing, or may Potentially cause injury or damage to the Promises or any person or property located therein or nearby. Tenant will notify Landlord by all instantaneous methods of communication available, including phone, email, mobile texting, fax, in person, or otherwise. 28. CONSTRUCTIVE EVICTION. When conditions beyond Tenant's control cause the Premises to become wholly unfit for carrying on Tenant's business operations due to damage by fire, water, nuisance, or other casualty, and Landlord is responsible for remedying those conditions but does not do so within a reasonable time after notification by Tenant, Tenant may vacate the Premises, terminate this Agreement, and withhold future rent. Tenant may also choose to pay a proportionate share of the rent according to the nature and extent of the damage sustained until the Premises has been rebuilt or made fit for the purpose of carrying on Tenant's business as conducted before the event causing the Premises to be unfit. Landlord will repay Tenant a prorated amount for any rent paid in advance covering the remainder of the period that Tenant is constructively evicted. 29. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the term, through no fault of Landlord or its agents, then Landlord or its agents will have no liability, but the rental payments herein provided will abate until possession is given. Landlord or its agents will have 30 days to give possession, and if possession is tendered within such time,. Tenant agrees to accept the demised Premises and pay the rent due starting from the date possession is tendered. In the event that possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder will terminate, .......... 30. INSURANCE. It is acknowledged that, unless otherwise noted, Landlord does not maintain insurance to cover Tenant's personal property damage or loss caused by fire, theft, rain, water overflow/leakage, acts of God, and/or any other causes. Landlord is not responsible for any loss or damage to property owned by Tenant or Tenant's guests or invitees unless resulting from Landlord's intentional or negligent acts. Tenant must maintain any and all insurance required by law during the term of the Agreement. a. Tenant must take out and maintain the following types of insurance: i. All-risks insurance, including fire, flood, and earthquake damage, up to the full replacement cost of the Premises H. Comprehensive public liability insurance 31. INSURANCE POLICIES. Tenant will provide Landlord with copies of all insurance policies required by this Agreement on the date of commencement of the term or when otherwise agreed in writing. Tenant will provide Landlord with 30 days' notice of any potential cancellation or material change that is to occur in an insurance policy required to be maintained by this Agreement. Tenant may not cause, allow, or omit to do anything on the Premises or in Common Areas that increases the rate of Landlord's insurance on the Premises or causes Landlord's insurance to become subject to cancellation without prior written consent of Landlord. Without waiving the foregoing statement, upon demand by Landlord, Tenant will pay the cost of an increase in such insurance occasioned by reason of Tenant's act, allowance, or omission. Tenant will also promptly cease and remedy all activity that caused an increase in such insurance. Landlord has the right to terminate this Agreement if Tenant's act, allowance, or omission causes a cancellation of Landlord's insurance or causes Landlord's policy to become subject to cancellation. 32. ENTRY OF PREMISES; NOTICE REQUIRED. Upon giving the appropriate notice to Tenant, as specified below, Landlord and Landlord's agents have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements on the Property; to show the Premises to prospective tenants, purchasers, or lenders; to make any repairs, additions, or Alterations as may be deemed appropriate by Landlord for the preservation or improvement of the Premises, Furnishings, or Property; or to otherwise comply with this Agreement. If Landlord so chooses to make any repairs or improvements to the Premises, Landlord may not be liable to Tenant for constructive eviction or any consequential damages directly or indirectly suffered by any person or property, including, without limitation, any disruption of services provided to Tenant or disruption of Tenant's business, unless Tenant suffers a substantial hardship as a result of Landlord's actions such that there is a significant and demonstrable hardship, economic or otherwise, that impairs the business' continuing viability. Landlord and its agents further have the right to exhibit the Premises and to display the usual "for sale," "for rent," or "vacancy" signs on the Premises at any time within 90 days before the expiration of this Agreement. Landlord and Landlord's agents have the right of entry for the purpose of removing placards, signs, Fixtures, Alterations, or additions that do not conform to this Agreement or to any restrictions, rules, or regulations affecting the Premises. Tenant agrees to make the Premises available to Landlord or Landlord's agents to inspect,to make repairs or improvements,to supply agreed services, to show the Premises to prospective buyers or tenants, to address an emergency, or as provided otherwise herein. At all times Tenant must provide Landlord with the keys, codes, or other items necessary for unlocking all locks and devices permitting entry. Tenant further agrees to seek permission from Landlord in writing if Tenant seeks to install any security alarm system or other security devices and, if granted, to provide instructions on how to disarm such alarm or security devices in case of emergency. a. NOTICE REQUIRED. In the event that Landlord reasonably believes that an emergency exists, such as a fire or serious damage or serious danger to the continued welfare of the Premises or Furnishings, or reasonably believes that the Premises has been abandoned, Landlord will not be required to provide Tenant with advanced notice before entering the property. In all other situations, Landlord will be required to provide notice in compliance with state law. 33. SU13ORDINATION OF AGREEMENT. This Agreement and Tenant's interest hereunder are and will be subordinate, junior, and inferior to any and all mortgages, liens, or encumbrances now or hereafter placed on the Premises or Furnishings by Landlord; all advances made under any such mortgages, liens, or encumbrances (including, but not limited to, future advances); the interest payable on such mortgages, liens, or encumbrances; and any and all renewals, extensions, or modifications of such mortgages, liens, or encumbrances. 34. LIENS AND ENCUMBRANCES. Tenant must obtain Landlord's written consent prior to causing any work to be done on the Property that could result in any lien or encumbrance on an ownership interest in the Property, and Tenant is responsible for paying the cost of all such work unless otherwise agreed in writing. Tenant covenants that it will not cause any liens or encurnbrance on the Premises or Property without Landlord's written consent, and will indemnify, defend, and hold Landlord harmless against any claim, loss, or other expense that may arise out of any such materials or services rendered. If any mechanical, construction, or other liens are created or filed against the Premises or Furnishings by reason of labor performed or materials furnished for Tenant in the erection, construction, completion, alteration, repair or addition to any building or improvement, Tenant will upon demand, at Tenant's own cost and expense, cause such lien or liens to be satisfied and discharged of record together with any lien claims that may have been filed. Failure to do so will entitle Landlord to resort to such remedies as are provided herein in the case of any default of this Agreement, in addition to such as are permitted by law. 35. TERMINATION; TENANT'S HOLD OVER. The tenancy will automatically terminate at the expiration of the term unless the Parties agree otherwise. If Tenant remains in possession of the Premises without Landlord's consent after the natural expiration of this Agreement, then Landlord may evict Tenant by providing the appropriate notice and taking the necessary steps according to state law. If Tenant remains in possession of the Premises with Landlord's consent after the natural expiration of this Agreement but without signing a new agreement for the Premises with Landlord, a month-to-month tenancy will be automatically created between Landlord and Tenant that will be subject to all of the terms and conditions hereof Landlord will give Tenant 30 days' notice if there will be any change in the rental payment amount or frequency in the event of a periodic tenancy. Tenant and Landlord may not terminate this Agreement without 30 days' written notice if this becomes a month-to-month tenancy. Failure of Tenant to provide appropriate written notice to terminate a month-to- month tenancy will result in Tenant's continuing obligation under this Agreement for up to 30 days. 36. SURRENDER OF PREMISES. Upon the termination or expiration of the Agreement, Tenant must surrender the Premises and Furnishings in the same state and condition as they were at the commencement of this Agreement, except that Tenant will not be responsible for damage due to normal wear and tear or damage by fire, the elements, casualty, or other cause not due to, the misuse or neglect by Tenant or Tenant's invitees, visitors, licensees, or subtenants. If Tenant changed the color of the walls or made other such cosmetic changes, then Tenant must return the appearance of the Premises and Furnishings to the same state and condition as they were at the commencement of this Agreement unless otherwise agreed in writing. If any of Tenant's property remains on the Premises after the last day of the term of this Agreement, such property will be considered abandoned unless Tenant received the prior written consent froze► Landlord to leave such property. Landlord may keep all abandoned property or remove such property at Tenant's expense. 37. TAXES. Tenant is not required to pay property taxes but must pay any applicable sales or use taxes that may be levied on the Premises from time to time by the competent government authority unless the Parties agree otherwise. Tenant will only pay such taxes based on the portion of the tax period in which Tenant occupied the Premises. Tenant has the right to contest such taxes assessed in the name of Landlord. 38. RENT AND OTHER ADJUSTMENTS TO THE AGREEMENT. If Landlord pays a local tax based on rent and that tax increases, Landlord may pass through the increase by increasing the rent upon 30 days' notice to Tenant, but not before the new tax becomes effective. Landlord reserves the right to adjust the amount of the rental payments or any terms under this Agreement upon providing 30 days' notice at the expiration of the rental term by serving Tenant with written notice by certified mail. Landlord may make a corresponding adjustment in the security deposit after a rent increase. 39. QUIET ENJOYMENT. If Tenant remains in compliance with the terms of this Agreement, Landlord covenants that Tenant will peacefully and quietly have, hold, and enjoy the Premises and Furnishings. Note: Landlord promises to notify Tenant in the event that Landlord has applied for a permit to demolish the rental unit or in the event there are outstanding inspection orders, condemnation orders, foreclosure proceedings, or declarations that the Property is unfit, 40. EMINENT DOMAIN. If the Premises, any part thereof, or any part of the Common Areas that substantially impact Tenant's use of the Premises is permanently taken or condemned for a public or quasi-public use or purpose by any competent authority, this Agreement will terminate as of the date title vests as a result of the taking. Landlord will repay Tenant a prorated amount for any rent paid in advance covering the remainder of the period in which the taking occurs. 41. INDEMNIFICATION. Landlord will not be liable, and Tenant hereby waives all claims against Landlord, for any damage to any property or any injury to any person in or about the Premises or Property by or from any cause whatsoever, except to the extent caused by or arising from the gross negligence or willful misconduct of Landlord or its agents, employees, or contractors. Tenant will defend, indemnify, and hold Landlord harmless from and against any and all losses, claims, liabilities, or costs (including court costs and attorney's fees) incurred by reason of(a) any damage to any property or any injury to any person occurring in, on, or about the Premises or Property to the extent that such injury or damage is caused by or arises from any actual or alleged act, neglect, fault, or omission by or of Tenant, its agents, servants, invitees, or visitors to meet any standards imposed by any duty with respect to the injury or damage; (b) the conduct or management of any work or thing whatsoever done by the Tenant in or about the Premises or Property or from transactions of Tenant concerning the Premises or Furnishings; (c) Tenant's failure to comply with any and all governmental laws, ordinances, and regulations applicable to the condition, occupancy, or use of the Premises, Property, or Furnishings; or (d) any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to this Agreement. The provisions of this paragraph will survive the termination of this Agreement with respect to any claims or liability accruing prior to such termination. 42. NON-LIABILITY OF LANDLORD. Landlord will not be liable for any damage or injury that may be sustained by Tenant or any other person, as a consequence of the failure, breakage, leakage, or obstruction of the water, plumbing, steam, sewer, waste, or soil pipes, roof, drains, leaders, gutters, valleys, downspouts, or the like, or of the electrical, gas, power conveyor, refrigeration, sprinkler, air conditioning, or heating systems, elevators, or hoisting equipment; or by reason of the elements; or resulting from the carelessness, negligence, or improper conduct on the part of any other tenant or of Landlord or Landlord's or this or any other tenant's agents, guests, licensees, invitees, subtenants, assignees, or successors; or attributable to any interference with, interruption of, or failure beyond the control of Landlord, of any services to be furnished or supplied by Landlord. 4 . INTEREST AND COSTS FOR NON-PERFORMANCE. Until all outstanding monies owed to Landlord are paid in full, Tenant will pay Landlord monthly interest and other costs associated suffered by Landlord with Tenant's failure to pay any monies owed under this Agreement as they become due. Interest will be calculated based on the prune rate established by Landlord's bank plus the greater of 1% per annum and the maximum rate allowed by law. 44. ATTORNEY'S FEES; JURY TRIALS. In the event any dispute arises between Landlord and Tenant concerning this Agreement that results in litigation, the losing Party will pay the prevailing Party's reasonable attorney's fees and court costs, which will be determined by the court and made a part of any judgment. It is acknowledged by the Parties that jury trials significantly increase the costs of any litigation between the Parties. It is also acknowledged that jury trials require a longer length of time to adjudicate the controversy. On this basis, all Parties waive their rights to have any matter settled by jury trial. 45. REIMBURSEMENT. If Tenant fails or refuses to comply with any of the terms and conditions of this Agreement, Landlord may carry out and perform such conditions at the cost and expense of Tenant, which amounts will be payable on demand to Landlord. This remedy is in addition to such other remedies as Landlord may have by reason of the breach by Tenant of any of the terms and conditions of this Agreement. Upon Landlord's written consent, Tenant may make improvements or repairs to the Premises or Furnishings, or undertake an obligation of Landlord's, and deduct the relevant expenses from rental payments. 46. WAIVER OF SUBROGATION RIGHTS. So long as their respective insurers so permit, Tenant and Landlord hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage, All Disks, or other now or hereafter existing for the benefit of the respective Party but only to the extent of the net insurance proceeds payable under such policies. Landlord and Tenant will obtain any special endorsements required by their insurer to evidence compliance with the aforementioned waiver. 47. DEFAULT. If Landlord determines that Tenant is in default of this Agreement, Landlord will provide Tenant with the appropriate written eviction notice as specified under state law and under which Tenant may have a limited number of days to cure the default unless otherwise excepted or agreed. Tenant's sole remedy for default or failure to perform obligations under this Agreement by Landlord is rescission. Unless otherwise agreed in writing, it is a default under this Agreement if any of the following occur; bankruptcy proceedings are instituted by or against Tenant's business, a receiver or trustee is appointed to manage all or substantially all of Tenant's business estate by reason of insolvency, Tenant assigns all or substantially all of Tenant's business estate for the benefit of its creditors, or Tenant prematurely vacates or abandons the Premises. 48. NON-WAIVER OF RIGHTS. Landlord's failure to require compliance with the conditions of this Agreement, or to exercise any right provided herein, will not be deemed a waiver by Landlord of such condition or right. Landlord's acceptance of rent with knowledge of any default under agreement by Tenant will not be deemed a waiver of such default; nor will it limit Landlord's rights with respect to that or any subsequent right. Notwithstanding any language in this Agreement to the contrary, none of Tenant's goods, equipment, Fixtures, or other chattels on the Premises are exempt from levy by Landlord's distress. Tenant hereby waives all rights of redemption and relief from forfeiture under law or equity now or hereafter existing that may result from Landlord's exercise of its right of distress. 49. EXTENDED ABSENCE. Tenant must notify Landlord of an anticipated extended absence from the Premises that will be in excess of seven days; however, the notice may be given as soon as reasonably possible after Tenant knows the absence will exceed seven days. 50. ABANDONMENT; EVICTION. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, or if Tenant is evicted, Tenant will remain liable for any loss of rent for the remainder of the rental term, and Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatsoever. At this point, Landlord may, at Landlord's discretion, as agent for Tenant, re-let the Premises, or any part thereof, for the whole or any part of the then unexpired term and may receive and collect all rent payable by virtue of such re-letting. Landlord may then choose to hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term if this Agreement had continued in force and the net rent for such period realized by Landlord by means of such re-letting. If Landlord's right of re-entry is exercised following abandonment of the -Premises by Tenant, then Landlord will consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord deems proper, and Landlord is hereby relieved of all liability for doing so. 51. RECORDING OF AGREEMENT; CERTIFICATE OF REGISTRATION. Tenant will not record this Agreement on the Public Records of any public office unless required by law. Unless recording is required by law, in the event that Tenant records this Agreement, this Agreement will, at Landlord's option, terminate immediately and Landlord will be entitled to all rights and remedies that it has at law or in equity. If required by law, Landlord will provide Tenant a copy of Landlord's Certificate of Registration, or any similar registration required, at the execution of this Agreement or commencement of the Agreement. If Landlord files an amended certificate during this Agreement, Landlord will furnish Tenant with a copy of the amended certificate within any applicable time limit after the amended certificate is filed with the municipal clerk, or with such other municipal official as is designated by the clerk or state or local law. 52. NOTICE. Any notice, service of process, or demands required or permitted under this Agreement or under law will be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: IF TO LANDLORD SEND TO: OCEAN MGMT. SERVICES LLC 100 NE. 6TH STREET UNIT 107 BOYNTON BEACH, Florida 333435 IF TO TENANT SEND TO: FRONT STREET DEVELOPMENT LLC 100 NE.6TH STREET UNIT I 08 BOYNTON BEACH, Florida')3435 Landlord and Tenant each have the right from time to time to change the place of notice by giving the other Party written notice of this change. Tenant must immediately notify Landlord of any emergencies, dangerous conditions, or defects in and about the Premises or Furnishings of which Tenant becomes aware. 53. TELEPHONE NUMBERS. Both Landlord and Tenant are entitled to know each other's telephone number, if any, at all times. Landlord and Tenant agree to notify each other within five calendar days of any change in their respective telephone numbers. Landlord's Telephone Number(s): 56136931554 Tenant's Telephone Number(s): 860 3055178 54. GENERAL TERMS a. ENTIRE AGREEMENT. Tenant expressly acknowledges and agrees that Landlord has not made and is not making, and Tenant in executing and delivering this Agreement is not relying upon, any warranties, representations, promises, or statements, except to the extent that they are expressly set forth in this Agreement. It is understood and agreed that all understandings and agreements of the Parties are merged into this Agreement, which alone fully and completely expresses their agreements. b. RELATIONSHIP OF THE PARTIES. Nothing contained herein creates any business relationship or any other type of relationship between the parties other than a landlord- tenant relationship. c. SURVIVAL OF TENANT'S OBLIGATIONS. All of Tenant's obligations and covenants arising by or during the term of this Agreement and that are not fulfilled at the termination of this Agreement will survive the termination of this Agreement. d. MODIFICATION. The Parties hereby agree that this document contains the entire agreement between the Parties and this Agreement may not be modified, changed, altered, or amended in any way except through a written amendment signed by all of the Parties hereto. e. SEVERABILITY. If any provision of this Agreement or the application thereof is held, for any reason and to any extent, invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities, or circumstances will be affected thereby, but instead must be enforced to the maximum extent permitted by law. f. CUMULATIVE RIGHTS. Landlord's and Tenant's rights under this Agreement are cumulative and will not be construed as exclusive of each other unless otherwise required by law. g. JOINT AND SEVERAL LIABILITY. If more than one person signs this Agreement, then the liability of the persons so signing will be joint and several. The language "joint and several" means that if more than one person has signed this Agreement, then each of these persons individually and all of these persons collectively are fully responsible for fulfilling all of the obligations of this Agreement, except where expressly otherwise agreed between Landlord and Tenant. For example, one person signing the Agreement may be liable for any or all damages to the Premises or Furnishings, even if caused by another person signing the Agreement, and one person signing the Agreement is liable for the total amount of rent due, even though other persons have also signed the Agreement. h. BINDING EFFECT. The covenants, obligations, and conditions herein contained will be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the Par-ties hereto. The obligations of Landlord under this Agreement will not be binding upon Landlord named herein with respect to any period subsequent to the transfer of Landlord's interest in the Premises as owner or lessee thereof, and in event of such transfer said obligations will thereafter be binding upon each transferee of the interest of Landlord. i. GOVERNING LAW. This Agreement will be governed, construed, and interpreted by, through, and under the laws of Florida. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of Landlord or Tenant. k. CONSTRUCTION. The pronouns used herein include, where appropriate, either gender or both, singular and plural. 1. SINGULAR/PLURAL. The terms "Landlord" and "Tenant" include the singular as well as the plural. m. NON-WAIVER. No indulgence, waiver, election, or non-election by Landlord under this Agreement will affect Tenant's duties and liabilities hereunder. n. TIME OF ESSENCE. Time is of the essence for this Agreement. o. FORCE MAJEURE. Performance of any obligation under this Agreement by any Party will be excused for the duration of any event or circumstance causing a delay in performance through no fault of the obliged Party, including, without limitation, war; reasonably unforeseen supply shortages; changes in law or regulation; strikes; riots; lock-outs; labor troubles; power outages caused by weather or third parties; and natural events, such as blizzards, torrential rain, or tornadoes. p. COUNTERPARTS; ELECTRONIC SIGNATURE. This Agreement may be executed in counterparts, including by fax, email, or other facsimile, each an original but all considered part of one Agreement. Electronic signatures placed upon counterparts of this Agreement by a Party or their approved agent will be considered valid representations of that Party's signature. Each Party acknowledges that it has read and understood all the terms of this Agreement and hereby agrees to be bound thereby, including any attached schedules, exhibits, or addendums. Tenant further acknowledges that it was under no duress in signing this Agreement and had full opportunity to negotiate the terms contained herein and to consult independent counsel. LANDLORD: Print: OCEAN MGMT. SERVICES LLC Sign: Date: TENANT(S): Print: FRONT STREET DEVELOPMENT LLC Sign: _ Date: s� SCHEDULE A- FURNISHINGS This SCHEDULE A - FURNISHINGS is hereby incorporated into the COMMERCIAL LEASE AGREEMENT FOR FLORIDA entered into on February 01, 2018, by and between OCEAN MGMT. SERVICES LLC (hereinafter "Landlord") and FRONT STREET DEVELOPMENT LLC (hereinafter "Tenant") and associated with the real property situated at 100 NE.oTH STREET UNIT 108, BOYNTON BEACH, Florida 33435. All terms used herein are defined according to the Agreement. The Premises comes furnished with the following Furnishings: 1. SELF CONTANED COOKING STOVE-AIR COND. UNIT-FREEZER- COOLER LANDLORD: Print: OCEAN MGMT. SERVICES LLC Signa: � ° � Date: TENANT(S). Print: FRONT STREET DEVELOPMENT LLC Sign: Date: " 5oie MOmber- 3. Records and reports available to Landlord (check one box below): o Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the unit. Ei Landlord has provided Tenant with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the unit (list documents below): Tenant's Acknowledgment 4.Tenant has read the Lead Warning Statement above and understands its contents. 5. Tenant has received copies of all information, including any records and reports listed by Landlord above. 6. Tenant has received the pamphlet "Protect Your Family From Lead in Your Home" or has access to it online at http://www.fsa.usda.gov/liitemet/FSA—File/pfflinyhbrochure.pdf. Real Estate Licensee's Acknowledgment Each Party signing below acknowledges receipt by Tenant of the above disclosure. The Parties have read and understood all of the above terms and conditions and hereby agree to be bound thereby. LANDLORD: Print: OCEAN MGMT. SERVICES LLC Sign: Date: TEN (S) Print: FRONT STREET DEVELOPMENT LLC Sign: Date; `m SCHEDULE B - LEAD-BASED PAINT DISCLOSURE This SCHEDULE B - LEAD-BASED PAINT DISCLOSURE is hereby incorporated into the COMMERCIAL LEASE AGREEMENT FOR FLORIDA entered into on February 01, 2018, by and between OCEAN MGMT. SERVICES LLC (hereinafter "Landlord") and FRONT STREET DEVELOPMENT LLC (hereinafter "Tenant") and associated with. the real property situated at 100 NE.6TH STREET UNIT 108, BOYNTON BEACH, Florida 33435. All terms used herein are defined according to the Agreement. WARNING! LEAD FROM PAINT, DUST, AND SOIL CAN BE DANGEROUS IF NOT MANAGED PROPERLY. Penalties for failure to comply with Federal Lead-Based Paint Disclosure Laws include treble (three times) damages, attorney's fees, costs, and a base penalty up to $11,0(10 (plus adjustment for inflation). The current penalty is up to $16,000 for each violation. Disclosure for Target Rentals and Leases Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards Lead Warning Statement Buildings built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 buildings, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the building. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. Landlord's Disclosure to Tenant and Real Estate Licensee(s) and Acknowledgment 1. Landlord acknowledges that Landlord has been informed of Landlord's obligations. Landlord is aware that Landlord must retain a copy of this disclosure for not less than three years from the commencement of the leasing or rental period. 2. Presence of lead-based paint and/or lead-based paint hazards (check one box below): o Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the unit. Ei Landlord has knowledge of lead-based paint and/or lead-based paint hazards present in the unit (explain): Tenant also keeps copies of such evidence. HAZARD ET CTORS. Tenant acknowledges that all smoke detectors, carbon monoxide detectors, and fire extinguishers were tested in Tenant's presence and found to be in working order, and that the testing procedure was explained to Tenant. Tenant agrees to test all detectors at least once a month and to report any problems to Landlord in writing. TENANT'S COPY. The Parties further agree that a copy of this joint inspection was provided to Tenant. The Parties have read and understood all of the above terms and conditions and hereby agree to be bawd thereby. LANDLORD: Print: OCEAN MGMT. SERVICES LLC Sign: Date: TENANT(S): Print: FRONT STREET DEVELOPMENT LLC Sign; ' Date. Exotic Inc. Estimate ; 2036 7928 Coral Street Suite 42 Hypoluxo, FL 33462 Ph: (561)585-9200 FAX (561)585-0411 Email: info@exoticsigns.com Web: http://Www.exoticsigns.com Page 1 of 1 Created Date: 2/20/2018 2:42:05PM Salesperson: House Account Prepared For: Walk-In Email: info@exoticsigns.com Contact: Walk-In Contact Office Phone: (561)585-9200 Phone: N/A Office Fax: (561)585-0411 Entered by: Donna Argueta Email: N/A Address: Description: Marina Cafe -smckay@ankleaid.om Quantity Price Product: Misc Unit Price Subtotal Description: 1 $600.00 $600.00 $600.00 •Custom Logo Design Pencil sketch style all 1 color$600 to$1200 depending on level of detail. Quantity Price 2 Product: Design of Goods Unit Price Subtotal 1 $270.00 $270.00 Description: $270.00 Quantity Price 3 Product: Wide Format Prints Unit Price Subtotal 1 $130.00 $130.00 Description: $130.00 Quantity Price 4 Unit Price Subtotal Product: Wide Format Prints 1 $167.00 $167.00 Description: $167.00 Quantity Price 5 Product: Wide Format Prints Unit Price Subtotal 4 $258.00 Description: $64.50 $258.00 Quantity Price 6 Product: Installation Unit Price Subtotal 1 $262 . .50 $26250 Description: $262.50 Estimate Total: $1,687.50 Subtotal: $1,687.50 Taxes: $99.75 Payment Terms: Balance due upon receipt. Total. $1,787.25 If placing an order for printing,a 50%deposit is required prior to placing your order. Please note Exotic accepts all Major Credit Cards,Cash,Check or Money Order. CANCELLED ORDERS:Client is responsible for layout/design/file setup time fees for all work done. Client Reply Request M Estimate Accepted"As Is". Please proceed with Order. Other: Changes required,please contact me. SIGN: Print Date: 2/20/2018 4:44:16PM Date: / / t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CONSENT AGENDA AGENDAITEM: 10.K. SUBJECT: Approval of Commercial Interior Build-Out Grant Program in the amount of $11,400 for Front Street Development, LLC d/b/a Marina Cafe located at 100 NE 6th Street in Marina Village SUMMARY: The CRA's Commercial Interior Build-Out Grant Program provides eligible (new or existing) businesses with financial assistance for the initial costs associated with the commercial construction, repairs, renovations and/or rehabilitation of their building's interior improvements. Eligible improvements under the program guidelines must be permanent and stay with the building. CRA staff has received a completed grant application from Front Street Development, LLC d/b/a Marina Cafe, which is located in Marina Village at 100 NE 6th Street, Unit 108, Boynton Beach, FL 33435 (see Attachments I - I11). Marina Cafe is the neighborhood gathering place to grab a cup of coffee and sandwich all while enjoying the views and vibes of the Boynton Harbor Marina. The cafe will also provide WiFi, outdoor seating and feature the highest quality coffee, tea, pastry breads, and deli meats from all over the world. As a cafe, the applicant falls under the category of a Tier I I business, as outlined in the grant application. The interior portion of the overall renovation project is approximately $22,768 (see Attachment IV). The Commercial Interior Build-Out Grant Program provides a 50% reimbursement of the applicant's expenditure for the eligible interior improvements up to a maximum grant total of $25,000. If approved, the applicant is entitled to a grant maximum of $11,400 in reimbursable funds. The grant is reimbursed once a Certificate of Occupancy is obtained and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: $11,400 — FY 2017-18 Project Fund, line item 02-58400-444 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Interior Build-Out Grant not to exceed the maximum grant award of $11,400 to Front Street Development, LLC d/b/a Marina Cafe located at 100 NE 6th Street, Unit 108, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Interior Build-Out Grant Application D Attachment II - Location Map D Attachment III - Lease D Attachment IV - Project Budget BOYNTON"' RA , _ r October 1, 2017 — September 30, 2018 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL INTERIOR BUILD-OUT GRANT PROGRAM Program Rules and Regulations The Commercial Interior Build-Out Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA") District. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the repair and rehabilitation of buildings or other improvements in accordance with the CRA Community Redevelopment Plan. Improvements paid for by the CRA must be permanent and stay with the building. The CRA reserves the right to approve or deny any Commercial Interior Build-Out Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the CRA District. For purposes of this application, the term "new business" means a company in operation for less than six months or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the CRA District for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The term "project" means the eligible interior improvement project for which the applicant seeks reimbursement. The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initial Page 1 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com Incentive Funding The Commercial Interior Build-Out Grant Program offers financial assistance in the form of a reimbursable, matching (50%) grant up to $45,000 to the landlord or business owner for eligible expenses associated with the construction or renovation of the interior elements of the commercial operating space. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace_program.php or by contacting the City at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Must be located within the CRA District (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • If tenant, applicant must have an executed multi-year lease (two year minimum). • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, within the sole discretion of the CRA, as an eligibility requirement for funding. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher to be eligible. If one or more business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed in Boynton Beach/Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting an interior grant application. • Grant funding amounts will be based on the applicant's project budget specified at the time of the CRA approval. Initial Page 2 of 15 4�f Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catch boynton.com • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Interior Build-Out Program may only be used one time in any five year period for any one property. Properties may reapply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding code liens, violations or monies owed for utilities, the CRA will perform a lien search on the property at a cost of$115.00 which will be deducted from the grant funding to the recipient. In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • The property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach and submit for reimbursement within 120 days of the issuance date of the permit for the project. If CRA Board Approves grant funding and the work being performed does not require a permit, the Certificate of Occupancy and application for reimbursement must be within 120 days of the grant award. Failure to complete the improvements within the specified time frame will result in the property owner or tenant losing the grant reimbursement opportunity. Only one 60 day administrative extension will be permitted. • Project items completed and paid for more than 60 days prior to grant approval by the CRA Board are not eligible for reimbursement under the grant program • Application and CRA Board approval of this grant is for funding only. Approval of CRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the CRA the rights and use of photos and project application materials. Initials op!� Page 3 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catch boynton.corn Projects and items eligible for funding under the program are limited to: • Interior walls • Interior plumbing • Flooring • Grease trap installation • HVAC system • Interior electrical system • Hood &fire including lighting suppression Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Interior Build-Out Grant Program: • Firearm Sales • Convenience Store • Religious Affiliated Retail Stores • Churches • Non Profits • Fitness Centers over 4,500 sq.ft. • Check Cashing Stores • Take-Out Foods • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Kava Tea Bars • Pawn Shops • Alcohol and/or Drug Rehabilitation • Tattoo Shops/Body Piercing/Body Centers/Housing ArtShops • Medical Research Centers/Housing • Any other use that the GRA staff or • Massage/Personal Services CRA Board have determined not to support the redevelopment of the CRA District Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of CRA Board approval. Tier One Business (Full-Service Restaurants Only) Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as submitted at the time of CRA Board approval up to a maximum amount of $45,000 in grant funding. Only full service restaurants with a minimum total seating Initials -kil Page 4 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com capacity of 50 seats are eligible to be in Tier One. The restaurant must have hours conducive for the development of the downtown serving at least lunch and dinner. Proof of seating capacity shall be confirmed by a copy of the City of Boynton Beach Local Business Tax Receipt. Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as submitted at the time of CRA Board approval up to a maximum amount of $25,000 in grant funding. Tier Two Businesses must be one of the following types of businesses: • Restaurants with total seating • Clothing Boutique — clothing, shoes capacity under 50 & accessories • Gourmet Food Market • Bakery • Bed and Breakfast • Medical Offices • Marketing Offices • Accounting Offices • Law Offices • Real Estate Offices • Fitness Center less than 4,500 sq.ft • Insurance Offices (no more than 2 approvals per fiscal • Florist (no more than 2 approvals year) per fiscal year) • Specialty Businesses— stationary, • Hair/Nail Salons (no more than 2 gifts, sporting goods approvals per fiscal year) • Home Decor/Design — home furnishings, art galleries, kitchen wares Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that is the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; Initials Page 5 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and, • Consequences of default on the lease. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Application Process Applications can be obtained from the CRA office located at 710 North Federal Highway, Boynton Beach, FL 33435 or downloaded from www.catchboynton.com. All applicants are required to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. Applicants must submit an original, "hard copy" application with all materials to the CRA for review and approval by the CRA Board. Applicants will be considered on a first- come, first-serve basis. Application packets must include the following documentation: 1. A non-refundable fee of $100 is required to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Written detailed project budget describing the improvements to be done to the property. It must list all project costs the applicant is requesting for reimbursement. The project budget must provide a total cost of the project. 3. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. 4. Copy of building permit receipt/application. If the permit has not been applied for prior to submissions of the grant application, a copy of the building permit receipt is due within 90 days of grant approval. 5. Resume for each principal/owner of the business. 6. Copy of the corporate documents for the applying business entity. 7. Copy of executed multi-year commercial lease agreement. 8. Two years of corporate tax returns (for existing businesses only). Initials li-,�i Page 6 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com 9. Two years of personal tax returns for the principal/owners of a new business. 10.Copy of design and construction plans associated with the proposed improvements. 11.List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 12.A minimum of four color digital "before" photos of the project. 13.Completed and signed application (attached). 14.Authorization to perform credit check for the business and each principal/owner of the business (attached). 15.W9 Form (attached). 16.City Planning and Development Department Acknowledgement Form (attached). 17.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 16 and 17) must be completed and submitted to the appropriate departments located at City Hall 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All required documentation must be submitted no later than noon on the first Tuesday of the month. CRA staff will review the application to verify that the project is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and approval. The CRA Board meets on the second Tuesday of each month. The schedule for CRA Board meetings can be obtained at www.catchboynton.com. Applicants will be notified of the date and time that their applications will be considered by the CRA Board. The CRA recommends that applicants attend the CRA Board meeting during which the Board will consider their applications in order to answer any questions the CRA Board may have regarding their applications. CRA staff will notify the applicant of the CRA Board's approval or denial in writing. Site Visits CRA may conduct a site visit prior to transmitting the application to the CRA Board and once the project is completed. Staff may also conduct unannounced site visits before, Initials Page 7 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com during, and after the project in order to determine and ensure compliance with the terms of the grant agreement. Procedures for Reimbursement This program is designed as a matching 50% grant. All work must be completed and paid for by the applicant prior to the release of CRA funds. The CRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the CRA (3) days prior to the grant expiration date. The CRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full". Proposals for"work to be completed" or"bids" are not considered proper documentation. a. Each item will be supported by a canceled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. 2. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 3. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 4. A minimum of 4 color"after" photos of the project. By submitting for reimbursement, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Initial Page 8 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com Boynton Beach, Palm Beach County or the State of Florida. The Commercial Interior Build-Out Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the CRA to any third party. The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the CRA to award grant funding. Initials -11 Page 9 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737 -3258 www.catchboynton.com BOYNTON BEACH :',, ' i APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applic. ble): P Aje ke Current Business Address: y 0 o 1 t 4 7 Fed ID#: m Business Phone Number: ' 5-- 'Fl 7Y Fax: Website: vb s � - Existing Business: Yes No Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes A No If so, monthly base rent: at ?CO C2 New Business Address: Square footage of current location: 10 rO Square footage of new location: An Type of Business: d Number of Employees: Hours of Operation: 7 a,-t �7 Page 10 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catch boynton.com BOYNTON' ' BEACH , APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: , 't- 1 �[ Date of Birth: a Email: ,�/ Residential Address: v zkl,ji cf - o,n --JA Cell Phone Number: C> _S 1 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistant under any other program offered by the CRA? (Tier One Businesses Only): Yes No If yes, what additional programs are you applying for: Page 11 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com 5 BOYNTON ' RA BEACH APPLICANT INFORMATION further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the CRA to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Initials Page 13 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com 3' BOYNTON"' '" 100100BEACH ''(,woo APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes No If yes, list any additional grant sources and amounts: s c -e �! � VItc L. LANDLORD INFORMATION: Landlord Name: Landlord's Mailing Address: /U1�1 Landlord's Phone Number: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Interior Build- Out Assistant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Interior Build-Out Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not Initials Page 12 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON ',,` ,fit ., ., BEACH C APPLICANT INFORMATION APPLICANT SIGNATURES: Principal/Owr's Snate Date Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appearedp ; who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of DAVID DEPHILLIPS UBLIC �Q, PU ZI! °� State of Florida-Notary Public My Commission Expires: :+ + Commission#GG 170848 My Comm. Expires 12.2g_2021 oil"' BOndec Through ge 14 of 15 American Aanosiatian©/Notari s rior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON ', 0060BEACH R-A, LANDLORD INFORMATION LANDLORD SIGNATURES: } C- k L,e Landlofd's nature a �-. ),-"+ ti Z, - r C-N- Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures-Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced " as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal i the State and County of resaid on this day of _ 20 =DEPHILLIPSEPHILLIPS NO Y PUBLIC da Notary Public My Commission Expires: n#GC 170Fl48pires 12-26-2021c Throughciation Of Notaries Page 15 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com ' �1e } 4n� 1 i yl � x ) , 1E- i r, a . tn`y f sy rn : ! „ s c I 4` 1 1zl � F COMMERCIAL LEASE AGREEMENT FOR FLORIDA This COMMERCIAL LEASE AGREEMENT FOR FLORIDA (hereinafter the "Agreement") is entered into on February 01, 2018 by and between OCEAN MGMT. SERVICES LLC (hereinafter "Landlord") and FRONT STREET DEVELOPMENT LLC (hereinafter "Tenant") (Landlord and Tenant each a "Party" to this Agreement and collectively the "Parties"). WITNESSETH: WHEREAS, Landlord manages and owns the real property being leased under this Agreement, which is situated at 100 NE.6TH STREET UNIT 108, BOYNTON BEACH., Florida 33435 (hereinafter the "Premises"). Landlord's business address is 100 NE. 6TH STREET UNIT 107, BOYNTON BEACH, Florida 33435; WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein; WHERE,AS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein; and NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Parties hereto hereby agree as follows: 1. DEFINITIONS a. An "Alteration" means any change or improvement to the physical structure or materials comprising the Premises besides mere decorative changes that can quickly and easily be restored to their original states. b. "Common Areas" means those areas on the Property that are not leased to individual tenants and are available for use by all tenants and other occupants of the Property and Landlord maintains control and responsibility over. c, A "Fixture" means a moveable item of personal property (a chattel), including trade fixtures, that becomes part of the Property by reason of being attached thereto and cannot easily be removed without damaging or requiring repair of the Property. d. "Furnishings" means all Fixtures, appliances, furniture, and other personal property upon the Premises during the term of this Agreement and provided or owned by Landlord, as itemized on Schedule A — Furnishings, attached hereto and incorporated herein by reference, or otherwise agreed upon by the Parties in writing. e. "Normal wear and tear" means deterioration that occurs when the Premises or any of its Furnishings is used as intended, without negligence, carelessness, accident, or abuse by Tenant or Tenant's agents, guests, licensees, invitees, subtenants, assignees, or successors. f. The "Property" means the entire portion of the individual piece of real estate owned by OCEAN MGMT. SERVICES LLC where the Premises (the leased unit) is located, including, without limitation, the land containing the Premises itself, all Common Areas, buildings, and any other leased units located thereon. 2. TERM. This Agreement is for the leasing of the above-described Premises for a fixed term beginning at 12:00 noon on February 01, 2018 and ending at 11:59 PM on January 31, 2021, 3. RENT. Tenant agrees to pay Landlord rent in the arnount of$2,000.00 due on or before the IST OF EACH MONTH day of each month. The first rental payment will be due on June 01, 2018. The total rent due for the entire term of this Agreement is $63,000.0,0. All rental payments will be made as set forth below on or before the due date and without notice, demand, setoff, or abatement. Please be advised that any payments lost in the mail or otherwise late by no fault of Landlord will be treated as if unpaid until received. Landlord will receive any payments due under this Agreement at the following location(s): TO: OCEAN NIGNIT SERVICES LLC ADDRESS: 100 NE. 6111 STREET UNIT 107 BOYNTON BEACH, Florida 33435 4. PAYMENT METHODS ACCEPTED a. Landlord accepts payment of any amounts that may become due under this Agreement by the following methods of payment: i. Check ii. Direct deposit d. "Furnishings" means all Fixtures, appliances, furniture, and other personal property upon the Premises during the term of this Agreement and provided or owned by Landlord, as itemized on Schedule A — Furnishings, attached hereto and incorporated herein by reference, or otherwise agreed upon by the Parties in writing. Zn e. "Normal wear and tear" means deterioration that occurs when the Premises or any of its Furnishings is used as intended, without negligence, carelessness, accident, or abuse by Tenant or Tenant's agents, guests, licensees, invitees, subtenants, assignees, or successors. f. The "Property" means the entire portion of the individual piece of real estate owned by OCEAN MGMT. SERVICES LLC where the Premises (the leased unit) is located, including, without limitation, the land containing the Premises itself, all Common Areas, buildings, and any other leased units located thereon. 2. TERM. This Agreement is for the leasing of the above-described Premises for a fixed term beginning at 12:00 noon on February 01, 2018 and ending at 11:59 PM on January 31, 2021. 3. RENT. Tenant agrees to pay Landlord rent in the amount of$2,000.00 due on or before the I ST OF EACH MONTH day of each month. The first rental payment will be due on June 01, 2018. The total rent due for the entire term of this Agreement is $6,300 00. All rental payments will be made as set forth below on or before the due date and without notice, demand, setoff, or abatement. Please be advised that any payments lost in the mail or otherwise late by no fault of Landlord will be treated as if unpaid until received. Landlord will receive any payments due under this Agreement at the following location(s): TO: OCEAN MGMT. SERVICES LLC ARE Sc 100 NE. 6TH STREET UNIT 107 BOYNTON BEACH, Florida 334')5 4. PAYMENT METHODS ACCEPTED a. Landlord accepts payment of any amounts that may become due under this Agreement by the following methods of payment: i. Check ii. Direct deposit b. Landlord reserves the right to change the payment methods accepted at any time by giving notice to Tenant. S. SIGNING INCENTIVES. The following signing incentives are granted for this unit: THE LANDLORD HAS AGREED AS AN INCENTIVE TO ALLOW TENENT THE MONTHS OF FEB.- MARCH -APRIL- MAY- AND TILL THE 15TH OF JUNE A TOTAL OF 4 AND HALF MONTHS, SO THE TENET" T ON JUNE IST 2018 WILL PAY 1,000.00 DOLLARS AS AGREEDFOR HALF OF 14ALF OF THE MONTH AS AGREED. THEREAFTER ON JULY IST THE REGULAR RENTAL OF 2,000.00 WILL COME DUE PLUS THE SALES FLORIDA RENTAL TAX. 6. LATE FEE. In the event that any rental payment required to be paid by Tenant under this Agreement is not made within seven (7) days of when due, in addition to the rental payment due, Tenant will pay Landlord a nonrefundable late fee of $100.00 for each late payment Landlord receives. 7. DISHONORED PAYMENTS, NON-SUFFICIENT FUNDS. Tenant will be liable for a nonrefundable sum of$100.00 for each payment Landlord receives that is dishonored by a banking institution (also known as "bouncing" a payment). If Tenant tenders a check or otherwise makes a payment that is dishonored by a banking institution, then, at Landlord's option, Landlord may require Tenant to make all future payments by a payment method of Landlord's choosing, such as by cash or cashier's check, until such time as Tenant obtains written consent from Landlord to use checks or other payment methods again. 8. KEYS. Tenant will be given the following keys to the Premises: 2 MAILBOX- I GARBAGE ROOM -2 FRONT DOOR If Tenant loses keys or is locked out and re-keying the locks becomes necessary, Tenant is responsible for covering the costs of replacement keys or re-keying the locks unless Landlord agrees otherwise. 9. KEEPING ANIMALS. The rules for keeping animals on the Premises are as follows: NONE ALLOWED Should any portion of the pet deposit be nonrefundable, it will be used upon the termination or expiration of this Agreement for the purposes of cleaning or repairing the unit and Common Areas of the Premises. The rules In this paragraph may be changed at a later time by written agreement between the Landlord and Tenant. 10. PARKING. TWO PRIVATE SPACES THERE IS ALSO PARKING IN PUBLIC GARAGE Unless Tenant receives Landlord's prior written consent, Tenant may not park a vehicle on the Property. If Tenant receives Landlord's prior written consent to park on the Property, Tenant may only park a vehicle that is registered in Tenant's name; Tenant may not assign, sub-let, or allow any other person to use a parking space for more than one day; all vehicles kept on the Property must be operational and have proper registration, tags, decals, and licenses as required by local and state laws; Tenant may not park a vehicle on the Property that is leaking any substance; and Tenant may not wash, repair, or paint a vehicle on the Property. Any vehicle not meeting these requirements, or any unauthorized vehicles, will be removed at Tenant's expense after being given 72 hours' notice. 11. SMOKING POLICY. Tenant may not conduct or permit any smoking inside the Premises but may smoke in Common Areas, 12. SECURITY DEPOSIT. Upon the due execution of this Agreement, Tenant will deposit with Landlord the sum of $2,000.00 (the "security deposit"), receipt of which is hereby acknowledged by Landlord, as security for any damage caused to the Premises or Furnishings during the term hereof as well as the faithful performance of the terms of this Agreement. After Tenant has vacated the Premises, Landlord may use the security deposit for any damage other than normal wear and tear to the Premises, Furnishings, the building and its furnishings, the Common Areas, any rent or other amounts owed pursuant to this Agreement, and TcnanVs breach of any provision of this Agreement. In the event of damage other than normal wear and tear to the Premises, the Furnishings, the Common Areas, or the buildings and its furnishings, of which the Premises are a part of, Landlord will not be limited to these security deposit funds and 'Tenant will remain liable to the full extent of the damages. In this Agreement, "normal wear and tear" means deterioration that occurs when the Premises or any of its Furnishings is used as intended, without negligence, carelessness, accident, or abuse by Tenant or Tenant's agents, guests, licensees, invitees, subtenants, assignees, or successors. If a Move-In/Move-Out Inspection Checklist (the "Checklist") (see Schedule C) is incorporated into this Agreement by agreement of the Parties, such checklist may be used to deterrnine whether any damage or deterioration of the Premises or Furnishings exceeds normal wear and tear and therefore requires a deduction from the security deposit or further compensation. Both Landlord and Tenant will retain copies of any such checklist if executed. The security deposit must be returned to Tenant upon the termination of this Agreement without interest, except to the extent required by any applicable laws or ordinances, in which event interest will be computed and paid per the then-applicable terms of any such law or ordinance, less any setoff for the reasons included herein. Landlord will hold the security deposit and any possible interest that may accrue at the following location: LANDLORDS NON INTEREST BANK ACCOUNT WELLS FARGO IT IS AGREED THAT LANDLORD WILL PAY FOR ELECTRIC BILL FOR JAN 2018 TIJERAFTER STARTINF FEB I ST WILL SIGN WITH FPL FOR SERVICE. Tenant may not use said security deposit ror rent owed during the term of the Agreement or for any other sum due under the Agreement. Landlord will furnish Tenant an itemized statement indicating any amounts deducted firorn the security deposit and the exact reasons for such deductions, and return the balance of the deposit to Tenant (the statement and balance of the deposit collectively called the "Refund"). If Tenant fails to furnish a forwarding address to Landlord, then Landlord will send said Refund to the Premises or to Tenant's last known address. Landlord will send the Refund to Tenant after the tenancy has ended within the time limits set by state law. Without limitation on the foregoing, the return of Tenant's security deposit is subject to the following conditions: a. The full term of the Agreement has ended; b. All rent and any late charges or other fees have been paid in full; c. All utility bills are paid in full and written proof given to Landlord; d. All keys, Furnishings, and other items that Landlord provided are returned to Landlord or their original locations; e. All of Tenant's personal property has been removed; and L The entire Premises has been professionally cleaned or cleaned as though professionally cleaned, including carpets, bathrooms, countertops, kitchen and kitchen appliances, light fixtures, windows, and cabinets. Outdoor areas under Tenant's control must likewise be put in good order. If Tenant has not caused the Premises and Furnishings to be so cleaned prior to vacating the Premises or Landlord finds that Tenant's cleaning is poorly conducted, Landlord may use the security deposit to professionally clean the Premises and Furnishings. Tenant further agrees that if any carpeting in a room or hallway must be replaced due to odors or stains, Tenant will be liable for replacement of all carpeting in such room or hallway or otherwise as is reasonably required to avoid a "patched" appearance of the replacement carpeting. 13. UTILITIES AND SERVICES PROVIDED; INTERRUPTIONS a. Tenant is responsible for arranging and paying for all utility services and other services required on the Premises with the exception of the following services to be paid for and managed by Landlord: i. AS PART OF CONDO ASSOCIATION MANTENCE FEES CABLE -WATER- INTERNET PHONE b. Within three business days after the beginning of the term, Tenant must arrange for such utilities or services and for billing directly to Tenant. The Party responsible for paying any particular utility or service will not be liable for failure to furnish the utility or ............................................ —----- ---------- - service when the cause of such failure is beyond that Party's control. Should Landlord cause an interruption in water, sewer, gas, or electric, or an interference with the restoration of such utilities, for a period lasting beyond 48 hours, rent will be abated for each day the interruption or interference continues beyond such 48-hour period. 14. RECYCLING. Recycling disposal for sanctioned materials is available for collection at this property. 15. USE OF PREMISES. The Premises and Furnishings must only be used and occupied by Tenant and Tenant's employees, agents, contractors, invitees, guests, servants, visitors, licensees, or subtenants. During the term of this Agreement, the Premises will be used solely for carrying on Tenant's BISTRO COFFEE SNACK REST. business and ancillary uses thereto in compliance with applicable laws, bylaws, and regulations relative to the Premises and to the business conducted thereon (the "Permitted Use"). Tenant must obtain Landlord's prior written consent to use the Premises or Furnishings for any use not considered a Permitted Use. Tenant will carry on business under its current name and will not change its name without the prior written consent of Landlord. If Tenant's business requires opening the Premises to the public, then the Premises must be fully furnished, stocked, staffed, and organized as of the date of opening and remain so throughout the remainder of the term. Tenant must continually occupy and use the entire Premises in conducting its business in a reputable manner and on such days and during such hours as agreed upon with Landlord. Furthermore, Tenant must not allow others to occupy or use the Premises, Furnishings, or any part thereof for any purposes other than as herein limited, nor for any purpose deemed unlawful, disreputable, or extra hazardous, on account of fire or other casualty. Tenant must conduct all business in compliance with any and all laws, ordinances, rules, and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy, and preservation of the Premises and its Furnishings, and must promptly comply with all orders, regulations, requirements, and directives of the Board of Fire Underwriters or similar authority and of any insurance companies which have issued or are about to issue policies of insurance covering the said Premises and its contents, for the prevention of fire or other casualty, damage, or injury, at Tenant's own cost and expense. Tenant is responsible for contacting Landlord, local authorities, a licensed attorney, or the owners association, if any, regarding any laws and regulations that it may have questions regarding. 16. LEASING TO COMPETITORS. Upon the execution of this Agreement, Landlord promises and covenants that no other property owned by Landlord or Landlord's company within a -mile radius of the Premises is being or will be leased, rented, or sold to any other business selling substantially the same products or services as Tenant during the term of this Agreement. At Tenant's request, Landlord will take appropriate preventative action against any other tenants or subtenants who engage in substantially similar business. In addition to any other rights and remedies at law, Tenant will be entitled to a rent abatement covering any period in which Landlord fails to prevent such unauthorized competition. 17. CONDITION OF PREMISES. Tenant stipulates, represents., and warrants that Tenant has examined the Premises and Furnishings, and that the Premises and Furnishings are at the time of this Agreement in good order, repair, and in a safe, clean, and tenantable condition. Tenant will give Landlord written notice, including photographic and/or video evidence, within five days after the beginning of the agreement of any portion of the Premises or Furnishings found to not be in such good condition. Landlord reserves the option of incorporating a Move-In/Move-Out Inspection Checklist (see Schedule Q within this timeframe to serve as evidence of the condition of the Premises at move-in and move-out. 18. ASSIGNMENT, SUB-LETTING, AND RELEASE. Tenant may not assign this Agreement or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. Tenant's assignment or sub-letting will not relieve Tenant of any right or obligation hereunder unless Landlord signs a written release to such eff-cu. Consent by Landlord to, one such assignment, sub-letting, or license will not be deemed to be consent to any subsequent assignment, sub-letting, or license. An assignment, sub-letting, or license without the prior written consent of Landlord or an assignment or sub-letting by operation of law will be absolutely null and void and will, at Landlord's option, terminate this Agreement. a. REPLACEMENT TENANTS. Landlord agrees to release Tenant from this Agreement if Tenant finds a suitable replacement tenant, acceptable to Landlord, who agrees to sign a new agreement for the remaining duration of the term on the same or similar terms. Landlord agrees to exercise good faith and reasonableness in accepting a replacement tenant. 19. FURNISHINGS; LANDLORDS PROPERTY. Unless otherwise agreed by Landlord in a signed writing, all Furnishings and other property owned by Landlord or provided to Tenant by Landlord will remain Landlord's property at all times, whether or not Such property is itemized on Schedule A and whether or not such property is existing upon the Property at the start of this Agreement. Tenant agrees not to damage or misuse any Furnishings or other property owned or provided by Landlord and to return all such property to Landlord at the termination of this Agreement. 20. FIXTURES AND ALTERATIONS. Tenant may not add or remove any Fixtures or Alterations on the Premises without the prior written consent of Landlord. Landlord will give consent in a timely manner so as to not disrupt Tenant's business operations and such consent may not be unreasonably withheld. Upon receiving written consent, Tenant may install Fixtures and Alterations for conducting its business operations on the Premises so long as such installation or use does not damage or interfere with the existing mechanical systems, electrical systems, or structural integrity of the Property. Landlord will own and keep any Fixture or Alteration located on the Premises in which Landlord pays 50% or more of the total costs associated with its purchase, installation, and maintenance. If Tenant is unclear as to the ownership of a Fixture or Tenant's rights over a Fixture at the expiration of the Agreement, it is Tenant's responsibility to clarify such status in writing with Landlord. If Tenant adds or removes a Fixture or Alteration with Landlord's consent, Tenant is responsible for repairing any damage to the Premises that may occur as a result of such addition or removal. Upon removing any Fixture or Alteration, Tenant must return the Premises to as good of condition as it would have been if such Fixture or Alteration had never been installed. Landlord reserves the right to require that Tenant remove any Fixtures or Alteration installed by Tenant from the Premises upon the termination of this Agreement, Unless otherwise agreed in writing with Landlord, all of Tenant's Fixtures, Alterations, or personal property remaining on the Premises after the termination of this Agreement will become the property of Landlord at the termination of the Agreement—as such, Tenant will pay the cost of removal of any such property so remaining on the Premises. Examples of Fixtures include, without limitation, attached shelves, lighting, curtains, blinds, booths, bars, fences, sign posts, trees, and shrubs. Examples of Alterations include, without limitation, the following: Z1- a. Altering the surfaces of the Premises in any way, for example painting, wallpapering, carpeting, or changing the material of the flooring- b. Performing any structural alterations, for example adding or removing walls, adding or removing windows or doors, changing the material of any facade or flooring, or adding or removing support beams; c. Adding, removing, or allowing the addition or removal of any signage for purposes of advertising or otherwise; d. Altering the amount of gas, water, or electricity normally used on the Premises as well as adding or removing electrical wiring or heating units; and e. Adding or removing any radio antenna or tower. 21. APPLIANCES. Appliances that are located on the Premises are there solely for the convenience of Tenant, and Landlord assumes no responsibility for their operation. While on the Premises, Tenant is free to use them; however, Tenant does so at Tenant's own risk. In the event that appliances fail to function not due to Tenant's own misuse, the Landlord is not liable for the maintenance, repair, or damages, with the exception of the following appliances, if provided by Landlord: refrigerator, microwave, dishwasher, washer/dryer, heating, and A/C units. 22. HAZARDOUS MATERIALS. Tenant may not keep on the Premises any item of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 23. MAINTENANCE AND REPAIR; TENANT RESPONSIBILITIES. Unless otherwise stated, Tenant will, at its sole expense, keep and maintain the Premises and Furnishings in good and sanitary condition and repair during this Agreement and any renewal thereof. Tenant's responsibilities include, without limitation, the following items, and any departure therefrom requires Landlord's prior written consent: a. Obeying all rules and regulations posted by Landlord regarding the use and care of the Premises, Furnishings, and Common Areas; b. Not obstructing the driveways, sidewalks, courts, entry ways, stairs, and/or halls, which may be used for the purposes of ingress and egress only; c. Not have any of the following prohibited items on the Premises or Property: illegal firearms or weapons, illegal drugs, hazardous or toxic chemicals or materials, or other items prohibited by law; d. Keeping all windows, glass, window coverings, doors, locks, and hardware in good, clean order and repair; e. Not building any fires or using grills on the Premises except in areas designated for such purposes by Landlord; E Not obstructing or covering the windows or doors; g. Not tampering or disabling any smoke detectors installed on the Premises, and contacting Landlord for instructions on how to proceed should any smoke detectors become disabled or need new batteries; h. Not leaving windows or doors in an open position during any inclement weather; i. Not hanging any laundry, clothing, sheets, etc. from any window, rail, porch, or balcony nor drying any of the same within any yard area or space; j. Not altering, rekeying, or installing any locks on the Premises, or painting or wallpapering the Premises; k. Not using or possessing any liquid-filled furniture, including, but not limited to, waterbeds and aquariums, on the Premises; 1. Not permitting waste matter of any kind to accumulate on the Premises or in the Common Areas; m. Not placing placards, signs, or other exhibits in windows or any other place where they can be viewed by other tenants or by the general public; n. Keeping all air conditioning filters on the Premises clean and.free from dirt; o. Keeping all lavatories, sinks,toilets, and all other water and plumbing apparatus in good order and repair and using the same only for the purposes for which they were constructed. Tenant may not allow any sweepings, rubbish, sand, rags, ashes, or other such foreign substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse will be borne by Tenant; p. Maintaining order at all times and at all places on the Premises and Common Areas, and not making or permitting others to make any loud or improper noises, disturb other tenants, or otherwise create a nuisance by interfering with the quiet enjoyment of other tenants or those in the surrounding area; q. Notifying Landlord of any damage or of any situation that may significantly interfere with the normal use of the Premises or to any Furnishings or other property supplied by Landlord; r. Keeping all radios, television sets, stereos, etc. turned down to a level of sound that does not annoy or interfere with other tenants or persons on adjacent properties; s. Not causing Common Areas to become disorderly or unkempt, t. Not causing harm to the Premises, negligently depicting the Premises' resources, or other-wise committing waste on the Premises; u. Depositing all trash, garbage, rubbish, or refuse in the locations provided therefore and not allowing any trash, garbage, rubbish, or refuse to be deposited or permitted to stand on the exterior of any building or within the Common Areas; v. Making all requests concerning security devices in writing; and w. Abiding by any and all rules and regulations affecting the Premises or the Common Areas appurtenant thereto that may be adopted or promulgated by Landlord or other entity leaving authority over the Property. 24. MAINTENANCE AND REPAIR; LANDLORD RESPONSIBILITIES. In addition to any responsibilities required by law, Landlord agrees to the following responsibilities:. a. Maintain the Premises in a safe and fit condition, including, but :not limited to, repairing any structural damages or weaknesses not due to Tenant's negligent or intentional acts; b. At Landlord's sole expense, make any repairs required in order for the Premises and its Furnishings to be in compliance with applicable building codes, unless the repairs were necessitated by the negligence or intentional acts of Tenant. If Tenant believes repairs are necessary, Tenant must contact Landlord and request such repairs; c. Maintain, repair, and replace, whenever necessary, the heating, plumbing, air conditioning, and electrical systems of the Common Areas; d. Maintain the general upkeep of the Common Areas and exterior surfaces of the buildings, except as otherwise provided herein. Such upkeep of the Common Areas will include, without limitation, maintaining adequate lighting, keeping walkways clear of debris and graffiti,maintaining parking lines and signage, and landscaping; e. Make a good faith effort to address any of Tenant's concerns about the neatness or cleanliness of Common Areas and the noise level and behavior of any other tenants on the Property; and L NONE 25. TENANT'S RIGHT TO WITHHOLD ,NT; OTHER ,MEDIES. Where a repair is the responsibility of Landlord, Tenant must notify Landlord with a written notice stating what item needs servicing or repair. Tenant must give Landlord a reasonable opportunity to service or repair said item. Tenant acknowledges that rent may not be withheld under any circumstance unless the failure to repair constitutes a substantial breach of this Agreement and a written notice has been served on Landlord at the appropriate location giving Landlord a reasonable time to make the repair. Reasonable notice will in no case be less than 30 days, but in emergency situations, Tenant must provide notice as soon as possible. 26. EXCESSIVE DAMAGE TO PREMISES. Excessive damage to the Premises or Furnishings by Tenant, invitees, agents, or guests is grounds for Landlord to evict Tenant. In the event that the Premises or ]Furnishings are destroyed or rendered wholly unlit for carrying on Tenant's business operations by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant or Tenant's invitees or guests, Landlord will commence repairs within 30 days of' receiving notice of such damage, returning the Premises and Furnishings to the condition they were in prior to the damage occurring. All repairs will be completed within 180 days of commencement if feasible. If Landlord fails to complete repairs within 180 days, then Tenant may choose to terminate the Agreement. Rent will abate from the date of such destruction or damage until repairs are complete. The rental payments required herein will then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises or Furnishings, with Tenant paying up to such date and Landlord refunding payments collected beyond such date. Should a portion of the Premises thereby be rendered unfit for occupancy, Landlord will have the option of either repairing such injured or damaged portion or terminating this Agreement. In the event that Landlord exercises its right to repair such portion., the rental payments due will abate in the proportion that the injured parts bears to the whole Premises, and such part so injured will be restored by Landlord as speedily as practicable, after which the full rent will recommence and the Agreement continue according to its terms. 27. OBLIGATION TO NOTIFY. Upon receiving notice thereof, Tenant will immediately notify Landlord of any defects, accidents, events, circumstances, conditions, or hazards on the Premises or any systems thereof that have caused, are causing, or may potentially cause injury or damage to the Premises or any person or property located therein or nearby. Tenant will notify Landlord by all instantaneous methods of communication available, including phone, email, mobile texting, fax, in person, or otherwise. 28. CONSTRUCTIVE EVICTION. When conditions beyond Tenant's control cause the Premises to become wholly unfit for carrying on Tenant's business operations due to damage by fire, water, nuisance, or other casualty, and Landlord is responsible for remedying those conditions but does not do so within a reasonable time after notification by Tenant, Tenant may vacate the Premises, terminate this Agreement, and withhold future rent. Tenant may also choose to pay a proportionate share of the rent according to the nature and extent of the damage sustained until the Premises has been rebuilt or made fit for the purpose of carrying on Tenant's business as conducted before the event causing the Premises to be unfit. Landlord will repay Tenant a prorated amount for any rent paid in advance covering the remainder of the period that Tenant is constructively evicted. 29. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the term,through no fault of Landlord or its agents, then Landlord or its agents will have no liability, but the rental payments herein provided will abate until possession is given. Landlord or its agents will have 30 days to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rent due starting Rom the date possession is tendered. In the event that possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder will terminate. 30. INSURANCE. It is acknowledged that, unless otherwise noted, Landlord does not maintain insurance to cover Tenant's personal property damage or loss caused by fire, theft, rain, water overflow/leakage, acts of God, and/or any other causes. Landlord is not responsible for any loss or damage to property owned by Tenant or Tenant's guests or invitees unless resulting from Landlord's intentional or negligent acts. Tenant must maintain any and all insurance required by law during the term of the Agreement. a. Tenant must take out and maintain the following types of insurance: i. All-risks insurance, including fire, flood, and earthquake damage, up to the full replacement cost of the Premises ii. Comprehensive public liability insurance 31. INSURANCE POLICIES. Tenant will provide Landlord with copies of all insurance policies required by this Agreement on the date of commencement of the term or when otherwise agreed in writing. Tenant will provide Landlord with 30 days' notice of any potential cancellation or material change that is to occur in an insurance policy required to be maintained by this Agreement. Tenant may not cause, allow, or omit to do anything on the Premises or in Common Areas that increases the rate of Landlord's insurance on the Premises or causes Landlord's insurance to become subject to cancellation without prior written consent of Landlord. Without waiving the foregoing statement, upon demand by Landlord, Tenant will pay the cost of an increase in such insurance occasioned by reason of Tenant's act, allowance, or omission. Tenant will also promptly cease and remedy all activity that caused an increase in such insurance. Landlord has the right to terminate this Agreement if Tenant's act, allowance, or omission causes a cancellation of Landlord's insurance or causes Landlord's policy to become subject to cancellation. 32. ENTRY OF PREMISES; NOTICE REQUIRED. Upon giving the appropriate notice to ZZ, Tenant, as specified below, Landlord and Landlord's agents have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements on the Property; to show the Premises to prospective tenants, purchasers, or lenders; to make any repairs, additions, or Alterations as may be deemed appropriate by Landlord for the preservation or improvement of the Premises, Furnishings, or Property; or to otherwise comply with this Agreement. If Landlord so chooses to make any repairs or improvements to the Premises, Landlord may not be liable to Tenant for constructive eviction or any consequential damages directly or indirectly suffered by any person or property, including, without limitation, any disruption of services provided to Tenant or disruption of Tenant's business, unless Tenant suffers a substantial hardship as a result of Landlord's actions such that there is a significant and demonstrable hardship, economic or otherwise, that impairs the business' continuing viability. Landlord and its agents further have the right to exhibit the Premises and to display the usual "for sale," "for rent," or "vacancy" signs on the Premises at any time within 90 days before the expiration of this Agreement. Landlord and Landlord's agents have the right of entry for the purpose of removing placards, signs, Fixtures,Alterations, or additions that do not conform to this Agreement or to any restrictions, rules, or regulations affecting the Premises. Tenant agrees to make the Premises available to Landlord or Landlord's agents to inspect,to make repairs or improvements,to supply agreed services, to show the Premises to prospective buyers or tenants, to address an emergency, or as provided otherwise herein. At all times Tenant must provide Landlord with the keys, codes, or other items necessary for unlocking all locks and devices permitting entry. Tenant further agrees to seek permission from Landlord in writing if Tenant seeks to install any security alarm system or other security devices and, if granted, to provide instructions on how to disarm such alarm or security devices in case of emergency. a. NOTICE REQUIRED. In the event that Landlord reasonably believes that an emergency exists, such as a fire or serious damage or serious danger to the continued welfare of the Premises or Furnishings, or reasonably believes that the Premises has been abandoned, Landlord will not be required to provide Tenant with advanced notice before entering the property. In all other situations, Landlord will be required to provide notice in compliance with state law. 33. SU13ORDINATION OF AGREEMENT. This Agreement and Tenant's interest hereunder are and will be subordinate, junior, and inferior to any and all mortgages, liens, or encumbrances now or hereafter placed on the Premises or Furnishings by Landlord; all advances made under any such mortgages, liens, or encumbrances (including, but not limited to, future advances); the interest payable on such mortgages, liens, or encumbrances; and any and all renewals, extensions, or modifications of such mortgages, liens, or encumbrances. 34. LIENS AND ENCUMBRANCES. Tenant must obtain Landlord's written consent prior to causing any work to be done on the Property that could result in any lien or encumbrance on an ownership interest in the Property, and Tenant is responsible for paying the cost of all such work unless otherwise agreed in writing. Tenant covenants that it will not cause any liens or encumbrance on the Premises or Property without Landlord's written consent, and will indemnify, defend, and hold Landlord harmless against any claim, loss, or other expense that may arise out of any such materials or services rendered. If any mechanical, construction, or other liens are created or filed against the Premises or Furnishings by reason of labor performed or materials furnished for Tenant in the erection, construction, completion, alteration, repair or addition to any building or improvement, Tenant will upon demand, at Tenant's own cost and expense, cause such lien or liens to be satisfied and discharged of record together with any lien claims that may have been filed. Failure to do so will entitle Landlord to resort to such remedies as are provided herein in the case of any default of this Agreement, in addition to such as are permitted by law. 35. TERMINATION; TENANT'S HOLD OVER. The tenancy will automatically terminate at the expiration of the term unless the Parties agree otherwise. If Tenant remains in possession of the Premises without Landlord's consent after the natural expiration of this Agreement, then Landlord may evict Tenant by providing the appropriate notice and taking the necessary steps according to state law. If Tenant remains in possession of the Premises with Landlord's consent after the natural expiration of this Agreement but without signing a new agreement for the Premises with Landlord, a month-to-month tenancy will be automatically created between Landlord and Tenant that will be subject to all of the terms and conditions hereof, Landlord will give Tenant 30 days' notice if there will be any change in the rental payment amount or frequency in the event of a periodic tenancy. Tenant and Landlord may not terminate this Agreement without 30 days' written notice if this becomes a month-to-month tenancy. Failure of Tenant to provide appropriate written notice to terminate a month-to- month tenancy will result in Tenant's continuing obligation under this Agreement for up to 30 days. 36. SURRENDER OF PREMISES. Upon the termination or expiration of the Agreement, Tenant must surrender the Premises and Furnishings in the same state and condition as they were at the commencement of this Agreement, except that Tenant will not be responsible for damage due to normal wear and tear or damage by fire,the elements, casualty, or other cause not due to, the misuse or neglect by Tenant or Tenant's invitees, visitors, licensees, or subtenants, If Tenant changed the color of the walls or made other such cosmetic changes, then Tenant must return the appearance of the Premises and Furnishings to the same state and condition as they were at the commencement of this Agreement unless otherwise agreed in writing. If any of Tenant's property remains on the Premises after the last day of the term of this Agreement, such property will be considered abandoned unless Tenant received the prior written consent from Landlord to leave such property. Landlord may keep all abandoned property or remove such property at Tenant's expense. 37. TAXES. Tenant is not required to pay property taxes but must pay any applicable sales or use taxes that may be levied on the Premises from time to time by the competent government authority unless the Parties agree otherwise. Tenant will only pay such taxes based on the portion of the tax period in which Tenant occupied the Premises. Tenant has the right to contest such taxes assessed in the name of Landlord. 38. RENT AND OTHER ADJUSTMENTS TO THE AGREEMENT. If Landlord pays a local tax based on rent and that tax increases, Landlord may pass through the increase by increasing the rent upon 30 days' notice to Tenant, but not before the new tax becomes effective. Landlord reserves the right to adjust the amount of the rental payments or any terms under this Agreement upon providing 30 days' notice at the expiration of the rental term by serving Tenant with written notice by certified mail. Landlord may make a corresponding adjustment in the security deposit after a rent increase. 39. QUIET ENJOYMENT. 1f Tenant remains in compliance with the terms of this Agreement, Landlord covenants that Tenant will peacefully and quietly have, hold, and enjoy the Premises and Furnishings. Note: Landlord promises to notify Tenant in the event that Landlord has applied for a permit to demolish the rental unit or in the event there are outstanding inspection orders, condemnation orders, foreclosure proceedings, or declarations that the Property is unfit, 40. EMINENT DOMAIN. If the Premises, any part thereof, or any part of the Common Areas that substantially impact Tenant's use of the Premises is permanently taken or condemned for a public or quasi-public use or purpose by any competent authority, this Agreement will terminate as of the date title vests as a result of the taking. Landlord will repay Tenant a prorated amount for any rent paid in advance covering the remainder of the period in which the taking occurs. 41. INDEMNIFICATION. Landlord will not be liable, and Tenant hereby waives all claims against Landlord, for any damage to any property or any injury to any person in or about the Premises or Property by or from any cause whatsoever, except to the extent caused by or arising from the gross negligence or willful misconduct of Landlord or its agents, employees, or contractors. Tenant will defend, indemnify, and held Landlord harmless from and against any and all losses, claims, liabilities, or costs (including court costs and attorney's fees) incurred by reason of(a) any damage to any property or any injury to any person occurring in, on, or about the Premises or Property to the extent that such injury or damage is caused by or arises from any actual or alleged act, neglect, fault, or omission by or of Tenant, its agents, servants, invitees, or visitors to meet any standards imposed by any duty with respect to the injury or damage; (b) the conduct or management of any work or thing whatsoever done by the Tenant in or about the Premises or Property or from transactions of Tenant concerning the Premises or Furnishings; (c) Tenant's failure to comply with any and all governmental laws, ordinances, and regulations applicable to the condition, occupancy, or use of the Premises, Property, or Furnishings; or (d) any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of 'tenant to be performed pursuant to this Agreement. The provisions of this paragraph will survive the termination of this Agreement with respect to any claims or liability accruing prior to such termination. 42. NON-LIABILITY OF LANDLORD. Landlord will not be liable for any damage or injury that may be sustained by Tenant or any other person, as a consequence of the failure, breakage, leakage, or obstruction of the water, plumbing, steam, sewer, waste, or soil pipes, roof, drains, leaders, gutters, valleys, downspouts, or the like, or of the electrical, gas, power conveyor, refrigeration, sprinkler, air conditioning, or heating systems, elevators, or hoisting equipment; or by reason of the elements; or resulting from the carelessness, negligence, or improper conduct on the part of any other tenant or of Landlord or Landlord's or this or any other tenant's agents, guests, licensees, invitees, subtenants, assignees, or successors; or attributable to any interference with, interruption of, or failure beyond the control of Landlord, of any services to be furnished or supplied by Landlord. 43. INTEREST AND COSTS FOR NON-PERFORMANCE. Until all outstanding monies owed to Landlord are paid in full, Tenant will pay Landlord monthly interest and other costs associated suffered by Landlord with Tenant's failure to pay any monies owed under this Agreement as they become due. Interest will be calculated based on the prime rate established by Landlord's bank plus the greater of 1% per annum and the maximum rate allowed by law. 44. ATTORNEYS FEES; JURY TRIALS. In the event any dispute arises between Landlord and Tenant concerning this Agreement that results in litigation, the losing Party will pay the prevailing Party's reasonable attorney's fees and court costs, which will be determined by the court and made a part of any judgment. It is acknowledged by the Parties that jury trials significantly increase the costs of any litigation between the Parties. It is also acknowledged that jury trials require a longer length of time to adjudicate the controversy. On this basis, all Parties waive their rights to have any matter settled by jury trial. 45. REIMBURSEMENT. If Tenant fails or refuses to comply with any of the terms and conditions of this Agreement, Landlord may carry out and perform such conditions at the cost and expense of Tenant, which amounts will be payable on demand to Landlord. This remedy is in addition to such other remedies as Landlord may have by reason of the breach by Tenant of any of the terms and conditions or this Agreement. Upon Landlord's written consent, Tenant may make improvements or repairs to the Premises or Furnishings, or undertake an obligation of Landlord's, and deduct the relevant expenses from rental payments. 46. WAIVER OF SUBROGATION RIGHTS. So long as their respective insurers so permit, Tenant and Landlord hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage, All Risks, or other now or hereafter existing for the benefit of the respective Party but only to the extent of the net insurance proceeds payable under such policies. Landlord and Tenant will obtain any special endorsements required by their insurer to evidence compliance with the aforementioned waiver. 47. DEFAULT. If Landlord determines that Tenant is in default of this Agreement, Landlord will provide Tenant with the appropriate written eviction notice as specified under state law and under which Tenant may have a limited number of days to cure the default unless otherwise excepted or agreed. Tenant's sole remedy for default or failure to perform obligations under this Agreement by Landlord is rescission. Unless otherwise agreed in writing, it is a default under this Agreement if any of the following occur: bankruptcy proceedings are instituted by or against Tenant's business, a receiver or trustee is appointed to manage all or substantially all of Tenant's business estate by reason of insolvency, Tenant assigns all or substantially all of Tenant's business estate for the benefit of its creditors, or Tenant prematurely vacates or abandons the Premises. 48. NON-WAIVER OF RIGHTS. Landlord's failure to require compliance with the conditions of this Agreement, or to exercise any right provided herein, will not be deemed a waiver by Landlord of such condition or right. Landlord's acceptance of rent with knowledge of any default under agreement by Tenant will not be deemed a waiver of such default; nor will it limit Landlord's rights with respect to that or any subsequent right. Notwithstanding any language in this Agreement to the contrary, none of Tenant's goods, equipment, Fixtures, or other chattels on the Premises are exempt from levy by Landlord's distress. Tenant hereby waives all rights of redemption and relief from forfeiture under law or equity now or hereafter existing that may result from Landlord's exercise of its right of distress. 49. EXTENDED ABSENCE. Tenant must notify Landlord of an anticipated extended absence from the Premises that will be in excess of seven days; however, the notice may be given as soon as reasonably possible after Tenant knows the absence will exceed seven days. 50. ABANDONMENT; EVICTION. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof, or if Tenant is evicted, Tenant will remain liable for any loss of rent for the remainder of the rental term, and Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatsoever. At this point, Landlord may, at Landlord's discretion, as agent for Tenant, re-let the Premises, or any part thereof, for the whole or any part of the then unexpired term and may receive and collect all rent payable by virtue of such re-letting. Landlord may then choose to hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term if this Agreement had continued in force and the net rent for such period realized by Landlord by means of such re-letting. If Landlord's right of re-entry is exercised following abandonment of the Premises by Tenant, then Landlord will consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any manner Landlord deems proper, and Landlord is hereby relieved of all liability for doing so. 51. RECORDING OF AGREEMENT; CERTIFICATE OF REGISTRATION. Tenant will not record this Agreement on the Public Records of any public office unless required by law. Unless recording is required by law, in the event that Tenant records this Agreement, this Agreement will, at Landlord's option, terminate immediately and Landlord will be entitled to all rights and remedies that it has at law or in equity. If required by law, Landlord will provide Tenant a copy of Landlord's Certificate of Registration, or any similar registration required, at the execution of this Agreement or commencement of the Agreement. If Landlord files an amended certificate during this Agreement, Landlord will furnish Tenant with a copy of the amended certificate within any applicable time limit after the amended certificate is filed with the municipal clerk, or with such other municipal official as is designated by the clerk or state or local law. 52. NOTICE. Any notice, service of process, or demands required or permitted under this Agreement or under law will be deenned sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: IF TO LANDLORD SEND TO: OCEAN MGMT. SERVICES LLC 100 NE. 6TH STREET UNIT 107 BOYNTON BEACH, Florida 33435 IF TO TENANT SEND TO- FRONT STREET DEVELOPMENT LLC 100 NE.6711 STREET UNIT ]08 BOYNTON BEACH, Florida 33435 Landlord and Tenant each have the right from time to time to change the place of notice by giving the other Party written notice of this change. Tenant must immediately notify Landlord of any emergencies, dangerous conditions, or defects in and about the Premises or Furnishings of which Tenant becomes aware. 53. TELEPHONE NUMBERS. Both Landlord and Tenant are entitled to know each other's telephone number, if any, at all times. Landlord and Tenant agree to notify each other within five calendar days of any change in their respective telephone numbers. Landlord's Telephone Number(s): 561 3693554 Tenant's Telephone Number(s): 860 3055178 54. GENERAL TERMS a. ENTIRE AGREEMENT. Tenant expressly acknowledges and agrees that Landlord has not made and is not making, and Tenant in executing and delivering this Agreement is not relying upon, any warranties, representations, promises, or statements, except to the extent that they are expressly set forth in this Agreement. It is understood and agreed that all understandings and agreements of the Parties are merged into this Agreement, which alone fully and completely expresses their agreements. b. RE LATION rSHIP OF THE PARTIES. Nothing contained herein creates any business relationship or any other type of relationship between the parties other than a landlord- tenant relationship. c. SURVIVAL OF TENANT'S OBLIGATIONS. All of Tenant's obligations and covenants arising by or during the term of this Agreement and that are not fulfilled at the termination of this Agreement will survive the termination of this Agreement. d. MODIFICATION. The Parties hereby agree that this document contains the entire agreement between the Parties and this Agreement may not be modified, changed, altered, or amended in any way except through a written amendment signed by all of the Parties hereto. c. SEVERABILITY. If any provision of this Agreement or the application thereof is held., for any reason and to any extent, invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities, or circumstances will be affected thereby, but instead must be enforced to the maximum extent permitted by law. f. CUMULATIVE RIGHTS. Landlord's and Tenant's rights under this Agreement are cumulative and will not be construed as exclusive of each other unless otherwise required by law. g. JOINT AND SEVERAL LIABILITY. If more than one person signs this Agreement, then the liability of the persons so signing will be joint and several. The language "joint and several" means that if more than one person has signed this Agreement, then each of these persons individually and all of these persons collectively are fully responsible for fulfilling all of the obligations of this Agreement, except where expressly otherwise agreed between Landlord and Tenant. For example, one person signing the Agreement may be liable for any or all damages to the Premises or Furnishings, even if caused by another person signing the Agreement, and one person signing the Agreement is liable for the total amount of rent due, even though other persons have also signed the Agreement. h. BINDING EFFECT. The covenants, obligations, and conditions herein contained will be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the Par-ties hereto. The obligations of Landlord under this Agreement will not be binding upon Landlord named herein with respect to any period subsequent to the transfer of Landlord's interest in the Premises as owner or lessee thereof, and in event of such transfer said obligations will thereafter be binding upon each transferee of the interest of Landlord. i. GOVERNING LAW. This Agreement will be governed, construed, and interpreted by, through, and under the laws of Florida. DESCRIPTIVE READINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of Landlord or Tenant. k. CONSTRUCTION. The pronouns used herein include, where appropriate, either ,gender or both, singular and plural. 1. SINGULAR/PLURAL. The terms "Landlord" and "Tenant" include the singular as well as the plural. m. NON-WAIVER. No indulgence, waiver, election, or non-election by Landlord Linder this Agreement will affect Tenant's duties and liabilities hereunder. n. TIME OF ESSENCE. Time is of the essence for this Agreement. o. FORCE MAJEURE. Performance of any obligation under this Agreement by any Party will be excused for the duration of any event or circumstance causing a delay in performance through no fault of the obliged Party, including, without limitation, war; reasonably unforeseen supply shortages; changes in law or regulation; strikes; riots; lock-outs; labor troubles; power outages caused by weather or third parties; and natural events, such as blizzards, torrential rain, or tornadoes. p. COUNTERPARTS; ELECTRONIC SIGNATURE. This Agreement may be executed in counterparts, including by fax, email, or other facsimile, each an original but all considered part of one Agreement. Electronic signatures placed upon counterparts of this Agreement by a Party or their approved agent will be considered valid representations of that Party's signature. Each Party acknowledges that it has read and understood all the terms of this Agreement and hereby agrees to be bound thereby, including any attached schedules, exhibits, or addendums. Tenant further acknowledges that it was under no duress in signing this Agreement and had full opportunity to negotiate the terms contained herein and to consult independent counsel. LANDLORD: Print: OCEAN MGMT. SERVICES LLC Date: Sign: TENANT(S): Print: FRONT STREET DEVELOPMENT LLC r Sign: o Date: 50 SCHEDULE A- FURNISHINGS This SCHEDULE A - FURNISHINGS is hereby incorporated into the COMMERCIAL LEASE AGREEMENT FOR FLORIDA entered into on February 01, 2018, by and between OCEAN MGMT. SERVICES LLC (hereinafter "Landlord") and FRONT STREET DEVELOPMENT LLC (hereinafter "Tenant") and associated with the real property situated at 100 NE-6TH STREET UNIT 108, BOYNTON BEACH, Florida 33435- All terms used herein are defined according to the Agreement. The Premises comes furnished with the following Furnishings: L SELF CONTANED COOKING STOVE -AIR COND. UNIT-FREEZER- COOLER LANDLORD- Print. OCEAN MGMT. SERVICES LLC Sign: Date: TENANT(S).- Print: FRONT STREET DEVELOPMENT LLC Sign: Date: —So czyi be r- 3. Records and reports available to Landlord (check one box below): o Landlord has no reports or records pertaining to lead-based paint and/car lead-based paint hazards in the unit. a Landlord has provided Tenant with all available records and reports pertaining to lead-based paint and/car lead-based paint hazards in the unit (list documents below): Tenant's Acknowledgment 4.Tenant has read the Lead Warning Statement above and understands its contents. 5. Tenant has received copies of all information, including any records and reports listed by Landlord above. 6. Tenant has received the pamphlet "Protect Your Family From. Lead in Your Home" or has access to it online at http://www.fsa.usda.gov/liitemet/FSA—File/pfflinyhbrochure.pdf. Real Estate Licensee's Aelmowledgment Each Party signing below acknowledges receipt by Tenant of the above disclosure. The Parties have read and understood all of the above terms and conditions and hereby agree to be bound thereby. LANDLORD: Print: OCEAN MGMT. SERVICES LLC Sign: Date. ? { TENANT(S): Print: FRONT STREET DEVELOPMENT LLC Sign: Date: SCHEDULE B - LEAD-BASED PAINT DISCLOSURE This SCHEDULE B - LEAD-BASED PAINT DISCLOSURE is hereby incorporated into the COMMERCIAL LEASE AGREEMENT FOR FLORIDA entered into on February 01, 2018, by and between OCEAN MGMT. SERVICES l._,LC (hereinafter "Landlord") and FRONT STREET DEVELOPMENT LLC (hereinafter "Tenant") and associated with the real property situated at 100 NE.6TH STREET UNIT 108, BOYNTON BEACH, Florida 33435. All terms used herein are defined according to the Agreement. WARNING! LEAD FROM PAINT, DUST, AND SOIL CAN BE DANGEROUS IF NOT MANAGED PROPERLY., Penalties for failure to comply with Federal Lead-Based Paint Disclosure Laws include treble (three times) damages, attorney's fees, costs, and a base penalty up to $11,000 (plus adjustment for inflation). The current penalty Is up to $16,000 for each violation. Disclosure for Target Rentals and Leases Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards Lead Warning Statement Buildings built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 buildings, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the building. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. Landlord's Disclosure to Tenant and Real Estate Licensee(s) and Acknowledgment 1. Landlord acknowledges that Landlord has been informed of Landlord's obligations. Landlord is aware that Landlord must retain a copy of this disclosure for not less than three years from the commencement of the leasing or rental period. 2. Presence of lead-based paint and/or lead-based paint hazards (check one box below): u Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the unit. oLandlord has knowledge of lead-based paint and/or lead-based paint hazards present in the unit (explain): Tenant also keeps copies of such evidence, HAZARD DETECTORS. Tenant acknowledges, that all smoke detectors, carbon monoxide detectors, and tire extinguishers were tested in Tenant's presence and found to be in working order, and that the testing procedure was explained to Tenant. Tenant agrees to test all detectors at least once a month and to report any problems to Landlord in writing, TENANT'S COPY. The Parties further agree that a copy of this joint inspection was provided to Tenant. The Parties have read and understood all of the above terms and conditions and hereby agree to be bound thereby. LANDLORD: Print: OCEAN MGMT. SERVICES LLC Sign: Date. TENANT(S): Print: FRONT STREET DEVELOPMENT LLC Sign: Date: Marina Cafe — Interior build-out improvements Marina Cafe is located on the Boynton each marina and will be a coffee/sandwich shop. The menu will be coffee, pastry, sandwiches, burgers, & smoothies. Limited food preparation. Interior build out permanent improvements are as follows: General Repairs/Improvements— prep & paint front of house, bathroom, back of house, replace baseboard Cost - $5,264 Floor— replace the floor Cost — Material $1,924.03 Labor - $5,000 Total - $6,924.03 Cabinets — replace existing cabinets Cost - $4,500 Counters — replace existing countertops Cost - $4,500 Lighting — replace 6 2x4 ceiling light fixtures, 4 new hanging pendant lights — change recessed to jbox Estimate — Material - $840 Labor - $740 Total - $1,580 Total Cost for Interior permanent build out items: $22,768.03 In addition to the permanent items, Items that will or already have been installed necessary for the operation and aesthetic of the shop: 3 commercial grade 36" caf6 tables with 12 chairs — $9,600 5 commercial grade bar stools for front window bar - $1,500 4 commercial grade bar stools for interior bar - $2,000 Couch, loveseat, 4 wingback chairs - $5,000 2 coffee tables -$500 Distressed white coffee station with reclaimed wood top - $1,200 Self ventilated stove, convection oven, and flat top grill - $20,000 8 Foot Cooler- $5,000 Commercial grade deli slicer - $2,200 2 outside steel coated with wicker tables - $600 8 outside wicker casbah chairs with seat cushions - $1,000 Various black and white nautical prints, various signed sports memorabilia, various coffee machines, espresso machine, equipment, etc... 3 flat screen TV's - $3,000 Total value of furniture and equipment: $55,000+ PH BUILDING ! INC 900 SW 15th Avenue No.: 2018-02REV2 Delray Beach, FL 33444 Date: 01/05/17 phone 56'1-365-33}6, #-ax_ 561-276-0399 Customer Information: Job Address: Billing Address: Company: New Coffee Shop Company: Name: Scott McKay Name: same Address: 100 NE 6 1hStreet Address: Former Cafe Suite City/State/Zip Boynton Beach, FL City/State/Zip Qty Description AmountEach Amount 1 Demo all slot wall panels and red counters 250 1 Minor drywall repair 150 1 Drywall skim coat all affected demo/repair areas 500 New toilet and lav sink 350 1 Glea� bathroom floor tile 1 Epoxy paint hath wall filo 1 Paint entire front of house wall 1000 1 Paint ceiling black 300 6 40 New hanging peRdanf lights (change recessed fivfi,ro 4 I\ 125 to ibex, deGGrative fixture to be provided by ner). 1 Modify cabinets/replace door and drawers/wood fronts By Closet Center 40sf New granite tops 50 By Precision 720sf New tile 4.50 By Precision 1 New 1 * 8 Baseboard ($274 material, $140 install) 414 1 Paint kitchen, bath tile, chalkboard 950 1 Additional cost for black ceiling 200 1 Additional cost for AC vents 150 Overhead/Profit 1000 TOTAL $5,264 Notes: Deposit given: $4,000. Balance due upon completion. No permits included as part of this interior "facelift". All garbage/debris to be removed. Balance due: $1,264 rPRECISWN STONE NATURAL STONE FABRICATORS 900 SW 15th Ave. ir 1K Delray Beach,FL 33444 ir 0 S 561-272-2229 P 561-279-0399 F www.PrecisionStoneCorp.com TO: JOB ADDRESS: PROPOSAL NUMBER: Scott Cafe Boynton Beach 180119 DATE JOB NAME TERMS OUOTE 1/19/20I8 CAFE 50% Deposit required Valid for 30 days QTY DESCRIPTION TOTAL Install the by Owner in cafe in Boynton Beach $5,000.00 Deposit required $2,000.00 BALANCE DUE $3,000.00 GENERAL CONDITIONS: The prices and terms on this quotation are not subject to verbal changes or other agreement(s) unless approved in writing by the Customer and PSC Building Group,Inc.d/b/a Precision Stone.Prices are based on conditions of the property on the date of this proposal along with current costs and are subject to adjustments if conditions change by causes unforeseen such as,accidents,price increases,requests for alterations by the customer,accidents or matters beyond our control. When quotation specifies material to be furnished by the purchaser, ample allowance must be made for reasonable waste and material must be of suitable quality to facilitate efficient production. Conditions not specifically stated herein shall be governed by applicable law. NOTE: UNLIKE MANUFACTURED PRODUCTS, NATURAL MARBLE, GRANITE AND OTHER STONES ARE SUBJECT TO VARIANCES IN COLOR AND STRUCTURE, ADDING TO THEIR INDIVIDUAL CHARACTER AND BEAUTY. Make all checks payable to: Precision Sione 900 SW 151h Ave. Delrtry Beach, FI 33444 Signature of Acceptance Date Pre 'sio ne Representative Date 3/5/2018 Workspace Webmail::Print ------------------------------------------ # of Units 1 Customer Scott McKay Customer ID 1330E4534 Low Prices, Everyday Floor 6Decor Return Policy Returns must be made within 90 days of when you receive the product. Whether you've purchased the item in store or online you may return unopened, unused, resalable items to any Floor & Decor store location. Used or opened tools, it verified to be defective, can be exchanged within 90 days of purchase. Installed Merchandise Policy MAKE SURE TO INSPECT ALL MERCHANDISE AT THE TIME OF PICK UP. It is your responsibility to inspect and verity the type of merchandise purchased, quantity, dimensions, model number, color, dye lots for porcelain and ceramic products, and to verify all labels on wood product to ensure accuracy prior to leaving the store. Some product descriptions may include nominal site instead of actual size. Floor & Decor is not responsible for any loss or claim due to faulty installation. It is the responsibility of the customer to validate the credentials, references, insurance and certification of installers before any work begins. Claims for product damage or shortages must be made upon receipt of product. Thoroughly inspect and measure all products before installation as use will constitute acceptancc. Installed flooring cannot be exchanged or returned for any reason. F&D Express Orders Once tendered, all FAD Express Order sales are final and non-returnable. Damaged or detective merchandise can be exchanged for identical product within 90 days of purchase. Order can be cancelled on same day of purchase only. THAIIF YOU FOR SHOPPING FLOOR & DECOR hups://emai[Ol.godaddy.com/view—print—multi.php?uidArray=IIINBOX.Marina%20Cafe&aEmiPart=O 3/6 3/5/2018 Workspace Webmail:-.Print Date 01/19/:018 Time 12:24 PM ----------------------------------------- Storage Buy Order SB013304581377257 Store 133 Register 4 Associate 29478 Daphney --- ---- ---- ----- POR EX24 HARD CREAM T 100193704 728 @ 2.47 1,798.1E customer is coming later today or tomorrow. FL-BOY11TON BEACH, 125.0? ---------- -------------------------------- I Storage Buy Amount: 1,924.03 ------------------------------------------ 4 of units 728 Customer Scott McKay Customer ID 1330E4534 ------------------------------------------ Pickup Date: 01/2E/2018 12:24 PM Authorized Pickup Personis): PRECISION ------------------------------------ 111111111111111111 IN 111111111 �UQ123Q45QUZZ.257 Floor & Decor is pleased to otter 14 days of tree storage from the date of Purchase. Please see https://vw.flooLanddecor.r-(jm,l policies/storage,indl)ickiLir...htm1 for all storage and pickup terms and conditions. Customers electing to pick up merchandise from any Floor & Decor location are responsible for providing a sate and adequate vehicle for transportation. CUSTOMER ASSUMES FULL RESPONSIBILITY FOR LOADING AND/OP. TPANSPORTATION OF MERCHANDISE AND RELEASES FLOOR & DECOR FROM ANY LIABILITY, DA14AGES OP. CLAIMS ARISING OUT OF CUSTOMER'S PICK UP AND/OR jjjj TRAIISPORTATION OF MERCHANDISE. THANK YOU FOR SHOPPING FLOOR & DECOR https://email0l.godaddy.com/view—print—multi.php?uidArray=IIINBOX.Marina%2OCafe&aEmiPart=O 4/6 THE N ff AM 0 Al%k At EINVOICE DATE DESIGNER 920 S.W. 15th Avenue....LUXIETCE Jan-24, 2018 E. Fajardo Delray Beach, Florida 33444 DELRAY (561)278-0668 VW00" I " E FL TOLLFREE (800)287-7513 EL 0 FAX (561)278-2046 11 EMAIL info@closetcenterfla.com CLIENT IN-2018-000342 McKAY, Scott JO-2018-000342 5004 Whispering Hollow, Palm Beach Gardens, FL 33418 QUANTITY UNIT PRICE TOTALAMOUNT 01 Cabinet Coffee ( White ) $4,500.00 As per Drawing SUBTOTAL TOTAL DEPOSIT $2.2-5-0. 0 BALANCE DUE $2,250.00 We appreciate your business! i t`{ STONE NATURAL: STONE FABRICATORS 900 SW 15th Ave. I N V 0 1(0.", E Delray Beach,FL 33444 561-272-2229 P 561-279-0399 F www.PrecisionStoneCorp.com TO: JOB ADDRESS: INVOICE NUMBER: Scott McKay Cafe at Marina Village 180213 7 Jonathan Drive 625 Casa Loma Blvd Ellington, CT 06029 Boynton Beach, FL 33435 DATE JOB NAME TERMS 2/13/2018 MARINA VILLAGE CAFE Due upon receipt QTY DESCRIPTION TOTAL Supply, fabricate and install Granite counter top Material: New Caledonia 3CM 2 Slabs Sub total $4,500.00' Deposit paid ($2000.00)' BALANCE DUE $2,500.00 GENERAL CONDITIONS: The prices and terms on this invoice are not subject to verbal changes or other agreement(s)not in writing and approved by Precision Stone. Make all checks payable to: Precision Stone 900 SW 15th Ave. Delray Beach, FL 33444 PSC BUILDING GROUP, INC PROPOSAL 900 SW 15th Avenue No.: 2018-14 Delray Beach, FL 33444 Date: 04/05/18 phone: 561-305-3309, Fax: 561-279-0399 Customer Information: Job Address: Billing Address: Company: New Coffee Shop Company: Name: Scott McKay Name: same Address: 100 NE 6 th Street Address: Former Cafe Suite City/State/Zip Boynton Beach, FL City/State/Zip Qty Description Amount Amount Each Replace 2 x 4 fluorescent fixtures with new fixtures. Replace recessed lights with pendants Total labor and materials $1,580 TOTAL $1,580 Notes: t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CONSENT AGENDA AGENDAITEM: 10.L. SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the amount of $10,800 for Beacon Consulting Engineers, LLC located at 625 Casa Loma Blvd, Suite 106 in Marina Village SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides eligible new or existing businesses located within the CRA district with rent payment assistance for a maximum period of 12 months within the first 18 months of a multi-year lease. The CRA has received a complete grant application from Beacon Consulting Engineers, LLC, a commercial tenant in Marina Village, 100 NE 6th Street, Unit 106, Boynton Beach, FL 33435 (see Attachment I & 11). Beacon Consulting is an engineering firm providing a full range of mechanical, electrical, and plumbing engineering services to private and governmental clients. Beacon Consulting Engineers, LLC is applying as an existing business which expanded to occupy more than 50% of its current square footage. They were previously renting a 400 sq. ft. space in Marina Village in Unit 102 and expanded to Unit 106 with 950 sq. ft. Under the terms of their lease agreement as a tenant of Marina Village, the required base rent is $1,800 per month (see Attachment 111) and falls under the category of a Tier I I business (as specified in the grant application). If approved, the applicant is entitled to receive reimbursement for half of the monthly rent amount or maximum grant amount of $900 per month for a 12 month period, whichever is less. The applicant meets the eligibility requirements under the Commercial Rent Reimbursement Grant Program guidelines and if approved, will be reimbursed on a quarterly basis with proof of rent payments. FISCAL IMPACT: $10,800 — FY 2017 -2018 Project Fund, line item 02-58400-444 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Rent Reimbursement Grant not to exceed $10,800 to Beacon Consulting Engineers, LLC located at 625 Casa Loma Boulevard, Unit 106, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Rent Reimbursement Grant Application D Attachment II - Location Map D Attachment III - Lease ` BEACH October , r 30, 2018 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and RegC ti The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA") District. The program is designed to provide financial assistant to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation. The CRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the CRA District. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term "new business" means a company in operation for less than six months or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the CRR District for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initials Page 1 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (562)737 -3258 www.catchboynton.com Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance in the form of a reimbursable grant in the form of a quarterly rent reimbursement. The time period of eligibility for assistance is up to six months from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, City and County licenses are obtained and the business is open for operation. The CRA will issue reimbursement on a quarterly basis directly to the applicant for the monthly rent payment made to the landlord upon receipt and verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor the CRA neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Must be located within the CRA District (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 50% of its current square footage size. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the CRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, within the sole discretion of the CRA, as an eligibility lnitia1s.S,LM_q_ Page 2 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737 -3258 www.catchboynton.com requirement for funding. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher to be eligible. If one or more business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease (two year minimum). • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the CRA the rights and use of photos and project application materials. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales ® Convenience Store • Religious Affiliated Retail Stores ® Churches • Non Profits ® Fitness Centers over 4,500 sq.ft. • Check Cashing Stores 0 Take-Out Foods • Adult Entertainment 0 Liquor Stores • Adult Arcades 0 Vapor Cigarette, E Cigarette Stores • Kava Tea Bars 0 Pawn Shops • Alcohol and/or Drug Rehabilitation 0 Tattoo Shops/Body Piercing/Body Centers/Housing Art Shops Medical Research Centers/Housing 0 Any other use that the CRA staff or Massage/Personal Services CRA Board have determined not to support the redevelopment of the CRA District Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of CRA Board approval. Initials Page3 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (S61) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com Tier One Business (Full-Service Restaurants Only) Tier One Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or $1,250 per month, whichever is less (maximum amount of the grant is $15,000). Only full service restaurants with a minimum total seating capacity of 50 seats are eligible to be in Tier One. The restaurant must have hours conducive for the development of the downtown serving at least lunch and dinner. Proof of seating capacity shall be confirmed by a copy of the City of Boynton Beach Local Business Tax Receipt. Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or $900 per month, whichever is less (maximum amount of the grant is $10,800). Tier Two Businesses must be one of the following types of businesses: * Restaurants with total seating 0 Clothing Boutique -- clothing, shoes capacity under 50 & accessories * Gourmet Food Market a Bakery * Bed and Breakfast 0 Medical Offices * Marketing Offices 0 Accounting Offices * Law Offices a Real Estate Offices Fitness Center less than 4,500 sq.ft 0 Insurance Offices (no more than 2 approvals per fiscal 0 Florist (no more than 2 approvals year) per fiscal year) * Specialty Businesses — stationary, ® Hair/Nail Salons (no more than 2 gifts, sporting goods approvals per fiscal year) ® Home D6cor/Design — home furnishings, art galleries, kitchen wares Initials) MV Page 4 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: * A description of the space being rented, including square footage and a drawing of the space; * Description of utilities that the tenant's responsibility-, * Rental rate and deposits along with terms of lease and methodology for future rent increases,- * Responsible party for interior and exterior repairs and/or improvements; * Insurance requirements; * Ability to terminate-, and, * Consequences of default on the lease. Subletting of the property by grant recipient is prohibited. Violation will constitute repayment of CRA grant funding. The CRA considers the following to be Subletting.- Any business entity in which the A) grant recipient is not listed as the registered agent, owner, officer or director of said business-, B) lists its place of business as the leased premises of the grant recipient,- or C) has obtained a business tax license from the City of Boynton Beach for the grant recipients' leased premises or any part thereof. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Application Process Applications can be obtained from the CRA office located at 710 North Federal Highway, Boynton Beach, FL 33435 or downloaded from www.catchboynton.com, All applicants are required to meet with CRA staff in order to determine eligibility before submitted an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. lnitialsjiW_ Page 5 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737 -3258 www.catchboynton.com Applicants must submit an original, "hard copy" application with all materials to the CRA for review and approval by the CRA Board. Applicants will be considered on a first- come, first served basis. Application packets must include the following documentation: 1. A non-refundable fee of $100 is required to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Resume for each principal/owner of the business. 3. Copy of the corporate documents for the applying business entity. 4. Copy of City and County Business Licenses (Business Tax Receipt). 5, Copy of executed multi-year commercial lease agreement. 6. Two years of corporate tax returns (for existing businesses only). 7. Two years of personal tax returns for the principal/owners of a new business. 8. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 9. If an existing business must expand to occupy more than 50% of its current square footage size. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the CRA Board if the tenant is losing their current space due to redevelopment of the site, 10.Completed and signed application (attached). 11 .Authorization to perform credit check for the business and each principal/owner of the business (attached). 12.W9 Form (attached). Approval of Funding Request All rewired documentation must e submitted no later than noon on the first Tuesday of the month. CRA staff will review the application to verify that the project is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and approval, The CRA Board meets on the second Tuesday of each month. The schedule for CRA Board meetings can be obtained at www.catchboynton.com. Applicants will be notified of the date and time that their applications will be considered by the CRA Board. lnitialsjN— Page 6 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435–Phone: (561.) 737-3256 Fax: (561) 737 -3258 www.catch boynton,com The CRA recommends that applicants attend the CRA Board meeting during which the Board will consider their applications in order to answer any questions the CRA Board may have regarding their applications. CRA staff will notify the applicant of the CRA Board's approval or denial in writing. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Site Visits CRA may conduct a site visit prior to transmitting the application to the CRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant agreement. Procedures for Reimbursement Quarterly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to CRA Board approval. A maximum of 12 consecutive monthly rent payments will be reimbursed to the approved applicant. Each report shall be made within 10 days of the start of the next applicable quarter beginning on January 1St, April 1st, July 1St and October 1s' following the initial Reimbursement Request. In order to receive quarterly rent reimbursement the grant applicant must submit the following-, 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that quarter's reimbursement or proof of direct deposit). If applicant does not submit its quarteriv reimbursement re oast within 30 da s followin the end of the quarter in which applicant is requesting reimbursemeqLgp�Iicant forfeits that guarter's reimbursement. Initials J 0XV Page 7 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737 -3258 www.catchboynton.com Discontinuation of Payment The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent reimbursement payments at any time according to its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the CRA to any third party. The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the CRA to award grant funding. lnitials Page 8 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737 -3258 www.catchboynton.com C' RA BOYNTON isiiiiBEACH APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): 9 Current Business Address: CAI-co t 4 SLA► c otr 3 Fed I D#: 2- Business Phone Number: 1— °7 o Fax: Website: I\ -e yl Existing Business: Yes °� No Number of years in existence: _ I t ` Time at Current Location: o New Business to Boynton Beach: Yes No _ Do you have an executed lease agreement: Yes No If so, monthly base rent: New Business Address: Square footage of current location: Square footage of new location: Type of Business: f51 Number of Employees: 7 Hours of Operation: - 9 Page 9 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON ' CRA WOMBEACH APPLICANT INFORMATION PRINCIPAUOWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used)g 1. Principal/Owner Name: Date of Birth: C I 1 A 0? Email: t Y1 - fti - Residential Address: 2,646 rig Ic Cell Phone Number: i "7 2. Principal/Owner Name: 0 Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 10 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(551)737-3255 Fax: (561) 737-3258 www.catchboynton.com B CR,A OYNToN BEACH APPLICANT INFORMATION Are you applying for grant assistant under any other program offered by the CRA? (Tier One Businesses Only): Yes No If yes, what additional programs are you applying for: Are you receiving grant assistance under any other governmental agencies: Yes_No_ If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: ¢ It Landlord Name: � C Landlord's Mailing Address: t Landlord's Phone Number: 51 - 57 CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Boar Initials Page 11 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON '�% r*,, y fi t 1A M¢ M 111ka B E AC H APPLICANT INFORMATION I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the ward will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the Boynton Beach Community Redevelopment Plan. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Initials Page 12 of 13 Rent Reimbursement 710 forth Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737 -3258 www.catchboynton.com BOYNTON fomllli fir, k BEACH LANLORD INFORMATION LANDLORD SIGNATURES: 1. Landlord's Signature ! ` ate Printed Name t Title 2. _ Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures tl Multiple rotary pages may be used if signing individually STATE OF C a� COUNTY OF BEFORE ME, an officer duly authorized by lave to administer oaths and take e Wally appearedyj ?e k4 , who is/are Ce�rso7nallyknownto me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of - - 20 NOTA Y PUSLIC My RMA UEZ-CODY#GG199207Page 14 C1f 14 21,2022 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561) 737 -3255 Fax: (561) 737 -3258 www.catchboynton.com BOYNTON r"o011,k BEACH %.0 k, s INFORMATIONAPPLICANT APPLICANT SIGNATURES: �. Principal/Owner's Signature � ate P r �` Printed Name Title 2. Principal/Owner's Signature Date Printed (Name Title 3. Principal/Owner's Signature Date Printed Name Title 4, Principal/Owner's Signature Date Printed Name Title Notary as to PrinelpallOwner's Signatures ro Multiple notary pages may be used if signing individually STATE OF 1Q1 G1 COUNTY OF ?alai je 06� BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared__i,p6\1 UOiA who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and offic'al seal in the State and County aforesaid on this..—qtlh day of n ) 20 NOTAR PJIM 1C _ My Commie 49lb ROBERT RODRIGUEZ•CODY MY COMMISSION 4 GG199207 Page 13 of 14 �F ,° EXPIRES:March 21,2022 O iw Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com i N All BOYNTON BE a N AUTHORIZATION TO PERFORM A CREDIT CHECK FOR PRINCIPAL/OWNER The applicant herby consents to and authorized the Boynton Beach Community Redevelopment Agency's ("CRA") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the CRA, including independent contractors and credit agencies retained by the CRA for such purpose. Any information provided to the CRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the GRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives and all claims, past, present or future, which the applicant may have against the CRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein give to the CRA. An authorization to Perform Credit Check needs to be complete by each Principal/Owner and by the Business. Please us a separate form for each principal/owner: Principal/Owner Name: JONM \Wft7AA6(< Date of Birth: & Current Home Address: &i oi 9ri Previous Home Address: -- — Email: _��M C e, A— Phone Number: Signature: Date: 720 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com y a BOYNTON W B E AC HAUTHORIZATION TO PERFORM A CREDIT CHECK FOR B!LSINESS The applicant herby consents to and authorized the Boynton Beach Community Redevelopment Agency's ("CRA") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the CRA, including independent contractors and credit agencies retained by the CRA for such purpose. Any information provided to the CRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the CRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives and all claims, past, present or future, which the applicant may have against the CRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein give to the CRA. An authorization to Perform Credit Check needs to be complete by each Principal/Owner and by the Business. Business (dfbfa if applicable): Federal Tax ID - Current Business Address: _ �� , , Cada State of Corporation: C� BmaN: / � Phone !Number: _ 4 � — 27 0_�__ Fax Number: Signature: Date: 0 is Title: 4 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (.561) 737 -3256 Fax: (561) 737 -3258 www,catchboynton.com Form w-9 Request for Taxpayer Give Form to the (Rev.December 2014) requester. Do not Department of the Treasury Identification Number and Certification Internal Revenue Service send to the IRS. I Name(as shown on your income tax return).Name is required on this line,do not leave this line blank 2 Business name/disregarded entity name,if diff nt from above cu cL 3 Check appropriate box for federal tax classification check only one of the following seven boxes C 4 Exemptions(codes apply only to certain entities, not individuals, see 0 0 Individual/sole proprietor or C Corporation S Corporation [:] Partnership E] Trust/estateinstructions on page 3): 0) C: single-member LLC CL Z, Limited liability company. Enter the tax classification(C=C corporation, S=S corporation, P=partnership)01 Exempt payee code(if any) I XL :5 0 Note. For a single-member LLC that is disregarded,do not check LLC,check the appropriate box in the line abovebf-or Exemption from FATCA reporting 15 V the tax classification of the single-member owner. code(if any) Other(see instructions) 01 "L- 5 Address(number,street,and apt.or suite no.) 0 Requester's name and address(optional) W V) Q) 6 City,state,and ZIP code W U) 7 List?J.t number(,)lhl,,ldp6u.bVII) Enter your TIN in the appropriate box. The TIN provided must match the name giver?on line 1 to avoid social security number �_� backup withholding. For individuals, #his is generally your social security number(SSN). However,for a resident ellen,sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other TIN onpage o entities, It is your employer identification number(EIN). Ef you do not have a number, see W get a �-��_�� r Note. If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. T F_ Pel _ I 013��07 I Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me):and 2. 1 am not subject to backup withholding because:(a) I am exempt from backup withholding, or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified me that I am no longer subject to backup withholding, and 1 1 am a U.S.citizen or other U.S.person(defined below):and 4. The FATCA code(s)entered on this form (if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement(IRA),and P I generally,payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN.Seethe Instructions on page 3. Sign Signature of so Here U.S.person I, Date 11 mortgage 7n,a General Instructions Form 1098(home mortgage interest).1098-E(student loan interest).1098-T (tuition) Section references are to the Internal Revenue Code 40essothenvise noted. Form 1099-C(canceled debt) Future developments information about developments affecting Form VV-9(Such Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at rvwwJrs.gov1iyv9, Use Form VV-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding, See What is backup withholding?on page 2 which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,YOU: number(ITIN),adoption taxpayer identification number(ATIN),or employer I 1.Certify that the TIN you are giving is correct(or you are waiting for a numberdentification number FIN),to report on an information return the amount paid 'o10 be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2 Certify that you are not subject to backup withholding, or Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding If you are a U.S.exempt payee.if Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U S.trade or business is riot subject to the •Form 1099-MISC(various types of income,prizes.awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and Form 1099-6(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting,is correct. See What is FATCA reporting?on Form 1099-5(proceeds from real estate transactions) page 2 for further information. Form 1099-K(merchant card and third party network transactions) Cat.No, 10231X Form W-9 (Rev.12-2014) 4 � I BC)YNTran e ® � 0 0 0 0 _. a Speial Aft MW 0u q-,a q GROWYOUR S�s�`ittS,t)F Itl 1{t ik (h� 14i t t,. n^ Sit 5 1 is.{lt �y�1 fc�E 1a 4t{s�{U;Ytt�t� �f@`Ftt? 3t1fy �Sptj +��rF hxtF��jt; �txt £)l �s{t1t�y "' ��t�� vt� i��3)#ta p£� bt)�t1�� a�tt )r,t :��i ��er 9z fei,{iXt9t 1 � ��`i ��. `�b�?. S Y{ 3,1, ��n Cpl (� Ii �{��f{+ Zif{lt£.,, �,£�,fl�,;Yhtfl,si Sf`i�'£) e1t�i\ ,t,� tf� {f`,ttt il�t tst;sfr$ `it'` n;yl°rs. ® 6 s m m BUSINESS ! goal, C h qqgg i u-si a k,:,£s5 �i ith,.L R. , i a 7 � � here fl ep�� i��g 7i t 'x9 h ¢, Sgt' _ , ..fC .zeG .. . � s r .-e t�E�,re to tea.c ��.� fl-w" rocAs R n q y a m m s M .,_ r $ ,f' „ q q y ,r�ry9 ��i $ y� t) �.1h'1 i #� k.� visa; o �ost-1A..-I � Y L.t�.3�g .�..�.,� 'Li a.v n G -ed,li t,k C& NT,AXT INFO � t Jo � r \JAI -z LA � 6 1 a �� a. � ,r r jr t V) ' �1e } 4n� 1 i yl � x ) , 1E- i r, a . tn`y f sy rn : ! „ s c I 4` 1 1zl � F Lease Agreement For Beacon Consulting Engineers Vision Quest Management, LLC hereinafter referred to as LESSOR, hereby leases to Beacon Consulting Engineers hereinafter referred to as LESSEE, an area containing nine-hundred-fifty (950)square feet known as 625 Casa Loma Blvd., Suite 106,Boynton Beach,Florida 33435 as shown on the attached Exhibit"A"on the following terms and conditions: 1. TERM: Said premises are leased for a term of Thirthy-six months (36) months commencing on September 1, 2017, and ending on September 1,2020,unless sooner terminated or extended as provided herein, 2.COMMENCEMENT DATE:The rental commencement date of this lease shall be September 1,2017. 3. RENTAL: The total gross rental for the first thirthy-six (36) months of this lease shall be Sixty-four Thousand Eight Hundred and 001100 Dollars ($64,800.00). Payment shall be made in the amount of Eighteen Hundred and 001100 Dollars ($1,800.00)each and every month,with the first payment due on September 1,2017. Adjustments to the total gross rental shall be made at one-year intervals for the term of this lease, commencing two years from anniversary date of this lease.The amount of any annual adjustment in the total gross rental,together with the total gross rental, shall thereafter be payable in twelve(12)equal monthly installments commencing with the first of the month following notification of the increase to LESSEE.The adjustment to the gross rent shall be by the CPI index, unless the adjustment would result in an increase of less than 3%over the previous year's base,in which case the increase shall be a minimum of 5%increase. In addition, LESSEE shall pay applicable Florida Sales Tax with each installment of rent. The monthly payment of Eighteen Hundred and 00/100 Dollars($1,800.00),and the current sales tax of 7.0%(or)One Hundred Twenty-Six and 00/100 Dollars ($126.00), makes the total monthly gross with tax: One Thousand Nine Hundred Twenty-Six and 001100 Dollars($1,926.00). All payments shall be made to LESSOR at 2046 Valencia Drive,Delray Beach,FIL 33445 or such other place and to such other person as LESSOR may from time to time designate in writing. Faithful payment by LESSEE of the rent at the time stated shall be of essence in the performance of this lease. In the event any monthly installment of rent, utility, or installment of security/last month,is not paid within seven(7)days after it is due and payable as set forth in this lease, lessee agrees to pay a late charge, an amount equal to Fifty Dollars($50.00). If any monthly installment of rent is not paid within(15)days after it is due and payable as set forth in this lease, lessee agrees to pay an additional late charge in an amount equal to One Hundred Dollars (100.00). Any late payment charges assessed pursuant to this paragraph shall be deemed additional rent. Furthermore, in the event lessee tenders any payment(s) by check to lessor as required under this lease, which payment(s) are returned unpaid to their bank due to insufficient funds, uncollected funds or for any other reason, tenant agrees to promptly pay to lessor an additional sum equal to One Hundred Dollars ($100.00), plus applicable late charges and bank charges. Said service charge shall be considered due as additional rent, In such event, lessor may, at its option, request lessee's replacement payment and all future rental payments to be in the form of cash,cashier's check or money order. � � Uponexecution of this lees* Lessee shall pay the sum of Two Thousand Seven Hundred Fifteen and 75M0ODollars($2Jl5.75)representing the following: *1.Q2O.8OFirst Month's Rent($1.88O.U0base rent+$12G,0O.7.U%sales tax) .' *1.82G,0OSecurity Deposit(nm+|nteres Bearing) $5^778.0OTotal Due 5. USE: The premises shall be used for storing and repairing equipment pertaining hu LESSEE'S business, warehousing and related aoUvidnu, and for no other purpose without LESSOR'S prior consent. Nooutside containers, p|usdo barrioodes, or parts are tobeleft outside. ' 6. PARKING This lease includes two(2)reserved parking spaces. 7. SIGNS: LESSEE shall secure written approval of LESSOR prior to installation at LESSEE'S expense of any and all signs. At termination of the lease, LESSEE shall have removed at his expense any and all signs LESSEE has installed in any areas other than that approved byLESSOR. 8. UTILITIES: The leased unit shall be individually metered for electric and LESSOR shall be responsible to the utility company for cost of these services. LESSOR shall provide normal water and sewer usage, and minimum trash collection at LESSOR'S expense. 9. MAINTENANCE: LESSOR agrees to make all repairs to the exterior of the building on the demised premises and alleys owned by LESSOR, LESSEE agrees to make and pay for all repairs and maintenance to the interior of the demised premises, including light fixtures and other items that are$200.00 or less. LESSOR shall promptly replace any plate glass which may be broken or damaged with glass of like or quality. Repairs to the heating and air conditioning equipment (including damage resulting from any burglary) by LESSOR shall be deemed to include the cost of the replacement of all parts, filters and/or refrigerants when needed.LESSEE,at its own expense,shall arrange for a recognized heating and air conditioning contractor to perform maintenance of such air conditioning equipment on a regularly scheduled basis and will furnish the name of the contractor and a copy of the maintenance program to LESSOR. LESSEE shall not permit any liens to be attached to the demised premises by reason of any labor or materials used in repairs or alterations by LESSEE. LESSEE shall provide its own pest control and janitorial services for the premises. 10.ACCESS TO PREMISES: LESSOR shall at all times have access to the leased premises.LESSEE shall obtain all keys to the demised premises from LESSOR, and LESSEE shall return all keys received to LESSOR on termination of this lease. During the three (3) months prior to expiration of this lease or any renewal thereof, LESSOR may exhibit the premises to prospective tenants. LESSOR shall at all times have the right to enter the premises and alter or repair the equipment, or use the workstation allocated for the LESSOR, of which the lease premises are a part. LESSOR may erect scaffolding and all other necessary structures, and LESSEE shall not claim or be allowed any damages for injury or inconvenience occasioned by LESSOR making alterations or repairs to the building of which the leased premises are a part. LESSOR shall, when making repairs and alterations to the building, do so in a reasonable amount of time so as to avoid as much as possible interference with LESSEE'S day-to-day business. LESSOR shall not in any event be liable for any loss,theft, damage or injury to property or person of LESSEE or any occupant of the premises. If door locks need to be changed,LESSEE is responsible for locks changed.LESSOR is required to have a copy of keys on file. 11. LESSOR'S INDEMNITY: LESSEE covenants and agrees with LESSOR that during the entire term of this lease, the LESSEE will indemnify and save harmless the LESSOR against any and all claims, debts, demands or obligations which may be made against the LESSOR or against the LESSOR'S title in the premises,arising by reason of, or in connection with, any alleged act or omission of the LESSEE or any person claiming under, by or through the LESSEE; and if it becomes necessary for the LESSOR to defend any action seeking to impose any such liability,the LESSEE will pay the LESSOR all costs of court and attorney's fees incurred by the LESSOR in effecting such defense,in addition to any other sums which the LESSOR may be called upon to pay by reason of the entry of a judgment against the LESSOR in the litigation in which such claim is asserted. From and after the time when the LESSEE commences actual use and occupancy of the demised premises, or any parts thereof, the LESSEE will cause to be written a policy or policies of insurance in the form generally known as Public Liability and/or Owner's, Landlord and Tenant Policies, insuring the LESSEE against any and all claims and demands made by any person or persons whomsoever for injuries or damages received in connection with the operation and maintenance of the premises, improvements and buildings located on the demised premises or for any other risk insured against by such policies. The policies shall be with an insurance company acceptable to LESSOR and shall have limits of not less than $500,000.00 for damages incurred or claimed by any one person for bodily injury, or otherwise, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury, or otherwise, plus $50,000.00 damages to property. All such policies shall name the LESSEE and the LESSOR, as their respective interest may appear, as the persons insured by such policies; and the original or a duplicate original of each of such policy or policies shall be delivered by the LESSEE to the LESSOR promptly upon the writing of such policies,together with adequate evidence of the fact that the premiums are paid. 12. ALTERATIONS: LESSEE agrees that the premises are in a tenantable and good condition and that no representations as to the condition thereof or as to terms of the lease were made by LESSOR or LESSOR'S agent prior to or at execution of this lease other than stated herein. LESSOR warrants all lights, electrical outlets, and air conditioning shall be in working order at the commencement of this lease. The premises shall not be altered, repaired or changed without written consent of LESSOR; that unless otherwise provided by this lease, all alterations, improvements or changes shall be done either by or under the direction of LESSOR, but at the cost of LESSEE; that all alterations, additions or improvements made in or to the premises shall be the property of LESSOR and shall remain and be surrendered with the premises on termination of the lease; that all damage or injury done to the premises by LESSEE, or any person who may be in or on the premises by the consent of LESSEE, shall be paid for by LESSEE on demand, and that the premises shall be surrendered in as good condition as at commencement of this lease except for normal wear and tear. 2 Notwithstanding anything herein contained, LESSOR agrees that LESSEE may, at LESSEE'S expenses, install a burglar alarm and suitable telephone service without prior consent; however, a key to any burglar alarm system installed must be provided to LESSOR. 13. ELECTRICAL EQUIPMENT: LESSEE shall not connect any electrical equipment of any type to the electrical distribution system without LESSOR'S prior written consent, except that LESSEE may, without LESSOR'S consent, connect machines such as typewriters and adding machines, which do not; over tax the electrical system. LESSEE agrees not to connect with water pipes any apparatus using water without written consent of LESSOR. 14. LESSEE NOT TO DAMAGE BUILDING: LESSEE shall not mark, drive nails, screws or drill into, paint or in any way deface the interior or exterior of the leased premises of the building in which it is located. The expense of repairing any damage resulting from violation of this rule shall be borne by LESSEE. No awning, shade, sign, advertisement, or notice shall be inscribed, painted or affixed in or to any part of the interior or exterior of the building except by written consent of LESSOR. Electric wiring of any kind shall be introduced and connected as directed by LESSOR and no boring or cutting for wires shall be allowed except with consent of LESSOR. 15. LESSEE NOT TO INCREASE FIRE RISK: LESSEE shall not do anything in the premises or bring anything therein which will in any way increase or tend to increase risk of fire or rate of fire insurance,or which shall conflict with regulations of the municipal governments or with any insurance policy on the building or any part thereof, or with any rules or ordinances established by the State of Florida. 16. NON-LIABILITY FOR INJURIES AND DAMAGES: LESSOR shall not be liable to LESSEE for any damage occurring by reason of any defect in the premises; nor for any damage done or occasioned by or from plumbing, gas, water or other pipes or sewerage, or the bursting, leaking or running of any appliance, tank plumbing or other damage by water in, above on or about the premises; nor for any damage occasioned by water being on or coming through the roof, windows or otherwise; nor for any damage arising from any act or neglect of any co-tenant or other occupants of the building, or of any owners or occupants of adjoining,or contiguous property. 17. ASSIGNMENT END SUBLETTING: LESSEE agrees not to mortgage, assign or sublet this lease or the leased premises or any part thereof without written consent of LESSOR, which consent shall not be unreasonably withheld. Any transfer or assignment of this lease by operation of law without written consent of LESSOR shall make this lease voidable at the option of LESSOR.After assignments or subletting the original LESSEE shall remain liable on the lease. LESSOR may assign this lease incident to any sale of the building in which the leased premises are located, whereupon LESSOR shall be relieved form all other duties wider this lease if the buyer assumes those duties. 18. SUBORDINATION: LESSEE agrees to subordinate its lease at the request of LESSOR any number of times to the liens of construction and permanent mortgages which LESSOR may make at any institutional lender such as federal savings and loan associations, state or national banks, life insurance companies, mortgage companies and trusts. LESSEE may remain in possession of the lease premises upon performance of the lease in the event of foreclosure. LESSEE agrees to execute and deliver promptly upon requests of LESSOR, or its assignee, all instruments reasonably required by any such mortgage lender to more formally accomplish such subordination. 1 19. LIGHT AND AIR: LESSEE accepts the premises subject to interference with and damage to light and air by reason of the construction of buildings or other improvements, in or out of adjoining premises, and expressly agrees that such interference or damage shall not constitute an eviction, and LESSEE hereby waives any right which LESSEE, in the absence of this waiver,might have to terminate this lease by reason thereof. I 20. NOISE OR NUISANCE: LESSEE, his employees or visitors shall not in any way obstruct the common areas, including parking areas, which would interfere with free access of any co-tenant to that tenant's leased premises. LESSEE shall not use any machinery on the premises which may cause any noise or jar or tremor to floors or walls, or which by its weight might injure floors of the building. LESSEE'S agents, employees and visitors shall comply with such reasonable rules and regulations that LESSOR and LESSOR'S employees or agents may establish from time to time,which in LESSOR'S judgement shall be necessary for the reputation, safety,care, appearance,operation, and/or maintenance of the building, its parking area, or equipment, or the more useful occupancy or the comfort of other tenants of the building. LESSOR shall give notice to LESSEE of such rules and regulations either orally or in a manner set forth in Article 28; however, at LESSEE'S written request,LESSOR shall confirm any such oral rules and regulation in writing. i i i 3 i i 21. DAMAGE AND CASUALTY: In the event the building shall be destroyed, or so damaged or injured by fire, or other casualty untenantable,then LESSOR shall have the right to render such building tenantable by repairs within one hundred and eighty(180)days therefrom. If said premises are not rendered tenantable within said time, it shall be optional with either party hereto to cancel this lease,and in the event of such cancellation,the rent and pro-rata expenses shall be paid only to the date of such fire and casualty. The cancellation herein mentioned shall be evidenced in writing. During any time that the lease premises are untenantable due to causes set forth in this paragraph the rent and pro-rata expenses or a just and fair proportion thereof shall be abated. i LESSOR shall not restore fixtures and improvements installed by LESSEE either at the commencement of the lease or during the leasehold term. In the event LESSOR renders the building tenantable as provided herein, LESSEE shall be required to restore the leased premises to tenantable condition within ninety(90)days of the issuance of a certificate of occupancy to LESSOR on the building. In the event of the abatement of rent and pro-rata expenses as provided 'herein, said payments shall commence within ninety (90)days of the date upon which a certificate of occupancy is issued by the County of Palm Beach on the building or the date of occupancy of LESSEE,which ever shall first occur. 22. CONDEMNATION: In the event of the land or building of which the leased premises are a part being taken for public or quasi-public purposes, LESSEE shall have no claim to nor shall LESSEE be entitled to any portion of any award for damages, settlement, or otherwise, all such rights to such award being hereby assigned to LESSOR. In the event that only part of the premises is to be taken, this lease shall cease as to the part of the building taken (exclusive of land), and the rent stated herein shall be adjusted for the remainder of the lease term. 23. LESSEE'S INSOLVENCY: If LESSEE shall become insolvent or if bankruptcy proceedings are begun by or against LESSEE before the end of the term of the lease, LESSOR is hereby irrevocably authorized at its option to cancel this lease. LESSOR may elect to accept rent from a receiver trustee or other judicial officer, during the term of their occupancy in their fiduciary capacity without affecting LESSOR'S rights as contained in this lease; however, no receiver, trustee or other judiciary officer shall even have any right,title or interest in the lease premises. 24. LESSOR'S REMEDIES: It is further covenanted and agreed by and between the parties hereto that in case at any time the LESSEE defaults in the payment of any of the rent herein provided for, or should LESSEE or any of LESSEE'S agents or employees violate any of the terms or conditions of the lease, or should LESSEE move out, vacate or abandon the premises (absence for ten (10) days after default of payment of rent shall constitute an abandonment), or in the Event that LESSEE becomes bankrupt,insolvent,or makes an assignment;for the benefit of creditors,or discontinues business in the premises for any reason whatsoever, the balance of rental for the entire term of this lease shall become at once due and payable without notice or demand on the part of LESSOR, and LESSOR may proceed by attachments, suit or otherwise, to collect the whole rent reserved in the same manner, as if by the terms of this lease the whole rent for the entire term were payable in advance. 25. WAIVER: Failure of LESSOR to declare any default immediately upon occurrence thereof, or delay in taking any action in connection therewith,shall not waive such default,but LESSOR shall have file right to declare any such default at any time and take such action as might be lawful or authorized hereunder, in law and/or in equity. No waiver by LESSOR of a default by LESSEE shall be implied and no express waiver by LESSOR shall affect any default other than the default specified in such waiver and that only for the time any extension therein stated. No waiver of any term, provision, condition or covenant of this lease by LESSOR shall be deemed to imply to constitute a further waiver by LESSOR of any other term, provision, condition or covenant of this lease. The rights and remedies created by this lease are cumulative and the use of one remedy shall not be taken to exclude or waive the right to use of another. 26. HOLDING OVER: In the event LESSEE holds possession of the premise after the expiration of the term of this lease,either LESSOR or LESSEE may terminate such tenancy, which shall be from month-to-month, upon thirty (30) days written notice. All the terms and conditions of this lease shall continue to be binding upon both LESSOR and LESSEE until such month-to- month tenancy is terminated by either party.The monthly rental for the holdover period shall reflect the increase or decrease in the United States Consumer Price index(CPI-U)as delineated in Article 3 of this lease. Landlord: Catherine Valenzuela Vision Quest Management,LLC 4 Tenant: Joeven Valenzuela, P.E Beacon Consulting Engineers, LLC 27. NOTICES: Any notice, demand or document required or permitted to be delivered hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United States Mail, postage prepaid, certified or registered mail, addressed to the parties hereto at their respective addresses set out below, or at such other address as they may designate by written notice delivered in accordance herewith.- 28. erewith:28. QUIET ENJOYMENT: LESSOR covenants that LESSEE, on payment of all of the aforesaid installments and performing all the covenants and observing all the rules and regulations, shall and may peacefully and quietly have, hold and enjoy the lease premises for the term of this lease. 29. BINDING EFFECT/ENTIRE AGREEMENT: The terms LESSOR and LESSEE, as herein contained, shall include singular and/or plural, masculine, feminine and/or neuter, heirs, successors, executors, administrators, personal representatives and/or assigns wherever the context so requires or admits. The terms, provisions, covenants and conditions of this lease are expressed in the total language of this lease agreement and the paragraph headings are solely for the convenience of the reader and are not intended to be all-inclusive. This lease contains the entire agreement between the parties hereto and all previous negotiations leading thereto, and it may be modified only by an agreement in writing signed by LESSOR and LESSEE. No surrender of the leased premises or of the remainder of the terms of this lease shall be valid unless accepted by LESSOR in writing. LESSEE acknowledges and agrees that LESSEE has not relied upon any statements, representation, prior written or prior or contemporaneous oral premises,agreements or warranties except as are expressed herein. 30. SEVERABILITY: If any term, provision, covenant: or condition of this lease or the application thereof to any person or circumstance shall, to any extent be invalid or unenforceable, the remainder of this lease, or the application of such terms, provision, covenant or condition to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and each term provision, covenant or condition of this lease shall be valid and be enforceable to the fullest extent permitted by law.This lease shall be construed in accordance with the laws of the State of Florida, and venue for any proceeding hereunder shall be in Palm Beach County,Florida. 31. WAIVER OF TRIAL BY JURY: It is mutually agreed by and between LESSOR and LESSEE that the respective parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matter arising out of or in any way connected with this lease,the relationship of LESSOR and LESSEE and LESSEE'S use of or occupancy of the premises. LESSEE further agrees that it shall not interpose any counterclaim or counterclaims in a summary proceeding or in any action based upon non-payment of rent;or any other payment required of LESSEE hereunder. 32. TAXES ON LESSEE'S PERSONAL PROPERTY: LESSEE shall be responsible for and shall pay before delinquency all municipal, county or state taxes assessed during the term of this lease against any occupancy interest or personal property of any kind,owned by or placed in,upon or about the leased premises by the LESSEE. 33. GOVERNMENTAL REGULATIONS: LESSEE shall faithfully observe in the use of the leased premises all applicable governmental ordinances and codes and State and Federal statutes now in force or which may hereafter be in force. For purposes of this section, the term "code" shall mean the Palm Beach County Building,Electrical;Air Conditioning,Plumbing or other code,as the same may be applicable from time to time. 34. ABANDONMENT: If, during the term of this lease, LESSEE shall abandon, vacate or remove from the leased premises, the major portion of the goods,wears, equipment of furnishings usually kept on said leased premises,or shall suffer the rent to be in arrears, LESSOR may, at its option, cancel this lease by written notice to LESSEE at LESSEE'S address as provided in Paragraph 27, or LESSOR may enter said leased premises as the agent of LESSEE by force or otherwise,without being liable in any way therefore, and relent the leased premises with or without heavy furniture that may be therein as the agent of LESSEE, at such price and upon such terms and for such duration of time as LESSOR may determine and receive the rent and pro-rata expenses therefore, applying the same to the payment of the sums due by LESSEE and if the full rental and pro- rata expenses herein provided shall be realized by LESSOR over and above the expenses to LESSOR of reletting, C LESSEE shall pay any deficiency. I I E _5 i I 35. ASSIGNMENT OF CHATTELS: LESSEE hereby pledges and assigns to LESSOR as security for the payment of any and all rental or other sums or amounts provided for herein, all of the furniture,fixtures goods and chattels of LESSEE which shall or may be brought or put on or into said leased premises, and LESSEE agrees that said lien may be enforced by distress, foreclosure,or otherwise,at the election of LESSOR. 36. MECHANIC'S LIENS: All persons to whom this presence may come are put upon notice of the fact that the LESSEE shall never, under any circumstances,have the power to subject the interest of the LESSOR in the premises to any mechanic's or material liens or lien of any kind, unless a specified provision to the contrary authorized in specific terms the creation of such lien or liens is elsewhere herein contained. LESSEE further agrees that LESSEE will pay all liens or contractor's, subcontractor's,mechanics, laborers, materialmen, and other items of like character, and will indemnify LESSOR against all expenses, costs and charges, including bond premiums for release of liens and attorney's fees reasonable incurred in and about the defense of any suit in discharging the said premises or any part thereof from any liens,judgments or encumbrances caused or suffered by LESSEE. In the event any such liens shall be made or filed, LESSEE shall bond against or discharge the same within ten (10) days after the same has been made or filed. It is understood and agreed between the parties hereto that the expenses,costs and charges above referred to shall be considered as rent due and shall be included in any lien for rent. 37. OPTION TO CANCEL: The LESSEE has the option to terminate this lease at the second-year anniversary date, if LESSEE provides LESSOR a written notice at least ninety(90)days in advance of the anniversary date. 38. ATTORNEY'S FEES: The parties agree that in the event the LESSOR must employ counsel to represent him to enforce the terms and provisions and his rights under the terms of this Agreement,that LESSEE will be fully responsible for reasonable attorney's fees and costs both at trial and appellate level. 39. MOVING OUT:The LESSEE is responsible to fully complete the move out and repair process on the last day of the lease or the last day agreed by the LESSOR. LESSEE will surrender all keys, alarm codes,and make an appointment with LESSOR on or before Lease expiration. If LESSEE fails to fully move out or complete fully the move out condition, LESSEE may be charged an additional month. Repairs if not completed will be repaired and charged against LESSEE's security deposit. Security will be refunded less any costs of damage or less any rent due to LESSOR within 30 days after all keys have been transferred back to LESSOR. 40. INSURANCE: LESSEE will provide LESSOR with a certificate of insurance showing LESSOR as additional Insured on LESSE's General Liability policy. Such certificate shall be provided within sixty(60)of the Lease's effective date. Failure to do so will result in an increase of$200.00 of the regular rent. IN WITNESS WHEREOF,the parties hereto have set their hands the day and year first above written. ---------------------Lu- -------- - ---_--------- --------- ----- ---------------------------------------- Lessor: Lessee: Catherine Valenzuela Joeven Valen ue ,P.E. Vision Quest Management,LLC Beacon Consulting Engineers,LLC - - -------------- ------------- - --- ----------------------------------- Date Date ACKNOWLEDGEMENTS OsMONo This Instrument was acknowledged before me on 20 ' Q,"S <s FTS a W' ess Signature 8Ta a' 6 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CONSENT AGENDA AGENDAITEM: 10.M. SUBJECT: Approval of Commercial Facade Improvement Grant Program in the amount of $18,220 for Reflection Auto Body, Inc. d/b/a Bruno's Auto Body& Paint located at 217 NE 3rd Street SUMMARY: The CRA's Commercial Facade Improvement Grant Program provides financial assistance to a commercial property owner or commercial tenant in order to incentivize private sector investment for the exterior improvement of existing commercial properties within the CRA District. CRA staff has received a completed grant application from Reflection Auto Body Inc. d/b.a Bruno's Auto Body & Paint a tenant located at 217 NE 3rd Street (see Attachment I - 111). Mario Rodriguez is the owner of both Reflection Auto Body Inc. and Mr. Rodriguez Enterprises Inc. which is the property owner of the plaza located at 217 NE. 3rd Street. The grant applicant, Reflection Auto Body, is seeking reimbursement for facade improvements for entire plaza which include parking lot improvements, new signage, exterior paint, new hurricane doors, and new landscaping. The Commercial Facade Improvement Grant Program provides a 50% matching reimbursement of the applicant's expenditures for the eligible improvements up to a maximum grant total of $25,000. If approved, the applicant is eligible to receive a grant maximum amount of $18,220 in reimbursable funds based the project invoices as submitted totaling $36,438 (see Attachment IV). CRA grant funds are released as reimbursement once the proper documentation is submitted to staff for review and approval. FISCAL IMPACT: $18,220 - FY 2017 -2018 Project Fund, line item 02-58400-444 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Facade Improvement Grant not to exceed $18,220 to Reflection Auto Body, I nc. d/b/a Bruno's Auto Body& Paint located at 217 NE 3rd Street. ATTACHMENTS: Description D Attachment I - Location Map D Attachment II -Commercial Facade Improvement Grant Application D Attachment III - Lease D Attachment IV - Invoices 4/30/2018 PAPA Maps DOROTHY) S �CFA,AAS {}1 syu5i4fity Palm Beach County Property Appraiser _ Rh ne44 Search by Owner,Addressor Parcel £ View Property Record I i Owners MR RODRIGUEZ ENTERPRISES INC �!I -- n Property detailt�� l. ..,,.a...,.,.. 217 NE 3RD ST ?ur c:oa..:ty BOYNTON BEACH .Parcei. . 08434528030030010 - J'a. Soj,divi. .o': BOYNTON TOWN OF IN Book 27468 .�t.:'576 Sa.ie Da e MAR-2015 217 NE 3RD STMai' 9 iol Address ss BOYNTON BEACH FL _ £ 33435 3846 i1200- ,j,e-y Pe STORE/OFFICE/RESIDENTIAL - �f4 fr 4920 Square e e t�jeSr.S E - �itxePzAeti - - ? - f.' Sales Information Sales Date Price f I,st�s MAR-2015 469500 i SEP-1994 100 =APR-1994 100 SEP-1 983 250000 Appraisals Tax Year 2017 'm pi ovemerl"Value $260,098 __-_- .a._dV'a.:ue=. $245,049 — £i .0 ..ta_te=.:V'a..we=. $505,147 1 All values are as of January 1 st - each year - Assessed/Taxable values �z Tax Year 2017 A^sessed Va.lue=. $505,147 tt - _ r - axabie`awe. $505,147(4 - yq„tt£;tcs,,ssssssssssssssssssssssssssssst Taxes Tax Year 2017 Ad Vaioreim.. $10,786 Norl Ad Valorem m $211,322'apt x $13,108 http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528030030010 1/1 BC)IYNT0 :,CRA P -. �. � �� art" _ BEACH � October r 30, 2018 COMMERCIALBOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Program I Regulations The Commercial Fagade Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA") District. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs that result in more visually appealing commercial properties or other improvements in accordance with the CRA Community Redevelopment Plan. The CRA reserves the right to approve or deny any Commercial Fagade Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the CRA District. The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive in The Commercial Fagade Improvement Grant Program offers financial assistance in the form of a reimbursable, matching (50%) grant up to $25,000 to the landlord or business owner for eligible expenses associated with improving the external appearance of their business and to encourage businesses to invest in their operations. Initials Page 1 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynto -beach.org/go- green/pce_program.php or by contacting the City at (561) 742-6067 Attached is the ReNew PACE Eligible Product List. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: ® Must be located within the CRA District (see attached map). ® Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). ® Non-profit and residentially zoned properties are NOT eligible. ® If tenant, applicant must have an executed multi-year lease (two year minimum). ® Fagade improvements must be consistent with the CRA's Urban Design Guidelines (Note: CRA Design Guidelines are available on the CRA website. All proposed exterior improvements using CRA funds must be approved by the CRA Board. The CRA Board may make recommendations for exterior improvements based upon the CRA Urban Design Guidelines). • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed in the Boynton Beach/Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a fagade grant application. • Grant funding amounts will be based on the applicant's project budget specified at the time of the CRA approval. ® Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Fagade Improvement Grant Program may only be used one time in any five year period for any one property. Properties may reapply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks Initials Mh Page 2 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com reimbursement. To ensure that the property does not have any outstanding code liens, violations or monies owed for utilities the CRA will perform a lien search on the property at a cost of $115.00 which will be deducted from the grant funding to the recipient. In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • The property owner or tenant must complete the fagade improvement project and submit for reimbursement within 120 days of the issuance date of the permit for the project. If CRA Board approves grant funding and the work being performed does not require a permit, the application for reimbursement must be within 120 days of the grant award. Failure to complete the improvements within the specified time frame will result in the property owner or tenant losing the grant reimbursement opportunity. Only one 60 day administrative extension will be permitted. ® Project items completed and paid for more than 60 days prior to grant approval by the CRA Board are not eligible for reimbursement under the grant program. • Items completed and paid for by the applicant prior to CRA Board approval may be excluded and/or denied at the CRA Board's sole discretion if the CRA Board determines the improvements are not consistent with the CRA's Design Guidelines. • Application and CRA Board approval of this grant is for funding only. Approval of CRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the CRA the rights and use of photos and project application materials. Projects and items eligible for funding under the program are limited to: ® Decorative exterior fagade 0 Patio decks connected to the improvements building ® Landscaping around the building 0 Irrigation ® ADA improvements 0 Exterior wall repairs (stucco, • Signage brick/wood repairs and ® Exterior doors/windows replacement) 0 Exterior Lighting Initials N -2 Page 3 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561) 737-3256 Fax: (561)737-3258 www.catchboynton.com ® Parking lot re-paving, re-sealing, re- ® Demolition of structure and re- striping sodding of vacant property ® Fencing (excluding: chain link, 0 Solar electricity and water heating - barbed wire, and wood panels) See Attached ReNew PACE Eligible Product List ® Electric vehicle charging station - See Attached ReNew PACE Eligible Product List Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: ® A description of the space being rented, including square footage and a drawing of the space; ® Description of utilities that the tenant's responsibility; ® Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; ® Ability to terminate; and, ® Consequences of default on the lease. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Application Process Applications can be obtained from the CRA office located at 710 North Federal Highway, Boynton Beach, FL 33435 or downloaded from www.catchboynton.com. All applicants are required to meet with CRA staff in order to determine eligibility before submitted an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. Initials Page 4 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561)737-3256 Fax: (561) 737-3258 www.catchboynton.com Applicants must submit an original, "hard copy" application with all materials to the CRA for review and approval by the CRA Board. Applicants will be considered on a first- come, first-serve basis. Application packets must include the following documentation: 1. Written detailed project budget describing the improvements to be done to the property. It must list all project costs the applicant is requesting for reimbursement. The project budget must provide a total cost of the project. 2. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. 3. Copy of building permit receipt/application. If the permit has not been applied for prior to submissions of the grant application, a copy of the building permit receipt is due within 90 days of grant approval. 4. Copy of Warranty Deed. 5. Copy of executed multi-year commercial lease agreement. 6. Copy of design and construction plans associated with the proposed improvements. 7. A minimum of four color digital "before" photos of the project. 8. Signage design. 9. Project color chips, material samples and material specifications, if applicable. 10.Completed and signed application (attached). 1 1.W9 Form (attached). 12.City Planning and Development Department Acknowledgement Form (attached). 13.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 12 and 13) must be completed and submitted to the appropriate departments located at City Hall 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All required documentation must be submitted no later than noon on the first Tuesday o the month. CRA staff will review the application to verify that the project is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and approval. The CRA Board meets on the second Tuesday of each month. The schedule for CRA Board meetings can be obtained at www.catchboynton.com. Applicants will be notified of the date and time that their applications will be considered by the CRA Board. Initials Page 5 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561)737-3256 Fax: (561)737-3258 www.catchboVnton.com The CRA recommends that applicants attend the CRA Board meeting during which the Board will consider their applications in order to answer any questions the CRA Board may have regarding their applications. CRA staff will notify the applicant of the CRA Board's approval or denial in writing. Site Visits CRA may conduct a site visit prior to transmitting the application to the CRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant agreement. Procedures for Reimbursement This program is designed as a matching 50% grant. All work must be completed and paid for by the applicant prior to the release of CRA funds. The CRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the CRA (3) days prior to the grant expiration date. The CRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full". Proposals for "work to be completed" or"bids" are not considered proper documentation. a. Each item will be supported by a canceled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. 2. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. Initials Page 6 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561)737-3256 Fax: (561) 737-3258 www.catchboynton.com 3. Proof that the work has been approved by the City of Boynton Beach Building Department, i.e. Copy of Certificate of Occupancy/Completion 4. CRA has received copies of final inspection approvals for all work that requires a permit. 5. Entire scope of work for eligible items is completed. 6. A minimum of 4 color"after" photos of the project. By submitting for reimbursement, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees, and permits. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Fagade Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the CRA to any third party. The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the CRA to award grant funding. initials.Gm1� Page 7 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON BEACH , Ma APPLICANTINFORMATION BUSINESSINFORMATION: Business Name (d/b/a if applicable): C �}` �� --�,..`_�) {"_:a*` `�� ✓t ✓} qR. ,t f � �""� A �f�{fes_ Current Business Address: Fed IB#: . Business Phone Number: 2S i 'f'._ Cell: Website: Existing Business: Yes V", No Number of years in existence: Time at Current Location: /�a% New Business to Boynton Beach: Yes No ®o you have an executed lease agreement: Yes____No k.-"/ If so, monthly base rent: New Business Address: Square footage of current location: Square footage of new location: Type of Business: _A Number of Employees: `` Hours of Operation List of improvements seeking reimbursement for: t '� Requested grant amount: Page 8 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com td' 1.0 BOYNTON', #, N � �' 020 '' � �, u ,. BEACH . APPLICANTINFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner ame: A�1uy! E Date of Birth: l`; Email Residential Address: A� Cell Phone Number. 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistant under any other program offered by the CRA? Yes No If yes, what additional programs are you applying for: Page 9 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com t7 v t a'r S BOYNTO }!wF I l rf 4 APPLICANT ,C- R, A Sam Are you receiving grant assistance under any other governmental agencies: Yes No v If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: Landlord's Mailing Address: Xz 3,5 Landlord's Phone Number: Page 10 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON '' A B E AC H APPLICANT INFORMATION CERTIFICATION AND WAIVER OF PRIVACY: 1, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Fapade Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Fagade Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the CRA may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. Initials fm Page 11 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561)737-3258 www.catchboVnton.com 0 BOYN N r{� A"BEACH APPLICANT INFORMATION I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. SUBMISSION OF AN APPLICATION FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Initials -21 Page 12 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com f BOYNTON , ' CRA APPLICANT INFORMATION APPLICANT SighWURES Princ' ner' tur Date Printed ame Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared c l O D t tj , who is/are personally known to me orproduced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal int the State and County aforesaid on this day of L' 20 T PU _..v_ Fommission Expires: *I' Te' Bonnie Nicklien NOTARY PUBLIC Page 13 of 14 STATE OF FLORIDA Commercial Facade Coenrn#GG1oa3s4 710 Narth Federal Highway, Baynton Beach, FL 33435—Phone: (561)7RISA. 8 www.catchboynton.com r t€ BOYNTO si iF RA LANDLORD INFORMATION LANDLORD SIGNATURES: for ' ure Date Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures-Multiple notary pages may be used if signing individually STATE OF 1 COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared wsjL _f} t , who is/are personally known to me or pro uced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, 1 have set my hand and official seal in the State and County aforesaid on this day of _ tk, , 20 IN y Bonnie Niddien Votnission 1P U IV NOTARY PUBLIC STATE OF FLORIDA Expires: Comm#GG108394 El Expires 5/25/2021 Ronnie Nk*rKm ''v PUBLIC Page 14 of 14 Commercial Facade NCE 191 Exp,rvs b," i4uZ1 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561)737-3256 Fax(561) 737-3258 www.catchboynton.com Commercial Gross Lease 1. Names. This lease is made by r:" ',� °' .. it � , `= �u .yam ,.Landlord, and V t gTenant. 01 2. Premises Being Leased. Landlord is leasing to Tenant and Tenant is leasing from Landlord the following premises: of the building. I.-IT"Fart of Building Only. Specifically,Tenant is leasing the ., , ..,. [ ] Shared Facilities.Tenant and Tenant's employees and customers may use the following additional facilities in common with other tenants, employees, and customers: �x ['] Parking spaces: [ ] Restroom facilities: [ ] Storage areas: [ ] Hallways, stairways, and elevators: [ ] Conference rooms: [ ] Other: 3.Term of Lease. This lease begins on < ._'>= '' and ends on 4. bent. Tenant will pay rent in advance on the '£ t, day of each month. Tenant's first rent payment will be on in the amount of S Tenant will pay rent of$ `" - `` per month thereafter. [ ] Tenant will pay this rental amount for the entire term of the lease. [ ] Rent will increase each year, on the anniversary of the starting date in paragraph 3,as follows: 5. Option to Extend Lease [ ] First Option. Landlord grants Tenant the option to extend this lease for an additional years. To exercise this option,Tenant must give Landlord written notice on or before .Tenant may exercise this option only if Tenant is in substantial compliance with the terms of this lease.Tenant will lease the premises on the same terms as in this lease except as follows: [ ] Second Option. If Tenant exercises the option granted above,Tenant will then have the option to extend this lease for years beyond the first option period. To exercise this option,Tenant must give Landlord written notice on or before . Tenant may exercise this option only if Tenant is in substantial compliance with the terms of this lease. Tenant will lease the premises on the same terms as in this lease except as follows: 6. Security Deposit. Tenant has deposited $ with Landlord as security for Tenant's performance of this lease. Landlord will refund the full security deposit to Tenant within 14 days following the end of the lease if Tenant returns the premises to Landlord in good condition (except for reasonable wear and tear) and Tenant has paid Landlord all sums due under this lease. Otherwise, Landlord may deduct any amounts required to place the premises in good condition and to pay for any money owed to Landlord under the lease. LF218P Commercial Gross Lease 6-12-1 (Nolo .nolo.com 7. Improvements by Landlord [ ] Before the lease term begins, Landlord (at Landlord's expense)will make the repairs and improvements listed in Attachment I to this contract. [ ] Tenant accepts the premises in"as is" condition. Landlord need not provide any repairs or improvements before the lease term begins. 8. Improvements by Tenant. Tenant may make alterations and improvements to the premises after obtaining the Landlord's written consent, which will not be unreasonably withheld.At any time before this lease ends,Tenant may remove any of Tenant's alterations and improvements, as long,as Tenant repairs any damage caused by attaching the items to or removing them from the premises. 9. Tenant's Use of Premises. Tenant will use the premises for the following business purposes: Tenant may also use the premises for purposes reasonably related to the main use. 10. Landlord's Representations. Landlord represents that: A. At the beginning of the lease term, the premises will be properly zoned for Tenant's stated use and will be in com- pliance with all applicable laws and regulations. B. The premises have not been used for the storage or disposal of any toxic or hazardous substance, and Landlord has received no notice from any governmental authority concerning removal of any toxic or hazardous substance from the property. 11. Utilities and Services. Landlord will pay for the following utilities and services: Water Electricity Gas Heat Air-Conditioning Any items not checked will be the responsibility of Tenant. 12. Maintenance and Repairs A. Landlord will maintain and make all necessary repairs to: (1)the roof, structural components, exterior walls, and interior common walls of the premises, and(2) the plumbing, electrical,heating,ventilating, and air-conditioning systems. B. Landlord will regularly clean and maintain (including snow removal)the parking areas, yards, common areas,and exterior of the building and remove all litter so that the premises will be kept in an attractive condition. C. Tenant will clean and maintain Tenant's portion of the building so that it will be kept in an attractive condition. 13. Insurance A. Landlord will carry fire and extended coverage insurance on the building. B. Tenant will carry public liability insurance; this insurance will include Landlord as an insured party. The public liability coverage for personal injury will be in at least the following amounts: per occurrence. in any one year. C. Landlord and Tenant release each other from any liability to the other for any property loss,property damage, or personal injury to the extent covered by insurance carried by the party suffering the loss, damage,or injury. D. Tenant will give Landlord a copy of all insurance policies that this lease requires Tenant to obtain. 14. Taxes A. Landlord will pay all real property taxes levied and assessed against the premises. B. Tenant will pay all personal property taxes levied and assessed against Tenant's personal property. 15. assign Subletting and Assignment. Tenant will not n this lease or sublet any part of the premises without the writ- ten consent of Landlord. Landlord will not unreasonably withhold such consent. 16. Damage to Premises A. If the premises are damaged through fire or other cause not the fault of Tenant,Tenant will owe no rent for any CD period during which Tenant is substantially deprived of the use of the premises. B. If Tenant is substantially deprived of the use of the premises for more than 90 days because of such damage,Ten- ant may terminate this lease by delivering written notice of termination to Landlord. 17. Notice of Default. Before starting a legal action to recover possession of the premises based on Tenant's default, z:1 Landlord will notify Tenant in writing of the default. Landlord will take legal action only if Tenant does not correct the default within ten days after written notice is given or mailed to Tenant. 18. Quiet Enjoyment. As long as Tenant is not in default under the terms of this lease,Tenant will have the right to occupy the premises peacefully and without interference. 19. Eminent Domain. This lease will become void if any part of the leased premises or the building in which the leased premises are located are taken by eminent domain.Tenant has the night to receive and keep any amount of money that the agency taking the premises by eminent domain pays for the value of Tenant's lease, its loss of busi- ness, and for moving and relocation expenses. 20.Holdinc, Over. If Tenant remains in possession after this lease ends, the continuing tenancy will be from month to month. 21.Disputes Litigation. If a dispute arises, either party may take the matter to court. Mediation and Possible Litigation. If a dispute arises,the parties will try in good faith to settle it through media- tion conducted by a mediator to be mutually selected. The par-ties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, either party may take the matter to court. [ ] Mediation and Possible Arbitration. If a dispute arises, the parties will try in good faith to settle it through media- tion conducted by a mediator to be mutually selected. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by an arbitrator to be mutually selected. Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. Costs of arbitra- tion, including lawyers'fees, will be allocated by the arbitrator. Landlord need not participate in mediation or arbitration of a dispute unless Tenant has paid the rent called for by this lease or has placed any unpaid rent in escrow with an agreed upon mediator or arbitrator. 22.Additional Agreements. Landlord and Tenant additionally agree that: LF218P Commercial Gross Lease 6-12.2 23. Entire Agreement. This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings. 24. Successors and Assignees. This lease binds and benefits the heirs, successors, and assignees of the parties. 25. Notices. All notices must be in writing.A notice may be delivered to a party at the address that follows a party's signature or to a new address that a party design-ate's in writing.A notice may be delivered: (1) in person (2) by certified mail, or (3) by overnight courier. 26. Governino, Law. This lease will be governed by and construed in accordance with the laws of the state of 27. Counterparts. The parties may sign several identical counterparts of this lease.Any fully signed counterpart shall be treated as an original. 28. Modification. This lease may be modified only by a writing signed by the party against whom such modification is sought to be enforced. 29. Waiver. If one party waives any term or provision of this lease at any time, that waiver will be effective only for the specific instance and specific purpose for which the waiver was fails given. If either party Z�l ils to exercise or delays exercising any of its rights or remedies under this lease, that party retains the right to enforce that term or provision at a later time. 30. Severability. If any court determines that any provision of this lease is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this lease invalid or unen- forceable, and shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable. Dated: LANDLORD TENANT Name of Business: Name of Business: at at fIJ............. r3y, z 7 Printed_N1ame,---Ated Nam -,v Ptine: Title: -Z Title: Address: tN Address: it jj GUARANTOR By signing this lease, I personally 'guarantee the performance of all financial obligations of under this lease. Dated: Printed,Name: Title- Address: .` 3677 23rd Avenue South Suite B-109 Lake Worth, FI. 33461 ` Office (561)533-5328 Fax(561) 383-2908 Lic.#SCC 131151214 Email:windows@krolglassinc.com Visit our website: www.krolcilassinc.com Windows, Doors, and Storefront Commercial & Residential L- Contractor O wBruno's Auto Body&Paint Address 217 NE 3rd St. Contact Bruno -�+ Boynton Beach,FI.33435 Phone ph. Fax: ® Date: 4-21-18 SALESMAN: Bob Krol Email bruautocollision&9MALcom QTY SIZE MODEL TYPE DESCRIPTION FRAME GLASS GLASS SCRN LOCATION COLOR COLOR TYPE Proposal to furnish and install the following Impact products: 5 3070 Summit jMeedI Lite w/Std.Hardware Cl1Ann Clear Irn act N/A Unit Entries Material&Installation Total$10,932.00 with standard hardware and closers. NOTES:Permit,Engineering and Admin fee will be added to total. (Approx. S 500.00+or-) Minor drywall&stucco repair included. No paint touchup or final cleaning. File:Bruno SF Doors 4-21-18 MATERIALS COVERED ON THIS QUOTE 1 CONTRACT REMAINS THE PROPERTY OF KROL GLASS INC.WE RESERVE THE RIGHT OF TOTAL MATERIAL $ 10,932.00 REPOSSESSION WITHOUT NOTICE IF TERMS OF PAYMENT HAVE LAPSED. TERMS OF PAYMENT:DUE UPON RECEIPT. 3% Surcharge on C.C. 1.REPAIRS OR GLASS BROKEN BY OTHERS IS NOT COVERED IN THIS BID. 2.GENERAL CONTRACTOR IS RESPONSIBLE FOR WINDOW GUARDS OR SPECIAL GLASS TO CONFORM TO THE FLORIDA BUILDING INSTALLATION CODE,OR AS REQUIRED BY THEIR LOCAL MUNICIPALITIES BUILDING DEPARTMENT. 3.MATERIALS WILL BE INVOICED UPON RECEIVING AND 1 OR INSTALLATION OF FRAMES AND 1 OR GLASS. TOTAL 4.IN THE EVENT THAT THE AMOUNT SHOWN IS NOT PAID WHEN DUE,INTEREST AT THE HIGHEST LEGAL RATE PER ANNUM SHALL ACCUMULATE ON THE TOTAL AMOUNT REMAINING DUE.ALL COSTS OF COLLECTION SHALL BE PAID BY THE DEPOSIT S®% CUSTOMER INCLUDING REASONABLE ATTORNEY'S FEE. 4A.THE UNDERSIGNED PERSONALLY GUARANTEES PAYMENT FOR MATERIAL AND SERVICES PURCHASED. BALANCE DUE C.O.D. 5.IF A PAYMENT FOR AN INVOICE IS RECEIVED BACK TO KROL GLASS INC.AS NSF(NSF IS TO BE DEFINED AS NON-SUFFICIENT FUNDS)A FEE OF$30 WILL BE CHARGED BACK TO THE CUSTOMER.THE NSF CHECK MUST BE REPLACED WITH A BANK CERTIFIED CHECK UPON 24 HOURS NOTICE FROM A REPRESENTATIVE OF KROL GLASS INC.FOR THE FULL AMOUNT, 6.KROL GLASS INC.SHALL NOT BE RESPONSIBLE FOR DELAYS RESULTING FROM STRIKES,LABOR DIFFICULTIES,FIRES OR OTHER CASUALTIES,OR ANY CAUSES WHATSOEVER BEYOND ITS CONTROL. 7.EXTERIOR CAULKING SHALL BE BY OTHERS,UNLESS SPECIFIED IN CONTRACT AS AN ADDED OPTION. 8.GENERAL CONTRACTOR TO PROVIDE LIFT AND LABOR FOR MATERIALS ABOVE SECOND FLOOR. 9.WINDOW AND DOOR BUCKS ARE NOT SUPPLIED OR INSTALLED BY KROL GLASS INC. IO.WINDOWS,DOORS OR STROREFRONT ETC.ARE NOT FINAL CLEANED BY KROL GLASS INC. 11.ANY WARRANTIES WILL BE SUBJECT TO THE CONDITIONS AND LIMITATIONS AS LISTED IN THE MANUFACTURERS WARRANTIES AND WILL NOT HOLD UP ANY MONIES DUE KROL GLASS INC. CUSTOMER SIGNATURE DATE REV.8-2011 f VItk��) Mf s s 16 Painting i For all your painting. needs and so much rnore— - �.Il �5 t nlZ`d 6svi.to I- ' (fvs`or \vas 'l all „z r roo 1 } � r•lgc o c Y c tpp� 4'4 �.5< {..... -1.�-... C....t..� (,.I r.1��l 4�1�.< call su.mbe s to be painted HK d1awh " ads as needed. cauk wiahm s as needed. r.. jOhner A Win paw{. mtea. r, th cm, 'ri i wish paint. Note: c ' irc use" W: use Benjamin Nlomv ;y, and tt 5 s ,. 1.. ASK -� .._ -1K111 �f � #5 � Deck& Drive Pavers, Inc. 605 NE 31 Street Lic. #CBC1255298 Boynton Beach, FL 33435 deckanddrivc.com 561-330-8100 Cif cc deckanddrivepavers(r gnzail.com Date: 08/12/2016 Proposal 4 11725 Submitted To: Job Address: Mario Rodriguez Bruno's Auto Body Same 21.7 ISE 311 St. Boynton Beach, FL 33435 561-737-7506Cell bruautoc€jjji � 'I.corn Description: DRIVEWAY, WALKWAY& FRONT PORCH (maximum 700 sq. ft. including cuts &waste} 1. Remove & dispose maximum of 165 sq. ft. of existing concrete stepping stones. 2. Saw cut maximum of 15 if of asphalt to go flush at paver ramps. 3. Supply& install maximum of 2 '/z tons of crushed concrete screening sand. 4. Supply& install maximum of 545 sq. ft. of standard 2 3/8" pavers for paver walkway& paver ramps. 5. Mud set maximum of 175 If of perimeter for concrete overlay along paver border. $3,815.00 Notes: a. Permit& any additional city requirements to be additional. b. Option: Apply acrylic penetrating sealer, additional $250.00 (initial). c. Pavers may be walked on 2 hrs. after sealer application. . Sprinklers need to be turned off before, during& after the sealer process. Crary Hines, Estimator Deck & Drive Pavers, Inc. Total before options: $3,815.00 Scope of work includes only itent(s) listed above. Prices good for 90 days. Deck& Drive Pavers, Inc. is not responsible for any underground utilities,irrigation or landscape. Payment Due: 50% deposit& balance due upon completion. Any payment not received by the due date,shall hear interest and any collection costs to Deck&Drive Pavers,Inc., (including attorney fees,court costs,Deck&Drive Pavers,Inc.admin.fees,etc.) The above prices and specifications are hereby accepted. Signature Date cA��L PROPOSAL - CONTRACT S�iAn'l J AZ', EWASPHALT Proposal No. -ASPHALTPETIAIR INC. SCALCOATING STMPING RO. Box 970SI9 o Coconut Creek. -ida 33097 Sheet No, CONCnETE REPAIRS (954" 557-6053 Date Br no's Auto Body Paint February 22, 2018 217 NE 3rd street Boynton each FL 33435 #999 H.0 ramp and walkway 1.) Remove existing asphalt 2.) install rock to the level of concrete 17x18 for ramp and cars space 3.) Install rock to match level of HC 5ft wide by 30 ft to adjacent door 4.) Asphalt pave both HC space, ramp and walk way not to exceed 2% 5.) Stripe area according to ADA standards and add car-stop 6-) Install sign and post at 7 ft. Sign to match city Boynton each HC standards 7.) All work has 18-month warranty Total $5,925.00 Delray Garden Center Inc. 3827 West Atlantic Avenue Date Estimate # Delray Beach, Flori12613da 33445 4/18/2018 - Name Address Ship To Bruno's Auto Body Bruno's Auto Body 217 NE 3rd St 217 NE 3rd St Boynton Beach, FL 33435 Boynton Beach, FL 33435 Rep Project RAG Qty Item Description Cost Total 90 Flax Grass Flax Lily Grass 6.00 540.00 18 Dwarf Ixora Dwarf Ixora 3G Red 12.00 216.00 17 Podocarpus'M... Podocarpus Macrophyllus'Maki'3G 12.00 204.00 1 Cassia Suratte... Cassia Surattensis 450.00 450.00 1 Labor Labor 300.00 300.00 Irrigation by Others % Deposit Total $1,710.00 Required Acceptance Signature Phone # Fax # E-mail Web Site 561 243 6869 561 243 3588 DGC@Bellsouth.net WWWAelgarden.corn Third Street i561-374-9111 QUOTEY s t , Date: April 19, 2018 Job Number: 18454 TO: Bruno's Auto Body For Perstist Nails DESCRIPTION � ,'. 13.00 15"Gemini letters UNiT PRICE TOTAL. PERSfST NA(LG 37.73 490.49 13.00 Install Qa Paft r 2 00 338.00 DO 6 1.00 Freight �} 45 Da . . 40.0000 1 Perrtlt(triclu.des fees en gii�,e�rar�g:.drw,ns&praess,n 45 D0 . _ 40.00 .4,0f70 '49Di.r)Q Subtotal 1,403.49 Tax rate: 7 % Tax 9824 Total 1,501.731 Third tre rgns 561-374-9111 QUOTE Date: Apri124, 2018 Job Number: 18470 TO: Bruno's Auto Body For Barber Shop ITEM NO. ` DESCRIPTIQPI � 10.00 15"Gemini letters UNIT PR(CE . TOTAL 37.73 10.00 Install _ " i 377.30 1 pt? -a em 26 00 1.00 Freight ;; 45 00 1:0 owm.i t(thel e fees en Irl ril1 dr w,n & cz �ssin. 40 00 4 ,00 g g;:: , (?. c3}: 40.00 49Q Qt7 4g.DDCk Subtotal _ 1,212.30 Tax rate: 7 % Tax _ 84:$6 Total 1,297.116 Third tr t Signs 561-374-9111 A - Date: April 19, 2018 Job Number: 18450 TO: Bruno's Auto Body For Bruno's Auto Body DESCRIPTION I UNIT PRICE TOTAL 14.00 15 Gemini letters 37.73 BR�JNO 5 R��'�7 BflD�` 14.00Install 528.22 . 1RQ Pattern364.00 26.00 5QO 1.00 Frei 4 ht -. 40®0 1 a0 Permit(t0CIU.des foes engin ennc rawiri s& ro �$s�n 40 OC1 4M0 9 P .. 490(70 49� Subtotal 1,467:22 Tax rate: 7 % Tax 102J1] 71 Total 1,569!93' Third Street Signs 561-374-9111 QUOTE a x Date: April 19, 2018 Job Number: 18451 TO: Bruno's Auto Body For First Tax Yrt ITEM N(J. QTY i DESCRIPTION UNIT PF2ICE i TOTAL 301�84 8.00 15 Gemini letters 37.73 FCR�TTAX 8 00 Install - _. : 1.< :0.Pattern 26 00 208.00 1.00 Freight .. 4.5.Q 0 40.00 40.00 1 QQ P0.MH (fr;GlUt� S fees e ra:e�r�r1raw�n . & prt. OSS�n g} �9Q QO Subtotal 1,0114 84'' Tax rate: 7 % Tax 7594 Total 1,180.78 "Thit tre i 1-374-9111 ,, t QUOTE Date: April 19, 2018 Job Number: 18452 TO: Bruno's Auto Body For Supreme Tax ITEM NO. QTY i "DESCRIPTION � i � UNIT PRICE TOTAL 10.00 15 Gemma letters 37 73 377.30 10.00 Install - - I::OQ Pattern 26.00 f30 260.00 1.00 Freight 45 1'40 Peri�lt(traclu8s fees e�tgiraeenng;drw�ns&prcesan ) 45 00 40.00 _ 40.00 4so;oa. Subtotal 12123Q Tax rate: 7 % Tax 84:86 Total 1,297:16 Third Street Signs Date: April 19, 2018 Job Number: 18453 TO: Bruno's Auto Body For Mr Nice Tux 9.00 15"Gemini lefters UNIT PRICE TOTAL M( MICE TUX 339.57 100.Paftart� _. 26.00 234.00 1.00 Freight. .... _...... 45 f?0 45;00: 40.00 1 0:0 hermit(tnc(udes fees �g�ner,nc;:drwng & pr4szt j 40.00 4Q QQ ' 4017100: Subtotal 1,148.57 Tax rate: 7 % Tax $0:40 Total 1,228.97 t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CONSENT AGENDA AGENDAITEM: 10.N. SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the amount of $10,200 for Alexis Knight Architect, Inc. located at 100 NE 6th Street, Suite 102 in Marina Village SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides eligible new or existing businesses located within the CRA district with rent payment assistance for a maximum period of 12 months within the first 18 months of a multi-year lease. The CRA has received a complete grant application from Alexis Knight Architect, Inc. (AK Architect) a commercial tenant in Marina Village, 100 NE 6th Street, Unit 102, Boynton Beach, FL 33435 (see Attachments I & 11).AK Architect is a local architectural design firm providing a full range of architectural services in the State of Florida. AK Architect is applying as an existing Boynton Beach business which expanded to occupy more than 50% of its current square footage. AK Architect had been leasing 400 sq ft in Marina Village since 2013 and recently expanded their office space in Marina Village to 950 sq ft. Under the terms of their lease agreement as a tenant of Marina Village, the required base rent is $1,700 per month (see Attachment 111) and falls under the category of a Tier II business (as specified in the grant application). If approved, the applicant is entitled to receive reimbursement for half of the monthly rent amount or maximum grant amount of $850 per month for a 12 month period, whichever is less. As determined by CRA staff, the applicant meets the eligibility requirements under the Commercial Rent Reimbursement Grant Program guidelines and if approved, will be reimbursed on a quarterly basis with proof of rent payments. FISCAL IMPACT: $10,200 — FY 2017 -2018 Project Fund, line item 02-58400-444 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Rent Reimbursement Grant not to exceed $10,200 to Alexis Knight Architect, Inc. located in Marina Village at 100 NE 6th Street, Suite 102, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I - Location Map D Attachment II -Commercial Rent Reimbursement Grant Application D Attachment III - Lease ' �1e } 4n� 1 i yl � x ) , 1E- i r, a . tn`y f sy rn : ! „ s c I 4` 1 1zl � F y J7 F o BOYNTO ' ° �r \lrrt ° ' B E AC H C R A October 1 , 2017 — September 30, 2018 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA") District. The program is designed to provide financial assistant to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation. The CRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the CRA District. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term "new business" means a company in operation for less than six months or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the CRA District for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. I n i t i a s... Page 1 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561)737-3258 www.catchboynton.com Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance in the form of a reimbursable grant in the form of a quarterly rent reimbursement. The time period of eligibility for assistance is up to six months from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, City and County licenses are obtained and the business is open for operation. The CRA will issue reimbursement on a quarterly basis directly to the applicant for the monthly rent payment made to the landlord upon receipt and verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor the CRA neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Must be located within the CRA District (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 50% of its current square footage size. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the CRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, within the sole discretion of the CRA, as an eligibility Initis Page 2 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737-3258 www.catchboynton.com Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance in the form of a reimbursable grant in the form of a quarterly rent reimbursement. The time period of eligibility for assistance is up to six months from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, City and County licenses are obtained and the business is open for operation. The CRA will issue reimbursement on a quarterly basis directly to the applicant for the monthly rent payment made to the landlord upon receipt and verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor the CRA neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Must be located within the CRA District (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 50% of its current square footage size. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the CRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, within the sole discretion of the CRA, as an eligibility Initia y Page 2 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737-3258 www.catchboynton.com requirement for funding. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher to be eligible. If one or more business owner; the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease (two year minimum). • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the CRA the rights and use of photos and project application materials. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales • Convenience Store • Religious Affiliated Retail Stores • Churches • Non Profits • Fitness Centers over 4,500 sq.ft. • Check Cashing Stores • Take-Out Foods • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Kava Tea Bars • Pawn Shops • Alcohol and/or Drug Rehabilitation • Tattoo Shops/Body Piercing/Body Centers/Housing Art Shops • Medical Research Centers/Housing • Any other use that the CRA staff or • Massage/Personal Services CRA Board have determined not to support the redevelopment of the CRA District Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of CRA Board approval. Initia Page 3 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737-3258 www.catchboynton.com Tier One Business (Full-Service Restaurants Only) Tier One Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or $1,250 per month, whichever is less (maximum amount of the grant is $15;000). Only full service restaurants with a minimum total seating capacity of 50 seats are eligible to be in Tier One. The restaurant must have hours conducive for the development of the downtown serving at least lunch and dinner. Proof of seating capacity shall be confirmed by a copy of the City of Boynton Beach Local Business Tax Receipt. Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or $900 per month, whichever is less (maximum amount of the grant is $10,800). Tier Two Businesses must be one of the following types of businesses: • Restaurants with total seating • Clothing Boutique — clothing, shoes capacity under 50 & accessories • Gourmet Food Market • Bakery • Bed and Breakfast • Medical Offices • Marketing Offices • Accounting Offices • Law Offices • Real Estate Offices Fitness Center less than 4,500 sq.ft . Insurance Offices (no more than 2 approvals per fiscal • Florist (no more than 2 approvals year) per fiscal year) • Specialty Businesses — stationary, • Hair/Nail Salons (no more than 2 gifts, sporting goods approvals per fiscal year) • Home D6cor/Design — home furnishings, art galleries, kitchen wares Initi' Page 4 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information.. • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases, • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and, • Consequences of default on the lease. Subletting of the property by grant recipient is prohibited. Violation will constitute repayment of CRA grant funding. The CRA considers the following to be subletting: Any business entity in which the A) grant recipient is not listed as the registered agent, owner, officer or director of said business; B) lists its place of business as the leased premises of the grant recipient; or C) has obtained a business tax license from the City of Boynton Beach for the grant recipients' leased premises or any part thereof. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Application Process Applications can be obtained from the CRA office located at 710 North Federal Highway, Boynton Beach, FL 33435 or downloaded from www.catchboynton.com. All applicants are required to meet with CRA staff in order to determine eligibility before submitted an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. Initial%;;:_ Page 5 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737-3258 www.catchboynton.com Applicants must submit an original, "hard copy" application with all materials to the CRA for review and approval by the CRA Board. Applicants will be considered on a first- come, first served basis. Application packets must include the following documentation: 1. A non-refundable fee of $100 is required to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Resume for each principal/owner of the business. 3. Copy of the corporate documents for the applying business entity. 4. Copy of City and County Business Licenses (Business Tax Receipt). 5. Copy of executed multi-year commercial lease agreement. 6. Two years of corporate tax returns (for existing businesses only). 7. Two years of personal tax returns for the principal/owners of a new business. 8. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 9. If an existing business must expand to occupy more than 50% of its current square footage size. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the CRA Board if the tenant is losing their current space due to redevelopment of the site. 10.Completed and signed application (attached). 11.Authorization to perform credit check for the business and each principal/owner of the business (attached). 12.W9 Form (attached). Approval of Funding Request All required documentation must be submitted no later than noon on the first Tuesday of the month. CRA staff will review the application to verify that the project is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and approval. The CRA Board meets on the second Tuesday of each month. The schedule for CRA Board meetings can be obtained at www.catch boynton.com. Applicants will be notified of the date and time that their applications will be considered by the CRA Board. Page 6 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737-3258 www.catchboynton.com The CRA recommends that applicants attend the CRA Board meeting during which the Board will consider their applications in order to answer any questions the CRA Board may have regarding their applications. CRA staff will notify the applicant of the CRA Board's approval or denial in writing. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Site Visits CRA may conduct a site visit prior to transmitting the application to the CRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant agreement. Procedures for Reimbursement Quarterly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to CRA Board approval. A maximum of 12 consecutive monthly rent payments will be reimbursed to the approved applicant. Each report shall be made within 10 days of the start of the next applicable quarter beginning on January 1St, April 1St, July 1St and October 1St following the initial Reimbursement Request. In order to receive quarterly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that quarter's reimbursement or proof of direct deposit). If applicant does not submit its quarterly reimbursement request within 30 days following the end of the quarter in which applicant is requesting reimbursement applicant forfeits that quarter's reimbursement. Page 7 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737-3258 www.catchboynton.com Discontinuation of Payment The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent reimbursement payments at any time according to its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the CRA to any third party. The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the CRA to award grant funding. Initi Page 8 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737-3258 www.catchboynton.com t .. r} }h}S }fl57 H fj BOYNTO ' `G`%`t` . RA `j t yl ' APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): Alexis Knight Architect, Inc. Current Business Address: 100 NE 6th Street, Suite 102A Boynton Beach, FL 33435 Fed ID#: 90 0730530 Business Phone Number: 561 374 9242 Fax: NA Website: `Nww.akarchitect,com Existing Business: Yes X No Number of years in existence: 7 Time at Current Location: 3 years and 4 months New Business to Boynton Beach: Yes No X Do you have an executed lease agreement: Yes X No If so, monthly base rent: $1,817.00 New Business Address: 100 NE 6th Street, Suite A& B Boynton Beach, FL 33435 Square footage of current location: 400 SF Square footage of new location: 950 SF Type of Business: Architectural Number of Employees: three (3) Hours of Operation: 8:OOAM-5:001DM Page 9 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com 1G r N ] BOYNTO it liili RA }i �I .r� APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Steven W. Knight A.I.A., NCARB Date of Birth: 03/24/1953 Email: sknight(a0karchitectsinc.com Residential Address: 160 Hampton Place Jupiter, FL 33458 Cell Phone Number: 561 3463879 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 10 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com it 4; BOYNTON' BEACH , RA 3 fi*� div u L APPLICANT INFORMATION Are you applying for grant assistant under any other program offered by the CRA? Yes No X If yes, what additional programs are you applying for: Are you receiving grant assistance under any other governmental agencies: Yes_ No X If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: Alexis Knight Investments, LLC Landlord's Mailing Address: 160 Hampton Place Jupiter, FL 33458 Landlord's Phone Number: 561 3463879 CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. Initia Page 11 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737-3258 www.catchboynton.com ` p BOYNTON �I Itj APPLICANT INFORMATION I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the Boynton Beach Community Redevelopment Plan. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. initial%s :--" Page 12 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com S ( it p'tllt� �117H t�,� �4 BOYNTON""""I' ' I` B E AC H C R A APPLICANT INFORMATION APPLICANT SIGNATURES: 1. 05/01/18 Principal/ ner's Sign ure Date Robyn exis-Knight Vice President Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF Florida COUNTY OF Palm Beach BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared Robyn Alexis-Knight who is/are personally known to me or produced N/A as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this 1st day of May RMN `°-`�r.r.,,r--�v___ � ;gypx. ELIClA J �ALLlAOTARY PUBLIC coMrnlsslc�nt#FF162939My Commission Expires: IRES September 24,2018Florid a Nota ryService.a>m Page 13 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com c � ar Ij t B OY TO } oil 11 BEACn ,1,,111,11-,CRA Nam APPLICANT INFORMATION APPLICANT SIGNATURES: P cipal/ ner'signatu e D to Steven W. Kni ht, .I.A., CARB Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF fl,OV,jj&i COUNTY OF BEFORE ME, an officer d auth rized y law administer oaths and take acknowledgements, RaemmWly appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this 3Q day of 11 A V�y ommission Expires: OEIS Bonnie Nicklien NOTARY PUBLIC Page 13 of 14 STATE OFFLORIDA Comrn#GG908394 Rent ReimbursementExpires 5/25/2021 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com jj}}`C t4i {/"f�j:,h��Y b F734SSF4, l� RAj BOYNTO i"'I' MOB EACH zf LANLORD INFORMATION LANDLORD SIGNATURES: 1 _ 04/30/18 Landlord'snature Date Robyn Ale ' Knight Landlord/Owner Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures -Multiple notary pages may be used if signing individually STATE OF Florida COUNTY OF Palm Beach BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared Robyn Alexis-Knight who is/are personally known to me or produced N/A as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this 30th day of April 20 18 2�`an�P�ec FLICIA J MALLIA 1416TARY PUBLIC My COMMISSION#FF162939 My Commission Expires: a: EXPIRES September 24,2018 (npT)398-0153 Floridallotarysemre.com Page 14 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561) 737-3258 www.catchboynton.com Standard Lease Agreement Alexis Knight Investments, LLC hereinafter referred to as LESSOR, hereby leases to Alexis Knight Architects, Inc. hereinafter referred to as LESSEE, an area containing nine-hundred-fifty(950)square feet known as 100 NE 6th Street CU-8, Boynton Beach, Florida 33435 as shown on the attached Exhibit"A"on the following terms and conditions: 1. TERM: Said premises are leased for a term of twenty-four months (24) months commencing on February 5, 2018, and ending on February 5,2020., unless sooner terminated or extended as provided herein. 2. COMMENCEMENT DATE:The rental commencement date of this lease shall be February 5, 2018. 3. RENTAL: The total gross rental for the first twenty-four months (24) months of this lease shall be Forty Thousand Eight Hundred and 00/100 Dollars ($40,800.00). Payment shall be made in the amount of Seventeen Hundred and 001100 Dollars ($1,700.00)each and every month, with the first payment due on February 5,2018. Adjustments to the total gross rental shall be made at one-year intervals for the term of this lease, commencing one year from anniversary date of this lease. The amount of any annual adjustment in the total gross rental, together with the total gross rental, shall thereafter be payable in twenty-four (24) equal monthly installments commencing with the first of the month following notification of the increase to LESSEE. The adjustment to the gross rent shall be by the CPI index, unless the adjustment would result in an increase of less than 3% over the previous year's base, in which case the increase shall be a minimum of 5% increase. The leasable space includes the 892 square feet of office space located at 100 NE 61h Street, Suite 102, Boynton Beach, FL 33435. See the attached plan. In addition. LESSEE shall pay applicable Florida Sales Tax with each installment of rent. The monthly payment of Seventeen Hundred and 00/100 Dollars ($1,700.00), and the current sales tax of 7.0% (or) one-hundred nineteen and 001100 Dollars ($119.00), makes the total monthly gross with tax: One Thousand Eight Hundred Nineteen and 00/100 Dollars ($1,819.00). All payments shall be made to LESSOR at 160 Hampton Place, Jupiter Florida or such other place and to such other person as LESSOR may from time to time designate in writing. Faithful payment by LESSEE of the rent at the time stated shall be of essence in the performance of this lease. In the event any monthly installment of rent, utility, or installment of security/last month, is not paid within seven (7) days after it is due and payable as set forth in this lease, lessee agrees to pay a late charge, an amount equal to Fifty Dollars($50.00). If any monthly installment of rent is not paid within (15)days after it is due and payable as set forth in this lease, lessee agrees to pay an additional late charge in an amount equal to One Hundred Dollars (100.00). Any late payment charges assessed pursuant to this paragraph shall be deemed additional rent. Furthermore, in the event lessee tenders any payment(s) by check to lessor as required under this lease, which payment(s) are returned unpaid to their bank due to insufficient funds, uncollected funds or for any other reason, tenant agrees to promptly pay to lessor an additional sum equal to One Hundred Dollars ($100.00), plus applicable late charges and bank charges. Said service charge shall be considered due as additional rent. In such event, lessor may, at its option, request lessees replacement payment and all future rental payments to be in the form of cash,cashier's check or money order. 4. ADVANCE RENT AND SECURITY DEPOSIT: Upon execution of this lease, Lessee shall pay the sum of Three Thousand Six Hundred Thirty-Eight and 001100 Dollars($3,638.00)representing the following: $1,819.00 First Month's Rent($1,700.00 base rent+$119.00, 7.0% sales tax) $1,819.00 Security Deposit(non Interest Bearing) $3,638.00 Total Due 5. USE: The premises shall be used for storing and repairing equipment pertaining to LESSEE'S business, warehousing and related activities, and for no other purpose without LESSOR'S prior consent. No outside containers, plastic barricades, or parts are to be left outside. 6. PARKING SPACES:This lease includes two(2)reserved parking spaces. 7. SIGNS: LESSEE shall secure written approval of LESSOR prior to installation at LESSEE'S expense of any and all signs. At termination of the lease, LESSEE shall have removed at his expense any and all signs LESSEE has installed in any areas other than that approved by LESSOR. 8. UTILITIES, FEES AND OTHER PAYMENTS: The leased unit shall be individually metered for electric and LESSOR shall be responsible to the utility company for cost of these services. LESSOR shall provide normal water and sewer usage. and minimum trash collection at LESSOR'S expense. The Condominium Association shall be responsible for maintaining the areas outside the premises as defined in this agreement and the LESSOR shall be responsible for the payment all condominium fees as assigned to this space. The LESSOR shall be responsible for acquisition and payment of paying insurance premiums as required to protect and repair damage to the interior structure and elements as identified as part of the lease space. The LESSE shall be responsible for acquisition and payment of paying insurance premiums as required to protect and repair damage to the equipment and personal items and elements as identified as"Tenant Hold"property. 9. MAINTENANCE: LESSOR agrees to make all repairs to the exterior of the building on the demised premises and alleys owned by LESSOR, LESSEE agrees to make and pay for all repairs and maintenance to the interior of the demised premises, including light fixtures and other items that are $200.00 or less. LESSOR shall promptly replace any plate glass which may be broken or damaged with glass of like or quality. Repairs to the heating and air conditioning equipment (including damage resulting from any burglary) by LESSOR shall be deemed to include the cost of the replacement of all parts, filters and/or refrigerants when needed. LESSEE; at its own expense, shall arrange for a recognized heating and air conditioning contractor to perform maintenance of such air conditioning equipment on a regularly scheduled basis and will furnish the name of the contractor and a copy of the maintenance program to LESSOR. LESSEE shall not permit any liens to be attached to the demised premises by reason of any labor or materials used in repairs or alterations by LESSEE. LESSEE shall provide its own pest control and janitorial services for the premises. 10.ACCESS TO PREMISES: LESSOR shall at all times have access to the leased premises. LESSEE shall obtain all keys to the demised premises from LESSOR, and LESSEE shall return all keys received to LESSOR on termination of this lease. During the three (3) months prior to expiration of this lease or any renewal thereof, LESSOR may exhibit the premises to prospective tenants. LESSOR shall at all times have the right to enter the premises and alter or repair the equipment, or use the workstation allocated for the LESSOR, of which the lease premises are a part. LESSOR may erect scaffolding and all other necessary structures, and LESSEE shall not claim or be allowed any damages for injury or inconvenience occasioned by LESSOR making alterations or repairs to the building of which the leased premises are a part. LESSOR shall, when making repairs and alterations to the building, do so in a reasonable amount of time so as to avoid as much as possible interference with LESSEE'S day-to-day business. LESSOR shall not in any event be liable for any loss, theft, damage or injury to property or person of LESSEE or any occupant of the premises. If door locks need to be changed, LESSEE is responsible for locks changed.LESSOR is required to have a copy of keys on file. 11. LESSOR'S INDEMNITY: LESSEE covenants and agrees with LESSOR that during the entire term of this lease, the LESSEE will indemnify and save harmless the LESSOR against any and all claims, debts, demands or obligations which may be made against the LESSOR or against the LESSOR'S title in the premises, arising by reason of, or in connection with, any alleged act or omission of the LESSEE or any person claiming under, by or through the LESSEE, and if it becomes necessary for the LESSOR to defend any action seeking to impose any such liability, the LESSEE will pay the LESSOR all costs of court and attorney's fees incurred by the LESSOR in effecting such defense, in addition to any other sums which the LESSOR may be called upon to pay by reason of the entry of a judgment against the LESSOR in the litigation in which such claim is asserted. From and after the time when the LESSEE commences actual use and occupancy of the demised premises, or any parts thereof, the LESSEE will cause to be written a policy or policies of insurance in the form generally known as Public Liability and/or Owner's, Landlord and Tenant Policies, insuring the LESSEE against any and all claims and demands made by any person or persons whomsoever for injuries or damages received in connection with the operation and maintenance of the premises, improvements and buildings located on the demised premises or for any other risk insured against by such policies. The policies shall be with an insurance company acceptable to LESSOR and shall have limits of not less than $500,000.00 for damages incurred or claimed by any one person for bodily injury, or otherwise, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury, or otherwise, plus $50,000.00 damages to property. All such policies shall name the LESSEE and the LESSOR, as their respective interest may appear, as the persons insured by such policies; and the original or a duplicate original of each of such policy or policies shall be delivered by the LESSEE to the LESSOR promptly upon the writing of such policies,together with adequate evidence of the fact that the premiums are paid. 12. ALTERATIONS: LESSEE agrees that the premises are in a tenantable and good condition and that no representations as to the condition thereof or as to terms of the lease were made by LESSOR or LESSOR'S agent prior to or at execution of this lease other than stated herein. LESSOR warrants all lights, electrical outlets, and air conditioning shall be in working order at the commencement of this lease. The premises shall not be altered, repaired or changed without written consent of LESSOR, that unless otherwise provided by this lease, all alterations, improvements or changes shall be done either by or under the direction of LESSOR. but at the cost of LESSEE: that all alterations, additions or improvements made in or to the premises shall be the property of LESSOR and shall remain and be surrendered with the premises on termination of the lease: that all damage or injury done to the premises by LESSEE, or any person who may be in or on the premises by the consent of LESSEE, shall be paid for by LESSEE on demand, and that the premises shall be surrendered in as good condition as at commencement of this lease except for normal wear and tear. Notwithstanding anything herein contained, LESSOR agrees that LESSEE may, at LESSEE'S expenses, install a burglar alarm and suitable telephone service without prior consent; however., a key to any burglar alarm system installed must be provided to LESSOR. 13. ELECTRICAL EQUIPMENT: LESSEE shall not connect any electrical equipment of any type to the electrical distribution system without LESSOR'S prior written consent, except that LESSEE may, without LESSOR'S consent, connect machines such as typewriters and adding machines, which do not: over tax the electrical system. LESSEE agrees not to connect with water pipes any apparatus using water without written consent of LESSOR. 14. LESSEE NOT TO DAMAGE BUILDING: LESSEE shall not mark, drive nails, screws or drill into, paint or in any way deface the interior or exterior of the leased premises of the building in which it is located. The expense of repairing any damage resulting from violation of this rule shall be borne by LESSEE. No awning; shade, sign, advertisement, or notice shall be inscribed, painted or affixed in or to any part of the interior or exterior of the building except by written consent of LESSOR. Electric wiring of any kind shall be introduced and connected as directed by LESSOR and no boring or cutting for wires shall be allowed except with consent of LESSOR. 15. LESSEE NOT TO INCREASE FIRE RISK: LESSEE shall not do anything in the premises or bring anything therein which will in any way increase or tend to increase risk of fire or rate of fire insurance, or which shall conflict with regulations of the municipal governments or with any insurance policy on the building or any part thereof, or with any rules or ordinances established by the State of Florida. 16. NON-LIABILITY FOR INJURIES AND DAMAGES: LESSOR shall not be liable to LESSEE for any damage occurring by reason of any defect in the premises; nor for any damage done or occasioned by or from plumbing, gas, water or other pipes or sewerage, or the bursting, leaking or running of any appliance, tank plumbing or other damage by water in, above on or about the premises, nor for any damage occasioned by water being on or coming through the roof, windows or otherwise, nor for any damage arising from any act or neglect of any co-tenant or other occupants of the building, or of any owners or occupants of adjoining, or contiguous property. 17. ASSIGNMENT END SUBLETTING: LESSEE agrees not to mortgage, assign or sublet this lease or the leased premises or any part thereof without written consent of LESSOR, which consent shall not be unreasonably withheld. Any transfer or assignment of this lease by operation of law without written consent of LESSOR shall make this lease voidable at the option of LESSOR. After assignments or subletting the original LESSEE shall remain liable on the lease. LESSOR may assign this lease incident to any sale of the building in which the leased premises are located, whereupon LESSOR shall be relieved form all other duties wider this lease if the buyer assumes those duties. 18. SUBORDINATION: LESSEE agrees to subordinate its lease at the request of LESSOR any number of times to the liens of construction and permanent mortgages which LESSOR may make at any institutional lender such as federal savings and loan associations, state or national banks, life insurance companies, mortgage companies and trusts. LESSEE may remain in possession of the lease premises upon performance of the lease in the event of foreclosure. LESSEE agrees to execute and deliver promptly upon requests of LESSOR, or its assignee, all instruments reasonably required by any such mortgage lender to more formally accomplish such subordination. 19. LIGHT AND AIR: LESSEE accepts the premises subject to interference with and damage to light and air by reason of the construction of buildings or other improvements, in or out of adjoining premises, and expressly agrees that such interference or damage shall not constitute an eviction, and LESSEE hereby waives any right which LESSEE, in the absence of this waiver,might have to terminate this lease by reason thereof. 20. NOISE OR NUISANCE: LESSEE, his employees or visitors shall not in any way obstruct the common areas, including parking areas, which would interfere with free access of any co-tenant to that tenant's leased premises. LESSEE shall not use any machinery on the premises which may cause any noise or jar or tremor to floors or walls, or which by its weight might injure floors of the building. LESSEE'S agents, employees and visitors shall comply with such reasonable rules and regulations that LESSOR and LESSOR'S employees or agents may establish from time to time,which in LESSOR'S judgement shall be necessary for the reputation, safety, care, appearance, operation, and/or maintenance of the building, its parking area, or equipment, or the more useful occupancy or the comfort of other tenants of the building. LESSOR shall give notice to LESSEE of such rules and regulations either orally or in a manner set forth in Article 28; however. at LESSEE'S written request. LESSOR shall confirm any such oral rules and regulation in writing. 21. DAMAGE AND CASUALTY: In the event the building shall be destroyed, or so damaged or injured by fire, or other casualty untenantable,then LESSOR shall have the right to render such building tenantable by repairs within one hundred and eighty (180) days therefrom. If said premises are not rendered tenantable within said time, it shall be optional with either party hereto to cancel this lease, and in the event of such cancellation, the rent and pro-rata expenses shall be paid only to the date of such fire and casualty. The cancellation herein mentioned shall be evidenced in writing. During any time that the lease premises are untenantable due to causes set forth in this paragraph the rent and pro-rata expenses or a just and fair proportion thereof shall be abated. LESSOR shall not restore fixtures and improvements installed by LESSEE either at the commencement of the lease or during the leasehold term. In the event LESSOR renders the building tenantable as provided herein, LESSEE shall be required to restore the leased premises to tenantable condition within ninety(90)days of the issuance of a certificate of occupancy to LESSOR on the building. In the event of the abatement of rent and pro-rata expenses as provided herein, said payments shall commence within ninety (90)days of the date upon which a certificate of occupancy is issued by the County of Palm Beach on the building or the date of occupancy of LESSEE,which ever shall first occur. 22. CONDEMNATION: In the event of the land or building of which the leased premises are a part being taken for public or quasi-public purposes, LESSEE shall have no claim to nor shall LESSEE be entitled to any portion of any award for damages, settlement, or otherwise, all such rights to such award being hereby assigned to LESSOR. In the event that only part of the premises is to be taken, this lease shall cease as to the part of the building taken (exclusive of land), and the rent stated herein shall be adjusted for the remainder of the lease term. 23. LESSEE'S INSOLVENCY: If LESSEE shall become insolvent or if bankruptcy proceedings are begun by or against LESSEE before the end of the term of the lease, LESSOR is hereby irrevocably authorized at its option to cancel this lease. LESSOR may elect to accept rent from a receiver trustee or other judicial officer, during the term of their occupancy in their fiduciary capacity without affecting LESSOR'S rights as contained in this lease, however, no receiver. trustee or other judiciary officer shall even have any right..title or interest in the lease premises. 24. LESSOR'S REMEDIES: It is further covenanted and agreed by and between the parties hereto that in case at any time the LESSEE defaults in the payment of any of the rent herein provided for, or should LESSEE or any of LESSEE'S agents or employees violate any of the terms or conditions of the lease, or should LESSEE move out, vacate or abandon the premises (absence for ten (10) days after default of payment of rent shall constitute an abandonment), or in the Event that LESSEE becomes bankrupt, insolvent,or makes an assignment, for the benefit of creditors,or discontinues business in the premises for any reason whatsoever, the balance of rental for the entire term of this lease shall become at once due and payable without notice or demand on the part of LESSOR, and LESSOR may proceed by attachments, suit or otherwise, to collect the whole rent reserved in the same manner, as if by the terms of this lease the whole rent for the entire term were payable in advance. 25. WAIVER: Failure of LESSOR to declare any default immediately upon occurrence thereof, or delay in taking any action in connection therewith, shall not waive such default, but LESSOR shall have tile right to declare any such default at any time and take such action as might be lawful or authorized hereunder, in law and/or in equity. No waiver by LESSOR of a default by LESSEE shall be implied and no express waiver by LESSOR shall affect any default other than the default specified in such waiver and that only for the time any extension therein stated. No waiver of any term, provision, condition or covenant of this lease by LESSOR shall be deemed to imply to constitute a further waiver by LESSOR of any other term, provision, condition or covenant of this lease. The rights and remedies created by this lease are cumulative and the use of one remedy shall not be taken to exclude or waive the right to use of another. 26. HOLDING OVER: In the event LESSEE holds possession of the premise after the expiration of the term of this lease,either LESSOR or LESSEE may terminate such tenancy, which shall be from month-to-month, upon thirty (30) days written notice. All the terms and conditions of this lease shall continue to be binding upon both LESSOR and LESSEE until such month-to- month tenancy is terminated by either party. The monthly rental for the holdover period shall reflect the increase or decrease in the United States Consumer Price index(CPI-U)as delineated in Article 3 of this lease. Landlord: Alexis Knight Investments, LLC 160 Hampton Place Jupiter, FL 33458 Tenant: Alexis Knight Architects, Inc. 100 NE 611 Street. Suite 102 Boynton Beach, FL 33435 27. NOTICES: Any notice, demand or document required or permitted to be delivered hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United States Mail, postage prepaid, certified or registered mail, addressed to the parties hereto at their respective addresses set out below, or at such other address as they may designate by written notice delivered in accordance herewith: 28. QUIET ENJOYMENT: LESSOR covenants that LESSEE, on payment of all of the aforesaid installments and performing all the covenants and observing all the rules and regulations, shall and may peacefully and quietly have, hold and enjoy the lease premises for the term of this lease. 29. BINDING EFFECT/ENTIRE AGREEMENT: The terms LESSOR and LESSEE, as herein contained, shall include singular and/or plural, masculine, feminine and/or neuter, heirs, successors, executors, administrators, personal representatives and/or assigns wherever the context so requires or admits. The terms, provisions, covenants and conditions of this lease are expressed in the total language of this lease agreement and the paragraph headings are solely for the convenience of the reader and are not intended to be all-inclusive. This lease contains the entire agreement between the parties hereto and all previous negotiations leading thereto, and it may be modified only by an agreement in writing signed by LESSOR and LESSEE. No surrender of the leased premises or of the remainder of the terms of this lease shall be valid unless accepted by LESSOR in writing. LESSEE acknowledges and agrees that LESSEE has not relied upon any statements, representation, prior written or prior or contemporaneous oral premises,agreements or warranties except as are expressed herein. 30. SEVERABILITY: If any term, provision, covenant: or condition of this lease or the application thereof to any person or circumstance shall, to any extent be invalid or unenforceable, the remainder of this lease, or the application of such terms, provision, covenant or condition to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and each term provision, covenant or condition of this lease shall be valid and be enforceable to the fullest extent permitted by law. This lease shall be construed in accordance with the laws of the State of Florida, and venue for any proceeding hereunder shall be in Palm Beach County,Florida. 31. WAIVER OF TRIAL BY JURY: It is mutually agreed by and between LESSOR and LESSEE that the respective parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matter arising out of or in any way connected with this lease, the relationship of LESSOR and LESSEE and LESSEE'S use of or occupancy of the premises. LESSEE further agrees that it shall not interpose any counterclaim or counterclaims in a summary proceeding or in any action based upon non-payment of rent,or any other payment required of LESSEE hereunder. 32. TAXES ON LESSEE'S PERSONAL PROPERTY: LESSEE shall be responsible for and shall pay before delinquency all municipal, county or state taxes assessed during the term of this lease against any occupancy interest or personal property of any kind, owned by or placed in, upon or about the leased premises by the LESSEE. the building and parking facilities and protection and welfare of building and parking facilities, its tenants, visitors and occupants. LESSEE hereby agrees to comply with the same upon delivery of a copy thereof to LESSEE, providing the same are reasonable and do not deprive LESSEE of its rights established under this lease. 34. GOVERNMENTAL REGULATIONS: LESSEE shall faithfully observe in the use of the leased premises all applicable governmental ordinances and codes and State and Federal statutes now in force or which may hereafter be in force. For purposes of this section, the term "code" shall mean the Palm Beach County Building, Electrical,Air Conditioning, Plumbing or other code,as the same may be applicable from time to time. 35. ABANDONMENT: If, during the term of this lease, LESSEE shall abandon, vacate or remove from the leased premises, the major portion of the goods, wears, equipment of furnishings usually kept on said leased premises,or shall suffer the rent to be in arrears, LESSOR may, at its option, cancel this lease by written notice to LESSEE at LESSEE'S address as provided in Paragraph 27, or LESSOR may enter said leased premises as the agent of LESSEE by force or otherwise, without being liable in any way therefore, and relet the leased premises with or without heavy furniture that may be therein as the agent of LESSEE, at such price and upon such terms and for such duration of time as LESSOR may determine and receive the rent and pro-rata expenses therefore, applying the same to the payment of the sums due by LESSEE and if the full rental and pro- rata expenses herein provided shall be realized by LESSOR over and above the expenses to LESSOR of reletting, LESSEE shall pay any deficiency. 36. ASSIGNMENT OF CHATTELS: LESSEE hereby pledges and assigns to LESSOR as security for the payment of any and all rental or other sums or amounts provided for herein, all of the furniture, fixtures goods and chattels of LESSEE which shall or may be brought or put on or into said leased premises, and LESSEE agrees that said lien may be enforced by distress, foreclosure,or otherwise,at the election of LESSOR. 37. MECHANIC'S LIENS: All persons to whom these presence may come are put upon notice of the fact that the LESSEE shall never, under any circumstances, have the power to subject the interest of the LESSOR in the premises to any mechanic's or materialmens liens or lien of any kind, unless a specified provision to the contrary authorized in specific terms the creation of such lien or liens is elsewhere herein contained. LESSEE further agrees that LESSEE will pay all liens or contractor's, subcontractor's, mechanics, laborers, materialmen, and other items of like character, and will indemnify LESSOR against all expenses, costs and charges, including bond premiums for release of liens and attorney's fees reasonable incurred in and about the defense of any suit in discharging the said premises or any part thereof from any liens,judgments or encumbrances caused or suffered by LESSEE. In the event any such liens shall be made or filed, LESSEE shall bond against or discharge the same within ten (10) days after the same has been made or filed. It is understood and agreed between the parties hereto that the expenses, costs and charges above referred to shall be considered as rent due and shall be included in any lien for rent. 38. OPTION TO CANCEL: The LESSEE has the option to terminate this lease at the first year anniversary date, if LESSEE provides LESSOR a written notice at least ninety(90)days in advance of the anniversary date. 39. ATTORNEY'S FEES: The parties agree that in the event the LESSOR must employ counsel to represent him to enforce the terms and provisions and his rights under the terms of this Agreement,that LESSEE will be fully responsible for reasonable attorney's fees and costs both at trial and appellate level. 40. MOVING OUT:The LESSEE is responsible to fully complete the move out and repair process on the last day of the lease or the last day agreed by the LESSOR. LESSEE will surrender all keys, alarm codes, and make an appointment with LESSOR on or before Lease expiration. If LESSEE fails to fully move out or complete fully the move out condition, LESSEE may be charged an additional month. Repairs if not completed will be repaired and charged against LESSEE's security deposit. Security will be refunded less any costs of damage or less any rent due to LESSOR within 30 days after all keys have been transferred back to LESSOR. 41. INSURANCE: LESSEE will provide LESSOR with a certificate of insurance showing LESSOR as additional Insured on LESSEE's General Liability policy. Such certificate shall be provided within thirty(30)of the Lease's effective date. Failure to do so will result in an increase of$200.00 of the regular rent. Landlord Date Alexis Knight In tments, LLC 160 Hampton Place Ju iter, F 33458Vm., Tenant: Date Alexis Knight Arch cts, Inc. 100 NE 6th Street, Su 102 Boynton Beach, FL 3343 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CONSENT AGENDA AGENDAITEM: 10.0. SUBJECT: Approval of Commercial Facade Improvement Grant Program in the amount of $1,750 for Ekel, LLC located at 634 E. Ocean Ave SUMMARY: The CRA's Commercial Facade Improvement Grant Program provides financial assistance to a commercial property owner or commercial tenant in order to incentivize private sector investment for the exterior improvement of existing commercial properties within the CRA District. CRA staff has received a completed grant application from Ekel, LLC the property owner at 634 E. Ocean Avenue (see Attachments 1-11). As the property owner, Ekel, LLC commissioned a local artist, Craig McInnis to paint a mural called "Set Free" on the west side of the property. The artwork went before the City of Boynton Beach Arts Commission and was approved at their March 8, 2018 meeting (see Attachment 111). The Commercial Facade Improvement Grant Program provides a 50% funding match as reimbursement of the applicant's expenditures for the eligible improvements up to a maximum grant total of $25,000. If approved, the applicant is eligible to receive a grant maximum amount of $1,750 in reimbursable funds based the project invoice as submitted totaling $3,500 (see Attachment IV). While Ekel, LLC worked diligently with the City to meet their requirements regarding the public art addition, one of the CRA Commercial Facade Improvement Grant requirements was overlooked by the applicant. Per the grant application, project items paid for more than 60 days prior to grant approval are not eligible for reimbursement. Ekel, LLC paid the artist in full on February 22, 2018 which marks their project outside of the 60-day requirement. The applicant is requesting the CRA Board waive the 60-day requirement and approve their grant application in order to move forward with the reimbursement process (see Attachment V). Ekel, LLC's request exceeds staff's administrative authority. However, the request could be supported based on the applicant's inexperience with and misunderstanding of the regulatory process which put the company out of compliance with the 60-day window by only a few weeks. If the grant application was submitted to the CRA concurrently with Public Art Board application, the 60-day would not be an issue. Subject to Board approval, CRA funds may be released as reimbursement once the proper documentation is submitted to staff for review and approval. FISCAL IMPACT: $1,750 - FY 2017 -2018 Project Fund, line item 02-58400-444 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Facade Improvement Grant not to exceed $1,750 to Ekel, LLC located at 634 E. Ocean Avenue. ATTACHMENTS: Description D Attachment I -Commercial Facade Grant Application D Attachment II - Location Map D Attachment III -City of Boynton Beach Arts Commission Approval D Attachment IV - Invoice D Attachment V - Letter of Request BOYNTON IN&MBEACH "'CRA October 1, 2017 — September 3 , 2018 BOYNTON BEACHCOMMUNITY V L T AGENCY COMMERCIAL CAS IMPROVEMENT T PROGRAM Program Rules and Regulations The Commercial Facade Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA") District. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs that result in more visually appealing commercial properties or other improvements in accordance with the CRA Community Redevelopment Plan. The CRA reserves the right to approve or deny any Commercial Fagade Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the CRA District. The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Fagade Improvement Grant Program offers financial assistance in the form of a reimbursable, matching (50%) grant up to $25,000 to the landlord or business owner for eligible expenses associated with improving the external appearance of their business and to encourage businesses to invest in their operations. Initials Page 1 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace_program.php or by contacting the City at (561) 742-6067 Attached is the ReNew PACE Eligible Product List. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Must be located within the CRA District (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • If tenant, applicant must have an executed multi-year lease (two year minimum). • Fagade improvements must be consistent with the CRA's Urban Design Guidelines (Note: CRA Design Guidelines are available on the CRA website. All proposed exterior improvements using CRA funds must be approved by the CRA Board. The CRA Board may make recommendations for exterior improvements based upon the CRA Urban Design Guidelines). • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed in the Boynton Beach/Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a fagade grant application. • Grant funding amounts will be based on the applicant's project budget specified at the time of the CRA approval. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Fagade Improvement Grant Program may only be used one time in any five year period for any one property. Properties may reapply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks Initials Page 2 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561) 737-3258 www.catchboynton.com reimbursement. To ensure that the property does not have any outstanding code liens, violations or monies owed for utilities the CRA will perform a lien search on the property at a cost of $115.00 which will be deducted from the grant funding to the recipient. In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. ® The property owner or tenant must complete the fagade improvement project and submit for reimbursement within 120 days of the issuance date of the permit for the project. If CRA Board approves grant funding and the work being performed does not require a permit, the application for reimbursement must be within 120 days of the grant award. Failure to complete the improvements within the specified time frame will result in the property owner or tenant losing the grant reimbursement opportunity. Only one 60 day administrative extension will be permitted. ® Project items completed and paid for more than 60 days prior to grant approval by the CRA Board are not eligible for reimbursement under the grant program. ® Items completed and paid for by the applicant prior to CRA Board approval may be excluded and/or denied at the CRA Board's sole discretion if the CRA Board determines the improvements are not consistent with the CRA's Design Guidelines. ® Application and CRA Board approval of this grant is for funding only. Approval of CRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. ® Grantees shall allow the CRA the rights and use of photos and project application materials. Projects and items eligible for funding under the program are limited to: ® Decorative exterior fagade ® Patio decks connected to the improvements building ® Landscaping around the building ® Irrigation ® ADA improvements ® Exterior wall repairs (stucco, • Signage brick/wood repairs and • Exterior doors/windows replacement) ® Exterior Lighting Initials Page 3 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561)737-3258 www.catchboynton.com • Parking lot re-paving, re-sealing, re- • Demolition of structure and re- striping sodding of vacant property • Fencing (excluding: chain link, • Solar electricity and water heating — barbed wire, and wood panels) See Attached ReNew PACE Eligible Product List • Electric vehicle charging station — See Attached ReNew PACE Eligible Product List Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and, • Consequences of default on the lease. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Application Process Applications can be obtained from the CRA office located at 710 North Federal Highway, Boynton Beach, FL 33435 or downloaded from www.catchboynton.com. All applicants are required to meet with CRA staff in order to determine eligibility before submitted an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. Initials Page 4 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -3256 Fax: (561)737-3258 www.catchboynton.com Applicants must submit an original, "hard copy" application with all materials to the GRA for review and approval by the CRA Board. Applicants will be considered on a first- come, first-serve basis. Application packets must include the following documentation: 1. Written detailed project budget describing the improvements to be done to the property. It must list all project costs the applicant is requesting for reimbursement. The project budget must provide a total cost of the project. 2. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. 3. Copy of building permit receipt/application. If the permit has not been applied for prior to submissions of the grant application, a copy of the building permit receipt is due within 90 days of grant approval. 4. Copy of Warranty Deed. 5. Copy of executed multi-year commercial lease agreement. 6. Copy of design and construction plans associated with the proposed improvements. 7. A minimum of four color digital "before" photos of the project. 8. Signage design. 9. Project color chips, material samples and material specifications, if applicable. 10.Completed and signed application (attached). 11.W9 Form (attached). 12.City Planning and Development Department Acknowledgement Form (attached). 13.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 12 and 13) must be completed and submitted to the appropriate departments located at City Hall 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All required documentation must be submitted no later than noon on the first Tuesday of the month. CRA staff will review the application to verify that the project is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and approval. The CRA Board meets on the second Tuesday of each month. The schedule for CRA Board meetings can be obtained at www.catchboynton.com. Applicants will be notified of the date and time that their applications will be considered by the CRA Board. Initials Ukn Page S of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com The CRA recommends that applicants attend the CRA Board meeting during which the Board will consider their applications in order to answer any questions the CRA Board may have regarding their applications. CRA staff will notify the applicant of the CRA Board's approval or denial in writing. Site Visits CRA may conduct a site visit prior to transmitting the application to the CRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant agreement. Procedures for Reimbursement This program is designed as a matching 50% grant. All work must be completed and paid for by the applicant prior to the release of CRA funds. The CRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the CRA (3) days prior to the grant expiration date. The CRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full". Proposals for "work to be completed" or "bids" are not considered proper documentation. a. Each item will be supported by a canceled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. 2. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. Initials Page 6 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561)737-3258 www.catchboynton.com 3. Proof that the work has been approved by the City of Boynton Beach Building Department, i.e. Copy of Certificate of Occupancy/Completion 4. CRA has received copies of final inspection approvals for all work that requires a permit. 5. Entire scope of work for eligible items is completed. 6. A minimum of 4 color "after" photos of the project. By submitting for reimbursement, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees, and permits. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Facade Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the CRA to any third party. The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the CRA to award grant funding. Initials Page 7 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435— Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com BOYNTON Ota \3`l�� x BE AC H ma" APPLICANT INFORMATION BUSINESS INFORMATION: BusinessName (d/b/a if applicable): L y L-l—t Current Business Address: Fed ID#: Business Phone Number: — = Cell: 2S-1 Website: Existing Business: Yes No Number of years in existence: C Time at Current Location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes _ No ___-If so, monthly base rent: New Business Address: Square footage of current location: 2tC) Square footage of new location: NiA Type of Business: Number of Employees: Hours of Operation: Qo'i Pon List of improvements seeking reimbursement for: \Ak;"r Requested grant amount: -� b Page 8 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com 10 NN BQYNTON g�hh APPLICANTBEACKA.. KA INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: To hn mcoor)&'Aq�N Date of Birth: 1112-S-)-1Email: � 'lE� 'c t �t�y id ( c Residential Address: C, Q '2- Cell Phone Number: m-Zz I 2. Principal/Owner Name: t Date of Birth: Email: 1CTonOt -A - Q t W1i d Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistant under any other program offered by the CRA? Yes No X If yes, what additional programs are you applying for: Page 9 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com BOYNTON BEACHKA APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes®No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: JbVin mcbC k -% Landlord's Mailing Address: 1 - & ( Lr z L Landlord's Phone Number: = gyp -2- Page Page 10 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435— Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com BOYNTON. .....! t BEACKC R, ,A APPLICANT INFORMATION CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Facade Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Facade Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the CRA may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. Initials _zz� Page 11 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561)737-3258 www.catchboVnton.com BOYNTON' BEACKC A APPLICANT INFORMATION I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Initials Page 12 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com J t BOYNTON` �` C R' *&&%BEACH APPLICANT INFORMATION APPILICAlir SiGNATu S- ---- 1. � ,; i Prin ia per's Sig tur Date i 2 Printed Name Title b 2. ej� / j 1 Prin i /Owner's Signature Date k 0 Printed Name L.11Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF_ "L COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths anq take acknowledgements, personally appeare nw&-g b® is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20 •, Y MARY ELIZABETH BOWMAN NUT , t, .c MY COMMISSION#GG 055668 My sion Expires: EXPIRES:April 14,2021 9re ;o;;��.•' Bonded Thru Notary Public Underwriters f14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561) 737-3258 www.catchboynton.com aOYNTON aEACH .- LANDLORD INFORMATION LANDLORD SIGNATURES: 1. rLl- '�--/-�� I �-" La o 'signatu Date 0 � �] rZ- Printed Name V Title 2. � r Lan d's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF / & BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared A Me DenDenalkj k o is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20 •i'Ar'� MARY ELIZABETH BOWMAN — * ' MY COMMISSION#GG 055669 rom"mission PUBLIC PThfuNtAfyPu 10Ufto1 Expires: 9or�ded fibro No�ryr uDiic ur�naril�ra Page 14 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561) 737-3256 Fax (561) 737-3258 www.catchboynton.com 5/2/2018 PAPA Maps DOROTHY) S �CFA,AAS {}1 syx5i4fixy Palm Beach County Property Appraiser _ Rh ne44 Search by Owner,Addressor Parcel A 19" View Property ' Owners a EKEL LLC i Property detail ,,. ,rl 634 EOCEAN AVE MurmcioahtyBOYNTON BEACH Parcei No. 08434527040000920 - Sojlkdivia,iorl LAWNS -- ,..,.< 28724 Page 16614cealnA, � E 4Jcean-Ave � r .. = ��taa*rsatF.tawie� t Sa.ie Da e=. NOV-2016 3195E ATLANTIC DRMai iolg if1�a1, fad d.e ss LAKE WORTH FL 33462 1903 Jse.iyoe 1 100-STORES 2950 'Uaoe ee Sales Information Sales Date Price NOV-2016 508000 - APR-2012 10 - J 4 slle�'s }IlJtis lrlt,{ e t ( AI ; JUL-2007 10 - e - UL-2007 10 `11 - JUN-2004 1 12 i Appraisals Tax Year 2017 .. e._erl"V .ue=. $200,803 .. ;,:� ., .ue'- $231,000 ; $431,80 .te. t� e= $431 803 -- J All values are as of January 1 st each year `9�i1J1 - ,t,,,tuA Assessed/Taxable values Tax Year 2017 A^sesse t . e=. $431,803 xe ,e.l $0 , - JIM, o xa �tawe. $431 803(4 MIA ttttttttttttttssssssssssssssst tit! � s( fi U°pp JY Y1 Taxes �tI ti € Tax Year 2017 is\;t� +u ra mJ. �� a�1IiY� t `r _ ,'. 1'1tttU�ttJ`v'it its ` fir.. Ad Vaiorem $9 220 .w,�..Ad Valorem $1,382 ` x $10,602 '. http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434527040000920 1/1 The City ofBoynton Beach DEVELOPMENT 7 E T 9� PLANNING AND ZONING®IVISON ` 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 +� TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org April 10, 2018 Ms . Gabrielle Africano Leeward Luxury 636 E. Ocean Avenue Boynton Beach, Florida 33435 Re: 636 E. Ocean Avenue Mural MMSP 18-065 Dear Ms . Africano: In response to your request date-stamped April 3 , 2018 for the administrative review and approval of the modifications proposed to the above-referenced approved site plan, depicting the following: • Modification of fagade, to include painting of a mural previously approved by the Arts Commission (as depicted on the attached plan) . Please be informed that the proposed changes on the revised plan date stamped 4/3/18 are "minor" as defined within the Land Development Regulations, Chapter 4 - Site Plan Review. This Minor Site Plan Modification approval is subject to the following conditions : 1. As reflected on the mural drawing submitted, no wording may be added to this wall now or in the future, in conjunction with the mural, without subjecting the painting to the limitations of the sign code. Please contact me at (561) 742-6260 if you have additional questions . Sincerely, Ed Breese, Principal Planner Cc: Debby Coles-Dobay, Public Art Administrator Cltv rb�Rgp%munl Bench Es 045W 4ve , Art in Public Phices March 12, 2017 Leeward Luxury 636 E. Ocean Ave Boynton Beach, FL 33435 Attention: Gabrielle Africano APR 03 20 8 Cc: JJ McDonough PLANNING & ZONING Subject: Leeward Mural Approval Ms Africano, At the March 8, 2018 Arts Commission meeting the board approved the completed mural titled, "Set Free" by Craig McInnis on the west side of the Leeward Luxury building in the driveway passage between the two office buildings. We look forward to seen the mural completed. Thank you Debby Coles-Dobay, Public Art manager Cc: Lori LaVerriere, City manager Tim Howard, Assistant City Manager Ed Breeze, Principal Planner NJ s 3s N om Public Art Manager Office'.ofthe*City Manger loo East Boynton Beach Boulevard, Boynton Beach;Florida 334256 phone 561'.74 .6026,-,email:'colesdobayd@bbflus 7''., 7;; ,rr Date 1.16.18 ..................... ......... Leeward Luxury Mural Craig McInnis Studios 610 23rd St Unit D WPB FI. 33407 561 .389.4800 r�art i trn il. rr� Bill To: Leeward Luxury Design and implement mural on west exterior wall $3,500.00 TOTAL $3,500.00 Deposit $2,000.00 Balance $1,500.00 LEEWARD May 4th, 2018 To whom it may concern: Ekel, LLC has been working diligently since July of 2017 to figure out the process in which we can obtain a grant through the CRA.We have communicated multiple times with the city of Boynton Beach since then (2/22/18, 2/27/18, 3/2/18, 3/9/18, 3/22/18, 4/3/18, etc.) Over the past 10 months,we have attempted to go through the art approval process and were unsuccessful in acquiring the right information in the timing of the completion of the project and grant application. I would greatly appreciate if the board would waive the 60-day requirement, allowing us to obtain a grant for the mural at 634 E Ocean Ave. Sincerely, ty John McDonough 636 Eist 0=rl A,CIIU .Bo,,r oii Lac;,tch. FL 33435 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CONSENT AGENDA AGENDAITEM: 10.P. SUBJECT: Approval of Extension for Divine N Corp, d/b/a That's Amore's Commercial Interior Build-Out Grant and Commercial Facade Improvement Grant Programs located in Casa Costa SUMMARY: On November 14, 2017 the CRA Board approved a Commercial Interior Build-Out Grant to Divine N Corp, d/b/a "That's Amore Italian Pizzeria" in the amount not to exceed of $27,000 as well as an approved Commercial Facade Improvement Grant in the amount not to exceed of $1,700 for eligible improvements in their new location at 308 N. Federal Highway at Casa Costa (see Attachment 1). Per the grant guidelines, the applicant has 120 days from permit approval to complete their project and submit for reimbursement. The grant was schedule to expire on March 2, 2018. On March 1, 2018, Natacha Kablova, owner of That's Amore, sent a letter requesting the 60-day administrative extension to April 30, 2018 in order to submit for reimbursement which was approved by staff (see Attachment 11). That's Amore Italian Pizzeria has been open and operating successfully under a Temporary Certificate of Occupancy (TCO) since February 20, 2018 and is currently operating under a 30- day TCO extension which expires on May 13, 2018 (see Attachment 111). The City is requesting a revised interior layout regarding the seating in order to issue the final Certificate of Occupancy (CO). Per the grant guidelines, the grantee cannot receive grant reimbursement until they provide proof that the work has been completed in conformance with applicable codes resulting in the issuance of a CO by the City of Boynton Beach Building Department. That's Amore Italian Pizzeria has provided all other reimbursement documents as required by the grant program and is requesting a 60-day extension to allow time for the issuance of the CO (see Attachment IV). FISCAL IMPACT: $27,000 — FY 2017-18 Project Fund, line item 02-58400-444 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the request of a 60-day extension of the Commercial Interior Build-Out Grant and Commercial Facade Improvement Grant ATTACHMENTS: Description D Attachment I - November Minutes and Map D Attachment II -Administrative Extension Request D Attachment III -Current Temporary Certificate of Occupancy D Attachment IV - Extension Request Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 D. Approval of Fashion Shoppes Boutique, Inc. for Commercial Facade Improvement Grant Program E. Approval of Boss Tacos, Inc. for Commercial Facade Improvement Grant Program F. Approval of Divine N Corp, d/b/a That's Amore for Commercial Interior Build- Out Grant Program G. Approval of Home Racer, LLC for Commercial Rent Reimbursement Grant Program Motion Vice Chair Katz moved to approve the Consent Agenda. Board Member Romelus seconded the motion that unanimously passed. X1. Pulled Consent Agenda Items None. XII. Public Hearing XIII. Old Business A. Financial Report Period Ending October 31, 2017 Mr. Simon explained this item is usually under Information Only, but was moved to Old Business in case the members had any questions. Board Member McCray asked if the CRA was on track and learned they were. An audit will take place at the end of November and a report will be made in January. It was noted the CRA did very well last year. B. Neighborhood Officer Program 4th Quarter Reports for FY 2016 — 2017 Mr. Simon explained the report was in the backup. Sergeant Diehl was present if there were any questions. Board Member McCray was glad to see the newest member present. Board Member Romelus thanked the Officers for attending various events. C. Consideration of Amendment to the Interlocal Agreement for the Neighborhood Officer Program for FY 2017 — 2018 Mr. Simon explained this item was a housekeeping item. The Interlocal Agreement with the City for this program is an annual agreement. Now that a third officer was added, 9 10/3/2017 PAPA Maps mom*CFA AAS m p Search by Owner Address or Parcel ."4th s sO O wh r.a w��r - { N3rdAue r�i 1 - s Is t ��z E�3oyntan,Beach C�YYc# tr< ' Ig _ r 1 a asa Lom r LLJ to http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434522470120411# 1/1 Date: March 1, 2018 To: Boynton Beach CRA From: Pizzeria That's Amore (Divine N Corp) Ref: 60 days grant extension request Dear Sir, Madam, We would like to kindly request to extend our grant for build-out, signs and rent for 60 days due to an unforeseen delay with projected opening date and completion of work at our pizzeria. Please let us know if you might need any additional information, details from us in order to give us this extension period. Thanks you for all your support! Best Regards Natacha Koblova CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT I BUILDING DIVISION 110 too"too Beth Doukvxrd•Boy d,FL JU425&(W)742 *Fat 742-M7 TEMP _ RYIPARTIAL ERTIFI ATE CUPA N CY Project: Permit: 17.0000 311 Ey this Temporary/Partial Certificate of Occupancy, permission is hereby given to occupy the building or portion of the building Identified by the address 308 N FEDERAL HWY' E8 for a period of thirty(30)days beginning April 13, 2018, in accordance with the stipulations stated in the Application for Temporary/Partial Certificate of Occupancy. ui d ial or Represe—AftWe The following conditions roust be satisfied prier to they issuance of an uncorditional Certificate of Occupancy: 1. Pending all final inspections 2. Fire Revision needed for final indicating fire alarm system is not required. 3. Building-- 1. Revised plans required for changes to furniture layout, seaft/dinning area. Short wall not installed, and rear bench seats not installed. 2, Revised plans required fear change in Type of Construction for building In review, 3. Floor plan changed, no bench seats, no knee wall. Date: April 27,2018 To: Boynton Beach CRA From: Pizzeria That's Amore (Divine N Corp) Ref. 60 days grant extension request Dear Sir,Madam, We would like to kindly request to extend our grant for build-out,signs and rent for 60 days due to an unforeseen delay with our CO. We are open for business as of February 20, 2018 and operate under a TCO. Please let us know if you might need any additional information,details from us in order to give us this extension period. Thanks you for all your support! Best Regards Natasha Koblova I t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CONSENT AGENDA AGENDAITEM: 10.Q. SUBJECT: Approval of Extension for Driftwood 2005, LLC's Commercial Facade Improvement Grant Program located at 2005 S. Federal Highway SUMMARY: On January 18, 2018 the CRA Board approved a Commercial Facade Improvement Grant to Driftwood 2005, LLC in the amount not to exceed $2,255 for eligible exterior improvements at the property located at 2005 S. Federal Highway(see Attachment 1). Driftwood has purchased and successfully remodeled the former Skully's Restaurant. The new restaurant is currently open and operating, offering American cuisine featuring contemporary cocktails and entrees highlighting local produce and meats. Per the grant guidelines, the applicant has 120 days from permit approval to complete their project and submit for reimbursement. The grant was scheduled to expire on March 22, 2018. On March 22, 2018 we received an email requesting the 60-day administrative extension to May 21, 2018 in order to complete their facade improvements which was approved by staff. On May 1, 2018, CRA staff received a letter requesting an additional 60-day extension due to fabrication delays with the new awning. Driftwood received confirmation from the awning company that the install would take place the week of May 28, 2018 (see Attachment II & III). CRA staff recommends extending the Commercial Facade Improvement Grant to July 20, 2018 to allow time to complete the installation of the new awning and submit their request for reimbursement. FISCAL IMPACT: $2,255 — FY 2017 -2018 Project Fund, line item 02-58400-444 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve a 60-day extension of the Commercial Facade Improvement Grant not to exceed $2,255 to Driftwood 2005, LLC located at 2005 South Federal Highway, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -January Board M inutes and Map D Attachment II - Extension Request D Attachment III - Install Dates Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 1 , 2018 and residents questioned how many hot dog and hamburger vendors were needed. He thought the CRA should consider some of the prices of the vendors participating in the event. He thought a variety of different foods were needed. Vendors would bring more people and more people would bring in other vendors. He commented people go where people are. If they open the field up for other people to attend who can afford to pay a vendor fee, there is more success. He did not see children's vendors. Unity means open to all and he thought those were some of the reasons why the event was failing. He wanted to show unity with everything across the board. He emphasized more variety and selection with vendors was needed. Devonte Watson, 22A Crossing Circle, a sports entertainment event management marketing major, commented numbers do not matter if no impact is made and he did not feel the marketing was effective. He announced continuous posts alerting the public to the different features of the event were needed. He thought if the community is to be involved, they should be part of the event. This year there were no poems, students talking, or dancers. If more of those activities were included, such as the Boynton Beach Cheerleaders, their families and friends would attend. He expressed ore events of substance in the community, such as voting were needed and interacting more with the community and honing in on the marketing would be beneficial. The world is in a digital age and staff should put an extra foot forward. Mark Karageorge, 240A Main Boulevard, reminded the Board the CRA has excellent staff with expertise. He announced he had friends who marched with Dr. King and the holiday was important to him. In the past, the City had great galas. One of the finest MLK speeches given at the Gala was by Willie Gibson, who is an example of individuals in the community who put God first. He was disappointed about the poor attendance and asked why the Gala was cancelled. He noted St. John Church had an event and they tried to get other churches involved. It was planned at the last minute after they learned the Gala was cancelled. Over 100 people attended a breakfast at the Church to honor Dr. King's life. 10. Consent Agenda A. Monthly Purchase Orders B. Approval of CRA Board Special Meeting Minutes - December 5, 2017 C. Approval of CRA Board Meeting Minutes - December 12, 2017 D. Approval of Driftwood 2005, LLC for Commercial Facade Improvement Grant Program E. Approval of Driftwood 2005, LLC for Commercial Interior Build-Out Grant Program 7 9/19/2017 PAPA Maps UFA, Search by Owner,Address or Parcell' -.``"'"�—no 1 pis.. : View Property Record t } iyt y Owners SCULILY JOAN N SCULILY KEVIN D& Property detail Location 2005 S FEDERAL HWY l '0� Municipality BOYNTON BEACH ,i t° Parcel No. 08434533020000010 Subdivision HAPPY LANE BOYNTON IN � � ' V l -t y i '� ill I I r) i AF Book 14147 Page 1964 Sale Date SEP-2002i b - 4�Ilii �J I,Q HYu 941 BROOKDALE DR Mailing Address BOYNTON BEACH FL 33435 6101 Use Type 2200-RESTAURANT, DRIVE IN Total t { Square Feet Sales Information Sales Date Price SEP-2002 330000 JAN-1999 50000 s l ik lii,tl,t}t?ii �lt sss\ to +a . JAN 1999 145000 Appraisals Tax Year 2017 P Improvement Value $95,816 Land Value $289,210 iSf r �r Y Total Market Value $385,026 P All values are as of January SE20th C4 SE ?Qth � Preliminary 1st each year Assessed/Taxable values ' '. Tax Year 2017 - ,� s Assessed Value $326,510 Exemption Amount $0 x. - �"lyd'. i I� X j% Taxable Value $326,510= - r y Taxes Tax Year 2017 P Ad Valorem $7,391 �Mk t�,r e!i �'et�lllis�itt �''4 j hit+l tl�'3�)1l4NiS�� t1F �Y �, tt at Non Ad Valorem $2,591 �,r + S� 21st 4ve,tssitts�, �;2gs� ya Total tax $9,982: http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434522000007020 1/1 Nicklien, Bonnie From: Ilia Gonzalez <igonzalez151@live.com> Sent: Tuesday, May 01, 2018 6:14 PM To: Nicklien, Bonnie Subject: Request for an extension on the Facade Grant Board Members of the Boynton Beach CRA, Driftwood 2005 LLC will like to request an extension to meet the requirements for the Facade grant. We've encountered some delays with the fabrications and install of our new awning. We received confirmation that we will get it installed on the week of June 4th, 2018. Please advise if an extension would be possible at this time. Regards, Ilia Gonzalez Manager/Owner driftwoodboynton.com @eatdrinkdriftwood �- uz r , aw �r. 1 Nicklien, Bonnie From: Jimmy Everett <jeverett98@gmail.com> Sent: Thursday, May 03, 2018 4:52 PM To: Nicklien, Bonnie Cc: Ilia Gonzalez Subject: Fwd:Awning Proposal Attachments: Deposit Invoice 18015.pdf Follow Up Flag: Follow up Flag Status: Flagged Bonnie, let me know if this works. We will send a copy of the check we cut for deposit also. Thanks Jimmy Begin forwarded message: From: "Don Day" <don(j�delrayawning.com> Date: May 3, 2018 at 3:50:40 PM EDT To: "'Jimmy Everett"' <jeverett98(aggmaiLcom> Subject: RE: Awning Proposal Jimmy, Attached is the deposit invoice. The post Irma schedule for installation on the front awning fabric replacement will be approx. week of May 28th with June 5th to be the latest. Donald y Vice President/Sales Delray Awning 80 N Congress Ave Delray Beach, FL 33445 Ph: 561-276-5381 Fax: 561-278-1584 From: Jimmy Everett [mailto:ieverett98@!gmail.com] Sent: Tuesday, May 01, 2018 6:37 AM To: iay@delravawnina.com Subject: Re: Awning Proposal How are we looking on this? On Dec 8 2017 at 8:15 AM Jay Post<iay(a�delrayawning.com>wrote: Thanks Jimmy—Message received 1 Jai 'Post Delray Awning Co. 80 N. Congress Ave. Delray Beach Fl. 33445 561-276-5381 From:Jimmy Everett [mailto:ieverett98@gmail.com] Sent: Friday, December 08, 2017 7:02 AM To: jay@delrayawning.com Subject: Re: Awning Proposal Jay, We would like to add the $350 to prime and paint our existing frame. We will be painting the existing blue awning just to get by until you guys are ready. Also, you can change the name of our account to Driftwood as that is the new name. Thanks Jimmy On Nov 6, 2017, at 11:12 AM, Jay Post<j aygdelrayawning.com>wrote: Thanks Jimmy—I have you in the queue—Do you need a color chart? Thanks again 9UY 17fj�os( Delray Awning Co. 80 N. Congress Ave. Delray Beach Fl. 33445 561-276-5381 From:Jimmy Everett [mailto:ieverett98@gmail.com] Sent: Saturday, November 04, 2017 4:09 PM To:Jay Post<iay@delrayawning.com> Subject: Re: Awning Proposal Jay, Here is signed proposal. At this time we only want to replace the blue awning in front of restaurant. When you are ready, I can give you color that we want. Also, restaurant name is now Driftwood. Thanks Jimmy On Fri, Nov 3, 2017 at 3:13 PM, Jay Post <jaygdelrayawning.com>wrote: Hello, Attached is your proposal. If you would like to move forward please sign and return the proposal or respond to this email and we will you put on our "! schedule. No deposit will be required at this time. We will contact you when we require the deposit as it gets closer to your install date. Due to the enormous influx of work generated by Hurricane Irma, it will likely be February or March for the new installation. Thank you for your understanding and patience at this time. Jay Post Sales Delray Awning 80 N Congress Ave Delray Beach,FL 33445 Ph: 561-276-5381 Fax: 561-278-1584 3 t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 OLD BUSINESS AGENDAITEM: 13.A. SUBJECT: Neighborhood Officer Program 2nd Quarter Report for FY 2017 -2018 SUMMARY: Attached is the second quarter activity report (January 1st - March 31st) for Fiscal Year 2017- 2018, for the CRA funded Neighborhood Officer Program as required in the Interlocal Agreement between the CRA and the City of Boynton Beach dated December 7, 2015 (see Attachment I & 11). Regarding the status of the structural and plumbing repairs being done to the interior of the NOP office located at 404 MLK Jr. Boulevard, the CRA has withheld rent payments for the months of March, April and May 2018 pending completion of the repairs. The NOP officers are currently operating out of the Carolyn Sims Center. FISCAL IMPACT: FY 2017-2018 Budget, Project Fund - Line Item 02-58500-460 -$372,000 (see Attachment 111). CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton District (pages 105- 118) CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D Attachment I -2nd Quarter Report D Attachment II - Heart of Boynton Crime Stats D Attachment III - FY 17/18 NOP Budget NEIGHBORHOOD OFFICER PROGRAM QUARTERLY REPORT 5 , 011 { „,;'t, r �x OY NTON ' CRA January 1 — March 31, 2018 Sergeant Henry Diehl Boynton Beach Police Department TABLE OF CONTENTS L Table of Contents page 2 II. Table of Appendixes page 3 III. Community Redevelopment Agency • Background page 4 IV. Neighborhood Officer Program • Program Outline; page 6 • Program Goals and Scope; page 7 • Essential Program Criteria; • Neighborhood Officer Program Organizational Chart page 8 Q Neighborhood Officer Program Schedules page 9 o Heart of Boynton Criminal Statistics page 15 • Neighborhood Officer Program SMART. Goals page 16 • Neighborhood Officer Program Activity Log page 17 • Segway®Log page 65 • Neighborhood Officer Program Photos page 66 2 TABLE OF APPENDIXIES Appendix A Heart of Boynton Crime Statistics page 100 3 COMMUNITY REDEVELOPMENT AGENCY BACKGROUND The Boynton Beach City Commission established its Community Redevelopment Agency (CRA)in August, 1981, in accordance with guidelines of State Statute Chapter 163 Part III. The Boynton Beach CRA is funded through Tax Increment Financing (TIF). TIF utilizes the increases in tax revenue generated as a result of increases in property values within CRA District boundaries for development efforts without raising taxes. Authorities of the CRA are contained in Section 163.370, Florida Statutes. Redevelopment activities include, but are not limited to: • Adopt a community redevelopment plan or plans that outline projects and programs that will be undertaken by the CRA; • Secure finances to further redevelopment efforts and projects; • Acquire and hold property in the redevelopment district; • Demolish buildings; • Dispose of property; • Installation, construction, improvement and repair of streets, utilities, parks, infrastructure in accordance with the community redevelopment plan(s); • Create and implement development incentive strategies and other unique public-private partnerships to stimulate redevelopment activity within the CRA district facade and residential improvement grants; • Market the CRA; 4 • Implement community policing innovations; • Solicit proposals for redevelopment and enter into contracts; AND • Appropriate funds and make expenditures as necessary to carry out the purpose of the Community Redevelopment Act of 1969. 5 NEIGHBORHOOD OFFICER PROGRAM PROGRAM OUTLINE Community policing definitions typically focus on three components that characterize many programs: some level of community involvement and consultation; decentralization, often increasing discretion to line-level officers; and problem solving. Because community policing is focused on close collaboration with the community and addressing community problems, it has often been seen as an effective way to increase citizen satisfaction and enhance the legitimacy of the police and the evidence is supportive in this regard. A major goal of this proposed neighborhood officer program is to cultivate high levels of mutual trust, understanding and respect between police the residents of the neighborhoods they patrol. In order to achieve this, it is necessary that these stakeholders develop relationships which transformed the confines of ordinary community policing activities and instead focuses upon building sustainable problem solving partnerships. Additionally, the building of problem solving partnerships and substantive relationships with invested members of the community will lead to a greater understanding of some of the challenge members of the public face and help the police department garner unique insights which might aid in addressing these challenges. This program helps effectively integrate police personnel into the fabric of our community. 6 Reducing crime and disorder and improving the quality of life within historically plighted neighborhood requires the development of these types of productive and meaningful relationship between citizens and representatives of their local government. As the most visible and accessible municipal agency, police personnel are uniquely postured to serve as a catalyst to an array of city services, community resources and organizations which can aid those in need as they work to better their circumstances and work in concert with other stakeholders to confront the challenges they identify within the community. PROGRAM GOALS AND SCOPE The scope of this quarterly report is to fulfill the Program requirements set forth in the Inter- Local Agreement (ILA) between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA); whereas the CRA shall be provided a written report outlining the following: o Hours worked by the Program Officer; o Name, rank and badge number of Program officers who have worked the Program during the reporting period; o Activities undertaken to achieve the goals of the Program; and o Crime statistics for the reporting period. The Boynton Beach Police Department shall make all necessary efforts to achieve the aforementioned Program Goals. 7 ESSENTIAL PROGRAM CRITERIA Neighborhood Officer Program Organizational Chart during Rating Period Sergeant Henry Diehl #737 Officer _ Officer 8 Neighborhood Officer Program Hours Worked during Rating Period The following Program Officers' scheduling was gleaned from the Boynton Beach Police Department electronic database that monitors staffing needs; entitled KRONOSO—TeleStaff. Below is the reference guide to decipher the color and numeric codes Boynton Beach Fahce ar menes , , TekStaff Phase Ston Choat ;x Mme NumbeT 742.612.9 e, tR ,4 4 a77 —7 L77#� 7,M7a - , .w # I tJ awns in t.'dkxn as -t.s2Cxzrea 1!!;; '� � .�;3 Aaxr4xsa�:.A.- , aas.l�xc=., 4 r:iaet,us*m'ff:=�`aratrox=ro— ,*. ,.vwa; s«,rxrcca x=.dw•sma :. r"ap uk I*,.m�d _ 4 w A.-C3.a." e Its "7 34 C.. m;s vwn"Y°u .'. 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Omm 032612-:0_. 0326120._ Li 326120 25 26 27 20 29 30 31 L22612 0_- u32612:0_ 1.131812®._- 0318120_. 14 Heart of Boynton Criminal Statistics for Rating Period The following criminal statistics was gleaned from the Boynton Beach Police Department Records Management System (RMS); entitled Acuity/QED - Web/PartnerTM APPENDIX A 15 Neighborhood Officer Program S.M.A.R.T. Goals When setting goals it is very important to remember that the goals must be consistent with the mission statement of both the Boynton Beach Community Redevelopment Agency (CRA) and the Boynton Beach Police Department. As part of the essential criteria for the Neighborhood Officer Program is to create a Specific, Measurable, Attainable, Realistic, and Timely goal that the program wants to accomplish. The purpose of distributing CSI — SmartWater(R) is to reduce burglaries and associated thefts, while simultaneously distracting trespassers and vandals from committing crimes. During this quarter, the Neighborhood Officer Program collaborated with the Boynton Beach Police Department's Crime Prevention Unit to provide CSI - SmartWaterg to the residents and business owners of the Heart of Boynton. The distribution of FREE CSI — SmartWater® Forensic Coding System/Packets was provided at community ;meetings and displayed at the Neighborhood Officer Program Office. Our SMART. goal was to increase CSI — SmartWater® presence in the Heart of Boynton in the 2nd Quarter of Fiscal Year 2017/18. We successfully provided 22 FREE CSI— SmartWater®Forensic Coding Packets to residents in the community — This is an increase of 3 over last quarter. The slight increase is contributed on the lack of full-time office for a 1/3 of this rating cycle. 16 Neighborhood Officer Program Activity Log We continued our partnerships with our other community stakeholders — Heart of Boynton Association, Habitat for Humanity, Cub Scout — Pack #243, Boynton Beach Pathways to Prosperity, and the Boynton Beach Coalition of Clergy and the Boynton Beach Community Redevelopment Agency (CRA). January 2018 January 2nd — The Neighborhood Officer Program met with CRA Staff for an operational readiness meeting for the up-corning "ML'K Celebration of Unity's at Carolyn Sims Center. January 2nd — Sergeant Diehl lagged in and monitored the License Plate Reader/Speed Measurement Trailer; however, the both were off--line. January 2nd — The Neighborhood Officer Program met with Willie Aikens, President of the Heart of Boynton Homeowner's Association- he dropped off bread/etc. to be donated to local families in need of food. January 2nd — The Neighborhood Officer Program donated children books/movies the City of Boynton Library. January 2nd — Sergeant Diehl worked on 11t Quarterly Report (FY 2017/18) for the Neighborhood Officer Program. January 2nd — Officer Rivera met with Santana Hall (1050 NW 41 Street), who expressed her thanks for the donation of bread and pastries (that were earlier donated by Willie Aikens.) It should be noted that the Hall family is the same family that we "adopted" for Christmas. 17 January 211 — The Neighborhood Officer Program attended the City Commission Meeting at City Hall— Chambers. January Yd — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer; however, the both were off-line. January Yd — Sergeant Diehl worked on 11 Quarterly Report (FY 2017/18) for the Neighborhood Officer Program. January Yd—Officer Paramore attended a SWAT Operation. January Yd — Sergeant Diehl went to Third Street Signs regarding the decals/indicia for the SegwaysTM— still not available. January Yd — The Neighborhood Officer Program met with Brent Lapoint, who requested that we speak with his t 1 year old daughter. 'Mr. L;apoint''was concerned that his daughter's recent argumentative behavior needed some modification and sought the assistance of the NOP officers to offer mentoring advice. January 41 — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer; however, the both were off-line. January 41 — The Neighborhood Officer Program attended the Community Redevelopment Agency—Advisory Board (CRAAB) meeting at City Hall— Chambers. January 41 — Sergeant Diehl completed the 11t Quarterly Report (FY 2017/18) for the Neighborhood Officer Program and sent to CRA Staff and Police Administration. January 51 — Officer Paramore attended CRA sponsored "Movies in the Park" at the CRA Amphitheater (129 E. Ocean Avenue, Boynton Beach, FL) — our attendance was requested by CRA Executive Director Mike Simon. 18 January 61 — Sergeant Diehl, Officer Paramore, and Officer Rivera attended CRA sponsored 112018 MLK Celebration of Unity" at the Carolyn Sims Center (225 NW 12th Avenue, Boynton Beach, FL)— our attendance was requested by CRA Staff. January 81 — Sergeant Diehl attended the Heart of Boynton — Homeowner's Association Meeting at Carolyn Sims Center. January 81 — Sergeant Diehl conversed with Lisa Steele, Principal at Galaxy Elementary School. We spoke about officers from the Neighborhood Officer Program and the Boynton Beach Police Department attending their "Law Enforcement Day Luncheon" on January 19, 2018. January 81 — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer; however, the both were off-line. January 91 — Sergeant Diehl facilitated 'children at the Galaxy Elementary (morning) cross- walk. The extra police presence was at the request of CRA Beard Member Mack McCray. January 91 — The Neighborhood Officer Program provided the Boy Scouts — Pack #100 a tour of the police department and forensic demonstration — our assistance was requested by Police Administration. January 91 — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer; however, the both were off-line. January 91 — Sergeant Diehl and Officer Rivera attended mandatory "Firearms Training Modules" at the Police Department Range. It should be noted that Officer Paramore will conduct this training during SWAT training in the coming days/weeks. January 91 — Sergeant Diehl met with Willie Aikens, President of the Heart of Boynton Homeowner's Association, at the NOP office. Mr. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton. 19 January 9' — The Neighborhood Officer Program distributed bread and pastries (that were earlier donated by Willie Aikens)within the Heart of Boynton. January 101 — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer; however, the both were off-line. January 101 — Sergeant Diehl assisted children at Galaxy Elementary (before school) traffic and school bus loop. The extra police presence was at the request of crossing guard Ernest; who relayed earlier in the week that several drivers were making illegal U-Turns in the middle of the road causing a hazardous situation for the children in the cross-walk. January 101 — Sergeant Diehl conversed with Frank Danysh, representing "Adopt-A-Cop USA®", to discuss restarting our partnership in February 2018. January 101 — Officer Rivera conversed with Ms. A. Johnson, Special Needs Teacher at Congress Middle School regarding the""Boys in Blue Mentoring Program." Spoke about continuing our partnership in 2018. January 101—Officers Paramore assisted'patrol 'operations by searching/identifying a suspect. January 111 — Officer Rivera facilitated/mentored children at Congress Middle School — Boys in Blue Mentoring Program. January 121 — The Neighborhood Officer Program mentored one (1) child at Poinciana Elementary School. January 12,d—Officer Paramore attended SWAT training (i.e. physical assessment.) January 121 — Officer Rivera facilitated/mentored children at Congress Middle School — Boys in Blue Mentoring Program. January 161 — Sergeant Diehl met with Willie Aikens, President of the Heart of Boynton Homeowner's Association, at the NOP office. Mr. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton. 20 January 161 — The Neighborhood Officer Program distributed bread and pastries (that were earlier donated by Willie Aikens)within the Heart of Boynton. January 161 — Sergeant Diehl logged in and monitored the Speed Measurement Trailer as it monitored southbound traffic in the 1300 block of N. Seacrest Blvd. January 161 — The Neighborhood Officer Program attended the Cub Scout Pack#243 meeting at Poinciana Elementary School. January 161 — The Neighborhood Officer Program attended the City Commission Meeting at City Hall— Chambers. January 161— Officer Paramore attended mandatory SWAT training, at the Palm Beach County Sheriff s Office (PBSO)Firearms facility (20 Mile Bend.) January 161 — Sergeant Diehl conversed with Lyndell Thomas, a community organizer, who requested funding to take children with a passion in the entertainment industry to a movie at the Boynton Beach Cinemark. January 161 — Sergeant Diehl and Officer Riveramet with Joseph Cassello, CRA Board Member, at the NOP office. Mr. Cassello discussed his displeasure of the Neighborhood Officer Program and his thoughts that the program is not having a tangible effect. January 161 — Sergeant Diehl met with Police Administration after CRA Board Member/Commissioner Cassello's visit to the NOP office. January 161 — Sergeant Diehl met with CRA Staff (Executive Director Mike Simon) after CRA Board Member/Commissioner Cassello's visit to the NOP office. January 161 — Officer Paramore attended a meeting with the Boynton Beach Traffic Unit — the objective of the meeting was to discuss increasing selective enforcements and saturation patrols within the city. 21 January 171— Officer Rivera conducted extra patrol at the Palmetto Greens Park— during this extra patrol several community interactions. January 171 — Officer Rivera conducted extra patrol at the Carolyn Sims Center — during this extra patrol several community interactions. January 171 — Sergeant Diehl logged in and monitored the Speed Measurement Trailer as it monitored southbound traffic in the 1300 block of N. Seacrest Blvd. January 171 — Officer Paramore attended "Police Chief Discussion Group D" in the West Wing of City Hall. January 171— Officer Paramore conducted extra patrol of the Family Dollar— during this extra patrol several community interactions. January 171 — Sergeant Diehl met with Willie Aikens, President of the Heart of Boynton Homeowner's Association, at the NOP office. Mr. Aikens spoke about having a carnival-like event in the Heart of Boynton. January 171 — The Neighborhood Officer Program met with Reverend Richard Dames, President of the Boynton Beach Coalition of Clergy and Willie Aikens; after CRA Board Member/Commissioner Cassello's visit to the NOP office on January 16tH January 171 — Sergeant Diehl attended "Police Chief Discussion Group B" in the West Wing of City Hall. January 181— The Neighborhood Officer Program facilitated "Sweat with a COP" at Carolyn Sims Center. This program is in collaboration with Frank Ireland, Carolyn Sims Center Supervisor; and is designed as a community outreach program to directly have an impact between Law Enforcement and children who reside in the community. January 181 — The Neighborhood Officer Program attended the CRA Board Meeting at City Hall —Chambers. 22 January 181 — Sergeant Diehl logged in and monitored the Speed Measurement Trailer as it monitored southbound traffic in the 1300 block of N. Seacrest Blvd. January 181 — Officer Rivera facilitated/mentored children at Congress Middle School — Boys in Blue Mentoring Program. January 191 — The Neighborhood Officer Program distributed bread and pastries (that were earlier donated by Willie Aikens)within the Heart of Boynton. January 191 — Officers from the Neighborhood Officer Program attended Galaxy Elementary School's "Law Enforcement Day Luncheon." January 191 — Officer Rivera facilitated/mentored one (1) child in the Heart of Boynton — a subsidy of Boys in Blue Mentoring Program. January 191 — Officer Paramore lagged in and;monitored the Speed Measurement Trailer as it monitored southbound traffic in the 1300 block of N. Seacrest Blvd. January 191 — Officer Paramore and Officer Rivera attended CRA sponsored "Music on the Rocks" at the CRA Amphitheater (129 E. Ocean Avenue, Boynton Beach, FL) — our attendance was requested by CRA Executive Director Mike Simon. January 191 — The Neighborhood Officer Program attended Habitat for Humanity sponsored "Ribbon Cutting—Home Dedication Event" at 235 SW 6th Avenue, Boynton Beach, FL. Our attendance was requested by the Police Administration. January 22,d — Sergeant Diehl met with Willie Aikens, President of the Heart of Boynton Association; regarding Robert E. Wells Day, CRA Board Members/Commissioner Cassello's remarks at the latest CRA Board Meeting and dropping off office supplies on January 24, 2018. January 22,d — Sergeant Diehl attended the Healthier of Boynton Beach — "Community Conversation" at Carolyn Sims Center. 23 January 22,d — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer; however, the both were off-line. January 22nd — Sergeant Diehl attended the Heart of Boynton — Homeowner's Association Meeting at Carolyn Sims Center. January 22,d — Sergeant Diehl met with Police Administration regarding CRA Board Members' Cassello recent NOP disparaging comments and Segway®usage. January 23,d — The Neighborhood Officer Program had a meeting with CRA Staff regarding marketing the Neighborhood Officer Program in future "Movies in the Park." January 23,d— The Neighborhood Officer Program attended the Cub Scout Pack#243 meeting at Poinciana Elementary School. January 23,d — The Neighborhood Officer Program net with Willie Aikens, President of the Heart of Boynton Homeowner's Association, at the NDP 'office. Mr. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton. January 23,d — Sergeant Diehl lagged in and monitored the License Plate Reader/Speed Measurement Trailer; however, the both were off-line. January 23,d —Officer Paramore assisted patrol operations regarding case number 18-004842. January 23,d— The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Willie Aikens)within the Heart of Boynton. January 23,d — Officer Rivera met w/ Bernard Wright, Community Organizer and pastor, regarding the up-coming event—dubbed "Robert E. Wells Day." It should be noted that Officer Rivera was riding the Segway® during this interaction with Mr. Wright. January 23,d — The Neighborhood Officer Program met with Mack McCray, Commissioner/CRA Board Member, regarding CRA Board Member/Commissioner Cassello's visit to the NOP office. 24 January 23,d — Officer Paramore went to Third Street SignsTM regarding the decals/indicia for the Segways®— still not available. January 23,d—Officer Rivera assisted patrol operations regarding case number 18-004872. January 23,d — The Neighborhood Officer Program met with owner/operator and staff of Burk's Early Learning Center, following-up from our previous events at this facility and to introduce Officer Rivera as the new NOP officer. January 241— The Neighborhood Officer Program attended the "Early Childhood Leadership Collaborative Meeting" — hosted by Bridges of Boynton Beach located at Forest Park Elementary School. January 241 — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #1 as it monitored southbound traffic in the 2000 block of NE 1st Lane, Boynton Beach, FL. January 241 — Sergeant Diehl met with Willie Aikens, President of the Heart of Boynton Homeowner's Association, at the NOP office. Mr. Aikens needed assistance on moving furniture and in-doing so donated office furniture to the Neighborhood Officer Program. January 241 — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #2 as it monitored eastbound traffic in the 300 block of SE 23rd Avenue, Boynton Beach, FL. January 241 — Building Management replaced the toilet in the office after several documented back-ups and plumbing problems in the 2 years of occupancy. January 241—Officer Rivera mentored one (1) child at the Boynton Beach City Library. January 241 — Sergeant Diehl and Officer Paramore facilitated "Sweat with a COP" at Carolyn Sims Center. This program is in collaboration with Frank Ireland, Carolyn Sims Center Supervisor; and is designed as a community outreach program to directly have an impact between Law Enforcement and children who reside in the community. 25 January 241 — The Neighborhood Officer Program had a meeting with CRA Staff regarding marketing the "Holiday Tree Lighting Operational Plan—RECAP" at the CRA office. January 241 — Officer Paramore met w/ Bernard Wright, Community Organizer and Pastor, regarding the up-coming event—dubbed "Robert E. Wells Day." January 241— The Neighborhood Officer Program met with OJ, representing "Circles of Palm Beach County" — at Forest Park Elementary School. The meeting was to form a partnership between Circles and the Neighborhood Officer Program. Circles of Palm Beach teams volunteer business owners/operators with individuals wanting to achieve life skills/knowledge to better the community. January 241 — The Neighborhood Officer Program met with CRA Staff and representatives with VUP Media, Inc., regarding scheduling filming a marketing video, for the Neighborhood Officer Program. We agreed to schedule interviews in the up-coming week(s). January 241 — Sergeant Diehl and Officer Paramoreassisted patrol operations regarding case number 18-005082. January 251 — The Neighborhood Officer Program had a meeting with CRA Staff regarding marketing the `Blarney Bash—Operational Plan" at the CRA office. January 251 — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #2 as it monitored eastbound traffic in the 300 block of SE 23rd Avenue, Boynton Beach, FL. January 251—Officer Rivera mentored one (1) child at the Boynton Beach City Library. January 251 — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #1 as it monitored southbound traffic in the 2000 block of NE 1st Lane, Boynton Beach, FL. January 251—Officer Paramore assisted patrol operations regarding case number 18-005232. January 251 — Officer Rivera facilitated/mentored children at Congress Middle School — Boys in Blue Mentoring Program. 26 January 251 — The Neighborhood Officer Program met with, Niala Charles, representing the Channel 12 News, at the NOP office. Ms. Charles requested that we provide an interview about the recent shootings and the program; however, Stephanie Slater-Goldfuss (Boynton Beach Police Department — Office of Media Relations) declined the interview as it pertains to an on- going criminal investigation. In lieu of interview — video was taken of officers interacting with children in the community. January 261 — Officer Rivera met w/ Bernard Wright, Community Organizer and Pastor, regarding the up-coming event— dubbed "Robert E. Wells Day." It should be noted that during this interaction; Officer Rivera was riding the Segway®. January 261 — The Neighborhood Officer Program attended Habitat for Humanity sponsored "Home Dedication Event—Women Build" at 607 SW 1st Street, Boynton Beach, FL. January 261 — Officer Rivera facilitatedmentored children at Congress Middle School — Boys in Blue Mentoring Program. January 26th — Officer Rivera met w/ Mack McCray, CRA Board Member/Commissioner, regarding the up-coming event dubbed "Robert E. Wells Day." It should be noted that during this interaction; Officer Rivera was riding the Segway®. January 261 — Officer Rivera assisted support services after receiving an anonymous tip regarding a vehicle that potentially had firearms therein—reference our case number 18-005232. January 291 — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer; however, the both were off-line. January 291 — Sergeant Diehl conversed w/ Sandra DoVale — Fogell, with VUP Media, Inc., regarding scheduling filming a marketing video for the Neighborhood Officer Program. We scheduled interviews for Wednesday, January 31, 2018 at 3:00 p.m. 27 January 291 — Sergeant Diehl attended the Quarterly Coalition of Clergy Meeting at New Disciples Church (223 NE 12th Avenue, Boynton Beach, FL.); however, the meeting was canceled/postponed until Tuesday, January 30, 2018. January 291—At the request of CRA Staff, Sergeant Diehl compiled a list of deficiencies' that the Neighborhood Officer Office has experienced since February 9, 2016 — a list was created and sent electronically to CRA Staff. January 291 — Sergeant Diehl attended the Heart of Boynton — Homeowner's Association Meeting at Carolyn Sims Center. January 291 — Sergeant Diehl met with a walk-in citizen/complainant ("Desiree"), who resides in the cottages behind the NOP office. The concerned mother wanted information how to report an incident between her soy (Reese) and another student which occurred at Freedom Shores Elementary School. January 291 — The Officer Rivera attended the Girl Scouts _ Troop #20736 meeting at Poinciana Elementary School. January 291 — Sergeant Diehl met with Tyrone Harvey, with the Heart of Boynton Homeowner's Association, at the NOP office. Tyrone was reminded to provide an estimate for having an up-coming "pop-up BBQ" —tentatively scheduled for February 10th during the Robert E. Wells Day. January 291— Sergeant Diehl assisted patrol operations regarding case number 18-006138. January 301 — The Neighborhood Officer Program met with Willie Aikens, President of the Heart of Boynton Homeowner's Association, at the NOP office. Mr. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton. January 301 — The Neighborhood Officer Program attended the Coalition of Clergy hosted a Community Meeting at Carolyn Sims Center. 28 January 30' — Sergeant Diehl had a meeting with CRA Staff regarding resident "Sandra Hoggins — who resides near/at Cherry Hill Mini-Mart" at the CRA office. The meeting was focused on the crime occurring near/at her residence; but, also sought information about refinancing her home loan. I invited Ms. Hoggins to the Community Meeting at Carolyn Sims Center. January 301 — Sergeant Diehl facilitated children at the Galaxy Elementary (morning) cross- walk. The extra police presence was at the request of CRA Board Member Mack McCray. January 301 — Sergeant Diehl logged in and monitored the License Plate Reader/Speed Measurement Trailer; however, the both were off-line. January 301 — Sergeant Diehl met with the walk-in citizen/complainant, who resides in the cottages behind the NDP office— as follow-up to, yesterday's 'conversation. January 301— The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Willie Aikens) within the Heart of Boynton — four (4) families served. January 301 — Officer Paramore went to Third Street SignsTM regarding the decals/indicia for both Segways'TM—the decals were installed. January 301—Officer Rivera mentored one (1) child at the Boynton Beach City Library. January 31st — Officer Paramore met w/ Mack McCray, CRA Board Member/Commissioner, regarding the last evenings Community Meeting hosted by Coalition of Clergy. January 311 — The Neighborhood Officer Program Officers met with VUP Media, Inc., regarding scheduling filming a marketing video. We provided three (3) separate interviews for to be used for marketing the Neighborhood Officer Program. January 31st — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #1; however, the trailer was off-line due to being vandalized—reference our case 18-005154. 29 January 311 — The Neighborhood Officer Program facilitated "Sweat with a COP" at Carolyn Sims Center. This program is in collaboration with Frank Ireland, Carolyn Sims Center Supervisor; and is designed as a community outreach program to directly have an impact between Law Enforcement and children who reside in the community. January 31st— Sergeant Diehl logged in and monitored the Speed Measurement Trailer #2 as it monitored southbound traffic in the 821 NW 4t' Street, Boynton Beach, FL. January 31st — At the request of Police Administration; Sergeant Diehl compiled a list of activities that the Neighborhood Officer Program conducts. This summary is in preparation for an up-coming meeting with CRA Board Member/Commissioner Cassello, City Manager Lori LaVerriere and Acting Police Chief Kelly Harris. January 31st — Sergeant Diehl met w/ Bernard Wright, Community Organizer and Pastor, regarding the up-coming event dubbed"Robert E. Wells Day." February 2018 February 1st — The Neighborhood Officer Program attended the Community Redevelopment Agency— Advisory Board (CRAAB) Meeting at City Chambers; however, after our arrival we learned the meeting was canceled. February 1st — The Neighborhood Officer Program had a meeting with CRA Staff regarding marketing the `Blarney Bash—Operational Plan" at the CRA office. February 11 — Sergeant Diehl conversed with Willie Aikens, President of the Heart of Boynton Homeowner's Association, whilst on vacation. Mr. Aikens was coordinating the up- coming"Robert E. Wells Day" and the NOP "pop-up" BBQ. 30 February 1st — Officer Rivera facilitated/mentored children at Congress Middle School — Boys in Blue Mentoring Program. February 1St — Officer Paramore logged in and monitored the Speed Measurement Trailer #2 as it monitored southbound traffic in the 821 NW 4t' Street, Boynton Beach, FL. February 1St — Officer Rivera met w/ individuals from the Heart of Boynton at Carolyn Sims Center and Cherry Hill Mini-Mart while riding the SegwayTM February 1St — Sergeant Diehl conversed with Tyrone Harvey, Member of the Heart of Boynton Homeowner's Association, whilst on vacation. Mr. Harvey was coordinating the up- coming"Robert E. Wells Day" and the NOP "pop-up" BBQ. February 11 — At the request of Police Administration; Sergeant Diehl completed and sent a list of activities that the Neighborhood Officer Program conducts. , This summary is in preparation for an up-coming meeting with CRA Board Member/Commissioner Cassello, City Manager Lori LaVerriere and Acting Police Chief Kelly Harris. February 1St — Sergeant Diehl and Officer Rivera completed mandatory "Prisoner Holding Facility"training via PowerDMS@. February 2nd — Officer Paramore logged in and monitored the Speed Measurement Trailer #2 as it monitored southbound traffic in the 821 NW 4t' Street, Boynton Beach, FL. February 2nd — Officer Rivera facilitated/mentored children at Congress Middle School — Boys in Blue Mentoring Program. February 2nd — Officer Paramore attended CRA sponsored "Movies in the Park" at the CRA Amphitheater (129 E. Ocean Avenue, Boynton Beach, FL) — our attendance was requested by CRA Executive Director Mike Simon. February 2nd—Officer Rivera assisted patrol operations regarding CAD number 18-009961. 31 February 211 — Sergeant Diehl and Officer Rivera attended "100 days of Dad" at Poinciana Elementary School. In addition, made available CSI-SmartWater® - 5 kits distributed. February 2nd — Officer Paramore completed mandatory "Prisoner Holding Facility" training via PowerDMS®. February 2nd — Officer Rivera mentored one (1) child at the Neighborhood Officer Program Office; as the Boynton Beach City Library was closed. February 2nd — Officer Paramore partnered with Willie Aikens to post/distribute flyers for the upcoming "Robert E. Wells Day — Love Festival" — many of the residents/businesses was accommodating on receiving and posting the flyers. February 2nd — Officer Paramore met w/ Frank Ireland regarding having a community meeting to address the violence occurring in the Heart ;of Boynton. The ;meeting resulted in having a "Stop the Violence Forum"for the youth. February 51 — Sergeant Diehl compiled January 2018 notes and photos for the 2nd Quarterly Report (FY 2017/18) for the Neighborhood Officer Program. February 51 — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #2 as it monitored southbound traffic in the 821 NW 4th Street, Boynton Beach, FL. February 51 — Sergeant Diehl conducted three (3) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 51 — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. February 51 — Sergeant Diehl attended the Heart of Boynton — Homeowner's Association Meeting at Carolyn Sims Center. 32 February 61— The Neighborhood Officer Program attended the Cub Scout Pack#243 meeting at Poinciana Elementary School. February 61 — Officer Rivera attended "Autism for Law Enforcement" training at the Davie campus at Broward State Campus. February 61 — The Neighborhood Officer Program met with Willie Aikens, President of the Heart of Boynton Homeowner's Association, at the NOP office. Mr. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton. February 61 — Officer Paramore met w/ Bernard Wright, Community Organizer and Pastor, regarding the up-coming event—dubbed "Robert E. Wells Day." February 61 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader/Speed Measurement Trailers #1and #2; however, all three were off-line. February 61 — Sergeant Diehl conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park - our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 61— The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Willie Aikens) within the Heart of Boynton — four (4) families served. February 61 — Sergeant Diehl and Officer Paramore attended the "Early Childhood Leadership — Kindergarten Jump Start" — hosted by Bridges of Boynton Beach located at Forest Park Elementary School. February 61— Sergeant Diehl sent CRA Staff a quote for the up-coming "pop-up" BBQ that is scheduled for February 10th — dubbed "Robert E. Wells Day." The BBQ is scheduled to occur at Carolyn Sims Center. 33 February 61 — The Officer Paramore attended the "Crime Prevention Meeting" — hosted by Boynton Beach Police Department located at Royal Manor. February 61— Officer Paramore mentored "Reese" (6 YOA), who resides in the cottages behind the NOP office. It should be noted that the school bus driver received instructions from Reese's mother to drop the child at the NOP office if she is running late. February 61 — Sergeant Diehl and Officer Paramore conversed with Rhonda Holder, representing "Pathways to Prosperity." Pathways to Prosperity requested the NOP to facilitate a community forum that they are hosting—topic of discussion: Dialogue to Change— Town Hall Meeting. The meeting was scheduled for February 21, 2018. February 7th— Officer Rivera assisted patrol operations regarding case number 18-007851. February 71 — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest'Blvd. Boynton Beach, FL. February 71 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 71 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader/Speed Measurement Trailer #2; however, these two were off-line. February 71 — Officer Rivera facilitated/mentored children at Congress Middle School — Boys in Blue Mentoring Program. February 71 — The Neighborhood Officer Program facilitated "Sweat with a COP" at Carolyn Sims Center. This program is in collaboration with Frank Ireland, Carolyn Sims Center Supervisor; and is designed as a community outreach program to directly have an impact between Law Enforcement and children who reside in the community. 34 February 71 — The Neighborhood Officer Program met with Tyrone Harvey and Willie Aikens, from the Heart of Boynton Homeowner's Association, at the NOP office. Mr. Aikens and Mr. Harvey wanted to speak regarding the "pop-up" BBQ. February 71— Sergeant Diehl mentored "Reese" (6 YOA) (with homework), who resides in the cottages behind the NOP office. It should be noted that the school bus driver received instructions from Reese's mother to drop the child at the NOP office if she is running late. February 71 — Sergeant Diehl and Officer Paramore conversed with Frank Ireland, Carolyn Sims Center, regarding his efforts to organize a Youth Symposium. We reiterated our support for any event/meeting that will have an impact between Law Enforcement and children who reside in the community. February 81— Officer Rivera mentored one(1),child at the Boynton Beach City Library. February 81 — Officer Paramore 'attend'ed Motorcycle Training hosted by the Palm Beach County Sheriffs Office, February 81 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 81 — Officer Rivera conversed with Phil Dailly. Director of Shot Spotter®, regarding coordinating a demonstration of their equipment at Riviera Beach Police Department. The demonstration was set for Wednesday, February 14, 2018. February 81— The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Willie Aikens) within the Heart of Boynton — one (1) family served. February 81 — Officer Rivera attended the "Fearless Caregiver Conference" — hosted by Healthier of Boynton Beach located at Carolyn Sims Center. 35 February 91 — Officer Rivera facilitated/mentored children at Congress Middle School — Boys in Blue Mentoring Program. February 91 — Sergeant Diehl conversed with Tyrone Harvey and Willie Aikens, from the Heart of Boynton Homeowner's Association, regarding postponing the "pop-up" BBQ" to another date/time. February 91 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 91 — Officer Rivera facilitated/mentored one (1) child at the Neighborhood Officer Program Office. February 91 — Sergeant Diehl conversed with Frank Danysh, President of Adopt-A-Cop USATM, regarding his efforts to re-organize Adopt-A-Cop USATM. We reiterated our support for the Adopt-A-Cop USATM program. February 101 — Sergeant Diehl, Officer Paramore, and Officer Rivera attended the "Robert E. Wells Day — Love Festival at Carolyn Sims Center. It should be noted; during this event the Neighborhood Officer Program facilitated the event by providing seventy-five (75) individual bags of chips to compliment FREE hamburgers, hotdogs, snow-cones, cotton-candy, and drinks to festival goers. The funding for the hamburger, hotdogs, and drinks was from a private entity. February 111 — Officer Paramore attended "Yd Annual Heroes Bowl" hosted by the Broward Sheriff s Office—located Tamarac Sports Complex. February 121 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader/Speed Measurement Trailer #2; however, these two were off-line. February 121 — Sergeant Diehl attended the Heart of Boynton — Homeowner's Association Meeting at Carolyn Sims Center. 36 February 121— Sergeant Diehl logged in and monitored the Speed Measurement Trailer#1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. February 121 — Sergeant Diehl and Officer Rivera attended the Girl Scouts - Troop #20736 meeting at Poinciana Elementary School. February 121 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 121— Officer Rivera mentored one (1) child at the Boynton Beach City Library. February 131 — Sergeant Diehl and Officer Rivera met with Willie Aikens, President of the Heart of Boynton Homeowner's Association, at the NOP office. Mr. Aikens provided perishable food to be distributed to families' in-need in the Heart ofBoynton. February 131 — The Neighborhood Officer Programprovided the Boy Scouts — Pack #224 a tour of the police department and forensic demonstration our 'assistance was requested by Police Administration February 131 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader/Speed Measurement Trailer #2; however, these two were off-line. February 131 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 131— Sergeant Diehl logged in and monitored the Speed Measurement Trailer#1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. February 131— Officer Paramore attended a SWAT Training at 20 mile bend. 37 February 131 — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Willie Aikens) within the Heart of Boynton — four (4) families served. February 131— The Neighborhood Officer Program attended the CRA Board Meeting at City Hall —Chambers. February 141 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader/Speed Measurement Trailer #2; however, these two were off-line. February 141 — The Neighborhood Officer Program conducted three (3) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 141 — Officer Rivera attendedthe "Early;Childhood Leadership — Kindergarten Jump Start" — hosted by Bridges of Boynton Beach located at Forest Park Elementary School. February 141— Sergeant Diehl logged in and monitored the Speed Measurement Trailer#1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. February 141 — The Neighborhood Officer Program Officers met with VUP Media, Inc., regarding scheduling filming a marketing video. Additional footage was taken of the Neighborhood Officer Program and our daily activities. February 141 — Officer Rivera facilitated children at the Galaxy Elementary (morning) cross- walk. The extra police presence was at the request of CRA Board Member Mack McCray. February 141— The Neighborhood Officer Program attended an Adopt-A-Cop USAO meeting, hosted by Frank Danysh — the meeting was held at Dean Anthony's Pizzeria (357 N. Congress Avenue, Boynton Beach, FL.) 38 February 141 — The Neighborhood Officer Program facilitated "Sweat with a COP" at Carolyn Sims Center. This program is in collaboration with Frank Ireland, Carolyn Sims Center Supervisor; and is designed as a community outreach program to directly have an impact between Law Enforcement and children who reside in the community. February 141 — Officer Rivera conversed with Mack McCray, Commissioner/CRA Board Member,regarding the CRA Board Meeting on February 13, 2018. February 141— Officer Paramore met with Willie Aikens and Tyrone Harvey, members of the Heart of Boynton Homeowner's Association,whilst riding the SegwayTM. Mr. Aikens and Mr. Harvey spoke highly about the Neighborhood Officer Program and were happy to see officers patrolling the area. February 141 — Sergeant Diehl and Officer Paramore met w/ Bernard Wright, Community Organizer and Pastor, regarding the success of"Robert'E_ Wells Day." February 151— Sergeant Diehl logged in and monitored the Speed Measurement Trailer#1 as it monitored southbound traffic in the 1300 N. Seacrest'Blvd. Boynton Beach, FL. February 151 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 151— Officer Paramore attended a deposition—our case number 17-048523. February 151 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader/Speed Measurement Trailer #2; however, these two were off-line. February 151 — Sergeant Diehl met with Willie Aikens, President of the Heart of Boynton Homeowner's Association, at the NOP Office. Mr. Aikens spoke highly about the Neighborhood Officer Program and was wondering ways to add personnel to the successful program. 39 February 161 — Officer Paramore attended CRA sponsored "Music on the Rocks" at the CRA Amphitheater (129 E. Ocean Avenue, Boynton Beach, FL) — our attendance was requested by CRA Executive Director Mike Simon. February 161— Officer Paramore logged in and monitored the Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. February 161 — The Neighborhood Officer Program conducted one (1) extra patrol of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 141 — The Neighborhood Officer Program Officers met with VUP Media, Inc., regarding scheduling filming a marketing video. Additional footage was taken of the Neighborhood Officer Program and our daily activities'_ February 171 — Sergeant Diehl, Officer Paramore, and Officer Rivera attended the "Galaxy Elementary STEM Open House" event. In addition, during this interaction we endeavored to build bridges of cooperation and trust between law 'enforcement and our next generation of leaders. Moreover, we distributed GSI-SmartWater® - 3 kits distributed. February 191 — Sergeant Diehl conversed with Rhonda Holder, of Bridges of Boynton Beach, regarding the up-coming meeting dubbed "Dialogue to Change — Town Hall Meeting" forum. Ms. Holder advised the venue was likely to change to the Carolyn Sims Center. February 201 — Sergeant Diehl facilitated children at the Galaxy Elementary (morning) cross- walk. The extra police presence was at the request of CRA Board Member Mack McCray. February 201— Officer Rivera attended "First Responders Suicide Prevention" hosted by the Broward Sheriff s Office—located in Fort Lauderdale, FL. February 201— Sergeant Diehl logged in and monitored the Speed Measurement Trailer#1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. 40 February 201 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 201 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. February 201 — Sergeant Diehl and Officer Paramore met with Willie Aikens, President of the Heart of Boynton Homeowner's Association, at the NOP office. Mr. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton. February 201 — Sergeant Diehl logged in and monitored Speed Measurement Trailer #2 as it monitored southbound traffic in the 800 block of NW 4th Street, Boynton Beach, FL. February 201 — Sergeant Diehl and Officer Paramore met with. Leon Jenkins, Community Organizer, at the NOP Office. Mr. Jenkins expressed interest on partnering with the Neighborhood Officer Program on Wednesday's during "Sweat w/ a COP." His goal is to offer FREE mentoring ( .e. academic skills, life skills, and research trips.) February 201 — The Neighborhood. Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Willie Aikens) within the Heart of Boynton —three (3) families served. February 201 — The Neighborhood Officer Program attended the Cub Scout Pack #243 meeting at Poinciana Elementary School. February 211 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader/Speed Measurement Trailer #1 & #2; however, all three LPR's were off-line. February 211 — The Neighborhood Officer Program facilitated a "Dialogue to Change — Town Hall Meeting" forum — hosted by Bridges of Boynton Beach. The event was located at Carolyn Sims Center. 41 February 2111— Sergeant Diehl attended a deposition—regarding our case number 17-068708. February 211 — Officer Rivera attended "First Responders Suicide Prevention" hosted by the Broward Sheriff s Office—located in Fort Lauderdale, FL. February 211 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 21St—Officer Paramore attended a deposition—reference our case number 17-068708. February 22,d — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. February 22,d — Officer Rivera attended "First Responders Suicide Prevention" hosted by the Broward Sheriff s Office located in Fort Lauderdale, 'FL. February 22,d Sergeant Diehl electronically sent the upcoming "MLK Jr. Boulevard Corridor Community!Input Meeting"to the Heart of Boynton Association. February 22,d — Sergeant Diehl logged in and 'monitored the Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. February 22,d — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 22nd — Sergeant Diehl logged in and monitored Speed Measurement Trailer #2; however, this LPR was off-line. February 22nd — Officer Paramore electronically sent the upcoming "MLK Jr. Boulevard Corridor Community Input Meeting" to Pastor Richard Dames (President of the Boynton Beach Coalition of Clergy.) 42 February 22i1 — Neighborhood Officer Program attended the "Early Childhood Leadership Committee — Ice Cream for Good Attendance" — hosted by Bridges of Boynton Beach located at Forest Park Elementary School. February 261 — Sergeant Diehl met with Clifford Bell (Owner/Operator of Bell's Market) regarding the upcoming "MLK Jr. Boulevard Corridor Community Input Meeting" — Mr. Bell was accommodating on posting the flyers and leaving the handouts on the counter (near/at the cash register.) February 261 — Sergeant Diehl met with a walk-in citizen ("Desiree"), who resides in the cottages behind the NOP office. The concerned mother (Desiree) wanted to give me a status of her son ("Reese") who has corrected his behavior issues at school and is doing better. I explained to Desiree and Reese that if his good conduct continues both at home and in school, that I will reward him with a toy or something of the like. February 261 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. February 261 — Sergeant Diehl met with the manager (of Z Mart) regarding the upcoming "MLK Jr. Boulevard Corridor Community Input Meeting" — The manager was accommodating on posting the flyers and leaving the handouts on the counter (near/at the cash register.) February 261 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 261— Sergeant Diehl logged in and monitored the Speed Measurement Trailer#2 as it monitored northbound traffic in the 3600 S. Seacrest Blvd., Boynton Beach, FL. 43 February 261 — I logged in and checked the Boynton Beach Police Department INFORMATIONAL TIP LINE for any messages pertaining to any criminal activity; there were 1 (one) message e.g. a complaint about money missing from a subjects wallet— this was at the request by the Police Administration. February 261 — Sergeant Diehl attended the Heart of Boynton — Homeowner's Association Meeting at Carolyn Sims Center. February 261 — Sergeant Diehl met with the sales clerk (at Family Dollar) regarding the upcoming "MLK Jr. Boulevard Corridor Community Input Meeting" — The sales clerk was accommodating on posting the flyers and leaving the handouts on the counter (near/at the cash register.) February 261— Sergeant Diehl logged in and monitored the Speed Measurement Trailer#1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. February 26,d — Officer Paramore conversed with Rae Whitley, Boynton Beach Coalition of Clergy, regarding partnering with Adopt-A-COP USA to have a Fishing Expedition. February 261 — Sergeant Diehl distributed fliers for the upcoming "MLK Jr. Boulevard Corridor Community Input Meeting" to the citizenry in the Heart of Boynton— our assistance was requested by CRA Staff and CRA Board Chair Grant. February 271 — Sergeant Diehl facilitated children at the Galaxy Elementary (morning) cross- walk. The extra police presence was at the request of CRA Board Member Mack McCray. February 271 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. February 271 — Sergeant Diehl and Officer Paramore met with Willie Aikens, President of the Heart of Boynton Homeowner's Association, at the NOP office. Mr. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton. 44 January 271 — The Neighborhood Officer Program facilitated the "Construction/Trades Hiring Event" at Carolyn Sims Center. February 271 — Sergeant Diehl and Officer Rivera attended "Shot Spotter Demonstration" at the Riviera Beach Police Department— This was part of Officer Rivera's SMART Goals. February 271 — The Neighborhood Officer Program distributed fliers for the upcoming "MLK Jr. Boulevard Corridor Community Input Meeting" to the citizenry of the Heart of Boynton and Cherry Hill Mini-Mart — our assistance was requested by CRA Staff and CRA Board Chair Grant. February 271 — The Neighborhood Officer Program conducted three (3) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration, February 271— Sergeant Diehl logged in and monitored the Speed Measurement Trailer#2 as it monitored northbound traffic in the 3600 S. Seacrest Blvd., Boynton Beach, FL. February 271 — The Neighborhood Officer Program' distributed bread, pastries, and vegetables (that were earlier donated by Willie Aikens) within the Heart of Boynton — five (5) families served. February 271 — The Neighborhood Officer Program donated clothes to the VetsVille Cease Fire House Inc.—located at 291 NE 19th Avenue, Boynton Beach, FL. February 271 — Officer Rivera met with Ms. Bell (Owner/Operator of Cherry Hill Mini- Mart) regarding the upcoming "MLK Jr. Boulevard Corridor Community Input Meeting" — The owner/operator was accommodating on posting the flyers and leaving the handouts on the counter(near/at the cash register.) February 271— Sergeant Diehl logged in and monitored the Speed Measurement Trailer#1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. 45 February 271 — Sergeant Diehl conversed with Steven Grant, Mayor/CRA Board Chair, regarding the condition of the NOP office. February 271— Officer Rivera mentored one (1) child at the Boynton Beach City Library. February 271 — The Neighborhood Officer Program attended the Cub Scout Pack #243 meeting at Poinciana Elementary School. February 271 — The Neighborhood Officer Program had a meeting with CRA Staff regarding up-coming event dubbed `Blarney Bash." February 281— Sergeant Diehl logged in and monitored the Speed Measurement Trailer#2 as it monitored northbound traffic in the 3600 S. Seacrest Blvd., Boynton Beach, FL. February 281 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. February 281 — Officer Rivera conducted extra patrol at the Palmetto Greens Park — during this extra patrol several community interactions. February 281 The Neighborhood Officer Program attended the "Early Childhood Leadership Committee — Congratulatory _.Video Production" — hosted by Bridges of Boynton Beach located at Forest Park Elementary School. February 281— Sergeant Diehl logged in and monitored the Speed Measurement Trailer#1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. February 281 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. February 281 — Officer Rivera conducted extra patrol at the Family Dollar — during this extra patrol several community interactions. 46 February 281 — I logged in and checked the Boynton Beach Police Department INFORMATIONAL TIP LINE for any messages pertaining to any criminal activity; there were 0 (zero) messages—this was at the request by the Police Administration. February 281 — Sergeant Diehl completed annual evaluations for Officers Paramore and Rivera for term of March 1, 2017 through February 28, 2018. March 2018 March 1st — The Neighborhood Officer Program attended the Community Redevelopment Agency—Advisory Board (CRAAB) Meeting at City Hall —Chambers. March 11 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. March 1st— The Neighborhood Officer Program conducted three (3) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park - our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 1st — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. March 11 — The Neighborhood Officer Program attended the "MLK Jr. Boulevard Corridor Community Input Meeting" at City Hall— Chambers. March 1st — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #2 as it monitored northbound traffic in the 3600 S. Seacrest Blvd., Boynton Beach, FL. March 1st— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Habitat for Humanity located at 117 NW 10th Avenue— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. 47 March 211 — Sergeant Diehl attended the Heart of Boynton — Fish Fry Fundraiser at 201 NE 6th Avenue, Boynton Beach, FL. March 2nd — Officer Paramore logged in and monitored the Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. March 2nd — Officer Paramore attended CRA sponsored "Movies in the Park" at the CRA Amphitheater (129 E. Ocean Avenue, Boynton Beach, FL) — our attendance was requested by CRA Executive Director Mike Simon. March 2nd — Officer Paramore logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. March 2nd — The Neighborhood Officer Program conducted one (1) extra patrol of the Habitat for Humanity located at 117 NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 2nd — Officer Paramore logged in and monitored the Speed Measurement Trailer #2 as it monitored northbound traffic in the 3600 S. Se'acrest Blvd.,!Boynton Beach, FL. March 2nd — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 51 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Habitat for Humanity located at 117 NW 101 Avenue— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 51 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer#2; however, both LPR's were off-line. March 51 — Sergeant Diehl attended the Heart of Boynton — Homeowner's Association Meeting at Carolyn Sims Center. 48 March 51 — I logged in and checked the Boynton Beach Police Department INFORMATIONAL TIP LINE for any messages pertaining to the Heart of Boynton; there were 0 (zero) messages—this was at the request by the Police Administration. March 51 — Sergeant Diehl conversed with Willie Aikens, President of the Heart of Boynton Homeowner's Association,regarding the status of the NOP office repairs. March 51 — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. March 51 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 51 — Sergeant 'Diehl assisted children at Galaxy Elementary (after school) traffic and school bus loop. The extra police presence was at the request of crossing guard Ernest; who relayed earlier in the week that several drivers were making illegal U-Turns in the middle of the road causing a hazardous situation for the children in the cross-walk. March 61 — Officer Rivera and Officer Paramore met with Willie Aikens, President of the Heart of Boynton Homeowner's Association, at the NOP office. Mr. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton. March 61 — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. March 61— The Neighborhood Officer Program conducted three (3) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 61 — Officer Rivera assisted patrol operations regarding case number 18-013320 — recovery of a stolen vehicle at Palmetto Greens Park. 49 March 61 — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Willie Aikens) within the Heart of Boynton — two (2) families served. March 61 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Habitat for Humanity located at 117 NW 101 Avenue— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 61 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer#2; however, both LPR's were off-line. March 61 — The Neighborhood Officer Program attended the Cub Scout Pack #243 meeting at Poinciana Elementary School. March 61 — Officer Paramore assisted patrol operations regarding case number 18-013324 — recovery of a stolen vehicle on NE 12th Avenue, Boynton Beach, FL. March 71 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Habitat for Humanity located at 117 NW 10th Avenue our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 71 — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. March 71 — Sergeant Diehl assisted children at Poinciana Elementary (after school) traffic pick-up loop —I positioned myself at Carolyn Sims Center to review the exiting vehicles. March 71 — The Neighborhood Officer Program facilitated "Sweat with a COP" at Carolyn Sims Center. This program is in collaboration with Frank Ireland, Carolyn Sims Center Supervisor; and is designed as a community outreach program to directly have an impact between Law Enforcement and children who reside in the community. 50 March 71 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer#2; however, both LPR's were off-line. March 71 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 71 — Officer Paramore attended the mandatory Annual Physical — located at the City Clinic on E. Woolbright Road, Boynton Beach, FL. March 71 — Officer Paramore assisted patrol operations regarding case number 18-013471 — home invasion and robbery at 3461 Ocean Parkway, Boynton Beach, FL. March 71— The Neighborhood Officer Program mentored children at the Burk's Early Center located at 510 SE 2nd Street, Boynton Beach, FL. March 71 — Sergeant Diehlassisted children at Galaxy Elementary (after school) traffic and school bus loop. The extra police,presence was at the request of crossing guard Ernest; who relayed earlier in the week that several drivers were making illegal U-Turns in the middle of the road causing a hazardous situation for the children in the cross-walk. March 71 — Sergeant Diehl assisted patrol operations regarding case number 18-013539 — suspicious person at 217 N. Federal Highway, Boynton Beach, FL. March 81— The Neighborhood Officer Program conducted three (3) separate extra patrols of the Habitat for Humanity located at 117 NW 10th Avenue— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 81 — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. March 81 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. 51 March 81 — I logged in and checked the Boynton Beach Police Department INFORMATIONAL TIP LINE for any messages pertaining to the Heart of Boynton; there were 0 (zero) messages—this was at the request by the Police Administration. March 81—Officer Paramore attended SWAT training. March 81— The Neighborhood Officer Program conducted three (3) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 81—Officer Rivera attended a deposition—reference our case number 17-068708. March 81 — The Neighborhood Officer Program attended the "Early Childhood Leadership Committee Meeting" — hosted by Bridges of Boynton Beach located at Forest Park Elementary School March 81 — Sergeant Diehl logged in and monitored the SpeedMeasurement Trailer #2 as it monitored southbound trafficin the 3600 S. Seacrest Blvd., Boynton Beach, FL. March 81 — At the request of CRA Staff, Sergeant Diehl compiled a list of activities and SMART Goals that the Neighborhood Officer Program conducted for CY 2017 —this is for the CRA Annual Report. March 81—Officer Rivera mentored one (1) child at the Boynton Beach City Library. March 91 — Officer Rivera conducted extra patrol at the Palmetto Greens Park — during this extra patrol several community interactions. March 91 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Habitat for Humanity located at 117 NW 101 Avenue— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 91— Officer Rivera attended a meeting with City of Boynton Beach Human Resources —for some type of investigation. 52 March 91 — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 91 — The Neighborhood Officer Program facilitated and assisted with traffic control for Habitat for Humanity located at 117 NW 10th Avenue — our attendance was requested by Crystal Spears of Habitat for Humanity. March 91 — Officer Rivera assisted patrol operations regarding case number 18-013881 — suspicious person at 119 NW 10th Avenue, Boynton Beach, FL. March 121 — Sergeant Diehl assisted children at Galaxy Elementary (after school) traffic and school bus loop. The extra police presence was at the request of crossing guard Ernest; who relayed earlier in the week that several drivers were making illegal,U-Turns in the middle of the road causing a hazardous situation for the children in the cross-walk. March 121 — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. March 121— The Neighborhood Officer.Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 121 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. March 121 — Sergeant Diehl assisted children at Poinciana Elementary (after school) traffic pick-up loop —I positioned myself in the parent pick-up/drop-off loop to review the vehicles. March 121 — Sergeant Diehl attended the Boynton Beach Coalition of Clergy Community Meeting at Carolyn Sims Center. 53 March 12th — Officer Rivera attended the Girl Scouts - Troop #20736 meeting at Poinciana Elementary School. March 12th — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #2 as it monitored northbound traffic in the 3600 S. Seacrest Blvd., Boynton Beach, FL. March 121— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Habitat for Humanity located at 117 NW 101 Avenue— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 131—Officer Paramore attended SWAT training. March 131— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Habitat for Humanity located at 117 NW 101 Avenue— our attendance was requested by CRA Executive Director Mike Simon and Police Administration, March 131 — SergeantDiehl logged in and monitored the Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. March 131 — The Neighborhood Officer Program attended. the CRA Board Meeting at City Hall —Chambers. March 131— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 131 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. March 131 — Sergeant Diehl assisted children at Poinciana Elementary (after school) traffic pick-up loop —I positioned myself in the parent pick-up/drop-off loop to review the vehicles. March 131 — Sergeant Diehl and Officer Paramore attended the Community Redevelopment Agency Meeting at City Hall— Chambers. 54 March 13th — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #2 as it monitored northbound traffic in the 3600 S. Seacrest Blvd., Boynton Beach, FL. March 131 — Sergeant Diehl attended the Cub Scout Pack #243 meeting at Poinciana Elementary School. March 131 — Sergeant Diehl assisted children at Galaxy Elementary (after school) traffic and school bus loop. The extra police presence was at the request of crossing guard Ernest; who relayed earlier in the week that several drivers were making illegal U-Turns in the middle of the road causing a hazardous situation for the children in the cross-walk. March 141 — Officer Rivera attended "Effective Strategies for Communicating with People Who are Deaf or Hard of Hearing and Others with Access and Functional Needs" hosted by Saint Petersburg College - located at Fire Station 5 (2080 High Ridge Road, Boynton Beach, FL). March 141— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Habitat for Humanity located at 117 NW 14th Avenue our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 141 — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. March 141— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 141 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. March 141 — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #2 as it monitored northbound traffic in the 3600 S. Seacrest Blvd., Boynton Beach, FL. 55 March 141 — The Neighborhood Officer Program facilitated "Sweat with a COP" at Carolyn Sims Center. This program is in collaboration with Frank Ireland, Carolyn Sims Center Supervisor; and is designed as a community outreach program to directly have an impact between Law Enforcement and children who reside in the community. March 151 — Officer Rivera attended "Effective Strategies for Communicating with People Who are Deaf or Hard of Hearing and Others with Access and Functional Needs" hosted by Saint Petersburg College — located at Fire Station 5 (2080 High Ridge Road, Boynton Beach, FL). March 151 — Officer Paramore conducted two (2) separate extra patrols of the Habitat for Humanity located at 117 NW 101 Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 151— Officer Paramore logged in and monitored the Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest'Blvd. Boynton Beach, FL. March 151 — Officer Paramore conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 151 — Officer Paramore logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. March 151 — Officer Paramore attended Galaxy Elementary School — Field Day event— our attendance was requested by Police Administration. March 151— Officer Paramore logged in and monitored the Speed Measurement Trailer #2 as it monitored northbound traffic in the 3600 S. Seacrest Blvd., Boynton Beach, FL. March 161 — The "Music on the Rocks" event at the CRA Amphitheater (129 E. Ocean Avenue, Boynton Beach, FL)—was canceled in preparation for Blarney Bash. 56 March 16th — Officer Rivera conducted one (1) separate extra patrols of the Habitat for Humanity located at 117 NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 161 — Officer Rivera attended Galaxy Elementary School — Field Day event — our attendance was requested by Police Administration. March 161 — Officer Rivera mentored children at Congress Middle School — "Boys in Blue Mentoring Program." March 161 — Officer Rivera conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 161—Officer Rivera visited the children;at Burk's Early Learning Center. March 161 — Officer Rivera mentored one (1) child at the child's home- typically mentors at City Library; however, the library was closed. March 161 — Officer Rivera assisted patrol operations regarding case number 18-015121 — suspicious incident. March 171 — Sergeant Diehl, Officer Paramore, and Officer Rivera attended the City of Boynton Beach— 41 Annual Blarney Bash. It should be noted,that due to manpower shortage — Sergeant Diehl, Officer Paramore and Officer Rivera were mandated/re-assigned to festival security. March 171 — Sergeant Diehl assisted patrol operations regarding case number 18-015399 — suspicious incident/disturbance. March 191 — Sergeant Diehl attended the Heart of Boynton — Homeowner's Association Meeting at Carolyn Sims Center. 57 March 191 — Sergeant Diehl conducted two (2) separate extra patrols of the Habitat for Humanity located at 117 NW 101 Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 191 — Sergeant Diehl logged in and monitored the Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. March 191 — Sergeant Diehl conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 191 — Sergeant Diehl logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. March 191 — Sergeants Diehl logged in and monitored the Speed Measurement Trailer #2 as it monitored northbound traffic in the 3600 S. Seacrest Blvd., Boynton Beach, FL. March 191 — Sergeant Diehl attended the Healthier of Boynton Community Forum/Conversation at Carolyn Sims Center, March 201 — Officer Paramore logged in and monitored the Mobile License Plate Reader; however, this LPR was off-line. March 201 — The Neighborhood Officer Program met with Willie Aikens, President of the Heart of Boynton Homeowner's Association, at the NOP office. Mr. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton. March 201— The Neighborhood Officer Program conducted one (1) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 201 — Officer Paramore logged in and monitored Speed Measurement Trailer #2 as it monitored southbound traffic in the 3600 block of S. Seacrest Blvd., Boynton Beach, FL. 58 March 201 — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Willie Aikens) within the Heart of Boynton — three (3) families served. March 201 — Officer Paramore logged in and monitored Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. March 201— The Neighborhood Officer Program conducted one (1) separate extra patrols of the Habitat for Humanity located at 117 NW 101 Avenue— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 201 — Officer Rivera conducted one (1) separate extra patrol of Galaxy Park located at 461 W. Boynton Beach Blvd. March 211 — Officer Paramore logged in and;monitored the Mobile License Plate Reader; however, this LPR was off-line. March 21St— The Neighborhood Officer Program conducted one (1) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park - our attendance was requested by CRA Executive Director Mike Simon and Police Administration. \March 21St — Officer Paramore logged in and monitored Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. March 21St— The Neighborhood Officer Program conducted two (2) separate extra patrols of the Habitat for Humanity located at 117 NW 101 Avenue— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 211— Officer Rivera mentored one (1) child at the Boynton Beach City Library. March 211 — Officer Rivera mentored the children who attended Burk's Early Learning Center—located at 510 NE 2nd Street, Boynton Beach, FL. 59 March 21s' — The Neighborhood Officer Program conducted one (1) separate extra patrol of Palmetto Greens Park located at 500 block of NE 13th Avenue, Boynton Beach, FL. March 22nd — The Neighborhood Officer Program conducted one (1) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 22nd — Officer Paramore logged in and monitored Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. March 22nd — Officer Rivera attended "Developing Millennials in Your Workplace" hosted by the Palm Beach County Sheriff s Office—located in West Palm Beach, FL. March 22,d — Officer Paramore logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer#2; however, both LPR's were off--line, March 22,d — Officer Rivera mentored''the children who attended Burk's Early Learning Center—located at 510 NE 21d Street, Boynton Beach, FL March 22nd — The Neighborhood Officer Program conducted one (1) separate extra patrols of the Habitat for Humanity located at 117 NW.10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 22,d — Officer Rivera provided, Alexandra Seltzer, representing the Palm Beach Post®, an interview regarding law enforcement's approach to school-age children — post-Parkland shooting (occurred on 2/14). March 22,d— Officer Rivera mentored one (1) child at the Boynton Beach City Library. March 23,d — The Neighborhood Officer Program conducted one (1) separate extra patrol of Palmetto Greens Park located at 500 block of NE 131 Avenue, Boynton Beach, FL. March 23,d — Officer Paramore logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer#2; however, all three LPR's were off-line. 60 March 2311 — Officer Rivera mentored the children who attended Burk's Early Learning Center—located at 510 NE 2nd Street, Boynton Beach, FL. March 23,d — The Neighborhood Officer Program conducted one (1) separate extra patrol of Family DollarTM located at 100 E. MLK Blvd., Boynton Beach, FL. March 23,d — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 23,d — The Neighborhood Officer Program conducted two (2) separate extra patrols of the Habitat for Humanity located at 117 NW 101 Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 23,d — Officer Paramore logged in and monitored Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. March 23,d — The Neighborhood Officer Program conducted one (1) separate extra patrol of Palmetto Greens Park located at 461 W. Boynton Beach Blvd., Boynton Beach, FL. March 23,d — The Neighborhood Officer Program met with CRA Staff to recap the `Blarney Bash" event. March 241 — Officer Paramore attended the Boynton Beach Police Department's K-9 Competition at the Boynton Beach High School. March 271 — The Neighborhood Officer Program met with Willie Aikens, President of the Heart of Boynton Homeowner's Association, at the NOP office. Mr. Aikens provided perishable food to be distributed to families' in-need in the Heart of Boynton. March 271 — The Neighborhood Officer Program conducted one (1) separate extra patrol of Palmetto Greens Park located at 500 block of NE 131 Avenue, Boynton Beach, FL. 61 March 27th — Officer Rivera logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer#2; however, all three LPR's were off-line. March 271 — The Neighborhood Officer Program conducted one (1) separate extra patrol of Family DollarTM located at 100 E. MLK Blvd., Boynton Beach, FL. March 271 — The Neighborhood Officer Program provided the Boy Scouts — Pack #243 a tour of the police department and provided a forensic demonstration. March 271 — The Neighborhood Officer Program conducted one (1) extra patrol of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 271—Officer Paramore attended SWAT training. March 271 — The Neighborhood Officer Program distributed bread, pastries, and vegetables (that were earlier donated by Willie Aikens) within the Heart of Boynton — four (4) families served. March 271 — The Neighborhood Officer Program conducted one (1) extra patrol of the Habitat for Humanity located at 117 NW 101 Avenue - our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 271 — Officer Rivera logged in and monitored Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 N. Seacrest Blvd., Boynton Beach, FL. March 281 — Officer Paramore logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer#2; however, both LPR's were off-line. March 281 — The Neighborhood Officer Program facilitated "Sweat with a COP" at Carolyn Sims Center. This program is in collaboration with Frank Ireland, Carolyn Sims Center Supervisor; and is designed as a community outreach program to directly have an impact between Law Enforcement and children who reside in the community. 62 March 281 — The Neighborhood Officer Program facilitated a "Dialogue to Change— Town Hall Meeting" —hosted by Bridges of Boynton Beach. The event was located at Carolyn Sims Center. March 281 — Officer Rivera mentored the children who attended Burk's Early Learning Center—located at 510 NE 2nd Street, Boynton Beach, FL. March 281 — The Neighborhood Officer Program conducted one (1) extra patrol of the Habitat for Humanity located at 117 NW 101 Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 281 — Officer Rivera conducted one (1) separate extra patrol of Palmetto Greens Park located at 500 block of NE 131 Avenue, Boynton Beach, FL. March 291 — Officer Paramore logged in and monitored the Mobile License Plate Reader and Speed Measurement Trailer#2; however, both LPR's were off--line. March 291 — The Neighborhood Officer Program conducted one (1) extra patrol of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police,Administration. March 291 — The Neighborhood Officer Program conducted one (1) separate extra patrol of Palmetto Greens Park located at 500 block of NE 131 Avenue, Boynton Beach, FL. March 291 — Officer Paramore logged in and monitored Speed Measurement Trailer #1 as it monitored southbound traffic in the 1300 block of N. Seacrest Blvd., Boynton Beach, FL. March 291— The Neighborhood Officer Program conducted one (1) separate extra patrols of the Habitat for Humanity located at 117 NW 101 Avenue— our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 291 — Officer Rivera mentored the children who attended Burk's Early Learning Center—located at 510 NE 2nd Street, Boynton Beach, FL. 63 March 30th — Officer Rivera conducted one (1) separate extra patrol of Palmetto Greens Park located at 500 block of NE 131 Avenue, Boynton Beach, FL. March 301 — Officer Rivera conducted one (1) separate extra patrol of Galaxy Park located at 461 W. Boynton Beach Blvd., Boynton Beach,FL. March 301 — Officer Rivera conducted one (1) separate extra patrol of the Avirom Survey Crew located at Sara Sims Park — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 301 — Officer Rivera conducted one (1) separate extra patrol of Cherry Hill Mini-Mart located at 1203 NW 41 Street, Boynton Beach, FL. March 301 — Officer Rivera conducted one (1) separate extra patrol of the Habitat for Humanity located at 117 NW 10th Avenue — our attendance was requested by CRA Executive Director Mike Simon and Police Administration. March 301 — Officer Rivera conducted one (l) separate extra patrol of ZMart located at 1001 N. Seacrest Blvd., Boynton Beach, FL. 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S�n89s l V I� Sol E11ets :054 dT 3 p$pp d II"DillF#isgs H1 8 ra,nt3l.exorroz5000 Neighborhood Officer Program Photos WE 2018 MLK Celebration of Unity } I� 4 f � 4 s� 2018 MLK Celebration of Unity .� .� 2018 MLK Celebration of Unity 66 Rs a, Cub Scout—Pack#100 Tour of the PD Cub Scout—Pack#100 Tour of the PD bus, t ti I Y Cub Scout—Pack#100 Crime Scene Presentation a ' 67 li 4r j a, 11atY i it t Cub Scout—Pack#100 Crime Scene Presentation J Reading w/children at Poinciana Elementary �}tSfr tPFPIII, IBoys in Blue—Meeting with Teacher 68 a Cub Scout—Pack#243 MENEM o- • ,i fit}' � & r f h !'x Mentoring children at Congress Middle—Boys in Blue 69 tl� x a b r a F Mentoring children at Congress Middle—Boys in Blue R�Wmm t "r} {4{d Sweat w/a Cop at Sims Center I � n Sweat w/a Cop 70 1v�S Uf 4 ?r Habitat for Humanity—Home Dedication r Galaxy Elementary—Law Enforcement Day �n 1 7 Galaxy Elementary—Law Enforcement Day 71 4 y[t 1 i {i Galaxy Elementary—,Law Enforcement Luncheon ' i IN °x F- 4 5' } Galaxy Elementary—Law Enforcement Luncheon 72 ay f f � I Galaxy Elementary—Law Enforcement Day {',r��i01 LI t,. vrzY t 4. Galaxy Elementary—Law EnforcementDay Lisa'Steele'Principal Gy �yUtitq y\�s 7y t 'T- y i TIFF F�1 11 a a,0 ay t� 1f aw ,tN ,R( c. Galaxy Elementary—Law Enforcement Day 73 4 { NIL �{ Ls Galaxy Elementary—Law Enforcement Day f, t 1 { yi. i fti„ Sweat w/a COP at Carolyn Sims Center r S Sweat w/a COP at Sims Center 74 pry � t t. �_- i Sweat w/a COP at Sims Center Cub Scout—Pack#243 at Poinciana Elementary fill t Read/Mentoring a Child at Library 75 d" i 3 "Boys in Blue" Mentoring at Congress Middle m , s t f 1� "Boys in Blue" Mentoring at Congress Middle 11 tt Habitat for Humanity—Home Dedication 76 �r Ii i � Il Habitat for Humanity—Women Build I lir I Y a V`ti,� Habitat for Humanity—Women Build I n } 1.x i (t1rt`, n� t { 4 i "Boys in Blue" Mentoring at Congress Middle r 77 "Boys in Blue" Mentoring at Congress Middle t Girl Scout Troop #20736 at Poinciana r r , ` ail Segway® w/new CRA indicia 78 Community Meeting hosted by Coalition of Clergy pll Community Meeting at Carolyn Sims Community Meeting hosted by Coalition of Clergy at Carolyn Sims Center 79 l l t A— 'I 1 @ s Food Distribution in the Heart of Boynton 1 n r�E sU a } it :l I; Sweat w/a COP at Carolyn Sims Center t, tisl� �K h tl ri�tt - - 41t dt�l�� 100 Days of Dad at Poinciana Elementary 80 k Days of Dad at Poinciana Elementary s A, loom s �« � e Harley (therapy dog),at 100 Days of Dad ccties' - ` _ �a✓'N�c � e:� �- cal �>L� Thank You Note from Poinciana Elementary School 81 k 4 , 1 S r ii� r ' Distribution of"Robert E. Wells Day" fliers L s I� q iMtl�l ��ilr3sl4�kt�� ksJkj r� t k t Boys in Blue Mentoring at Congress Middle f 1 Sweat w/a COP at Carolyn Sims Center 82 1 Is Boys in Blue Mentoring at Congress Middle frt 1 t{ }}} }�t5}4}4`.t�}�1�� Sweat w/a COP at Carolyn Sims Center t5 Sn �s Sweat w/a COP at Carolyn Sims Center 83 Robert E. Wells Love Festival at Carolyn Sims s f �; v �N% .WMR � t 7 Robert E. Wells Love Festival at Carolyn Sims r r Robert E. Wells Love Festival at Carolyn Sims 84 t �7 H s, Robert E. Wells Day— Cotton Candy and Snow Cone Making t y A 4r _- J„ l� f;F- f U Boys in Blue at Congress Middle h NC R Burk's Early Learning Center . 85 A -t fl is ¢' ✓!t�/ i t, Girl Scouts at Poinciana Elementary sl , t s_ Tutoring a Child at City Library "{ Galaxy Elementary STEM Open House 86 �2Sw� r � — 1 Galaxy Elementary STEM Open House IS� u 1. "w'77", ri+ftt s lr is rt'77", ,l „,,�,,_ Galaxy Elementary STEM Open House lil Galaxy Elementary STEM Open House 87 a' Y F i' Galaxy Elementary STEM Open House r;l Clothing Donation to VetsVille Home 4 r UN- 01 s— c' t Dialogue to Change Forum at Carolyn Sims Center 88 E; r — �vfir fs t y' 1 t; w 1�€ Burk's Early Learning Center (l fisc J rSf� i i L a s Sweat w/a COP �r z (1 Ati�1 s Sweat w/a COP 89 { r � i r rr, Community Meeting hosted by Coalition of Clergy at Carolyn Sims Center I Al v I i a �aP S F 4 i,✓';r ��1,�\ Wt k �i A fe Galaxy Elementary— Spring Break Field Day#1 90 p ,�k U Galaxy Elementary— Spring Break Field Day#1 Galaxy Elementary— Spring Break Field Day#1 _a Galaxy Elementary— Spring Break Field Day#1 91 rh', "fl,wr ri� s �rtWwqb s)Si {i }s� ripss�rrr4 i� „t��trs,�, D :n r _t r i r Galaxy Elementary— Spring Break Field Day#1 .l r7 t t,S l a; Galaxy Elementary— Spring Break Field Day#2 92 aF s c Galaxy Elementary—Spring Break Field Day#2 - J Vr S 1l i A s rz i 93 + fes. i' 4 f r "a R x. *h `"e4k � mHu Burks' Early Learning Center— Child Mentoring 94 A- r �RiC IM O, ` r � 3 z� 1 i Heart of Boynton Assn.—Fish Fry I �r 11+( Heart of Boynton Assn.—Fish Fry nv e i t Heart of Boynton Assn.—Fish Fry 95 � L �I x ' ii,YJC M_ rti Habitat for Humanity Home @ 117 NW 101 Avenue } Cub Scout Pack#243 PD Tour Yf{ {,air i SII Cub Scout Pack#243 PD Tour � . 96 ` ((,, i v y f 1 I 's s (sly\ytq�,; � �ol1•;V Cub Scout Pack#243 PD Tour S i Child Mentoring at Burk's ELC Child Mentoring at Burk's ELC 97 4W t�}r1 I yglf �S Y. Child Mentoring at Burk's ELC k }i SL'"1 4 SS } xft Child Mentoring at Burk's ELC �I „t �r pp = y- tlsY i„i � t it f Child Mentoring at Burk's ELC 98 Sweat w/a COP at Carolyn Sims Center Sweat w/a COP at Carolyn Sims Center 99 APPENDIX A 100 APPENDIX B 101 APPENDIX C 102 BOYNTON BEACH INCIDENTS - 01/01/2018 TO 03/31/2018 x oxa�. All Incident Types a Reporting Areas Selected:301,302,305,306 For:All Days of the Week with No Time Restrictions,Excluding All Filtered Addresses LEGEND Incident Types Total Incidents Selected=58 49 Assault--StrongarmAssault- (2) Extortion--Criminal Mischief (5) 40 Forgery&--Weapons Carry Posses (3) 40 MotorVehi--Stolen Automobile (3) 0 Other Offe--Offenses Not Covered (20) 0 Other--Recovered Stolen My (6) Possess Ma–Possession Of Mariju (2) Possess Op–Possession Of Opium/ (2) Possession--Loitering And Curfew (2) Property--Forcible Entry-Non (1) Property--Forcible Entry-Res (1) Property--Larceny Under$50- (5) Pa1mePf3GPBe_n LInB O All Others (6) rt mil fjgg 13t , s rceny Under$50NE 71 t, 1 - tl NE 12th„Ave Reporting NW12th Ave P potnctana, S , roperty--Larceny er Areas !EaYtOnsr 1� rtt � rrt s tsi i1 s �} I} i� r i i r>i i r(t ,� Parks (t t� ll r{I 7 P s tt r itis t s� (/rs r �r } �t r iso t f 9a �� 3a >� ttrrSllrlri �r r t t r i -Criminal Mischief mill ( �rtjc, r � ) ��'�r t�lds-�� ( tam3a( 4,'r";'i NE 9th A`NW9th Ave, t �' e)s i r t r U i i kr r1 f NE 8thrv” �r t r r i ii ( �11 sl ��t }1 �� 1 - � �� NE7thSt �I tNw7t� ' '''�r r r +� �' Vehi--Stolen Truck O Bus Ave , r r ,.,�,�7 Ctlr r� I i r tom`fr; Offe--Offenses Not Co erec fr ria (rt 1 rlr r1 r {I f�S lr r S r Z NWA6th Ave NE6thAve }i(� t ! trl yi t 1 1 a8 i r�7 mn ,, � �t t tSt ngarm Assault- lt6; rr l %l "`Tm NEj 5tShrA � r ��tWttAv t I 1131rr r--Recovered Stolen My < ' NW 4th(AveNE 4th Ave;z�r�y r g pi r , AV@;rtri z ` rr' 3Cd ',o� Cn ery&--Weapons Carry P sses V)rt" (y �� ,t s gy� ,..�.>(r i - �'Z Scale:1 inch=1,095 feet Map Produced on 04/0212018 By Carnelnfo-Version 11 P a ,� ° 1 1 Actual CategoryQuantity Cost per Unit Subtotal Notes # f :to t+Sr{}start},h,: Sergeant Salary& Incentive(Diehl) 1 $ 90,500 $ 90,500 Salary,Education Incentive Sergeant Benefits-Pension 1 $ 43,000 $ 43,000 Pension Sergeant Benefits 1 $ 15,755 $ 15,755 Healthcare, Dental,Vision, Fica Officer Salary& Incentive(Paramore) 1 $ 61,250 $ 61,250 Salary, Education Incentive Officer Benefits-Pension 1 $ 29,100 $ 29,100 Pension Officer Benefits 1 $ 13,335 $ 13,335 Healthcare, Dental,Vision, Fica Officer Salary& Incentive(NEW) 1 $ 50,000 $ 50,000 Salary,Education Incentive Officer Benefits-Pension 1 $ 23,750 $ 23,750 Pension Officer Benefits 1 $ 13,335 $ 13,335 Healthcare, Dental,Vision, Fica $ 340,025 Personnel Costs Total tl�i)'t! tsli„ l {`)tr,t l�sr a�( trfi rr7lsl 15r{i?`}11i4rrll{t)tt'yt'!lstts ,+y1,,rS,gg#{}( '�Ili)k:% } ,,_r 1,i" SI tt tYl r,,s ! }t t,# t} Ii, }„rY ,, \ ,i) rl4}, \.: r, 1 )4}# ,+r ),}) aF! \lir4 ,.,,(},t } „ 41t t ,?s�,3 p��p�7a4 9a j�t i}..,sf ,ryf S t.. t , 4a))1:ti,>.•.t ,€ .s,o,,,jr+tS\lt(�f t..-:1} c \t ,r"r�itfSt tri I },.0., , ta>. rtst�;flt ??,rj,ii X1,;,1,};i„r,,.e 4s,;Sr.,}�}}».: }��ah,r,j£C:u4}f,(s„iS,rA} }#M1)�Irtti-14 ir1), ,,t, ., i.t1,}4i„ ,1+4,,7t}It. r,r.t�it ��\��tV1„j�12, ,4i,,,.. Radio and Related Equipment 1 $ 2,000 $ 2,000 Bike Rack 1 $ 250 $ 250 Misc. Equipment-As needed 1 $ 2,500 $ 2,500 4,750 Equipment Costs Total 0,Si}�44 ss, \ii, ��4),lrl�}It4r\,}I}}�tt�}t#r41�{4tslY\� 1�}`„: �,'. Cell Phones Service Plan 3 $ 675 $ 2,025 Office Supplies 1 $ 2,000 $ 2,000 Paper, Pens etc. Office Cleaning 1 $ 1,500 $ 1,500 Misc. Supplies 12 $ 125 $ 1,500 Printer-Copier-Scanner 1 $ 1,000 $ 1,000 For Community Events 8,025 Office Expenses Total ,t rtrs,r_ta ,z,_ # t -, ,.� �st ,lr) , ,.1\ X rtt 7 ,-.. _,. : Promotional/Marketing $ 7,500 Contingency $ 11,700 ILA Amountr FY 17-18372,000 NOTE: All amounts provided by Police Department with exception of Contingency and ILA amount for F'Y 2017-2018 Revised by CRA to include promotional/marketing materials and additional equipment. T:\FINANCE\01 FINANCIAL OPERATIONSWearly Operations\Budget Files\2017-2018 Budget Files\POLICE: - Neighborhood Policing Budget- FY17-18 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 OLD BUSINESS AGENDAITEM: 13.13. SUBJECT: Project Update on Ocean Breeze East SUMMARY: At their October 10, 2017, meeting, the CRA Board approved a Purchase and Development Agreement for the sale of the CRA owned Ocean Breeze East property located at 700 N. Seacrest Boulevard, to Centennial Management Corporation for the development of a new 106-123 unit, affordable multi-family apartment complex within the Heart of Boynton District (see Attachments I & II). As per the terms of the Agreement, the following key milestones have been reached: • Centennial has submitted their 9% Low Income Housing Tax Credit Program application for project funding by the specified due date of December 28, 2017. • Centennial's application received the highest "lottery" number and therefore placed in first position for project and funding review by Florida Housing Finance Corporation (FHFC) staff. • On March 16, 2018, Centennial's application was presented to the FHFC Board and received their approval for funding. • Under the 9% LI HTC program guidelines, applicants who were not selected for funding have the right to "protest" the FHFC Board's findings and final award. Consequently, Centennial is currently involved in the legal defense of their application and project against the protest of the non-selected applicants. • On May 21, 2018, a third party judge will hear legal arguments and make a final determination of the award selection process. Centennial and CRA staff are hopeful that the judge rules in favor of our application and upholds the findings of the FHFC Board of Directors and staff. Key terms of the Purchase and Development Agreement are as follows: • The sale of the property to Centennial Management Corporation for $800,000 took place on January 19, 2018. • The CRA would provide $567,500 to the City as the Local Government Contribution for the 9% Low Income Housing Tax Credit (LI HTC) Program application. • If the 2017 LI HTC application is unsuccessful, Centennial would make application for the 4% State Apartment Incentive Loan (SAIL) Program due in October 2018 and the CRA would commit the $567,500 Local Government Contribution if successful. • Centennial would also apply for the 9% LI HTC funds in December 2018, and the CRA would commit the $567,500 Local Government Contribution if successful. • If Centennial is unsuccessful at obtaining funding through either program in 2018, the CRA would commit to provide Centennial with the gap financing needed to complete the project in the form of an annual funding allocation of $350,000 for a fifteen year period (total of $5.25 Million). • A reverter clause and first right of refusal provisions. • Construction of a three (3) story, 123 unit affordable multi-family rental housing development, including 2,000+/- sq.ft. of flex space to be utilized as the new Neighborhood Officer Program office and community space. • Commitment to prioritize the use of local contractors and sub-contractors during construction and make efforts to hire local residents as part of the development's operations team. These efforts will include, but not limited to, providing public notice locally and hosting job fairs or other employment opportunities within the community. FISCAL IMPACT: Proceeds from the property sale: $800,000 FY 2017-2018 Budget Line Item ... FY 2017-2018 Budget Line Item - 02-58... -$567,500 (Local Government Contribution) CRA P LAN/P ROJ ECT/PROGRAM: 2016 CRA Redevelopment Plan, Heart of Boynton District (pages 105-118) CRA BOARD OPTIONS: No action required unless otherwise determined by the CRA Board. ATTACHMENTS: Description D Attachment I - Location Map D Attachment II - P & D Agreement eq Y ' 1 'j�Y II Iii �f„ r i 0 a Coal }��,Y m 1pl 4l � C4 uj r k- 4fI "i` is L•_ _ ji �St itr, �� u l fyp k S 3 kp a l s s 'f s a ,jS4 :s til i s t Na:r l R s f tfas ulttkr�r�R`!s!, 1;Yf31}ilys x r�} t}, i, t'Si ty; �f'~rx' t,lmi r is S is Nbh, s s is s r sa., s: ;, u w Sl tfa iut ni f s ` 4t�`F a�r,s)yk, Yim, p tr iia i„j I ti't u 4glw;r�ws r 'C `s=r` a�t � �t s >m :s , ci x*s co 10 z >>a t MN PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement /hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between 8OYNTDN BEACH COMMUNITY REDEVELOPMENT AGENCY, apublic agency created pursuant toChapter 1G3, Part /||, of the Florida Statutes (hereinafter "SELLER") and OCEAN BREEZE EAST APARTMENTS LLC or its affiliated assignee (hereinafter"PURCHASER",and together with the SELLER, the "Parties"). In consideration of TEN DOLLARS AND 00/100 DOLLARS ($10.00) and the mutual covenants and agreements herein set forth, the receipt and sufficiency of which is hereby acknowledged the Parties hereto agree as follows: l. . SELLER agrees tosell and convey tuPURCHASER and PURCHASER agrees to purchase and acquire from SELLER' on the terms and conditions hereinafter set forth, the real property legally described in Exhibit "A," attached hereto /hereinafter the "Property"). The Parties intend that the purchase and sale and ensuing redevelopment ofthe Property will be effected inorder toreduce slum and blight and toenable the construction ofanaffordable new housing community as set forth herein (the °9rojecƒ\ on the site nfthe former housing project known aoOcean Breeze East. 2. PURCHASE PRICE AND . The Purchase Price for the Property shall be EIGHT HUNDRE0THOUSAND AND 00/100 DOLLARS ($800,000.00) to be paid in full at Closing. SELLER has complied with Section 163.300\ Florida Statutes, in proceeding with the sale of the Property toPURCHASER, 3. DE]P3S[TS, AnInitial Deposit inthe amount ofTWENTY-FIVE THOUSAND AND 00/100 ($2S,000.00) (hereinafter "Initial Deposit") shall be deposited with Lewis, Longman8i Walker, P.A. (hereinafter "Escrow Agent") within two /Z> business days following execution hereof bythe Parties, The Initial Deposit shall be fully refundable toPURCHASER, lfprior 1othe expiration of the Feasibility Period /as hereinafter defined>, the PURCHASER advises SELLER in writing that itdoes not intend tocomplete the purchase of the Property. 3.1 Second Deposit. An additional deposit in the amount of TWENTY-FIVE THOUSAND AND QO/1OO /$25,DOO.0O\, which together with the Initial Deposit shall be referred to as the"Deposit,"shall be deposited with the Escrow Agent,at the end of the Feasibility Period (as hereinafter described). The Deposit shall be non-refundable to PURCHASER, except upon (i) failure by SELLER to satisfy any conditions precedent to closing; or (ii) default by SELLER hereunder.. All interest accruing onthe Deposit, ifany, shall becredited tothe Party entitled 10 retain the Deposit in the event of the cancellation ortermination hereof.At closing,the Purchase Price shall he payable in cash, less the Deposit, and subject to proradonaand adjustments set forth herein. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Dote") shall be the date when the last one ofthe SELLER and PURCHASER has signed this Agreement. Mo7724.2 5. CLOSING. The PURCHASER'S obligationtoclose onthe purchase ofthe Property iscontingent onthe following: a) PURCHASER'ssubmittal ofaformal application for anallocation of99&Low Income Housing Tax Credit's (UHTC)from Florida Housing Finance Corporation (the "AUocation") prior to the last date of the applicable Florida Housing Request for Applications period ("RFA") which is estimated to he not later than December 28, 2017 (the "ZO17Tax Credit Application Per|od"); b) Seller's delivery ofmarketable title tothe Property toPURCHASER subject only tnthe Permitted Exceptions asset forth herein, 6. CLOSING DATE. PURCHASER shall make every reasonable effort toclose on mrbefore January 31, 2O18, atsuch location towhich the parties may mutually agree inwriting. in the event closing is delayed for any reason,it is agreed that the Agreement shall terminate on June 3O, 2O18, ifclosing has not occurred. 7. TITLE TO BE CONVEYED. At Closing,SELLER shall convey toPURCHASER,bySpecial Warranty Deed complying with the requirements of the Title Commitment(hereinafter defined), valid,good,marketable and insurable title infee simple tothe Property,free and clear mfany and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (coUective|y,the"Permitted Exoeptions°): (a)general real estate taxes and special assessments for the year ofClosing and subsequent years not yet due and payable; (b) covenants, conditions, easements,dedications, rights-of-way and matters mfrecord included on the Title Commitment or shown on the Survey(as hereinafter defined),to which PURCHASER fails to object,orwhich PURCHASER agrees to accept. 8. INVESTIGATION OF THE PROPERTY. For a period of thirty (30) days from the Effective Date ("Feasibility Period"), PURCHASER and PURCHASER'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at PURCHASER'S expense,to make inquiries of,and meet with members of Governmental Authorities regarding the Property and toenter upon the Property,at any time and from time totime with reasonable notice toSELLER and solong as said investigations do not result in a business interruption, to perform any and all physical tests, inspections,and investigations of the Property, including but not limited to Phase | and Phase 11 environmental investigations, which PURCHASER may deem necessary. During the Feasibility Period, PURCHASER may elect, /n PURCHASER'S sole and absolute discretion, toterminate this Agreement. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and � investigation of the Property; (N)to the extent practicable, repair and restore any damage caused | tothe Property byPURCHASER'S testing and investigation;and /ii|\ release tVSELLER,atnocost, all reports and other work generated as a result of the PURCHASER'S testing and investigation. mmmr+z rDrv\Duvh0esxCemtennia1 PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, reasonable attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER'S investigation of the Property. PURCHASER'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 8.1 Seller's Documents. SELLER shall deliver to PURCHASER the following documents and instruments within five (5) days of the Effective Date of this Agreement: any existing title policies, appraisals, copies of any reports or studies (including environmental, engineering, surveys, soil borings and other physical reports) in SELLER'S possession or control with respect to the physical condition of the Property, copies of all permits, authorizations and approvals issued by Governmental Authorities for the Property and any correspondence which discloses claims, allegations or adverse information regarding the Property or SELLER with respect to the Property. 8.2 Title Review. Within thirty (30) days of the Effective Date, PURCHASER's counsel, as closing agent for the transaction contemplated herein (the "Closing Agent") shall obtain, at the PURCHASER'S expense,from a Title Company chosen by PURCHASER (hereinafter "Title Company"),a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than fifteen (15) days after receipt of the Title Commitment notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Objections"). if PURCHASER fails to deliver PURCHASER'S Title Objections to SELLER within the aforesaid review period,title shall be deemed accepted subject to the conditions set forth in the Title Commitment, If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty(30)days to diligently and in good faith undertake all necessary activities to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). Notwithstanding anything to the contrary in this Section, SELLER shall have an affirmative duty to satisfy all title requirements which are liquidated claims, outstanding mortgages,judgments, taxes (other than taxes which are subject to adjustment pursuant to this Agreement), or are otherwise curable by the payment of money without resort to litigation (collectively, the "Mandatory Objections"), which may, at SELLER'S election, be done at Closing by the Closing Agent's withholding of the applicable amount from the proceeds of sale. In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections which are not Mandatory Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, shall have the option of: (i) extending the Cure Period and the Closing for one additional thirty(30) day period at no cost to PURCHASER, (Ii)accepting the Title to the Property as of the time of Closing;or(iii) canceling and terminating this Agreement, in which case, any Deposits shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for 00%7724-2 T:Drv\DevR0Bh-\Centennja1 those expressly provided herein tosurvive termination ofthis 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. |fanyTit|eUpdate contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right toobject tosuch new mrdifferent 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 tothe provisions ofthis Section. 8.3 PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey (the =Survey") of the Property, indicating the number of acres comprising the Property tothe nearest 1/1UOthofanacre. |fthe 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 ofSection 8.2concerning title objections. 9. CONDITIONS TO CLOSING. PURCHASER shall not beobligated toclose on the purchase ofthe Property unless each ofthe following conditions(coUective|y,the "Conditions to L|osing")are either fulfilled orwaived byPURCHASER inwri1ing- 9.1 Representations and Warranties. All of the representations and warranties VfSELLER contained inthis Agreement shall be true and correct asofClosing. 9.2 Pend Proceedims. At Closing, there shall be no actions, suits, proceedings or investigations pending or threatened against Seller or the Property affecting any portion of the Property, which has not been disclosed, prior to dosing, and accepted by PURCHASER. 93 . The Property shall be in compliance with all applicable federal, state and |noa|laws,ordinances, rules, regulations,codes, requirements, licenses,permits and authorizations as of the date of Closing. 10. CLOSING DOCUMENTS. The SELLER shall prepare, orcause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. AtClosing,SELLER shall execute and deliver, orcause tobeexecuted and delivered tu PURCHASER the following documents and instruments: 10.1 Deed and Authorizing Resolutions. SELLER shall furnish aWarranty 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 oOWv72+z Permitted Exceptions,together with such resolutions orother applicable authorizing documents evidencing approval of the transaction by the SELLER's governing body as the Closing Agent and the title Company may require. 10.2 Sellees Affidavits. SELLER shall furnish toPURCHASER anowner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law,that the SELLER will not record orenter into documents affecting the Property after the last effective date on the Title Commitment, and that there are noparties inpossession ofthe Property other than SELLER.SELLER shall also furnish 10 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. 10.3 Closing Statement. Aclosing statement setting forth the Purchase Price, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and deliver atClosing. 10.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 10.5 Additional Documents. Such other documents asPURCHASER mrthe 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. 21. PRORATION�,CLQSING COSTS AND CLOSING PROCEDURES. 11.1 Pnorations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Taxes shall be prorated based upon the cu/rent year's tax with due allowance made for maximum allowable discount. |fClosing occurs atadate when the current year's mi||age |snot fixed and current year's assessment isavailable,taxes will beprorated based upon such assessment and prior year's noi||age. !fcurrent year's assessment is not available, then taxes will be prorated on prior year's tax. ALen proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill which discloses an actual difference in the amount of the taxes estimated at Closing that exceeds$1,000. 11.2 Closing Costs. SELLER shall pay for documentary stamps onthe deed, recording the deed and any cost associated with curing title. Purchaser shall pay all other closing expenses. Each party shall be responsible for their respective attorneys'fees. 11.3 Closinfl, Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and p/oretiunsset forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Closing Agent the Closing Documents. The Closing Agent shall, at �07'724-2 T:on^mv|mBsvc~mteuniu/ 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. 11,4 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. 12. REPRESENTATIONS, COVENANTS AND WARRANTIES. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 12.1 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms.The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 12.2 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind,except the Permitted Exceptions(and encumbrances of record which will be discharged at Closing). 12.3 1Lif!gptiqp. There are no actions, suits, proceedings or investigations pending or threatened against Seller or the Property affecting any portion of the Property, including but not limited to condemnation actions. 12.4 Parties in Possession. There are no parties other than SELLER in possession or with a right to possession of any portion of the Property. 12.4 Acts Affect in�F19rierty. From and after the Effective Date, SELLER will refrain from (a) performing any grading, excavation, construction, or making any other change or improvement upon or about the Property; (b) creating or incurring, or suffering to exist, any mortgage, lien, pledge, or other encumbrances in any way affecting the Property other than the Permitted Exceptions (including the mortgages, liens, pledges, and other encumbrances existing on the Effective Date) and (c) committing any waste or nuisance upon the Property. 13. DEFAULT PRIOR TO CLOSING. 13.1 PURCHASER'S Default Prior to Closing. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER,SELLER shall be entitled to terminate this Agreement and retain the Deposit, and neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those 0090ir-4-2 T:Drv\Dev1\0BE\Centennia1 expressly provided to survive the termination of this Agreement; prodded, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property bypersons claiming by, through orunder PURCHASER. 13.2SELLER'S . /mthe event that SELLER fails tofully and timely perform any ofits obligations and covenants hereunder prior to Closing or if SELLER is in breach of any representations herein prior to dosing, PURCHASER may, at its option declare SELLER in default under this Agreement in which event PURCHASER's rights shall include the right todemand specific performance ofthe provisions ofthis Agreement. 13.3 Notice of..Default Prior to Closin . Prior to declaring a default prior to closing and exercising the remedies described in this Section,the non-defaulting Party shall issue anotice ofdefault to the defaulting Party describing the event orcondition ofdefault insufficient detail toenable areasonable person todetermine the action necessary tocure the default. The defaulting Party shall have fifteen (15)days from delivery ofthe notice during which tocure the default, provided, however, that as to afailure to dose, the cure period shall only be three (3) business days from the delivery ofnotice. 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. 13.4 Survival. The provisions of this Section 13 shall survive the termination of this Agreement. 14. 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 tothe following addresses: |ftqSeller: Boynton Beach Community Redevelopment Agency Executive Director, Michael Simon 71ON. Federal Highway Boynton Beach, Florida 33435 With acopy to: Kenneth Dodge, Esquire Lewis, Longman &VVa!ker, P.A. 515 North Aag|erDrive,Suite 150A West Palm Beach, Florida 33401 If to Purchaser: Ocean Breeze East Apartments LLC Attn.: LevvisSw/ezy 7735NVV146Street,Suite 306 Miami Lakes, F| 3]OlG w907724-z With a copy to: James Hurchafla, Esq, 888 E Las Olas Blvd Fort Lauderdale, FL 33301. 15, BINDiNG 0BL1GATlQN/ASSjG-NMENT. The terms and conditions of this Agreement are hereby made binding oil, 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 PURI HASER,which shall not be Unreasonably withheld. This Agreement rnay be freely assigned by PURCHASER to an affiliated assignee of PURCHASER, and thereafter PURCHASER'S assignee shall be obligated to close the transaction contemplated herein as if such assignee were the original party to this Agreement. Any assignment by PURCHASER to are unaffiliated party shall be subject to the written approval of SELLER, which shall not be unreasonably withheld. 16. RISK OF LOSSe In the event the condition of the Property, or any part thereof, is rnaterWly altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, to terminate this Agreement and receive a refund of the Deposit and the parties shall have no further obfigations under this agreement, or PURCHASER may accept the Property without any reduction in the value of the Property. in the event of the institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior to Closing,or in the event of the taking of any portion of the Property by eryflnent domain prior to Closhig, SELLER shall promptly notify PURCHASER and PURCHASER stroll thereafter have the right and option to terminate this Agreement by giving SELLER written notice of PURCHASER's election to ternnina"te within fifteen (1175) days after receipt by PURCHASER of the notice from SELLER, SELLER hereby agrees to furnish PURCHASER with written notice of a proposed condemnation within two (2) business days after SELL PR's receipt of such notification. Should PURCHASER terminate this Agreement,the Deposit shall immediately be returned to PURCHASER and thereafter the Parties shall be released from their respective obligations and liabilities hereunder. ShoWd PURCHASER elect not to terminate,the parties hereto shall proceed to dosing and SELLER shall assign all of its right,title and Interest in all awards in connection with such taking to PURCHASER. 17. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement, Each Party shall indemnify,defend and hold harniless the other Party from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. However, SELLER'S indernnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. The provisions of this Section shall sur hie Closing or terminaflon of this Agreement. 00907724.2 TOMDevROBETentennial 18. ENVIRONMENTAL CONDITIONS. To the best ofSELLER'S knowledge, the Property and the use and operation thereof are incompliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 19. DEVELOPMENT AND SALE OF THE PROPERTY. SELLER and PURCHASER acknovv|edgethat the Property isbeing sold toPURCHASER for the sole purpose ofdeveloping a mnu|ti'tarni|yaffordab|e development as described herein. 19.1 SELLER DESIGN APPROVAL. The PURCHASER agrees that the SELLER shall have the right to reasonably approve the design of the Project. PURCHASER shall submit plans to the SELLER for review prior to submission to the City for formal site plan approval. SELLER shall provide comments orapproval ofthe design toPURCHASER atits next regularly scheduled Board meeting after PURCHASER submits plans for approval. 19.2RECLUIRED PROJECT ' The Project shall include the following elements and improvements: a) if requested or required by the SELLER, the Project will be designed to be a gated community to enhance the value of the Property. A decorative fence may be installed around the buildings comprising the Project tocreate anenclosed space. |frequested mrrequired by the SELLER, a mechanical gate will be installed at the entry and exit of the Project requiring proof of residency for entry. Gates shall not be required if space required for gates (including stacking and turn-around requirements)is impractical or would negatively impact other elements of the site plan including the unit count. b) The Project will have a minimum of G' sidewalk constructed around the entirety ofthe Project. C) The Project will include street lights installed along the entire perimeter of the Project that are complimentary tothose existing along the east side ofN.SeacrestBoulevard adjacent to the Property. d) The Project will include on-street parking spaces,where feasible. e> The Project will include street and site trees that exceed the size and caliper requirement ofthe City's Land Development Regulations which will beinstalled along the entire perimeter of the Project. f) The Project will include enhanced resident amenities within the proposed project boundaries. g) The Project will include plaza style open space that exceeds the requirement ofthe City's Land Development Regulations with landscape, hardocape and accent lighting features preferably located on N. Seacrest Boulevard or at the corner of N. Seacrest Boulevard and NE 7 tx Avenue. mm,72+, h) The Project will include construction of three (3) story, 100-123 unit affordable multi-family rental housing development, approximately 2,50Qsq.ft. offlex space for a new Neighborhood Officer Program office and community space, which shall be provided to the CRA for said use rent free. 19.3 LOCAL,CONTRACTORS:Purchaser commits toprioritize using local contractors and sub-contractors during construction and to make efforts to hire local residents as part of the Project's operations team. These efforts will include, but are not limited to, providing public notice within the CRA area of available contracts and positions and hosting job hairs or other employment opportunities within the community. Prior to and during the construction of the Project,the Developer shall: a\ Hire ajob placement consultant during the construction ofthe Project; b\ Host ajub hair; c) Give priority to Contractors that are Locally Owned Small Businesses to participate inthe construction ofthe Project; d\ Include in all contracts with Contractors requirements that the Contractors use Good faith Efforts to hire and train City residents to participate in the construction of the Project; e) Provide alist ofjob positions and descriptions tmaCommunity Outreach Partner and agree to give priority to qualified job applicants referred by the Community Outreach Partner toparticipate inthe construction ofthe Project; M Use Good Faith Efforts tooffer permanent job positions resulting from the Project toqualified City residents; 8} Notify and refer job training and job placement opportunities tothe Boynton Beach Community High School and South Tech Academy inBoynton Beach in the event each are able and willing toprovide such training; and h) Pay orcause to bepaid new hires inall permanent post-construction positions residing within the City aminimum ofthe Living Wage 19.4 Construction Perm it.Aoaroval. The SELLER will cooperate with the PURCHASER with regard to signing and processing any applications and forms required by the City or other authorities having jurisdiction over the PROPERTY to obtain building permit approval and such other design and construction documents as may be reasonably required by PURCHASER to permit the Project to be constructed and operated. The PURCHASER will be responsible for all costs associated with development and construction ofthe Project including the formulation of the Project's design and construction documents as well any and all applicable permit fees associated with the Project. 20. FUNDINGOPTIONS. BUYER shall have the following options toobtain funding for the Project. wm772^z T:nnxoev/moEvccnmmom/ a) PURCHASER shall submit an application for g96 Low Income Housing Tax Credits (UHTC) from Florida Housing Finance Corporation (FHFC) in the 2017 Tax Credit Application Period. a) |fPURCHASER'sapplication toFHFCduring the 2O17Tax Credit Application Period is successful and 996 Tax Coedits are awarded to Seller for the Project, then the development of the Project shall commence pursuant to FHFC underwriting schedule. b) If PURCHASER is NOT successful, and no 996 Tax Credits are awarded through the 2O17TaxCredit Application Period,then SELLER shall,atits option,either: (i)instruct PURCHASER to apply to FHFCfor g SAIL loan and/or 9% L|HTCfunds through FHF['s 2018 RFA cycle ("2018 Tax Credit Application Period"); or (ii) instruct PURCHASER to obtain non- competitive Tax oncornpetit/veTax Exempt Multifamily Revenue Bond funding from FHFC or from the Palm Beach County Housing Finance Authority as well as non-competitive 496Tax Credits from FHFC, and SELLER shall provide Tax Increment Revenue(T|R)funding(TIR)10the PURCHASER for the Project |nanamount to cover the difference between total Project development costs and the sum total of all Bond and 496 L|HT[ funds received by Purchaser for the Project, which amount ofT|R funding provided bySeller shall not exceed $350,O0d.D0per year over afifteen (15)year period without the approval mfSeller (hereinafter"Gap Funding"). }fSeller instructs Purchaser topursue option(ii}above, SELLER shall return toPURCHASER anamount equal tothe$8O0,U0Opurchase price paid for the Property and provide $S0D,000 in local government grant as proffered in PUKCHASER'sRFA response. C) If SELLER instructs PURCHASER to apply for SAIL funds in the 2018 Tax Credit Application Period and and SAIL funds are awarded to PURCHASER for the Project, then the development of the Project shall commence pursuant to FHFC underwriting schedule. d\ /fSeller instructs PURCHASER toapply for 9Y6L|HTCinthe 2O1QTax Credit Application Period, and 9%Tax Credits are awarded to the PURCHASER for the Project through the 2018 cycle,the development of the Project shall commence pursuant to FHFC underwriting schedule. |fSeller instructs Purchaser to apply for both SAIL funds and 9V6L|HTCinthe 2018 Tax Credit Application Period, the development of the Project shall commence pursuant to FHFC underwriting schedule atthe earliest ofeither SAIL funds nr996Tax Credits being awarded tothe PURCHASER for the Project. e) \fPURCHASER isinstructed toapply for SAIL funds and/or 996L|HTCin2OI8 and neither is successful,and no SAIL loan and no 9%Tax Credits are awarded to PURCHASER for the Project, the development ufthe Project shall commence pursuant to Section 21and SELLER shall: I) Instruct PURCHASER toobtain non-competitive Tax Exempt Multifamily Revenue Bond funding from FHFCorfrom the Palm Beach County Housing Finance Authority as well asnon-competitive 4%Tax Credits from FHFC, and 00Q077274-2 T:ommc,/\oBacente^n/u/ |U Provide TlRfunding to the Purchaser for the Project in an amount to cover the difference between total Project development costs and the sum total of all Bond and 4% L|HTChmnds received by Purchaser for the Project, which amount ofT|R funding provided by Se||ersha||not exceed$35O,8OO.00per year over a fifteen(15)year period without the approval of Seller (hereinafter "Gap Funding") . If Seller instructs Purchaser-to pursue option (ii) above, shall returnto PURCHASER an amounteclual tothe$800,000 purchase price paid forthe Property and provide$5OO,OOOinlocal government grant as proffered inPUR[HASER'aRFP response. g) SELLER shall support PURCHASER in its effort to obtain funding from FHFC by giving Local Government Area of Opportunity preference to PURCHASER when PURCHASER applies toFHFCinboth 2O17and 2018 Tax Credit Application Periods for SAIL or996 L|HTCfunding for the Project. SELLER shall inatimely fashion execute this Agreement aswell as other documents required to be submitted as part of PURCHASER's applications to FHFC pursuant to this Agreement and SELLER shall Provide a $567,500 Local Government Contribution to the Purchaser for the Project, which funds shall only be disbursed upon award ofeither SAIL or9% LIHTC funds toPURCHASER for the Project. h) |fthe Project bfunded by9Y6L|HTCsorSAIL,financing will be obtained and documentation provided tothe CRA within the time frame set forth inFHF['s credit underwriting procedures for the SAIL with bonds and 4%L|HTCor996UHTCaothe case may be. 21. DEVELOPMENT TIMELINE FOR TAX INCREMENT FUNDING OPTION. PURCHASER shall commence development of the Project by conducting the following actions pursuant to the development timeline set forth |mthis Section. Completion ofeach action set forth below must be documented in writing, and all such documentation must be provided to SELLER upon completion ofeach action. a> PURCHASER shall submit anapplication and all necessary supporting documents tothe City for site plan approval within ninety(9Q) days ofnotice toPURCHASER from FHFC that it has not received either SAIL or 9%LIHTC funding in either the 2017 and 2018 Tax Credit Application Periods and written confirmation by SELLER that the Project will be funded pursuant toSection 2U(f)above. b> Purchaser shall submit applications and all necessary supporting documents tmthe City for abuilding permit within one hundred twenty (12O) days ofthe City's approval of the site plan for the Project. Proof ofpermit application fees paid will be provided to the SELLER upon submission to the City. PURCHASER shall provide a copy of the building permit for the Project upon issuance of the same by the City. w*m72+2 T:DrwDev/maEvreute^nm| C) SELLER shall assist PURCHASER's request for site plan approval and building permit issuance 1othe extent practicable and permitted by |avo and to the extent the same isconsistent with the terms ofthis Agreement. d> If the Project is funded by T|R, PURCHASER shall obtain non-competitive Tax Excennpt Multifamily Revenue Bond funding from FHFCorfrom the pa|nn Beach County Housing Finance Authority as well as non-competitive 4%Tax Credits from FHFC. Financing shall beobtained and documentation provided tothe CRA within the time frame set forth inthe HFA's and/or FHFC'scredit underwriting procedures for the SAIL with bonds and the 496L|HT[. e\ Regardless offunding source, PURCHASER shall conduct a groundbreaking ceremony and commence construction of the Project within sixty(60)days following the issuance ofabuilding permit bythe City for the Project.SELLER will beinattendance atthe ceremony with limited participation in its planning. d\ Temporary orpermanent certificate ofoccupancy shall beobtained within twenty-four(24) months following issuance ofthe building permit for the Project bVthe City, regardless offunding source. g) Purchaser shall diligently pursue and use all reasonable efforts to obtain all necessary approvals for the construction and development ofthe Project. Upon receipt mfthe building permit for the Project from the City, PURCHASER shall diligently pursue completion of construction ofthe project re8ard|essoffumdingaource. 22. DEFAULT AFTER CLOSING, Failure of PURCHASER to strictly comply with the any of the provisions set forth in this Agreement after the Closing shall constitute a default and breach ofthis Agreement. |f PURCHASER has not provided SELLER with written notice explaining the reason or circumstances not under the control of PURCHASER that has prevented PURCHASER from complying with the provisions mfthis Agreement and SELLER has not agreed in writing to same, then the PURCHASER shall be required to reconvey the Property to the SELLER, and this Agreement shall be terminated,and SELLER shall be released from any and all obligations under this Agreement, and, assuming the SELLER has not otherwise returned to Purchaser an amount equal 10the purchase price for the Property pursuant toSection 20(b)above orany other provisions of this Agreement, SELLER shall reimburse PURCHASER the purchase price of the property described herein. 23. REVERTER CLAUSE. The Warranty Deed of conveyance shall contain a reverter clause that shall run with the Property until the Project is completed and the PURCHASER has obtained a Certificate of Occupancy for the Project.The reverter clause shall require the Property to be neconveyed to SELLER by quit claim deed should PURCHASER default under the terms of this Agreement. In the event the SELLER exercises its right ofreverter, SELLER shall reimburse PURCHASER the purchase price of the property described herein. To carry out the terms of this paragraph, PUR[HASERoha|| executeareverLeragreernentinthefmrnosetforthonExhibit"8". 009(3n24-2 ro^^m=v/\0morcutenma1 24. RIGHT OF FIRST REFUSAL. |nthe event SELLER provides 7lRFfunds toPURCHASER for the Project under this Agreement, PURCHASER shall grant SELLER a Right mfFirst Refusal for repurchase of the Property which shall be in full force and effect and shall not terminate until PURCHASER obtains its Certificate of Occupancy. The terms and conditions of this right shall be as follows: (i) If Purchaser receives an offer to purchase the Property pursuant to a written contract or letter of intent, Purchaser shall give Seller notice of the offer bvdelivering a copy ofthe contract or letter of intent to Seller("Notice") pursuant to the Notice requirements VfSection 14above. (ii) Within ten (10) days of receipt of the Notice, Seller shall either waive or exercise its right of first refusal. /f Seller elects to exercise its right of first refusal, Seller shall, within ten (10) days after receipt of the Notice, deliver to Purchaser an agreement to purchase the Property on the same terms asset forth inthe Notice including the delivery of a deposit (if applicable), and upon receipt by the Purchaser ofthe foregoing from the Seller, Purchaser and Seller shall enter into a Purchase and Sale Agreement pursuant tothe same terms and conditions as the Notice. (|O) |fSeller fails tnexercise orwaive its right offirst refusal inaccordance with the terms and conditions stated herein, within ten (10) days after receipt of the Notice, then Seller's right offirst refusal shall bedeemed tohave been waived. 25. 25.1 General. This Agreement, and any amendment hereto, may beexecuted 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 tua Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall beofany force oreffect unless inwriting executed byParties. 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 nroral,between the Parties. This Agreement shall beinterpreted inaccordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County,Florida,or,should any cause of action be limited to federal jurisdiction only,in the United States District Court for the Southern District Court ofFlorida. 25.2 . Any reference herein totime periods which are not measured in business days and which are less than six(6)days, shall exclude Saturdays, Sundays and legal holidays inthe computation thereof. Anytime period provided for inthis Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time isofthe essence inthe performance ofall obligations under this Agreement. 00907z4-2 rom^me,/\oBeceutenn/u Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 25.3 Waiver. Neither the failure ofaparty tPinsist upon strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms,provisions,covenants,agreements or conditions. This paragraph shall survive termination mfthis Agreement and the Closing. 25.4 The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hmreof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. Asused inthis 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 requine. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 25.5 SeverWifty. |fany provision ofthis Agreement orthe application thereof shall,for any reason and toany extent,beinvalid orunenforceable,neither the remainder ofthis Agreement nor the application of the provision toother persons, entities orcircumstances shall beaffected thereby,but instead shall be enforced tothe maximum extent permitted bylaw,The provisions of this Section shall apply to any amendment of this Agreement. 25.6 Handwritten Provisions. Handwritten provisions inserted inthis Agreement and initialed by SELLER and PURCHASER shall control all printed provisions in conflict therewith. 25.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement,PURCHASER and SELLER hereby waive trial byjury inany action orproceeding brought byeither party against the other party pertaining to any matter whatsoever arising out of mr|nany way connected with this Agreement. 25.8 Attornevs 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 atthe appellate level,shall beawarded tothe prevailing party. 25.9 . Each party hereby represents and warrants to the other that each person executing this Agreement onbehalf ofthe 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. 25.10 No Recording. This Agreement shall not berecorded inthe Public Records of Palm Beach County, Florida. m907724-2 T:m,\Dmv'wnMCnmxnouu 25.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the Deed and PURCHASER'S possession of the Property. 25.12 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. 25,13 Public Records, SELLER is public agency subject to Chapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law, Specifically, the PURCHASER shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in connection with this Agreement; b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat.,or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining and providing public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the SELLER in a format that is compatible with the information technology systems of the SELLER. SELLER shall, upon request, provide guidance to PURCHASER as to the public records keeping and reporting duties that are imposed upon PURCHASER as provided above and shall take all steps reasonably required to assist PURCHASER in not violating them. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If PURCHASER fails to cure the default within seven (7) days' notice from the SELLER the SELLER may terminate the Agreement. SIGNATURES APPEAR ON FOLLOWING PAGES T:Drv\DevJ\0BE\Centennia1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER: SELLER: OCEAN BREEZE EAST APARTMENTS LLC BOYNTON BEACH COMMUNITY By Ocean Breeze East GP LLC REDEVELOPMENT, GENCY rf X x .� Printed Name.- Printed Name:Steven B.Grant Title: Authorized Merber Title:Chair Date. _ Date: '/.5 WITNESS: WITNESS: Printed Name: �, Pri&ada ��' Ni i -WITNESS: WI n,. PrintedName: Printed Name. Approved as to form and legal sufficiency:_ CRA Attorney 00%7714-2 r L)rODoh()BUCentennial EXHIBIT"A" LEGAL DESCRIPTION Lots 3 through 12 inclusive, in Block 1, Lots 1 and 2, in Block 1, LESS all that portion of lots 1 and lying West of the East right-of-way lire for "Se orest Boulevard" s shown on Rod Plat Book , at Page 182 and less a 20 foot return curve area for road right-of-way, PALM BEACH COUNTRY CLUB ESTATES,accordingto the Platthereof,as recorded in Plat Book 11,at Page 43,of the Public Records of Penn Beach County, Florida, and the South Half(S1/2) of the East Half(E1/2) Lot 2 of Subdivision of the West Half( /2) of the Southeast Quarter / ) Of Section 21,Township 45 South, Range 43 East, LESS the South 125 feet thereof; Less parcels conveyed tat e City of Lynton Beach by Official Records Book 852, Page 542 and LESS the right-of-way for "Se crest Boulevard"as shown on Road Plat Book 5, at Page 182, according tO the Plat thereof, s recorded in Plat Book 1, at Page 4, Public Records of Palm Beach County, l ri . 00907724-2 T:Drv\Devl\OBE\Centennial EXHIBIT REVERTER AGREEMENT This REVERTER,AGREEMENT is dated as oft is LLfday ofw 2017, by and between the BOYNTON BEACHCOMMUNITY (the .,SELLE ") and OCEAN BREEZEEAST APARTMENTS, LLC or its affiliated assignee (the "PURCHASER", and together with the SELLER,the "Parties"). RECITALS A. The SELLER has conveyed to the PURCHASER that certain real estate described on Exhibit "A" attached hereto (the "Property") pursuant to a Deedof even to herewith between the SELLER and PURCHASER. B. The PURCHASER has agreed to construct certain Improvements n the Property in accordance with the guidelines and criteria set forth in the Purchase an Development Agreement("Agreement") executed y the Parties, C. The Deed shall provide that if the PURCHASER does not timely construct the Improvements s set forth in this Agreement, then the Property shall revert to the SELLER. NOW THEREFORE, in consideration oft e transfer of the Property o the PURCHASER and other consideration,the receipt and sufficiency of which are acknowledged,the parties agree as follows: . PURCHASER agrees at Its sole cost and expense to complete the construction of the Improvements in accordance with the terms and timeframes set forth in the Agreement. . In the event the Improvements are not timely completed (unless extended pursuant tot the terms of the Agreement), the Property shall revert to and thereafter ec a fee simple real estate owned by the SELLER. ithin 30 days of the written request of the SELLER,the PURCHASER will provide a quit claim deed to the Property In form and substance acceptable tot e SELLER evidencing ter conveyance of the Property. In the event the SELLER exercises Its right o reverter, SELLER shall reimburse PURCHASER the purchase price of the property described herein. 3. During the construction of the Improvements,P C E ill not place any additional liens or encumbrances on the Property except as consented to by the SELLER. in that regard,the SELLER ares not to unreasonably withhold its consent to any construction loan financed with a commercial bank or similar lender intended to fund the construction and development oft e Improvements. In such an event, the SELLER will enter into a Subordination Agreement satisfactory to such lender. Upon completion oft e Improvements satisfactory t 08884542.2 T: vl!®AE\Centet1niW the SELLER,the SELLER agrees to record a release of the reverter rights described herein. 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 by authorized representatives of the parties hereto. WITNESS the following signatures as of the year and date first above written. PURCHASER: SELLER: OCEAN BREEZE EAST,APARTMENTSJLC BOYNTON BEACH COMMUNITY REDEVfLO IT AGrNCY Printed Name: Printed Name:Steven B. Grant Title: Title: Chairman Date: Date: '!7 T:Drv%Dcyh09E1Cvn4cnWa1 t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 OLD BUSINESS AGENDAITEM: 13.C. SUBJECT: Consideration of a Letter of Interest Submitted by Tri-Unity Homes for the CRA Owned Property Located at NE 4th and NE 5th Avenues, a/k/a the Cottage District SUMMARY: On April 17, 2018, the CRA received a Letter of Interest (LOI)from Dr. Corey Collins of Tri-Unity Smart Homes for the acquisition of the CRA owned properties in the Cottage District Project area located within the first block of NE 4th & 5th Avenues and NE 1 st Street (see Attachment I & II). The LOI requests that the CRA owned properties be sold to Tri-Unity for the amount of $5,000/per buildable lot on which he will construct 11-15 single-family, workforce/affordable three (3) bedroom, two (2) bath homes. The energy efficient homes will range in sale prices from $120,000 - $190,000. At the sale of each home, the CRA would receive funding in the amount equal to 6% of the gross sales price of the home (estimated $10,800 per home) and it is estimated that Tri-Unity will complete the project in 36 months. At the April 10, 2018 CRA Board Meeting, the Board directed staff to bring back a draft Request for Proposals and Developer Qualifications (RFP/RFQ)for the Cottage District project site area. The RFP/RFQ will define the CRA's vision and resources available for the redevelopment of the site and allow a more comprehensive and equitable process. Under the current LOI processing policy and in light of the pending RFP/RFQ, staff recommends that the Board rejects the LOI submitted by Tri-Unity Smart Homes and encourage them to consider submission of a proposal under the terms of the approved RFP/RFQ. Last fiscal year, on August 14, 2017, the CRA received a Letter of Interest (LOI)from Dr. Corey Collins of Tri-Unity Smart Homes (Tri-Unity) for the purchase of the Cottage District site properties which was rejected by the CRA Board in anticipation of the Town Square Project and positive effect it would have on future housing redevelopment opportunities. FISCAL IMPACT: To be determined. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Heart of Boynton District CRA BOARD OPTIONS: 1. Reject the Letter of Interest as submitted by Tri-Unity Smart Homes for the property acquisition and proposed housing redevelopment project of the CRA owned parcels known as the Cottage District Project site. 2. Discuss additional options or direction as the Board deems appropriate. ATTACHMENTS: Description D Attachment I -Cottage District Map D Attachment II -April 16, 2018 LOI D Attachment III -August 14, 2017 LOI h i A 4, s x s� Q� i—r u � „ � OO cap i-r (n U 7:5 r R49 Y iRl. NITY SMART HOMES AW m Y { l4 tF °� h r t ss r1�i ur 5,i r i, c y r I4t.'9'ri r, tQ EoCA Ii Y.t 4;hl 1 l' 1`4t�L,L P4,a"A(341"4da«Y .. BOYNTON BEACH COMMUNITY DEVELOPMENT PROPOSAL FOR THE COTTAGE DISTRICT PRESENTED APRIL 16, 2018 BY COREY COLLINS PO BOX 4065 BOYNTON BEACH, FL 33424 MOBILE (850) 212-6739 consultant.pca@gmaii.com iRl- NITY SMART HOMES This purchase proposal comes as a re-structured request for land owned by Boynton Beach Community Redevelopment Agency. The proposal asks for BBCRA to sell BBCRA owned land to Tri-Unity Homes, to build multiple 3-4 bedroom homes in the Cottage District. The energy efficient homes will range from $120,000 - $190,000 with and without garages. Our plan is to develop workforce (affordable) homes, using local workforce, with the homeowner acquiring their home with 5-10% equity at closing, and will include upto 6% seller's concessions. This proposal is for parcels 0843452128001001-0843452128001007 and 0843452129003001-0843452129003003 (which includes addresses 114, 118, 122, 136, 140 and 144 NE 5th Avenue and 511, 515 and 517 NE 1st Street). We are asking for the BBCRA to sell us each parcel for $5000. In addition, at the sale of each home, the BBCRA will receive an additional 6% of the gross sale price. (As example: for a $180,000 home sale, the BBCRA will receive an additional $10,800 for parcel) At the completion of the project, we will see increased home ownership for working families, increased quality of life for families and an increased tax base for the city. The development will include landscapes, decorative lightscapes, and sidewalks. Any additional landscape and decorations outside of the property will be managed and maintained by the city. LAND USE, DENSITY & ZONING The land use classification is High Density Residential. This will allow for 11-15 homes per acre for zones R4 and IPUD. Potential changes to the zoning codes will allow for an increased number of homes per acre, which may change the proposed home size and price. iRl. NITY SMART HOMES HOME ELEVATIONS rip, t ir y " c A ��,�, ��I''f�'I' [ i I�1➢1111 , '�� i61�1 w_ a�n FRONT ELEVATION FRC7NT4EL£VA MN c: v LJ� rr ,BACK ELEVATION ;BACK ELEVATION 41 xr 6EEL SfL1E EiEY 76i11M NO : _ CYAWN "RFP iRl. NITY SMART HOMES HOME PLAN SAMPLES it scz� 'rum a t. J3 �f�i J`S`�11� Gii +it •�� ire < i �'� rk��t.^` _w iRl. NITY SMART HOMES � Vlr�r° �t` '� .'� �� Ott ��. �� a •N' �t 1 �(� "�"� } — 2 ��l, sSyli t t�t}tt� t �s r , iRl. NITY SMART HOMES CONCLUSION Over the past 2-3 years, I have come across many single and married families that are looking for an affordable home for their family within the Boynton Beach area. Unfortunately, they have not been unable to afford a nice home because they couldn't find a home, the prices were too high when they did find a home, they couldn't afford closing cost and other difficulties. In effort to help some of those families, I am asking the BBCRA to partner with us to make some dreams come true. Thank you for your time in reviewing this unsolicited proposal. If accepted and agreed to proceed, barring permit issues and weather, the project will be completed within 36 months. The project marketing will initiate with pre-sale initiatives through city, county and state agencies, first time home owner assistance programs, non-profit organizations, internet and area churches to start. If this proposal interests the board, please contact me for additional information or request. iRl. NITY SMART HOMES BEACH C00AMuNCTN, BOYNTON BEACH COMMUNITY DEVELOPMENT PROPOSAL FOR THE COTTAGE DISTRICT PRESENTED AUGUST 14, 2017 DR. COREY COLLINS PO BOX 4065 BOYNTON BEACH, FL 33424 MOBILE (850) 212-6739 consultant.pca@gmaii.com iRl- NITY SMART HOMES This proposal comes as a request for land owned by Boynton Beach Community Redevelopment Agency. The proposal asks for BBCRA owned land, to build 29- 1 to 3 bedroom homes in the Cottage District. The energy efficient homes will range from $120,000 - $180,00 for 400-1500 square feet, with and without garages (with our cost at —$100/sq.ft). Our plan is to develop workforce (affordable) homes, using local workforce, with the homeowner acquiring their home with a minimum 10% equity at closing. In addition to the homes, with the CRA approval, we will build a Family Education Training Center (FETC) that will be managed by a home owner's association. Within the center, there will be opportunities for high school education and certificate training programs for Medical Billing and Pharmacy Technicians. Lastly, the center will include three areas for lease for entrepreneurial offices, for members of the community. (Leasing revenue will be collected and managed by the home owner's association.) We are asking for the BBCRA to offer us the cleared land, and to complete landscape and lightscapes for the community, that meets BBCRA requirements. At the sale of each home, the title company will distribute 10% of the net sale to the BBCRA for land reimbursement. At the completion of the project, we will erect a community that will provide increased home ownership for working families, educational improvements to augment the economy and an increased quality of life for the families of the community. The development will include landscapes, decorative lightscapes, and required sidewalk areas. Please find the architecture design that will help to enhance the neighborhood's beautification objectives. LAND USE, DENSITY & ZONING The land use classification is High Density Residential. This will allow for 11-15 homes per acre for zones R4 and IPUD. Potential changes to the zoning codes will allow for an increased number of homes per acre, which may change the proposed home sizes and prices; decreasing both. (Smallest potential home is —400sq.ft as IBR/IBA with garage). iRl. NITY SMART HOMES HOME ELEVATIONS Yui CEJ € lxf.,tt 7S yr �' t iii II � i ��@I�i�1�09 ..,.,., �� i itt €fs! itt �'}�tE 'i ' �P� �) •�� _ I�'� �� (i t FRONT F'LVATKIN FMN T€LEWN N - a�p mit � R r.•4 BACK EL£VADON BACK El£wnit7N f^ � r+� � _� �; ._,� ie a5 Fxri ,;, .3_r •„. a , xrai i� ss,, �' �i z i�Zx`a- � 'I�l , tEF'L�aYJE Y,� F RitlifgT cru€ "vdnpN RH onrn.iw*r.r rsay.�,v x iRl. NITY SMART HOMES SITE PLAN d 4 a1 _ ❑ a FLOOR PLAN & HOME EXAMPLES res iRl. NITY SMART HOMES h .................................... a � f t( 1 r v v7 j(f iRl. NITY SMART HOMES s di p} t CONCLUSION Thank you for your time in reviewing this unsolicited proposal. If accepted and agreed to proceed, barring permitting and weather, the projected will be completed within 36 months. (Averaging 1.2 structures/month.) The project marketing will initiate with pre-sale initiatives through local and internet agencies, city and county home development agencies for potential first time home owner assistance programs, non-profit organizations and area churches to start. During pre- construction marketing and buyer commitments, our goal is to meet the buyer at the point of their need, with 1BR homes upto 3 BR homes. If this proposal interests the board, please contact me for additional information or request. t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 OLD BUSINESS AGENDAITEM: 13.D. SUBJECT: Consideration of 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 (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). Per Board direction, CRA is in the process of abandoning the alleys that traverse the site and working with the Community Caring Center of Greater Boynton Beach, Inc. This will help expedite the development process once a proposal is selected. 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 R4 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 63 units could possibly be developed on the site, subject to compliance with all property development regulations of the LDRs. 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 consensus of the Board is to provide flexibility in the attached Request for Proposals and Developer Qualifications (RFP/RFQ) to allow a variety of design and funding options from the proposers (Attachment IV). 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 (See Paragraph G, Commitment to the Project). In addition to the project's tentative timeline, the attached RFP/RFQ contains design parameters, including visual sample of urban design concepts and architectural products, potential CRA incentives, submission requirements, and the evaluation and selection process. All CRAAB and CRA comments have be incorporated into the attached RFP/RFQ to the greatest extent possible and has been reviewed by legal counsel. Staff requests Board direction on the following items: 1. Incentives to be considered by the CRA Board (Paragraph G, Commitment to the Project); 2. The CRAAB's role in the evaluation and selection process (Paragraph J, RFP/RFQ Submission and Evaluation Process); 3. RFP/RFQ Schedule of Events (Paragraph L, Tentative Schedule of Events); and, 4. Limitation on the construction cost per square footage. FISCAL IMPACT: FY 2017-18 Budget, Project Fund, line items 03-58200-406 ($70,000) and 02-58100-203 ($75,000) 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. Approve the issuance of the proposed Request for Proposals/Developer Qualifications for the redevelopment project site known as the Cottage District located between NE 4th and 5th Avenues and Seacrest Boulevard and NE 1 st Street. 2. Do not approve the issuance of the Request for Proposals/Developer Qualifications for the redevelopment project site known as the Cottage District located between NE 4th and 5th Avenues and Seacrest Boulevard and NE 1 st Street. 3. Approve modifications to the proposed Request for Proposals/Developer Qualifications for the redevelopment project site known as the Cottage District located between NE 4th and 5th Avenues and Seacrest Boulevard and NE 1 st Street. 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 - Draft RFP/RFQ for the Cottage District t k � I }> } t �I 1 s,� • „ 1 9, G1 '` v r Ili LD ID Q �f t 0 t O � � •.1 P ,,, +1 1 3 I b 1 t 5 F V ' , t t c aa y I r r .e •. tl a e � rs aw E Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 a 30-minute tutorial how to be a Twitter genius and create an account, how to reach the target audience and so far the tutorials are working well. Mr. Meinzer explained based on where they are in the program, they felt it was necessary to develop the technical side of the program and develop guides and tutorials so the business owners will be ready to learn and handle social media on their own. He reviewed a PowerPoint showing the basic breakdown of all the businesses they work with highlighting where they want to start and where they want to end. They started with a guide for using ad words and learning how to read the analytical reports. This enables the owners to develop more detailed ad word campaigns towards their target audience or their products. A written tutorial for Facebook ads was reviewed. Ms. Donith explained they are working with three new businesses. They are working with Pizzeria That's Amore and when they start to open, they will hold a social media grand opening to create interest. They are also working on Magic in Your Kitchen, which is another incubator kitchen from the Secret Garden Cafe. It is a vegan restaurant and Ms. Donith and Mr. Meinzer helped them with their pop up dinner. The Cooperative Real Estate Alliance is kicking off a free first time homebuyer course and she was helping them publicize the event. The goal was to get businesses going, graduate students and add more business owners to the program. Board Member McCray asked if they were working with Troy's BBQ and learned they were not. Board Member McCray commented he did not get excited about the presentation and he thought something could be done to sell the information better by having music or some other element. Additionally, the screen is small and the Board needs a printout of the presentation. Chair Grant appreciated all they are doing for the success of Boynton Beach. Board Member Romelus agreed with Board Member McCray. She favored seeing the actual results or have live testimonials via videos or appearances in person. Ms. Donith agreed noting that one business owner was present, but had to leave. She pointed out the presentation was just a few of the successes and there are others that really started to soar. Board Member Romelus asked how long a time period was used to determine if the program was successful or not. Ms. Donith explained they never cut anyone off and they are always available to assist, but there is a time the owner's no longer ask them for help. They still cross promote businesses in the CRA. Board Member Romelus noted the program was originally for six months and it was extended another year. There was agreement quarterly reports will be given. F. Consideration of Parameters for an RFP/RFQ for the CRA Owned Property Located at NE 4th and NE 5th Avenues, a/k/a the Cottage District Thuy Shutt, Assistant CRA Director, presented the item explaining the subject property is a 4.24-acre parcel known as the Cottage District which is adjacent to the Community Caring Center. The property permits 10 dwelling units (dus) per acre in the Heart of 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 Boynton (HOB). The property was land banked in order to construct single-family residences. The Board requested staff bring back alternatives, designs and parameters, before issuing an RFP while staff discussed relocating the Community Caring Center site. The RFP could include more innovative, and higher density in the area. The zoning allows up to 11 dus per acre, but the parcel could only accommodate 30 single-family units to be compatible with adjacent properties. The roads, buffers, drainage and utilities use a lot more land. Other areas of the country tried having several amenities on site in a common area, such as open green space or shared driveways to minimize impervious areas. The meeting materials contained examples of the designs used. Staff also had discussions with developers through the year. Many of the options are available, but the market demand requires developers to explore them. The public does not have quality urban design products because there is no demand. The issue is try to ensure the RFP's products are vetted through staff, so they can go through the process easily because the cost of the units has to do with speed of the process, known factors, the cost of the land and hard construction costs. The staff report indicates the developer has to consider items in the budget including design, design fees, infrastructure and utilities fees, sales and marketing, the absorption rate and the overhead and profit. Most of these projects require gap funding and most families cannot afford market rate homes. Only eight percent or higher than the average medium income families could obtain their own financing options, but most traditional families could not. In order for the CRA make homes more affordable to families, the CRA would have to assist with the land cost, development costs, entitlement costs, or subsidies to family members. The second page of the staff report had options for the Board to consider as contained in the meeting materials. The Board could assist in the cost per unit of single-family, detached homes with fee simple lots, varying from 35 feet to 60 feet wide, and 90 to 100 feet long. Another option for single-family or detached homes was cluster housing with shared driveways. Option three was multi-family attached homes with parking. Option four was multi-family attached homes with common parking, as live-work townhomes; however, three story homes are difficult for most families due to the stairs. The Board could assist with the per unit cost of the infrastructure, consider a lower offering price, or consider limiting hard construction costs to $100 to $105 per square foot. Boynton Beach has a good green building initiatives and it was recommended the developer adhere to, or meet or exceed the City's green building standards. Staff reviewed options for high- density housing such as micro or container housing and they are not apparent in the region because they are usually used for student, transitional or temporary housing. Staff did not think the site would be suitable for the latter type of housing because the homes would be 500 square feet, which is comparable to a hotel room. Families with small children will need more space as they grow. David Katz, 67 Midwood Lane, understood the land was 4.24 buildable acres. He asked if it was less than the land for the Oyer property, the Community Caring Center and the two homes that are occupied and learned it was just the GRA-owned property. He thought 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 the entire block was 5.5 acres. He disagreed multi-family townhomes would be compatible with the Oyer historic home, and he suggested the Board do the same thing as Ocean Breeze West. The CRA should buy the two current properties; one is owner occupied and the other was not, and the CRA should replat the lots and give them to Habitat for Humanity or a CDC to build single-family homes that look like cottages. They would give the property away. He thought the CRA should sell the small sliver of land to the Oyers as the way it is presently platted, the adjacent property is a few feet away from the property line. Susan Oyer, 140 SE 27th Way, as co-owner of 500 Ocean Properties LLC and 417 Ocean Properties LLC, based out of 511 E. Ocean Avenue explained she did not receive a response to her letter to the CRA or the City about the disposition of the property. She was asking the City for part of the easement. She assumed adjacent property owner Blanche Hearst-Girtman would want the other half. She also had asked about buying or obtaining the other buffer properties as it appears the driveway is one to two feet off the property line, which was why she requested getting more land. She asked about the status, the letter was sent over a month ago. She was worried they would go forward with the development without addressing her request. Mark Karageorge, 240A Main Blvd, commended Ms. Shutt for the analysis. In the past, RFPs were issued that did not receive any responses because they were written for single-family homes. He noted a development could still occur. It could be built by Habitat for Humanity or the CDC. Ms. Shutt was also familiar with Westgate. When Mr. Karageorge obtained his certification as a Community Real Estate Development Professional, he studied the Cottage District. It was discussed there was a need for a subsidy if doing single-family homes. The cost must be offset somehow either through the land value, construction costs or allowing the end user to receive a discount on the pricing. It is hard for the developer to construct affordable single-family homes in this market. He emphasized he was discussing affordable housing and not workforce housing. He thought the Board should allow flexibility because if the RFP is written too rigidly, no one would respond. With the options Ms. Shutt presented, the CRA will receive different responses. No one else coming forward, public comments was closed. Board Member McCray asked about the Oyer request. Mr. Simon explained he, City Manager Lori LaVerriere, Public Works and Engineer Jeff Livergood and Gary Dunmeyer, City Engineer, have been discussing how to handle the request. Mr. Simon spoke with Ms. Oyer after the last meeting advising they were not doing anything right away with the property, and any type of analysis or response would occur over the next several months. Typically, CRAs do not dispose of properties that it owns for the sake of disposing property. There are statutory guidelines regarding owning and redistributing property: not as an enrichment to an individual. Staff would consider the activities of the adjacent property owners for the project and would require setbacks and buffering, and these factors would be taken into account as the project is being advertised and the responses 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 being evaluated. The disposal or selling or giving the property may not be required. He suggested the Board address the buffering requirements as opposed to the disposing of the property to the benefit of another property that would not be included in the CRA's affordable housing effort. Board direction is helpful so when they write the RFP, they can hone in on what the Board would like to see. Motion Board Member McCray thought there was too much occurring and wanted to table the matter until Board Member Casello was present. He noted they already have large projects the Board was subsidizing and the Board cannot keep going to the well. Chair Grant noted there are currently Land Development Regulation's (LDRs) in place and staff could conduct an analysis based on the LDRs what is outside of the building's area so there should not be a worry if they need a variance to build more than 10 to 15 feet closer to the current structure on the property line. Chair Grant spoke to Mr. Simon and Ms. Shutt about the vacant property owned by the Palm Beach County Housing Authority. He asked if the Board was interested in sending them a letter of intent as the property next to the Carolyn Sims Center could be included in the Cottage District. He wanted to include their land in the RFP and work together for affordable homes. The Housing Authority has access to HUD funds and others to make the project affordable.. Board Member McCray liked the concept of expansion, but advised he does not want another project in Cherry Hill. He wanted only single-family homes constructed on property owned by the Palm Beach County Housing Authority. Board Member Romelus thought there was no need to rush the process and let the market dictate interest. She also favored moving on the Housing Authority property. Vice Chair Katz was in favor of approaching the Palm Beach County Housing Authority, but did not know if bundling random properties that are not part of this particular potential project was the best way to approach the matter. He supported obtaining all of their property because the Housing Authority was not doing anything with the land. Board Member Romelus seconded the motion to table the item. The motion unanimously passed. There was consensus to table the item for six months. G. Consideration of Naming Options, Rental Rates, and Schedule for Critical Repairs for the CRA-Owned Property Located at 1010 S. Federal Highway, formerly known as the Boynton Woman's Club Chair Grant explained the Board received three name options: The Major Nathan S. Boynton Center Building; The Historic Woman's Club of Boynton Beach; and The Addison of Boynton Beach. 16 i t� i t, l Heartof Boynton i D a rict Introduction Planning Challenges Planning Considerations ij The Vision su C. Stanley Weaver(C-Canal) canal to the north, 1-95 to the west, N.E. 3rd Avenue to the south and the The Heart of Boynton District is a 380-acre FEC rail line to the east. The area is within walking neighborhood developed predominantly with distance of the Cultural and Downtown Districts. single-family homes. The neighborhood has several parks, two public schools and numerous A major arterial road—Seacrest Boulevard—runs churches. Unfortunately, it has been the victim through the neighborhood north/south. Martin Luther of disinvestment over the last 50 years. The two King, Jr. Boulevard, once lined with locally-owned Census blocks of Tract 61 which encompasses businesses, runs east/west. this District have the median household income of$20,848, the lowest in the City. There are two public elementary schools in the neighborhood, Poinciana and Galaxy. Both schools To counter the decline of the neighborhood,in 2001 are STEM schools(Science,Technology, Engineering the CRA and City adopted the Heart of Boynton and Math). Community Redevelopment Plan. The Plan was updated in 2014 to reflect the achievements of the There are a number of parks and special use areas original plan and add new projects to reflect the within the neighborhood, such as, Carolyn Sims current market conditions. Community Center, Galaxy Park and Scrub and Sara Sims Park. A number of recommendations of the original +. CRA Plan have been implemented, including: The demolition of the Cherry Hill public housing project • The redevelopment of the Boynton Terrace site–Ocean Breeze West– into 21 single- family homes • Redevelopment of Wilson Park and into Carolyn Sims Community Center • Expansion of the Palmetto Greens Park • Redevelopment of Sara Sims Park – Master Plan created, property acquired • Streetscape Improvements on Seacrest Boulevard • Redevelopment of Martin Luther King, Jr. Boulevard – Property acquired and Family Dollar developed • Development of new housing – 60 new single family homes developed In partnership with nonprofits, the City and CRA. The Heart of Boynton District is bounded by the E r fi=t _ I�'• � � ))ii W �. �� , P ■ t // °sem .w,o- R !�"�'�` � •� k� - - ��, r.-- $.�+s'v...Mf�n� w+d`rrF `k` � arc v t�Y �l Figure 7: Heart of Boynton District Location Map The Heart of Boynton area suffers from an aging the neighborhood; clearly, the road is not presently and poorly maintained housing stock. The CRA designed at a neighborhood scale. and City, in partnership with local non-profits, continue to develop single-family homes, but Both Seacrest Boulevard and Martin Luther King, Jr. there is a need for quality affordable multi-family Boulevard have older, ill-maintained power poles with rental housing. The problem is that—given low overhead utilities, causing a "visual blight." median household incomes—it cost more to build even modest apartments than many of the families can afford. This gap will has to be filled ,f t gv,G through some form of a subsidy. uOO t Another major deterrent to private investment is the visible blight and crime. There are still �� `�� a number of small convenience stores that wr allow loitering and illegal activities for all to see, discouraging people to buy homes or invest in businesses within the area. The District is comprised of small parcels platted in the 1920's — 1930's, during Florida's land Figure 58:Example oft i s t 6 Planning Challenges boom. The parcels are owned by many different people making assembly of a developable site very difficult and expensive. Moreover, many owners have an unrealistic sense of the value of their property. Over the years, the neighborhood has lost most of their retailers and service providers. There is no full service grocery store and only one take- out restaurant. The majority of commercial use is represented by convenience stores. A new Family Dollar store at the corner of Martin Luther King,Jr. Boulevard and Seacrest Boulevard has been a welcome addition, but there is a need for more retail services. The neighborhood is bifurcated by a four- lane Seacrest Boulevard, which has only one signalized pedestrian crossing even though there are two elementary schools in the neighborhood. The width of the road and drive aisles encourage speeding through I Several factors were considered in determining the Historic District. There are a significant number of land use designations for the Heart of Boynton District. historic cottages located along both sides of NE A future commuter rail station for the planned Tri- 3rd Avenue and the south side of NE 4th Avenue Rail Coastal Link service, which will serve the South between N. Seacrest Boulevard and NE 1st Street. Florida metropolitan region, is planned for downtown at In order to protect these cottages while allowing N.E. 4th between Ocean Avenue and Boynton Beach commercial redevelopment of the south side of NE Boulevard. To improve land development patterns 3rd Avenue, the Plan recommends that: in advance of station development, the City adopted a Downtown Transit Oriented Development District . The historic cottages from the south side of (DTOD), covering a %Z mile radius around the station's NE 3rd Avenue be relocated to the vacant location,including a portion of the Heart of Boynton.The lots on the north side of NE 3rd Avenue. DTOD district regulations support increased intensity of development through a 25% density bonus. . On completion of the relocations, a historic district, tentatively called Shepard Funk A second consideration is the Transportation Addition Historic Cottage District, be created Concurrency Exception Area (TCEA)which, in addition within the block enclosed by N. Seacrest s; to the residential exception area applicable east of 1-95, Boulevard, NE 1st Street, NE 3rd Avenue, exempts all development from the Palm Beach County and NE 4th Avenue. traffic concurrency requirements thus allowing denser development. The Plan recommends increasing density within the area where the TCEA and TOD designations overlap. However, because this District is a low- scale neighborhood, no increase in height over 45' is recommended. s r{ryr(r ri�rtil S rU mfr t" '° t7 ( f s I r Figure g: Historically significant cottages in the HOB vislont The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks. Streetscape enhancements are recommended for the Seacrest Blvd and Martin Luther King Jr. Blvd. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Implement a Complete Streets program for Seacrest Boulevard and ML K Jr. Boulevard to accommodate bike lanes and bike racks, widening of sidewalks, decorative street lights, street furniture, and on-street parking. • Marking of major intersections with materials such as pavers, paint, etc. • Enhanced median landscaping i • Bus shelters (will be required as part of new construction) • Additional signalized pedestrian crossings(including mid-block)along Seacrest BoulevardAddition of canopy street trees • Creation of a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Minimum 8'wide clear sidewalk • Decorative light poles at both the vehicular and pedestrian scales Require installation of canopy trees that provide immediate shading at time of construction • Undergrounding of overhead utilities • Creation of a greenway to connect the greenway proposed along NW 1 st Avenue, Sara Sims Park, and Wilson Park per the Connectivity Plan • Creation of an eco-trail to connect the existing scrub and linear parks per the Connectivity Plan 7,3 I I r f i ,._.p,a ■ ' . ,``s . � Figure 60 Seacrest Blvd Streetscape Area �FtgureL. I etscape rea 45'Max. RES. NAM 24WM RES. t RES. � � `� RES. 5'-0" 10'•0' S'•0` S'•o' 8"•0' iY•U' Figure 62: MLK JR. Blvd.Street Section Recomrnendatloirwis: Land Use The existing land use designations within the Heart of Boynton District are: i • Low Density Residential —5 units per acre (all of this land use designation is concentrated on the west side of Seacrest Boulevard. • Medium Density Residential — 10 units per acre (this land use designation is concentrated on the east side of Seacrest Boulevard) • High Density Residential— 11 units per acre (currently over the Ocean Breeze West development and along W. Seacrest from N.W. 8th to N.W. 9th) • Mixed-Use — 40 units per acre (this land use designation is placed on the CRA-owned Ocean Breeze East block and on CRA-owned property along MLK, Jr. Boulevard) • Local Retail Commercial, General Commercial, Industrial, Recreational, and Public & Private Governmental/Institutional Below is a table of the proposed land use and zoning designations that will apply within the Federal Highway Corridor District: Table 7: Recommended Future Land Use(FLU)Classifications within the Heart of Boynton District DENSITY MAX D USE DENSITY CORRESPONDINGl C HEIGHT Mixed-Use 50 MU-2,M U- 75' - Medium Mix Use Low 20 MU-1 20 49 High Density Residential 1 4, I t! 15 5' MediumDensity Residential 11 , t U 11 45' Low Density 7.5 -1® -1- -1- -1- -1, Residential U 7.5 45° Local Retail n'a -2, - CD rnercial nIa General n/a C-4- Commercial nla 45' Industrial nla 1-1 nla 4& PPGI n/a Public Usage n/a 45 Recreation tela Recreation nla 45' Properties located within the TOD may recieve a 25%®density bonus ix Figure 63: Recommended Land Use for the Heart of Boynton District 1UTT, 11-1 r } � q � a .... e s t Ll u k r -t, I 11 al � ppE N 49j It t � aY ._ ri 7 " Wj S q ` . kr,_ 'y �I.r LEGEND �I��q��terreetional(R) - Intlusfeei(I) 'Low Density Resldenfi®I(LDR)5 dulac ;Medium Density Residentiel(MDR)99 dulec High Density Resldendel(HDR)h5 du/ed petrel Hio Density Residential(SHDRf 20dWac -,I-thuebwel(PPGI) MLMI Retell Commemiel(LRC) Genual Comm—W(GC) ` Mbwd Use Low(MUL)20 dulac M6m0 Use Medium(MUM)50 dufac Use High(MUH)80 dWec (..�� Y®D '.. 1:1 Recommetidafiorts_ Urban Desi • There are three architectural styles of historic structures in the Heart of Boynton: Mission, Frame Vernacular, and Mediterranean Revival. When building in this District, new development shall attempt to utilize one of these architectural styles. • A Historic Cottage District should be considered adjacent to the proposed Cottage District; where feasible, historically contributing cottages in the area shall be relocated in the Historic Cottage District. • Commercial buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall maximize the amount of glazing. • Residential buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall be designed to have pedestrian access from the main road and have front door facing the main road. • All buildings along MLK Jr., Boulevard and/or Seacrest Boulevard shall be set back to allow for a pedestrian zone. • Approximately 75%of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting MLK Jr., Boulevard shall be a maximum of two story and stepped back to continue to the maximum allowed height in the designated Zoning District. Parking shall be located to the rear or side of the buildings • Curb cuts shall be permitted on Boynton Beach Blvd only when access is not possible from the rear or side. When adjacent to commercial uses, single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. Figure 64: Heart of Boynton Projects u MLK Commercial to roily °. Adel Block - c � r i'��4Y... V l Sara Sims Park— Ocean a.Ocean Breeze East Cottage District— ProposedHistoric,. Cottage st t i14, Sara Sims Park Expansion Working with residents ofthe community,the CRAand its consultant created a master plan for the expansion t and improvement of Sara Sims Park. The CRA has R also purchased seven properties and deeded them to the City in preparation for the eventual expansion of 4 the park. Staff will review the feasibility of converting N a portion of Sara Sims Park Master Plan, along the � u , western boundary, from Recreational Land Use to Single Family. This process shall include a public meeting,the Parks and Recreation Board review and ' ��h`�, ��z5, } recommendation, and Clty Commision approval. Figure 65: Sara Sims Expansion Ocean Breeze East �s r ��,� '�t�� {tt St i� The CRA owns 4.5 acres of vacant land east of t ` Seacrest Boulevard between N.E. 6th and 7th t Avenues. The CRA is seeking a private developments partner to build a multi-family project on the site. Lei �,. � � i, Cottage District The CRA owns approximately 5 acres on the block Figure 66: Ocean Breeze East (' between N.E. 4th and 5th Avenue. The CRNs goal for this site is to attract a private development partner to build single-family for-sale homes in the style of the surrounding historic cottages. A MLK Commercial ` � t Leveraging CRA-owned land and economic ' development grants, the CRA was able to bring z„ „. a Family Dollar store to the Martin Luther King, . . Jr. Boulevard corridor in 2015. The CRA owns _ { additional land on the corridor and continues to Figure 67: Cottage District work with developers to attract new and needed neighborhood retail. MLK Multi Family Utilizing CRA-owned land, the CRA is seeking to attract a private development partner to build a multi- family development along the Martin Luther King, Jr. Boulevard corridor. The development may include commercial uses. i i ' �flt ftp r - ' � Y-k r.41t'.tory r �+ r ti it� 1j - � , r1� r �Y � r t L, rn � qtr r i r 1�S i .i1.wS��3�1r 4'� �`r �>'��At' is�'4t,�e '• - � =t� �4� � � (�} S� _ r r `: �t>s•, 5 k, "��rF - r ,2' i� i - t t �, n£��1 �f r�}' �tRY�r �i ��£A� 1 �tl� �(£ A k Figure 68: Example of a Commercial Project on MLK Jr. Blvd. 116 l t � �rtll � � 11 s x U1�'glutu i ,i — a1ks�! � art l nU r�'S�l�tlit r1S{l i��l X3�1 i�i'{ 3fy�S li4 S7 i�s�i fi�lititlt�bbit I f �, 1t1IV i y1` �' 4t s 11ti�s��t�ttli�+�tihll"�'t1 i E x., lt. Y r i I,II h; Figure 69: Example of Multi Family Project on MLK Jr. Blvd. !17 ""'BEACH 11CRA The Boynton Beach Community Request for Proposals and Developer Qualifications Cottage District i Location: Between N.E. 4 th Avenue and N.E. 5 th Avenue and Seacrest Blvd. and N.E. Vt Street Boynton Beach, Florida Issue Date: May 14, 2018 Submittal r . r Vfl"W'0, - :�d•: ��CS ,sir - t tk r - � f ? t I I"� Pr 00980203-1 Page 1 of 37 The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing a Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment project site listed below and will accept sealed proposals at its office located at 710 N. Federal Highway, Boynton Beach, FL 33435 ON OR BEFORE July 17, 2018, no later than 2:00 p.m. Eastern Standard Time. Developer proposals received after to the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. All proposals will be date and time stamped by the BBCRA. The time stamp or clock at the BBCRA's Reception Area is the time of record. Faxed or emailed Proposals will not be accepted. The RFP/RFQ documents and related attachments must be obtained from the BBCRA office or website at www.catchboynton.com. The Boynton Beach i Redevelopment Agency Request for Proposals and DeveloperQualifications Heart of Boynton Cottage District Issue ate: May 14, Submittal i , no later to . A. Community and Economic Setting The City of Boynton Beach (City), with a population of 71,000, is the third largest city in Palm Beach County, Florida. It is located approximately 45 miles north of Miami and 15 miles south of West Palm Beach. This puts it in the heart of southeast Florida's rapidly growing tri-county Miami- Dade/Broward/Palm Beach Metropolitan area. Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 (I-95) and the Florida Turnpike. It also has a market of more than 6 million people within a two-hour radius and ready access to three international airports,two major rail lines, as well as the Tri-Rail regional commuter rail system. The Heart of Boynton District is bounded to by I-95the west, Federal Highway to the east, the Boynton Beach Canal (C-16) to the north and Boynton Beach Boulevard to the south. Seacrest Boulevard runs north-south through the center of the community. Over the past ten years there has been approximately $28M of public investment into the Heart of Boynton community in property acquisition, construction of new homes and rehabilitation of existing homes. Some of the projects are: • The City completed the redevelopment of the Carolyn Sims Park for a total of$10M. The park is located at NW 121'Avenue and is the center of neighborhood activities. • The City is also invested $1.5M of federal stimulus dollars into the Seacrest Avenue corridor from Boynton Beach Boulevard north to the C-16 canal to create an attractive streetscape with new lighting, landscaped medians, and public art. • The City and BBCRA are currently partnering on developing a block of new single-family homes at NW 10th Avenue and Seacrest. The project includes upgraded streetscapes and utilities. Construction is anticipated to commence in June 2018. 00980203-1 Page 2 of 37 • In 2015, the BBCRA partnered with Boos Development Group to create the first new retail development in the neighborhood in over 45 years. The Family Dollar opened in 2016 at the SE corner of Seacrest Blvd. and Martin Luther King, Jr. Blvd., giving residents the opportunity to shop for brand name products at a reasonable price. The BBCRA has also been assembling properties along the Boulevard and will be looking to release an RFP for the redevelopment of the corridor by Summer of 2018. • The BBCRA, in partnership with Centennial Management Corporation, will be redeveloping a 4.3 acre site between Seacrest Boulevard and NE 1 St Street and between,NE 6th and 7I'Avenues. The $26 million dollar project will consist of 123 multi-family affordable 1-3 bedroom rental units with residential and site amenities, including a small flex and community space. • The BBCRA has been assembling land to enlarge and improve Sara Sims Park at the SW corner of Martin Luther King, Jr. Blvd. and Seacrest. A master plan has been developed and several blighted structures have been removed. The project is currently under the design phase of the project and construction is anticipated to commence in early 2019. B. Property Disposal and Project Description The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing a Request for Proposals and Developer Qualifications (RFP/RFQ) and for the redevelopment of a BBCRA-owned property identified and referred to as the Heart of Boynton Cottage District Project Site. The BBCRA owns approximately 4.2 acres of vacant property within the Heart of Boynton Cottage District Project Site located between N.E. 4th and N.E. Sth Avenue and Seacrest and N.E. 1St Street, Boynton Beach, Florida. The Heart of Boynton Cottage District Project Site lies within the BBCRA District boundaries and is identified in 2016 Boynton Beach Community Redevelopment Plan (Redevelopment Plan) as a priority residential or mixed use redevelopment site. The proposed redevelopment of this site (the "project") shall be consistent with the project recommendations made within the Redevelopment Plan. The Redevelopment Plan's goals are to leverage this publicly owned real estate asset to support the overall redevelopment of the Heart of Boynton community and surrounding area, to increase home ownership opportunities for low and moderate income household (80-120% AMI, http://discover.12bc ov.org/Dzb/121annin PDF Projects Housing/2017W PIncomeRan e�s.pdf #search=pbc%20ami) and to provide quality public enhancements that improve the economic, cultural and aesthetic quality of life for residents of the community. Development proposals should include traditional residential amenities, as well as enhance or improve existing community assets. Overriding goals for the future project include quality design through the use of urban design principles, and the use of alternative energy sources where possible. Proposals shall incorporate a publicly accessed neighborhood pocket park to be located along the eastern portion of the site. Firms or entities responding to this RFP/RFQ(Proposers) are encouraged to exercise creativity in defining a concept that satisfies the vision of the 2016 BBCRA Redevelopment Plan, applicable zoning or entitlements, and sound real estate development practices. 00980203-1 Page 3 of 37 C. Land Use Regulations The BBCRA has completed a self-initiated Land Use and Zoning change creating the current approved Land Use designation for the property as High Density Residential (HDR) with a corresponding Zoning designation of Multi-family Residential District (R-4) or Infill Planned Unit Development District (IPUD) which may support a maximum density of 15 units/acre and maximum 45' feet in height. In addition, since the property is located within the Downtown Transit Oriented Development (DTOD) boundaries, a density bonus of twenty-five percent (25%) can be applied to the project bring the maximum allowed density to 18 units/acre. All proposals shall be subject to the City of Boynton Beach approval process. D. Survey and Appraisal The CRA will provide the most recent surveys and appraisals for the identified properties. An appraisal of the subject properties was completed in July 2016 and is available in electronic form upon written request to the BBCRA. Proposers should not rely solely on the information in the appraisals when compiling a proposal. The appraised value should be considered with all offers and requests for BBCRA incentives. E. Palm Beach County Impact Fees Development of the property will be subject to Palm Beach County Impact Fees. Please contact Impact Fee Coordinator for PBC, Willie Swoope at (561) 233-5025, wswoope@pbc ov.org, for specific information regarding impact fees applicable to the proposed development, or go to hUp://discover..pbc ov.or /pzb/administration Pages pact-Fees.as.px to download relevant information. F. Architectural and Design Considerations The project should include quality architectural design and site development standards that enhance the area and adjacent neighborhoods. Proposers should rely on the Redevelopment Plan and the Urban Design Guidelines (available at hUp://catchboynton.com/imag_es/downloads/Design Guidelines.pdf) for design guidance. Proposals will be evaluated on their adherence and incorporation of architectural and design elements presented in the Redevelopment Plan listed above and the design criteria of Attachments "I," Design Criteria,through "K." G. Commitment to the Project The BBCRA encourages and incentivizes private sector development and civic improvements undertaken within its designated redevelopment boundary area. Under Chapter 163, Florida Statutes,the creation of the BBCRA and implementation of the Redevelopment Plan allows the tax increment revenue generated within the BBCRA District to be used for a variety of activities associated with the redevelopment of the BBCRA district, including the Heart of Boynton 00980203-1 Page 4 of 37 community. The BBCRA is committed to meeting the goals and objectives of the various planning areas with both policies and funding. The BBCRA has identified the flowing list of incentives available under this RFP/RFQ: • Any offers to lease or acquire the property for less than the appraised value must indicate the value of other items of a public benefit,such as creation of jobs,parking and open space, provision of affordable housing, etc., and must state the specific benefits that the proposed project would bring to the surrounding area. Pursuant to Section 163.380(2), Florida Statutes, offers for the acquisition of the properties for less than fair value shall require approval by the Boynton Beach City Commission. • The CRA Board may approve incentives to enhance home ownership opportunities,such as but not limited to, second mortgage subsidies, and/or assistance with County and State grant or funding applications. • The CRA Board may also provide assistance with infrastructure improvements. • Support and assistance with obtaining Palm Beach County Impact Fee credits, City of Boynton Beach Utility Cap fees or any other applicable fee credits or waivers that do not involve additional BBCRA funding. • To the best of its ability, the BBCRA will be cooperative partners in pursuing any permits or approvals that may be required to expedite the selected development plan. H. Proposal Requirements for the Project Site Plan All development proposals or qualifications (Proposals) must include the following: 1. Street lights installed along the entire perimeter of the project that are complimentary to those existing along the east side of N. Seacrest Boulevard adjacent to the project site. 2. On-street parking spaces where feasible. 3. Minimum of 6-foot wide sidewalks along the entire perimeter of the project. 4. Street and site trees that exceed the size and caliper requirement of the City's Land Development Regulations to be installed along the entire perimeter of the project. S. Open space area calculation that exceeds the requirement of the City's Land Development Regulations and enhanced resident amenities incorporated within the proposed project boundaries. 6. Minimum 0.20 acre neighborhood pocket park with landscape, hardscape and accent lighting features designed into the project's site plan located at the east portion of the site along NE 1St Street. I. Proposal Submission Requirements All of the following documents must be submitted or the Proposal will be considered incomplete and may be rejected: 1. Provide a written general statement of the qualifications of the Proposer, including examples of experience with similar projects, as well as background information on the principals. If the 00980203-1 Page 5 of 37 selected developer is a public corporation, provide copies of its annual report or SEC filings as appropriate. 2. Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. 3. Provide a copy of the commercial lease agreement, if any, or proof of property ownership at the location the Proposer is currently licensed to do business. If the Proposal is submitted by more than one entity, each entity much provide the requested information separately. 4. Provide a list of personnel that will be part of the proposed project's development or management team, along with their professional qualifications and a list of similar projects on which they have actively participated. Provide no less than three and no more than ten projects for this item. S. Provide a written list of similar projects developed by the Proposer that were completed within the last five years, including photographs, addresses, date the projects were completed, and general project description. Provide no less than three and no more than ten projects for this item. If the Proposal is submitted by more than one entity, each entity must provide the information requested separately. 6. Provide a detailed description of the proposed project, with text and graphics. This should include but not limited to a schematic site layout plan; proposed density, intensity, and height; parking locations;typical floor plans; and elevations, as well as the items listed in Paragraph F, "Architectural and Design Considerations," and Paragraph H, "Proposal Requirements for Project Site Plan," of this RFP/RFQ document. 7. Provide a breakdown of the proposed total number of housing units and housing unit types (attached or detached), including number of bedrooms and bathrooms, and square footage for each unit type. Describe if the proposed project will be for sale units. Please estimate the number of units and type of units that will meet HUD's definition of "affordable" housing categories, if any. 8. Provide both a development and operating pro forma. The development pro forma shall include and clearly identify the cost of land acquisition from the BBCRA along with any proposed funding assistance being requested of the BBCRA, if any. 9. If the project is proposed to use other project based subsidies, Proposer must demonstrate extensive experience with obtaining such project-based subsidies for affordable housing by listing projects and the amount and type of subsidy utilized. 10. A program description of how the Developer will make attempts to utilize local residents, qualified contractors, and sub-contractors in the development, construction, operation and management of the proposed project. Documentation of this effort will be required for program monitoring. At minimum, the hiring and training program may include, but are not limited to, the following: a. Advertising the employment positions and training; b. Sponsoring (scheduling, advertising, financing, or providing in-kind services for) a job informational meeting; c. Arranging assistance and conducting job interviews; 00980203-1 Page 6 of 37 d. Participation from agencies specializing in workforce development and training A signed written statement committing to the use of the described program if selected must accompany the program description. 11.A signed written statement of intent to purchase the project property indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection if selected. Any Purchase and Development Agreement ("Agreement") will contain performance based criteria and milestone timelines for items such as, securing debt funding, formal site plan application, commencement of construction, limitations on transferability or assignability of the Agreement without prior approval from the BBCRA, termination provisions for failure to meet the criteria listed and other provisions to adequately define the rights, duties and obligations of the parties. The Agreement may also contain a reverter clause. 12. Authorization to Perform Credit Check for each Proposer entity. The Authorization must be executed by the appropriate officer of Proposer entity. See Attachments "E" and "F," Authorization forms. 13. Proof of financial capability to complete the proposed project. Financial capability may be demonstrated by submitting a current (audited, if available) financial statement of the proposing entity which includes a balance sheet, a three-year statement of past income, and a projected one-year income statement for the current fiscal year for the Proposer (and its parent entity if it is a subsidiary). If the proposing entity is to be created specifically for the intended project or if the proposing entity is less than three years old, then each partner or stockholder must submit its own financial statement as described above. Tax returns may be substituted for financial statements. Information regarding any legal or administrative actions, past or pending, that might impact the capacity of the proposer (or its principals or affiliates) to complete the project must be disclosed. Disclosure of any bankruptcies by any of the above or related entities during the past ten years must be made with the RFP/RFQ. Financial information should be submitted in a separate, sealed envelope or package and marked `confidential.' Financial information will be accepted only from the proposing entity. 14.The Proposer must submit a Marketing Plan which will indicate how the units will be sold, strategies of outreach to the end users and community, proposed recommended sale price ranges that are supported by the finance plan and proforma, and the project's proposed absorption rate. 15.An acknowledgement letter attesting that the Proposer has read and understands all procedures of this RFP/RFQ (see Attachment"D"). 16.A promotional PowerPoint presentation of the Proposal, consisting of 10 to 15 slides. 17.A list of all civil and criminal legal actions in which each Proposer entity (and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four (4) years, providing the case number, case description, the state of jurisdiction, and disposition of each case. Proposer(s) may include any additional relevant information. 18. All other requirements contained in this RFP/RFQ including all attachments that request a response or information from the Proposer. 00980203-1 Page 7 of 37 J. RFP f RFQ Submission Evaluation &Selection Process The BBCRA Board and staff will review each Proposal and make a determination as to whether each Proposal meets the minimum requirements contained in this RFP/RFQ document. In addition to meeting the minimum requirements of the RFP/RFQ,the BBCRA Board and staff will evaluate each Proposal based on the information provided and on the following criteria: • Experience in completing comparable development projects within markets similar to the project area. • Experience in development of affordable and/or market rate single or multi-family fee simple developments. • Project's adherence to the goals and objectives of the RFP/RFQ and referenced BBCRA planning documents, adherence to items listed in Paragraph F, "Architectural and Design Considerations,"and Paragraph H, "Proposal Requirements for Project Site Plan," resident amenities, and public benefits. • Proposed financial terms, purchase price, development and operating pro forma. • Proposed plan or program to use local contractors, sub-contractors and residents in the project. In addition to a presentation to the BBCRA Board, the Proposers may be asked to present their Proposals before the BBCRA Advisory Board at their regular meeting. The BBCRA Advisory Board acts as a recommendation body to the BBCRA Board. The three highest ranking proposers will also present their PowerPoint slide presentation before the Board of the BBCRA at their regularly scheduled meeting in the City Commission Chambers at City Hall located at 100 E. Boynton Beach Boulevard. At the conclusion of the public presentations, the BBCRA Board may select a successful Proposer and authorize negotiation of a Purchase and Development Agreement for the land and project completion. Any resulting agreement must be in a form approved of by the BBCRA Board and BBCRA Board Attorney. In the event the terms and conditions of an agreement cannot be mutually agreed upon within ninety (90) days of the Board's selection of the Proposer, either party shall have the right to terminate the negotiations. Once the BBCRA formally issues an offer of agreement, if the successful Proposer fails to return an executed agreement within 30 days of receipt,the CRA may terminate negotiations or withdraw its offer of agreement. Upon termination of negotiations or withdrawal of an offer of agreement, the BBCRA shall have the right to commence negotiations with another Proposer, issue a new RFP/RFQ for the development site, elect not terminate the project, or take any other action with no further obligation to the Proposer. It is expected that there will be no communication with parties other than those specifically noted herein and such communication will be for clarification regarding procedures and objectives specified within the RFP/RFQ document. The BBCRA prohibits communication to or with any BBCRA Board Member, Advisory Board Member, officer, or employee during the submission process. Communication with any parties for any purposes other than those expressly described herein may cause an individual or firm to be disqualified immediately from participating in the development proposal or selection process. All questions or inquiries should be directed via email to Michael Simon, BBCRA Executive Director at simonm@bbfl.us. It will be necessary for responding parties to comply fully with the general terms and conditions outlined in this document if they are to be considered. 00980203-1 Page 8 of 37 K. Anticipated Schedule and Sequence of Events The BBCRA has established a tentative schedule for proposal submission and selection of the successful Proposer(s). The BBCRA however, reserves the right to amend milestone dates. L. Tentative Schedule of Events Issue Date: May 14, 2018 Request for Information Deadline: July 6, 2018, 10:00 a.m., BBCRA Office Submittal Deadline: July 17, 2018,by 2:00 p.m., BBCRA Office Presentation to the BBCRA Advisory Board*: August 2, 2018 at 6:30 p.m., City Hall Presentation to BBCRA Advisory Board*: August 14, 2018 at 6:30 p.m., City Hall Purchase &Development Agreement to BBCRA Board: September 2018 at 6:30 p.m., City Hall (*Note:Dates above subject to change-registered interested parties will be notified by email of changes, if any) M. Documents Available For Review The following planning documents are included in this RFP/RFQ are available in electronic format, and may be retrieved from the BBCRA's website at: http://catchboynton.com/index.php?o,ption=com k2&view=item&layout=item&id=761&Itemid =586 • 2016 BBCRA Redevelopment Plan • The Downtown Vision and Master Plan N. RFP f RFQ Additional Submission Criteria The failure to strictly meet the submittal deadline or the failure to include any required element of the submission criteria will result in the submittal being deemed incomplete and may be rejected and returned at the sole discretion of the BBCRA. Any question regarding whether a submittal has been submitted timely shall be resolved by reference to the time kept at the BBCRA office. O. Number of Copies In total, one (1) bound and tabbed original Proposal document should be submitted with a title page listing the name of the RFP/RFQ and the submitting Proposer and one (1) unbound but clipped copies of the Proposal. In addition, one (1) digital copy of the complete Proposal in PDF format on CD/DVD or thumb drive must be submitted. Facsimile or emailed copies of the Proposal will not be accepted. Proposals shall be clearly marked on the outside of the envelope or delivery box container as follows: Request for Developer Qualifications and Proposals Cottage District Projecti 00980203-1 Page 9 of 37 Issue ate: May 14, Submittal i later . P. Contacts All correspondence and requests for information regarding the RFP/RFQ should be directed to: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 Phone: (561) 600-9091 Fax: (561) 737-3258 Email: SimonM@bbfl.us Q. Answers to Questions Proposers are required to restrict all contact, questions and requests for clarifications regarding this RFP/RFQ to the named individual(s) listed above. All such requests must be submitted in writing via email and may be submitted at any time but no later than 5:00 p.m., on July 6, 2018.All answers to questions,clarifications,and interpretations will be issued in the form of addenda. Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All Proposers are encouraged to independently verify the accuracy of any information provided. Neither the BBCRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any Proposer, or to any assumptions made by Proposer. Written responses to all written questions submitted shall be maintained by in the BBCRA RFP/RFQ file. R. Registration and Addenda All interested parties must register their name, address, telephone number and e-mail address with Michael Simon, Executive Director, at SimonM@bbfl.us in order to receive any changes, additions, addendums or other notices concerning this project. All addenda issued before the Proposals are due are part of this RFP/RFQ and must be acknowledged as part of the Proposal. S. Limitations on Communications - Cone of Silence f No Lobbying As to any matter relating to this RFP/RFQ any Proposer, consultant, or anyone representing a Proposer is advised that they are prohibited from contacting or lobbying the BBCRA Board, BBCRA Advisory Board, BBCRA staff, or any other person working on behalf of the BBCRA on any matter related to or involved with this RFP/RFQ. For purposes of clarification, a Proposer's representatives shall include,but not be limited to,the proposer's employees, partners,attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the Proposer. All inquiries after the Pre-Submission meeting must be in writing and directed to the BBCRA as indicated in the paragraph above. Any violation of this condition may result in rejection and/or disqualification of the Proposer's response. This "Cone of Silence/No Lobbying" is in effect from the date of publication of the RFP/RFQ and shall terminate at the time the BBCRA 00980203-1 Page 10 of 37 Board selects a Developer, rejects all proposals, or otherwise takes action which ends the solicitation process. T. Non-Discrimination The selected Proposer, agree that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination in connection with this RFP/RFQ and any resulting agreement or project. U. Protests Any and all decisions by the BBCRA Board to modify the schedule described herein, requests for additional information, reject insufficient or unclear proposals, formulate an objective point system for review,rate and rank proposals, negotiate agreements,abandon negotiations, approve agreements, etc., shall be at the BBCRA's sole discretion and no protests whatsoever shall be considered by the BBCRA Board. Submittal of a Proposal in response to this RFP/RFQ constitutes acceptance of this policy. V. Formation of Contract The existence of a contractual relationship between the parties is contingent upon the terms and conditions of the contract (also referred to in the RFP/RFQ as an agreement) being negotiated to the satisfaction of both parties and the execution of said contractby both parties. Unless otherwise agreed upon, the contract documents shall include, but not be limited to, terms and conditions substantially similar to those contained in this RFP/RFQ the submitted proposal inclusive of qualifications and the negotiated services as agreed by both parties. Any contract or agreement must be in a form approved of by the BBCRA Board and BBCRA Board Attorney W. Right to Withdraw The BBCRA specifically reserves the right to refrain from awarding a contract for the sale of any or all of the subject property to any persons and to withdraw from the process and/or negotiations at any time at its sole and absolute discretion. The BBCRA reserves the right to enter into a contract with any of the Proposers on the basis of the impact on redevelopment by the proposed project at the BBCRA's sole and absolute discretion and not necessarily to the Proposer offering the highest purchase price. The BBCRA expressly reserves the right to obtain economic feasibility studies or third party evaluation with regard to any part of the subject proposals. Y. Deed Restriction and Homeowners and Property Owners Associations The BBCRA may require a deed restriction on the use of the properties as fee-simple residential development to preserve the home ownership opportunities in the neighborhood and/or require the establishment of a Homeowners or Property Owners Association. 00980203-1 Page It of 37 Z. Permits.Taxes and Licenses Proposer shall obtain, at its own expense, all necessary permits, pay all licenses, fees and taxes, required to comply with all local ordinances, state, and federal laws, rules and regulations applicable to the business to be carried on under the contract. AA. Public Records The BBCRA is public agency subjectto Chapter 119,Florida Statutes.The successful Proposer shall comply with Florida's Public Records Law. Specifically, the successful Proposer shall: • Keep and maintain public records that ordinarily and necessarily would be required by the BBCRA in order to perform the service; • Provide the public with access to such public records on the same terms and conditions that the BBCRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; • Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and • Meet all requirements for retaining public records and transfer to the BBCRA, at no cost, all public records in possession of the Proposer 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 BBCRA in a format that is compatible with the information technology systems of the BBCRA. • IF PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS RFP/RFQ, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435 Boynton Beach CRA@!Lbfi.us. BB. Public Entity Crimes Statement A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit Proposals,bids or qualifications (as applicable), in response to a solicitation for said products/services in support of a public entity, and may not submit qualifications, a proposal or bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,supplier,subcontractor, or consultant under a contract with any public entity,and may not transact businesses with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. CC. Drug Free Workplace Certification In accordance with Section 287.087, Florida Statute, preference shall be given to Proposer(s) with drug free work programs. Whenever two (2) or more Proposals, which are equal with respect to 00980203-1 Page 12 of 37 price, quality and service, are received by the BBCRA or by any political subdivision for the procurement of commodities or contractual services, a Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to receive such preference, the Proposer shall complete and submit with its Proposal the attached certification,Attachment"M," Drug Free Workplace Certification. "This establishes the end of the main document" 00980203-1 Page 13 of 37 ATTACHMENT "A" LOCATION MAP ell 3 { i �a SO, 41 Fr tj a D i R Fetr � n � tj �l e<.r � rt 00980203-1 Page 14 of 37 ,112 �t r i r t � t p �1� IIII r R I r 9 s:a w N G m , i r� r s s i m— ( �k , t �t ( Ip iV{Fi>I dl 9( r 00980203-1 Page 15 of 37 ATTACHMENT "B" PROPERTY INFORMATION BBCRA COTTAGE DISTRICT PROJECT: Property Identification Table Street Property Structure or Legal Status Parcel ID # Address Lot? 101 NE 5th Vacant 21-45-43,ELY Privately Owned by Portion of PCN #08-43- Avenue 108.9 ft of WLY Blanche Girtman 45-21-00-000-5010 158.9 ftofS 160 ft of N 185 ft& ELY 108.61 ft of WLY 158.61 ft. of SLY 82.93 ft 114 NE 5th Vacant Lot 1, Blk 1, Owned by BBCRA 08-43-45-21-28-001-0010 Avenue Sunny Side Ests 118 NE 5th Vacant Portions of Lots Owned by BBCRA 08-43-45-21-28-001-0020 Avenue 2 &3, Blk 1, Sunny Side Ests. 122 NE 5th Vacant Portions of Lots Owned by BBCRA 08-43-45-21-28-001-0031 Avenue 3 &4, Blk 1, Sunny Side Ests. 136 NE 5th Vacant Portions of Lots Owned by BBCRA 08-43-45-21-28-001-0041 Avenue 4, 5 &6, Blk 1, Sunny Side Ests 140 NE 5th Vacant Portions of Lost Owned by BBCRA 08-43-45-21-28-001-0061 Avenue 6 &7, Blk 1, Sunny Side Ests 144 NE 5th Vacant Portions of Lots Owned by BBCRA 08-43-45-21-28-001-0071 Avenue 7 &8, Blk 1, Sunny Side Ests 517 NE 1st Street Vacant N 100 Ft. of Lot Owned by BBCRA 08-43-45-21-29-003-0011 1, Blk 3, Shepard Addition to Boynton 515 NE 1st Street Residential N 60 Ft. of S. Privately Owned by 08-43-45-21-29-003-0013 Structure- 200 Ft of Lot 1, Vonerick Capital demolition Blk 3, Shepard Partners, LLC Addition to Boynton 00980203-1 Page 16 of 37 511 NE 1st Vacant Portions of Lot Owned by BBCRA 08-43-45-21-29-003-0012 Avenue 1, Blk 3, (Property shepard Add Appraiser has it as 511 NE 1st Street) 145 NE 4th Ave Residential Shepard Add S Privately Owned by 08-43-45-21-29-003-0014 Structure- 75 ft. or Lot 1, Community Caring demolition Blk 3 Center xxx NE 4th Vacant Lots Lot 2 and the Owned byBB CRA 08-43-45-21-29-003- Avenue NE 1/4 of Lot 3, 0032, 08-43-45-21-29- Block 3, 003-0020 Shepard Addition to Boynton 133 NE 4th Ave Residential Shepard Add SE Privately Owned by 08-43-45-21-29-003-0031 Structure- 1/4 of Lot 3, Blk Jean B&Jean O demolition 3 Francois 127 NE 4th Vacant Portions of Lot Owned by BBCRA 08-43-45-21-29-003-0034 Avenue 3, Blk 3, Shepard Add 121 NE 4th Vacant W 75' of Lot Owned by BBCRA 08-43-45-21-29-003-0041 Avenue 4/1-ess N 1407 Blk 3 Shepard Add xxx NE 4th Ave Vacant Portions of Lots Owned by BBCRA 08-43-45-21-29-003-0033 3, 4, & 5, Blk 3, Shepard Add 115 NE 4th Residential E 50 ft of S 100 Privately Owned by 08-43-45-21-29-003-0052 Avenue Structure- ft of Lot 5, Blk 3 Valrie McIntosh demolition Shepard Add Brown 105 NE 4th Vacant Portions of Lot Owned by BBCRA 08-43-45-21-29-003-0051 Avenue 5, Blk 3, Shepard Add 103 NE 4th Vacant Portion of Lot 8, Owned by BBCRA 08-43-45-21-29-003-0081 Avenue Blk 3, Shepard Add 508 N. Seacrest Vacant Portions of Lots Owned by BBCRA 08-43-45-21-29-003-0071 Blvd. 7 &8, Blk 3, Shepard Add 512 N. Seacrest Residential N 175 ft of W Privately Owned by 08-43-45-21-29-003-0054 Blvd. Structure 20 ft of Lot 5 & 500 Ocean Lotti& N 75 ft Properties, LLC of Lot 7; B I k 3, Shepard Add 00980203-1 Page 17 of 37 SURVEY a � 4 X ! u x, % ,gym Qs ees_s w� a �r H. v_ x_ I � i .• a ti j., y E s �p9IJR ) i` .... f . I f gg :` h yF P R yr 1 i � a "l P� 3N , L�...Y• .. a u 1 9 i r —.- Y' Mc'`�5 � — aaanau7 aaa g 00980203-1 Page 18 of 37 ATTACHMENT "C" PROPOSER(S) INFORMATION Name: Street Address: Mailing Address (if different): City, State, Zip: Telephone No. : Fax No: Email Address of Contact Person: Ownership Status - Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes,please explain the impact to the organization and management efforts. Age of Organization—In continuous business since: Leadership - List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publically held company, list Chairman of the Board, CEO, and President: Federal Identification No.: State of Incorporation&Registration No.: If not a corporation, explain your status: 00980203-1 Page 19 of 37 ATTACHMENT "D" ACKNOWLEDGMENT LETTER PROPOSERS SHALL INCORPORATE THIS ACKNOWLEDGEMENT LETTER IN THEIR SUBMITTAL PACKAGE ********************************************************************************** Re: Boynton Beach Community Redevelopment Agency Heart of Boynton Cottage District Reques for Proposal/Request for Qualifications (RFP/RFQ) dated May. 2018 To Whom It May Concern: The undersigned has read the Boynton Beach CRA (BBCRA) Request for Proposal/Request for Qualifications (RFP/RFQ) for the Heart of Boynton Cottage District Project dated May J 2018. On behalf of our proposal team, we agree to and accept the terms, specific limitations, and conditions expressed therein. We have read, rely upon, acknowledge and accept the BBCRA's disclosure and disclaimer, which is fully incorporated by reference into this letter, and certify that all of the requirements as described in the RFP/RFQ are enclosed. Sincerely, Name of Proposer Print Name and Title Authorized Signature (Must be able to legally bind the Proposer) Date 00980203-1 Page 20 of 37 ATTACHMENT "E" AUTHORIZATION TO PERFORM CREDIT CHECK For Principal f Owner: (Please use a separate form for each principal/owner) The Proposer hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the Proposer. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the Proposer's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the CRA is a public record subject to the provisions of Ch. 119 F.S. Proposer grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. This Proposer hereby waives any and all claims, past present or future, which the Proposer may have against the BBCRA by reason of any credit investigation made pursuant to Proposer's consent and authorization herein given to the BBCRA. An authorization to Perform Credit Check will need to be completed by each Principal/Owner and by the Business. Principal/Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone #: Signature: Date: 00980203-1 Page 21 of 37 ATTACHMENT "F" AUTHORIZATION TO PERFORM CREDIT CHECK For Business: The Proposer hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the Proposer. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the Proposer's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Proposer grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. This Proposer hereby waives any and all claims, past present or future, which the Proposer may have against the BBCRA by reason of any credit investigation made pursuant to Proposer's consent and authorization herein given to the BBCRA. An authorization to Perform Credit Check will need to be completed by each Principal/Owner and by the Business. Business Name (D/B/A if applicable): Current Business Address: Federal Tax ID# State of Incorporation: Phone #l: Fax#: Signature: Date: Title: 00980203-1 Page 22 of 37 ATTACHMENT "G" AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the Boynton Beach Community Redevelopment Agency(BBCRA) of the City of Boynton Beach any information in your possession regarding the undersigned either of a professional credit or personal nature including the statement of your opinions with regard to the undersigned's professional credit and personal character. By: STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowledged before me this day of 2018,by who is personally known to me or who has respectively produced as identification and did not take an oath. Notary Public: Print Name: Commission No: (Seal) My Commission Expires: Name: Home Address: Home Telephone Number: Business Telephone Number: Fax Number: Date of Birth: Professional License Number: 00980203-1 Page 23 of 37 ATTACHMENT "H" LOCAL HISTORIC ARCHITECTURAL EXAMPLES IIS} i ;1 l '7E c F - - i; 00980203-1 Page 24 of 37 ATTACHMENT "I" DESIGN CRITERIA Minimum design guidelines A. Unit Size (1,200-1,600 s.f., 3 bedroom/2 bath) B. Unit amenities (1 car garage minimum, front porch minimum, French doors instead of sliding glass) C. Type of Construction (CBS, Insulated Concrete Forms) D. Energy Efficiency and Green Building(see Attachment"K") E. Streetscape (landscaping, building mass/scale - alternating one or two-story preferred, identical building elevation not permitted adjacent to or directly in front of the same elevation to avoid a repetitious pattern or duplication of the same elevation or color scheme within close proximity of one another) F. Other unique and creative site design elements that would support the urban lifestyle of the neighborhood (e.g. pedestrian scale, neighborhood amenities, trellises, arbors, shared driveways, motor courts, etc.) G. Other unique and creative architectural elements that would enhance the character of the homes (e.g. multi-paned windows, front porches, decorative vents, proportioned fenestration, dormers, durable exterior finishes, shutters, recesses and projects, etc.) 00980203-1 Page 25 of 37 ATTACHMENT "J" SAMPLE ELEVATIONS y ! F a( Ig 04, I"+ a ( xJ ,F k d �tI 1 r P ff t a{ 1 ax:, I� r � � T F7 , if r 00980203-1 Page 26 of 37 EXHIBIT I (Cont.) 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Yinmmc va••'�azy�a: yl 00980203-1 Page 31 of 37 ATTACHMENT "K" ENERGY EFFICIENCY CHECKLIST The respondent will ensure that, to the greatest extent possible, all construction within the Cottage District development meets the following minimum standards. Through the execution of this Exhibit, the Proposer is certifying that the following elements checked below will be incorporated into their development plan. Energy-efficient Construction Techniques and Products ❑ Proper installation of insulation to ensure even temperatures throughout the house per FBC- Residential requirements ❑ Installation of high performance impact windows per Florida Building Code (FBC)- Residential requirements ❑ Installation of energy-efficient HVAC systems - Energy Star compliant ❑ Installation of new Energy Star compliant products including light fixtures, LED bulbs, ventilation and exhaust fans and appliances (refrigerators, dishwashers, and washer/dryer machines) Improved Indoor Environments ❑ Building envelope, duct systems and vents must be properly sealed to prevent cracks and holes ❑ Carpet, pads, and other surface materials and installation must comply with the Carpet and Rug Institute's Green Label Certification ❑ Utilization of only low Volatile Organic Carbon paints, finishes, and sealants ❑ Utilization of proper water vapor barrier and other applicable sealing methods to eliminate any possibility of mold ❑ Installation of programmable thermostats in all units Increased Water Efficiency ❑ Installation of low volume, non-spray irrigation system ❑ Incorporation of landscape practices recommended by the University of Florida's Florida Friendly Landscape Program (httj2:_j_an.ifas.ufl.edu/) and compliance with the Landscape Regulations of the City of Boynton Beach. ❑ Installation of low flow toilets and sink faucets I, (Proposer's Signature and Printed Name) certify that the items checked above will be incorporated into the development plan. 00980203-1 Page 32 of 37 ATTACHMENT "V PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids proposals, or replies on leases of real property to a public entity; be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that Bidder complies fully with the above requirements. Proposer's Signature Print Name Title Date 00980203-1 Page 33 of 37 ATTACHMENT "M" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify the firm of responding to this RFP/RFQ maintains a drug- free workplace program, and that the following conditions are met: (1) We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. (2) We inform employees about the dangers of drug abuse in the workplace,the company's policy of maintaining a drug-free workplace, any available drug counseling,rehabilitation,and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFP/RFQ a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP/RFQ they will abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,by any employee who is convicted. (6) We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. Authorized Signature: Date Name &Title (typed) 00980203-1 Page 34 of 37 ATTACHMENT "N" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Request for Proposals and Developer Qualifications Cottage District Project Site By entering checking YES or NO in the space provided and indicating date received. No. 1 ❑ Yes ❑ No Date No. 2 ❑ Yes ❑ No Date No. 3 ❑ Yes ❑ No Date No. 4 ❑ Yes ❑ No Date No. 5 ❑ Yes ❑ No Date RFP/RFQ INFORMATION WAS OBTAINED FROM: ❑ BBCRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Proposer's Signature Print Name Title Date 00980203-1 Page 35 of 37 ATTACHMENT "0" PROPOSAL CHECKLIST This Checklist is provided as an abbreviated reference to Paragraph I, Proposal Submission Requirements. This checklist is NOT intended to replace the requirements of Paragraph I: 1. Provide a written general statement of the qualifications of the Proposer. 2. Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. 3. Provide a copy of the commercial lease agreement, if any, or proof of property ownership at the location the Proposer is currently licensed to do business. 4. Provide a list of personnel that will be part of the proposed project's development or management team, along with their professional qualifications and a list of similar projects on which they have actively participated. S. Provide a written list of similar projects developed by the Proposer that were completed within the last five years, including photographs, addresses, date the projects were completed, and general project description. 6. Provide a detailed description of the proposed project, with text and graphics. This should include but not limited to a schematic site layout plan; proposed density, intensity, and height; parking locations; typical floor plans; and elevations, as well as the items listed in Paragraph F, "Architectural and Design Considerations," and Paragraph H, "Proposal Requirements for Project Site Plan," of this RFP/RFQ document. 7. Provide a breakdown of the proposed total number of housing units and housing unit types (attached or detached), including number of bedrooms and bathrooms, and square footage for each unit type. 8. Provide both a development and operating pro forma. The development pro forma shall include and clearly identify the cost of land acquisition from the BBCRA along with any proposed funding assistance being requested of the BBCRA, if any. 9. If the project is proposed to use other project based subsidies, Proposer must demonstrate extensive experience with obtaining such project-based subsidies for affordable housing by listing projects and the amount and type of subsidy utilized. 10. A program description of how the Developer will make attempts to utilize local residents, qualified contractors, and sub-contractors in the development, construction, operation and management of the proposed project. 11. A signed written statement of intent to purchase the project property indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection if selected. 12. Authorization to Perform Credit Check for each Proposer entity. The Authorization must be executed by the appropriate officer of Proposer entity. See Attachments "E" and 'T," Authorization forms. 13. Proof of financial capability to complete the proposed project. 00980203-1 Page 36 of 37 14. The Proposer must submit a Marketing Plan which will indicate how the units will be sold,strategies of outreach to the end users and community,proposed recommended sale price ranges that are supported by the finance plan and proforma, and the project's proposed absorption rate. 15. An acknowledgement letter attesting that the Proposer has read and understands all procedures of this RFP/RFQ (see Attachment"D"). 16. A promotional PowerPoint presentation of the Proposal, consisting of 10 to 15 slides. 17. A list of all civil and criminal legal actions in which each Proposer entity (and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four (4) years, providing the case number, case description, the state of jurisdiction, and disposition of each case. Proposer(s) may include any additional relevant information. 18. All other requirements contained in this RFP/RFQ including all attachments that request a response or information from the Proposer. Proposer's Signature Print Name Title Date 00980203-1 Page 37 of 37 t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 OLD BUSINESS AGENDAITEM: 13.E. 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 (see Attachment 1-III). Under the terms of the agreement, 50 owner occupied affordable townhouse units and 120 multi-family affordable rental units were created within the Preserve at Boynton Beach located at 1866 5th Street NE, Boynton Beach, FL 33435, south of Gateway Boulevard. In June 2015 the developer submitted their first request for distribution for the 2015 tax year that was reviewed by staff and CRA legal but was denied due to non-compliance with the terms of the Agreement. In response to the CRA's denial, the developer engaged a CPA firm to assist them with their compliance calculations under the Agreement, and submitted a request for the 2015 tax year distribution. After review of the resubmission by CRA staff and legal, the request was approved and the first payment was made to the developer on March 14, 2016 in the amount of $45,759 after receiving CRA Board approval on March 8, 2016. On February 20, 2018, Boynton Village LLC, submitted their Compliance Audit for tax years 2016 and 2017 (see Attachment IV) and a formal request for payment. After review of the submission by CRA staff and legal counsel, CRA Board attorney, Tara Duhy sent a letter to the developer denying their request for reimbursement for year 2016 citing that pursuant to the DI FA, the required Audit and supporting documentation must be submitted annually and no later than April following the ad valorem tax year in order for their tax reimbursement request to be considered by the Board (see Attachment V). Because they were submitted within the specified time period, CRA Staff reviewed the Compliance Audit documents for tax year 2017. After review and analysis of the developer's calculations, CRA staff and legal counsel do not agree with the payment request of $94,953. The documents attached provide the CRA's analysis supporting the CRA's position with regard to the developer's Compliance Audit results (see Attachment VI). The primary reason for the CRA's position is that the documentation of eligibility for the affordable housing units submitted by the developer did not provide sufficient proof of affordable homeownership eligibility for the 23 housing units claimed in the Compliance Audit (only 5 were determined by the CRA to be owned by income eligible households). The CRA is in agreement with the Compliance Audit's findings that there are 114 "income qualified renters" (see Attachment VI I - IX). On April 19, 2018 the CRA Executive Director, Finance Director, legal counsel, the developer and their audit firm met via conference call to discuss the difference in the calculations that they submitted. The developer sent over their calculations via email on 4/23/2018 (See Attachment X). The CRA Finance Director consulted with the CRA auditing firm and legal counsel who both agree with the CRA's original analysis. On May 1, 2018 the CRA Finance Director sent a memo via email to the developers stating the CRA's findings and the item will be going before the Board on May 8, 2018 (see Attachment XI -XI 11). The payment to the developer based on the CRA's analysis is $45,809 (see Attachment XIV). FISCAL IMPACT: FY2017-2018 Budget, Line Item 02-58400-443 - $45,809 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approval of the request for payment to Boynton Village, LLC for$45,806. 2. Do not approve the request for payment to Boynton Village, LLC for$45,806. 3. Recommend an alternative payment amount to Boynton Village, LLC upon further discussion. ATTACHMENTS: Description D Attachment I - Executed DIFAAgreement D Attachment II - Executed 1stAmendment to DIFA D Attachment III - Executed 2nd Amendment to DIFA D Attachment IV -Compliance Audit 2016 and 2017 D Attachment V - Memo sent from Legal to Leon Wolfe D Attachment VI -2017 CRAAnalysis of Compliance Audit D Attachment VII - Exhibit E Rentals D Attachment VIII - Exhibit E Units Sold D Attachment IX - PB Property Appraiser Backup D Attachment X -Cornerstone Calculations D Attachment XI - Memo from CRA Finance Director with results D Attachment XII - Letter from Finance Director to Developer 5/1/2018 D Attachment XIII - Memo from Legal to Executive Director with their position on DIFA Payment for 2016 D Attachment XIV - Incentive Calculation 2017 i DIRECT INCENTIVE FUNDING AGREEMENT /d'tLis Directincentive Funding Agreement(hereinafter"Agreement") is entered into as of the day of 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 1 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 j 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 i 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. j 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 i I 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 i 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,VILLAGE, LLC ��L lze� e'4 By: Print e: ANI RMAN PrPe: � Ti n ` � Date: Print name: Melissa k% eZ BOYNTON B ACH COMMUNITY REDEVEL MENT AG CY 14k- By: Print n ,-,0 o*,W - Print name: 6N94R ' Title: Chairpersorl Date: 1x jY,�O(0 ri name: OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 12 STATE OF FLORIDA SS: COUNTY OF-P�� BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared LEON J. WOLFF as of 17N 44&046'K Vt- - and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of JRZVAA1-eV- J YAXJ-4ftb;.-for the use and purposes mentioned herein and that the instrument is the act and deed of Imo- is personally known to me or has produced as identification. IN WITNESS OF THE FO RMOING, I have set hand and official seal at in the State and County aforesaid on this ay of ;�y 2006. Leyani ontan Commission#DD312446 -h4lieO.4 G. Expires:Apt.23,2W8 �M- Bonded Thru No Pyy c, State of Florida at Large Atiatic DwAiq Co.Ift My ConMlission Expires: STATE OF FLORIDA SS: COUNTY OF PALM BEACH : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared 40,PA a r,.(*o &v rlimA oas #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�day of r-u-J*a 2006. SUSAN E. HARRIS (9Notary Public,State of Florida My Comm.#OD 248894 Notary Public, State of Florida at Large Expires:September 23,2007 My Commission Expires: 9WWW0*h0W"NyWvk" qh-3/9,00? 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. i 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 Exhibit"B" Site Plan r Eek pi v RI � Ml�i_ ,dR e �i 9. a y a .�,,Nu', MS"7 MMf6PP R%6t afb4ss ?>Ate IKB b WeM�!aFM1:. FyAp;�IR"RiR.Nk v.Nlmfl.:t�R(�Mai+nn'.iw4 ..> �'l+a ierAsYN 34.az amw.�4�r vs�aSK'eRw.5314.'�+'K'yw.^1��er*e43 a.??�t:eP.wta�9 acaYr��a.YM. OACORD003-Boynton Beach CRA-Cornerstone DIFA—I0-27-06 15 Exhibit"C" Price List IM PRICE LIST r1 r From$299a990 Hadl Batik I car gamgc 10 1 sed ft-a/c area CYPMS fmm$349,Wi � ,plusy De /Bed Bath 1. cagange r Hibiscus From $1279,990 3 Bath I 'fir parage 1557 -ft_Atc wva. Palm From Bed 3 Bath I car gwage, 1.601 SJ- ft,4le area 1 ccs,subjectto chatige without prior cokef i to 7n9)06 "AM.MATERMS AND&wicwjr,*,nCM AM; rArr MAV R r MY W*AJ w xr a a rra UPON AS CURRWMV DEVELOMM, R EsrAT , r ktWM t a MMS VO n*00CMENMEANDIF0 W ?tS-Vl,MJWUDA STAIV7V&TO TO^ MIMO$AA OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 16 Exhibit"D" CRA Homebuyer Assistance Program Guidelines A WeqCRA t o leas Community Roftvdap wawt plouwbMw Anktante Pftgramt ULVM boyntnn ilanob.Caumunflyant Agwy v=wmie bealth ofthe City chards Won the sufficbent,BuWy of bousing p,kwd for . wadangfiraffles, As housing prioexr4ambed by dmMe dkl#a in 2005-2006,,many _f1imilice woe fwd Ow of the howswg Market at7 of D43-yntoik Dowdi soo6iv va 04#w mmoinglaijuaivic Paa veraatatp� '"rte (fir 1p) dal to wide to l e irsixua families- Due,t npid housing dwav%*c number oflow and muoKlamw Womw flunitics wbo am afford to buy hornes has dewnwed. Irk am effort to assisumore flamilift taxa CRA has hngplismented the Homebuyer Assistance PmVwm Propm funds can be layeredMth die s SHW Omm Payrpica ARAstmw PmSttm to provFi*gpp flawvft to ftnilies.It SHIP fan&am wail ,H he used a s sole war o f PaSm : KOASIMOV as I=#ea applicants all SMW c6tain W,ad by the City of boyatim Funcft is on a e4 first-appmved basis. . Applicants must meet all of the quelificationcriteriaof the SHIP IIS Asaintante Program. RAP quaMeation wig be conductedby Ow CWs CbiumuWty Impmveratsit Dqwtnwnt or ae Community 14ous Develo;wwait OrXanizatiou f A mquest Far IIAP fim4s mug be on the s:behAf by eitheir tho Witty or C . 3. pumAlwo 0,64M New--Not to t0,462 Wft—Not to $280,42 Now Omw.Consavation Loans-the value of *C ."Iat awsixied to-, homebuyer is owlip4ed fmm the CR:A lty subsidy a a tm4 but is indtWe d iri tw PCIManpent mortgage , Etigible Properties ladude existio& i smily11ame%,mmsftwfion of new sir4e4hsnily homes,townbopm and cosidoeminiums loicated withIn,itio CRA. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 17 2 S. Use of Funds, a. Chown pwymcnt and closing bL Ft lima crttaua: f tca tnnit tyaa.taxtcatc uqs t c,ex �i Fasni#iaw with dcpcndant,adoor,childran wiU r±ecaaive Prefleremov. 3. Parmunt vvmn wv hada, City of'Boynton B -will reocive prefereoce. Applicants emplaylad in the- nl r "sectors(aducaftsvA.PrAJ aa. 15xcB is and skilled b4"Idli g tntcIav)will naceiwex Vii—. lv. Tacoma a fWanr all ad:arlat nvvmbwrs of the hatksarslaookt,.rill be,included in the a asxtx PU tetiOn of WOOS 40003thca, vW Ckty and CRA f6vmdmo adbarall not exoved 40%for mo4anac Euc%imac buys"and r low mccew b y*m of t pumbesta pricy u aal amount 4xf" fisodimS stw:>cd.ftalt dkgmmd uron the lnnoa tatrwIl CRA, AAndirng be aw. to *s the fisading app ntnanatatrat or 830.WO.00- st,etw1odbution experesest asialod to brhvgtng borne op to code may be loauded,up#v S5iC1l000d MN #'L Momlerute tnxmmc Household. $60..000 Puraltmoce P*io s 4�xr nuc S-2 .1300 Ntawl"tuin Mortgage karat 3213.77 t Claty`e yr ftx�hv .5"W:fin:laan5 ntetnt $50,000 Flunding 43arin. $21„110 I'vonent arpublic Subsidy 2 ;ply LJOW I Ffo%Wetkold S 40.200 Closing SAMO n,+a MOW40M M AAVAMMt S;i ." Gap $ 45,300 Pmoem ormabliae S u'biwid-V 4 1 T- Proycated houalwgm4ludingnuor4gaga.intoremt,tine;.'humaramoo amyl Faunanc rt�wtip r•rif" wall nat em000d 334A oraros'O Ivouvehow tMoa e or vwbabovinr-the primairy lender 'Me mumirm urs»raaaaal ra>«tie Ooml... hounduM expmwo hilus aua trblit i It 3 not,eacracx!,k.' of lie OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 18 mrntp� t ssia{lrA9i7tE�! ,Ja3rf1i1 blorttg(i (root.ina"m&hISAWmam) S1.2,82 tit S SW iaag o tin to vxammd35%) 27 UxmuPjC t1 Ijaw Inanatic $40,2100 Q s c1i mlY fWKvFxtt?v S 3, is 3thmcr Debt 3CK) "owing M Ratio 2 'Deft;it:.at:ia 1.2 Alrptircastttsa:ausat be total timem himmebayam with no p—Auum hhila withim tha psist%hrac yearvi at t1m time a f npplival*e, 'First kinvir,houto bwYer dun aliall tm dMiUrnifned by J*Wf thhrOM SMOnti"Y*WM 'IFS InCOU66 tax A[eta. 19mmtwtt be in the form"ii t gee bobindthm#" :more trSt`.CW it .ftxrm s what baits atie t`ocrms ar[:a th rd nautiguipm IsmWed t 47W of Wrymoon "s driounibranva. ReWayment of the CWA,Aindst Waits net be r sgoirad if Ow boom in me ald to an inoatris qualMad'i myvr. briocamm-qualillketiam Kr ttlAel nerwhimyow shmill be certrfied by OAP City of Mrstam Heach tC'aituunimity n„wtrt:CHvlt a atacl rt�wwuatka9,to SRA pAeircxr Ao. tt:ialis t�€i,b almmniaflisit>b++ r wits as�`t7 �:AstrlaitimR.yr irarnixi itx, tl.+t1� sa«lcaasr . 13., uamamimmina aft wits neo it imrapayumext caai•CRA,foods withintereat circumstanom aaG�tttati nt+ per'. ,. t#xzli'Iitn 11lA�i immny ate p+errxt�ittl in apait€i it:h prior xwri approval Dom 4ba,City tisk CSLA. 314. Fart ai a who mWivo CM.&, yerr;AS ' t y M&Ivaidemwo;for tbC ;tom. aFfb,Oimt n . frifist,awaidenim in]eased andair cv by tlu- recipient o cllA-funds,ntt: Rms p{ intermit m. tqthe tiffs at PWCb&M tl(tl WI bft=UUW tae And pgypbta ltr i�Y' L #that,rbOWIVO t f:�:DC iff lit memba l - at : to ihAC City mint. lAriAlrltrtrklly t*mv amutrvurunryof the c lartng dm*. 72m$A't5a6gxwd Awe`d ol7pronir to^uM# `t it showing pxcwrmm incl iI ICS nts mato-me and-siddram. Failure to vaumply will rarub.in The CItA Minds treC'C mi m' . duo and Paymbim 1,a. LVOM mdael dw Prupert wtthia am Ara I t a yews.the Waftwa nf»t PWY Flo%of*00 equity(aiwtermi ted y,�,a Xquiltma a. )to the city and . the a: of funding ftc(m each emit 4'. Diising ycom 6-241e.SO%of Cho 9{S 4uil 'dad iliming Y&SIV:zI�-",:.l-".4 orsho 040MY is doe to 1ft2e City anit CMA up47m MIC&?'r'ihs'- ,Y '.. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 19 4 Odalual how pdca: 3 0+m City&W fixods 3 50 [7I CRA Funds S lom mwtpp S1.,55. 5 _ Il pity $50,om 20x:Fquity I " 10,0M PWIVOW,Or Equity to City IUAW Ear. I the pal to puRhm,tbe ptopmy,at The flair mndmt wmpo4l vWua within 45 dAys aE 'tom m lho pmpaty ovmm. 0. Offaing of dw,,pmgrm :.: a fuvding, Alt dodsionsare subject Dkedom OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-2?-06 20 Exhibit"E" Pledged Project Increments Revenue Formula Examples #of Affordable #of Affordable Access 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 T:IDEVELOPMEYRThe Preserve-ComerstoneTreserve DII`AIDIFA Revised Amendment(2).doc 1 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: 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: 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 BOYNTO *ILLAGE,LLC By: .W _ _ f� r Print � e: AEON j, WOL E Print name: j Title:— Date: - Print itle:Date:Print name: r,woz N2, BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: --e� ' Print name: Print name: ., 2 r�- Title: Cl arperson Date: Print name: T:\DEVELOPMENMhe Preserve-CornerstoneTreserve D1FA\DIFA Revised Amendment(2).dcc 3 STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to adrmi t , oaths and take acknowledgments, n-,rsonally al-ed IV as Of and acknowledged under oath that lie/she has exec d the foregoi Agreement as the proper official of PkQ "-DMA V J- the use and purposes mentioned herein and that the 111 0 t6te,has instruhient is theact ad deed of He/she is personally known to me or has produced as identification. IN WITNESS OJEE 7E FOREGOING, I have iriy hand and official seal at in the State 'L�33 ur' A' day of and Coun WITNESS esa'd on this 2008. Leyani Roman Notary P c, State o Florida at Large Commission#DD312446 Expires:Apr.23,2008 Bonded Thru My Commission Expires: nding 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 . j e i-�Z 7—q),,Ir as �-!k a/,-)/1'142 of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. _He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have 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: '0111y.fit' MYCOWSSION i DD 66211R EXPIRES;April 21,2011 T:\DEVELOPMEYRThe Preserve-CornerstoneTreserve DIFA\DIFA 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 1 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: James Cherof, Esq. Goren, Cherof, Doody& Ezrol 3099 E. Commercial Blvd. Suite 2.00 Ft. Lauderdale, FC, 33308 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. SIGNATURES ON FOLLOWING PAGE T:IDEVEL0PMENTIThe Preserve-CornerstoneTreserve DIFAIDIFA Second Amendment-2010(3).doc 5 WIT BOYNT N VILLAGE, LLC By:_ Print name: - Print name: Title: , 4 Date: Print name, BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY B ' Print name: t 'Y Y Print n e: ` itle: Chairperson Date: ' Print T:IDEVEL0PMENT1The Preserve-CornerstoncTreserve D1FAIDIFA Second Amendment-2010(3).doc STATE OF FLORIDA 640 0 SS: COUNTY OBEFORE FA -,pean officer rson u ° duly authorized by _ to dm pas a d take acknowledgments �of � � a eared / f 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 produco as identification. IN WITNESS F T/HE FOREG I ha v m hand and Official seal at in the State and County aore,9'aid on this ay of 2008. ot�R p e•4, LEYANI ROMAN ,1 my CWSSION t all783395 Ota1'y u 1C, State EXPIRES:Ap6i 28,2012 Of FlOrlda at Large QTRV,"R; Bw,9dItruBudgstNotary Soly! r My Commission Expires: STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take aowiedgments, personally appeared - ;', �` as TnW -Vk 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 FOREG NG, I hav set m hand and official seal at in the State and County aforesaid on this ay of o I 4Al otary Public, State of Florida at Large My Commission Expires: ACK MMY bN - of i • Comm.Exph Jon 11,2014 Comml n 0 DD 951135 '''P;+;'i• 8o Theo National NWOU Assn.. TADEVELOPMENT1The Presene-CornerstoneTreserve DIFA\DIFA Second Amendment-2010(3).doc 7 EXHIBIT "C-1" Rental Rate List' 2-Bedroom units: $924.00/month 3- Bedroom units: $1,059.00/month 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 #of Affordable Access Access Rental Units Rental Units Sold Sold and/or Rented %m of Eligible TIF and/or Rented %p of Eligible 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%4 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 Boynton Village, LLC Compliance Audit. . September 30, 2017 and 201E Boynton Village,,LLC TABLE OF CONTENTS Page INDEPENDENT AUDITORS' REPORT 1-2 NOTES TO INDEPENDENT AUDITORS' REPORT 3-5 SUPPLEMENTAL SCHEDULES 7-10` 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'mem' orandum, 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,from and 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 Amu "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 Aeieernent 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: j - -3- 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- . SUPPLEMENTARY SCHEDULES i -6- Boynton Village,LLC Com pliance 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 DWA 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 $" 124,000 1966 NE'5TH.ST 2 206 126,000 116,000. 1.948 NE STH ST 2, 209 72,600 66,000 1942-NE 5TH ST 2 '210 1-26,000 1.16;000 1848 NE 6TH,ST 9 904 25,600 25,000 1-842 NE 6TH ST 9 905 .9.5,167 :. 86;51.5 1824 NE 6TH ST 9 908 107,800 98,000 1818 NE 6TH ST 9 . 909 112,000 102,000 -1743 NE 6TH ST 1.2 1205 112,000 102,000 1747 NE 6TH ST 12 1206 ,107;800 98,0.00 1751 NE 6TH ST 12 1207 112,000 102,000 1755 NE 6TH ST 12 1208 108,000 98,000 . 1759 NE 6TH ST. - 12 1209 112,000 102;000 . NE 6TH ST 12 12-10 107,800 9$,000 . 1726 NE-6TH ST 13 1304 120;000- . : 110,000 1722`NE 6TH ST13 1305 25,000 25;000 1714 NE 6TH ST 13. 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. 2311 1 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 ST 107,800 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;16.3'- 1771 7;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" 1850 NE'5TH ST 1402 128,000 118,000 1858'NE5TH ST 1401 92,000 82,000 1702 NE 6TH ST 128,000 11$,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 I . ;i See accompanying independent auditors'report -10 LEWISAttorneys a1: Law LLW LONGMAN lw-law.com WALKER Tara W. Duhy tduhy@llw-law.com Reply To: West Palm Beach Office March 19, 2018 Leon Wolfe, President Boynton Village, LLC 2100 Hollywood Boulevard Hollywood, FL 33020 Dear Mr. Wolfe: 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, PV Tara W. Duhy TWD/lb cc: Michael Simon Vicki Hill JACKSONVILLE TALLAHASSEE TAMPA BAY WEST PALL BEACH 245 Riverside Ave.,Suite 150 315 South Calhoun St.. Suite 830 101 Riverfront Blvd.,Suite 620 515 North Flagler Cir., Suite 1500 Jacksonville, Florida 32202 Tallahassee, Florida 32301 Bradenton, Florida 34205 West Palm Beach, Rord�i 33401 T 904.353.0410 T: 850.222.5702 T: 941.708.4040 T, 561.640.0820 F: 904.353.7619 F: 850.224.9242 F: 941.708.4024 F: 561.640.8202 Sec Things Differently` 00958051-1 000 (0 O 00000 O 000 O 00 000 (o 0 L O (3) O 00000 O 000 O 00 LO 00 M ornorn O 000coo O orno O 00 rl LQq oc f co LLN co m w 0 CO O LO LO (3) LO LO LO Lo O Lo Lo LO LO r- (3) 00 O 0 F T C N e»e»e»e» , va va va v3 613 v3 6p,6p, 613 v3 va va v3 v3 v3 v3 v3 va v> O o o O 0 0 0 0 `o U 3 LL co co M N c O O O N0 LL N M N O E a O O O U 2 c N c EF6"( Ec EF2 ER ER ER 69 Y�! 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CD 0L) > � o U m U 2 of of _ > Q J Q m J U z a a w w O T LL co 0 0 0 0 a) In In In a) U L U O U U O (� (� o U O U o o o o U a) a) a) N 0 0 O c 0 0 0 O O O O O O O O O N O O O a) O O O O O O O O L a) L O O O -r- O V 0 0 0 U N LL LL LL LL O O U U U m U LL U U LL O O LL U LL U V3 LL ILL Id a d c aa) s U) m t co m c t y o y 03 c � M � � � Y 2 co w � � � � E _0 � � N w � In Q o m m T'� E E c 3 o 2 o -o c — d y ca a) Y a) o o U O 0 m m H m .� o o-r- _j v a o J .� c o co (7 CO a� 0 w c (7 (7 J LL o c a rn D o c DU -o O cLL a) o o c � c s v i s m t a) s °� c > E -c 2 c o o d ~ Q O m 'm m o m m m m 3 '� ai .� L co m o o E LL U LL Y of of of � w 2 m 0 0 w U z a U J Y x � Q c 0 U d Y 0000 0 r- 0 0 00000 O 000 O O 000 r-- CL U d 0000 0c200 00000 O 000 O O 000 (o Q o J 7 N O O ( O 0 of O O of O O O of O O O Lo ' O O O O (c Y c J j ; N V 0 N 0 Ln Ln r" N N r" N c N r- 0 0 0 t N of N CO Nt p Uj y M N N N m O O : O : O N N N O O N O Q (� rn 0) ca (6 YO .0Q N Z t3 (6 V Q LL w O ca 7 Q ~co V-)6r,fR fR fF)fA fFJ fFJ fF)fFJ fFJ fFJ fFJ fF) fFJ fA fF) fF) 69 61) fR 691691 69 O LO LLI m C 0 0 0 0000 N N N N N N co M M V LO LO LO LO L) 0 N N N N (3) (3) (3) (3) N N N N d) d) d) O N N N N N N M M M V Ln Ln Ln Ln m LL ca ca ca Q Y U ,`o 0000 0000 00000 0 00o O .r Q ca of m s s s s s s s s s s s s s s s s s s s s s s m Ln Ln Ln Ln co co co co co co co co co co co co co Ln Ln Ln Ln Ln .� y w w w w w w w w w w w w w w w w w w w w w w o Ozzzz zzzz zzz z zzz z zZZ Q)� Q O 0 w N aJ N V LO d) O LO LO (o N N N IZI co V Ln ` OOOOaJ aJ OJ OJ r- r- r- r- r- r- r- r_ OJ OJ OJ OJOJ U ZM 0d Exhibit"E" Pledged Project Increments Revenue Formula Examples of Affordable w #of Affordable Access Access lRentall Units Rental Units Sold ° �. %Of Elie�ble TIF Sold and3 r Rented %of E2bible TIF andlor Rented 78 52% 6 4% 81 54% 9 6% $4 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 0.24 111 74% 39 26% 114 76% 42 28% 117 78% 45 30% 120 80% 48 32% 129 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:IDEVELOPMENTMe Preserve-ComerstonckPreserve DIFAIDIFA Second Amendment-2010(3).doc 9 Exhibit" " Pledged Project Increments Revenue Fonnula Examples of Affordable Access /o of Eli rb!ll .� #of Affordable �,. Access Units Sold %of Eiiible TIF Units Sold ° e TIF 2 26 52% 4% 27 54% 3 6% 28 56% 4 8% 29 58% 5 10% 6 30 60% 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% 4® 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% 50 100% I i I I i i i i c t w I OACO 3-Boynton Beach C -Comergone DIFA-10-27-06 21 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetaiVPropertyDetaii.aspx?parcel=08434515250002020&srchtype=ADV&owner=&streetno=1990&prefixDOROTHYJACKS ... i 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 M ST SAN FRANCISCO NAVIGATION LLC HOLLYWOOD FL33 19 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 *Total Square Feet 1561 Acres Use Code 0400-CONDOMINIUM Zoning - I Tax Year 2017 2016 2015 improvement Value $134,000 $124,000 $0 i Lang Value $0 $0 $0 i Total Market Value $134,000 $124,000 $33,200 All values are as of January 1 st each year 7 Tax Year 2017 2016 2015 Assessed Value $134,000 $124,000 $33,200 Exemption Amount $0 $0 $0 Taxable Value $134,000 $124,000 $33,200 Tax Year, 2017 2016 2015 i Ad Valorem $2,861 $2,707 $745 Nan Ad Valorem $218 $197 $197 Total tax $3,079 $2,904 $942 I I. http://www.pbcgov.com/papalAsps/PropertyDetaii/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&prefixDOROTHYJACKS ... I CFAAU �{ Location Address 1966 NE STH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-25-000-2060 Subdi0slon PRESERVE AT BOYNTON BEACH 2 CONDOMINIUM Official Records Book 29569 Page 1578 Sale Date DEC-2017 Legal Description PRESERVE AT BOYNTON BEACH 2 CONDOMINIUM UNIT 206 Mailing address I Owners 1966 NE 5TH ST STE 206 ,DAGNIEWSKA MARGARET BOYNTON BEACH FL 33435 3512 Sales Date Price OR Book/Page Sale Type Owner DEC-2017 $160,000 29569/01 578 WARRANTY DEED DAGNIEWSKA MARGARET DEC-2014 $103,000 27240/00662 WARRANTY DEED NACK GARRY& SEP-2014 $100 27170/00104 WARRANTY DEED FEDRL HOME LOAN MRTG CORP JUN-2014 $53,300 26886/00846 CERT OF TITLE BANK OF AMERICA NA JUN-2007 $239,990 21938/01 160 WARRANTY DEED DICKENS FAITH i No Exemption Information Available. I Number of Units 1 *Total Square Feet 1557 Acres Use Code 0400-CONDOMINIUM Zoning - ax Year 2017 2016 2015 lmprovemet Value $126,000 $116,000 $116,000 Land Valine $0 $0 $0 Total Market Value $126,000 $116,000 $116,000 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $126,000 $116,000 $116,000 Exemption Amount $0 $0 $0 Taxable Value $126,000 $116,000 $116,000 Tax Year 2017 2016 2015 Ad Valorem $2,691 $2,532 $2,603 Non Ad Valorem $218 $197 $197 Totaltax $2,909 $2,729 $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... Nofflftbad EaMption � DOROTHYJACKS � . 1 ,r; ,UAB 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 *Total square Feet 1601 Acres Use Cove 0400 CONDOMINIUM Zoning Tax Year 2017 2016 2015 i Improvement Value $76,000 $66,000 $108,000 Land Value $0 $0 $0 Total Market Value $76,000 $66,000 $108,000 i All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $72,600 $66,000 $99,000 Exemption Amount, $0 $0 $0 Taxable Valine $72,600 $66,000 $99,000 Tax Year 2017 2016 2015 Ad Valorem $1,573 $1,441 $2,289 Non Ad Valorem $218 $197 $197 Total tax $1,791 $1,638 $2,486 http:// .pbcgov.co /papa/Asps/Props etaiVPropertyDetaii.aspx?parcel=0 34515250002090 srchtype=ADV&owner=&streetno=1948&prefix=N... 111 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515250002100&srchtype=ADV&owner=&streetno=1942&prefix... HomesWad --m DOROTHYJACKS 0 A ( {t Location Address 1942 NE STH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-25-000-2100 Subdivision PRESERVE AT BOYNTON BEACH 2 CONDOMINIUM Official Records Boob 29328 Page 1452 Sale Date AUG-2017 Legal Description PRESERVE AT BOYNTON BEACH 2 CONDOMINIUM UNIT 210 Mailingaddress Owners 1942 NE STH ST#210 SIMMS MONIKA D BOYNTON BEACH FL 33435 3512 C Sales Date Price OR Book/Page Sale Type Owner AUG-2017 $160,000 29328/01452 WARRANTY DEED SIMMS MONIKA D JAN-2016 $108,000 28049/01649 WARRANTY DEED TRANS GLOBAL FINANCIAL LLC DEC-2014 $10 27596/01593 WARRANTY DEED FEDERAL HOME LOAN MRTG CORP NOV-2014 $25,700 27161 /00101 CERT OF TITLE JPMORGAN CHASE BNK NATL ASSN DEC-2007 $229,990 22384/01336 WARRANTY DEED BUREY ROXANNE I No Exemption Information Available. I Number of Units 1 *Total Square Feet 1 557 Ares Use Code 0400-CONDOMINIUM Toning Tax Year 2017 2016 2015 Improvement Value $126,000 $116,000 $116,000 ( Land Value $0 $0 $0 I Total Market Value $126,000 $116,000 $116,000 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $126,000 $116,000 $116,000 Exemption Amount $0 $0 $0 Taxable Value $126,000 $116,000 $116,000 Tax Year 2017 2016 2015 Ad Valorem $2,691 $2,532 $2,603 Non Ad Valorem $218 $197 $197 Total tax $2,909 $2,729 $2,800 http://www.pbcgov.com/papa/Asps/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... DOROTHYJACKS < a k WtyAPF&1W xr � I "r 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 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 sit each year Tax Year 2017 2016 2015 Assessed Value $66,271 $64,908 $64,457 Exemption Amount $41,271 $39,908 $39,457 r Taxable Value $25,000 $25,000 $25,000 Tax Year 2017 2016 20315 Ad Valorem $644 $651 $670 Non Ad Valorem $218 $197 $197 Total tax $862 $848 $867 http://www.pbcgov.com/papalAsps/PropertyDetaii/PropertyDetai i.aspx?parcel=08434515330001848&srchtype=ADV&owner-&streetno=1848&prefix=N... 1/1 CFF 20100425745 OR BK 24164 PG 0362 This instrument prepared by,or under the RECORDED 11/09/2018 11:20:w supervision of,and after recording return to:: Palm Beach County, Florida ANT 210,000.00 Howard J.Vogel,Esq. Doc Stamp 1,470.00 Berra Rennert Vogel&AAandler P.A. Sharon R. Bock,CLERK & COMPTROLLER 10,"%,,2 n°Street,Suite 2900 geii,t�rida 33131 Pgo 0362 - 363; {2pga) A pf�arcel LD.No.: 08-43 45-15.03-000-0205 Grante I.D.No(s) (( (Reserved for Clerk of Court) SPECIAL WARRANTY DEED THIS S WARRANTY DEED is made and entered into as of the 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. � D WITNESSETH: GRANTOR, for and I 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. 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. Book24184/Page362 Page 1 of 2 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515330001842&srchtype=ADV&owner=&streetno=1842&prefix140mesbud EX0br6PftW0 ... Z) q, a MS 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 *Total Square Feet 1601 Acres Use Code 0400 -CONDOMINIUM Zoning 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 i Assessed Value $95,167 $86,515 $78,650 Exemption Amount $0 $0 $0 Taxable Value $95,167 S86,515 $78,650 Tax Year 2017 2016 2015 Ad Valorem $2,146 $1,998 $1,940 (' Non Ad Valorem $218 $197 $197 Total tax $2,364 $2,195 $2,137 I http://www.pbcgov.com/papa/Asps/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&prefixDOROTHYJACKS , ... t t I A r � 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 Saps 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 1 http://www.pbcgov.com/papalAsps/PropertyDetaii/PropertyDetail.aspx?parcel=08434515330001824&srchtype=ADV&owner—&streetno=1824&prefix=N... 1/1 16/03/2018 .pbcgov.com/papa/Asps/PropertyDetaii/PropertyDetai i.aspx?parcel=08434515330001818&srchtype=ADV&owner-&streetno=1818&prefixDOROTHYJACKS ... -. CFA A - PWM such cotfi* Location Address 1818 NE 6TH ST Municipality BOYNTON BEACH c Parcel Control Number 08-43-45-15-33-000-1818 Subdivision PRESERVE AT BOYNTON BEACH 9 CONDO Official Records Book 26453 Page 948 Sale Date NOV-2013 Legal Description PRESERVE AT BOYNTON BEACH 9 CONDO UNIT 1818 Mailing address Owners INVITATION HOMES-TAX DEPT C/O 1717 MAIN ST STE I1-13 PROPERTY FLORIDA LP 2000 DALLAS TX 75201 4657 Sales Date Price ORBook/Page Sale Type Owner i NOV-2013 $130,000 26453 /00948 WARRANTY DEED I1-13 PROPERTY FLORIDA LP JUN-2010 $215,000 23947/01918 WARRANTY DEED SMITH EDWARD C JR No Exemption Information Available. Number of Units 1 *Total Square Feet 1601 Acres Use Code 0400 -CONDOMINIUM Zoning 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 All values are as of January 1 st each year I Tax Year 2017 2016 2015 Assessed Value $112,000 $102,000 $93,500 Exemption Amount $0 $0 $0 Taxable Value $112,000 $102,000 $93,500 Tax Year 2017 2016 2015 Ad Valorem $2,392 $2,227 $2,162 Non Ad Vaiorern $218 $197 $197 Total tax $2,610 $2,424 $2,359 http:/ .pb ov.co /papa/ ps/PropertyDetall/Prope etaii.aspx?par l=0 515330001818&srchtype=ADV&owner=&streetno=1818&prefix= ... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetaii/PropertyDetaii.aspx?parcel=08434515290001205&srchtype=ADV&owner=&streetno=1743&prefix... l . $ CO Hormstead tEampUw 1 DOROTHYJACKS CFA,AM I " 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 Date 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 - 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 1 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.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&prefixDOROTHYJACKS ... r CFA,AAS ! ,t i c 3, Pro t x; Location Address 1747 NE 6TH ST Municipailty BOYNTON BEACH Parcei Controa Number 08-43-45-15-29-000-1206 Subdivision PRESERVE AT BOYNTON BEACH 12 CONDO Official Records Book 27878 Page 334 aie Date OCT-2015 Legal Description PRESERVE AT BOYNTON BEACH 12 CONDO UNIT 1206 ...:.ailing address Owners 3168 NW 88TH AVE VERGARA JESUS E SUNRISE FL 33351 7366 Sales Date Price OR Book/Page Sale Type Owner OCT-2015 $114,000 27878/00334 WARRANTY DEED VERGA JESUS E FEB-2014 $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 i MAR-2008 $239,990 22582 /01089 WARRANTY DEED SHAW BRAD E& No Exemption Information Available. Number of Units 1 *Totai Square Feet 1557 Acres Use Cade 0400-CONDOMINIUM tonin - Tax Year 2017 2016 2015 Improvement.Value $108,000 $98,000 $98,000 Value a Land Vl $0 $0 $0 r' i Total Market Value $108,000 $98,000 $98,000 All values are as of January 1 st each year Tax Year 20117 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 h p:/ .pbegov.co /papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=0 34515290001206&srchtype=ADV&owner=&streatno=1747&prefix= ... 1/1 16/03/2018 www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515290001207&srchtype=ADV&owner=&streetno=1751&prefix... cx c n DOROTHYJACKS IHoMat 1 MPUM CFA,AAS Pam&Wa i Location Address 1751 NE 6TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-29-000-1207 Subdivision PRESERVE AT BOYNTON BEACH 12 CONDO Official Records Bonk 26632 Page 567 Sale Date FEB-2014 Legal Description PRESERVE AT BOYNTON BEACH 12 CONDO UNIT 1207 1 Owners Mailing address CECIONI ALEJANDRO J & 6304 POWERLINE RD :CECIONI MARCO A FORT LAUDERDALE FL 33309 2020 Sales Date Price ORBook/Page Sale Type Owner FEB-2014 $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 /01905 WARRANTY DEED OSOWSKY DAWN No Exemption Information Available. Number of Units 1 *Total Square Feet 1601 Acres Use Code 0400 -CONDOMINIUM Zoning Tax Year 2017 2016 2015 Improvement Value $112,000 $102,000 $102,000 i 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 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 $21486 1 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... And ExeMption HoM�ecu a ft� 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 ORBook/Page Sale Type Owner APR-2016 $128,000 28274/01 364 WARRANTY DEED LIOLAS LLC OCT-2015 $0 27846/00675 CERT OF TITLE FEDERAL NATIONAL MORTGAGE ASSOCIATION DEC-2007 $249,990 22384/01438 WARRANTY DEED BLACK DWAYNE s No Exemption Information Available. i 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 $69,572 Exemption Amount $0 $0 $44,572 Taxable Value $108,000 $98,000 $25,000 Tax Year 2017 2016 2015 Act VMorern $2,306 $2,139 $708 Non Ad Valorem $218 $197 $197 Total tax $2,524 $2,336 $905 http:// .pbcgov.com/papa/Asps/PropertyDetail/Prope Detail.as x?par i=0 515290001208&srchtype=ADV&owner=&streetno=1755&prefix= ... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=08434515290001209&srchtype=ADV&owner—&streetno=1759&prefixDOROTHYJACKS ... ac i a r !!a'yW}fly Location Address 1759 NE 6TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-29-000-1209 Subdivision PRESERVE AT BOYNTON BEACH 12 CONDO s Official Records Book 26396 Page 258 Sale Date OCT-2013 Legal Description PRESERVE AT BOYNTON BEACH 12 CONDO UNIT 1209 Mailing address Ornery 2080 S OCEAN DR APT 712 AMANECER 88 LLC HALLANDALE FL 33009 6681 i Sales Date Price OR Book/Page Sale Type Owner OCT-2013 $143,000 26396/00258 WARRANTY DEED AMANECER 88 LLC JUN-2013 $110,000 26172 /01471 WARRANTY DEED FLORIDA FORECLOSURE MGMT LLC DEC-2007 $239,990 22384/01411 WARRANTY DEED POAG ERICA I No Exemption Information Available. i i Number of Units 1 *Total Square Feet 1601 Acres Use Code 0400 -CONDOMINIUM Zoning - 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 All values are as of January 1 st each year i Tax Year 2017 2016 2015 Assessed Valve $112,000 $102,000 $93,500 Exemption Amount $0 $0 $0 Taxable Value $112,000 $102,000 $93,500 I Tax Year 2017 2016 2015 Ad Vaiorern $2,392 $2,227 $2,162 Non Ad Valorem $218 $197 $197 Total tax $2,610 $2,424 $2,359 i I http:/l .pbcgov.co /papa/Asps/PropertyDeta!VPropertyDetall.aspx?parcel=0 34515290001209 srchtype=ADV&owner=&streatno=1759&prefix= ... 1/1 16/03/2018 www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetail.aspx?parcel=08434515290001210&srchtype=ADV&owner=&streetno=1763&prefix... ..... Homestod ExemptionDOROTHYJACKSr CFA, g� CFA,AAS i 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 Peet 1 557 Acres Use Code 0400 -CONDOMINIUM Zoning - Tax Year 2017 2016 2015 Improvement Value $108,000 $98,000 $98,000 I 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 20116 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 i h :/! .pbcgov.com/papa/ ps/PropertyDetail/Props etaii.aspx?par l=0 34515290001210&srchtype=ADV&owner= streetno=1763&prefix= ... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetaii/PropertyDetaii.aspx?parcel=08434515260001304&srchtype=ADV&owner=&streetno=1726&prefix... qy � DOROTHYJACKS r >-t,m�:�t:11.Gfua s ?u1t!—uiCFAI AAS ' 4Palm Beach Cam ty Pr opwV Appreftef 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 OR Book] age Sale Type Owner JAN-2016 $138,000 28083 /01384 WARRANTY DEED SAN FRANCISCO NAVIGATION LLC JAN-2016 $105,100 28055 /01577 WARRANTY DEED DALINO LLC NOV-201 5 $76,900 27907/01613 CERT OF TITLE HSBC BANK USA NA MAR-2008 $239,,990 22626/01614 WARRANTY DEED WRIGHT STEPHEN G & No Exemption Information Available. L Number of Units 1 *Total Square Feet 1 557 Acres Use Coe 0400-CONDOMINIUM Zoning Tax Year 2017 2016 2015 improvement Value $120,000 $110,000 $110,000 Land Value $0 $0 $0 Total Market Value $120,000 $110,000 $110,000 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $120,000 $110,000 $71,874 Exemption Amount $0 $0 $0 Taxable Value $120,000 $110,000 $71,874 Tax Year 2017 2016 2015 Ad Valorem $2,562 $2,401 $1,899 Nora Ad Valorem $218 $197 $197 Total tax $2,780 $2,598 $2,096 I http://www.pbcgov.com/papalAsps/PropertyDetaii/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&prefixDOROTHYJACKS ... a . 11, .i(.it 1-1 t rdf..i 1,i' �, •��F,pp\ Ary ,! r . . rb" rY A Location Address 1722 NE 6TH ST Municipality BOYNTON BEACH Pascal Control Number 08-43-45-15-26-000-1305 Subdivision 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 Mailing address Owner's 1722 NE 6TH ST UNIT 1305 MARQUES NEVILLE BOYNTON BEACH FL 33435 3508 Sales Date Price OR Book/Page Sale Type Owner DEC-2007 $239,990 22384/01375 WARRANTY DEED MARQUES NEVILLE Exemption Applicant/ wryer Year Detail MARQUES NEVILLE 2018 Number of Units 1 Total Square f=eet 1601 Acres Use Code 0400-CONDOMINIUM Zoning CTax 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 2415 Assessed Value $60,979 $59,725 $59,310 Exemption Amount $35,979 $34,725 $34,310 Taxable Value $25,000 $25,000 $25,000 I 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/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... _. ... DOROTHYJACKS «F w f 1 3 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 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 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... DOROTHYJACKS i Location Address 1826 NE 5TH ST UNIT 1405 Municipality BOYNTON BEACH ({ Parcel Control Number 08-43-45-15-27-000-1405 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. j Number of Units 1 *Total Square Feet 1601 Ages i Use Code 0400-CONDOMINIUM Zoning Tax Year 2017 2016 2015 Improvement Value $105,000 $95,000 $102,000 Land Value $0 $0 $0 Total Market Value $105,000 $95,000 $102,000 All values are as of January 1 st each year Tux Year 2017 2016 2015 Assessed Value $104,500 $95,000 $102,000 Exemption Annount $0 $0 $0 Taxable Value $104,500 $95,000 $102,000 Tax Year 2017 2016 2015 Ad Valorem $2,235 $2,074 $2,289 Non Ad Valorem $218 $197 $197 Total tax $2,453 $2,271 $2,486 http://www.pbcgov.com/papa/Asps/PropertyDetall/PropertyDetaii.aspx?parcel=08434515270001405&srchtype=ADV&owner=&streetno=1826&prefix=N... 1/1 16/03/2018 www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515300001503&srchtype=ADV&owner=&streetno=1819&prefix... chrc EMM' ptwOFAb DOROTHYJACKS 51 S,F + ,AASp o i 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 Owners Mailing address t WARD THOMAS W 1819 NE STH ST THOMAS W WARD TR TITL HLDR BOYNTON BEACH FL 33435 3505 ;.WARD THOMAS W TR Sales Date Price OR Book/Page Sale Type Owner JUN-201 7 $10 29185/01619 WARRANTY DEED WARD THOMAS W TR MAY-2015 $121,750 27557/01112 WARRANTY DEED WARD THOMAS W APR-2013 $80,000 26012/0091 1 WARRANTY DEED SAHAGUTAN HAMPARTZOUM MAR-2008 $239,990 22582/01424 WARRANTY DEED GODDEN LAUREN Exemption Applicant/Owner Year Detail 'WARD THOMAS W 2018 Number of Units 1 'Total Square Feet 1601 Acres Use Code 0400-CONDOMINIUM Zoning - � Tax Year 2017 2018 2015 irnprovernent Value $112,000 $102,000 $102,000 Land Valise $0 $0 $0 Total Market Value $112,000 $102,000 $102,000 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $53,495 $52,395 $93,500 Exemption Amount $53,495 $52,395 $0 Taxable Value $0 $0 $93,500 Tax Year 2017 2016 2015 Ad Valorem $237 $242 $2,162 Non Ad Valorem $218 $197 $197 Total tax $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&prefixDOROTHYJACKS ... co +q ll,7Lsaa,'?�tOfL 1\ Sl t\f,�v;' fl<Sai„9U.� }}g,tg,, '3 � �•. 0 Palmrat, r S 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/Pae Sale Type Owner JUL-2016 $144,800 28486/00774 WARRANTY DEED FAUBERT ERIC DEC-2013 $0 26514/01616 CERT OF TITLE FEDERAL NATIONAL MRTG ASSN DEC-2007 $239,990 22384/01491 WARRANTY DEED WEINSTEIN JASON No Exemption Information Available. Number of Units 1 *Total Square Feet 1601 Acres Use Code 0400-CONDOMINIUM Zoning 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 All values are as of January 1 st each year i Tax Year 2017 2016 2015 Assessed Value $112,000 $102,000 $93,500 Exemption Amount $0 $0 $0 Taxable Value $112,000 $102,000 $93,500 Tax Year 2017 2016 2015 Ad Valorem $2,392 $2,227 $2,162 Non Ad Valorem $218 $197 $197 L Total tax $2,610 $2,424 $2,359 u 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&prefixDOROTHYJACKS ... EXMr CRAM s � 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 Owners333 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 1 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 I' i 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/PropertyDetaii.aspx?parcel=08434515300001507&srchtype=ADV&owner=&streetno=1851&prefix... DOROTHYJACKS .y IiJ1U,iU\@iffl- )f t „iYh ,t t Its!Y. F} t l , , t ' } 1 Location Address 1851 NE STH 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 1 5925 PELOQUIN j 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. Number of Units 1 *Total Square Feet 1601 Acres Use Code 0400-CONDOMINIUM Zoning 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 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $112,000 $102,000 $102,000 t Exemption Amount $0 $0 $0 Taxable Value $112,000 $102,000 $102,000 Tax Year 2017 2016 2015 1 Ad Valorem $2,392 $2,227 $2,289 Non Ad Valorem $218 $197 $197 Total tax $2,610 $2,424 $2,486 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetall.aspx?parcel=08434515300001507&srchtype=ADV&owner=&streetno=1851&prefix=N... 1/1 Y. 1 _ X u _ _ y _ _ w w X X w X w X w MI �I w w X X w X w X w MI �I w w X w X w X w 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 $45,809 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 $45,809. 710 N Federal Highway ,' Boynton Beach, FL 33435 BOYNTON" Ph: 561-737-3256 Fax: 561-737-3258 RA WWW.boyntonbeachcra.com May 1 , 2018 Boynton Village, LLC Meryl Wolfe 2100 Hollywood Boulevard Hollywood, FL 33020 RE: Boynton Village LLC — Compliance Audit Dear Ms. Wolfe: am in receipt of the Compliance Audit breakdown for Boynton Village LLC which was received via email on April 23, 2018. 1 am not in agreement with the results of the audit due to a number of deficiencies as detailed below: 1. 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. 2. Auditor did not calculate percentages of eligible units based on back up Exhibit "E" to Agreements. 3. 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 $45,809 for 2017. 4. 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, 710 N Federal Highway Boynton Beach, FL 33435 BOYNTOI N' " C Ph: 561-737-3256 t,a „ Fax: 561-737-3258 B E AC R", RA wwwboyntonbeachcra.com default or short sale, the units were then owned by banks, LI-Cs, LPs or various corporations, some of which were sold to new homeowners. 5. The revised Incentive Calculation Payment to the Developer is $45,809. If you have any questions, please contact me at 561-600-9092. Sincerely, Vicki Hill Finance Director cc: Mike Simon, Executive Director Thuy Shutt, Assistant Director Tara Duhy, CRA Legal Counsel Attorneys at Law S L LW LEWIS M. LONGMAN lw-law.com WALKER Telsula C. Morgan tmorganollw-law.com Reply To.- West o:West Palm Beach MEMORANDUM TO: Michael Simon FROM: Tara Duhy Telsula C. Morgan DATE: May 3, 2018 SUBJECT: Cornerstone DIFA Enforcement As requested, below is a summary of Cornerstone's non-compliance with terms of the Direct Incentive Funding Agreement ("Agreement") between the Boynton Beach Community Redevelopment Agency and Boynton Village, LLC ("Developer") for fiscal year 2016. On December 19, 2006, the Boynton Beach CRA entered into an Agreement with Boynton Village, LLC to create 50 affordable homeownership opportunities for a project known as The Preserve. In order to offset, in part, the Developer's costs, the Boynton Beach CRA agreed to provide annual funding, for a period of 10 years, of Pledged Project Increment Revenues in accordance with Section 6.L(C) of the Agreement. As a condition precedent to obtaining annual funding, under Section 5.2 of the Agreement, the Developer is required to "provide written audited verification, at its sole costs and expense, of substantial completion and of compliance with the requirement to sell 50 Affordable Access Units." Further, Section 5.2.5 of the Agreement provides that disbursement of funds will only occur upon the CRA's acceptance of a properly documented and supported audit. Funding shall be disbursed by April I of the year following the corresponding ad valorem tax year. On February 20, 2018, the Developer submitted a request for disbursement of funding, along with its Compliance Audits for fiscal years 2016 and 2017. Because the Developer has not complied with Section 5.2 of the Agreement, which is a condition precedent to disbursement, the Developer is ineligible for Project Increment Revenues for the 2016 fiscal year. The required audit and supporting documents must be submitted annually in order to be considered by the Board for reimbursement no later than April 1 following the ad valorem tax year. Due to the Developer's failure to perform and submit the required audit and supporting documentation for fiscal year 2016 prior to April 1, 2017,the developer has forfeited its funding for 2016. Therefore, Cornerstone is ineligible for reimbursement. If you have any questions, or need further information, please do not hesitate to give me a call. JACKSONVILLE ST PETERSBURG TALLAHASSEE WEST PALM BEACH 15 Riverside Ave-Shite 150 100 Second Ave.Sou'ti,Suite 501-S 315 Soa nth Calhoun St Suite 230 1,5 Norti'1 t I aglo [)t. >ui F 1 5 X) J is ksoi iville,Florida 32202 St Petersburg,Florida 33701 Tallah tssee Florida 32:301 JVrst P li i Beach,I Gorda 33if)1 904.3,53 6410 � 11 727245.0820 T 850,'22 5702 1561.640,08'U F SiO4.' 619 1=. 727290,40-517 F:&50,224,9242 F: 561 640,8,202 See Things Differently 00 d O v Cl y R O N N R W R X N Cl) � > .-. C F V N LCCC R 0) y a y LL CO CO N > m t 7 } X O R X R R C ~ x y > 7 O X m F c 0) y N 01 e r .y. 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N O O d Z i+ H > O U d d N > J 'O > O 7 w 0) G1 W W d C 0 � � �' N N N o C O V Q N Q l!7 l4 U7 d N w Q O of d O d O >+ O C w 0 V O Q N Q � R O y II S N 0 � R CO) w O N O O v > i+ R �i U fl o N O N > y r W U O U p L! 7 C4 7 l4 an d G1 N .O N O N 7 d O 3 x aa) aa)c R CL N OL (B OL (B II C a1 V -0 N N CL F. �J � � a°i RLL > � o Croy ° ° � 7 J N N N oLO N r c� C ~ L) L)~ o w o� o) a` >,._ o a > R W 'N R 0 070 y (6 (6 d LL r U U LL p R y o O F x x I0 a0. O > Q > Q Z H 6 (� H Z d w - 2 - - t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 OLD BUSINESS AGENDAITEM: 13.F. SUBJECT: Consideration of Approval of System Audit Reports and Payments Release to Hart Seabourn Cove, LLC for the Properties known as Seabourn Cove - Phase I & Phase I I SUMMARY: The CRA entered into Direct Incentive Funding Agreements with Gulfstream Gardens, LLC on August 14, 2012 for the properties known as Seabourn Cove — Phase I and Phase I I (see Attachment 1). The properties were purchased by Hart Seabourn Cove, LLC on December 18, 2012. In August 2013, the CRA Board approved amendment of the Agreements to properly allocate the electric charging stations between the two Agreement Phases (see Attachment 11). The term of the Agreements are for a period of ten years and an annual Systems Audit is required based on achieving Gold Rating National Green Building standards. The annual audit report is first transmitted to the City's Development Services Department for compliance review and approval, then to the CRA staff for review and finally to the CRA Board for approval. Payments to the developer will be made once the following conditions are met (section 5.3.4 of the Agreements): (1) The CRA's acceptance of a properly documented and supported audit report by the CRA Board; (2) Final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year; and, (3) Documents evidencing payment by the developer of ad valorem taxes for the preceding year(see Attachment 111). On April 17, 2018, the CRA received the required Systems Audit and City compliance verification (see Attachment IV) as required in Section 5.3 of the Agreements, as well as verification of tax payment. The Systems Audit is in compliance with the Agreement. The Increment Revenue Calculation Worksheets (see Attachment V & VI) indicate the financial breakdown to determine the amount of the annual reimbursement as show below: • Phase I - an estimated payment of $388,229 (fifth year of ten consecutive payments) • Phase I I — an estimated payment of $163,004 (fourth year of ten consecutive payments) The payment amounts may be adjusted once the tax rolls for 2017 are certified by the Property Appraiser and the CRA is given notice of the new assessments within the CRA District. The final tax certification is typically completed in May to July of the subsequent tax year (for example, May to July 2018 for the 2017 tax year). Staff recommends the CRA Board accept the Systems Audit reports and approve the payment, preliminarily estimated at $388,229 for Phase I and $163,004 for Phase 11. Once the 2017 tax rolls are certified by the Palm Beach County Property Appraiser, the payment to the developer will be adjusted up or down depending on the final certified taxable value of the property. FISCAL IMPACT: Budgeted in Project Fund, Line Item: 02-58400-443 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Redevelopment Plan-Federal Highway District CRA BOARD OPTIONS: 1. Approve DIFA payments to Hart Seabourn Cove, LLC once the Property Appraiser certifies the 2017 tax rolls and the incentive award is recalculated based on the final 2017 certified tax value for Seabourn Cove-Phase I and Phase II. 2. Do not approve DIFA payments to Hart Seabourn Cove, LLC once the Property Appraiser certifies the 2017 tax rolls and the incentive award is recalculated based on the final 2017 certified tax value for Seabourn Cove-Phase I and Phase II. ATTACHMENTS: Description D Attachment I - DIFAAgreements for Phase I and Phase II D Attachment II - DIFAAmendments D Attachment III - Proof of paid taxes D Attachment IV - Performance Audit D Attachment -TIF Calculation Phase I D Attachment VI -TIF Calculation Phase II Gulfstream Gardens/Seabourn Cove Phase I DIRECT INCENTIVE FUNDING AGREEMENT This i an agreement (hereinafter "Agreement") entered into as of the 1i day of w ,2012,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 710 North Federal Highway,Boynton Beach,Florida 33435. and GULFSTREAM GARDENS,LLC, a Florida limited liability company, with a business address of 601 Bayshore Boulevard, Suite 650, Tampa, Florida 33606 (hereinafter collectively referred to as the "Developer")and/or assigns,provided such are affiliates of the Developer. RECITALS: WHEREAS, as part of its strategy to"encourage large-scale projects,which define new markets, quality, innovation and character in the CRA area" the CRA has adopted a Direct Incentive Program dated March 22,2004 (hereinafter the"Direct Incentive Program"); and WHEREAS, this Agreement pertains to Direct Incentive funding for that certain project currently referred to as Seabourn Cove Phase I, City File No. NWSP 12-001, located on property further described on Exhibit"A"within the CRA boundaries; and WHEREAS, at the March 13, 2012 meeting of the CRA Board, the CRA Board of Directors (hereinafter "CRA Board") by appropriate action made the Project eligible for 50% of the maximum incentive permissible under the Direct Incentive Program, subject to approval of a mutually acceptable Direct Incentive Funding Agreement(i.e.,this Agreement); and WHEREAS, this Direct Incentive Funding Agreement is not intended to be a "Development Agreement"within the meaning of Florida Statutes, Section 163.3221; and WHEREAS, at its March 13, 2012 meeting, the CRA Board approved this Direct Incentive Funding Agreement. 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 Direct Incentive Funding Agreement and are incorporated herein. Section 2. Definitions. As used in this Direct Incentive Funding Agreement, the following terms shall have the following meanings: "Affiliate" means a company or corporation that the Developer maintains any ownership interest in. Page 1 of 15 "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. "Base Value" means the assessed value of the Project as determined by the Palm Beach County Property Appraiser prior to construction of the improvements and as reflected in Exhibit "B" attached hereto. "Certification" means the credential or process for the National Association of Home Builders Research Center which issues National Green Building Certification to all types of residential construction; new or remodeled single-family homes, new or remodeled multifamily buildings, and residential land developments that meet the criteria of the ICC 700-2008 National Green Building Standard. "City"means the City of Boynton Beach,Florida. "Commence" or "Commencement" as such terms relate to the commencement of construction of the Project as required hereunder, means the issuance by the City of the permit required for the commencement of vertical construction and the commencement of such vertical construction pursuant to and in accordance with such permit. "Developer" means Gulfstream Gardens, LLC and any assignee or transferee of Gulfstream Gardens, LLC that is permitted under this Agreement, from and after the date of such permitted assignment or transfer. "Electric Vehicle or EV Charging Station" means an electric recharging point, charging point and EVSE (Electric Vehicle Supply Equipment), that supplies electric energy for the recharging of electric vehicles or plug-in hybrid electric-gasoline vehicles. "Gold Rating National Green Building Standard"The National Association of Home Builders' (NAHB) Green Building Program based upon American National Standard Institute approved ICC 700- 2008 National Green Building Standard. The Standard defines green building for single- and multifamily homes, residential remodeling projects, and site development projects while still allowing for the flexibility required for regionally-appropriate best green practices. To comply with the Standard, a builder or remodeler must incorporate a minimum number of features in the following areas: lot and site development; energy, water, and resource efficiency; indoor environmental quality; and home owner education. The Gold Rating requires 558 Performance Point inclusive of 100 "Additional Points" under the program. "Pledged Project Increment Revenues" means the variable disbursement to the Developer equal to 50% of the Project Increment Reicnucs. An example of how the Pledged Project Increment Revenues are calculated is shown in Exhibit`B". "Project" means that certain land development project currently referred to as Seabourn Cove, Phase I, City File No. NWSP 12-001, located on property further described on Exhibit "A" within the CRA boundaries. "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 Proj ect. "Property"means the real property described on Exhibit"A". Page 2 of 15 "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. "Site Plan"means the site plan for the Project, a copy of which is attached hereto as Exhibit"E" approved by Resolution R09-176 on January 4,2009. "Systems Audit" means a review of the National Green Building Standard checklist from original inspections and certification of the units to confirm ongoing compliance, blower door testing to confirm readings are in compliance with original testing and duct blaster testing to confirm readings are in compliance with original testing. "Substantial Completion" or "Substantially Complete" means the completion of 90% of the Project's units, as evidenced by issuance of a certificate of occupancy for such units. "Tax Collector"means the duly elected tax collector for Palm Beach County,Florida. "Tax Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Unit"means a single residential dwelling within the Project. "Unit Type"means a Type I(A), II(B, C,D)or M(B, C, D) designation based on the unit floor plan approved in the Site Plan. 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's Oblizations—Construction. 4_1 Developer agrees to construct the units for the Project as described in the Site Plan and to obtain the Gold Rating of the National Green Building Standard as set out therein. The Site Plan may be modified from time to time by Developer in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach; provided, however, that the Developer shall not have the right to reduce the number of residential units, reduce the energy efficiency of the units, eliminate the EV Charging Station or to make any other change which would substantially reduce the taxable value of the Project without the prior approval of the CRA. "Substantially" as used in this Section means any change that would require a major Site Plan Modification from the City of Boynton Beach. 4_2 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 Ser%ices within thirty-six(36)months immediately preceding the Effective Date. Section 5. Certification Requirements. The Project has been modeled to obtain a Gold Rating under the National Green Building Standard. As a condition precedent to its receipt of any funds pursuant to this Agreement, the Developer and its successors or assigns, shall provide evidence that the Page 3 of 15 units have received a Gold Rating under the National Green Building Standard. The Developer shall also provide third party verification that the units comply with the standards for the Gold Rating pursuant to the National Green Building Standard for the duration of Direct Incentive Funding Agreement. Implementation of the Certification requirements shall be as follows: 5.1 Certification and Occupant Education. 5.1.1 Gold Rating Standard. Developer has prepared a "Designer's Report" attached hereto as Exbibit "C" outlining the necessary components for compliance with the ICC-700 rating system and practices required under the National Green Building Standard to receive a Gold Rating. This will require a level of Gold for each section inclusive of 100 "Additional Points" available under the program. Certification that this standard is met will be accomplished through the National Association of Home Builders Resource Center as overseer of the program at the Developer's expense. 5.1.2 Initial Certification. The Developer will provide evidence of certification meeting the Gold Rating of the National Green Building Standard including two inspections for each apartment including a pre-drywall and final inspection. A detailed checklist will be created and all the components and practices will be listed to show individual unit compliance with the Gold Rating. The checklists and reports shall be submitted to the City's Development Services Department within fifteen(15) days of completion. 5.1.3 Occupant Manuals and Training. The Developer shall produce and distribute a building occupant's manual identifying the green attributes of each unit and the Project. This manual shall also include any manufacturer's information or product data for equipment, fixtures, and appliances. Through the manual, occupants will be familiarized with the green building practices implemented and the impact of occupants' activities on costs of operating the building. The manual shall include a narrative detailing the importance of constructing a green building, including a list of green building attributes included in the building; the green building program certificate (copy of the National Green Building Standard or sometimes referred to as the "NGBS") with measures achieved and the warranty, operation, & maintenance instructions for all equipment, fixtures, appliances, & finishes as per requirements of Chapter 10 of the Designers Report of NGBS. Training will also be provided regarding all equipment operation and control systems at the cost of the Developer. 5.1.4 Installation and Maintenance of Electric Vehicle Charging Stations. The Developer shall install at the Project two Electric Vehicle Charging Stations. Proof of installation of the EV Stations shall be submitted to the City's Development Department upon completion of the Project. Developer or its assigns shall be responsible for the electrical expense and maintenance of the EV charging stations throughout the term of this Agreement. 5.2 Non-Discrimination. The Developer, its successors and assigns, agree that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination in the lease of any Units provided for in this Agreement. Should such discrimination occur, the CRA will provide notice to the Developer of a breach of this condition and thereafter, Developer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is independent of any other actions being taken by other agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision. If Developer does not demand arbitration within fifteen(15) days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate this Agreement and Page 4 of 15 pursue any and all other lawful remedies.The cost of such arbitration shall be borne by the non-prevailing party. Such non-prevailing party shall be determined by the arbitrator. 5_3 Systems Auditing. Prior to receiving any annual allotment of incentive grant funds, Developer shall provide written evidence, at its sole cost and expense, satisfactory to the CRA in its sole discretion, of continued compliance in all material respects by the Developer with all agreed upon Gold Rating National Green Building standards set forth in this Agreement. On an annual basis, the Developer will perform a systems audit on thirty-two (32) Units each year for the next ten (10) years as evidence that the Units continue to meet the Gold Rating of the National Green Building Standard and ensure that the EV Charging stations are in working order. This auditing process is based on the schedule attached and contained within Exhibit"D". 5.3.1 This systems audit shall be conducted by an independent auditor, selected and paid for by the Developer with the approval of the CRA. 5.3.2 The examinations and opinions required under this Section must be conducted in accordance with the definition of systems auditing contained in Section 2 of this Agreement. 5.3.3 The auditing Reports will be transmitted to the City's Development Services Department on an annual basis for duration of the Agreement indicating the units' compliance with the Gold Rating of the National Green Building Standard. Each annual performance audit must be submitted to the CRA no later than the last day of April for the preceding year. The CRA shall accept the audit or, should it make the determination that there are deficiencies with the audit and/or documentation for the audit, shall so notify the Developer in writing, within twenty(20) days of receipt of Audit Report. In the event of notification of deficiencies by the CRA, distribution of funding shall be suspended until resolution of the dispute regarding compliance. 5.3.4 Disbursement of Direct Incentive Program Funds shall occur upon (1) the CRA's acceptance of a properly- documented and supported audit Report by the CRA Board, (2) final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year, and (3) documents eNidencing payment by the developer of ad valorem taxes for the preceding year. 5_4 Inspection. Upon ten(10) business days prior written notice and at any time during normal business hours and as often as the CRA deems necessary, there shall be made available by the Developer to the CRA for examination, all of its records with respect to all matters cohered by this Section. The CRA reserves the right to require copies of such records and/or to conduct an inspection of the Developer's records regarding performance measures at an} time for any period covered by this Section of the Agreement, all at the CRA's cost and expense. Any delay in the production of documents requested by the CRA shall toll the CRA's time for review of a request for distribution of funds. 5_5 Non-Compliance. In any year in which the systems audit discloses that Developer is in non-compliance in any material respect with Gold Rating of the National Green Building Standard, the Developer may be deemed in default and the CRA will be entitled to the remedies set forth in Section 8 below, After the exhaustion of all opportunities to cure available to Developer as set forth in Section 8, then at the option of the CRA, the Direct Incentive Funding for the Developer may be reduced as follows: 5.5.1 If after the annual audit determines that any of the units have fallen below the Gold Rating, and Developer has had the opportunity to cure under Section 8 below, the CRA shall withhold the annual Pledged Project Increment Revenue payment. Page 5 of 15 5.5.2 Exceeding the agreed upon requirements of the Gold Rating of the National Green Building Standard in any given subject year shall not entitle the Developer to additional funding under this Agreement or to a credit or set-off against any reduction in funds due to failure to meet the Gold Rating of the National Green Building Standard hereunder. Section 6. Direct Incentive Funding. The direct incentive funding provided for under this Agreement is granted to the Developer for the purpose of offsetting, in part, the Developer's cost of maintaining the energy efficiency improvements and/or programs within the Project. 6.1 Direct Incentive FundinLy 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, an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section 5 above due to the failure of the Developer to comply with the Gold Rating of the NGBS. 6_2 Commencement and Conditions of Funding. The ten (10) year term for the receipt of incentive funding shall commence in the year that the following conditions are met: A. The Project is Substantially Complete; B. The completed improvements of the Project have been placed on the Tax Roll; C. The CRA has received Project Increment Revenues from such improvements; D. Systems Audit Report is received and found acceptable by the City and CRA; and E. An annual report is made to the CRA Board by the Developer of the status of the project at the next regularly scheduled meeting of the Board. 6.3 Disbursement of Funds. Subject to the conditions provided herein, the Pledged Project Increment Revenues shall be disbursed to the Dev=eloper upon (1) the CRA's acceptance of a properly documented and supported audit Report, (2) final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year, and (3) documents evidencing payment by the Developer of ad valorem taxes for the preceding year. There is no obligation by the CRA to disburse the Pledged Project Increment Revenue during the cure period or if the Developer is in default of this Agreement. 6.4 No Pledge of Pledted Project 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. Page 6 of 15 Section 7. Restrictive Covenant. Upon completion of the improvements of the Project and prior to the issuance of final certificates of occupancy by the City, the Developer shall create a Restrictive Covenant Agreement meeting the requirements outlined in this Agreement. The Restrictive Covenants shall be approved by the CRA which shall not be unreasonably withheld or delayed or conditioned. Such documents, which shall be recorded, shall contain restrictive covenants which shall include,at least,the following terms: 771 Certification Restrictive and Occupant Manual Covenants. The restrictive covenants governing Certification shall include the following: 7.1.1 All units shall be certified to achieve the Gold Rating of the National Green Building Standard and no restrictions shall be adopted which prohibit or limit the ability to achieve or maintain that standard. Two EV Charging Stations shall also be placed on site as reflected on Exhibit 64EP9 7.1.2 A manual identifying the green attributes of each unit and the Project shall be maintained to familiarize building occupants with the green building practices implemented and the impact of occupants' activities on costs of operating the building. Training will also be provided regarding all equipment operation and control systems at the cost of the Developer. 7.1.3 The Restrictive Covenants shall terminate at such time as this Agreement terminates pursuant to this Agreement,including but not limited to Section 4 and Section 8. 7.2 Systems Auditing Restrictive Covenants. The restrictive covenants governing the Systems Auditing shall contain the following: 7.2.1 On an annual basis, the Developer will perform a systems audit on thirty- two (32) Units each year for the next ten (10) years as evidence that the Units continue to meet the Gold Rating of the National Green Building Standard and ensure that the EV Charging stations are in working order. This auditing process is based on the schedule attached and contained within Exhibit"D", 7.2.2 The Developer shall have the right to access the audited units to complete the Systems Audits described herein for the duration of this Agreement. 7.2.3 The Developer shall provide the Systems Audit Report to the City's Development Ser0ces Department on an annual basis, beginning April 30th in the year in which funding begins pursuant Section 6.2 and no later than April 30th of each year thereafter for duration of this Agreement indicating the units' compliance with the Gold Rating of the National Green Building Standard. Section 8. Events of Default,Remedies and Termination. 8.1 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: Page 7 of 15 8.1.1 Any representation by the Developer or its agents or representatives in or in connection with this Agreement or the Direct Incentive Program Application is inaccurate or incomplete or false in any material respect. 8.1.2 The vacating, abandoning, or closing of the Developer's business except transfer for a permitted assignment or of such corporate entity. 8.1.3 The failure of the Developer 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 the Developer or such failure continues for a period of thirty (30) days after written notice thereof from the CRA to the 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. 8.1.4 The making by Developer of any general assignment, or general arrangement for the benefit of creditors; 8.1.5 The filing by or against Developer of a petition to have the Developer adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy unless,in the case of a petition filed against the Developer,the same is dismissed within sixty(60)days; 8.1.6 Appointment of a trustee or receiver to take possession of substantially all of Developer's assets,where possession is not restored to Developer within sixty(60) days; or 8.1.7 The attachment, execution or other judicial seizure of substantially all of Developer's assets where such seizure is not discharged within thirty(30)days. 8.1.8 Should the Site Plan or building permit expire at any time, and within sixty (60) days thereof and Developer does not apply a for a renewal or extension, then this Agreement shall terminate and be of no further force and effect. 8.1.9 Should the Developer modify the Site Plan without approval from the City then this Agreement shall terminate and be of no further force and effect. 8_2 Remedies. Upon the occurrence of any one or more of the foregoing events set forth in Section 8.1, CRA shall at its option., give notice in writing to the Developer to cure its failure of performance if such failure may be cured. Upon the failure of Developer to cure within (90) days, CRA may exercise any one or more of the following remedies: 8.2.1 Terminate this Agreement upon not less than fifteen (15) days notice, by certified letter to the Developer at the address specified in Section 9.5 of this Agreement, such notice to take effect when delivered to the Developer. 8.2.2 Commence a legal action for the judicial enforcement of this Agreement. 8.2.3 Withhold the disbursement of any payment or any portion of a payment. 8.2.4 Take any other remedial actions that may otherwise be available under law. Page 8 of 15 8_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. 8_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 fiuther exercise thereof. 8_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. 8.6 Remedies Under Bankruptcy and InsolveneV 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. 8_7. Termination. The obligations of Developer and CRA shall terminate upon the earlier of(i) 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; or (ii) failure by the Developer to complete the Project by June 1,2013,unless extended as provided therein. Section 9. General Conditions. 9.1 CRA's Maintenance of Records and Annual Account Fundine. 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 Page 9 of 15 CRA and the 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. 9_2 Successors and Assigns. The CRA and Developer each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Prior to Substantial Completion of the Project, this Agreement may not be assigned by the Developer without the prior written consent of the CRA. After Substantial Completion this Agreement may be transferred by the Developer; provided, however, that any assignee thereto shall specifically assume all of the obligations of the Developer under this Agreement.Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and the Developer. In the event that the CRA determines that the Developer is in violation of this paragraph, the CRA shall have the right to terminate this Agreement and to seek repayment of the funds paid by the CRA to the Developer. Notwithstanding anything to the contrary contained in this section, prior to the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer with the consent of CRA, such consent not to be unreasonably withheld. Such assignment shall not relieve the Developer of any of its obligations or duties as set forth herein. After the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer without the consent of but with at least 10 days notice to CRA. 9_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. 9_4 Indemnification and Hold Harmless. The Developer agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, employees and elected officers and each of them, 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. The 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. This paragraph shall survive the termination of the Agreement. 9_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 sen-c 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 9.5 as a"Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or(iii) a recognized national courier service,addressed as follows: If to Developer: Gulfstream Gardens,LLC 601 Bayshore Boulevard, Suite 650 Tampa,Florida 33606 Page 10 of 15 If to CRA: Boynton Beach Community Redevelopment Agency 710 N.Federal highway Boynton Beach,Florida 33435 With a copy to: James Cherof Goren,Cherof,Doody&Ezrol 3099 East Commercial Boulevard,Suite 200 Fort Lauderdale,FL 33308 Tel: 954-7714500 Fax: 954-7714923 9.5.1. 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. 9.5.2. 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. 996 Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 9_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 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. 9_8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any Exhibit not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. 9_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. 9.10 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. 9.11 Headings. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 9.12 Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. 9.13 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and the Developer(or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and Page 11 of 15 obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. Section 10. Recordins. 10.1 This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 10.2 Any obligation so created by this Agreement shall be effective as a lien only upon the recording of such lien and shall be subordinate to any mortgage applicable to such property. Notwithstanding the foregoing, nothing herein contained shall be construed as creating an obligation hereunder upon any mortgagee or holder of other security interest including deed of trust prior to said Mortgagee or holder acquiring title by foreclosure or otherwise. 10.3 Nothing contained in this Amendment shall be deemed to be a right in favor of, or a duty to, the general public or any tenant occupant, invite, trespass or person or entity of any other status or classification for any reason, use or purpose whatsoever, whether public or private, it being the intention of the parties hereto that nothing in this Agreement, expressed or implied, shall confer upon any person or entity any such right or duty. Rights granted to, or duty in favor of, a third party beneficiary are neither intended nor granted. 10.4 CRA Specifically grants to Developer the right to obtain a mortgage for the development, construction and ownership of the Project. CRA understands, acknowledges and agrees that this Agreement, including but not limited to the Restrictive Covenant Agreement contemplated by Section 7, and each and every other obligation, term and condition of this Agreement is subordinate to such mortgage, its modifications and amendments, changes or replacements, and for all purposes, such mortgage shall be, and treated as, prior in right and time to this Agreement. CRA shall, if requested, execute such additional documents in recordable form as may be necessary or convenient to evidence this promise and pro`ision. Section 11. Total or Partial Destruction. 11.1 If the Project shall be damaged by fire, the elements, unavoidable accident or other casualty, so that compliance in any material respects by the Developer with the agreed upon gold rating national green building standards as set forth in this Agreement is impossible, interrupted or frustrated, or if as a result of such damage by fire, the elements, unavoidable accident or other casualty, the obligations, terms and conditions of this Agreement cannot be carried out by the Developer, the Agreement shall nonetheless remain in full force and effect so long as the Developer commences within thirty (30) days of the event restoration and repairs and diligently pursues such repair and/or restoration until completion. It is understood, acknowledged and agreed that in the event of damage that exceed the normal and customary insurance deductable of the Developer that Developer must apply for and then receive insurance proceeds in order to commence restoration and repair. So long as the Developer timely applies for and is diligently pursuing the receipt of such insurance proceeds, Developer shall have complied with the preceding requirement provided such repairs and restoration are completed within six (6) months of the dates of the event. In the event of a natural disaster, Act of God or similar major catastrophe the parties acknowledge, understand and agree that performance as to repair or restoration may not be possible within the time frames stated above and the Developer shall be given such time as is reasonable to commence repairs and restoration and to complete same. During the period that the Project is being repaired and restored, the CRA shall have no obligation to disburse Pledged Project Increment Revenues. Page 12 of 15 11.2 This Section 11 shall be paramount to all other provisions of this Agreement, including but not limited to Section 4 and Section 8. [SIGNATURES ON FOLLOWING PAGES] Page 13 of 15 IN ESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. WITNESSES GULFSTREAM GARDENS,LLC a Florida limited 1' laity company By: Print Name: 1 Print Name: Title: c Print N STATE OF FLORIDA ) SS: COUNTY OF CC BEFORE ME, ancer duly authorized by law to administer oaths and take acknowledgments, personally appeared as r of GULFSTREAM GARDENS, LLC, and acknowledged under oath that he/she has exe6uted the foregoing Agreement as the proper official of GULFSTREAM GARDENS, LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of GULFSTREAM GARDENS, LLC. He/she is. lmown to mee�r has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this y of_ 2012. My Commission Expires: Notary Public, State of Florida at RIPE COF_trlN rvoTARr PUBLIC STATE OF FLORIDA com EE17'0321 Expires 2/15/2U 16 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [CITY SIGNATURE ON FOLLOWING PAGE] Page 14 of 15 WITNESSES BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print ame: Woodrow Hay, CRA Chairman Print Name: STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authori ed by law to admi 'ser oaths and take acknowledgments, personally appeared rk7pft as _ of BOYNTON BEACH COMMUNITY REDEVELOPM A ENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY CRED= AGENCY, for the use and purposes mentioned herein and that the instrument is the d of B ON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me or as produced as identification. ITNESS OF FOREG ING, I have set my hand and official seal at in the State and County aforesaid on this day of 2012 "X My Commission Expires: otZT Public, State of Florida at Large THERESA UTTERBACK ® My Comm.Exphs Jan 11,2014 951135 •, l it Wy n. Page 15 of 15 Exhlbit "A' Phase 1 ALL OF GULFSTREAM GARDENS,ACCORDING TO THE PLATTHEREOF AS RECORDED IN PLAT BOOK 107,PAGES 175 AND 176, OF THE PUBLIC RECORDS OF PALM BEACHCOUNTY, FLORIDA. SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 673,459.95 SQUARE FE (15.461 ACRES),MORE OR LESS. Exhibit ®. " Phase I ESTIMATED PLEDGED PROJECT INCREMENT REVENUE CALCULATION WORKSHEET Value of the Project prior to Redevelopment(BASE YEAR) 2011 PCN 08-43-46-04-37-001-0010 $ 450,000 PCN 08-43-46-04-37-001-0020 $ 1,515,000 PCN 08-43-46-04-37-001-0030 $ 135,000 PCN 08-43-46-04-37-001-0040 $ 1,020,000 TOTAL $ 3120 000 Value of the Project after Redevelopment(308 units@ $85,000 each) $ 26,180,000 ($85,000 based on Las Ventanas assessed value) Project Increment $ 23,060 000 TIF Revenue=(95%of Project Increment X(City Millage f County Millage) City Millage Rate* 0.0071941 City TIF Contribution=95%of Project Increment X City Millage $ 157,601 County Millage Rate* 0.0047815 County Contribution=95%of Project Increment X County Millage $ 104,748 *Millage Rates are set annually by the City and County as part of their respective budget processes. Annual TIF Revenue created by Project $ 262,349 Incentive Award=Award Factor X TIF Revenue created by Project Award Factor 50% Total Estimated Pledged Project Increment Revenue to Developer(Annually) $ 131,175 Total Remaining with CRA $ 131,175 Years of Pledged Revenue $ 10 Estimated Total Pledged Project Increment Revenue Over Tenn $ 1,311,747 NOTES: The developer incentive ay.and calculations are based on City and County millage rates that are adjusted annually and finalized by September 30 of each year. EXHIBIT "C" VEMWATMREPORT-MATO"OMM RULMW 4rrMMM �rrr��ec wMwMAdMMw zpcMbduo= owdualkinkM L=l ,e,ate 2 11011MI r"Mile "Pt , ., MiI1S11olkMkilid 4 4 WA Mia ! d 0 li! 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RECITALS: WHEREAS, as part of its strategy to "encourage large-scale projects,which define new markets, quality, innovation and character in the CRA area" the CRA has adopted a Direct Incentive Program dated March 22,2004(hereinafter the"Direct Incentive Program"); and WHEREAS, this Agreement pertains to Direct Incentive funding for that certain project currently referred to as Seabourn Cove Phase II, City File No. NWSP 12-001, located on property further described on Exhibit"A"within the CRA boundaries; and WHEREAS, at the March 13, 2012 meeting of the CRA Board, the CRA Board of Directors (hereinafter "CRA Board") by appropriate action made the Project eligible for 50% of the maximum incentive permissible under the Direct Incentive Program, subject to approval of a mutually acceptable Direct Incentive Funding Agreement(i.e.,this Agreement); and WHEREAS, this Direct Incentive Funding Agreement is not intended to be a "Development Agreement"within the meaning of Florida Statutes, Section 163.3221; and WHEREAS, at its March 13, 2012 meeting, the CRA Board approved this Direct Incentive Funding Agreement. 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 Direct Incentive Funding Agreement and are incorporated herein. Section 2. Definitions. As used in this Direct Incentive Funding Agreement, the following terms shall have the following meanings: "Affiliate"means a company or corporation that the Developer maintains any ownership interest in. Page 1 of 15 "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. "Base Value" means the assessed value of the Project as determined by the Palm Beach County Property Appraiser prior to construction of the improvements and as reflected in Exhivit "B" attached hereto. "Certification" means the credential or process for the National Association of Home Builders Research Center which issues National Green Building Certification to all types of residential construction; new or remodeled single-family homes, new or remodeled multifamily buildings, and residential land developments that meet the criteria of the ICC 700-2008 National Green Building Standard. "City"means the City of Boynton Beach,Florida. "Commence" or "Commencement" as such terms relate to the commencement of construction of the Project as required hereunder, means the issuance by the City of the permit required for the commencement of vertical construction and the commencement of such vertical construction pursuant to and in accordance with such permit. "Developer" means Gulfstream Gardens Phase II, LLC and any assignee or transferee of Gulfstream Gardens Phase 11, LLC that is permitted under this Agreement, from and after the date of such permitted assignment or transfer. "Electric Vehicle or EV Charging Station" means an electric recharging point, charging point and EVSE (Electric Vehicle Supply Equipment), that supplies electric energy for the recharging of electric vehicles or plug-in hybrid electric-gasoline vehicles. "Gold Rating National Green Building Standard"The National Association of Home Builders' (NAHB) Green Building Program based upon American National Standard Institute approved ICC 700- 2008 National Green Building Standard, The Standard defines green building for single- and multifamily homes, residential remodeling projects, and site development projects while still allowing for the flexibility required for regionally-appropriate best green practices. To comply with the Standard, a builder or remodeler must incorporate a minimum number of features in the following areas: lot and site development; energy, water, and resource efficiency; indoor environmental quality; and home owner education. The Gold Rating requires 558 Performance Point inclusive of 100 "Additional Points" under the program. "Pledged Project Increment Revenues" means the variable disbursement to the Developer equal to 50% of the Project Increment Revenues. An example of how the Pledged Project hlcrement Revenues are calculated is shown in Exhibit"B". "Project" means that certain land development project currently referred to as Seabourn Cove, Phase IZ, City File No. NWSP 12-001, located on property further described on Exhibit L°A" within the CRA boundaries. "Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Project. "Property"means the real property described on Exhibit"A". Page 2 of 15 "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. "Site Plan"means the site plan for the Project, a copy of which is attached hereto as Exhibit"E" approved by the City of Boynton Beach on March 20,2012. "Systems Audit" means a review of the National Green Building Standard checklist from original inspections and certification of the units to confirm ongoing compliance, blower door testing to confirm readings are in compliance with original testing and duct blaster testing to confirm readings are in compliance with original testing. "Substantial Completion" or "Substantially Complete" means the completion of 90% of the Project's units, as evidenced by issuance of a certificate of occupancy for such units. "Tax Collector"means the duly elected tax collector for Palm Beach County,Florida. "Tax Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Unit"means a single residential dwelling within the Project. "Unit Type"means a Type I(A),H(B, C,D) or III(B, C,D) designation based on the unit floor plan approved in the Site Plan. 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's Obligations—Construction. 4_1 Developer agrees to construct the units for the Project as described in the Site Plan and to obtain the Gold Rating of the National Green Building Standard as set out therein. The Site Plan may be modified from time to time by Developer in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach; provided, however, that the Developer shall not have the right to reduce the number of residential units, reduce the energy efficiency of the units, eliminate the EV Charging Station or to make any other change which would substantially reduce the taxable value of the Project without the prior approval of the CRA. "Substantially" as used in this Section means any change that would require a major Site Plan Modification from the City of Boynton Beach. 4.2 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. Certification Requirements. The Project has been modeled to obtain a Gold Rating under the National Green Building Standard. As a condition precedent to its receipt of any funds pursuant to this Agreement, the Developer and its successors or assigns, shall provide evidence that the Page 3 of 15 units have received a Gold Rating under the National Green Building Standard. The Developer shall also provide third party verification that the units comply with the standards for the Gold Rating pursuant to the National Green Building Standard for the duration of Direct Incentive Funding Agreement. Implementation of the Certification requirements shall be as follows: 5_1 Certification and Occupant Education, 5.1.1 Gold Rating Standard. Developer has prepared a "Designer's Report" attached hereto as Exhibit "C" outlining the necessary components for compliance with the ICC-700 rating system and practices required under the National Green Building Standard to receive a Gold Rating. This will require a level of Gold for each section inclusive of 100 "Additional Points" available under the program. Certification that this standard is met will be accomplished through the National Association of Home Builders Resource Center as overseer of the program at the Developer's expense. 5.1.2 Initial Certification. The Developer will provide evidence of certification meeting the Gold Rating of the National Green Building Standard including two inspections for each apartment including a pre-drywall and final inspection. A detailed checklist will be created and all the components and practices will be listed to show individual unit compliance with the Gold Rating. The checklists and reports shall be submitted to the City's Development Services Department within fifteen(15) days of completion. 5.1.3 Occupant Manuals and Training. The Developer shall produce and distribute a building occupant's manual identifying the green attributes of each unit and the Project. This manual shall also include any manufacturer's information or product data for equipment, fixtures, and appliances. Through the manual, occupants will be familiarized with the green building practices implemented and the impact of occupants' activities on costs of operating the building. The manual shall include a narrative detailing the importance of constructing a green building, including a list of green building attributes included in the building; the green building program certificate (copy of the National Green Building Standard or sometimes referred to as the "NGBS") with measures achieved and the warranty, operation, &maintenance instructions for all equipment, fixtures, appliances, & finishes as per requirements of Chapter 10 of the Designers Report of NGBS. Training will also be provided regarding all equipment operation and control systems at the cost of the Developer. 5.1.4 Installation and Maintenance of Electric Vehicle Charging Stations. The Developer shall install at the Project two Electric Vehicle Charging Stations. Proof of installation of the EV Stations shall be submitted to the City's Development Department upon completion of the Project. Developer or its assigns shall be responsible for the electrical expense and maintenance of the EV charging stations throughout the term of this Agreement. 5_2 Non-Discrimination. The Developer, its successors and assigns, agree that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination in the lease of any Units provided for in this Agreement. Should such discrimination occur, the CRA will provide notice to the Developer of a breach of this condition and thereafter, Developer has 15 days to demand arbitration as to the claim of discrimination. The parties will then mutually agree to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration is independent of any other actions being taken by other agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision. If Developer does not demand arbitration within fifteen(15) days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate this Agreement and Page 4 of 15 pursue any and all other lawful remedies.The cost of such arbitration shall be borne by the non-prevailing party. Such non-prevailing party shall be determined by the arbitrator. 5_3 Systems Auditing. Prior to receiving any annual allotment of incentive grant funds, Developer shall provide written evidence, at its sole cost and expense, satisfactory to the CRA in its sole discretion, of continued compliance in all material respects by the Developer with all agreed upon Gold Rating National Green Building standards set forth in this Agreement. On an annual basis, the Developer will perform a systems audit on fourteen (14) Units each year for the next ten (10) years as evidence that the Units continue to meet the Gold Rating of the National Green Building Standard and ensure that the EV Charging stations are in working order. This auditing process is based on the schedule attached and contained within Exhibit"D'. 5.3.1 This systems audit shall be conducted by an independent auditor, selected and paid for by the Developer with the approval of the CRA. 5.3.2 The examinations and opinions required under this Section must be conducted in accordance with the definition of systems auditing contained in Section 2 of this Agreement. 5.3.3 The auditing Reports will be transmitted to the City's Development Services Department on an annual basis for duration of the Agreement indicating the units' compliance with the Gold Rating of the National Green Building Standard. Each annual performance audit must be submitted to the CRA no later than the last day of April for the preceding year. The CRA shall accept the audit or, should it make the determination that there are deficiencies with the audit and/or documentation for the audit, shall so notify the Developer in writing, within twenty (20) days of receipt of Audit Report. In the event of notification of deficiencies by the CRA, distribution of funding shall be suspended until resolution of the dispute regarding compliance. 5.3.4 Disbursement of Direct Incentive Program Funds shall occur upon (1) the CRA's acceptance of a properly documented and supported audit Report by the CRA Board, (2) final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year, and(3) documents evidencing payment by the Developer of ad valorem taxes for the preceding year. 5_4 Inspection. Upon ten(10) business days prior written notice and at any time during normal business hours and as often as the CRA deems necessary, there shall be made available by the Developer to the CRA for examination, all of its records with respect to all matters covered by this Section. The CRA reserves the right to require copies of such records and/or to conduct an inspection of the Developer's records regarding performance measures at any time for any period covered by this Section of the Agreement, all at the CRA's cost and expense. Any delay in the production of documents requested by the CRA shall toll the CRA's time for review of a request for distribution of funds. 5.5 Non-Compliance. In any year in which the systems audit discloses that Developer is in non-compliance in any material respect with Gold Rating of the National Green Building Standard, the Developer may be deemed in default and the CRA will be entitled to the remedies set forth in Section 8 below. After the exhaustion of all opportunities to cure available to Developer as set forth in Section 8, then at the option of the CRA, the Direct Incentive Funding for the Developer may be reduced as follows: 5.5.1 If after the annual audit determines that any of the units have fallen below the Gold Rating, and Developer has had the opportunity to cure under Section 8 below, the CRA shall withhold the annual Pledged Project Increment Revenue payment. Page 5 of 15 5.5.2 Exceeding the agreed upon requirements of the Gold Rating of the National Green Building Standard in any given subject year shall not entitle the Developer to additional funding under this Agreement or to a credit or set-off against any reduction in funds due to failure to meet the Gold Rating of the National Green Building Standard hereunder. Section 6. Direct Incentive Funding. The direct incentive funding provided for under this Agreement is granted to the Developer for the purpose of offsetting, in part, the DeveIoper's cost of maintaining the energy efficiency improvements and/or programs within the Project. 6.1 Direct Incentive FundinLr 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, an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section 5 above due to the failure of the Developer to comply with the Gold Rating of the NGBS. 6.2 Commencement and Conditions of Funding. The ten (10) year term for the receipt of incentive funding shall commence in the year that the following conditions are met: A. The Project is Substantially Complete; B. The completed improvements of the Project have been placed on the Tax Roll; C. The CRA has received Project Increment Revenues from such improvements; D. Systems Audit Report is received and found acceptable by the City and CRA; and E. An annual report is made to the CRA Board by the Developer of the status of the project at the next regularly scheduled meeting of the Board. 6.3 Disbursement of Funds. Subject to the conditions provided herein, the Pledged Project Increment Revenues shall be disbursed to the Developer upon (1) the CRA's acceptance of a property documented and supported audit Report, (2) final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year, and (3) documents evidencing payment by the Developer of ad valorem taxes for the preceding year. There is no obligation by the CRA to disburse the Pledged Project Increment Revenue during the cure period or if the Developer is in default of this Agreement. 6`4 No Pledge of Pledged Project 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. Page 6 of 15 Section 7. Restrictive Covenant. Upon completion of the improvements of the Project and prior to the issuance of final certificates of occupancy by the City, the Developer shall create a Restrictive Covenant Agreement meeting the requirements outlined in this Agreement. The Restrictive Covenants shall be approved by the CRA which shall not be unreasonably withheld or delayed or conditioned. Such documents, which shall be recorded, shall contain restrictive covenants which shall include,at least,the following terms: 7_1 Certification Restrictive and Occupant Manual Covenants. The restrictive covenants governing Certification shall include the following: 7.1.1 All units shall be certified to achieve the Gold Rating of the National Green Building Standard and no restrictions shall be adopted which prohibit or limit the ability to achieve or maintain that standard. Two EV Charging Stations shall also be placed on site as reflected on Exhibit «E 7.1.2 A manual identifying the green attributes of each unit and the Project shall be maintained to familiarize building occupants with the green building practices implemented and the impact of occupants' activities on costs of operating the building. Training will also be provided regarding all equipment operation and control systems at the cost of the Developer. 7.1.3 The Restrictive Covenants shall terminate at such time as this Agreement terminates pursuant to this Agreement, including but not limited to Section 4 and Section 8, 7_2 Systems Auditine Restrictive Covenants. The restrictive covenants governing the Systems Auditing shall contain the following: 7.2.1 On an annual basis, the Developer will perform a systems audit on fourteen (14) Units each year for the next ten (10) years as evidence that the Units continue to meet the Gold Rating of the National Green Building Standard and ensure that the EV Charging stations are in working order. This auditing process is based on the schedule attached and contained within Exhibit «D99 7.2.2 The Developer shall have the right to access the audited units to complete the Systems Audits described herein for the duration of this Agreement. 7.2.3 The Developer shall provide the Systems Audit Report to the City's Development Services Department on an annual basis, beginning April 30th in the year in which funding begins pursuant Section 6.2 and no later than April 30th of each year thereafter for duration of this Agreement indicating the units' compliance with the Gold Rating of the National Green Building Standard. Section 8. Events of Default Remedies and Termination. 8_1 Default. Upon the occurrence of any one or more of the following events, all obligations of the CRA to disburse further fluids 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: Page 7 of 15 8.1.1 Any representation by the Developer or its agents or representatives in or in connection with this Agreement or the Direct Incentive Program Application is inaccurate or incomplete or false in any material respect. 8.1.2 The vacating, abandoning, or closing of the Developer's business except for a permitted assignment or transfer of such corporate entity. 8.1.3 The failure of the Developer 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 the Developer or such failure continues for a period of thirty (30) days after written notice thereof from the CRA to the 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. 8.1.4 The making by Developer of any general assignment, or general arrangement for the benefit of creditors; 8.1.5 The filing by or against Developer of a petition to have the Developer adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy unless, in the case of a petition filed against the Developer,the same is dismissed within sixty(60)days; 8.1.6 Appointment of a trustee or receiver to take possession of substantially all of Developer's assets,where possession is not restored to Developer within sixty(60)days; or 8.1.7 The attachment, execution or other judicial seizure of substantially all of Developer's assets where such seizure is not discharged within thirty(30)days. 8.1.8 Should the Site Plan or building permit expire at any time, and within sixty (60) days thereof and Developer does not apply a for a renewal or extension, then this Agreement shall terminate and be of no further force and effect. 8.1.9 Should the Developer modify the Site Plan without approval from the City then this Agreement shall terminate and be of no further force and effect. 8_2 Remedies. Upon the occurrence of any one or more of the foregoing events set forth in Section 8.1, CRA shall at its option, give notice in writing to the Developer to cure its failure of performance if such failure may be cured. Upon the failure of Developer to cure within (90) days, CRA may exercise any one or more of the following remedies: 8.2.1 Terminate this Agreement upon not less than fifteen(15) days notice, by certified letter to the Developer at the address specified in Section 9.5 of this Agreement, such notice to take effect when delivered to the Developer. 8.2.2 Commence a legal action for the judicial enforcement of this Agreement. 8.2.3 Withhold the disbursement of any payment or any portion of a payment. 8.2.4 Take any other remedial actions that may otherwise be available under law. Page 8 of 15 8_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. 8_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 further exercise thereof. 8_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. 8.6 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. $_7. Termination. The obligations of Developer and CRA shall terminate upon the earlier of(i) 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; or(ii) failure by the Developer to complete the Project before June 1, 2014,unless extended as provided therein. Section 9. General Conditions. 9_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 Page 9 of 15 CRA and the 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. 9.22 Successors and Assigns. The CRA and Developer each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Prior to Substantial Completion of the Project, this Agreement may not be assigned by the Developer without the prior written consent of the CRA. After Substantial Completion this Agreement may be transferred by the Dev=eloper; provided, however, that any assignee thereto shall specifically assume all of the obligations of the Developer under this Agreement.Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and the Developer. In the event that the CRA determines that the Developer is in violation of this paragraph, the CRA shall have the right to terminate this Agreement and to seek repayment of the funds paid by the CRA to the Developer. Notwithstanding anything to the contrary contained in this section, prior to the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer with the consent of CRA, such consent not to be unreasonably withheld. Such assignment shall not relieve the Developer of any of its obligations or duties as set forth herein. After the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer without the consent of but with at least 10 days notice to CRA. 9_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. 9_4 Indemnification and Hold Harmless. The Developer agrees to protect, defend, reimburse, indemnify and Bold 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. The 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. This paragraph shall survive the termination of the Agreement. 9_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 9.5 as a"Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or(iii) a recognized national courier service,addressed as follows: If to Developer: Gulfstream Gardens Phase II,LLC 601 Bayshore Boulevard, Suite 650 Tampa,Florida 33606 Page 10 of 15 H to CRA: Boynton Beach Community Redevelopment Agency 710 N.Federal Highway Boynton Beach,Florida 33435 With a copy to: James Cherof Goren, Cherof,Doody&Ezrol 3099 East Commercial Boulevard,Suite 200 Fort Lauderdale,FL 33308 Tel: 954-7714500 Fax: 954-7714923 9.5.1. 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. 9.5.2. 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. 9_6 Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 9_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 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. 9_8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any Exhibit not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. 9_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. 9.10 Priority of Interpretation. In the event of any conflict between the terms and conditions of this Agreement and the Direct Tncentir a Program, the terms and conditions of this Agreement shall prevail. 9.11 Headings. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 9.12 Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. 9.13 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and the Developer(or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and Page 11 of 15 obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. Section 10. Recordini. 10.1 This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 10.2 Any obligation so created by this Agreement shall be effective as a lien only upon the recording of such lien and shall be subordinate to any mortgage applicable to such property. Notwithstanding the foregoing, nothing herein contained shall be construed as creating an obligation hereunder upon any mortgagee or holder of other security interest including deed of trust prior to said Mortgagee or holder acquiring title by foreclosure or otherwise. 10.3 Nothing contained in this Amendment shall be deemed to be a right in favor of, or a duty to,the general public or any tenant occupant, invite, trespass or person or entity of any other status or classification for any reason, use or purpose whatsoever, whether public or private, it being the intention of the parties hereto that nothing in this Agreement, expressed or implied, shall confer upon any person or entity any such right or duty. Rights granted to, or duty in favor of, a third party beneficiary are neither intended nor granted. 10.4 CRA Specifically grants to Developer the right to obtain a mortgage for the development, construction and ownership of the Project. CRA understands, acknowledges and agrees that this Agreement, including but not limited to the Restrictive Covenant Agreement contemplated by Section 7, and each and every other obligation, term and condition of this Agreement is subordinate to such mortgage, its modifications and amendments, changes or replacements, and for all purposes, such mortgage shall be, and treated as, prior in right and time to this Agreement. CRA shall, if requested, execute such additional documents in recordable form as may be necessary or convenient to evidence this promise and provision. Section 11. Total or Partial Destruction. 11.1 If the Project shall be damaged by fire, the elements, unavoidable accident or other casualty, so that compliance in any material respects by the Developer with the agreed upon gold rating national green building standards as set forth in this Agreement is impossible, interrupted or frustrated, or if as a result of such damage by fire, the elements, unavoidable accident or other casualty, the obligations, terms and conditions of this Agreement cannot be carried out by the Developer, the Agreement shall nonetheless remain in full force and effect so long as the Developer commences within thirty (30) days of the event restoration and repairs and diligently pursues such repair and/or restoration until completion. It is understood, acknowledged and agreed that in the eNent of damage that exceed the normal and customary insurance deductable of the Developer that Developer must apply for and then receive insurance proceeds in order to commence restoration and repair. So long as the Developer timely applies for and is diligently pursuing the receipt of such insurance proceeds, Developer shall have complied with the preceding requirement provided such repairs and restoration are completed within six (6) months of the dates of the event. In the event of a natural disaster, Act of God or similar major catastrophe the parties acknowledge, understand and agree that performance as to repair or restoration may not be possible within the time frames stated above and the Developer shall be given such time as is reasonable to commence repairs and restoration and to complete same. During the period that the Project is being repaired and restored, the CRA shall have no obligation to disburse Pledged Project Increment Revenues. Page 12 of 15 11.2 This Section 11 shall be paramount to all other provisions of this Agreement, including but not limited to Section 4 and Section 8. [SIGNATURES ON FOLLOWING PAGES] Page 13 of 15 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. WITNESSES GULFSTREAM GARDENS PHASE H,LLC a Florida limited i ility company By: Print Name: Print Name: C Title: R �r - Print N e: ij STATE OF FLORIDA ) SS: COUNTY OF C ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ,1�, rfA t nu--r 0 _ as of GULFSTREAM GARDENS, LLC, and acknowledged under oath that he/she has Vxecuted the foregoing Agreement as the proper official of GULFSTREAM GARDENS PHASE II, LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of GULFSTREAM GARDENS PHASE H, LLC. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this "t y of , 2012. CATHERINE COLLIN MNOTARY PUBLIC STATE OF FLORIDA C0mff*EE170V1 My Commission Expires:- "1`a Notary Public, State of Florida at L Expires 21f5/2016 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [CITY SIGNATURE ON FOLLOWING PAGE] Page 14 of 15 WITNESSES BOYNTON BEACH CO IT REDEVELOPMENT AGENCY By Print Name: Woodrow Hay, CRA Chairman Print Name: Jf STATE OF FLORIDA ) SS: COUNTY OF PALM BEACH ) BEFORE ME, an office duly aut rized by law to aister joaths and take acknowledgments, personally appeared �' as of BOYNTON BEACH COMMUNITY REDEVELOPMENT GENCY, 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 d dead of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is rsonally known to has produced as identification. IN WITNE F FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of ,2012 I'd"-14 My Commission Expires: Notary Public, State of Florida at Large • 11,2014 1185 r"® AmM TWough Monal Nolary Asan. Page 15 of 15 Exhibit A Phase 11 RECORDS OF PALM BEACH COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF RIGHT-0F-WAY OF MILLER ROAD,AS SHOWN ON THE PLAT OF KILLIAN'S PARK,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 23,PAGE 195,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA.DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 6 OF SAID KILLIAN'S PARK; THENCE EAST ALONG THE NORTH RIGHT-OF-OF WAY LINE OF SAID MILLER ROAD, A DISTANCE OF 450.00 FEET; THENCE SOUTH 06°33'15'WEST ALONG THE EAST RIGHT-CIF-WAY LINE OF MILLER ROAD,A DISTANCE OF 30.34 FEET; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF MILLER ROAD,A DISTANCE OF 445.49 FEET; THENCE NORTH,A DISTANCE OF 30{}0 FEET,TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY Of BOYNTON BEACH.PALM BEACH COUNTY,FLORIDA, CONTAINING 322,489 SQUARE FEET(7.40 ACRES),MORE OR LESS. Exhibit .. " Phase II ESTIMATED PLEDGED PROJECT INCREMENT REVENUE CALCULATION WORKSHEET Value of the Project prior to Redevelopment(BASE YEAR) 2011 PCN 08-43-46-04-17-000-0370 $ 165,000 PCN 084346-04-11-000-0060 $ 30,000 TOTAL S 195,000 Value of the Project after Redevelopment(146 units@ $85,000 each) $ 12,410,000 ($85,000 based on Las Ventanas assessed value) Project Increment $ 12,215,000 TIF Revenue=(95%of Project Increment X (City Millage+County Millage) City Millage Rate* 0.0071941 City TIF Contribution=95%of Project Increment X City Millage $ 83,482 County Millage Rate* 0.0047815 County Contribution=95%of Project Increment X County Millage $ 55,486 `Millage Rates are set annually by the City and County as part of their respective budget processes. Annual TIF Revenue created by Project $ 138,968 Incentive Award=Award Factor X TIF Revenue created by Project Award Factor 50% Total Estimated Pledged Project Increment Revenue to Developer(Annually) $ 69,484 Total Remaining with CRA $ 69,484 Years of Pledged Revenue $ 10 Estimated Total Pledged Project Increment Revenue Over Term $ 694,839 NOTES: The developer incentive award calculations are based on City and County millage rates that are adjusted annually and finalized by September 30th of each year. MaIIBIT "C" VERIFICATION REPORT-NATIONAL ORElR lILMNlE STAN II IIo ■dldumnsuo6edbba emdm%LW Yrulpalgaba11Addwarrl21p41rft@fMm s sddapbUNkP. 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And EL4,RT SURN COVE, LLC, a Delaware limited liability company, with a business address c/o Heitman Capital Management LLC, 191 North Wacker Drive, 25th Floor, Chicago, IL 60606 (hereinafter referred to as"Seabourn Cove"). RECITALS: WHEREAS, Gulfstream Gardens, LLC (the "Developer") and CRA initially negotiated a Direct Incentive Funding Agreement (the "Initial DIFA") for Seabourn Cove Apartments Phase I and Phase II, but thereafter agreed to separate the Initial DIFA into a separate DIFA for each Phase, and thereafter executed separate DIFA's on August 14,2012; and WHEREAS, the separate DIFA's mistakenly failed to split the Initial DIFA requirement for two (2)EV charging stations into one(1)for each Phase; and WHEREAS, Seaborne Cove has now acquired title to Scabourn Cove Apartments Phase I and Seabourn Cove Apartments Phase 10, and WHEREAS,the parties wish to amend each DIFA to correct such error; 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 First Amendment and are incorporated herein. Section 2. Amendment to Section 7.1.1 of the eement. Section 7.1.1 of the DIFA is amended to require only one(1)EV Charging Station. Section 3. No Other Amendments. Except ass forth above the Agreement shall remain unmodified and in full force and effect. IN WITNESS OF TIRE FOREGOING, the parties have set their hands and seals the day and year first above written. [SIGNATURES ON FOLLOWING PAGES] Page 1 of 3 W]TNESSES: HART SEA]BOURN COVE, LLC, a Delaware limited liability company By: Heitman America Real Estate Holding,L.P., Print Name: Iflew ftmd .—n in its capacity as managing member y By: Heitman America Real Estate Holding GP, LLC, �ANKA- its general partner Print Name. By: Heitman America Real Estate IT LLC, its managing member By: Heitman America Real Estate Trust,L.P., its managing member By: Heitman America Real Estate Trust, LLC, its partn BY: Print Name: v Title: J STATE OF SS: COUNTY OF BEFORE ME, officer d au orized by law to administer oaths and take acknowledgments, personally appeared Z, f Z- as oclo &FAI . 4-- of Heitman America Real Estate Trust, LLC, the general partner of Heitman America Real Estate Trust, L.P., the managing member of Heitman America Real Estate REIT LLC, the managing member of Heitman America Real Estate Holding GP, LLC, the general partner of Heitman America Real Estate Holding, L.P, the managing member of HART SEABOURN COVE, LLC, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of HART SEURN COVE,LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of HART SEABOURN COVE, LLC, He/she ispe s oall known to me or has produced as identification. IN WTI7NESS OF THE FO REG ING, I have set my hand and official seal at in the State and County aforesaid on this /5--davof X rL- 2016. My Commission Expires: Publ'ic OFFICIAL SEAL" Uj "fel �r z Jennifer L Notary Public,State of Illinois My 716 j Expires MY Commission Expir s 1127Q2019 Page 2 of 3 WITNESSES BOYNTON BEACH COMMUNITY REDE 7 L L EN AGE By: 7 ; .' 7 ame: Steven B. Grant,CRA C an Name: STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared 94-ede-o 8. 6t-Ai0f as C kA C-4*1!nYiAAJ of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BON 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 personallyknown to me or has produced as identification. IN WITNESS OF TE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this 7 day of 2016. My Commission Expires: Notary Public, State of Florida at Large C? SUSAN E.Hkiiii gyps 0 Ilry PON-State of fioild3 commission 0 FF 24402 My Comm.lExpire®Oct 17.2019 Bondqd*M1bjjgWMW"A=L Page 3 of 3 Gulfstrearn Gardens/Seabourn.Cove Phase 11 FIR.ST AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT -AThis is a first amendment (hereinafter "First Amendment") entered into as of the 43, day of ML 2016,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 710 North Federal Highway,Boynton Beach,Florida 33435, And HART SURN COVE, LLC, a Delaware limited liability company, with a business address c/o Heitman Capital Management LLC, 191 North Wacker Drive, 25th Floor, Chicago, IL 60606 (hereinafter referred to as"Seaboum Cove"). RECITALS: WHEREAS, Gulfstream Gardens, LLC (the "Developer") and CRA initially negotiated a Direct Incentive Funding Agreement (the "Initial DIFA") for Seaboum Cove Apartments Phase I and Phase 11, but thereafter agreed to separate the Initial DIFA into a separate DIFA for each Phase, and thereafter executed separate DTFA's on August 14, 2012;and WHEREAS, the separate DIFA's mistakenly failed to split the Initial DIFA requirement for two (2)EV charging stations into one(1) for each Phase; and WHEREAS, Seaborne Cove has now acquired title to Seaboum Cove Apartments Phase I and Seaboum Cove Apartments Phase 11, and VMEREAS,the parties wish to amend each DIFA to correct such error; 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 First Amendment and are incorporated herein. Section 2. Amendment to Section 7.1.1 of the Agreement. Section 7.1.1 of the D1FA is amended to require only one(1)EV Charging Station. Section 3. No Other Amendments. Except ass forth above the Agreement shall remain unmodified and in fall force and effect. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. [SIGNATURES ON FOLLOWING PAGES] Page I of 3 WITNESSES: HART SEABOURN COVE, LLC, a Delaware limited liability company A*1v By: Heitman America Real Estate Holding,L.P., Print Name: 0211tw ftmillo in its capacity as managing member By: Heitman America Real Estate Holding GP, LLC, its general partner Anktame: By: Heitman America Real Estate REIT LLC, its managing member By: Heitman America Real Estate Trust,L.P., its managing member By: Heitman America Real Estate Trust, LLC, its e q partner By: Print AName: r Title: Z)-r STATE OF COUNTY OF SS: BEFORE ME, an officer duly authoped by law to adinmister oaths and take acknowledgments, personally appeared , /in �vpvg..4- as " t, via- loxvroAt- of Heitman Ameri6a Real Estate Trust, LLC, the general partner of Heitman America Real Estate Trust, L.P., the managing member of Heitman America Real Estate REIT LLC, the managing member of Heitman America Real Estate Holding GP, LLC, the general partner of Heitman America Real Estate Holding, L. the managing member of HART SEA BOUNC OVE, LLC, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of HART SEABOURN COVE, LLC, for the use and purposes mentioned herein and that the instrument is the act and deed of HART SURN COVE, LLC!, He/she is personally-kumm to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this_]gray of 2016. My Commission Expires: 112-7/1'7 11�Pubilc OFFICIAL SEAL" J re Jennifer-Escobarete Notary Public, State of Illinois :5C V Commission jr s I L.M1Y Commission Expires 1/27t2019 Page 2 of 3 WITNESSES BOYNTON BEACH COMMUNITY REDEVELOP7T C By: Prin ame: Steven B.Grant, CRA Chai an Print Name- V, STATE OF FLORIDA SS: COUNTY OF PALM BEACH ) BEFORE MEE, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Scted g4A 8. Gr*,o+ as C.ILA aj&j:r-!M AcO of BO ON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BO ON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BO ON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personaIly known to me or has produced as identification. IN WITNESS OF T FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day o 2016. My Commission Expires: Not Public, State of Florida at Large SUSA14 E.HARRIS NoWy Public-Stab al Florida Comioloslon 0 FF 244020 My mExpim Del 17,2019 Offft dWao Nifiong Wary Assn. I% Co .== Page 3 of 3 Mardi Systems,,Inc,- Pa cable Invoice.-Internet Explorer Payable Invoice [-Fu-n�-cti-ons----- Payee v0009974 Payment Status Futly Paid Tax Calfectar, Palm Beach Type Invoice Payee Info CouTIO Box 3353 st PalmBeach) Payment Method Check We, , tactaxr-a11e-c.tar pproved By Ryan.Ke11'y1 Invoice # 101367290 Priority Expense Type Standard Total Amount 1,452,740.23 Doc Seq Invoice Date 11/09/2017 Cash Acct 11020-000 Post Month 11/2017 AP Acct 21010-000 Due Date 1110912017 Property Cantral No. Notes 08-43,-46-04-37-0100- 0000, Edit Ravranse Delete Help .................. ................................................................... ..................................................................................... .................................................................................... .................................................................................... ...................... �d � Ent _Anwunt + Account +_ Account Description___�_ fls�eacov 1,452,740.23 6,201n-nnn Ad Valorem Property Taxes 2017 Pi 1 1,452,740.231 1 Acet, # :158795270 Check Seq# :5.480113,9355 rSeabourn Cove - Operating -01W A DY 4z h n I t rn P^1 1x= 1 1 n "M FN I %a 1=1=Li W V p I 1 %.0%1 V V a �L.%.. Managed by Groystar kffllseacov) 600 E Las Coll n as Blvd, Ste 2100 Irving, TX 75039 (Ph 561-752-0009) PAY **" ONE MILLION FOUR HUNDRED FIFTY TWO THOU PAY TO THE ORDER OF Tax Collector, Palm Beach County PO Box 3353 West Palm Beach, FL 33402-3353 11100 to 59 Ilia 1: 0 ? L013C ro CL ST A g, Ep PAV ji 177 go Ch A; 4 ca K t fes. Gf. 4�r,j Tag w Pr 4-5 lie 43 j I 'ZF nr .......... bs CL= �47 y M1 A a wn �2�!y. } 5" `. %} .4 S re\ b �o-{ 3 I. a. � 9 i 4 _ ! � rr Jump To Display Type Standard Payable Display Type Batch, Posted Batch 45L539 Id Uri 2972511 Navigation ........................................... ............................................ Work-flow Standard Payable'Workflow Status Completed Current Step Approved ------------------------------------------------------------------------ Next Step Notes Created, by Daisy.Estrada on 11j09/2017 9:33 AM. (never modified) Notes Check roper Taxes 4.591 P :4591 Amount :1,452,740.23 a, h iq h reso I u t io n to r de r th at I oses cle Cal I I f co p!ed. 5 ac Ik of C hec k f ealu re 5 an o rig i na I duc um-;5 ................................. ...................................................................... Pwifiv JP Morgan Chose 459 IL , - - - 2-1 f7l 0 VOID ) 1110 SAND SEVEN HUNDRED FORTY AND 231100 DOLLAR1 w ; W�4 to O L : i ? 9 5 2 ? 0110 rn pr m l y • a t y S'A. r Pay N kFTER 90 DAYS 1912017 529740.23 im -A0 ... o . . m TI r C=P M F� s ON (j ` m . }. j , r- i r � V m ; f Jos M A6 _ _ - %.& 3 AL CD 9 k 7 tv m The City of Boynton Beach DEVELOPMENT DEPARTMENT BUILDING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach,Florida 33425-0310 TEL: 561-742-6350 a FAX: 561-7426357 • www.boynton-beach.org April 17, 2018 Michael Simon Executive Director Boynton Beach CRA 710 North Federal Highway Boynton Beach, Florida 33435 Ref: Seabourne Cove (Phase I & II) Re : Systems Audit 2018 Dear Mr. Simon: I have received the audit report and letter of certification prepared by Drew Smith from Two Trails for the above referenced project . Based on the information contained within the report and the findings from Mr. Smith the project is in compliance with section 5 . 3 of the August 14th, 2012 Direct Incentive Funding (DIF) Agreement . If you have any questions or concerns please contact me in the Building Division at 561 . 742 . 6352 . Thank you. Sincerely, Shane Kittendorf, BCA, PX, BN, CFM, Building Official /Flood Plain Manager Cc: Andrew Mack, Director of Development S:ADevelopment\BUILDING\Mack, Andrew\Correspondance\Seabourne Cove Systems Audit 040616.doc 6000'ZSL'19S anon uanogeaS aa8euew Al!unwwoO soSeiew Aal!a ,. 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SUBJECT: Project Update 211 E. Ocean Avenue SUMMARY: The Board approved the Purchase and Development Agreement with Shovel Ready Projects, LLC for the 211 E. Ocean Avenue property in October 2015, and approved two subsequent Amendments in February 2016 and November 2016 (see Attachment 1). As previously presented to the CRA Board, the project's building permit application and design plans were submitted to the City in late December 2016. The City's plan review process has generated several rounds of comments to which the owner's architect, Jim Williams of AW Architects produced plan revisions for each in March 2017, April 2017, and most recently in mid-October 2017. On September 20, 2017, CRA legal counsel sent a letter to the property owner reminding them of their obligations under the contract and to make diligent effort obtain building permit plan approval (see Attachment 11). 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/project owner and their legal counsel presented an appeal to the Board to grant them an additional 60 days, May 14, 2018, to obtain the permit approval. In addition, the CRA Board approved an Addendum to the agreement executed by both parties providing the 60 day extension and Owner adhering to the reverter without protest if they are unable to obtain the permit within the extended time period (see Attachment V I). As of May 4, 2018, the City of Boynton Beach has not received the required revised construction plans or issued an approved building permit. FISCAL IMPACT: To be determined based on Board action. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined based on Board discussion and action. ATTACHMENTS: Description D Attachment I -211 Purchase & Development Agreement and Amendments D Attachment II -09.20.17 LLW letter to Shovel Ready Projects,LLC D Attachment III - 12.15.17 Letters from CRA Staff and Property Owner D Attachment IV -01.18.18 Minutes D Attachment V -02.19.2018 LLW Letter to Shove Ready Projects and Email Reponse D Attachment VI - March 2018 Addendum SECOND AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT This Second Amendment to Purchase andI pment Agreement (hereinafter "Amendment")is made and entered into as of Novembe4wol 6,by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCIO, "a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "Seller") and SHOVEL READY PROJECTS,LLC,auccessor in interest to LOCAL DEV CO,LLC,(hereinafter"Purchas&',and together with the Seller,the'Tarties"). P=haser and Seller desire to amend certain to and conditions of the Agreement, as more particularly described below- 1. Paragraph 18.3(b) of the Agreement is hereby amended to extend the date by which Purchaser must submit a Construction Permit Application to the City of Boynton Beach until December2 X — 13() dal 5 Irby" N()V Q 0 1(0. 16. . I IP Terms which are capitalized but not defined herein shall have the meanings given to such terms -iii the Agreement. Except as expressly set forth in this Amendment, the Agreement is unmodified and remains in full force and effect,and is hereby ratified and co ed by Purchaser and Seller. This Amendment any be executed in any number of counterparts, any one and all of which shall constitute the agreement ofthe Parties and each of which shall be deemed an original. IN WITNESS WHEREOF,the Parties have executed this Amendment as of the date first set forth above. BUYER SELLER SHOVEL READY PROJECTS,LLC BOYNTON BEACH COMMUNITY A# REDE7L 1.05, T By® Co ro-%i+ Print Name:"Upele'" Print Name: Title: 0 61) Title: M6_r Date: I /Z.* Date: Witnesses: Witnesses-, -ss, - C#po o form and legal sufficiency: At t�o m e- ON0140-1 FMT AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT This First Amendment to Purchase and Development Agreement (hereinafter "Amendment'} is made and entered into as of January®, 2016, by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes(hereinafter"Seller"l and LOCAL DEV CO,LLC,a Florida limited liability company or its affiliated assignee (hereinafter'Turchaser", and together with the Seller,the'Tarties'�, Purchaser and Seller desire to amend certain terms and conditions of the Agreement as more particularly described below: 1. The Feasibility Period set forth in Paragraph 7 of the above-referenced Agreement is hereby amended to March 4, 2016. All other deadlines set forth in the Agreement, including Closing Date,shall remain unchanged. Terms which am capitalized but not defined herein shall have the meanings given to such terms in the Agreement. Except asexpressly set forth in this Amendment, the Agreement is unmodified and remains in full force and effect,and is hereby ratified and confirmed by Purchaser and Seller. This Amendment any be executed in any number of counterp", any one and all of which shall.constitute the agreement of the Parties and each of which shall be deemed an original. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first set forth above. BUYER SELLER LOCAL DEV CO,LLC BOYNTON BEACH COMMUNITY AND/OR ASSIGNS; REDEVELOPMENT AGENCY By: By Print Name: Print Name: r-j—Jr Title: Title: Date. Date: Witnesses: Witnesses: 0 P *n 4ndle I sufficiency: C Attor FIRST AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT This First Amendment to Purchase and Development Agreement (hereinafter "Amendment") is made and entered into as of January _, 2016, by and between BOYNTON BEACII COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter"Seller") and LOCAL DEV CO, LLC, a Florida limited liability company or its affiliated assignee (hereinafter "Purchaser", and together with the Seller,the"Parties"). Purchaser and Seller desire to amend certain terms and conditions of the Agreement, as more particularly described below: 1. The Feasibility Period set forth in Paragraph 7 of the above-referenced Agreement is hereby amended to March 4, 2016. All other deadlines set forth in the Agreement, including Closing Date, shall remain unchanged. Terms which are capitalized but not defined herein shall have the meanings given to such terms in the Agreement. Except as expressly set forth in this Amendment, the Agreement is unmodified and remains in full force and effect, and is hereby ratified and confirmed by Purchaser and Seller. This Amendment any be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first set forth above. BUYER SELLER LOCAL DEV CO,LLC BOYNTON BEACH COMMUNITY AND/OR ASSIGNS, REDEVELOPMENT AGENCY By: � By. Print Name: '' z lc rpt'( ; Print Name: Title: Title: Date: Date: X121"1 v Witnesses: N�'i�� Witnesses: Ap Uori gal sufficiency: CRA Attorney 00601448.1 II t PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreemenf) is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNrIY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter"SELLER") and LOCAL DEV CO, LLC ( or its assignee, as provided for herein) (hereinafter"PURCHASER"). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Property which consists of one parcel located in Palm Beach County, Florida (the "Property") having an address of 211 E. Ocean Avenue, Boynton Beach and more particularly described as follows: See Attached Exhibit"A". 2, PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be TWO HUNDRED FIFTY FIVE THOUSAND 00/100 ($255,000.00). The parties agree that SELLER is conveying the Property to PURCHASER for the construction of a full service restaurant serving alcoholic beverages. SELLER has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to PURCHASER. 3. DEPOSrr. PURCHASER shall deposit ten percent (10%) of the purchase price within five days oft Effective Date with the SELLER'S escrow agent Lewis, Longman and Walker,P.A. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date) shall be the to when the last one of the SELLER and PURCHASER has signed the Agreement. However, no party shall execute the Agreement any later than one week after the first executing party or the Agreement shall become null and void. 5. CLOSING. The purchase and sate transaction contemplated herein shall close within forty-five (45) days of PURCHASER obtaining Major Site Plan Modification approval from the City of Boynton Beach for the full service restaurant (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple tote Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and 00556361-1 PURCHASE AND DEVELOPMENT T Racal evice Page 2 of 16 subsequent years not yet due and payable; ) covenants, ca i °ons, easements, dedications, rights-of-way and matters of record included on the Title Commiftnent or shown on the Survey (defined in Se `a 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept,pursuant to Section7.1 and Section7.2 he eof. INVESTIGATION7. ser shall havedays from Effective to ("Feasibility Period"), or PURCHASER, andPURCHASER'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, " e is"), shall havete right, at PURCHASER'S expense, to make inquiries of, and meet e f Governmental Authorities regarding e Property and t enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said ves ' aio s do not result in a business interruption, to perform any and all physical tests, inspections, and investigations f the Property, including t not limited to Phase and Phase 11 investigations, is ay deem necessary. During this Feasibility Period, y elect, in le and absolute iscre ' , to terminate this contract and havereimbursed its Deposit. If PURCHASER electsto terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property substantially the condition eisi a Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the roe it o the extent practicable, shall repair and restore any damage caused to the Property PURCHASER'Ssi and investigation; (iii) release to SELLER, at no cost, all reports otherand work generatedas a result of the testing and investigation, herebyPURCHASER agrees to indemnify of less from and against all claims, losses, expenses, demands and liabilities, including, not limited to, attorney's fees, or nonpayment for services rendered to PURCHASER (including, limitation, any construction liens result' e or fora to persons or property (subject to the limitation on practicability providedabove) arising out o investigation of the Property. obligations n r this Sectionshall survive the termination, expiration or Closingof this Agreement. 7.1 Seller's Documents. SELLER shall deliver to PURCHASER the following C e t instruments within five ( e Effective Date of this Agreement: copies of any reports or studies (including environmental, engineering, e , soil borings other physical reports) in ' ossessi or control with respect physical condition a Property, if any, a copy of the current title insurance olic (i y), and a list of any known matters affect title tote property. 7.2 Tit Review. i twenty ( ) days of the Effectiveate, PURCHASER shall obtain, aexpense, from a Title Companyoe y PURCHASER (hereinafter "Title Company"), a Title Commitment covering e Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted xce do , together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. PURCHASER shall examine the Title Commitment anddeliver written notice o SELLER no later than thirty ( ) days after the Effective Date notifyingL of any objections tote condition of titleer i a er Title Objections"). if PURCHASER fails t eliver PURCHASE AND DEVELOPMENT AGREEMENT/LocalDevco Page 3 of 16 PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions seta in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) as to diligently and in good faith seek to cure and remove the PURCHASER'S Title Objections (hereinafter"Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, all have the option of (i) extending the Cure Period and the Closing for one additional dfirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no ftu-ther obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions is did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall vete right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Tide Commitment, subject to the provisions of this Section. 7.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain a cuenboundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restflutions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.2 concerning title objections. & CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by PLIRCHASER in writing: &I & res entations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing, 8.2 Condition of PropgM, PROPERTY is being purchased in "as is" condition. SELLER makes no warranty about the condition of the' structure or any of the appurtenances on the Property. PURCHASER understands that the Property is in need of major structural renovation in order to be utilized as a full-service restaurant. 83 Pending Proceedings. At Closing, there all be no litigation or administrative agency orother governmental proceeding of any kind whatsoever, pending or threatened, is has not been disclosed,prior to closing, and accepted by PURCHASER. PURCHASE AND DEVELOPMENT AGREEMENT/LocalDeveo Page 4 of 16 8A Comnliance- with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses,permits and authorizations as of the date of Closing. 9. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth Inthis Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1 Deed. A Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of it other than the Permitted Exceptions. 9.2 'Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual ore has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect tote Property. In the event SELLER is unable to deliver its affidavits referenced above,the same shall be deemed an uncured it Objection. 9.3 Closing Statement. A closing statement setting forth the Purchase Price, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, is SELLER shall also execute and deliver at Closing. 9.4 Corrective Documents. Documentation required to clear title tothe Property of all liens, encumbrances and exceptions, if any, of than Permitted Exceptions. 9.5 Additional Documents, Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATION S, CLOSING COSTS AND CLOSING PROCEDURES. 10.1 Prorations. Taxes for the Property shall be prorated through the day before Closing, Cash at Closing shall be increased or decreased as may be required by rorati® to be made through the day or to Closing. Taxes all be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's ill e. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt oft bill. 10.2 Closing Costs. SELLER shall pay for documentary stamps on the deed, PURCHASE AND DEVELOPMENT AGREEMENTtLocalDeven Page 5 of 16 recording the dced and all general closing expenses (settlement fee, courier fees, overnight packages, etc.). 10.3 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER(as applicable) shall execute and deliver to the Closing Agent designated by SELLER, the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.4 Existine a.es and Other Liens, At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS-,.COVENANTS AND WARRANTIES. 11.1 Seller's ReDres entations and Warranties. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 11.2 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all site action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.3 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Pernritted Exceptions (and encumbrances of record is will be discharged at Closing). 12. DEFAULT. 12.1 PURCHASER'S Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, Seller shall have, at its option, the right to declare Purchaser in default under this Agreement by Notice delivered to Purchaser, in which event Seller shall be entitled to retain deposit (which shall not constitute a penalty). PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise, 12.2 SELLER'S Default, In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything tothe contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this PURCHASE AND DEVELOPMENT AGREEMENT/Local Devco Page 6 of 16 Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and be entitled to a return of its deposit or seek specific performance. 123 Notice of Defa 1 . Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default insufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3)Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 12.4 Survival. The provisions of this Section 12 shall survive the termination of this Agreement, 13. NOTICES, All notices required inti Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Boynton Beach Community Redevelopment Agency Executive Director,Vivian L. Brooks 71 N. Federal Highway Boynton Beach, Florida 33435 With a copy to: Tara Duhy, Esq. Lewis, Longman&Walker, P.A. 515 North Flar Drive, Suite 1500 West Palm Beach, Florida 33401 If to Buyer: Local Dev Co, LLC 630 N. 3r' Street Philadelphia, PA 19123 With a copy to: Thomas F. Carney, Jr., Esq. CARNEY STANTON P.L. 135 S.E. 5 th Avenue, Suite 202 Delray Beach, Florida 33483 14. BINDING OBLIGATION/ASSIGNMENT. The to and conditions of this Agreement are hereby made binding on, and shall inure to thebenefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which all not be unreasonably withheld. PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER. PURCHASE AND DEVELOPMENT AGREEMENT/LocalDevco Page 7 of 16 15. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, toterminate this Agreement and the parties all have no farther obligations under this agreement, or PURCHASER may accept the Property without any reduction in the value of the Property and the Development Timelines set forth in Section 18.3 below shall be reasonably adjusted by mutual agreement of the parties to accommodate same.. 16. BROKER FEES. The PURCHASER hereby confirms that it has dealt with Prakas & Co. as broker in connection with the transaction contemplated by this Agreement and shall be responsible for paying Prakas & Co. a five percent (51/o) commission on. the purchase price at the closing of the Property. 17. ENVIRONMENTAL CONDITIONS. To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 18. DEVELOPMENT AND SALE OF THE PROPERTY, SELLER and PURCHASER acknowledge that the Property is being sold to PURCHASER for the sole purpose of developing a fall service restaurant. 18.1SELLER DeXRr sip A oval, The PURCHASER agrees that the SELLER shall have the right to approve of the design of the building and site as a condition of this PURCHASE AND SALE AGREEMENT. Prior to the expiration of the Feasibility Period, PURCHASER shall submit plans to the SELLER for review. SELLER shall provide comments to PURCHASER at its next regularly scheduled Board meeting. The SELLER's approval oft e plans and design shall not be unreasonably withheld provided the plans and design meet the criteria set forth and described in the City of Boynton Beach approved Urban Design Guidelines for Development within the Boynton Beach Comm-unity Redevelopment Area. 18.2 Economic Develovment Grant Incentives and Funding. The SELLER shall provide the PURCHASER with the following Boynton Beach Community Redevelopment Agency Economic Development Grants if needed, to induce the enhancement and/or expansion of the restaurant: a. Commercial Fagade Grant - Purchaser shall be reimbursed up to a maximum amount of$25,000 with a $25,000 match by Purchaser. Said funds to be reimbursed within thirty (30) days of receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation consistent with the eligible its set forth in the CRA's Commercial Fagade Grant Program. b. Commercial Construction Project Incentive Program — Purchaser shall be reimbursed the building pet fee of 2.3% if the project PURCHASE AND DEVELOPMENT AGREMMENT/LocalDevco Page 8 of 16 cost is less than $250,000 in construction value (as stated anthe construction permit application) and 3.3% if the construction value exceeds $250,000, Said flto to be reimbursed within thirty (30) days of receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation. Maximum Reimbursement not to exceed$66,000. C. Interior Build-Out Grant - Purchaser to be reimbursed an amount up to $45,000, to be paid on a reimbursement basis within thirty (30) days of the Property receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation, consistent with the eligible items seta in the CRA's Interior Build-out Grant Program. A $45,000 match is required by the PURCHASER. d. 211 E. Ocean Renovation Grant — Purchaser shall be reimbursed up to $200,000 to be paid on a reimbursement basis for construction costs associated with the renovation of the Property. Reimbursement process will require PURCHASER to present SELLER with copies of the final paid contractor "application for payment documenf' s and cancelled check to contractors for eligible expenses. Eligible expenses are those that are for construction of the project only. Soft costs will not be reimbursed. Reimbursement to PURCHASER shall occur within thirty (30) days of the Property receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation. SELLER hereby agrees that PURCHASER is not required to apply for and fill out all CRA program forms applicable to each Economic Development Grantprogram. However, all oft e rules of the grant programs must be adhered to. If the CRA Economic Development Grant programs change from the time of this Agreement and the time that the Seller accesses the Economic Development Grant fimding,the funding amounts shall remain as stated above. 18.3 DevelgRment Timeline. In order toes a that the public purpose is being met, the following events must be documented in writing and provided tote SELLER upon completion of each. Time is calculated from the Effective Date. a. Submission of Major Site Plan documents to the City of Boynton Beach within Forty-Five days after the expiration of the Feasibility Period or Forty-Five Days after the final approval of the design and site plan by the CRA as seta in Paragraph 18.1, whichever is later. bSubmission of Construction Permit Application tote City of Boynton Beach within ninety (90) days of the Major Site Plan approval date (if applicable). PURCHASE AND DEVE LOPMENT AGREEMENT/LocalDevco Page 9 of 16 C. Commencement of construction within sixty (60) days afthe Building Permit approval date. d. Certificate of Occupancy to be provided within Two Hundred Forty (240) days from the Commencement of Construction Date, unless extended do to a force majeure, circumstances beyond the Purchaser's control and approved by SELLER, or extended as otherwise permitted in this Agreement. 19. PROPERTY REVERTER CLAUSE. The deed of conveyance shall contain a reverter clause that shall run with the Property, requiring the Property to be recony eyed to SELLER by quit claim deed should either of the following occur: 1) PURCHASER defaults in not timely constructing the restaurant per c ® 18.3 unless, pursuant to Section 15 or Paragraph 18.3(d), both parties agree to extend the time to construct the restaurant due to circumstances beyond the PURCHASERS control; or 2) the Property ceases to be used, for a period of nine months, ora CRA approved use (as said use may be approved from time to time, which approval will not be unreasonable withheld) as the same may be amended from time to time. In the event the SELLER exercises its right to reverter as a result of the Property failing to be used for an approved CRA use ora period of nine months, SELLER shall reimburse PURCHASER the fair inaret value of the property, as determined by anindependent it party appraisal. In addition, PURCHASER shall execute a reverter agreement in the form set forth on Exhibit"B". 20. TERMINATION OF AGREEMENT. If the timeline outlined in Section 18.3 above is not strictly met, and PURCHASER has not provided SELLER with a written notification as to the reason explaining that circumstances not under the control of PURCHASER have prevented PURCHASER from meeting the timeline, and SELLER has not agreed in writing tote same, then the Property shall automatically revert back to the SELLER, this Agreement shall be terminated, and SELLER shall be released from any and all obligations under this Agreement, SELLER agrees to work reasonably with PURCHASER in working within the timeframes set forth above, but PURCHASER and SELLER agree that time is oft e essence. 21. SELLER'S FIRST RIGHT OF REFUSAL TO PURCHASE PROPERTY. PURCHASER hereby grants SELLER a right of first reffisal to purchase the Property in accordance with the terms below: a. If at any time, PURCHASER receives either a bona fide written offer by a willing it party to purchase all or part of the Property which PURCHASER intends to accept, or a purchase agreement which PURCHASER intends toenter into ("Offer"), PURCHASER shall give written notice to SELLER at teaddress provided below accompanied by a copy of such Offer at least thirty(30) days before the date of contemplated sale. b. Within fifteen (1 5) business days after receipt of the written notice, SELLER shall have tile right to notify PURCHASER that it is exercising its Right of First Refusal and will purchase the Property pursuant to a purchase agreement which incorporates the to and conditions of the Offer. Notwithstanding the terms of the Offer, however, the purchase price of PURCHASE AND DEVELOPMENI'AGREEMENT/Local Devco Page 10 of 16 the Property shall be confirmed by an independent appraisal agreeable to of the SELLER and the PURCHASER. C. If SELLER fails to exercise its Right of First Refusal within the time stated above, the Right of First Refusal all have no more force and effect. d. Within five (5) days after the effective date (the date of complete execution and delivery of a Purchase Agreement), SELLER shall deposit with PURCHASER to percent(10%) of the Purchase Price as Ernest Money. If the sale is closed, the Ernest money shall be applied toward the Piuchase Price. If SELLER decides not to purchase Property in violation of the Purchase Agreement, PURCHASER shall retain the Ernest Money and shall be free to retain or convey the property in his sole discretion. e. The parties understand and agree that the intent of this Right of is Refusal retained by SELLER is toe the Property is maintained and operated in the manner described in paragraph 2 above and protective of the grants provided in subparagraph 18.2. This provision is not intended and will not be exercised to prevent PURCHASER from subsequently conveying the Property to a it party otherwise meeting the criteria and obligations set forth in this Agreement. f. The Right of First Refusal as set forth in this Paragraph 21 shall automatically expire three (3) years from the date of the issuance of the Certificate of Occupancy. 22. MISCELLANEOUS, 22.1 General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of is shall be deemed to be an original and all of is shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are fort purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified, No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 22.2 Cornuutation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six (6) days, all exclude Saturdays, Sundays and legal holidays in the computation thereof Any time period provided for in this Agreement is ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods conu-nencing with the Effective Date shall not include the Effective PURCHASE AND DEVELOPMENT AGREEMENT/Local Devco Page 11 of 16 Date in the calculation thereof. 22.3 Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms,provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have ora waiver of any subsequent breach or default in any of such terms,provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 22.4 Construction. of Aggement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement.nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 22.5 Severabilfty. If any provision of this Agreement or the application thereof shall, for any reason and to any extent,be invalid or unenforceable,neither the remainder of this Agreement or the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced tote maximum extent permitted by law. The provisions of this Section all apply to any amendment of this Agreement. 216 Handwritten Provisions. Handwritten provisions inserted in this Agreement and tialed by CRA anct SELLER shall control all printed provisions in conflict therewith. 22.7 Waiver of J-uU Trial, As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 22,8 Attomffs Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 22.9 Binding Authori1y. Each party hereby represents and warrants tote other that each person executing this Agreement on behalf of the CR-A and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement, 22.10 RecordmR. This Agreement may be recorded in the Public Records of Pahn each County, Florida. PURCHASE ANb DEVELOPMENT AGREEMENT/LocalDewo Page 12 of 16 22.11 Sur-vival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER Property Deed and PURCHASER'S possession of the Property, 22.12 SELLER Attornevs' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement, 22.13 Public Records. SELLER is public agency subject to Chapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law. Specifically,the PURCHASER shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the SELLER in a format that is compatible with the information technology systems of the SELLER. e. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If PURCHASER fails to cure the default within seven (7) days' notice from the SELLER the SELLER may terminate the Agreement. f. It is the intent of PURCHASER to assign this Agreement, and all the rights and obligations thereunder, to an entity in which PURCHASER maintains a majority interest, to is SELLER hereby approves. THIS SECTION LEFT BLANK PURCHASE AND DEVELOPMENT AGREEMENT/Lo calDewo Page 13 of 16 IN WITNESS VVHEREOF, the Parties have executed this Agreement as of the Effective date. BUYER SELLER LOCAL DEV CO, LLC BOYNTON EACH COMMUNITY AND/OR ASSIGNS; REDEVELOMENT AGENCY By:-- By: Print Name: Print Name: Jerry Taylor Title, Title: Chair Date: Date: Witnesses: Witnesses: tvttomey ks form and legal sufficiency: C My PURCHASE AND DEVELOPMENT AGREEMENT/Local Devco Page 13 of 16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. BUYER SELLER LOCAL DEV CO, LLC BOYNTON BEACH COMMUNITY AND/OR ASSIGNS; REDEVELOMENT AGENCY By. fePrint Na�� 1" Pri 6tame: rry for Title: Title: Chair Date: fA q11 r- Date: Witnesses- Witnesses. W22 Approved as to form and legal sufficiency: CRA Attorney Exhibit "All Legal Description Lot 13 & 14, Block 4, ORIGINAL TOWN OF BOYNTON BEACH, according to the Plat thereof, recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, Florida PURCHASE ANND DEVELOPMENT AGREEMENT/LocaiDeveo Page 14 of 16 PCN #08-43-45-28-03-004-0130 EXHIBIT"B" REVERTER AGREEMENT This REVERTER AGREEMENT is dated as of this day of 2015 by and between the Boynton Beach Community Redevelopment Agency (the "SELLER") and Local Dev Co, LLC, having an address of ------------------------------,------------------------------------------- (the "PURCHASER"). RECITALS PURCHASE AND DEVELOPMENT AGREEMENT/LocalDewo Page 15 of 16 A. The SELLER has conveyed to the PURCHASER that certain real estate described on Exhibit "A" attached hereto (the "Property") pursuant to a Deed of even date herewith between the SELLER and PURCHASER, B. The PURCHASER has agreed to construct certain Improvements on the Property in accordance with the guidelines and criteria set forth on in the Purchase and Development Agreement. C. The Deed shall provide that if the PURCHASER does not construct the Improvements as set forth in this Agreement,then the Property shall revert tote SELLER. D. Further, the Deed shall provide that if the PURCHASER fails to keep the completed facilities operational for any nine on period and/or if the Property is not used for a CRA approved use (the approval of is shall not be unreasonably withheld), the Property shall revert to the SELLER. NOW THEREFORE, in consideration of the transfer of the Property to the PURCHASER and other consideration, the receipt and sufficiency of is are acknowledged, the parties agree as follows: 1. PURCHASER agrees at its sole cost and expense to complete the construction of the Improvements in accordance with the terms of the Purchase and Development Agreement attached hereto by no later than September 30 , 2016, (the "Completion Date"). 2. In the event the Improvements are not completed by the Completion Date (unless extended pursuant to the to of the Purchase and Development Agreement), the Property shall revert to and thereafter become fee simple real estate owned by the SELLER. Within 30 days of the written request of the SELLER, the PURCHASER will provide a general warranty deed to the Property in form and substance acceptable to the SELLER evidencing the reconveyance of the Property. 3. During the construction of the Improvements, PURCHASER will not place any additional liens or encumbrances on the Property except as consented to by the SELLER. In that regard, the SELLER agrees not to unreasonably withhold its consent to any construction loan financed with a commercial bank or similar lender intended to fund the construction and development of the Improvements. In such an event, the SELLER will enter into a Subordination Agreement in form and satisfactory to such lender. on completion of the Improvements satisfactory to the SELLER, the SELLER agrees to issue a letter acknowledging the release of the reverter rights described herein. 4. Following the completion of improvements and issuance of the Certificate of Occupancy, the PURCHASER must ensure the restaurant facilities, orother approved CRA PURCHASE AND DEVELOPMENT AGREEMENT/Local Dewo Page 16 of 16 uses as set forth in Exhibit "C", or as approved by the CRA, remain open for business during normal business hours and for not less than 40 hours a week. Failure to do so for any nine on period shall authorize the SELLER to exercise the reverter provision within the Deed. Should the SELLER exercise this right by providing 30 days written notice to PURCHASER, it will reimburse PURCHASER the fair market value of the property, as determined by an independent it party appraisal. Thereafter, PURCHASER will provide a general warranty deed tothe Property in form and substance acceptable to the SELLER evidencing the reconveyance of the rope to SELLER. This reverter provision shall automatically expire ten years from the Effective Date of the Agreement. This Agreement shall be binding upon-the parties hereto and shall be binding upon and inure to the benefit of it successors and assigns. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. This Agreement may only be modified oramended by a written agreement signed by authorized representatives of the parties hereto. WITNESS the following signatures as of the year and date first above written. Local Dev Co,,LLC and/or assigns; ......... Print Name 14A Title: ...... Boynton Beach Community Redevelopment Agency By: Ta r, Ch r �T i LW LEWIS Attorneys at Law LONGMAN 11w-law.com °4 WALKER� Reply To: West Palm Beach September 20, 2017 Thomas F. Carney, Esquire Carney Stanton, P.L. 135 S.E. 5th Avenue, Suite 202 Delray Beach, Florida 33483 Re: Boynton Beach Community Redevelopment Agency s/t to Shovel Ready Projects, LLC Dear Mr. Carney: As you are aware, this Firm represents the Boynton Beach Community Redevelopment Agency ("CRA") with regard to the above referenced transaction. Pursuant to the terms of the Purchase and Development Agreement (having an Effective Date of October 5, 2015) your client had post-closing obligations to timely develop the property. Specifically, the provisions of paragraph 18 of the Agreement set forth a development timeline intended to ensure the timely construction of the project and in turn provide your client certain grant incentives and funding if they are achieved. Please accept this correspondence as notice that the CRA does not believe that these development timelines are being achieved. While it is understood that a building application was submitted consistent with the Second Addendum of the Agreement, there appears to be no permitting activity since early May, 2017. Note that implicit in the financial incentive and development provisions of the Agreement is a requirement that your client diligently and in good faith respond to all requests for additional information or other inquiries from the City and other regulatory agencies. Please note that failure to do so constitutes a breach under the Agreement allowing my client the opportunity to pursue its available remedies, including the right to exercise its right of reverter as set forth in Paragraph 19 of the Agreement. JACKSONVILLE TALLAHASSEE TAMPA BAY WEST PALM BEACH 245 Riverside Ave., Suite 150 315 South Calhoun St., Suite 830 101 Riverfront Blvd.,Suite 620 515 North Flagler Dr., Suite 1500 Jacksonville, Florida 32202 Tallahassee, Florida 32301 Bradenton, Florida 34205 West Palm Beach. Florida 33401 T: 904.353.6410 T. 850.222.5702 T:941.708.40140 T: 561.640.0820 F:904.3E e&7($9�)i F:850.224.9242 F: 941.708.4024 F: 561.640.8202 See Things Differently' Thomas F. Carney, Esquire September 20, 2017 Page 2 The CRA supports your project and understands the intricacies and potential delays that can occur during the development process — timely completion of this project, however, remains a priority. I look forward to working with you in resolving the above. Sincerely, Kenneth Dodge KWD/jlb c: Mike Simon, BBCRA T. Utterback, BBCRA T. Shutt, BBCRA 00870590-1 �CRAWASM December 15, 2017 Steve Labov, Manager Shovel Ready Projects, LLC 630 North 3rd Street Philadelphia, PA 19123 RE: 211 E. Ocean Avenue Project, Boynton Beach Florida - Permit Approval Process Dear Mr. Labov: At the direction of the Board of the Boynton Beach Community Redevelopment Agency (CRA) given at their December 12, 2017 meeting, this letter is being sent as a formal request for the timely submission of your responses to the architectural and permit review comments as reviewed on November 9, 2017, by your development team and the City's Building Department staff. The CRA Board believes that given the amount of time since the November 9th meeting, expecting submission of these responses to the City by December 21, 2017, is fair and reasonable. It is our sincere hope that this project will move forward expeditiously under your ownership and is able to benefit from the redevelopment growth occurring within the CRA district. If we can be of any assistance to you during the permit approval process, please do not hesitate to contact me directly. Sincerely, Michael Simon Executive Director cc: Thuy Shut,Assistant Director, Boynton Beach CRA Tara Duhy, CRA Legal Counsel, Lewis, Longman&Walker, P.A. Jim Williams,AIA, Principal,AW Architects 710 N.Federal Highway,Boynton Beach,FL 33435 Office: 561-737-3256 Fax: 561-737-3258 www.boyntonbeachcra.com Shovel Ready Pro*ects rm 630 N. 3rd t, Philadelphia, PA 19123 215.592.7777 PRO www.shovel r adyproj cts..us December 20,7017 Michael Simon. Executive Director Bovnton Beach CRA 7101 N. Federal Highway Boynton Beach, FL 33435 RE 211 E. Ocean Avenue Project—Permit Approval Process Dear Mr. Simon, Your letter of December 1 i, 2017 caught us by complete surprise. We are moving forward as expeditiously as the permitting process in Boynton Beach will allow. Your expectation of our ability to respond does not take into account the magnitude of the issues involved. In fact, we have responded to the items for which responses were possible and appropriate without redesigning the project. It is my understanding that we are waiting ibr the City's decision as to which of their examiners will be moving forward with this project. I apt also awaiting a letter from Jim Williams, our architect, as to what we will need to do to move forward depending on the City's decision. We will, of course, keep you informed as to what is happening with the City and what we will need to do to move foa-ward. Sincere lY. Steve Labov Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 1 , 2018 I. Consideration of the Rental Agreement with the Boynton Woman's Club for the Historic Woman's Club of Boynton Beach J. Consideration of the Rental Agreement with the Boynton Beach Garden Club for the Historic Woman's Club of Boynton Beach K. Consideration of the Rental Agreement with the Boynton Beach Historic Society for the Historic Woman's Club of Boynton Beach - removed L. Update Regarding Purchase of 110 NW 6th Avenue Mr. Simon explained the CRA staff went through a tax deed auction for an approved purchase of a vacant parcel adjacent to a City-owned lot at the above address. The tax deed auction is not an easy process in which the CRA had not participated in the past. He advised the Property Appraiser's Office and the Tax Collector's technology simplified the process. The property was appraised at $36,700 and the Board approved a purchase price of no more than 20% above the appraised value which would make the maximum acquisition price $44,040. Yesterday CRA staff participated in the auction at Lewis Longman and Walker's Office and the CRA was the successful bidder. They acquired the property for $9,300. There were a few hundred dollars in administrative fees paid as well. Staff was very pleased. (Board Member Romelus returned at 8:59 p.m.) Mr. Simon noted there are future parcels the CRA is interested in acquiring that were set for auction in April or May. This will be on new business next month for plans for the property. Board Member McCray noted the Andrews House may be available. Chair Grant asked if the CRA was looking into foreclosure properties. Ms. Shutt explained staff wants to take a "first look." She has done this in the past through the Neighborhood Stabilization projects and programs. There are opportunities available to work ahead of time with several banks that are going through the pre-foreclosure process so they would the first look before going to the market. Staff would like to investigate the program further to avoid having to go through the bidding process. The participants are usually big banks such as Bank of America, Fannie Mae, Freddie Mac, Wells Fargo and others who service those mortgages as well. They have to pre-sign purchasing agreements with the banks. M. Project Update 211 E. Ocean Avenue Ms. Shutt explained at the December meeting, the Board had decided that CRA staff would contact the developer and notify them the Board expected revisions would be submitted to the City by December 2111 and if not, the outside date to submit a 21 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 18, 2018 response, was this meeting. If no action was taken by the developer to get the permit approved, the Board would determine if they would use the Purchase Agreement's Reverter Clause. No revisions have been received by the City on their last round of comments. At the last meeting, Mr. Simon emailed Andrew Mack, Shane Kittendorf and others and the architect. Mr. Simon received an immediate response from the developer. Everyone has done all they could to facilitate the drawings and nothing was submitted to-date. Mr. Simon announced staff made a diligent and good faith effort. Board Member Casello explained this was ongoing since 2015. The arrangement was they would build it out to a restaurant and get a client. He thought the developer was trying to get a client before they build out. He felt the Board was more than generous with them and has had numerous communications with them, but nothing was done. The developer is sitting on land that is becoming valuable as the Town Square moves forward and it appeared the Old High School will be finished before the 211 E. Ocean project starts. He requested the Board exercise the reverter clause and start the process. The cost would have to be calculated and Attorney Rossmell advised she could submit a budget. Chair Grant noted it would be another month. He asked if it would be more or less than $50,000 and asked how much it would cost if they had to go to trial. Attorney Rossmell explained she would like to submit a not to exceed amount. Mr. Simon agreed with Attorney Rossmell's suggestion to get them started. The first phase would be a letter to them initiating the research and staff would know within the next 30 days. Chair Grant was concerned if the developer submitted plans and the CRA already filed suit. He asked if the lawsuit would be moot or if the CRA can retain the project. Attorney Rossmell explained it would not be a guaranteed moot suit because the assertion would be made in the filing the developer did not act in good faith and it is not automatic that once a party does start to act, that it constitutes good faith. Board Member Casello suggested starting with a $25,000 figure. Vice Chair Katz explained the land could be valuable because of the Town Square project and because it has a historic building on it. He wanted to see the developer proceed with what they had indicated. He was concerned if the CRA re-acquired the property, the Board was committing them to allocate a significant sum of money to someone in the future to develop it. He questioned what the benefit was if the current property owner does not develop the property. He would rather force them over time to develop it than to take on some unknown cost. Converting the Little House to a restaurant may be an example of how there are unknown costs and he was concerned after the CRA regained the property, the CRA would incur substantial costs to entice a new developer to purchase and develop it. 22 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 18, 2018 Board Member Casello explained the house was only historic on the local level, and the designation could be removed. Chair Grant explained the CRA received $255,000 for the property and the CRA would have to return those funds and perhaps any taxes they paid on the property. The CRA is not getting the property for free even if they use the reverter clause because payment to the CRA had already been made. His issue was at one time, the CRA purchased the property for about $900,000 and the CRA already lost over $600,000. If the CRA could get the $900,000 back by paying $25,000 to $50,000 in extra costs for the two years nothing has occur, he viewed it as a plus because the property value increased in the last two years. He favored spending the money knowing there are costs in the future due to its historic nature. If the developer continues to take his time, the property may not be developed until after the Town Square. He wanted to make sure the Board does all it could to obtain the property and issue another RFP with more stringent requirements for the project with a surety bond. Board Member McCray questioned if the developer wants the CRA to take it back. Chair Grant requested a motion to approve an expenditure not to exceed $25,000 to execute the reverter clause. Motion Board Member Casello so moved. Chair Grant passed the gavel and seconded the motion. The motion failed 2-3 (Vice Mayor Katz, Board Member McCray and Board Member Romelus dissenting.) Vice Chair Katz thought the developer became aware that converting the property to a restaurant was costly and thought the developer was waiting for the CRA to buy them out. Board Member Casello thought the developer was sitting on the property until the value increased and would then flip it. N. Consideration of an Interlocal Agreement with the City of Boynton Beach for funding of the Ocean Breeze East Project with Centennial Management Corporation Mr. Simon explained the Interlocal Agreement is with the City to provide the local government match for Centennial Management. The local government match is $567,500 for the low-income housing tax-credit grant application. Motion Vice Chair Katz moved to approve. Board Member McCray seconded the motion that unanimously passed. 23 LEWIS Attorneys at Law LONG AN l Ilw-law.com WOOF, SM LW , LL Reply To: West Palm Beach February 19, 2018 VIA REGULAR&CERTIFIED U.S. MAIL Stephen Labov Shovel Ready Projects, LLC 630 N. 3 d Street Philadelphia, PA 19123 Re: 211 E. Ocean Avenue, Boynton Beach, FL; Notice of Default Dear Mr. Labov: At the direction of the Board of the Boynton Beach Community Redevelopment Agency ("CRA") given at their February 13, 2018, Board meeting, this letter shall serve as a formal Notice of Default of the Purchase and Development Agreement for the above referenced property, as the same has been amended (attached hereto as Exhibit"A"). Specifically, Shovel Ready Projects, LLC has failed to meet the development timeline in Paragraph 18.3 of the Agreement by failing to diligently pursue its approval of the permits required to commence construction. Accordingly, pursuant to Paragraph 19 of the Agreement and pursuant to the terms of the Reverter Agreement executed by the Parties, the CRA demands that Shovel Ready Projects, LLC, execute a General Warranty Deed conveying the Property back to the CRA within 30 days of the date of this letter. Your prompt attention is requested. Please contact- me ,s-hould you have any questions regarding the above. ,, Sincerely, Tara W. Duhy, Esquire KWD/jlb Cc: Thomas Carney, Esquire M.Simon, BBCRA T. Utterback, BBCRA K. Dodge, LLW JACKSONVILLE TALLAHASSEE TAMPA BAY WEST PALMI BEACH 245 Riverside Ave.,Suite 150 315 South Calhoun St.,Suite 830 101 Riverfront Blvd.,Suite 620 515 North Flagler Dr,Suite 1500 i Jacksonville, Florida 32202 Tallahassee, Florida 32301 Bradenton, Florida 34205 West Palm Beach, Florida 33401 T 904.353.6410 T:850.222.5702 T:941.708.4040 T 561.640.0820 i F:904.35o&7bi0i F: 850.224.9242 F:941.708.4024 F:561.640.8202 Simon, Michael From: Simon, Michael Sent: Tuesday, March 6, 2018 12:35 PM To: 'Ken Dodge';Tara Duhy Subject: RE:211 E.Ocean Ave., Boynton Beach, FL Ok, thanks to the both of you. From: Ken Dodge [mailto:kdodge@llw-law.com] Sent:Tuesday, March 6, 201812:30 PM To:Simon, Michael<SimonM@bbfl.us>;Tara Duhy<tduhy@llw-law.com> Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Hi Mike, I have not. I made it pretty clear in nay discussions with him that while we would try and accommodate a meeting with staff today his time would be better spent on the 1V'addressing his position with the Board. Will let you know if I hear from hire. Kenneth W. Dodge I Executive Shareholder Board fied Real Estate Law 515 North Flagler Drive, Suite 1500 1 West Palm 0each, Florida 33401 l dod o �111w-lawcom 1561.640.0820 y Q a r d I aMet I t3io Iirr us or,lin LEWIS L LW I LONGMA WALKER The inforne tlor-.contained in this transmission may he epally privileged arrs cordfi fz rtial.It w 4rfe nded only fr,:ar the,use:of the reddent(e)named above,€f the reader of fhla ine>rsage i<,not i're ir'tend ed recipient,you are hereby notified that you reo ived kF-.-ts cemmu-Ncall on in error,and that any 6srterriinatriir,r.stinbution,o copyring oftins ccmritnicaflir,i is ntdc1ly prohracred.3r`yetu€rava rete ve.f th:s exornrrurcoahan in error,leie abs notify the reader immediately by rem}email strict veleta the message and all copies of ft. From:Simon, Michael rraailto:S!moni '@bbfl.ur] Sent:Tuesday, March 06, 2018 12:19 PM To:Tara Duhy<dghy, l �la:1tv corn Cc: Ken Dodge<kd i go Ii -law.co > Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Have either of you heard anything on a meeting today? I'm trying to schedule other meetings and didn't know if they were coming or which time? Michael Simon, LRES, FRA-RA Executive Director Boynton Beach Community Redevelopment Agency 71.0 N. Federal Hwy. I Boynton Beach, Florida 33435 1 561-600-9091 1 1, 561-737 ,Jt -3258 _J SimonM@bbfl.us I http://www.catchboynton.com BOYNTON wwwBEAC CRA America's Gateway to the Guffstrearn Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. -----Original Message----- From: Tara Duhy ............ Sent: Monday, March 5, 2018 3:05 PM To: Simon, Michael <SimonM(0,'r)bfl.us> Cc: Ken Dodge<-I .. c(lodi4eii�.,.Ilw--.I.aw.com> '""W.................. Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Tom- Mike can try to make 1:30 or 4 pm work. On Mar 5, 2018, at 2:30 PM, Simon, Michael<Sirrwo'T.IM,�e..bbfl.-Lis<i.7.,iailto-Sitn.onM(ti-i)t fl.p§>>wrote: I have a 3pm meeting with the Church Trustees. I didn't hear anything... I suppose they could come at 1:30pm or 4pm? Michael Simon, LRES, FRA-RA Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach , Florida 33435 <image937339.png> 2 561-600-9091<tcl.: l- 00-lel l> <image278475.png> 561-73 7-3258<fax:561-737-3258> <image981212.png> i or ( fbb l.us-,-iiiaii : imoihric b.)t mizF,> <image 100270.png> alt a as � s ...... t_p ww . chb0 v IIton,com > <image515122.png><I�ttl)s,.:'/tw tter. oiTil N°:its nb°.— c]iCR > <image503714.png><� 1 /t/ w f eb c��r /t �� ./ � � Beaclz t i /l 93803436 > [http://wwl.boynton-beach.org/signature/cra.jpg]< C :? a tic s :c -C MI/ America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. -----Original Message----- From: Tara Duhy [mailtoAduby l ® wcot.. Sent: Monday,March 5, 2018 1:03 PM To: Simon,Michael <Simo A 4'e,i bb 1, ,,'mzLiltc.; l it r (e�bIiI'I,_ »; Ken Dodge- tk � -�e( =A Subject: Fwd: 211 E. Ocean Ave., Boynton Beach, FL Mike - I now have an appointment in the afternoon. I can attend a meeting by phone or Ken can attend if you still have a availability tomorrow Begin forwarded message: 3 From: Thomas Carney <tfe('a.ca.riie,,,sl,,Tnt.on.coni---rriailto:tf ('camevstaniton.eom><mai,lto:tfc.f�(r canton.corn>> Date: March 5, 2018 at 12:53:18 PM EST To: Tara Duhy<tduh,,�ajlw-law.cf,)m<tyiailto-.tdii (,Pi,ll.w-law.(,,,om><niailto:tdLill!((I, J4,w.corn>> Cc: Ken Dodge l �v,coin.><rnctilto-kdodL-Iel('(t.,,Ilw"-,I,,iw.corll>>, Michael Simon<S'mo M -i bbfl.us<,ririailto:SirnonMf(1,bbfl.us><T'naiIto:SirnonM( r,bb&u >> -1111-411111�� — —------------------------------ Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Good Afternoon, I have just confirmed that I can have someone at the meeting tomorrow. Can you tell me what time is good for you? Thank you very much Tom Carney -----Original Message----- From: Tara Duhy [mailt(,')-.tOILIL q-4 or Sent: Tuesday, February 27, 2018 1:09 PM To: Thomas Carney Cc: Ken Dodge; Michael Simon Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Yes Tara W. Duhy Lewis, Longman &Walker, P.A. (561) 640-0820 On Feb 27, 2018, at 12:05 PM, Thomas Carney <t fc�Li Lc± � t LI%--I -nLe�,,starit(.)n.com<mailto.tf(-((i carte e,),,st�ritit.on,com><,rrj..ail'to:tfc�cica-.ne%,stariton.com>>wrote: Thank you, yes I did. By Tuesday, do you mean the 6th? torn -----Original Message----- From: Tara Duhy [Lymilky tduj-j�,?(q,11w'-"'la'w','colrd Sent: Tuesday, February 27, 2018fiA9 AM To: Thomas Carney Cc: Ken Dodge; Michael Simon Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Tom - I understand you spoke with Ken earlier and will let us know if you and your client would like to meet with Mr. Simon and I in advance of the March meeting. Mr. Simon and I are available Tuesday afternoon next week. Thanks, Tara W. Duhy 4 Lewis, Longman&Walker, P.A. (561) 640-0820 On Feb 27, 2018, at 11:20 AM, Thomas Carney <tfc,a c,,trrieNstziiiton.coi-ri<niailto-tf(,,,,F(�, in><rr1aiIto-ffcYu,,cTrn eYstanton.com>>wrote: Tara, I really am not looking to do battle here. Especially with you and Ken. But we have invested too much in this project and are not just going to walk away, especially with multiple delays, requests, going through several "examiners" at the city(including the last one who rejected the prior examiner's finding and agreements and started over again with NEW requirements. Then the city comes and says we are not meeting deadlines? We need to calm down and get the city/cra to stand down. We are working to complete. To now have to appear under the 'threat" of litigation will only prove to accomplish just that. Tom -----Original Message----- From: Thomas Carney Sent: Tuesday, February 27, 2018 11:08 AM To: 'Tara Duhy' Cc: Ken Dodge Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Respectfully, I spoke with Ken on Thursday,he said he and limited time on Friday and we both agreed on that Thursday call that I would circle back with him on Monday. I called, as agreed, and am waiting for a call back -----Original Message----- From: Tara Duhy [i,.ciailto:tduti�(,."ei,llw-1 .com] Sent: Tuesday, February 27, 2018 11:00 AM To: Thomas Carney Cc: Ken Dodge; Simon, Michael; Steve Labov (Sh(r,sliovelreadvi)r()'ects.us<mailto-sl(�i,:sli(,,)veli-e,.t(,I\,INnjects.us><:mailto:sI I — -1111----- t(,i, hovelread%eliinoje(,,,ts.i,,i,,,>) Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Respectfully, my partner, Ken Dodge has spoken with you in return of your calls and he will be calling you today as I am in meetings. We are awaiting Mr. Simon's availability for a meeting with CRA staff as requested. Tara W. Duhy Lewis, Longman &Walker, P.A. (561) 640-0820 On Feb 27, 2018, at 10:53 AM, Thomas Carney l <ttca camevstcn,co ,,dit(.) m-,,ma.ilto-.tf(,?,�ie� m ciriistariton.com>< ailto:tfc,,,,'(I.c.arneosta ,,c tonxoni>>wrote: And I am still waiting for a call back from my calls of Thursday, Friday, Monday, and this morning. -----Original Message----- From: Thomas Carney 5 Sent: Tuesday, February 27, 2018 10:50 AM To: Tara Duhy Cc: Ken Dodge; Simon, Michael; Steve Labov u !lCiv (,,)y reit �,�))r je is Its` i aat o. ti,s io v r.e. ""�I)roje((tss. � >>"�Fm . ts ii s ,te" e �' mJjcts,us>) Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Thank you for your letter I must categorically reject your position,however. We have not dropped the ball here. The city staffs actions have directly contributed to this situation and has frustrated my client's efforts with respect to this property. There are other factors at play here as well which you clearly have not been made aware. We will be at the meeting,but(again) respectfully request a meeting be set up with staff on the Friday or Monday preceding the March 13th meeting. Thank you Tom Carney -----Original Message----- From: Tara Duhy [Yriailtouh (a ::i -law.. I] Sent: Tuesday, February 27, 2018 10:26 AM To: Thomas Carney Cc: Ken Dodge; Simon, Michael; Steve Labov WI( � t It ��t�� tt� srs�ttltct � 'tt siov l early o 1p Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Mr. Carney- We appreciate your client's position. However, at this point, staff is not is a position to change course. We have been directed by the CRA Board to institute the reverter provision of the contract. The next regular meeting of the CRA Board is on March 13 at 6:30. I would suggest you attend that meeting and present your client's position at that time. A special meeting of the Board has been scheduled for March 20, where the Board will decide its next steps regarding the property. Tara W. Duhy Lewis, Longman &Walker, P.A. (561) 640-0820 On Feb 26, 2018, at 6:14 PM, Thomas Carney <t �cr c r y,v .it())n.coT:°iK�mail ol-t c,'r,i,e� i :�t iatoiiso°om><r �ailt ,.t ,((L;,i t N� t oti orll><ia ilt `:tfc,;(i �. a; . N.. .......... vstant ettom>>wrote: Ken, Please let me know what time is good for you tomorrow to discuss further From: Thomas F. Carney, Jr. [rnail o tfve i carneylegal I I tt] Sent: Monday, February 26, 2018 4:09 PM To: 'Ken Dodge; 'Simon, Michael' Cc: 'Tara Duhy'; 'tfc@carneystanton.com<tta tilt,(,.) lt,=rr t°arrie�stai,iton. oiii><t tailt t:t t,,(cl c -tt� st,t;to cot a><r to,t t�(,r ame: : s.t.nttt .com> r - 6 Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Ken, I just left a message at your office in furtherance of our conversation last Thursday. I have researched this on our end and must respectfully disagree with the position taken in your letter dated February 19, 2018 (a copy of which I have attached for your ready reference) My client has been diligently pursuing the necessary approvals with the City. Indeed, after receiving(some time ago) letters from the City as to certain deficiencies, all of them were addressed to the (then) satisfaction of the reviewer. Suddenly, a new person was assigned to the file and everything had to start again-- including the rejection of the changes which had been mandated by the prior reviewer(and which ne conditions required new structural changes). My client has substantial funds invested in this project and, if the CRA is frustrated, imagine our frustration with having to keep dealing with new issues. We really aren't looking for a battle here as we want very much to complete this effort. To ask my client to now, after all the time, effort, money, and back and forth with(now) several reviewers), is not justified and certainly does not raise itself to any transfer back of the property that we are desirous of completing. I am not sure what you are hearing,but I am hearing a different story. My client has no intention of walking away from this project. Please confirm the next CRA meeting date. Also, Please confirm that we can meet with the City the Monday(or Friday)before the meeting to clarify and resolve any concerns. ADDENDUM TO PURCHASE AND DEVELOPMENT AGREEMENT This ADDENDUM to Purchase D Wlelo ment Agreement (hereinafter "Agreement") is made and entered into as of-M_ 18, by and between BOYNTON BEACH 1, a COMMUNITY REDEVELOPMENT AGEN a public agency created pursuant to Chapter 163, Part 111, 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: I. 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. 3. 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 CXeCLIted this Addendum as of the date first set forth above. BUYER SELLER LOCAL DEV CO, LLC BOYNTON BEACH COMMUNITY AND/OR ASSIGNS P O REDEVELNIENTF AGE CY V LO By Bv: d. Print Name: Print Name: Title: Title: Date: Date: Witnesses: C14, Witnesses: IT Approved as to form and legal sufficiency C" Attorney W959487 3 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 NEW BUSINESS AGENDAITEM: 14.A. SUBJECT: Consideration of Terms for Interlocal Agreement between the Boynton Beach CRA and the City of Boynton Beach for Funding Associated with the FDOT US1 Intersection Enhancement Project SUMMARY: On August 8, 2017, as part of the FY 2017-18 Budget discussion, the CRA Board discussed the funding of potential 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. At their meeting on April 10, 2018, the CRA Board was presented with an opportunity to work with the City of Boynton Beach and FDOT to consider supporting the installation of the City's logo image of the Sailfish within several prominent US 1 intersections located within the boundaries of the CRA Redevelopment Area (see Attachment 1). The cost estimates provided to staff indicate an average cost of $58,000 per intersection including a 20% contingency (see Attachment 11). The CRA Board approved funding in the amount of $286,000 to be used for the proposed interaction enhancements at the following five (5) intersections: • Woolbright Road and US1 • E. Ocean Avenue and US 1 • E. Boynton Beach Boulevard and US1 • Martin Luther King Jr. Boulevard and US1 • Gateway Boulevard and US 1 The April 10th CRA Board funding approval included the Gateway Boulevard and US 1 intersection (see Attachment III), however staff was notified by FDOT subsequent to the meeting that the limits of the proposed project terminated at the C-15 canal. Therefore, this intersection has been removed from consideration at this time. Under FDOT guidelines, the official entity required to execute the formal agreement and funding commitment must be the City of Boynton Beach. In order to provide funding for the intersection improvements, the CRA will need to enter into an Interlocal Agreement (ILA) with the City. Due to time constraints, a mutually agreed to ILA document was not completed by the time of this Board meeting. In order to provide the City Commission with assurance the CRAwill participate in the project by funding the costs of the proposed improvements, staff has created an ILA Term Sheet that can be used to represent the agency's commitment until such time as a formal ILA document can be approved (see Attachment IV). 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 Property Acquisition and Survey&Appraisals line items. CRA PLAN/PROJECT/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 $230,000 dollars. CRA BOARD OPTIONS: 1. Approval of the ILA Term Sheet that can be used to represent the agency's commitment until such time as a formal ILA document can be approved for the proposed intersection improvements associated with the FDOT US 1/Federal Highway corridor enhancements. 2. Do not recommend approval of the ILA Term Sheet that can be used to represent the agency's commitment until such time as a formal ILA document can be approved for the proposed intersection improvements associated with the FDOT US 1/Federal Highway corridor enhancements. 3. Recommend an alternative after further discussion. ATTACHMENTS: Description D Attachment I - Proposed Logo Layout D Attachment II -Cost Estimates for Woolbright Road, Ocean Avenue, and Boynton Beach Boulevard Intersections D Attachment III - Minutes from 4.10.18 CRA Brd Mtg D Attachment IV - ILA Term Sheet r O, r lI, , W Pg Sr ��f iI�(�}�r sI F IS� r t\I• r �,� o r � i c um>$�aa�®seas®'®®aaaaaaa®'®®aa®'aad'aa0aaaaaJ'aaaaaaaa� U� �;r11} � 'i ��'assess®®'6aaaaaaa6aa®�a��O�'aaaaaaaaaaaa®aaadaa a1 z 3 i ow`s aha®a1 1�5rrt s`� eases®� .®a®eases r s,4�]�, i r rt aaaaaa� Iz 77, �Ma�a�®�a�as MINE; ME o +I4£U r t r r Usi ►0�®'►i'tl� i I s '. ,,,'� 2 71�(.ukjl�)(9 S�t t�.r �a�I�a�E;" Oa�aP� nil cn rs i,„�� i t'� Ya��✓�ada�� lWli Z ps t r i f�s ' ay cv z q s a r'aaaaad Jr},l s�t s K 0�'aaadas r,, W i, F raraaaa �araaraa 1'{;t3t ,r e�e��ae � ! t S fr yti maaaaaAa paa'aa®'a® � ',y," WN MR, `IIIIHWN f.... \2 rrts 1 ®�M®�Eaaa�aaaOSk, aa��aa�a ��r-I�i��sii\(r�s alC�1<S< t 1 t r rs`„,sscr sl SS 1s i} *,-•t 1ST`>►a��a��J'®i`��!��`®!a ,'. WO � a� t, I .• „'* o-d'®®m ®'rOUR MIAMI MR? ®oaaaaaaaaaaaaa®aaaaaaaaaaa� rI � a®aaaaaaaaaaa®aaaaaaaa®aaa o r � r ry le, is Ur)ir i t ,r sa ) r j 1�r sG>>S is rr4 1} r 3 Vj sPillizi s rQ 7rt i r; riI + 11$� ? �srMl�`1 s1r i 11 �3, �� i{lyi�Ai r� � ' `' � ��l t'� ESS} � �,�h �� y,, k � �• I \ii A " �rE t c I r u`' t �1 f g rt -- � � t '•,_ 2 t 6t ��t'�( �'� rt�v"� k' � � ,1.E t �. t�h �` } =E. ty, , r �f , t l� � 4t 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 $ 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 $ 90.00 $ 46,165 SUBTOTAL $ 46,165 CONSTRUCTION SUBTOTAL $ 46,165 20% LFA CONTINGENCY $ 9,233 TOTAL $ 55,398 $ 169,781 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 the City and incorporated into the Cityscape. If the Church wants to keep it and the Board did not include it as a stipulation, he did not want to see the deal fall through. He believed the church would preserve it and hopefully they would offer ideas. Mr. Simon explained the CRA is purchasing the building and inside the building there is recognized art. The property is owned by the Church, but the artwork is affixed into the structure so to sell the structure, a fixture is generally thought of as non-removal. If the artwork was on the site and the Church owns it and wants to take it, it should be written in the contract. The CRA did not buy the property with the added value of the art included in the value of the property. Board Member Casello thought the CRA could incorporate it into its own landscape or buildings, or if it is important to the Church, he would not object if they took it with them. He wanted the art preserved. Chair Grant understood, if it is a fixture and an exterior window it is purchased as part of the building as opposed to a painting on a wall. He proposed staff discuss it with the congregation to ensure the CRA will preserve any type of art in the building and any fixture they are also willing to preserve those artworks as well. There was consensus. Attorney Rossmell requested clarification the Board does not wish to clarify the contract to state that or they do. The Church already signed the contract and the Board did not want to let anything fall through. Under the GRA's interpretation, a stained glass window would be considered a fixture versus a piece of art that is hung up. Staff will have the discussion that any other pieces of art would and the CRA would maintain and preserve for the future. If the Church takes out the stained glass window, they will have done something to the building before the CRA purchases it. The agreement will not be changed, but it is a discussion the Board wants staff to have. 14. New Business A. Consideration of Purchase and Sale Agreement for the Properties Located at 211 NE 9th Avenue and NE 11th Avenue Motion Vice Chair Romelus moved to approve. Board Member McCray seconded the motion that unanimously passed. B. Consideration of Funding of Intersection Improvements Associated with Florida Department of Transportation US 1/Federal Highway Project Thuy Shutt, Assistant CRA Director, explained this item is not funded in 2017/2018 budget. In August 2017, the Board had discussed what to spend on the enhancements of US 1 as part of the FDOT road resurfacing plans. These were cosmetic items to increase pedestrian safety and/or bike lanes at a larger or more prominent intersection within the corridor that it is not funded by base elements of the resurfacing job. Since the budget had to be adopted, staff did not have the prices and FDOT did not progress far enough along with their plans, the Board did not allocate an amount for improvements. 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 On March 15th, City and CRA staff had a conference call with the FDOT for improvements at three intersections all on US 1 at Woolbright Road, Ocean Avenue, and Boynton Beach Boulevard. Improvements included patterned pavements on the crosswalks to make the intersection more visible. The improvements are an upgrade because the improvements being made by FDOT is more than what staff anticipated in the past. With the City's recommendation, there should be some highlights of the intersection. The FDOT will install lighting at intersections for pedestrians and will have bike lanes and resurfacing. City staff recommended another four intersections in addition to the three already mentioned which were on Gulfstream, SE 23rd, Gateway and MLK Jr. Boulevard. The preliminary cost from the City engineer is about $58,000 each. These intersections on Ocean, Woolbright and Boynton Beach Boulevard in addition to MLK will be more prominent and more effectively be seen and visible. The other intersection at Gateway and on Gulfstream already has a vertical entrance sign that signifies departure and arrival into Boynton Beach. The improvements would highlight the intersections and give a sense of arrival to the City. Funding would not exceed $230,000 for the four recommended intersections. Vice Chair Romelus liked the improvements, but favored adding Gateway Boulevard to the set of intersections and substituting it for Ocean Avenue as it already has several embellishments such as Cavalcade. She noted Boynton Beach Boulevard was nearby and she thought having two embellished intersections next to each other was not good and she favored Gateway Boulevard as the alternate. Board Member Casello asked if the funds have to be used only for paving and learned it could be used for anything in addition to the resurfacing. She clarified they were using a thermal plastic paint, not pavers and it was cosmetic. Board Member Casello asked how it would improve the beauty of US 1. Ms. Shutt explained it would accent the intersections to have something other than asphalt. The FDOT no longer approves pavers in the right of way based on maintenance issues. The improvements are aesthetic. Maintenance would be handled through an Interlocal Agreement between FDOT and the City for anything in addition to what FDOT cannot maintain. Board Member Casello commented that initially, the roads will look good, but they do not hold up. He questioned whether the money could be used for anything else on US 1 as opposed to using thermal plastics. Ms. Shutt commented they could look into it. Mr. Simon explained staff was bringing information to the Board that was mentioned at the FDOT meeting. All the items the Board wanted to spend the money on would be paid for by FDOT including the pedestrian and bikeways. They have gone above and beyond what the CRA could have paid for. This is the only option the CRA has with the FDOT for this project. Ms. Shutt explained FDOT will bid the project and design it, otherwise the CRA would have to do that and go through the permitting procedures in the future. Board Member McCray wanted, in addition to Ocean Avenue, to include Gateway. He favored removing the pavers on Boynton Beach Boulevard and making the roadways beautiful as they will be a focal point with the Town Square. 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 He proposed to increase the line item from $230,000 to $287,000 or whatever it would take including enhancing Ocean Avenue because it would be a destination. Chair Grant asked what direction the top of the Sailfish logo should face because it makes a difference where motorists would drive. He commented a good example of this type of thermal plastic was on Fern and Tamarind in West Palm Beach. He thought having artwork on the road promotes bike and pedestrian traffic. Vice Chair Romelus requested clarification the City would have to maintain the thermal plastic and learned they would. Ms. Shutt explained it is a similar material to what is on Atlantic Avenue and NW SW 12th. It will withstand some of the heat, but there will be wear and tear on it from vehicle traffic and they would have to seal it. She did not have cost for the plastic but commented the city engineer should have those numbers. The CRA and City were part of the call and the City did not identify anything further than what the State was doing. The medians are not included in the improvements made by FDOT, only the resurfacing, restriping, bike lanes and some intersection lighting and crosswalks. Ms. Oyer asked if the thermal plastic was used for the 1-95 logos. Ms. Shutt did not know, but she had an example of the material. She suggested the top of the sailfish face towards the ocean. As per Board Member Casello and Vice Chair Romelus regarding the wear and tear, she asked about doing something on the corner or on the sidewalk such as ocean waves drawing people to the ocean. She thought there may be less wear and tear, but it would stili beautify the area and all would see it. Chair Grant felt Gateway and US 1 was inviting to motorists driving north to south, and the top of the sailfish should be on the south side. Entering the City from the south, the top of the sailfish should face north. Mr. Simon had images showing the product and the intersection of Ocean, Boynton Beach Boulevard and Federal Highway and the bill of the sailfish was pointing east. Board Member McCray suggested bringing back visuals. Mr. Simon explained the issue for the Board is whether or not the CRA would pay for the thermal plastic. The Board had until December to decide which way the Sailfish bill would point. Motion Board Member Katz moved to approve the improvements at the five intersections. Board Member McCray seconded the motion. Board Member Casello thought the money may be better spent beautifying US 1 than putting thermal plastics down at intersections not knowing how maintenance would be needed and how they would be repaired in the future. The motion passed 4-1 (Board Member Casello dissenting.) C. Discussion and Consideration of Lease Terms for the Property located at 201 NE 9th Avenue 21 TERM SHEET: INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE 2019-2020 FLORIDA DEPARTMENT OF TRANSPORTATION USI CORRIDOR INTERSECTION ENHANCMENT PROJECT PLAN: 2016 Boynton Beach Community Redevelopment Plan, Downtown and Federal Highway Corridor Districts PROJECT: Florida Department of Transportation (FDOT), US Corridor Intersection Enhancement Project LOCATION: US Intersections at: Woolbright Road, E. Ocean Avenue, E. Boynton Beach Boulevard, and Martin Luther King Jr. Boulevard CRA FUNDING: $230,000—Fiscal Year 2017-2018 Budget, Project Fund: 4 02-58200-406 LIMITS: CRA shall only be responsible to the CITY for providing reimbursement for Statutorily eligible expenses for the Project, and shall not otherwise be responsible for effectuating the Project. TERM: Commencement upon execution by both Parties and terminates upon achieving Certified Completion of the Project and CRA reimbursement of funding to the CITY. 05.04.18_TermSheet_I LA—US 1_I ntersectionEnhancmentProject t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 NEW BUSINESS AGENDAITEM: 14.13. SUBJECT: Consideration of Interlocal Agreement between the Boynton Beach CRA and City of Boynton Beach for funding associated with the NW 11th Avenue Street and Utility Improvements associated with the Model Block Project SUMMARY: Located within the Heart of Boynton and Poinciana Gardens neighborhood, the Model Block project continues to be a successful collaboration between the CRA and the City of Boynton Beach to revitalize an entire residential block directly south of Poinciana Elementary School between NW 11th Avenue and NW 10th Avenue. The CRA and City of Boynton Beach have been working together on property acquisitions, new single family homeownership opportunities, pedestrian enhancements in addition to roadway and utility improvements within the Model Block project area since 2012. Working together with Habitat for Humanity and the Boynton Beach Faith Based Community Development Corporation (CDC), six (6) new homes have been built with a seventh home currently under construction (see Attachments I & 11). The project is now focused on the planned roadway, utility and pedestrian improvements to be constructed on NW 11 th Avenue along with the required re-platting of existing lots owned by the CRA and City in order to create more buildable lots. The design and construction plans for the NW 11th Avenue Street and Utility Phase were completed by CRA and City staff working with our engineering services firm, Kimely-Horn & Associates, Inc. The City's Purchasing Department managed the Invitation to Bid (ITB) process along with key City staff from the Planning and Development and Public Works Departments (see Attachment 111). Final contractor selection and contract award will not be completed until the beginning of June 2018 but CRA funding will need to be committed and available to the City in the form of an Interlocal Agreement (ILA) prior to official contract execution by the City Commission (see Attachment IV). The CRA Board approved funding in the amount of $350,000 within the Fiscal Year 2017-2018 Project Fund for the NW 11th Avenue Street & Utility Phase of the Model Block Project. FISCAL IMPACT: Fiscal Year 2017-2018 Budget, Project Fund Line Item -02-58200-406: $350,000. CRA PLAN/PROJECT/PROGRAM: 2014 Heart of Boynton Plan, 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the Interlocal Agreement between the Boynton Beach CRA and City of Boynton Beach for funding in the amount of $350,000 to be used for the NW 11 th Avenue Street and Utility Improvements associated with the Model Block Project. 2. Do not approve the Interlocal Agreement between the Boynton Beach CRA and City of Boynton Beach for funding in the amount of $350,000 to be used for the NW 11 th Avenue Street and Utility Improvements associated with the Model Block Project. ATTACHMENTS: Description D Attachment I - Model Block Project Map D Attachment II - Model Block Project, Heart of Boyton District D Attachement III - NW 11th Ave Roadway Plans D Attachment IV - ILA Model Block - NW 11th Ave 4 AllfA 4 � s t Lir li i< �(i1i�17tI�tsiif �� t J 1 lls 711 t�,j�'��i J s� ,�° '•t r a Si1,tV��liii��ii}�1ti;I�{�1�{3i c�. . t�t`�fl-rtiv`�•—i ��1 � k '�i�} sttvi�t�>t��l� � �,. t - l� -3� r l 4 d �' 4 Y J �A t m r* W ' s, I S�z e r a o , i x Y �I I i (Iits}i sr t i t� i t, l Heartof Boynton i D a rict Introduction Planning Challenges Planning Considerations ij The Vision su C. Stanley Weaver(C-Canal) canal to the north, 1-95 to the west, N.E. 3rd Avenue to the south and the The Heart of Boynton District is a 380-acre FEC rail line to the east. The area is within walking neighborhood developed predominantly with distance of the Cultural and Downtown Districts. single-family homes. The neighborhood has several parks, two public schools and numerous A major arterial road—Seacrest Boulevard—runs churches. Unfortunately, it has been the victim through the neighborhood north/south. Martin Luther of disinvestment over the last 50 years. The two King, Jr. Boulevard, once lined with locally-owned Census blocks of Tract 61 which encompasses businesses, runs east/west. this District have the median household income of$20,848, the lowest in the City. There are two public elementary schools in the neighborhood, Poinciana and Galaxy. Both schools To counter the decline of the neighborhood,in 2001 are STEM schools(Science,Technology, Engineering the CRA and City adopted the Heart of Boynton and Math). Community Redevelopment Plan. The Plan was updated in 2014 to reflect the achievements of the There are a number of parks and special use areas original plan and add new projects to reflect the within the neighborhood, such as, Carolyn Sims current market conditions. Community Center, Galaxy Park and Scrub and Sara Sims Park. A number of recommendations of the original +. CRA Plan have been implemented, including: The demolition of the Cherry Hill public housing project • The redevelopment of the Boynton Terrace site–Ocean Breeze West– into 21 single- family homes • Redevelopment of Wilson Park and into Carolyn Sims Community Center • Expansion of the Palmetto Greens Park • Redevelopment of Sara Sims Park – Master Plan created, property acquired • Streetscape Improvements on Seacrest Boulevard • Redevelopment of Martin Luther King, Jr. Boulevard – Property acquired and Family Dollar developed • Development of new housing – 60 new single family homes developed In partnership with nonprofits, the City and CRA. The Heart of Boynton District is bounded by the E r r � ■ t // °sem .w,o- R !�"�'�` � •� k� - - ��, r.-- $.�+s'v...Mf�n� w+d`rrF `k` � arc v t�Y �l Figure 7: Heart of Boynton District Location Map The Heart of Boynton area suffers from an aging the neighborhood; clearly, the road is not presently and poorly maintained housing stock. The CRA designed at a neighborhood scale. and City, in partnership with local non-profits, continue to develop single-family homes, but Both Seacrest Boulevard and Martin Luther King, Jr. there is a need for quality affordable multi-family Boulevard have older, ill-maintained power poles with rental housing. The problem is that—given low overhead utilities, causing a "visual blight." median household incomes—it cost more to build even modest apartments than many of the families can afford. This gap will has to be filled ,f t gv,G through some form of a subsidy. uOO t Another major deterrent to private investment is the visible blight and crime. There are still �� `�� a number of small convenience stores that wr allow loitering and illegal activities for all to see, discouraging people to buy homes or invest in businesses within the area. The District is comprised of small parcels platted in the 1920's — 1930's, during Florida's land Figure 58:Example oft i s t 6 Planning Challenges boom. The parcels are owned by many different people making assembly of a developable site very difficult and expensive. Moreover, many owners have an unrealistic sense of the value of their property. Over the years, the neighborhood has lost most of their retailers and service providers. There is no full service grocery store and only one take- out restaurant. The majority of commercial use is represented by convenience stores. A new Family Dollar store at the corner of Martin Luther King,Jr. Boulevard and Seacrest Boulevard has been a welcome addition, but there is a need for more retail services. The neighborhood is bifurcated by a four- lane Seacrest Boulevard, which has only one signalized pedestrian crossing even though there are two elementary schools in the neighborhood. The width of the road and drive aisles encourage speeding through I Several factors were considered in determining the Historic District. There are a significant number of land use designations for the Heart of Boynton District. historic cottages located along both sides of NE A future commuter rail station for the planned Tri- 3rd Avenue and the south side of NE 4th Avenue Rail Coastal Link service, which will serve the South between N. Seacrest Boulevard and NE 1st Street. Florida metropolitan region, is planned for downtown at In order to protect these cottages while allowing N.E. 4th between Ocean Avenue and Boynton Beach commercial redevelopment of the south side of NE Boulevard. To improve land development patterns 3rd Avenue, the Plan recommends that: in advance of station development, the City adopted a Downtown Transit Oriented Development District . The historic cottages from the south side of (DTOD), covering a %Z mile radius around the station's NE 3rd Avenue be relocated to the vacant location,including a portion of the Heart of Boynton.The lots on the north side of NE 3rd Avenue. DTOD district regulations support increased intensity of development through a 25% density bonus. . On completion of the relocations, a historic district, tentatively called Shepard Funk A second consideration is the Transportation Addition Historic Cottage District, be created Concurrency Exception Area (TCEA)which, in addition within the block enclosed by N. Seacrest s; to the residential exception area applicable east of 1-95, Boulevard, NE 1st Street, NE 3rd Avenue, exempts all development from the Palm Beach County and NE 4th Avenue. traffic concurrency requirements thus allowing denser development. The Plan recommends increasing density within the area where the TCEA and TOD designations overlap. However, because this District is a low- scale neighborhood, no increase in height over 45' is recommended. s r{ryr(r ri�rtil S rU mfr t" '° t7 ( f s I r Figure g: Historically significant cottages in the HOB vislont The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks. Streetscape enhancements are recommended for the Seacrest Blvd and Martin Luther King Jr. Blvd. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Implement a Complete Streets program for Seacrest Boulevard and ML K Jr. Boulevard to accommodate bike lanes and bike racks, widening of sidewalks, decorative street lights, street furniture, and on-street parking. • Marking of major intersections with materials such as pavers, paint, etc. • Enhanced median landscaping i • Bus shelters (will be required as part of new construction) • Additional signalized pedestrian crossings(including mid-block)along Seacrest BoulevardAddition of canopy street trees • Creation of a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Minimum 8'wide clear sidewalk • Decorative light poles at both the vehicular and pedestrian scales Require installation of canopy trees that provide immediate shading at time of construction • Undergrounding of overhead utilities • Creation of a greenway to connect the greenway proposed along NW 1 st Avenue, Sara Sims Park, and Wilson Park per the Connectivity Plan • Creation of an eco-trail to connect the existing scrub and linear parks per the Connectivity Plan 7,3 I I r f i ,._.p,a ■ ' . ,``s . � Figure 60 Seacrest Blvd Streetscape Area �FtgureL. I etscape rea 45'Max. RES. NAM 24WM RES. t RES. � � `� RES. 5'-0" 10'•0' S'•0` S'•o' 8"•0' iY•U' Figure 62: MLK JR. Blvd.Street Section Recomrnendatloirwis: Land Use The existing land use designations within the Heart of Boynton District are: i • Low Density Residential —5 units per acre (all of this land use designation is concentrated on the west side of Seacrest Boulevard. • Medium Density Residential — 10 units per acre (this land use designation is concentrated on the east side of Seacrest Boulevard) • High Density Residential— 11 units per acre (currently over the Ocean Breeze West development and along W. Seacrest from N.W. 8th to N.W. 9th) • Mixed-Use — 40 units per acre (this land use designation is placed on the CRA-owned Ocean Breeze East block and on CRA-owned property along MLK, Jr. Boulevard) • Local Retail Commercial, General Commercial, Industrial, Recreational, and Public & Private Governmental/Institutional Below is a table of the proposed land use and zoning designations that will apply within the Federal Highway Corridor District: Table 7: Recommended Future Land Use(FLU)Classifications within the Heart of Boynton District DENSITY MAX D USE DENSITY CORRESPONDINGl C HEIGHT Mixed-Use 50 MU-2,M U- 75' - Medium Mix Use Low 20 MU-1 20 49 High Density Residential 1 4, I t! 15 5' MediumDensity Residential 11 , t U 11 45' Low Density 7.5 -1® -1- -1- -1- -1, Residential U 7.5 45° Local Retail n'a -2, - CD rnercial nIa General n/a C-4- Commercial nla 45' Industrial nla 1-1 nla 4& PPGI n/a Public Usage n/a 45 Recreation tela Recreation nla 45' Properties located within the TOD may recieve a 25%®density bonus ix Figure 63: Recommended Land Use for the Heart of Boynton District 1UTT, 11-1 r } � q � a .... e s t Ll u k r -t, I 11 al � ppE N 49j It t � aY ._ ri 7 " Wj S q ` . kr,_ 'y �I.r LEGEND �I��q��terreetional(R) - Intlusfeei(I) 'Low Density Resldenfi®I(LDR)5 dulac ;Medium Density Residentiel(MDR)99 dulec High Density Resldendel(HDR)h5 du/ed petrel Hio Density Residential(SHDRf 20dWac -,I-thuebwel(PPGI) MLMI Retell Commemiel(LRC) Genual Comm—W(GC) ` Mbwd Use Low(MUL)20 dulac M6m0 Use Medium(MUM)50 dufac Use High(MUH)80 dWec (..�� Y®D '.. 1:1 Recommetidafiorts_ Urban Desi • There are three architectural styles of historic structures in the Heart of Boynton: Mission, Frame Vernacular, and Mediterranean Revival. When building in this District, new development shall attempt to utilize one of these architectural styles. • A Historic Cottage District should be considered adjacent to the proposed Cottage District; where feasible, historically contributing cottages in the area shall be relocated in the Historic Cottage District. • Commercial buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall maximize the amount of glazing. • Residential buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall be designed to have pedestrian access from the main road and have front door facing the main road. • All buildings along MLK Jr., Boulevard and/or Seacrest Boulevard shall be set back to allow for a pedestrian zone. • Approximately 75%of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting MLK Jr., Boulevard shall be a maximum of two story and stepped back to continue to the maximum allowed height in the designated Zoning District. Parking shall be located to the rear or side of the buildings • Curb cuts shall be permitted on Boynton Beach Blvd only when access is not possible from the rear or side. When adjacent to commercial uses, single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. Figure 64: Heart of Boynton Projects u MLK Commercial to roily °. Adel Block - c � r i'��4Y... V l Sara Sims Park— Ocean a.Ocean Breeze East Cottage District— ProposedHistoric,. Cottage st t i14, Sara Sims Park Expansion Working with residents ofthe community,the CRAand its consultant created a master plan for the expansion t and improvement of Sara Sims Park. The CRA has R also purchased seven properties and deeded them to the City in preparation for the eventual expansion of 4 the park. Staff will review the feasibility of converting N a portion of Sara Sims Park Master Plan, along the � u , western boundary, from Recreational Land Use to Single Family. This process shall include a public meeting,the Parks and Recreation Board review and ' ��h`�, ��z5, } recommendation, and Clty Commision approval. Figure 65: Sara Sims Expansion Ocean Breeze East �s r ��,� '�t�� {tt St i� The CRA owns 4.5 acres of vacant land east of t ` Seacrest Boulevard between N.E. 6th and 7th t Avenues. The CRA is seeking a private developments partner to build a multi-family project on the site. Lei �,. � � i, Cottage District The CRA owns approximately 5 acres on the block Figure 66: Ocean Breeze East (' between N.E. 4th and 5th Avenue. The CRNs goal for this site is to attract a private development partner to build single-family for-sale homes in the style of the surrounding historic cottages. A MLK Commercial ` � t Leveraging CRA-owned land and economic ' development grants, the CRA was able to bring z„ „. a Family Dollar store to the Martin Luther King, . . Jr. Boulevard corridor in 2015. The CRA owns _ { additional land on the corridor and continues to Figure 67: Cottage District work with developers to attract new and needed neighborhood retail. MLK Multi Family Utilizing CRA-owned land, the CRA is seeking to attract a private development partner to build a multi- family development along the Martin Luther King, Jr. Boulevard corridor. The development may include commercial uses. i i ' �flt ftp r - ' � Y-k r.41t'.tory r �+ r ti it� 1j - � , r1� r �Y � r t L, rn � qtr r i r 1�S i .i1.wS��3�1r 4'� �`r �>'��At' is�'4t,�e '• - � =t� �4� � � (�} S� _ r r `: �t>s•, 5 k, "��rF - r ,2' i� i - t t �, n£��1 �f r�}' �tRY�r �i ��£A� 1 �tl� �(£ A k Figure 68: Example of a Commercial Project on MLK Jr. Blvd. 116 l t � �rtll � � 11 s x U1�'glutu i ,i — a1ks�! � art l nU r�'S�l�tlit r1S{l i��l X3�1 i�i'{ 3fy�S li4 S7 i�s�i fi�lititlt�bbit I f �, 1t1IV i y1` �' 4t s 11ti�s��t�ttli�+�tihll"�'t1 i E x., lt. 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The Contractor shall receive proposal for the project does reflect his and accept the compensation total price for completing the work in its provided in the Bid and the entirety. Contract as full payment for furnishing all materials, labor, 1.02 MEASUREMENT tools and equipment, for performing all operations A. The quantities for payment under this necessary to complete the Contract shall be determined by actual work under the Contract, and measurement of the completed items, in also in full payment for all loss place, ready for service and accepted by or damages arising from the the CITY, in accordance with the nature of the work, or from any applicable method of measurement discrepancy between the therefore contained herein. actual quantities of work and quantities herein estimated by 1.03 AUTHORITY the CONSULTANT, or from the action of the elements or from A. Measurement methods delineated in the any unforeseen difficulties FDOT Standard Specifications for Road which may be encountered and Bridge Construction 2000 Edition, or during the prosecution of the the individual specification sections work until the final acceptance complement the criteria of this section. In by the CITY. the event of conflict, the Contractor shall notify the CITY in writing. In determining B. The prices stated in the Bid the resolution, the CITY shall consider include all costs and expenses the requirement of the individual for taxes, labor, equipment, specification section, FDOT requirements materials, commissions, and this Section. transportation charges and expenses, patent fees and B. Any requirements of the Contract royalties, labor for handling Documents, i.e., technical specifications materials during inspection, or project construction drawings for which together with any and all other the method of payment is not explicitly costs and expenses for defined are considered to be incidental performing and completing the costs and should be included in other pay work as shown on the items as appropriate. Drawings and specified herein. The basis of payment for an 1.04 RELATED SECTIONS: item at the unit price shown in the proposal shall be in A. Testing Allowance accordance with the description of that item in this B. Applications for Payments: Section Section. SC1027 C. The Contractor's attention is C. Shop Drawings, Working Drawings, and again called to the fact that the Samples—Section SC01340 quotations for the various items of work are intended to D. Schedule of Values: Section SC01370 establish a total price for completing the work in its E. Change Order Procedures: Section entirety. Should the Contractor SC01153 feel that the cost for any item F. Field Engineering: Section SCO1050 Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-1 MEASUREMENT AND PAYMENT PROCEDURES 0 G. Record Drawing Requirements — Reports with next Application Section SCO1705 for Payment to the CITY. H. Testing Specific Utility Systems b. Reimbursement to the Contractor upon proof of 1. Refer to Section 02513 payment (to the testing and/or POTABLE WATER AND inspecting firm) on approval by RECLAIMED WATER the CONSULTANT. DISTRIBUTION SYSTEMS for applicable and specific B. When other allowances, such as requirements. Contractor is NPDES permit and/or SFWMD responsible for all testing costs dewatering permit application fees, or associated with these systems. coordination with FP&L/AT&T/ Comcast or other utility are identified on the 1.05 ALLOWANCES Schedule of Bid Items, the following applies: A. When a Testing Allowance is identified on the Schedule of Bid 1. Only those items qualified for CITY Items,the following applies: reimbursement shall be considered. All items shall have written, 1. Costs in Testing Allowance advance approval of the CITY. includes engaging a certified, testing agency; execution of 2. Payment Procedures: tests; and reporting results as approved by the CITY and a. Submit two (2) copies of the CONSULTANT. agreed invoicing format with proof of payment (as 2. Costs not included in the applicable) with next Testing Allowance: Application for Payment. a. Costs of testing services 1.06 SCHEDULE OF VALUES used by Contractor separate from Contract A. Submit Schedule of Values at the Pre- Document requirements Construction Meeting. b. Testing agency's stand-by B. The Schedule of Values shall be a time. computer generated original. When the Contractor's proposed Schedule of c. Costs of retesting upon Values is accepted by the CITY, it shall failure of previous tests as become the basis for the Application for determined by the Payment. CONSULTANT. C. Contractor shall only revise the 3. Only those items qualified for accepted Schedule of Values to identify, CITY's reimbursement shall be as separate line items approved on a considered. Such items may Field Order or Change Order. The CITY include water quality testing of may issue a Field Order substituting or dewatering activities, modifying Schedule of Value items. geotechnical, concrete strength cylinders, special compaction 1.07 APPLICATIONS FOR PAYMENT and proctor testing, etc. All predetermined items shall have A. Submit five (5) copies of each written, advance approval of Application for Payment (AFP). After the CITY. certification by the CONSULTANT, the CONSULTANT will retain one (1) copy, 4. Payment Procedures: one (1) copy will be returned to the Contractor and three (3) copies will be a. Submit two (2) copies of forwarded to the CITY for review, the testing and/or authorization and processing. inspecting firm's invoice and copies of the Test Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-2 MEASUREMENT AND PAYMENT PROCEDURES 0 B. Content and Format: Utilize capping. The replacement of existing Schedule of Values for listing items irrigation in the Public Right-Of-Way as in Application for Payment outlining the result of pipeline installation or swale the following: development is NOT a pay item. Replacement of existing ROW irrigation 1. Provide a column for each of shall be incidental to the Unit Price of the following: the pipeline or swale development. a. Item Number 1.08 MEASUREMENT OF AND PAYMENT FOR WORK b. Item Description A. Monthly Payments to the Contractor. c. Quantity The Contractor shall plan its work for construction on the basis of twelve (12) d. Unit of measurement monthly pay periods per year. So long e. Scheduled Value as the work is prosecuted in compliance with the provisions of the Contract, the f. Change Orders Contractor will, on or about the last day of the pay period, make an approximate g. Work Completed: estimate, in writing on a form approved 1. Previous Period by the CITY of the proportionate value (Quantity and Value) of the work done, items, and locations of 2. This Period (Quantity the work performed up to and including and Value) the last day of the period then ending. The CONSULTANT will then review h. To Date (Quantity and such estimate and make the necessary Value) recommendations to the Contractor for revision. The Contractor shall revise the i. Percentage of Completion Application for Payment and resubmit to the CONSULTANT for review and j. Balance to Finish Certification. Redlined Applications for Payment will not be accepted by the k.. Retainage CITY. If the Contractor and the CONSULTANT do not agree on the NOTE: There is no column for approximate estimate of the "Materials Stored", the CITY proportionate value of the work done for does not pay for items ordered any pay period, the determination of the and/or stored on site. As CONSULTANT shall be binding. The defined later in this Section, amount of such estimate after deducting Payment for pay items are paid ten percent (10%) and all previous for once the item is installed, payments, shall be due and payable to measured in place, completed the Contractor in accordance with the and accepted. Florida Prompt Payment Act, §218.70 Florida Statutes, as may be amended C. Application for Final Payment must from time to time. be marked FINAL. Contractor must include in the FINAL AFP package, B. Substantiating Data: When the proof of payment and final CONSULTANT requires substantiating settlement with the CITY with information, Contractor shall submit data regards to any temporary and/or justifying quantities and dollar amounts construction water meters used in question. Contractor shall provide during the course of the project. three (3) copies of data with cover letter for each copy of submittal showing D. When existing Right-Of-Way application number and date, and line (ROW) irrigation must be disturbed item by number and description. due to pipeline installation or swale development, any existing irrigation 1.09 MEASUREMENT AND PAYMENT - UNIT lines shall be marked on the PRICES Contractors drawings prior to or at the time of temporary cutting-&- A. Measurement methods delineated in individual specification sections Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-3 MEASUREMENT AND PAYMENT PROCEDURES 0 complement criteria of this section. 1.10 Measurement of Quantities: In event of conflict, requirements of individual specification section A. Weigh Scales: Inspected, tested and govern. certified by the applicable State of Florida Weights and Measures B. Contractor shall take daily and department within the past year. weekly measurements and compute quantities. The Contractor B. Platform Scales: Of sufficient size and shall review and sign these daily capacity to accommodate the conveying and weekly measurements with the vehicle. CONSULTANT. The CONSULTANT shall also sign-off C. Metering Devices: Inspected, tested and on the weekly measurement sheets certified by the applicable State of indicating the CONSULTANT's Florida Weights and Measures progressive concurrence with the Department within the past year. quantities. The Contractor shall transmit the signed-off weekly D. Measurement by Weight: Concrete measurement sheets to the reinforcing steel rolled or formed steel or CONSULTANT. These other metal shapes will be measured by measurement sheets shall be used handbook weights. Welded assemblies to form the basis of the quantities will be measured by handbook or scale claimed on the Application For weight. Payment. E. Measurement by Volume: Measured by C. Unit Quantities cubic dimension using mean length, width and height or thickness. 1. Quantities indicated in the Schedule of Bid Items are for F. Measurement by Area: Measured by bidding and contract purposes square dimension using mean length only. Quantities and and width or radius. measurements supplied or placed in the Work and verified G. Linear Measurement: Measured by by the Consultant and CITY linear dimension, at the item centerline. determine payment. Minor offsets (less than a total of five (5) feet) will not be measured for payment. 2. If the actual Work requires Measurement shall be along the more or fewer quantities than horizontal axis at finished grade. those quantities indicated in the bid items, Contractor shall H. Stipulated Sum/Price Measurement: provide the required quantities Items measured by weight, volume, at the unit sum/prices area, or linear means or combination, as contracted. appropriate, as a completed and accepted item or unit of the Work. D. Payment Includes: Full compensation for required labor, I. Payment for Work does not indicate products, tools, equipment, acceptance. Work items previously paid facilities, transportation, services for may require additional work effort to and incidentals; erection; bring them into compliance with the application or installation of an item requirements of the specific technical of the Work; and overhead and specifications and/or project drawings. profit. 1.11 UNIT OF MEASURE — SCHEDULE OF BID E. Final payment for Work governed PRICES by unit prices will be made on the basis of the actual measurements A. Payment for furnishing and installing and quantities accepted by the those items cited in the Schedule of Bid CONSULTANT and CITY, Items and subsequent Schedule of multiplied by the unit sum/price for Values is noted herein. If"remove and Work, which is incorporated in or replace" is indicated on the project made necessary by the Work. construction drawings (by either annotation or line weight), then the item Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-4 MEASUREMENT AND PAYMENT PROCEDURES 0 descriptions below include the pay item may be disqualified and the removal and proper disposal of the CITY and Consultant may not existing items. evaluate their bid proposal. This cost shall be shown on the Schedule of B. Mobilization/Demobilization, Bonds, Values. Insurance & General Requirements — Bid Items No. 1 3. Partial payments for the NPDES compliance shall be made in 1. Payment for the General accordance with the following Conditions shall be made per schedule: item and shall be full compensation for preparatory Percent of Original Allowable percent of work and operations in mobilizing Contract Amount NPDES Compliance and demobilizing for the project Earned including but not limited to, those 10 10 operations necessary for the 25 25 movement of personnel, 50 50 equipment, supplies and 75 No additional payment incidentals to and from the Final Payment 100 project site, Maintenance of Traffic, for establishment of D. Record Drawings—Bid Item No. 3 temporary offices, buildings, safety equipment, sanitary and 1. Payment for Record Drawings shall other facilities and compliance be made at the Contract lump sum with permit conditions for permits price and shall be full compensation secured by either the Owner or for preparation and maintenance of Contractor. the Record Drawings as specified in technical specification 01340 SHOP 2. MOT plans shall be required for DRAWING REQUIREMENTS and the work within City of Boynton requirements of this Special Beach R-O-W. Conditions. 3. Audio Video Documentation shall 2. Partial payments for the Record be performed pre and post Drawings shall be made in construction as specified in accordance with the following Special Conditions SCO1390 schedule: VIDEO AND PHOTOGRAPHIC Percent of Original Contract Allowable percent of Lump SITE SURVEY. Amount Earned Sum Price For Record Drawings 4. The cost of bonds, permits, 10 10 required insurance and any other 25 25 pre-construction expense 50 50 necessary for the start of the 75 75 work shall also be included in the Final Payment 100 General Conditions. 3. Contractor shall submit updated As- C. NPDES Compliance—Bid Item No. 2 Built Drawings with each Pay Application Request. 1. Payment for NPDES compliance shall include the preparation of E. Indemnification—Bid Item No. 4 the NPDES Plan, development and compilation of the BMPs, site 1. Payment under this item is in implementation and accordance with of the Front-End documentation of inspections. Contract Documents. 2. Contractor shall refer to the F. Demolition—Bid Item No. 5 Schedule of Bid Items for instructions on the method of 1. Method of Measurement: The calculation for this Pay Item. Any quantity to be paid for under this bidder who enters an amount section shall be on a lump sum basis. greater than the 1.5% limit for this Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-5 MEASUREMENT AND PAYMENT PROCEDURES 0 2. Basis of Payment: Payment shall be at the Contract Lump I. Subgrade Preparation—Bid Item No. 8 Sum Price and shall include, but not be limited to, furnishing 1. Method of Measurement: The all materials, labor, and quantity to be paid for under this equipment required to remove section shall be per square yard. concrete sidewalk, signs, fence, guardrail, asphalt 2. Basis of Payment: Payment shall pavement, base, curb & gutter, be at the Contract Unit Price and on-site debris, abandoned shall include, but not be limited to, utilities, utilities to be removed furnishing all materials, labor, and except those with separate bid equipment required to prepare items, including disposal, and subgrade, including stabilizing, any other work described on grading, compaction, testing, and the plans or required for a any other work described on the complete and functional plans or required for a complete system. and functional system. G. Site Restoration—Bid Item No. 6 J. Base—Bid Item No. 9 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be on a lump sum section shall be per square yard. basis. 2. Basis of Payment: Payment shall 2. Basis of Payment: Payment be at the Contract Unit Price and shall be at the Contract Lump shall include, but not be limited to, Sum Price and shall include, furnishing all materials, labor, and but not be limited to, furnishing equipment required to install base all materials, labor, and material, including grading, equipment required to restore compaction, testing, and any other the site to a condition equal to work described on the plans or or better than the existing and required for a complete and any other work described on functional system. the plans or required for a complete and functional system. K. Milling—Bid Item No. 10 1. Method of Measurement: The H. Earthwork—Bid Item No. 7 quantity to be paid for under this 1. Method of Measurement: The section shall be per square yard. quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be on a lump sum be at the Contract Unit Price and basis. shall include, but not be limited to, 2. Basis of Payment: Payment furnishing all materials, labor, and equipment required to mill the shall be at the Contract Lump existing asphalt pavement (1" Sum Price and shall include, minimum), including millings but not be limited to, furnishing disposal, and any other work all materials, labor, and described on the plans or required equipment required to bring the for a complete and functional site to proposed grade, system. including excavation, embankment, grading, disposal of excess material, L. 1"Asphalt—Bid Item No. 11 compaction, testing, and any other work described on the 1. Method of Measurement: The plans or required for a quantity to be paid for under this complete and functional section shall be per square yard. system. Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-6 MEASUREMENT AND PAYMENT PROCEDURES 0 2. Basis of Payment: Payment 2. Basis of Payment: Payment shall shall be at the Contract Unit be at the Contract Unit Price and Price and shall include, but not shall include, but not be limited to, be limited to, furnishing all furnishing all materials, labor, and materials, labor, and equipment required to install base equipment required to install 1" material, including grading, thick asphalt (compacted compaction, testing, and any other thickness), including tack coat, work described on the plans or compaction, testing, overbuild, required for a complete and and any other work described functional system. on the plans or required for a complete and functional P. Milling—County R/W—Bid Item No. 15 system. 1. Method of Measurement: The M. 1-1/2"Asphalt—Bid Item No. 12 quantity to be paid for under this section shall be per square yard. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be per square yard. be at the Contract Unit Price and shall include, but not be limited to, 2. Basis of Payment: Payment furnishing all materials, labor, and shall be at the Contract Unit equipment required to mill the Price and shall include, but not existing asphalt pavement (1" be limited to, furnishing all minimum), including millings materials, labor, and disposal, and any other work equipment required to install 1- described on the plans or required 1/2" thick asphalt (compacted for a complete and functional thickness), including prime system. coat, compaction, testing, and any other work described on Q. 1" Asphalt — County R/W — Bid Item No. the plans or required for a 16 complete and functional system. 1. Method of Measurement: The quantity to be paid for under this N. Subgrade Preparation — County R/W section shall be per square yard. —Bid Item No. 13 2. Basis of Payment: Payment shall be at the Contract Unit Price and 1. Method of Measurement: The shall include, but not be limited to, quantity to be paid for under this furnishing all materials, labor, and section shall be per square yard. equipment required to install 1" thick asphalt (compacted 2. Basis of Payment: Payment thickness), including tack coat, shall be at the Contract Unit compaction, testing, overbuild, and Price and shall include, but not any other work described on the be limited to, furnishing all plans or required for a complete materials, labor, and and functional system. equipment required to prepare subgrade, including grading, R. 1-1/2" Asphalt — County R/W — Bid Item compaction, testing, and any No. 17 other work described on the plans or required for a 1. Method of Measurement: The complete and functional quantity to be paid for under this system. section shall be per square yard. O. Base—County R/W—Bid Item No. 14 2. Basis of Payment: Payment shall be at the Contract Unit Price and 1. Method of Measurement: The shall include, but not be limited to, quantity to be paid for under this furnishing all materials, labor, and section shall be per square yard. equipment required to install 1-1/2" thick asphalt (compacted Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-7 MEASUREMENT AND PAYMENT PROCEDURES 0 thickness), including prime equipment required to adjust coat, compaction, testing, and existing manhole rims to proposed any other work described on grade and any other work described the plans or required for a on the plans or required for a complete and functional complete and functional system. system. V. Exfiltration Trench—Bid Item No. 21 S. Ditch Bottom Inlet—Bid Item No. 18 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per linear foot. section shall be per each. 2. Basis of Payment: Payment shall 2. Basis of Payment: Payment be at the Contract Unit Price and shall be at the Contract Unit shall include, but not be limited to, Price and shall include, but not furnishing all materials, labor, and be limited to, furnishing all equipment required to install materials, labor, and exfiltration trench, including filter equipment required to install fabric, washed rock, pipe (including ditch bottom inlets, including solid sections at inlets/manholes), filter fabric, washed rock, pipe backfill, compaction, testing, and connections, frame & grate, any other work described on the backfill, compaction, testing, plans or required for a complete and any other work described and functional system. on the plans or required for a complete and functional system. W. Flume—Bid Item No. 22 1. Method of Measurement: The T. Manhole—Bid Item No. 19 quantity to be paid for under this 1. Method of Measurement: The section shall be per each. quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be per each. be at the Contract Unit Price and shall include, but not be limited to, 2. Basis of Payment: Payment furnishing all materials, labor, and shall be at the Contract Unit equipment required to install Price and shall include, but not flumes, including excavation, be limited to, furnishing all formwork, concrete placement, saw materials, labor, and cutting, and any other work equipment required to install described on the plans or required manholes, including filter for a complete and functional fabric, rock support, pipe system. connections, bricks, frame & cover, backfill, compaction, testing, and any other work X. Bollard—Bid Item No. 23 described on the plans or required for a complete and 1. Method of Measurement: The functional system. quantity to be paid for under this section shall be per each. U. Adjust Rim—Bid Item No. 20 2. Basis of Payment: Payment shall be at the Contract Unit Price and 1. Method of Measurement: The shall include, but not be limited to, quantity to be paid for under this furnishing all materials, labor, and section shall be per each. equipment required to install bollards, including excavation, 2. Basis of Payment: Payment formwork, concrete placement, shall be at the Contract Unit backfilling, compaction, testing, Price and shall include, but not painting, and any other work be limited to, furnishing all described on the plans or required materials, labor, and for a complete and functional Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-8 MEASUREMENT AND PAYMENT PROCEDURES 0 system. system. Y. Curb &Gutter—Bid Item No. 24 BB. Detectable Warning—Bid Item No. 27 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per linear foot. section shall be per square foot. 2. Basis of Payment: Payment 2. Basis of Payment: Payment shall shall be at the Contract Unit be at the Contract Unit Price and Price and shall include, but not shall include, but not be limited to, be limited to, furnishing all furnishing all materials, labor, and materials, labor, and equipment required to install equipment required to install detectable warning surfaces and curb & gutter, including any other work described on the compaction, formwork, plans or required for a complete placement, saw cutting, testing, and functional system. and any other work described on the plans or required for a CC. Sign—Bid Item No. 28 complete and functional system. 1. Method of Measurement: The quantity to be paid for under this Z. Curb—Bid Item No. 25 section shall be on an assembly basis. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be per linear foot. be at the Contract Lump Sum Price and shall include, but not be limited 2. Basis of Payment: Payment to, furnishing all materials, labor, shall be at the Contract Unit and equipment required to install Price and shall include, but not signs, including anchor, post, be limited to, furnishing all fasteners, placard, and any other materials, labor, and work described on the plans or equipment required to install required for a complete and curb, including compaction, functional system. formwork, placement, saw cutting, testing, and any other DD. Pavement Marking—Bid Item No. 29 work described on the plans or required for a complete and 1. Method of Measurement: The functional system. quantity to be paid for under this section shall be on a lump sum basis. AA. Sidewalk—Bid Item No. 26 2. Basis of Payment: Payment shall 1. Method of Measurement: The be at the Contract Lump Sum Price quantity to be paid for under this and shall include, but not be limited section shall be per square yard. to, furnishing all materials, labor, and equipment required to install 2. Basis of Payment: Payment thermoplastic pavement markings, shall be at the Contract Unit including temporary markings, Price and shall include, but not retroreflective pavement markers, be limited to, furnishing all and any other work described on materials, labor, and the plans or required for a complete equipment required to install and functional system. concrete sidewalk, including grading, compaction, formwork, EE. 2" Line Stop and Restrained Cap — Bid placement, expansion joints, Item No. 30 saw cutting, testing, and any other work described on the plans or required for a complete and functional Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-9 MEASUREMENT AND PAYMENT PROCEDURES 0 1. Method of Measurement: The backfilling, compaction, testing, and quantity to be paid for under this any other work described on the section shall be per each. plans or required for a complete and functional system. 2. Basis of Payment: Payment shall be at the Contract Lump HH. 6"x8" Reducer—Bid Item No. 33 Sum Price and shall include, but not be limited to, furnishing 1. Method of Measurement: The all materials, labor, and quantity to be paid for under this equipment required to install 2" section shall be per each. line stop and restrained cap, including excavation, concrete, 2. Basis of Payment: Payment shall backfilling, compaction, testing, be at the Contract Unit Price and temporary patching, and any shall include, but not be limited to, other work described on the furnishing all materials, labor, and plans or required for a equipment required to install 6"x8" complete and functional reducers, including restraint, and system. any other work described on the plans or required for a complete FF. Water Main Removal — Bid Item No. and functional system. 31 II. 14"x8" Stainless Steel Tapping Sleeve and 1. Method of Measurement: The Valve—Bid Item No. 34 quantity to be paid for under this section shall be per linear foot. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment section shall be per each. shall be at the Contract Unit Price and shall include, but not 2. Basis of Payment: Payment shall be limited to, furnishing all be at the Contract Unit Price and materials, labor, and shall include, but not be limited to, equipment required to remove furnishing all materials, labor, and potable water system, including equipment required to install 14"x8" excavation, draining, pipe, stainless steel tapping sleeve and services, meter boxes, valve, including excavation, appurtenances, disposal, restraint, box, EMS marker, backfilling, compaction, testing, indicator plate, backfilling temporary restoration, and any compaction, testing, and any other other work described on the work described on the plans or plans or required for a required for a complete and complete and functional functional system. system. JJ. 6" Gate Valve—Bid Item No. 35 GG.6"x6" Stainless Steel Tapping Sleeve and Valve—Bid Item No. 32 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this section shall be per each. quantity to be paid for under this section shall be per each. 2. Basis of Payment: Payment shall be at the Contract Unit Price and 2. Basis of Payment: Payment shall include, but not be limited to, shall be at the Contract Unit furnishing all materials, labor, and Price and shall include, but not equipment required to install 6" gate be limited to, furnishing all valves, including restraint, box, materials, labor, and EMS marker, indicator plate, and equipment required to install any other work described on the 6"x6" stainless steel tapping plans or required for a complete sleeve and valve, including and functional system. excavation, restraint, box, EMS marker, indicator plate, KK. 8" Gate Valve—Bid Item No. 36 Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-10 MEASUREMENT AND PAYMENT PROCEDURES 1. Method of Measurement: The 3. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per each. section shall be per each. 2. Basis of Payment: Payment shall 4. Basis of Payment: Payment be at the Contract Unit Price and shall be at the Contract Unit shall include, but not be limited to, Price and shall include, but not furnishing all materials, labor, and be limited to, furnishing all equipment required to install fire materials, labor, and hydrants, including excavation, equipment required to install 8" fittings, valves, pipe, restraint, thrust gate valves, including restraint, blocks, EMS marker, backfill, box, EMS marker, indicator compaction, testing, and any other plate, and any other work work described on the plans or described on the plans or required for a complete and required for a complete and functional system. functional system. 00.8"Water Main with Tracer Wire— Bid Item LL. Sampling Point—Bid Item No. 37 No. 40 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per each. section shall be per linear foot. 2. Basis of Payment: Payment 2. Basis of Payment: Payment shall shall be at the Contract Unit be at the Contract Unit Price and Price and shall include, but not shall include, but not be limited to, be limited to, furnishing all furnishing all materials, labor, and materials, labor, and equipment required to install 8" equipment required to install water main with tracer wire, sampling points, including including excavation, additional chlorinating the main, piping required to account for bacteriological testing, and any change in vertical elevation, other work described on the disinfection, filling, backfilling, plans or required for a compaction, pressure testing, and complete and functional any other work described on the system. plans or required for a complete and functional system. MM.8"x6"Tee—Bid Item No. 38 3. Method of Measurement: The PP. 8" 11.25-Degree Bend—Bid Item No. 41 quantity to be paid for under this 1. Method of Measurement: The section shall be per each. quantity to be paid for under this 4. Basis of Payment: Payment section shall be per each. shall be at the Contract Unit 2. Basis of Payment: Payment shall Price and shall include, but not be at the Contract Unit Price and be limited to, furnishing all shall include, but not be limited to, materials, labor, and furnishing all materials, labor, and equipment required to install equipment required to install 8" 8"x6" tees, including restraint, 11.25-degree bends, including and any other work described restraint, thrust blocks, and any on the plans or required for a other work described on the plans complete and functional or required for a complete and system. functional system. NN. Fire Hydrant—Bid Item No. 39 QQ.8"45-Degree Bend—Bid Item No. 42 Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-11 MEASUREMENT AND PAYMENT PROCEDURES 0 1. Method of Measurement: The quantity to be paid for under this 3. Method of Measurement: The section shall be per each. quantity to be paid for under this section shall be per each. 2. Basis of Payment: Payment shall be at the Contract Unit 4. Basis of Payment: Payment shall Price and shall include, but not be at the Contract Unit Price and be limited to, furnishing all shall include, but not be limited to, materials, labor, and furnishing all materials, labor, and equipment required to install 8" equipment required to install 6" 45-degree bends, including sanitary services, including restraint, thrust blocks, and any excavation, cut-in, EMS marker, other work described on the cleanouts, mini manholes, concrete plans or required for a collars, wing nut plugs, trench complete and functional restoration, testing, and any other system. work described on the plans or required for a complete and RR. Water Service—Bid Item No. 43 functional system. 1. Method of Measurement: The UU. Power Undergroundinq—Bid Item No. 46 quantity to be paid for under this section shall be per each. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment section shall be on a lump sum basis. shall be at the Contract Unit Price and shall include, but not 2. Basis of Payment: Payment shall be limited to, furnishing all be at the Contract Lump Sum Price materials, labor, and and shall include, but not be limited equipment required to install to, installing all materials (provided water services, including by FPL), labor, and equipment excavation, casing, copper required to relocate existing tubing, EMS marker, meter overhead power utilities to an boxes, backfilling, compaction, underground location, including testing, and any other work risers, excavation, conduit and wire described on the plans or installation, equipment installation, required for a complete and tracer wire, EMS markers, backfill, functional system. trench restoration, sidewalk restoration, compaction, testing, SS. Lateral Removal—Bid Item No. 44 terminations, and any other work described on the plans or required 1. Method of Measurement: The for a complete and functional quantity to be paid for under this system. section shall be per each. VV. Telephone Undergroundinq — Bid Item No. 2. Basis of Payment: Payment 47 shall be at the Contract Unit Price and shall include, but not 1. Method of Measurement: The be limited to, furnishing all quantity to be paid for under this materials, labor, and section shall be on a lump sum basis. equipment required to remove sanitary sewer laterals, 2. Basis of Payment: Payment shall including excavation, disposal, be at the Contract Lump Sum Price wing nut plugs, trench and shall include, but not be limited restoration, testing, and any to, furnishing all materials, labor, other work described on the and equipment required to relocate plans or required for a existing overhead telephone utilities complete and functional to an underground location, system. including excavation, conduit, pull boxes, ground wires, backfill, TT. 6" Sanitary Service—Bid Item No. 45 compaction, testing, and any other Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-12 MEASUREMENT AND PAYMENT PROCEDURES 0 work described on the plans or testing, and any other work required for a complete and described on the plans or required functional system. for a complete and functional system. WW. Television Undergrounding — Bid Item No. 48 YY. Landscape and Irrigation—Bid Item No. 50 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be on a lump sum section shall be on a lump sum basis. basis. 2. Basis of Payment: Payment shall 2. Basis of Payment: Payment be at the Contract Lump Sum Price shall be at the Contract Lump and shall include, but not be limited Sum Price and shall include, to, furnishing all materials, labor, but not be limited to, furnishing and equipment required to install all materials, labor, and landscaping and irrigation, including equipment required to relocate trees, shrubs, ground cover, existing overhead television planting soil, staking, mulch, utilities to an underground maintenance, fence, water service, location, including excavation, controller, rain sensor, excavation, conduit, conduit terminations, valves, boxes, sleeves, mainline, backfill, compaction, testing, thrust blocks, utility marking tape, and any other work described wiring, lateral lines, backfill, on the plans or required for a compaction, testing, sprinklers, complete and functional bubblers, and any other work system. described on the plans or required for a complete and functional XX. Street Lighting—Bid Item No. 49 system. 1. Method of Measurement: The 2 PART 2 PRODUCTS Not Used. quantity to be paid for under this section shall be on a lump sum 3 PART 3 EXECUTION Not Used. basis. *SPECIAL NOTE: 2. Basis of Payment: Payment shall be at the Contract Lump The CITY retains the option to utilize up to 20% of Sum Price and shall include, the excess material from excavation and trenching but not be limited to, installing operations. If the CITY exercises this option, all materials (provided by FPL), Contractor shall stockpile the excess material and labor, and equipment required deliver to the CITY's facility as directed by the to install street lighting, CITY's Representative. including excavation, conduit installation, pull box installation, tracer wire, EMS END OF SECTION markers, backfill, compaction, Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-13 MEASUREMENT AND PAYMENT PROCEDURES INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE MODEL BLOCK PROJECT THIS AGREEMENT is made this day of 2018, by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Party" or"Parties"). WITNESSETH : WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the Heart of Boynton District as described in the Plan; and WHEREAS, the CITY and the CRA desire to provide funding for a streetscape project known as the Model Block Project ("Project"), which falls within the CRA boundaries, and more specifically, in the Heart of Boynton District; and WHEREAS, the Project is intended to improve the public rights-of-ways in the area of NW 111' Avenue, west of Seacrest Boulevard in the CITY of Boynton Beach, as more specifically described in Exhibit A("Project Scope"); and WHEREAS, the Project will help prevent and eliminate slum and blight within the Redevelopment Area in accordance with the Plan; and WHEREAS, the CRA desires to assist the CITY with the acquisition of property and infrastructure improvements that are necessary for the Project; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds is consistent with the CRA's Redevelopment Plan, and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial economic impact of the Project, the CRA and the CITY find that this funding agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment Area. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. 00975472-1 CRA:TDxive:ILAs\2018 a. The CRA shall provide funding to the CITY in an amount not to exceed Three Hundred Fifty Thousand and 00/100 Dollars ($350,000.00), for the engineering design services of right-of-way improvements, the property acquisitions necessary for the completion of right-of-way improvements, and the undergrounding of existing overhead electrical service as described within the Project Scope, to be used for reimbursement of certain eligible costs. b. The CRA shall make payments to the CITY upon receipt of a written request from the CITY for payment, which request shall include all documentation required by this Agreement. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. The CITY shall ensure that the Project is designed and constructed in compliance with the Plan. C. The CITY shall be responsible for overseeing the Project and contracting with other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. d. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance Florida Statutes. 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request")to the CRA no later than December 31, 2018, which shall include the following information: i. The amount of reimbursement requested; ii. A summary of the Project improvements for which the City seeks reimbursement; iii. A statement and evidence that the Project is in compliance with the Plan. iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. b. Upon receipt of a Reimbursement Request from the CITY meeting the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement, to the CITY within thirty (30) days of receipt of the Reimbursement Request. 00975472-1 CRA:TDxive:ILAs\2018 2 C. If the CITY fails to submit a Reimbursement Request by December 31, 2018, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the City in writing. The City shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the City fails to provide the documentation required by the CRA within 30 days, the City shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the City for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible to the CITY for providing reimbursement for eligible expenses for the Project, and shall not otherwise be responsible for effectuating the Project. 6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate on December 31, 2018, or after the CRA reimburses the CITY, whichever occurs first ("Termination Date"). In no case shall the CRA be required to reimburse the CITY for any requests submitted after the Termination Date. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Council and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 00975472-1 CRA:TDxive:ILAs\2018 3 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 10. Default. If either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 00975472-1 CRA:TDxive:ILAs\2018 4 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice. CITY: Lori LaVerriere, CITY Manager CITY of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 CRA: Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 00975472-1 CRA:TDxive:ILAs\2018 5 Copies To: Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity, waiver, and termination, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing parry shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. 00975472-1 CRA:TDxive:ILAs\2018 6 IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the date set forth above. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Judith Pyle, CITY Clerk Steven B. Grant, Mayor Approved as to Form: Date: (SEAL) Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Steven B. 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The Contractor shall receive proposal for the project does reflect his and accept the compensation total price for completing the work in its provided in the Bid and the entirety. Contract as full payment for furnishing all materials, labor, 1.02 MEASUREMENT tools and equipment, for performing all operations A. The quantities for payment under this necessary to complete the Contract shall be determined by actual work under the Contract, and measurement of the completed items, in also in full payment for all loss place, ready for service and accepted by or damages arising from the the CITY, in accordance with the nature of the work, or from any applicable method of measurement discrepancy between the therefore contained herein. actual quantities of work and quantities herein estimated by 1.03 AUTHORITY the CONSULTANT, or from the action of the elements or from A. Measurement methods delineated in the any unforeseen difficulties FDOT Standard Specifications for Road which may be encountered and Bridge Construction 2000 Edition, or during the prosecution of the the individual specification sections work until the final acceptance complement the criteria of this section. In by the CITY. the event of conflict, the Contractor shall notify the CITY in writing. In determining B. The prices stated in the Bid the resolution, the CITY shall consider include all costs and expenses the requirement of the individual for taxes, labor, equipment, specification section, FDOT requirements materials, commissions, and this Section. transportation charges and expenses, patent fees and B. Any requirements of the Contract royalties, labor for handling Documents, i.e., technical specifications materials during inspection, or project construction drawings for which together with any and all other the method of payment is not explicitly costs and expenses for defined are considered to be incidental performing and completing the costs and should be included in other pay work as shown on the items as appropriate. Drawings and specified herein. The basis of payment for an 1.04 RELATED SECTIONS: item at the unit price shown in the proposal shall be in A. Testing Allowance accordance with the description of that item in this B. Applications for Payments: Section Section. SC1027 C. The Contractor's attention is C. Shop Drawings, Working Drawings, and again called to the fact that the Samples—Section SC01340 quotations for the various items of work are intended to D. Schedule of Values: Section SC01370 establish a total price for completing the work in its E. Change Order Procedures: Section entirety. Should the Contractor SC01153 feel that the cost for any item F. Field Engineering: Section SCO1050 Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-1 MEASUREMENT AND PAYMENT PROCEDURES 0 G. Record Drawing Requirements — Reports with next Application Section SCO1705 for Payment to the CITY. H. Testing Specific Utility Systems b. Reimbursement to the Contractor upon proof of 1. Refer to Section 02513 payment (to the testing and/or POTABLE WATER AND inspecting firm) on approval by RECLAIMED WATER the CONSULTANT. DISTRIBUTION SYSTEMS for applicable and specific B. When other allowances, such as requirements. Contractor is NPDES permit and/or SFWMD responsible for all testing costs dewatering permit application fees, or associated with these systems. coordination with FP&L/AT&T/ Comcast or other utility are identified on the 1.05 ALLOWANCES Schedule of Bid Items, the following applies: A. When a Testing Allowance is identified on the Schedule of Bid 1. Only those items qualified for CITY Items,the following applies: reimbursement shall be considered. All items shall have written, 1. Costs in Testing Allowance advance approval of the CITY. includes engaging a certified, testing agency; execution of 2. Payment Procedures: tests; and reporting results as approved by the CITY and a. Submit two (2) copies of the CONSULTANT. agreed invoicing format with proof of payment (as 2. Costs not included in the applicable) with next Testing Allowance: Application for Payment. a. Costs of testing services 1.06 SCHEDULE OF VALUES used by Contractor separate from Contract A. Submit Schedule of Values at the Pre- Document requirements Construction Meeting. b. Testing agency's stand-by B. The Schedule of Values shall be a time. computer generated original. When the Contractor's proposed Schedule of c. Costs of retesting upon Values is accepted by the CITY, it shall failure of previous tests as become the basis for the Application for determined by the Payment. CONSULTANT. C. Contractor shall only revise the 3. Only those items qualified for accepted Schedule of Values to identify, CITY's reimbursement shall be as separate line items approved on a considered. Such items may Field Order or Change Order. The CITY include water quality testing of may issue a Field Order substituting or dewatering activities, modifying Schedule of Value items. geotechnical, concrete strength cylinders, special compaction 1.07 APPLICATIONS FOR PAYMENT and proctor testing, etc. All predetermined items shall have A. Submit five (5) copies of each written, advance approval of Application for Payment (AFP). After the CITY. certification by the CONSULTANT, the CONSULTANT will retain one (1) copy, 4. Payment Procedures: one (1) copy will be returned to the Contractor and three (3) copies will be a. Submit two (2) copies of forwarded to the CITY for review, the testing and/or authorization and processing. inspecting firm's invoice and copies of the Test Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-2 MEASUREMENT AND PAYMENT PROCEDURES 0 B. Content and Format: Utilize capping. The replacement of existing Schedule of Values for listing items irrigation in the Public Right-Of-Way as in Application for Payment outlining the result of pipeline installation or swale the following: development is NOT a pay item. Replacement of existing ROW irrigation 1. Provide a column for each of shall be incidental to the Unit Price of the following: the pipeline or swale development. a. Item Number 1.08 MEASUREMENT OF AND PAYMENT FOR WORK b. Item Description A. Monthly Payments to the Contractor. c. Quantity The Contractor shall plan its work for construction on the basis of twelve (12) d. Unit of measurement monthly pay periods per year. So long e. Scheduled Value as the work is prosecuted in compliance with the provisions of the Contract, the f. Change Orders Contractor will, on or about the last day of the pay period, make an approximate g. Work Completed: estimate, in writing on a form approved 1. Previous Period by the CITY of the proportionate value (Quantity and Value) of the work done, items, and locations of 2. This Period (Quantity the work performed up to and including and Value) the last day of the period then ending. The CONSULTANT will then review h. To Date (Quantity and such estimate and make the necessary Value) recommendations to the Contractor for revision. The Contractor shall revise the i. Percentage of Completion Application for Payment and resubmit to the CONSULTANT for review and j. Balance to Finish Certification. Redlined Applications for Payment will not be accepted by the k.. Retainage CITY. If the Contractor and the CONSULTANT do not agree on the NOTE: There is no column for approximate estimate of the "Materials Stored", the CITY proportionate value of the work done for does not pay for items ordered any pay period, the determination of the and/or stored on site. As CONSULTANT shall be binding. The defined later in this Section, amount of such estimate after deducting Payment for pay items are paid ten percent (10%) and all previous for once the item is installed, payments, shall be due and payable to measured in place, completed the Contractor in accordance with the and accepted. Florida Prompt Payment Act, §218.70 Florida Statutes, as may be amended C. Application for Final Payment must from time to time. be marked FINAL. Contractor must include in the FINAL AFP package, B. Substantiating Data: When the proof of payment and final CONSULTANT requires substantiating settlement with the CITY with information, Contractor shall submit data regards to any temporary and/or justifying quantities and dollar amounts construction water meters used in question. Contractor shall provide during the course of the project. three (3) copies of data with cover letter for each copy of submittal showing D. When existing Right-Of-Way application number and date, and line (ROW) irrigation must be disturbed item by number and description. due to pipeline installation or swale development, any existing irrigation 1.09 MEASUREMENT AND PAYMENT - UNIT lines shall be marked on the PRICES Contractors drawings prior to or at the time of temporary cutting-&- A. Measurement methods delineated in individual specification sections Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-3 MEASUREMENT AND PAYMENT PROCEDURES 0 complement criteria of this section. 1.10 Measurement of Quantities: In event of conflict, requirements of individual specification section A. Weigh Scales: Inspected, tested and govern. certified by the applicable State of Florida Weights and Measures B. Contractor shall take daily and department within the past year. weekly measurements and compute quantities. The Contractor B. Platform Scales: Of sufficient size and shall review and sign these daily capacity to accommodate the conveying and weekly measurements with the vehicle. CONSULTANT. The CONSULTANT shall also sign-off C. Metering Devices: Inspected, tested and on the weekly measurement sheets certified by the applicable State of indicating the CONSULTANT's Florida Weights and Measures progressive concurrence with the Department within the past year. quantities. The Contractor shall transmit the signed-off weekly D. Measurement by Weight: Concrete measurement sheets to the reinforcing steel rolled or formed steel or CONSULTANT. These other metal shapes will be measured by measurement sheets shall be used handbook weights. Welded assemblies to form the basis of the quantities will be measured by handbook or scale claimed on the Application For weight. Payment. E. Measurement by Volume: Measured by C. Unit Quantities cubic dimension using mean length, width and height or thickness. 1. Quantities indicated in the Schedule of Bid Items are for F. Measurement by Area: Measured by bidding and contract purposes square dimension using mean length only. Quantities and and width or radius. measurements supplied or placed in the Work and verified G. Linear Measurement: Measured by by the Consultant and CITY linear dimension, at the item centerline. determine payment. Minor offsets (less than a total of five (5) feet) will not be measured for payment. 2. If the actual Work requires Measurement shall be along the more or fewer quantities than horizontal axis at finished grade. those quantities indicated in the bid items, Contractor shall H. Stipulated Sum/Price Measurement: provide the required quantities Items measured by weight, volume, at the unit sum/prices area, or linear means or combination, as contracted. appropriate, as a completed and accepted item or unit of the Work. D. Payment Includes: Full compensation for required labor, I. Payment for Work does not indicate products, tools, equipment, acceptance. Work items previously paid facilities, transportation, services for may require additional work effort to and incidentals; erection; bring them into compliance with the application or installation of an item requirements of the specific technical of the Work; and overhead and specifications and/or project drawings. profit. 1.11 UNIT OF MEASURE — SCHEDULE OF BID E. Final payment for Work governed PRICES by unit prices will be made on the basis of the actual measurements A. Payment for furnishing and installing and quantities accepted by the those items cited in the Schedule of Bid CONSULTANT and CITY, Items and subsequent Schedule of multiplied by the unit sum/price for Values is noted herein. If"remove and Work, which is incorporated in or replace" is indicated on the project made necessary by the Work. construction drawings (by either annotation or line weight), then the item Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-4 MEASUREMENT AND PAYMENT PROCEDURES 0 descriptions below include the pay item may be disqualified and the removal and proper disposal of the CITY and Consultant may not existing items. evaluate their bid proposal. This cost shall be shown on the Schedule of B. Mobilization/Demobilization, Bonds, Values. Insurance & General Requirements — Bid Items No. 1 3. Partial payments for the NPDES compliance shall be made in 1. Payment for the General accordance with the following Conditions shall be made per schedule: item and shall be full compensation for preparatory Percent of Original Allowable percent of work and operations in mobilizing Contract Amount NPDES Compliance and demobilizing for the project Earned including but not limited to, those 10 10 operations necessary for the 25 25 movement of personnel, 50 50 equipment, supplies and 75 No additional payment incidentals to and from the Final Payment 100 project site, Maintenance of Traffic, for establishment of D. Record Drawings—Bid Item No. 3 temporary offices, buildings, safety equipment, sanitary and 1. Payment for Record Drawings shall other facilities and compliance be made at the Contract lump sum with permit conditions for permits price and shall be full compensation secured by either the Owner or for preparation and maintenance of Contractor. the Record Drawings as specified in technical specification 01340 SHOP 2. MOT plans shall be required for DRAWING REQUIREMENTS and the work within City of Boynton requirements of this Special Beach R-O-W. Conditions. 3. Audio Video Documentation shall 2. Partial payments for the Record be performed pre and post Drawings shall be made in construction as specified in accordance with the following Special Conditions SCO1390 schedule: VIDEO AND PHOTOGRAPHIC Percent of Original Contract Allowable percent of Lump SITE SURVEY. Amount Earned Sum Price For Record Drawings 4. The cost of bonds, permits, 10 10 required insurance and any other 25 25 pre-construction expense 50 50 necessary for the start of the 75 75 work shall also be included in the Final Payment 100 General Conditions. 3. Contractor shall submit updated As- C. NPDES Compliance—Bid Item No. 2 Built Drawings with each Pay Application Request. 1. Payment for NPDES compliance shall include the preparation of E. Indemnification—Bid Item No. 4 the NPDES Plan, development and compilation of the BMPs, site 1. Payment under this item is in implementation and accordance with of the Front-End documentation of inspections. Contract Documents. 2. Contractor shall refer to the F. Demolition—Bid Item No. 5 Schedule of Bid Items for instructions on the method of 1. Method of Measurement: The calculation for this Pay Item. Any quantity to be paid for under this bidder who enters an amount section shall be on a lump sum basis. greater than the 1.5% limit for this Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-5 MEASUREMENT AND PAYMENT PROCEDURES 0 2. Basis of Payment: Payment shall be at the Contract Lump I. Subgrade Preparation—Bid Item No. 8 Sum Price and shall include, but not be limited to, furnishing 1. Method of Measurement: The all materials, labor, and quantity to be paid for under this equipment required to remove section shall be per square yard. concrete sidewalk, signs, fence, guardrail, asphalt 2. Basis of Payment: Payment shall pavement, base, curb & gutter, be at the Contract Unit Price and on-site debris, abandoned shall include, but not be limited to, utilities, utilities to be removed furnishing all materials, labor, and except those with separate bid equipment required to prepare items, including disposal, and subgrade, including stabilizing, any other work described on grading, compaction, testing, and the plans or required for a any other work described on the complete and functional plans or required for a complete system. and functional system. G. Site Restoration—Bid Item No. 6 J. Base—Bid Item No. 9 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be on a lump sum section shall be per square yard. basis. 2. Basis of Payment: Payment shall 2. Basis of Payment: Payment be at the Contract Unit Price and shall be at the Contract Lump shall include, but not be limited to, Sum Price and shall include, furnishing all materials, labor, and but not be limited to, furnishing equipment required to install base all materials, labor, and material, including grading, equipment required to restore compaction, testing, and any other the site to a condition equal to work described on the plans or or better than the existing and required for a complete and any other work described on functional system. the plans or required for a complete and functional system. K. Milling—Bid Item No. 10 1. Method of Measurement: The H. Earthwork—Bid Item No. 7 quantity to be paid for under this 1. Method of Measurement: The section shall be per square yard. quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be on a lump sum be at the Contract Unit Price and basis. shall include, but not be limited to, 2. Basis of Payment: Payment furnishing all materials, labor, and equipment required to mill the shall be at the Contract Lump existing asphalt pavement (1" Sum Price and shall include, minimum), including millings but not be limited to, furnishing disposal, and any other work all materials, labor, and described on the plans or required equipment required to bring the for a complete and functional site to proposed grade, system. including excavation, embankment, grading, disposal of excess material, L. 1"Asphalt—Bid Item No. 11 compaction, testing, and any other work described on the 1. Method of Measurement: The plans or required for a quantity to be paid for under this complete and functional section shall be per square yard. system. Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-6 MEASUREMENT AND PAYMENT PROCEDURES 0 2. Basis of Payment: Payment 2. Basis of Payment: Payment shall shall be at the Contract Unit be at the Contract Unit Price and Price and shall include, but not shall include, but not be limited to, be limited to, furnishing all furnishing all materials, labor, and materials, labor, and equipment required to install base equipment required to install 1" material, including grading, thick asphalt (compacted compaction, testing, and any other thickness), including tack coat, work described on the plans or compaction, testing, overbuild, required for a complete and and any other work described functional system. on the plans or required for a complete and functional P. Milling—County R/W—Bid Item No. 15 system. 1. Method of Measurement: The M. 1-1/2"Asphalt—Bid Item No. 12 quantity to be paid for under this section shall be per square yard. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be per square yard. be at the Contract Unit Price and shall include, but not be limited to, 2. Basis of Payment: Payment furnishing all materials, labor, and shall be at the Contract Unit equipment required to mill the Price and shall include, but not existing asphalt pavement (1" be limited to, furnishing all minimum), including millings materials, labor, and disposal, and any other work equipment required to install 1- described on the plans or required 1/2" thick asphalt (compacted for a complete and functional thickness), including prime system. coat, compaction, testing, and any other work described on Q. 1" Asphalt — County R/W — Bid Item No. the plans or required for a 16 complete and functional system. 1. Method of Measurement: The quantity to be paid for under this N. Subgrade Preparation — County R/W section shall be per square yard. —Bid Item No. 13 2. Basis of Payment: Payment shall be at the Contract Unit Price and 1. Method of Measurement: The shall include, but not be limited to, quantity to be paid for under this furnishing all materials, labor, and section shall be per square yard. equipment required to install 1" thick asphalt (compacted 2. Basis of Payment: Payment thickness), including tack coat, shall be at the Contract Unit compaction, testing, overbuild, and Price and shall include, but not any other work described on the be limited to, furnishing all plans or required for a complete materials, labor, and and functional system. equipment required to prepare subgrade, including grading, R. 1-1/2" Asphalt — County R/W — Bid Item compaction, testing, and any No. 17 other work described on the plans or required for a 1. Method of Measurement: The complete and functional quantity to be paid for under this system. section shall be per square yard. O. Base—County R/W—Bid Item No. 14 2. Basis of Payment: Payment shall be at the Contract Unit Price and 1. Method of Measurement: The shall include, but not be limited to, quantity to be paid for under this furnishing all materials, labor, and section shall be per square yard. equipment required to install 1-1/2" thick asphalt (compacted Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-7 MEASUREMENT AND PAYMENT PROCEDURES 0 thickness), including prime equipment required to adjust coat, compaction, testing, and existing manhole rims to proposed any other work described on grade and any other work described the plans or required for a on the plans or required for a complete and functional complete and functional system. system. V. Exfiltration Trench—Bid Item No. 21 S. Ditch Bottom Inlet—Bid Item No. 18 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per linear foot. section shall be per each. 2. Basis of Payment: Payment shall 2. Basis of Payment: Payment be at the Contract Unit Price and shall be at the Contract Unit shall include, but not be limited to, Price and shall include, but not furnishing all materials, labor, and be limited to, furnishing all equipment required to install materials, labor, and exfiltration trench, including filter equipment required to install fabric, washed rock, pipe (including ditch bottom inlets, including solid sections at inlets/manholes), filter fabric, washed rock, pipe backfill, compaction, testing, and connections, frame & grate, any other work described on the backfill, compaction, testing, plans or required for a complete and any other work described and functional system. on the plans or required for a complete and functional system. W. Flume—Bid Item No. 22 1. Method of Measurement: The T. Manhole—Bid Item No. 19 quantity to be paid for under this 1. Method of Measurement: The section shall be per each. quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be per each. be at the Contract Unit Price and shall include, but not be limited to, 2. Basis of Payment: Payment furnishing all materials, labor, and shall be at the Contract Unit equipment required to install Price and shall include, but not flumes, including excavation, be limited to, furnishing all formwork, concrete placement, saw materials, labor, and cutting, and any other work equipment required to install described on the plans or required manholes, including filter for a complete and functional fabric, rock support, pipe system. connections, bricks, frame & cover, backfill, compaction, testing, and any other work X. Bollard—Bid Item No. 23 described on the plans or required for a complete and 1. Method of Measurement: The functional system. quantity to be paid for under this section shall be per each. U. Adjust Rim—Bid Item No. 20 2. Basis of Payment: Payment shall be at the Contract Unit Price and 1. Method of Measurement: The shall include, but not be limited to, quantity to be paid for under this furnishing all materials, labor, and section shall be per each. equipment required to install bollards, including excavation, 2. Basis of Payment: Payment formwork, concrete placement, shall be at the Contract Unit backfilling, compaction, testing, Price and shall include, but not painting, and any other work be limited to, furnishing all described on the plans or required materials, labor, and for a complete and functional Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-8 MEASUREMENT AND PAYMENT PROCEDURES 0 system. system. Y. Curb &Gutter—Bid Item No. 24 BB. Detectable Warning—Bid Item No. 27 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per linear foot. section shall be per square foot. 2. Basis of Payment: Payment 2. Basis of Payment: Payment shall shall be at the Contract Unit be at the Contract Unit Price and Price and shall include, but not shall include, but not be limited to, be limited to, furnishing all furnishing all materials, labor, and materials, labor, and equipment required to install equipment required to install detectable warning surfaces and curb & gutter, including any other work described on the compaction, formwork, plans or required for a complete placement, saw cutting, testing, and functional system. and any other work described on the plans or required for a CC. Sign—Bid Item No. 28 complete and functional system. 1. Method of Measurement: The quantity to be paid for under this Z. Curb—Bid Item No. 25 section shall be on an assembly basis. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment shall section shall be per linear foot. be at the Contract Lump Sum Price and shall include, but not be limited 2. Basis of Payment: Payment to, furnishing all materials, labor, shall be at the Contract Unit and equipment required to install Price and shall include, but not signs, including anchor, post, be limited to, furnishing all fasteners, placard, and any other materials, labor, and work described on the plans or equipment required to install required for a complete and curb, including compaction, functional system. formwork, placement, saw cutting, testing, and any other DD. Pavement Marking—Bid Item No. 29 work described on the plans or required for a complete and 1. Method of Measurement: The functional system. quantity to be paid for under this section shall be on a lump sum basis. AA. Sidewalk—Bid Item No. 26 2. Basis of Payment: Payment shall 1. Method of Measurement: The be at the Contract Lump Sum Price quantity to be paid for under this and shall include, but not be limited section shall be per square yard. to, furnishing all materials, labor, and equipment required to install 2. Basis of Payment: Payment thermoplastic pavement markings, shall be at the Contract Unit including temporary markings, Price and shall include, but not retroreflective pavement markers, be limited to, furnishing all and any other work described on materials, labor, and the plans or required for a complete equipment required to install and functional system. concrete sidewalk, including grading, compaction, formwork, EE. 2" Line Stop and Restrained Cap — Bid placement, expansion joints, Item No. 30 saw cutting, testing, and any other work described on the plans or required for a complete and functional Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-9 MEASUREMENT AND PAYMENT PROCEDURES 0 1. Method of Measurement: The backfilling, compaction, testing, and quantity to be paid for under this any other work described on the section shall be per each. plans or required for a complete and functional system. 2. Basis of Payment: Payment shall be at the Contract Lump HH. 6"x8" Reducer—Bid Item No. 33 Sum Price and shall include, but not be limited to, furnishing 1. Method of Measurement: The all materials, labor, and quantity to be paid for under this equipment required to install 2" section shall be per each. line stop and restrained cap, including excavation, concrete, 2. Basis of Payment: Payment shall backfilling, compaction, testing, be at the Contract Unit Price and temporary patching, and any shall include, but not be limited to, other work described on the furnishing all materials, labor, and plans or required for a equipment required to install 6"x8" complete and functional reducers, including restraint, and system. any other work described on the plans or required for a complete FF. Water Main Removal — Bid Item No. and functional system. 31 II. 14"x8" Stainless Steel Tapping Sleeve and 1. Method of Measurement: The Valve—Bid Item No. 34 quantity to be paid for under this section shall be per linear foot. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment section shall be per each. shall be at the Contract Unit Price and shall include, but not 2. Basis of Payment: Payment shall be limited to, furnishing all be at the Contract Unit Price and materials, labor, and shall include, but not be limited to, equipment required to remove furnishing all materials, labor, and potable water system, including equipment required to install 14"x8" excavation, draining, pipe, stainless steel tapping sleeve and services, meter boxes, valve, including excavation, appurtenances, disposal, restraint, box, EMS marker, backfilling, compaction, testing, indicator plate, backfilling temporary restoration, and any compaction, testing, and any other other work described on the work described on the plans or plans or required for a required for a complete and complete and functional functional system. system. JJ. 6" Gate Valve—Bid Item No. 35 GG.6"x6" Stainless Steel Tapping Sleeve and Valve—Bid Item No. 32 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this section shall be per each. quantity to be paid for under this section shall be per each. 2. Basis of Payment: Payment shall be at the Contract Unit Price and 2. Basis of Payment: Payment shall include, but not be limited to, shall be at the Contract Unit furnishing all materials, labor, and Price and shall include, but not equipment required to install 6" gate be limited to, furnishing all valves, including restraint, box, materials, labor, and EMS marker, indicator plate, and equipment required to install any other work described on the 6"x6" stainless steel tapping plans or required for a complete sleeve and valve, including and functional system. excavation, restraint, box, EMS marker, indicator plate, KK. 8" Gate Valve—Bid Item No. 36 Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-10 MEASUREMENT AND PAYMENT PROCEDURES 1. Method of Measurement: The 3. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per each. section shall be per each. 2. Basis of Payment: Payment shall 4. Basis of Payment: Payment be at the Contract Unit Price and shall be at the Contract Unit shall include, but not be limited to, Price and shall include, but not furnishing all materials, labor, and be limited to, furnishing all equipment required to install fire materials, labor, and hydrants, including excavation, equipment required to install 8" fittings, valves, pipe, restraint, thrust gate valves, including restraint, blocks, EMS marker, backfill, box, EMS marker, indicator compaction, testing, and any other plate, and any other work work described on the plans or described on the plans or required for a complete and required for a complete and functional system. functional system. 00.8"Water Main with Tracer Wire— Bid Item LL. Sampling Point—Bid Item No. 37 No. 40 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be per each. section shall be per linear foot. 2. Basis of Payment: Payment 2. Basis of Payment: Payment shall shall be at the Contract Unit be at the Contract Unit Price and Price and shall include, but not shall include, but not be limited to, be limited to, furnishing all furnishing all materials, labor, and materials, labor, and equipment required to install 8" equipment required to install water main with tracer wire, sampling points, including including excavation, additional chlorinating the main, piping required to account for bacteriological testing, and any change in vertical elevation, other work described on the disinfection, filling, backfilling, plans or required for a compaction, pressure testing, and complete and functional any other work described on the system. plans or required for a complete and functional system. MM.8"x6"Tee—Bid Item No. 38 3. Method of Measurement: The PP. 8" 11.25-Degree Bend—Bid Item No. 41 quantity to be paid for under this 1. Method of Measurement: The section shall be per each. quantity to be paid for under this 4. Basis of Payment: Payment section shall be per each. shall be at the Contract Unit 2. Basis of Payment: Payment shall Price and shall include, but not be at the Contract Unit Price and be limited to, furnishing all shall include, but not be limited to, materials, labor, and furnishing all materials, labor, and equipment required to install equipment required to install 8" 8"x6" tees, including restraint, 11.25-degree bends, including and any other work described restraint, thrust blocks, and any on the plans or required for a other work described on the plans complete and functional or required for a complete and system. functional system. NN. Fire Hydrant—Bid Item No. 39 QQ.8"45-Degree Bend—Bid Item No. 42 Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-11 MEASUREMENT AND PAYMENT PROCEDURES 0 1. Method of Measurement: The quantity to be paid for under this 3. Method of Measurement: The section shall be per each. quantity to be paid for under this section shall be per each. 2. Basis of Payment: Payment shall be at the Contract Unit 4. Basis of Payment: Payment shall Price and shall include, but not be at the Contract Unit Price and be limited to, furnishing all shall include, but not be limited to, materials, labor, and furnishing all materials, labor, and equipment required to install 8" equipment required to install 6" 45-degree bends, including sanitary services, including restraint, thrust blocks, and any excavation, cut-in, EMS marker, other work described on the cleanouts, mini manholes, concrete plans or required for a collars, wing nut plugs, trench complete and functional restoration, testing, and any other system. work described on the plans or required for a complete and RR. Water Service—Bid Item No. 43 functional system. 1. Method of Measurement: The UU. Power Undergroundinq—Bid Item No. 46 quantity to be paid for under this section shall be per each. 1. Method of Measurement: The quantity to be paid for under this 2. Basis of Payment: Payment section shall be on a lump sum basis. shall be at the Contract Unit Price and shall include, but not 2. Basis of Payment: Payment shall be limited to, furnishing all be at the Contract Lump Sum Price materials, labor, and and shall include, but not be limited equipment required to install to, installing all materials (provided water services, including by FPL), labor, and equipment excavation, casing, copper required to relocate existing tubing, EMS marker, meter overhead power utilities to an boxes, backfilling, compaction, underground location, including testing, and any other work risers, excavation, conduit and wire described on the plans or installation, equipment installation, required for a complete and tracer wire, EMS markers, backfill, functional system. trench restoration, sidewalk restoration, compaction, testing, SS. Lateral Removal—Bid Item No. 44 terminations, and any other work described on the plans or required 1. Method of Measurement: The for a complete and functional quantity to be paid for under this system. section shall be per each. VV. Telephone Undergroundinq — Bid Item No. 2. Basis of Payment: Payment 47 shall be at the Contract Unit Price and shall include, but not 1. Method of Measurement: The be limited to, furnishing all quantity to be paid for under this materials, labor, and section shall be on a lump sum basis. equipment required to remove sanitary sewer laterals, 2. Basis of Payment: Payment shall including excavation, disposal, be at the Contract Lump Sum Price wing nut plugs, trench and shall include, but not be limited restoration, testing, and any to, furnishing all materials, labor, other work described on the and equipment required to relocate plans or required for a existing overhead telephone utilities complete and functional to an underground location, system. including excavation, conduit, pull boxes, ground wires, backfill, TT. 6" Sanitary Service—Bid Item No. 45 compaction, testing, and any other Boynton Beach Utilities—NW 11th Avenue Reconstruction SC01025-12 MEASUREMENT AND PAYMENT PROCEDURES 0 work described on the plans or testing, and any other work required for a complete and described on the plans or required functional system. for a complete and functional system. WW. Television Undergrounding — Bid Item No. 48 YY. Landscape and Irrigation—Bid Item No. 50 1. Method of Measurement: The 1. Method of Measurement: The quantity to be paid for under this quantity to be paid for under this section shall be on a lump sum section shall be on a lump sum basis. basis. 2. Basis of Payment: Payment shall 2. Basis of Payment: Payment be at the Contract Lump Sum Price shall be at the Contract Lump and shall include, but not be limited Sum Price and shall include, to, furnishing all materials, labor, but not be limited to, furnishing and equipment required to install all materials, labor, and landscaping and irrigation, including equipment required to relocate trees, shrubs, ground cover, existing overhead television planting soil, staking, mulch, utilities to an underground maintenance, fence, water service, location, including excavation, controller, rain sensor, excavation, conduit, conduit terminations, valves, boxes, sleeves, mainline, backfill, compaction, testing, thrust blocks, utility marking tape, and any other work described wiring, lateral lines, backfill, on the plans or required for a compaction, testing, sprinklers, complete and functional bubblers, and any other work system. described on the plans or required for a complete and functional XX. Street Lighting—Bid Item No. 49 system. 1. Method of Measurement: The 2 PART 2 PRODUCTS Not Used. quantity to be paid for under this section shall be on a lump sum 3 PART 3 EXECUTION Not Used. basis. *SPECIAL NOTE: 2. Basis of Payment: Payment shall be at the Contract Lump The CITY retains the option to utilize up to 20% of Sum Price and shall include, the excess material from excavation and trenching but not be limited to, installing operations. If the CITY exercises this option, all materials (provided by FPL), Contractor shall stockpile the excess material and labor, and equipment required deliver to the CITY's facility as directed by the to install street lighting, CITY's Representative. including excavation, conduit installation, pull box installation, tracer wire, EMS END OF SECTION markers, backfill, compaction, Boynton Beach Utilities—NW 11th Avenue Reconstruction SCO1025-13 MEASUREMENT AND PAYMENT PROCEDURES t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 NEW BUSINESS AGENDAITEM: 14.C. 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's request was presented at the April 10, 2018 CRA Board meeting. After discussion, the Board made a motion to table the item until the May 8, 2018 CRA Board meeting to allow City and CRA staff time to discuss potential sites to host the Boynton Beach Playhouse (see Attachment 11). On April 23, 2018 CRA and City staff was copied on an email sent from Mr. Pagliagro to Lori LaVerriere withdrawing their request to relocate the Boynton Beach Playhouse to the Historic Woman's Club of Boynton Beach. Mr. Paglaigro sites several reasons to withdraw his request including unfavorable parking, location far from the future Town Square site and scheduling conflicts with other rentals occurring at the Woman's Club (see Attachment 111). 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 - Minutes from April 10, 2018 D Attachment III -April 23, 2018 Email from Boynton Beach Playhouse 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. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 Mr. Simon explained the CRA purchased property that had a duplex and the tenant leases had different expiration dates on August 1St and May 30th. Staff was contemplating providing an extra 60 days for each resident on the lease, allowing them additional time to find another suitable home. Motion Board Member Katz moved to approve. Vice Chair Romelus seconded the motion. Board Member Casello asked if the CRA assisted tenants with relocation fees in the past. Mr. Simon recalled they may have done so with Reverend Robinson, but as a practice, they have not. Mr. Simon would not want to extend the lease longer than the 60 days. The CRA had notified the tenants that they acquired the building and they did not know that they had to move. It was a proactive measure and once vacant, the building will be demolished. Mr. Simon pointed out the site was now part of the RFP of the lot. Chair Grant was concerned about liability, but learned the building passed the inspection report, but was informed the CRA would not want to pay for any significant repairs. Mr. Simon explained the tenants will also be paying rent. Vote The motion unanimously passed. D. Consideration of Request from the Boynton Beach Playhouse for use of the Historic Woman's Club of Boynton Beach Mr. Simon explained the CRA received a letter from the curator/operator of the Boynton Beach Playhouse on March 29th requesting the Board consider the playhouse relocating due to the Madsen Center demolition as part of the Town Square Project and use the eastern portion of the Woman's Club downstairs for performances. There is a stage and risers with seating to occupy that space with very little damage or alteration to the building. The Playhouse provides a five production series of eight shows each and a children's theater camp in the summer. They would pay $160 a month, which is their current offset to the Madsen Center. Mr. Simon explained the series occurs from November through May. Board Member McCray queried if the shows would interfere with rentals at the Woman's Club and learned it could potentially affect the upstairs rental during their season. On Friday and Saturday nights, the upstairs of the building could not be rented, nor could both floors be used at the same time on any night. He clarified there are some weekends no shows are planned and those are the weekends the Woman's Club could be rented. Peter Pagliaro explained the shows are held on three consecutive weekends consisting of Friday, Saturday and Sunday for two weekends and only Friday and Saturday on the 22 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 third weekend. Generally, each new production is four to six weeks apart. Board Member McCray asked how much the CRA would lose in rental income for the top floor and learned it would be $2,500 plus other fees per event. Board Member Katz noted dedication to one entity would result in the loss of rentals at the facility, and he did not want to reserve months worth of weekends during peak season. The CRA just acquired the property and was attempting to market it. Using the building by the theater could compromise what the CRA was seeking to do. The Board did not want to let everyone in on a charitable basis and the shows would hinder the CRA's ability to make the facility profitable. He did not support renting the facility to anyone unless the cost was equal to the cost of a reservation. Board Member Casello saw several plays and noted pest control at the Madsen Center is $150 a month. Using the Women's Club would result in an increase in monthly costs such as utility costs and the City has no means to absorb or pay for them. He hoped when the High School was up and running, there might be space to hold the performances. He commented due to the earlier mentioned issues, he could not support the request and further added the parking was terrible. Mr. Pagliari commented that five years ago, at a meeting with the City Manager and former CRA Director Vivian Brooks, they thought they would someday move into the Old High School and be the cultural hub of the new Town Square until a month ago. He received a call from the City Manager to look at the Old High School, and then a few days later was informed it was not an option. He explained Atlanta, Georgia allowed its community theater to perform in the back of the big theater of an old high school in the black box. The builder who constructed their current location also told him he could dismantle and reassemble it in a new location within a week. Board Member Casello asked if the Playhouse had a Plan B and learned they did not have anything concrete. Mr. Pagliari explained this year was their 26th consecutive year in business without a payroll. They have lost space before, but were able to immediately find a new location. The community theater is an all-volunteer organization. They have been in Boynton Beach for six years and culturally put Boynton Beach on the map. They thought the cultural partnerships were amazing and it is give and take. The volunteers do not take a paycheck. They do it for the residents and to enhance the City's cultural element. He thought with the Town Square, nothing was more important than having a cultural component such as a live stage theater. He commented West Palm Beach and Lake Worth have one and it draws people who also stop and eat at the restaurants, shop at the shops and drink at bars after the show. Mr. Pagliari explained the Playhouse draws these individuals because their budget is used for advertising in the Sun Sentinel and Palm Beach Post. He reiterated they were not present for their own motives, only the love of the art. Chair Grant requested clarification the playhouse was not asking to use the west side of the Old High School and learned they were not. He thought the Board does not know 23 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 what they can get from the Woman's Club. He proposed to give them a one-year lease as it will draw people to the CRA district, Secret Garden, Hour Cucina and other new restaurants. He thought they could have dinner theater with the Woman's Club. They may not be making as much money as they could, but it is not their vision to make the Woman's Club into a catering hall. He thought the CRA should fine tune the expenditures as they would most likely need valet parking, and there are added costs for utilities and cleaning after each show. The Playhouse was always subsidized. When the Board rented it out for $1 a year for the Madsen Center and the air conditioner broke, the Playhouse contributed $1,000 for its repair. Chair Grant thought the City would get more advertising from the Woman's Club by having a Piayhouse than by the CRA's own marketing. If they wait a year, they may not have this option. He noted the Boynton Beach Woman's Club needs a new roof and they may not be able to rent the top floor. There are unknowns and variable costs, but with marketing and new restaurants, it could be a dinner theater. He commented the Woman's Club was always supposed to have a community component. Board Member McCray explained the Playhouse originally came to them out of desperation, but it was not a long-term agreement. The CRA had a marketing plan for the building. He asked if they would consider using the Senior Center and a hall that is not used. He thought there were events ongoing, but not on weekends. Mr. Pagliari explained in order to continue to be successful, they have to be able to get in there any time for rehearsals during the days, evenings, weeknights and weekends. . Board Member Katz did not want to see them turned away or find another location or City facility. If the Woman's Club is the only option, he thought they may be able to change some of the show runs. He would not be opposed to using the space but on a more limited basis including using it less on weekends or alternating weekends. There is a compromise including addressing the cost as he did not think $160 would be sufficient. He thought staff could review using different locations so it would not be inoperable during stretches of time in season. He appreciated what the Playhouse does, but the location cannot be used exclusively by one entity for an extended length of time. He hoped there would be a compromise Board Member Romelus had a print out of current events at the Woman's Club since July. She asked if the Playhouse could move production dates to less popular months. Mr. Pagliari explained they choose the dates according to the season, which is November through May, as snowbirds return home after Easter. He announced they have to hold the plays on three consecutive weekends. The members have families and jobs and they need a structured schedule. The Playhouse already reduced the number of plays and they could not make further cuts. Motion 24 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 Board Member McCray moved to table this item. He did not want to lose what they had in the Madsen Center and was informed demolition would not occur right away. Board Member Katz thought he and the City should get together quickly to develop a timeline. He advised he will email City staff to inform them of timetable and look at other options. He seconded the motion to table. Mr. Pagliari explained the City Manager never said why they could not move into the cultural center Board Member Casello asked if it was because they need current space and storage, and there was no more room on the first floor and the second floor was too big. Mr. Pagiiari agreed but had asked for a small space in the back on the second floor. He was unsure of the square footage on the top floor, but commented they only need 1,200 square feet. Board Member Katz commented at this time, the City is not in a position to make that decision and anyone who made a commitment to him in the past spoke out of turn. Vice Chair Romelus thought the Playhouse would run into the same issue with this building. A portion of the high school would be used for weddings and conferences and they will experience the same problem and lose revenue. She favored City staff speak about using other facilities rather than tabling the item. Lori LaVerriere, City Manager, explained their need is for permanent space. When they set up their sets for a show they leave it there and they cannot move it so the permanent space needs was a challenge for them on the first floor with all of the recreation programs. Staff can look at the program needs of the art and civic centers but Ms. LaVerriere noted it is already a challenge to maintain the City's current program levels and they want to eliminate some recreation programs to accommodate this. The upstairs conference space will be used by the hotels for conferences and large venues. They cannot partition the areas upstairs. There are more classroom settings for Zumba and dance and art classes. She advised they will revisit the programming. Vice Chair Romelus did not want to remove programs. She asked if there were other facilities that could be used. Ms. LaVerriere explained they looked. The backroom is a nice space, but it is permanent space. They have to setup, stay there, rehearse and have access. The Playhouse needs dedicated space. She did not know about using the Senior Center. She would speak with Mr. Majors to review the issue and bring something back. Chair Grant commented there is some information about how the Woman's Club is being used and what dates are booked. The Board acquired the Woman's Club in November, but they have records dating back to the prior July. He noted the Woman's Club is not advertised as a for-profit business and there are costs. He asked if the Woman's Club pays for itself and learned they are operating at a loss. It will not hurt the CRA by having the Boynton Beach Playhouse occupy it for a year on a temporary basis. It is an opportunity for the CRA to have people visit because next year there will be no Movie in the Park or Music on the Rocks unless they find a new venue. Mr. Simon thought there was room to work with the Playhouse, but no matter where the Board considers, it is a 25 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 subsidized enterprise. The Playhouse does not generate revenue for the space they occupy no matter where they are. There are 11 to 13 weekends with no shows and 15 weeks there are, and there are months there are no rentals so it would not interfere. There is an opportunity to generate attention to the building by having the Playhouse there or partner with other businesses. Staff would do all they could and hoped the Playhouse would do all they could to make it affordable for both parties and have a partnership. Board Member McCray asked what the hours of the performances were and learned the evening performances begin at 8 p.m. and end around 10 p.m. The Sunday Matinees start at 2 p.m. to about 4 p.m. Board Member McCray asked how the Playhouse would feel if there was a wedding occurring during production. Mr. Pagliari explained they would not be able to have a live play on stage with a DJ upstairs as it would interfere with the play. Board Member McCray thought they may be able to work around the timing. He wanted to table the item. Vote The motion unanimously passed. Barbara Ready explained she is on the Board of Directors for the Historical Society, and they met at the Woman's Club for many years paying $500 a year and they were chased off by the increase in the fees. She commented she would love to rent the club for$160. She thought fair was fair. E. Consideration of Transfer of the CRA Owned Property Located at 201 NE 1st Avenue for Use in the Town Square Project Motion Board Member Katz moved to approve. Board Member McCray seconded the motion that unanimously passed. 15. CRA Advisory Board A. CRA Advisory Board Agenda April 5, 2018 B. Pending Assignments 1. None C. Reports on Pending Assignments 1. None 26 Nicklien, Bonnie From: Boynton Beach Playhouse <boyntonbchplayhouse@gmail.com> Sent: Monday,April 23, 2018 9:53 AM To: LaVerriere, Lori Cc: Simon, Michael; Grant, Steven; Katz,Justin; McCray, Mack; Casello,Joseph; Romelus, Christina Subject: Boynton Beach Playhouse Hi Lori, I hope all is well. I wanted to give you an update on what has transpired from several meetings our group had about the possible relocation to the Women's Club since the last CRA meeting. After three meetings and nine hours of debate, we have concluded that it would be in the best interest for our theatre not to pursue the Women's Club any longer for a theatre location.This decision stems from several items that we felt would be a detriment to our group moving forward with continued success. Of course the first was the parking issue that we now realize, would not work for our patrons. Secondly, we feel we would be too far off the beaten path of the new Town Square. By not having the walk ability for our patrons to park, dine, shop and attend a live theatre show, we feel we would not be providing the most assets to the new downtown. And lastly, we didn't feel that we had enough support from the meeting and felt that we were no longer begin treated and considered as a true community theatre to the City. As a 26 year old theatre group, I hope everyone understands,that we simply cannot take steps back, but can only move forward in order to continue growth and popularity in the County. It was recommended in the meeting that we would have to lessen our schedule to even be considered, but rather than deleting some of our performances and productions, we should only set goals to grow and add on to our schedule.This of course would be the most advantageous for the new downtown and everyone involved.To make the move to the Women's Club would cost us upwards of twenty thousand dollars and given the above stated problems,just would not be feasible for us unless we had full support. This decision saddens us, especially considering everything we put into establishing ourselves as Boynton Beach's Community Theatre and becoming a premier theatre within Palm Beach County.We will now regroup and begin a search for a new home. If things change for the City officials and we can once again agree to continue with the cultural partnership we have had for the past 6 years, we would be thrilled to engage in moving forward, as I'm sure all the resident patrons in Boynton would be as well. A true cultural partnership can only work if there is give and take on both sides. Our take was the City's generous offer of the Madsen Center, rent free. Our give was becoming a premier theatre and putting Boynton Beach on the cultural map for live stage theatre, in preparation to draw many people to the new Town Square where they will dine at area restaurants, patronize local shops and socialize at area bars. I hope the City realizes the assets that will arise from our presence and possibly reconsider with full support.Thank you Lori for all your support and believing that we can be an asset to the cultural awareness in Boynton Beach. Sincerely, Peter Pagliaro Boynton Beach Playhouse 561-301-5404 1 t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 NEW BUSINESS AGENDAITEM: 14.D. SUBJECT: Consideration of Grant Funding for the Boynton Beach CRA NonProfit Organization Grant Program SUMMARY: At the March 13, 2018 CRA meeting, the Board approved the reissuance of the Nonprofit Organization Grant Program (NOGP) for the Economic/Business Development and Affordable and Workforce Housing Categories. Nonprofit organizations with projects and programs that will create jobs and economic opportunities or provide affordable and workforce housing in the CRA area, and further the CRA Plan are eligible to apply. Additionally, the Board also amended the program to not consider funding applications that do not receive a minimum overall score of 50%from the Funding Evaluation Committee (Attachment I - Meeting Minutes). The NOFA was released on March 19, 2018 with a submission deadline of April 19, 2018. Two pre-submission workshops were held on March 26, 2018 at 1:00 P.M. and 6:00 P.M. (Attachments 11 and 111). All grant application and supportive documents were made available electronically in editable formats on the CRA's website and printed formats at the CRA Office for interested parties. On April 19, 2018, three applications were submitted within the deadline and include the following organizations: Community Caring Center of Greater Boynton Beach, Inc. (CCC), Habitat for Humanity of South Palm Beach County (HFHSPBC), and Side Project, Inc. (SPI) (Attachments IV and V - Excerpts from NOGP Application). Excerpts from the SPI NOGP application are available upon request. The specifics of the organizations'funding requests are summarized below: Nonprofit Organizations HFHSPBC (1118 & 1120 NE 2nd SPI CCC St (Launch Boynton (Culinary 123 & 127 NE 12th Ave Program) I ncubator/ Neighborhood Training Program) Revitalization Program- ABWK and Critical Repairs) FY 2017-18 Budget $1,036,882 $7,125,408 $311,500 Overall Weighted Score 88.2% 99.3% 45.0% Programs/Projects 6 months 12 months 12 months Duration (June 2018 - (June 2018 - (no specific dates) December 2018)June 2019) Funding Requested $57,681 (6%) $40,000 (<1%) $75,000 (24%) Funding $57,681 $40,000 None Recommendation This year's Funding Evaluation Committee consisted of CRA Assistant Director, Thuy Shutt, CRA Finance Director, Vicki Hill, and CRA Development Services Manager, Theresa Utterback. The Committee scored each application package based on the established NOGP criteria approved by the CRA Board. Criteria used in review of the application were grouped into six categories weighted for a total 100% as indicated below: Organization Capacity 20% Need for Project/Program 20% Project/Program Description 10% Project/Program Model 20% Evaluation Plan 10% Budget& Sustainability 20% NOGP Funding Evaluation Committee's Recommendation: The results of the Committee's results are provided in Attachment VI. Based on the Funding Evaluation Committee's results, SPI's overall weighted score of 45% will not meet the Board's established threshold to be recommended for funding. FISCAL IMPACT: FY 2017-18 Budget, $92,929 - line item 02-58500-470, Project Fund, the Nonprofit Organization Grant Program (NOGP). An additional $4,758 may be reallocated from line item 02-58200-405, Project Fund, Site Work& Demolition CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: Recommends the following: 1. Approval of the application and funding request as submitted by Community Caring Center of Greater Boynton Beach, I nc.(CCC) in the amount not to exceed $57,681 over a funding period of six months under the Nonprofit Organization Grant Program (NOGP) and direct staff to work with legal counsel to bring back a Grant Agreement for Board Approval at the June 12, 2018 CRA Board meeting. 2. Approval of the application and funding request as submitted by Habitat for Humanity of South Palm Beach County (HFHSPBC) in the amount not to exceed $40,000 over a funding period of twelve months under the Nonprofit Organization Grant Program (NOGP) and direct staff to work with legal counsel to bring back a Grant Agreement for Board Approval at the June 12, 2018 CRA Board meeting. 3. Not approving the application and funding request as submitted by Side Project, Inc. in the amount of $75,000 over a funding period of twelve months under the Nonprofit Organization Grant Program (NOGP). CRA BOARD OPTIONS: By separate motions: 1. Approve the application and funding request as submitted by the Community Caring Center of Greater Boynton Beach, Inc. (CCC) in the amount not to exceed $57,681 over a funding period of six months under the Nonprofit Organization Grant Program (NOGP) and direct staff to work with legal counsel to bring back a Grant Agreement for Board approval at the June 12, 2018 CRA Board meeting. 2. Approve the application and funding request as submitted by Habitat for hUmanity of South Palm Beach COunty (HFHSPBC) in the amount not to exceed $40,000 over a funding period of twelve months under the Nonprofit Organization Grant Program (NOGP) and direct staff to work with legal counsel to bring back a Grant Agreement for Board approval at the June 12, 2018 CRA Board meeting. 3. Do not approve the appliation and funding request as submitted by Side Project, Inc. int he amount of $75,000 over a funding period of twelve months under the Nonprofit Organization Grant Program (NOGP). 4. Other options as determined by the Board. ATTACHMENTS: Description D Attachment I -03.13.18 Meeting Minutes D Attachment II - NOFA D Attachment III -Workshop Sign-In Sheet D Attachment IV -CCC NOGP Application D Attachment V - Habitat for Humanity NOG P Application D Attachment VI - Evaluation Committee's Results Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 to adjust the reimbursement for that period for any expenditures from the time of grant execution through to June 30tH Ms. Bush was fine with the changes. Chair Grant looked forward to learning the results. Motion Board Member McCray moved to approve. Board Member Romelus seconded the motion that unanimously passed. 3. Consideration of the Guidelines and Application for the Boynton Beach CRA Non-Profit Organization Grant Funding Program Ms. Shutt explained the Board approved the grant program last fall. Since then, P2P was the only applicant that submitted an application by the deadline. At the February meeting, the Board wanted the CRA Advisory Board to review the program and make improvements, including the makeup of the grant evaluation committee and any other adjustments needed. The Advisory Board reviewed the program and voted to recommend the program remain the status quo without any additions to the evaluation committee and the Board reconsider reissuance for just the economic development business category within 30 days. If the Board opted not to, they could roll the funds over to the next fiscal year or add other categories under the grant program. The four categories, which were removal of slum and blight, economic business development, affordable and workforce housing, and recreation and cultural facilities. The recommendation was to release the program for the Economic Development category. There was $92,923 dollars available in the line item for fiscal year 2017/2018. Chair Grant inquired if they could request funds from the Recreational and Cultural Facilities category if KaBoom wanted to build a playground and learned they could as long as they meet the all the criteria. Board Member Casello asked what businesses contemplated applying. Ms. Shutt explained after the closing deadline, some non-profits wanted to apply. The category of Economic Development was for job creation and entrepreneurship opportunities. One inquiry was to train individuals to pick up trash and debris in underserved areas in the CRA District. Ms. Shutt informed them the funding was more for incubators or job creation, but they could ask the Board to allocate funds to eliminate slum and blight. Even though their goals and missions are worthy, staff has to ensure the intent is met for each category and it align with the CRA Plan. Board Member Casello asked if the same committee members who are on the screening committee will evaluate the measurables and learned they were. The committee will remain as is and consisting of staff with non- profit, finance, grant administration/writing experience and redevelopment experience. There is. 30 plus years of experience. Another group discussed landscaping and maintenance, but their goal was to be a CRA vendor and bid for projects. They do provide jobs, hire locally and train individuals in the landscape maintenance business, but they would not meet the intent of the grant. Another group was Hack Lab, which was for an apprenticeship program they were approved for from the Department of Labor. They are 22 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida March 8, 2018 not located in the CRA District. They could have a satellite district, but first they need to be in the CRA District and lastly, the Community Caring Center was interested in the program, but could not make the deadline for this cycle. Board Member Romelus asked why the CRA would open the grant to the Community Caring Center if the CRA was already allocating funds for them and learned the program is open to everyone. There are funds remaining and the Board could reissue another notice of available funding. The CRA has not allocated any funds to the Community Caring Center for their incubator program this year, but they did last year. This year, there was a request for assistance to relocate. Vice Chair Katz urged the Board to strictly regulate the grant so it would not become a money grabber. As the program expands, anyone who comes up with an idea could potentially become an economic development opportunity and the fund becomes a pile of available money. He thought the focus should be on business and economic development. Board Member Romelus noted some people returned and were confused. She noted the program was new and there was a learning curve. She thought the grant should be reissued and supported option 2, which was to approve the reissuance of the NOGP for the remaining $92,923 for economic development and affordable/workforce housing categories with a 30-day closing date. If no one applies within that time, they close the category, roll the funds over to the next year and educate the public the opportunity is available. Motion Board Member Romelus moved to her above statement. Vice Chair Katz seconded the motion. Vice Chair Katz commented now that the Board understands the process, the Board should hold the line on suspect proposals. Board Member Casello requested adding on to the program, if an applicant has a rating of less than 50%, the Board should not consider the request. Both motion makers added the requirement to the motion Vote The motion passed 4-1 (Board Member McCray dissenting.) 4. Discussion Regarding Redevelopment Options for CRA Owned Parcels within the MILK, Jr. Boulevard Corridor Mr. Simon explained this item was discussed at the January 18th meeting and the Board requested the Advisory Board review redevelopment options and solicit input from the public. There was a good turnout and the Advisory Board took note of the public's concern. The CRA Advisory Board recommendation was to pursue a mixed-use commercial/residential development as contained in the CRA Plan; incorporate 23 OWN ... ....... a@ TO ._/ ; J 1J � J ow o ow zm ou- 0 �S`, O O C � J s.: v J (J O ti v O ^M 1 Cale Z to Wo N � 10. is 00 (Z L4 .. O O C wou- cc 0 N �A D o .N s ZLU J Application for Funding - Nonprofit Partner Boynton Beach Community Redevelopment Agency Section I. ORGANIZATION INFORMATION 1 Organization Legal Name: Community Caring Center of Greater Boynton Beach (CCC) dba, if applicable: 2 Address: PO Box 100, Boynton Beach, FL 33435 3 Telephone: 561-364-9501 4 Fax: 561-364-7288 5 Website: www.cccgbb.org 6 Mission Statement: The mission of the Community Caring Center of Greater Boynton Beach is to create a healthy community through nutrition education, social services and economic development programs. Our vision is to address the root causes of poverty through an innovative integration of social services programs, economic development (through small business incubation), nutrition education, and access to a healthy, affordable, and sustainable food center. 7 Executive Leader: Sherry Johnson 8 Application Contact: Rachel Waterman 9 Title: Grant Writer 10 Contact Telephone: 305-985-9037 11 Email: RWaterman@cccgbb.org 12 Year Established, Organization History and Growth: The Community Caring Center of Greater Boynton Beach (CCC) was established in 1987 by a local clergy association to address the needs of the community. After years of giving out emergency cash assistance to people in need, CCC thought to determine why residents were struggling with poverty rather than respond to the circumstances caused by it. In 2000, we began a 7-year study of the root causes of poverty and determined people lacked access to healthy affordable food resulting in a loss of productivity, increased health care costs, and increased demands for services. Health issues debilitated 55% of our clients needing emergency financial aid: 28% were preventable, nutrition- related diseases like diabetes, high cholesterol, blood pressure, cancer and heart disease. In fact, 32% of the clients requesting financial assistance in one form or another had been debilitated to such a point that they could no longer work due to a nutrition-related disease. As a result, CCC went through a strategic planning process and updated its mission statement and programming. In addition to meeting emergency needs (food, shelter, and financial assistance), the Community Caring Center addresses the root causes of poverty through an innovative integration of social service and economic development programs, including economic development through small business culinary incubation, nutrition education for adults and children, and access to affordable, healthy food. Our programs recognize the connection between nutrition and economic prosperity; we aim to improve the health of the community and change the attitudes and behaviors of the next generation toward healthier food choices and lifestyles by providing nutrition education & access to healthy affordable food for low- income families, providing avenues for creating wealth and obtaining better paying jobs. Our Economic Development programs were launched in 2008 to support residents in opening their own businesses, as well as learn money-saving and money-making techniques such as food preservation and backyard gardening. One of the first culinary incubators in the country, the Secret Garden Cafe, was built on residents' strengths helping them, for example, to produce their BBQ sauce for bottling and sale, start catering businesses and restaurants. Since opening we estimate the incubator has generated more than $1 million in business revenues and has had a substantial economic impact on the local Boynton economy. Our Incubator has grown to occupy our entire facility Funding Application,Community Caring Center of Greater Boynton Beach,April 19,2018,Page 1 of 11 and we have completely outgrown our space. In 2017, we expanded our economic development efforts to include Job Training for people looking to obtain employment in the food service industry. 13 Description/Programs: Our purpose is to address these root causes of poverty-for us that means addressing people's lack of access to affordable, healthy foods and limited economic mobility. The integration of social services particularly focused on health and nutrition with economic development is what makes our programming unique. We support people in eating healthy and managing chronic health conditions to lower medical expenses and in creating their own pathways to prosperity through the infrastructure of our culinary incubator, the Secret Garden Cafe. 1. The Economic Development Program serves micro-entrepreneurs through our Culinary Business Incubator, an urban farming project and educational programs. We serve an average of 30 small businesses and micro-entrepreneurs each year and have generated more than $1 million in incubator gross sales - taking folks from unemployment to self-employment. Secret Garden Cafe hosts the incubator and includes a cafe and bakery open to the community where we sell produce from our farm that is not used in other programs, along with products from our chefs and micro-entrepreneurs. We feature a weekend market, regular foodie events, and participate in community events to give both the agency and our culinary entrepreneurs market exposure. We host workshops and offer classes in certified food handling, preservation, healthy cooking, raw food, juicing, and children's gardening and nutrition programs. 2. Our Social Services and Homeless Outreach serve those who need immediate support with emergency food, shelter and financial assistance. We serve 2,500 families annually and support 30 to 40 homeless weekly through a food pantry, emergency clothing closet, access to computers and support with application for benefits, mail support, and a community health clinic. Financial aid is provided to our neighbors who need support with utilities payments and,in some cases,rent. Our signature Social Services initiative is the Senior Caregiving Program, designed to bring our services directly to clients who are not likely to access them otherwise, as well as establish relationships through which other area providers may also deliver services to these clients. Our services aim to support seniors as they age at home, maintaining the greatest quality of life possible, while mitigating the near catastrophic economic impact to taxpayers of our county's aging population's impending projected facility care expenses. We serve a core group of nearly 300 seniors with in-home services, connect them to a network of partners and resources, and engage them in managing their health conditions, treatment and medications through diet. We deliver fresh produce, hot meals, and pre-packaged vacuum-packed healthy meals specifically for seniors dealing with chronic conditions such as diabetes,hypertension, cancer and other conditions. The average age of our seniors is 85. 90% are low-income; many are frail, disabled and/or alone: 1/3 are shut-ins; 40% have a disability, 25% have vision impairment, 25% an ambulatory difficulty, and 23% difficulty with independent living. Seven of our seniors are blind or have significant vision impairment; 8 are wheelchair-bound due to amputations; 20 use the assistance of a walker or cane. Most have no caregiver or family support: 75% live alone. 65% have no transportation - in an area in the heart of Boynton Beach designated by USDA as a Class 1 food desert. 14 Long Term/Strategic Planning Process & Status of Current Plan (attach Plan): We recently created a Strategic Plan and it has been reviewed by the Board of Directors. It is considered a working first draft with additional revisions expected later this summer. As this is our first strategic plan we started by having our development consultants provide us with some examples of strategic plans. We researched industry best practices for strategic plans. From there, we created an Funding Application,Community Caring Center of Greater Boynton Beach,April 19,2018,Page 2 of 11 outline of the plan sections. Our Grant Writer created a survey document that was sent out to all board members and staff to solicit their feedback for each of the identified sections. The Grant Writer then compiled the feedback from Board and staff and produced a first draft for discussion. We formed a committee including our Board Chair, our Fundraising Committee Chair, the Executive Director, our Grant Writer and a staff person. This committee provided feedback and edits to the first draft. A new draft was created and provided to the full Board for comment. Revisions were made based on Board feedback to produce a final draft. Board interest in the development of the Strategic Plan has grown since we started the process and there is interest in doing additional revisions prior to the new fiscal year in July. A copy of the plan is attached. 15 Board Roles & Responsibilities: We currently have a 10-member Board of Directors, all of whom either live or work (or both) in Boynton Beach. Our board is very diverse. We usually have 10 meetings per year and the Board is very active in the organization, contributing nearly 3,000 volunteer hours already this year to date. They are very involved with fundraising, with approximately 75% of Board members contributing personally and they are responsible for over$175,000 in fundraising this year to date. We have 5 officers: President, Vice President, 2nd Vice President, Treasurer, and Secretary. Board members serve on at least one of 6 committees: Fundraising, Finance, Administrative, Grants, Insurance & Property, and Marketing& Public Relations. Board Member Expectations are detailed and signed by each member. A copy is attached. 16 Policy on Board Contributions: This year our Board initiated a $2,500 annual give or get policy. So far, half have met their minimum contribution. It is a formal policy. Attached. 17 For current fiscal year,number of Board Members contributing: 8 Cash donations 10 Donations raised from others 11 Volunteer hours 6 In-kind donations 18 For current fiscal year, amount/value of Board member contributions: $44,790 Cash donations $130,627 Donations raised from others 2,911 Volunteer hours $19,618 In-kind donations 19 Oversight/Accreditation/Affiliation: Oversight: United Way of Palm Beach County- Emergency Food & Shelter Program Local Board &Auditors Federal Emergency Management Agency-Emergency Food & Shelter Program National Board Palm Beach County Community Action Program- grant compliance & auditors City of Boynton Beach Community Improvement Division-annual monitoring US Dept. of Housing and Urban Development (USHUD) annual random agency audit DCF licensure Palm Beach County Client Track licensure Feeding South Florida annual inspection Palm Beach County Food Bank annual inspection State of Florida Dept. of Business and Professional Regulation- Division of Hotels & Restaurants-2 times per year for CCC and each incubator client=+/- 15 times/year Dept. of Agriculture annual inspection Palm Beach County Health Department annual inspection City of Boynton Beach Annual Fire Inspection Annual Agency Audit Funding Application,Community Caring Center of Greater Boynton Beach,April 19,2018,Page 3 of 11 Accreditation: Guide Star Rating Silver-Seal of Transparency Will be doing Nonprofits First in 2019 Affiliations: Healthier Boynton Beach Boynton Beach Mental Health Committee United Way Hunger Task Force: Senior Hunger Relief Committee Department of Children and Families Community Partner Chamber of Commerce of Greater Boynton Beach South Tech Culinary Academy Section II. PROGRAM/PROJECT INFORMATION 20 Project/Program Title: Secret Garden Cafe Culinary Incubator&Job Training Center 22 If Yes, Time Period: $20,000 21 Prior CRA Funding for Same Project/Program X Yes_No FFY 2014-15 Y 2015-15$50,000 FY 2016-17$70,000 23 Boynton Beach CRA Overall Need Addressed: Economic/Business Development 24 Project/Program is _New or X Existing 25 If Existing,Year Established: FY 2008-09 26 Goal: The Secret Garden Cafe, Culinary Incubator & Job Training Programs have the unified goals of increasing economic activity in the CRA area, diversifying the economy in the CRA area, and improving the personal economic condition of residents in the HOB. We accomplish this in various ways, including: 1. Through our culinary business incubator, which features a fully-licensed commercial kitchen where culinary entrepreneurs can gain access to kitchen facilities at an affordable rate as well as access to a team of business development professionals to help start and stabilize their young enterprises. 2. With access to the Secret Garden Cafe licensed restaurant and retail market for entrepreneurs to serve and sell their products. 3. And by providing job training in the culinary industry, certification through ServSafe certified food handler's course and linking graduates with entrepreneurs and other local businesses for internship work experiences and job placement. 27 Documentation of Need for Project/Program: The Community Caring Center of Greater Boynton Beach shares in the CRA's mission to foster and directly assist in the redevelopment of the Community Redevelopment Area (CRA Area) in order to create an economically sustainable downtown and encourage economic growth, thus improving the quality of life for the residents of Boynton Beach, and the Heart of Boynton, in particular. CCC's Secret Garden Cafe Culinary Incubator and Job Training Center helps to accomplish this mission with activities consistent with the citizens' visions as expressed through various redevelopment plans that have been consolidated into the current CRA Plan. According to the CRA Plan, the entire CRA area is expected to grow considerably by 2035. The current population of 12,000 is projected to grow by 52%, to about 18,2001. It is critical we support programs that directly address the challenging socio-economic conditions of the community. Per capita income is Funding Application,Community Caring Center of Greater Boynton Beach,April 19,2018,Page 4 of 11 $16,044 in some census tracts of the CRA area, less than 1/a that of Palm Beach County as a wholeii. Our program is located in and serves the residents of the CRA area, in particular the HOB neighborhood and the Boynton Beach Boulevard District where there is a great need for business development and economic activity. Educational attainment and income levels are low. Our Job Training participants come from census tracts where more than 20% of adults have not finished high school and where as much as 25% of residents live below the poverty level, 38% are foreign born, 40% speak a language other than English at home and many face great barriers to employmentiii Job training and opportunities for self-employment are critical. And, the incubator businesses provide much needed jobs, as well as contribute to the economic vitality and diversification of the economy within the Boynton Beach Boulevard District, the Downtown District, the HOB neighborhood and beyond. 28 Description: CCC's Economic Development Program serves micro-entrepreneurs and job seekers through our Culinary Business Incubator, retail and restaurant outlets, an urban farming project and vocational training programs. We serve an average of 30 small food businesses and micro-entrepreneurs each year and have generated more than$1 million in incubator gross sales - taking folks from unemployment to self-employment. The Secret Garden Cafe Culinary Incubator works with food entrepreneurs and our Job Training serves residents seeking employment in the food service industries. The culinary incubator assists small food businesses with all aspects of growth, including business classes, kitchen access, and mentorship, within a commercial-grade kitchen and a storefront. We assist entrepreneurs at all stages, from those who are starting from the very beginning and have an idea that they would like to turn into a business, as well as those who need assistance with stabilizing a small business and need assistance with scaling up, marketing, additional licensing, etc. We assist with any food business model including early-stage catering, retail and wholesale food businesses. We help entrepreneurs to create or strengthen their business plans, navigate the intricacies of production, distribution, and comply with regulatory procedures. Many of the businesses we mentored have moved out of the incubator and successfully continued independently. Three are now located within the Boynton CRA area: Hour Cucina, Le Petit Pain, and Grandma's Treasure, currently under construction. Tom's Place, another incubator "graduate' also operated in the HOB neighborhood for 3 years before recently moving to Delray Beach. Six other graduates are independently operating in Palm Beach County though not within the Boynton municipal boundaries: Aldamon Organic Farms (Lake Worth), Cakes by Lara. (Lantana), Andres Sauce (WPB and distributed through Whole Foods), Olde Thyme Kettle Corn (WPB), Sunshine Corporation (WPB), and Banana Nut Heads LLC. (WPB). Two additional businesses have established operations in Broward County: Bridgette's Raw Food & Organic Delights and Edible Spreadable Cafe, both in Ft Lauderdale. Together these businesses have created 40 full- time jobs, and up to 10 part-time and seasonal positions, 23 of these jobs are located within the Boynton CRA area. Our Job Training Programs just began last year with a Certified Food Handler's Course. We have already had nearly 30 graduates, 9 of whom have gone on to our entrepreneurship program; 2 have since found employment with Publix bakeries and CCC has hired 3 part-time to assist with the senior meals program and the Sailfish Cafe. Starting April 23rd, we will be offering continuing courses and students should complete their certification quarterly with the first group certifying by the beginning of July. 29 Target Audience or Persons Served (150/150): 1. Culinary Entrepreneurs and start-ups in Boynton Beach CRA area, with limited financial resources but need business development support. CCC supports 30 culinary entrepreneurs yearly and expects to serve 20 entrepreneurs during this grant period. 2. Low-income residents of Boynton Beach interested in a career in the culinary industry and who require certification to obtain better employment. We have trained 27 certified food handlers in our Funding Application,Community Caring Center of Greater Boynton Beach,April 19,2018,Page 5 of 11 first training year and will train another 20 this grant period. Our first cohort of trainees was all women of Haitian-descent. We realized the need and desire for job training for our Haitian residents. Several continued to our Entrepreneurship program and we found a Haitian Creole-speaking business development trainer with PNC Bank to help with some classes. We don't specifically target Haitian residents with this course,but are now better prepared to serve them, which is important as we expand our job training activities. 30 Innovative or Proven Approach and Justification (maximum 500 words): The U.S. Small Business Administration estimates only 44% of small businesses continue to operate after 4 years.-To nurture companies, incubators provide support that accelerates successful development of startups by providing entrepreneurs with an array of targeted resources and services. The number of incubators in America (all industries) has grown from 12 in 1980 to over 1,000 in 2010 and continues to grow. Specifically, there are currently more than 200 kitchen incubators in the U.S.: 2/ established within the last 6 years. Incubators have the ability to obtain a higher level of success for start-ups. Current rates of survival for graduates of incubators range from 86% to 90%vi within different sectors. In comparison, 50% of small businesses fail within the first year: 95% fail within 5 years.- The rate for restaurants is even higher: up to 60% of new restaurants will shutter within 12 months.viii Costs of starting a food-related business are particularly high, stopping many from entering the market. Entrepreneurs require access to a commercial-grade kitchen, plus appropriate business knowledge for both production and sales of the good, along with any potential startup costs. Likewise, the central benefit of a kitchen incubator program is access to shared commercial kitchen equipment at a more affordable price than purchasing these items up front, which can reach up to $100,000 or more.- The national context is ripe for food-based entrepreneurship, with the$1.8 trillion food industry comprising about 13% of the total economy.- These new businesses-up to 84% - tend to stay local.xi According to the National League of Cities, food incubator programs also increase in gender equity in the industry. In kitchen incubators, more than 1/2 (53%) of all participants are female and almost 1/3 (28%) are minority.xii Locally, since July 2017 alone, employment in food services industries has grown by 4% in Florida and by over 9% in Palm Beach County.xiii Average wages for food services employees in Florida is $12.24, 50% higher than minimum wage.xiv Opportunities for culinary entrepreneurs and food service employees continue to grow. The Secret Garden Cafe Culinary Incubator and Job Training Center is strategically-positioned to contribute to the economic development of Boynton Beach and beyond. 31 Uniqueness, or Justification for Duplication of Similar Area Project/Program: The Secret Garden Cafe is the only culinary business incubator in Palm Beach County and we believe it to have been the 1S1 in the State of Florida, and one of the first culinary incubators in the country. In recent years other culinary incubators have emerged, however, we have been providing support to culinary entrepreneurs since 2008. In addition to traditional business development supports, CCC's fully-licensed commercial kitchen and restaurant offer entrepreneurs affordable access to production facilities, a retail market location and restaurant service opportunities with a per diem kitchen facility rental expense of as low as $100/month for mobile food vendors. CCC also manages multiple catering contracts that we pass on to our entrepreneurs and community vending opportunities at public events and weekend green markets. While the most common goods created by chefs in kitchen incubator programs are baked goods, meals for catered events and food trucks, sauces, and spices or rubs, CCC offers clients much more with restaurant availability and opportunities through the Sailfish Cafe. The commercial kitchen provides real work experience for our job training participants. The two components - Entrepreneurship and Job Training - are complementary economic development initiatives and support one another. Entrepreneurs have an immediate source for food prep staff and our graduates have readily available opportunities for internships, employment, and/or recommendations for other jobs/employers. Job Training participants gain experience in internships Funding Application,Community Caring Center of Greater Boynton Beach,April 19,2018,Page 6 of 11 with our entrepreneurs and by participating in our Senior Caregiving Program preparing hot meals for seniors. 32 Prior Experience with Project/Program or Similar: We have been operating the Secret Garden Culinary Incubator since 2008. We have a highly specialized staff and solid community partners. We are subject to various agency's oversight and compliance, and have had nearly no incidents reported. We initiated the Food Handler's Certification Course last year and have already had 27 graduates of the program. 33 Operating Partnerships: Our Job Training program is funded in part by a grant from the Palm Beach County Community Action Prog am. The partnership agreement (contract) is attached. International Enterprise Development, Inc. provides instructors for our Business Incubator group classes once per week, and also provides one-on-one counseling for incubator clients. They are extremely skilled in working with our entrepreneurs on issues of marketing, branding, and using social media. PNC Bank provides support with financial literacy and business development classes for both our entrepreneurs and Job Training graduates exploring entrepreneurship and other careers in the food industry. Classes include topics such as: Organizational Types, Time Management, Financial Management, Record Keeping, Banking Services, Credit Reporting, Insurance, Selling Your Business and Succession Planning. 34 Implementation Action Plan/Time Line: June - Job Training classes in progress on rolling admissions basis. Culinary incubator clients accepted on a rolling basis. [Sheretta] Taste of Boynton (date TBD) culinary entrepreneur expo opportunity. [Sheretta, Phil&BJ] Prepare PNC Foundation grant proposal for FY2018-19. [Sherry&Grant Writer] July- Sailfish Cafe scheduled to close. To reopen as part of Town Square. [Sherry/CRA] Food Handlers' Certification graduation. [Sheretta, Sherry, BJ, Phil, &Tony] August-Job Fair&Entrepreneur Expo (shows,VIP room and food for vendors & sponsors). [Tony] September-PBC CAP application(Food Prep &CNA). [Sherry&Grant Writer] October- Pirate Fest-entrepreneur expo opportunity. [Sheretta, Sherry, BJ, & Phil] Green Markets (Oct. -April) entrepreneur expo opportunity. [Sheretta, Sherry, BJ, & Phil] November-Caridad Family Day-entrepreneur expo opportunity. [ Sheretta& Sherry] Conduct evaluation&prepare compliance report to Boytnon CRA. [ Sheretta& Sherry] Art in Public Places-ongoing entrepreneur expo opportunity. [Sheretta, Sherry, BJ, & Phil] Monthly Senior Activities-food prep interns & catering contracts for entrepreneurs. [Sherry, Phil] 35 Key Staff and Qualifications: The Secret Garden Cafe Culinary Incubator and Job Training Center is supported by a wildly talented, creative and dedicated staff. Sherr)lohnson, Executive Director has been with CCC for 20 years and has transformed how we serve the community. She has extensive experience in community-based economic development in South Palm Beach County. Before coming to CCC, she worked with the Delray Beach Community Redevelopment Agency, Local Initiatives Support Corporation (LISC), AmeriCorps and others, and has well-established relationships throughout the Boynton Beach community. Sheretta King is our new Incubator Director, but she is no stranger to CCC. Sheretta worked with us as the General Manager and Chef at the Sailfish Cafe when we first opened it in 2016 and was with us until taking a position as a General Manger for Pollo Tropical in West Palm Beach. She will be returning to CCC May 1S1 and brings with her over 10 years of experience in the food and beverage industry with catering, country club events, and restaurant and food market management. Barbaralayne deco,, 1�(ED was a kitchen & restaurant designer for 30 years for commercial and industrial applications, and a caterer for nearly 4 decades. She started her own condiment company, Sassy Palate, in 2013 with support from our culinary incubator and now leads our Job Training Funding Application,Community Caring Center of Greater Boynton Beach,April 19,2018,Page 7 of 11 Program. She also supports culinary incubator clients with business plan development and recipe development. She holds certification in Hazard Analysis Critical Control Point and ServSafe Food Handling, as well being licensed by the State of Florida Department of Health, USDA, and OF/IFAS Florida Food Entrepreneurship/Food Safety. Tony Miller is an award-winning Nursing Home Administrator who has managed large teams in professional environments. His business background has made him the perfect liaison to the business community and he organizes an annual job fair for our Job Training Program graduates and creates networking and business opportunities for our culinary entrepreneurs. Phillip Herman has been with the Secret Garden Cafe and Culinary Incubator for over 10 years. He is a graduate of the NY Culinary Academy and has been a professional chef for over 50 years, including 10 years as a chef in the merchant marines and over 20 years as a line chef for large catering companies in New York and Florida. He provides supervision for the kitchen practicum component of our Food Handler's Certification Course. He facilitates all the kitchen skills trainings and supervises kitchen interns with CCC's social services programs. We have an open part-time position for incubator client tech support for business implementation - meal planning, purveyors, costing meals, and register/sales software set-up. We expect the position to be filled within the next 30 days. 36 Potential Challenges and Strategies to Address Them: Our biggest challenge now is space. Our incubator and social service programs have grown to the point that we cannot provide kitchen shifts to any more incubator clients. Although we can provide business development support, workshops, one-on-one counseling and other supports, not being able to rent the kitchen out means we lose access to program revenues needed to operate the program. We have been working to develop a new site that will allow us to grow our programs again. We have also recognized an opportunity to implement another Job Training Program with the support of Palm Beach County Community Action Plan to conduct a CNA training program. We will be able to train caregivers for our programs and others, as well as train for commercial caregiving services. This new training component will bring in additional revenues for our programs. Section III. FINANCIAL INFORMATION TotT 37 al Organization Budget: 37 Tot,882 Previous FY $740,000 Current FY $837,401 Proposed $1,036,882 38 Project/Program Budget: $292,391 39 Amount Requested: $57,681 40 % of Org Budget: 20% 41 Time Period: Program/Project A: June 1, 2018-December 1, 2018 42 Type(s) of Support Requested: Program Support 43 Other Support/Status and Plans for Sustainability: We currently receive a Palm Beach County Community Action Program grant for the majority of our Job Training program expenses. The grant was renewed this year and we will be reapplying for a new 3-year renewable contract in Fall 2018. They have been very pleased with our program so far and we have discussed expanding it to include other Job Training Programs. We also have an application pending with the PNC Foundation with whom we are working to provide financial literacy classes to both culinary incubator clients and graduates of our Job Training Program. They too have funded us in the past and we are hopeful about their continued support of our program. The Boynton Beach CRA support of the incubator has been absolutely critical in our development to date and we plan to apply for continued funding next fiscal year as part of our sustainability plan. Our incubator clients pay fees to use the shared kitchen facilities and currently we generate about $75,000 each year. We are limited in generating more kitchen usage fees because we have run out of space and cannot accommodate any more incubator client kitchen shifts. We also use the kitchen to prepare our senior meals for our social Funding Application,Community Caring Center of Greater Boynton Beach,April 19,2018,Page 8 of 11 services programs and those programs use the space several times a week rendering them unavailable for incubator clients. When we move into our new Community Caring Center facility, we will hope to prepare senior meals without encroaching on incubator space. We also have identified several sources of funding for both the Incubator and the Job Training Programs including Bank of America Foundation, Wells Fargo Foundation, and the US Economic Development Administration. We also plan to expand our culinary incubator after we move into our new facility and possibly support incubator clients in various locations in the Town Village that is planned. Successful culinary incubator clients will contribute greatly to the economic development of the CRA area and in turn, we expect to see greater support from our stakeholders for our program. Section IV. APPLICATION CHECKLIST A. Cover letter signed by Board President/Chair B. 501(c)(3) IRS Determination Letter, must be classified as tax-exempt at time of application C. Evidence of Good Standing with State of Florida D. Board of Directors list with brief bios E. Policy on Board roles &responsibilities, if applicable Title: Board Member Expectations F. Policy on Board contributions, if applicable Included in Board Member Expectations G. Strategic Plan or other long-term planning document Title: CCCGBB Strategic Plan H. Policy on strategic/long-term planning, if applicable Included in Strategic Plan L Project/Program Model J. Evaluation Plan K. CRA Project/Program Budget Request L. CRA Project/Program Budget Narrative M. Most recent Financial Statement Time Period: July 2017-March 2018 N. Most recent Form 990 or 990 EZ (as applicable) Fiscal Year: FYE 6-30-16 O. Completed Credit Authorization Form P. Most or more recent Independent Financial Compilation, Fiscal Year: FYE 6-30-16, 6-30-17 to be Review, or Audit available May 1, 2018 CAP Contract Q. Affiliation Agreements (if applicable list below): IED Contract PNC List of Classes R. Current Balance Sheet as of 12/31/17 Funding Application,Community Caring Center of Greater Boynton Beach,April 19,2018,Page 9 of 11 Section V. CERTIFICATION STATEMENT AND SIGNATURE CERTIFICATION AND WAfVER OF PRIVACY: 1, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Nonprofit Organization Grant Program, and it is true and complete to the best of my knowledge and belief. I further: certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for /Waking false statements or presenting false inforn-Cation. I further acknowledge that I have react and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Nonprofit Organization Grant Programa Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment.Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the CRA may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach. Community Redevelopment Plan. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to tape photos of myself and business to be used to promote the program. As Chief Executive of the applicant organization I certify that (1) the information provided in this application is correct and complete to the best of my knowledge; (2) 1 am committed to the purpose of the proposed project or program and will work with Board and staff members to accomplish its stated outcomes; and, (3) I will be accountable for compliance with all CRA requirements for operation, evaluation, and reporting. 4I61 Chief Exe gn ` re Date Submitted Sherry lollon. Executive Director Print Name/Title https://incubator.ucf.edu/overview/ Funding!application,Community Caring Center of Greater Boynton Beach(CCC),April 19',2019,Page 10 of 11 Boynton Beach Community Redevelopment Plan ii US Census ACS 2015 Ibid. i°https://incubator.ucf.edu/overview/ "Food-Based Business Incubator Programs' NLC Municipal Action Guide. °i Aernoudt,Rudy. "Incubators:Tool for Entrepreneurship?"Small Business Economics 23.2(2004): 127-35.Web. vii Wallace,David. "Infographic:The Most Tried and Failed Small Businesses."Small Business Trends.N.p.,25 Mar. 2013.Web.2 Jan.2014 °iii Wallace,David. "Infographic:The Most Tried and Failed Small Businesses."Small Business Trends.N.p.,25 Mar. 2013.Web.2 Jan.2014 i-Eater, "What are Food Incubators and Do They Create Viable Businesses?" (Tove Danovich-February 26,2016) X An Equitable Food System:Good for Families,Communities, and the Economy(PolicyLink,2016) xi Aernoudt,Rudy. "Incubators:Tool for Entrepreneurship?"Small Business Economics 23.2(2004): 127-35.Web xii"Food-Based Business Incubator Programs" NLC Municipal Action Guide. xiii Florida Office of Demographic and Economic Research xiv https://www.bls.gov/oes/current/oes_fl.htm#35-0000 Bureau of Labor Stats Occupational Employment Stats.May 2017 State Occupational Employment and Wage Estimates Florida Funding Application,Community Caring Center of Greater Boynton Beach,April 19,2018,Page 11 of 11 own V V �~ rq O V V + 00 + � N n V V No p om -0 c� J s� ;M4 x O p O O O -Col U yV V V V 4J o u O � � � ,LVi � •s O cn � ° O 'n m 75 -00 U wbi O o p p U ON U U m o ft o U o H m 75 v U N o o .,� p O � = C) S c7 Funding Evaluation Plan Boynton Beach Community Redevelopment Agency (CRA) Organization Community Caring Center of Greater Boynton Beach, Inc. Contact Person Rachel Waterman Project/Program Name Secret Garden Cafe Culinary Incubator&Job Training Center Funding Period 6/1/18-12/1/18 PROGRAM/PROJECT Activity#1: Operate a Business Incubator for Culinary Entrepreneurs OUTPUTS/Measurable Indicators + Evaluation Process-Outputs: Who,Tools,When 1. 30 culinary micro-enterprises will Who: Incubator Director,Executive Director, IED participate in business development Business Counselors, PNC Workshop Facilitators. activities Tools: Attendance Lists, Business Licenses, Coaching 2. 4 Entrepreneur showcases &/or community Reports, Participant Enrollment& Income retail events Certification Forms. When: Data entered monthly,reviewed quarterly. Reported annually and more often per various funder requirements. OUTCOMES/Measurable Indicators + Evaluation Process-Outcomes: Who,Tools,When • Establishment and/or expansion of 30 Who: Incubator Director,Executive Director, culinary industries in the CRA area. Development Consultants • 3 Higher paying jobs in the CRA area. Tools: Client database, client follow-up surveys. • Increased economic activity in the CRA area. When: Reported annually and more often per various • Diversified local economy in the CRA area. funder requirements. PROGRAM/PROJECT Activity# 2: Provide Certified Food Handler's Job Training OUTPUTS/Measurable Indicators + Evaluation Process-Outputs: Who,Tools,When 1. 10 Certified Food Handlers, 5 from CRA Who: Job Training Program Coordinator, area. Chef/Kitchen Skills Instructor, Executive Director. 2. 1 Job Fair Tools: Attendance Lists, Licensing Exam, Internship Records, and Participant Enrollment& Income Certification Forms. When: Data entered monthly,reviewed quarterly or with each gradating cohort. Reported annually and more often per various funder requirements. OUTCOMES/Measurable Indicators + Evaluation Process-Outcomes: Who,Tools,When • Increased economic activity in the CRA area. Who: Job Training Program Coordinato„ Executive • 3 Higher paying jobs in the CRA area and/or Director, Development Consultants for people living in the CRA area. Tools: Client database, Client follow-up surveys. When: Reported annually and more often per various funder requirements. Evaluation Plan,Community Caring Center of Greater Boynton Beach,FY 2017-2018,April 19,2018,Page 1 of 3 Narrative response: 1. Describe input, if any, to this Evaluation Plan, or the Project/Program Model(s) on which it is based, from outside consultants, staff, Board, funders, clients, or other organization stakeholders. Our evaluation tools and methods have been designed by staff, clients, and our development consultants, and also incorporate indicators and measures as required by our funders and Board of Directors. 2. Does the organization engage in other evaluation activities and reporting? If so, describe briefly. We also provide program outcomes and compliance reports to Palm Beach County Community Action Program regarding Job Training outcomes. 3. Will any additional cost be incurred to implement this Evaluation Plan? X Yes No If yes, describe specific items and amounts. We have a development consultant that provides us with some evaluation support and it is included in our annual contract. We have been discussing streamlining our evaluation processes and implementing a new system that will better track jobs created, increases in business revenues and participants' income, job attained and maintained, and track services provided. In particular, we are looking at updating our excel database and possibly creating a computer-based data entry form to ensure we are obtaining all the necessary contact and outcome data for each program participant and reduce our analysis time using excel as our tracking sheet has become very bulky. We are budgeting $15,000 for evaluation needs for FY2018-19. 4. If applicable,have additional costs been included in the project/program budget? Yes,we have included a$5,000 allocation toward evaluation activities. 5. Who will be responsible for coordinating the evaluation process and preparing quarterly/annual reports? The Incubator Director will responsible for coordinating the evaluation process and preparing quarterly reports for the Incubator activities and the Job Training Coordinator will responsible for coordinating the evaluation process and preparing quarterly reports for the job training activities. Sherry Johnson, Executive Director with the support of Global Development Solutions, our Development Consultants, will create annual reports and review all grant compliance reports. 6. How will evaluation data be used for internal performance improvement? We monitor data quarterly and address issues as they arise, as able. Evaluation data is reviewed as part of employee evaluations which is done annually or more frequently in the case of new hires or in the event of an improvement plan. Annually, evaluation data is considered regarding program outcomes as part of our annual board meeting which will now also include updates to our strategic plan. 7. Will evaluation data/reports be shared with organization staff? Yes. 8. Will evaluation data/reports be shared with the organization's Board of Directors?Yes. 9. The Boynton Beach CRA requires that evaluation data relative to CRA support be reported quarterly and at the end of the year. Will the data/reports be shared with other funders? Data related to the Job Training Program will be shared with Palm Beach County Community Action Program. Data related to the Incubator may be shared with additional funders as we have applications Evaluation Plan,Community Caring Center of Greater Boynton Beach,FY 2017-2018,April 19,2018,Page 2 of 3 for funding pending. We also plan to do an Agency Annual Report in late 2018 for FY2017-18 and program results will be published in it. 10. Who are other organization stakeholders? Will evaluation data/reports be shared with them? Stakeholders include Palm Beach County Community Action Program, PNC Foundation, and the City of Boynton Beach and data/reports will be reported as required. CERTIFICATION AND WAIVER OF PRIVACY: L the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Nonprofit Organization Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Nonprofit Organization Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the CRA may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. Signatures below indicate approval of and cominitment to this Evaluation Plan and the ProjectlPrograin Model on Ic it is based: Chief hief Ex Si tune Dat Cha'�s ,B of Directors to Sherry Johnson Executive Director Jo ce Portnoy, (D Printed Namefritle Printed Name Attachment. Project/Program Model Evaluation Plan,Conununity Caring Center of Greater Boynton Beach,FY 2017-2018,April 19,2018,Page 3 of 3 N O c-I aJ 0A m O_ a) 0A 7 c0 c O U aJ ca � 41 rio Q �O O O O O O W OO O 0 r� co M O++ LO N I� c 00 Lr� c0 U n ~ L r-I Lr) r-I r� L2 r� C11 U L s 0A O 4 00 U N V M 'O a) a) C LZ .W L L L` tw i o v o a oA O CLL O O O �f r,; m ++ O O O O N O O 0 O Y O N " w vi aJ LL c0 L 6"L O O O m 0 � r-I r-I O O 00 .' 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CL U E LU-- 00 00 O O O LPI N O O M r-1 r14 0 c-I O ON 00 M O to M M Lr Ol M N c I N N N N U N N c-I N Co C O sZ U U V) C C m C x 6) 6) co LL Q C U CL CL co a'.' a) W O C Ln W f6 > C C0 6) U fL6 -O 41 > C N Cao O o a E L E a LE a co > x O E co 6) (L6 LTJ (6 E +�+ Q W O N � L L L o Q +� U +, f6 H U Q s s t D H 0 a ° U 0 0 0 00 O N l0 00 O N � l0 00 O )i l0 I- r- r- 00 00 00 00 00 m Ol R E E 1 V EE"D h Habitat for Humanity' South Pjalm Bead,i (C-o u n 11,"y F30YNII_()'��,,' '8,EAC1JH y April 11, 2018 BOARD OFFICERS Ms. Thuy Shutt Scott Sullivan, Assistant Director Chairman Boynton Beach CRA Rick Howard, 710 North Federal Hwy Immediate Past&Vice Boynton Beach, FL 33435 Chairman Brittney Kocaj, Treasurer&Secretary Dear Ms. Shutt: The Board of Directors of Habitat for Humanity of South Palm Beach County joins me in DIRECTORS sending this request to be considered among the organizations for which the Boynton Beach Jason Aube CRA offers support. This application has been endorsed by a majority vote of the board on Scott Banks February 22, 2018. We understand that the CRA funding is to be utilized in conjunction with programs and operations that are consistent with the CRA's mission and the CRA Plan Eric Bucher for the benefit of the Redevelopment Area. We are committed to assisting the affiliate in Cheryl Budd working to achieve the measurable outcomes identified in the funding application. We thank you in advance for your consideration, and hope you find our request worthwhile. Audrey Grolig Jason Katz We respectfully seek support in the amount of$40,000 toward our comprehensive The Door Eric Lebersfeld to Sustainability program. You will be joining an expanding family of donors that includes foundations, corporations, local, regional and national businesses, as well as generous Joe Martin individuals in helping us to make lasting improvements in the quality of life for the Joseph Meeler communities we serve. Doug Mosley In Boca Raton, Delray Beach, and Boynton Beach, Florida we are providing a hand-up, not Robyn Rapheal-Dynan a hand out, empowering families in need as partners in creating their own, safe, decent Leon Silverstein affordable housing, and building sustainable lives.At Habitat for Humanity of South Palm Beach County, we are not only transforming the lives of families, we are also building strong neighborhoods and collaborating to create cohesive communities. President/CEO The Research: National research shows that children who live in their own homes and Randy Nobles experience stable, safe living environments thrive academically,physically and emotionally compared to those living in less favorable conditions. In a recent McArthur Foundation study, "How Housing Matters" it was determined that poor quality housing is tied to emotional and behavioral problems leading to poor academic performance. The study found that parents' stress from living in poor quality and unstable homes took a toll on children's wellbeing. Researchers found that substandard housing—exposed wiring, peeling lead paint, rodent infestation, and the like—may also contribute to physiological stress in children, inhibiting Visit Our Restores At: 1900 North Federal Highway, Delray Beach, Florida 33483 ® 561-455-4441 112t UAL 0 SN 272 South Dixie Highway, Boca Raton, Florida 33432 ® 561-362-7284 LEN H 0 U E IR their emotional stability and learning. Similarly residential instability interrupts peer and school networks, impeding academic and behavioral success. Our Primary Contact Information: Habitat for Humanity of South Palm Beach County is located at 181 SE 5t"Avenue,Delray Beach, FL 33483. Please do not hesitate to contact us through Madonna Letourneau at 561-819-6070, Ext. 210 or mletourneau(a)hfhboca.org. Our Mission: Seeking to put God's love into action, we bring people together to build homes, community and hope. Our Vision: A world where everyone has a decent place to live. Our History: Since 1976,Habitat for Humanity International has provided affordable home ownership, safety and stability for 6.8 million people. Our own Habitat for Humanity of South Palm Beach County affiliate, established in 1991, has been working toward that same goal for the last 26 years;building 136 homes and revitalizing 151 homes and community assets in partnership with qualified area families,non- profits and government agencies. We are not only a key participant,but also an important convener of conversations that create positive impact in the neighborhoods and communities we serve. The outcomes create an improved quality of life and also instill a precious pride of ownership. The Population We Serve: By empowering families to own and maintain their own homes, we are helping to break the cycle of poverty,providing a pathway that ensures healthy, sustainable lives. National research from the Journal of Urban Economics and a study done by the Federal Reserve Bank of New York reveals that children whose families own their own homes are 19%more likely to attend college and significantly more likely to complete high school. Following is a full breakdown of the people currently served by our FYI programs: • Male: 41.6% • Female: 58.4% • White: 9.7% • Hispanic: 2.7% • African American/Black: 63.7% • Caribbean/Black: 23.9% • Children(0-17): 19.5% • Young Adult(18-24) 8.0% • Adult(25-64) 39.8% • Senior(65+) 32.7% Our Program Components: • New Home Construction: We address the affordable housing crisis in Palm Beach County by building new homes with 3 to 5 bedrooms based on family size. Each home is sold with an interest free mortgage. Families that we work with are true partners in creating their own solutions as they each contribute 400 hours of sweat equity as part of their agreement with us, working on home builds, Neighborhood Revitalization projects and in our ReStores. Through the process, we teach them valuable skills that improve their ability to do home maintenance, integrate them into a community of people who give back, and often increase their opportunities for future employment. • Education: Through education and mentoring, Habitat for Humanity of South Palm Beach County creates the pathway to successful home ownership, exposing our partner families to the empowering knowledge they need to make solid decisions for their families. Partnering with contributing financial institutions,businesses and regional organizations, we provide 100 hours of curriculum including financial literacy, budgeting, insurance&escrow, wills, home maintenance, health/nutrition and parenting. We teach the families we serve to become successful homeowners who are educated to maintain their asset for generations to come. • Neighborhood Revitalization: To assist current homeowners in need who due to low income, illness or age are unable to keep up with needed home repairs, our Neighborhood Revitalization program helps homeowners protect their property values, avoid liens, fines and lapsed insurance.We partner with low- income families by completing needed repairs; our projects often motivate surrounding homeowners and landlords to make improvements of their own, heightening property values in entire neighborhoods, and creating a renewed pride of ownership for all. 1. A Brush with Kindness (ABWK): These smaller revitalization efforts typically involve pressure cleaning, painting, debris removal and yard clean up normally costing up to $2,000. 2. Critical Repairs: These are larger projects such as roof repair or replacement, installation of new hurricane impact windows and doors, and accessibility ramps typically costing $10,000+. • Volunteerism and Giving Back Where We Live and Work: One of our most important priorities is exposing the communities we serve to the need for affordable housing by providing many varied opportunities for volunteers. Contributing in their home communities toward construction, in our Restores or at our offices, our volunteers meaningfully serve our mission. They act as the heart, soul and muscle of our operation as they experience the joy of giving back. Community Partnerships: Habitat for Humanity of South Palm Beach County ensures maximum impact on the communities we serve by building community coalitions(residents,government, churches, hospitals and health care providers,law enforcement,businesses and other nonprofits)through which we collaboratively complete community projects. The Door to Sustainability program has set these FYI goals: 1. Build 4 new homes, to reduce the need for affordable housing in our service area; increase family stability and sustainability; decrease blight and the number of empty lots that often lead to undesirable neighborhood activities, and increase the tax base in the city of Boynton Beach. 2. Complete 6 neighborhood revitalization projects, including A Brush with Kindness and Critical Repairs. The projects will restore older neighborhoods, rejuvenating homes that have fallen into disrepair, and protecting property values for the overall community. Frequently, such repairs assist the families in reinstating lapsed homeowner insurance and removing liens. 3. Track each Partner Family, via our database management tool,to ensure they complete 100 hours of life skills education curriculum and 400 hours of Sweat Equity work. This is a crucial component of our ultimate goal to transition families from renters to knowledgeable homeowners who have been exposed to concepts that increase sustainability and contribute to their employment skills. 4. Engage 1,000 volunteers, tracked via our database management tool, who will work together side by side to promote understanding and self-reliance. 5. Partner with a minimum of 10 volunteer groups representing organizations,non-profits, churches, and agencies to achieve home-building and neighborhood revitalization goals, while exposing partners to the regional need for affordable housing and providing them with the benefits of community engagement and the joy of giving back. 6. Engage a minimum of 10 businesses in Team Builds with donations totaling a minimum of$10,000 while involving each group's participants in social enterprise and providing the value of community engagement. Some of Our Current Supporters: • Bank of America Charitable Foundation • Batchelor Foundation • EverBank • Farris Foundation • Florida Peninsula Insurance Company • Ford Motor Company • Home Depot Foundation • The Lattner Family Foundation • Libra Foundation • Lowe's • MacArthur Foundation/Community Foundation of Palm Beach&Martin Counties • Publix Supermarkets Charities • Schmidt Family Foundation • Sklar Furnishings • State Farm Insurance • Wells Fargo Foundation Our Sustainability Model: Habitat for Humanity of South Palm Beach County follows the Habitat for Humanity International profile: • Mortgage payments and repayments of home revitalization loans go into the Fund for Humanity to fund new homes and repairs for future Habitat families. • Our 2 ReStores contribute more than $400K toward our mission annually by repurposing building supplies and household items for sale to the public. In addition to providing useful goods for the community at very affordable prices,the ReStores also keep more than 2 million tons of waste from our landfills annually. Our Administrative Costs: In FYI 7, 84.8%of our income directly supported our mission, and 15.2% was used toward administration,with 10.5%going to fundraising costs, and 4.7%going to management and general expenses. Please know how much we appreciate your consideration of our request for funding. Respectfully, #-- Scott Sullivan Board Chairman Application for Funding - Nonprofit Partner Boynton Beach Community Redevelopment Agency The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the CRA to any third party. The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the CRA to award grant funding. Section I. ORGANIZATION N INFO ATI N 1 Organization Legal Name: Habitat for Humanity International dba, if applicable:Habitat for Humanity of South Palm Beach County 2 Address: 181 SE 5th Avenue Delray Beach,FL 33483 s Telephone: 561-819-6070 4 Fax:561-819-0173 5 Website:www.habitatsouthpalmbeach.org 6 Mission Statement: Seeking to put God's love into action,we bring people together to build homes, communities and hope. Our vision is a world where everyone has a decent place to live. We build strength, stability and self-reliance through shelter. 7 Executive Leader: Randy Nobles-President&CEO 8 Application Contact: Madonna Letourneau 9 Title:Director-Grants&Administration io Contact Telephone:561-819-6070 X210 11 Email:mletourneau@hfhboca.org 12 Year Established,Organization.History and Growth(maximum 1,000 words): At Habitat for Humanity of South Palm Beach County(HFHSPBC),we are committed to our mission of improving the quality of life in the Boynton Beach,Delray Beach and Boca Raton communities, and to empowering the future homeowner families who partner with us to build or repair their homes. Our goal is to provide a full range of resources for our homeowner families,giving them the hand-up, not a hand-out,they need to lead sustainable lives, and to be good parents, good neighbors and good citizens. Founded in 1991,HFHSPBC has built 136 homes and completed 161 Neighborhood Revitalization Projects in the South Palm Beach County cities of Boca Raton,Delray Beach&Boynton Beach. This achievement has been shared by thousands of volunteers who have supported our work in order to Funding Application,HFHSPBC,04-19-18,Page 1 of 20 help build and repair homes for area families in need. Our affiliate's roots began in Boca Raton but quickly expanded north to Delray Beach and Boynton Beach. The majority of our recent new home projects have been completed in Boynton Beach because of our strong partnerships with city agencies.HFHSPBC built its first home in Boynton Beach in 1999 and completed two or more homes in the city almost every year since. In 2018,we plan to complete 10 homes in Boynton Beach, surpassing our achievement of 7 homes built in 2010. One of the key multi-year projects we completed in Boynton Beach was Ocean Breeze West—A Collaborative Community project including twenty-one mixed income single-family homes. HFHSPBC managed the project in partnership with the City of Boynton Beach, Boynton Beach CRA and the Faith-based CDC. Ground broke in January 2012, and the final house was finished in December 2014. Originally granted 11 home lots,HFHSPBC was ultimately able to build a total of 16 homes. ✓ r The Ocean Breeze West project was crucially important for the blight removal that resulted, a much needed solution to the destruction left behind at the Boynton Terrace public housing site decimated by the 2004 hurricanes. The Ocean Breeze West project created low income and workforce housing in the Heart of Boynton, predominately composed of African American and Caribbean families with a median income of$27,100. Our work upgraded the Heart of Boynton by adding new homes and building partnerships with faith- based and civic organizations, schools and city agencies. Families who could not have purchase a home through traditional avenues became homeowners with 0%rate mortgages based on their incomes, allowing them the leeway to invest in health insurance,education and transportation. The cycle of poverty can be broken only when families receive the knowledge and tools they need along with the support of their community,encouraging them to take the necessary steps to grow and improve their lives. HFHSPBC recognizes the tremendous impact housing has on families' quality of life and their ability to establish long-lasting relationships within the community. The project avoided gentrification and displacement of existing residents. To date,we have constructed 67 new homes in Boynton Beach. We are completing our third home in the Model Block project that aims to transform an area plagued by blight and crime into a safe neighborhood for families. HFHSPBC is pursuing additional lots in this 11 home to continue to aid in this transformation. Complementing our new home construction,we also complete home repair and community asset repair projects that revitalize the whole community. Projects assist current homeowners in need,who due to low income, illness or age are unable to keep up with needed repairs. Our Neighborhood Revitalization(NR) program helps homeowners protect property values, avoid liens, fines and lapsed insurance. Low income families partner with us to complete needed home repairs.These projects often motivate surrounding homeowners and landlords to make improvements of their own,heightening property values in entire neighborhoods,and creating a renewed pride of ownership for all. 1. A Brush with Kindness (ABWK): These smaller revitalization efforts typically involve Funding Application,FIFHSPBC,04-19-18,Page 2 of 20 pressure cleaning, painting, debris removal and yard clean up normally costing up to$2,500. 2. Critical Repairs: These are larger projects such as roof repair or replacement,installation of new hurricane impact windows, doors, and accessibility ramps. Such projects typically cost$10,000+. Over half of the 161 NR projects we have completed to date are in Boynton Beach. Some of the key Boynton Beach community assets we have improved are Vetsville, the Community Garden and the Boys and Girls Club. A unique aspect of our program is the requirement that our families become working partners who roll up their sleeves and participate in building homes and volunteering at the ReStores. Each partner family purchasing a new home is required to contribute 400 Sweat Equity hours of volunteer work, building an investment in their own outcomes. The families are welcomed into our vast volunteer network that is working each day to strengthen the communities we serve, contributing to the quality of life in Boynton Beach,Delray Beach and Boca Raton. At HFHSPBC,we are not only changing lives,we are transforming them,creating an impact that will positively influence the stability and sustainability of the next generation. Nearly percent of those we serve are children. As the lives of their families are transformed, we are creating a foundation that will help catapult the next generation out of poverty. In addition to the expected outcomes for partner families, we will also increase our annual volunteer base from 2600 to 2800 this fiscal year. Our volunteers gain civic pride,self-esteem,job skills and potential employment, as they become committed advocates for HFHSPBC. Through shelter we build strength, stability and self-reliance. 13 Description/Programs (maximum 1,000 words): The vision that became today's Habitat for Humanity grew from the fertile soil of Koinonia Farm, a community settlement outside of Americus, Georgia, founded by farmer and biblical scholar Clarence Jordan. On the farm, Jordan and Habitat's eventual founders, Millard and Linda Fuller, developed the concept of "partnership housing." The concept centered on those in need of adequate shelter working side by side with volunteers to build decent, affordable homes. The plan called for houses to be built at no profit. New homeowners' house payments would be combined with no- interest loans provided by supporters and money earned by fundraising projects to create "The Fund for Humanity," which would then be used to build more homes. Beau and Emma were the owners of the first home built by Koinonia's Partnership Housing Program. They and their five children moved into a concrete-block home with a modern kitchen, indoor bathroom and heating system, replacing the unpainted, uninsulated shack with no plumbing where they had previously lived. In 1973, the Fullers decided to take the Fund for Humanity concept to Zaire, now the Democratic Republic of Congo. After three years of hard work to launch a successful house building program there, the Fullers then returned to the United States and called together a group of supporters to discuss the next step in the realization of their dream: Habitat for Humanity International, Funding Application,HFHSPBC,04-19-18,Page 3 of 20 founded in 1976. The transformative change that Beau and Emma's family experienced is now shared by families who partner with us to build or revitalize their homes. Thanks in no small part to the personal involvement of U.S. President Jimmy Carter and his wife Rosalynn, Habitat now works in nearly 1,400 communities across the U.S. and in 70 countries worldwide. Through Habitat, 9.8 million people have achieved strength, stability and independence through safe, decent and affordable shelter. Founded on the vision of creating a world where everyone has a decent place to live, our mission is to put God's love into action,we bring people together to build homes, communities and hope. Our affiliate is comprised of the following departments: 1. Construction: We address the affordable housing crisis in South Palm Beach County by building new homes with low income families. Our construction team has a paid staff of seven with a director,coordinator, administrator, two superintendents and two assistant superintendents. The staff engages heavily with volunteers including highly trained ones that serve as team leaders. In 2011, we began Neighborhood Revitalization work partnering with homeowners who needed repair work on their property that they were unable to complete.We use traditional Habitat guidelines so each family pays a portion of the repair cost, with their payments going into the Fund for Humanity to build new or repair other existing homes,frequently restoring homeowner insurance or removing liens and fines. We offer loans at zero interest for Critical Repairs. Homeowner families must contribute sweat equity hours or provide water and snacks if the project is outsourced to a construction vendor.We have added an education component to our Neighborhood Revitalization program as well. Some repairs are also completed on community assets like the Boys and Girls Club and the V lagro Center. We categorize the projects: A. A Brush with Kindness(ABWK): Smaller revitalization efforts typically involving pressure cleaning, painting, debris removal,yard clean up and landscaping. B. Critical Repairs: Larger projects including roof repair or replacement, installation of new hurricane impact windows and doors, and accessibility ramps. 2. Family Services: Our family service department has a director and a coordinator who handle the complete program process: A. Applications-Based on HFHI principals of need, ability to pay and willingness to partner with Habitat,homeowners fill out an application which includes family situation, work history, and financial data. B. Education—HFHSPBC provides 100 hours of curriculum including financial literacy,budgeting, insurance&escrow, wills, home maintenance,health/nutrition and parenting.We teach our families to become successful homeowners, educated to maintain their asset for future generations. C. Sweat equity—Habitat provides a hand up not a hand out. Families we work with are true partners in creating their own solutions as they each contribute 400 hours of sweat equity as part of their agreement with us, working on home builds,repair projects and in our ReStores. We teach families valuable skills improving their ability to do home maintenance, integrate them into a Funding Application,HFHSPBC,04-19-18,Page 4 of 20 community of people who give back, and often increasing their opportunities for future employment. D. Mortgages- Each home is sold with an interest free mortgage 3. Volunteer Engagement:Our coordinator exposes the communities we serve to the need for affordable housing by providing many opportunities for volunteers. Contributing in their home communities toward construction and repair,in our ReStores or at our offices, our volunteers act as the heart, soul and muscle of our mission as they experience the joy of giving back. 4. Government&Community Affairs: HFHSPBC ensures maximum impact on the communities we serve by building community coalitions (residents,government agencies, faith based and civic organizations,hospitals and health care providers,law enforcement,businesses,schools, and other nonprofits)through which we collaboratively complete community projects. ReStores:The Habitat model uses ReStores to repurpose building materials and household goods donated to us to sell to the public. These profits are a source of funds to our mission while keeping tons of materials out of local landfills. We currently operate two ReStores with a staff of 22 full time and S part time employees. Administration:This group would include our CEO, CFO& CDO along with a few other staff members. This is the financial,fundraising and planning portion of our team. 14 Long Term/Strategic Planning Process&Status of Current Plan(attach Plan) (maximum 500 words): Habitat for Humanity International sets the overall goals and priorities for Habitat affiliates across the nation. HFH3PBC aligns vv ith f1FHI by developing and implementing local strategic approaches consistent with and supportive of HFHI global strategic plan goals and objectives. By aligning with the one global strategic plan, we strengthen our ability to deepen our collective impact to exponentially serve more families while recognizing the diverse contexts in which we work. Through alignment,we become a unified global family with local relevance. HFHI has established catalytic strategic initiatives to help define the global strategic plan and support HFHSPBC to achieve the 2020 Strategic Plan goals and objectives. All HFHI divisions used the situation analysis to define, prioritize and budget for their implementation plan with division approaches& objectives (both long-term and annual)that contribute to implementing the global strategic plan. HFHSPBC works with national organizations, other affiliates and our state of Florida support organizations to assess our situation analysis to align our approaches and targets with the framework of the global strategic plan. Working with strategic direction from HFHI, support from the state support organization our affiliate can achieve more of our goals. To expand HFHSPBC's impact, we implement at least one global objective from HFHI's direction and the needs of the communities we serve. HFHSPBC strengthens our ability to unify behind one global plan and deliver consistent messages by not adding new objectives. Customizing our local approaches and targets aligned with the global strategic plan objectives strengthens our relationships with funders both national and local. Funding application,HFHSPBC,04-19-18,Page 5 of 20 HFHSPBC's current plan was developed by the affiliate in 2015 under the prior president and management team. Over the past 18 months while a new management team has been assembled and the board membership increased, the plan has remained unchanged. Over the next 18 months, we will review the document and update as needed to adapt to needed changes for our service area. 15 Board Roles&Responsibilities(maximum 500 words): Our board members provide foresight, oversight and insight for the affiliate. Board members are the fiduciaries who guide our affiliate towards a sustainable future by adopting sound, ethical, and legal policies. They are also responsible for making sure the affiliate advances the mission of affordable housing in South Palm Beach County. Additionally,they are responsible for hiring the President&CEO to run the day-to-day management activities of the affiliate. They may also be asked to weigh in on key roles like those of Chief Finance Officer and Chief Development Officer. Our board members are key fundraisers, promoters and advocates for our mission. In addition to attending monthly board meetings,each board member is expected to serve on at least one committee that would generally meet monthly for an hour. Board members are expected to sponsor and attend special events through the year and work on our fundraising initiatives by contributing, recruiting, campaigners, asking for donations, introducing and thanking others. All boards have a responsibility to articulate prerequisites for candidates, orient new members, and periodically and comprehensively evaluate their own performance. Just as for any corporation,the board of directors has three primary legal duties known as the "duty of care," "duty of loyalty," and "duty of obedience." Duty of Care: Take care of HFHSPBC by ensuring prudent use of all assets, including facility,people, and good will, Duty of Loyalty: Ensure that HFHSPBC's activities and transactions are, first and foremost, advancing its mission;Recognize and disclose conflicts of interest;Make decisions that are in the best interest of the nonprofit;not in the best interest of the individual board member or any other individual or for- profit entity. Duty of Obedience: Ensure that the affiliate obeys applicable laws and regulations;follows its own bylaws,and that HFHSPBC adheres to both its stated purposes/mission as well as HFHI. Board members also have the opportunity to participate in local,regional and international conferences. Attend annual Join Board orientation and annual board strategic planning retreats. We ask board members to serve because they have an immediate and lasting impact. They will gain expertise on complex issues and build valuable relationships and networks. We believe that the only way they will grow as a leader through experience. The full board meets monthly has the following committees meeting monthly and reporting back to the full board: Funding Application,HFHSPBC,04-19-18,Page 6 of 20 Executive Committee Finance Committee Governance Committee Restore Committee Development Committee New committees in process are Family Selection Committee, Construction Committee, and Neighborhood Revitalization Committee. 16 Policy on Board Contributions (maximum 250 words): The following statements are part of the HFHSPBC Board Application and the Expectations of a Board Member 1. I understand I have an active role in fundraising for the organization;along with my fellow board members I accept the responsibility of meeting the Annual Campaign goal and other fundraising initiatives established by the organization. 2. I agree to give annually what is for me a substantial financial donation. The minimum acceptable leadership gift is$1,500 in the first year with increased increments thereafter. 3. Recognizing that outside donations are critical to Habitat for Humanity's mission and that talking about Habitat for Humanity to potential donors spreads knowledge of our programs and mission, I will secure at least three outside donations annually with a minimum combined value of$7,500. 4. I will also endeavor to support and be an advocate for our HFHSPBC Restores. This includes making and securing donations,harvests and community drives. 5. I will take an active part in the success of Habitat for Humanity special events. This can take the form of committee membership,underwriting, purchasing tickets, or other meaningful contributions.As well,I will endeavor to participate in Roof Raisings, Dedications and other events specific to the Habitat for Humanity mission. 17 For current fiscal year,number of Board Members contributing: 15 Cash donations 15 Donations raised from others 15 Volunteer hours 9 In-kind donations 18 For current fiscal year, amount/value of Board member contributions: $119,559 Cash donations $62,850 Donations raised from others 374 x 24.14=$9,028 Volunteer hours $20,000 In-kind donations 19 C versight/Accreditation/Affiliation: Habitat for Humanity International-Habitat for Humanity affiliates are local Habitat for Humanity organizations that act in partnership with and on behalf of Habitat for Humanity Funding Application,HFHSPBC,04-19-18,Page 7 of 20 International. Each Habitat affiliate coordinates all aspects of Habitat home building in its local area. This includes fundraising, land acquisition, family selection and rnortgages. Section II. PROGRAM/PROJECT INFORMATION' 20 Project/Program Title: The Door to Sustainability 21 Prior CRA Funding for Same Project/Program Yes X No 22 If Yes, Tirne Period: 23 Boynton Beach CRA Overall Need Addressed: Affordable&Workforce Housing/Removal of Slum &Blighty 24 Project/Program is X New or_Existing 25 If Existing,Year Established: 26 Goal(maximum 150 words): The Door to Sustainability will reduce the need for affordable housing in Boynton Beach;increase family stability and financial viability; decrease blight and the number of empty lots, and increase the Boynton Beach tax base. We will restore older neighborhoods, rejuvenating homes needing repair, and protecting property values, often facilitating reinstatement of lapsed insurance and removing liens. Our partner families are required to complete 100 hours of life skills education curriculum and 400 hours of Sweat Equity toward our goal of transitioning families from renters to homeowners who understand concepts that increase sustainability and contribute to life skills. 1000 volunteers from faith-based and civic organizations, and schools will work together for positive change.Regional company employees in our corporate Team Build program will join in. Together, they will achieve homebuilding and repair goals,become affordable housing advocates, and experience the joy of giving back. 27 Documentation of Need for Project/Program(maximum 1,000 words): Significant need for new housing,housing repair and neighborhood collaboration in the Heart of Boynton is clearly demonstrable. Habitat seeks funds to build 4 new homes, repair b existing owner- occupied homes, facilitate a neighborhood clean-up project, and conduct education workshops open to all residents of the Heart of Boynton neighborhood. The Heart of Boynton Community Redevelopment Plan Update (April 2014) included CRA's historical reporting of"blighted" conditions and a shortage of affordable housing for low and moderate-income families in the downtown redevelopment areas.The City originally declared the area blighted in May 1982 and confirmed reports in 1987, and again in 2001 with the development of the HOB plan. Key issues in the designated downtown area were noted as: 1. Areas of high crime and unappealing aesthetics(Cherry Hill and Boynton Terrace) 2. Loitering and crime activities associated with several small businesses 3. Large number of small vacant parcels—land assembly required for redevelopment The study also noted the need for these Neighborhood Revitalization improvements: 1. Establishment of neighborhood associations for effective leadership. 2. Enhancement of neighborhood identity through signage,landscaping and streetscape beautification Funding Application,HPHSPBC,04-19-18,Page 8 of 20 The report further noted the decrease in housing units in the Heart of Boynton due to demolition of public housing and severe deferred maintenance needs of existing properties.The report underscores a need to accommodate additional housing with diverse choices to encourage the mix of incomes necessary to attract and support businesses that residents want and need, such as a grocery store. According to a 2012 report, estimates of homeownership in the area were just 47.6 percent, with more than half of area renters expending 50% or more of their incomes on housing. According to the City of Boynton Beach Housing Assessment Study (March 2017), there was little new f home activity in Boynton Beach during 2016, as the city saw 23 annual starts and 20 annual closings in 2016, a 12% decrease in starts and an 84% decrease in closings year over year, the lowest level of annual starts since 41h quarter 2011. Many for-sale units have become rentals over the past few years. Habitat's outcomes here in the US and around the world prove that home ownership and home maintenance can change the family trajectory for generations,helping to end intergenerational poverty and freeing up income to be spent on health insurance, education,transportation and other necessities.All of these outcomes lead to a more sustainable future for families. New housing is desirable due to its superior energy efficiency and hurricane protection. Monthly energy, insurance and maintenance costs for older homes represent a significant portion of a modest household's monthly budget. Commonly, older resale homes are the only homes the first-time, low- income buyer can afford, and they frequently require significant work due to extensive deferred maintenance issues. Habitat assists partner families by offering zero percent mortgages as well as financial and home maintenance education to ensure they are well equipped for sustainability. According to the 2017 study,the strongest household income growth is under$50K and the second strongest is at the$50K-$100K level. The study recommends the City seek additional collaborative opportunities with Boynton Beach CDC, Habitat and similar organizations to meet the needs of first time/low and moderate-income families. Habitat is building homes for low to moderate-income households to meet these needs. Reflecting at a slightly lower level the large disparity between Palm Beach County's median($58,675) and average income ($83,517), Boynton Beach reflects a median income of$47,850 vs. an average of $66,680 confirming that modestly priced homes must be made available in order for prospective buyers to establish ownership in Boynton Beach. The Heart of Boynton neighborhood reflects a lower income than that of Boynton Beach overall, median($41,846) vs. average($63,970), and is more racially diverse than Boynton Beach overall(W— 56.1%,B—40.5%). The area is experiencing the fastest growth rate in the city, 13.1% of the Census Blocks. With the lowest educational attainment in city and the highest rate of No High School Diploma (13%), there is a dire need for affordable housing. Since the completion of Ocean Breeze West,HFHSPBC has worked diligently to continue building in Boynton Beach, on the Model Block, as land is available, and also in other fill lots throughout the southeast part of the city. Four homes were completed in FYI 7, and we are on track to meet our goal of 10 homes in FY18. Habitat is eager to help the city meet its affordable housing targets in order to Funding Application,HFHSPBC,04-19-18,Page 9 of 20 attract needed business to the MILK Commercial Center; Town Square and expansion of the downtown CBD;Federal Highway Corridor, and commuter service/Downtown Transit-Oriented Development District now underway. With many empty lots in the city, and the Heart of Boynton specifically,the time is right to make a concerted effort to increase affordable housing,reduce blight and crime, and increase the tax rolls. HFHSPBC is prepared assist Boynton Beach in achieving these goals as well as to boosting neighborhood pride and solidarity, and building a financially healthy Boynton Beach. 28 Description(maximum 500 words): Our Program Components: New Home Construction:We address the affordable housing crisis in Boynton Beach by building new homes with 3 to 5 bedrooms based on family size. Each home is sold with an interest free mortgage. Families that we work with are true partners in creating their own solutions as they each contribute 400 hours of sweat equity as part of their agreement with us. Farnilies work on home builds, Neighborhood Revitalization projects and in our ReStores. Through the process, we teach families valuable skills that improve their ability to do home maintenance, integrate them into a community of people who give back, and often increase their opportunities for future employment. • Education: Through education and mentoring,HFHSPBC creates the pathway to successful homew onership, exposing our partner families to empowering knowledge. Partnering with contributing businesses and regional organizations,we provide a 100 hour curriculum including financial literacy-, budgeting,insurance &escrow,wills,home maintenance,health/nutrition and parenting. We teach families ive serve to become successful homeowners, educated to maintain their asset for future generations. • Neighborhood Revitalization: Assisting homeowners in need who due to low income,illness or age are unable to keep up with needed repairs, our Neighborhood Revitalization program helps homeowners protect property values, avoid liens,fines and lapsed insurance. We partner with low income families by completing repairs.Projects often motivate surrounding homeowners and landlords to make improvements of their own,heightening property values in entire neighborhoods, and creating a renewed sense of neighborhood pride. 1. A Brush with Kindness (ABWK):Smaller revitalization efforts involve pressure cleaning, painting, debris removal and yard clean up costing up to$2,000. 2. Critical Repairs: Larger projects such as roof repair or replacement, installation of new hurricane impact windows and doors, and accessibility ramps costing$10,000+. • Volunteerism and Giving Back Where We Live and Work:We expose our communities to the need for affordable housing by providing varied opportunities for volunteers.Contributing in their home communities toward construction,in our ReStores or at our offices, our volunteers act as the heart, soul and muscle of our operation. • Community Partnerships: HFHSPBC ensures maximum impact by building community coalitions (residents, government, churches,hospitals and health care providers, law enforcement,businesses and other nonprofits)through which we collaboratively complete community projects. 29 Target Audience or persons Served (maximum 150 words): The Population We Serve:Families we serve earn 80%of AMI or lower.Area average rent for a two- bedroom is$1,530, according to Reinhold P.Wolff Economic Research(April 11, 2016) leaving little monthly income for health expenses, insurance, transportation, clothing, education or other basic necessities. Funding Application,HFHSPBC,04-19-18,Page 10 of 20 By empowering families to own and maintain their own homes,we help to break the cycle of poverty, helping ensure healthy, sustainable lives. The Journal of Urban Economics and the Federal Reserve Bank of NY research reveals children whose families own their homes are 19°o more likely to attend college and significantly more likely to complete high school. Service Breakdown for FY17: Male: 41.6% Female: 58.4% White: 9.7% Hispanic: 2.7% African American/Black: 63.7% Caribbean/Black: 23.9% Children(0-17): 19.5% Young Adult(18-24) 8.0% Adult(25-64) 39.8% Senior(65+) 32.7% 3o Innovative or Proven Approach and Justification(maximum 500 words): Habitat for Humanity International has been in operation for over 40 years, providing homes, community and hope for families in need around the world. Our affiliate, Habitat for Humanity of South Palm Beach County, has been partnering with families in need from the communities of Boynton Beach, Delray Beach and Boca Raton, Florida for 27 years, and to date has built 136 homes and completed 161 neighborhood revitalization projects. Our proven track record of educating families in their transition from renting to successful home-ownership spans over a quarter-century. Our history demonstrates that the families who partner with us become self-reliant, sustainable homeowners. The education and the interest-free mortgages we provide families empower them to journey out of poverty and into financial security. National research shows that children who live in their own homes and experience stable, safe living environments thrive academically,physically and emotionally compared to those living in less favorable conditions.In a recent McArthur Foundation study, "How Housing Matters"it was determined that poor quality housing is tied to emotional and behavioral problems leading to poor academic performance. The study found that parents' stress from living in poor quality and unstable homes took a toll on children's wellbeing. Conversely, children living in their own stable homes are 19%more likely to attend college, and significantly more likely to graduate from high school. Through our work, we have established solid, lasting relationships with both national organizations for grants and gifts as well as local companies for team builds.The operation of our 3 Restores contributes over$400k annually in income to cover our overhead. In over 26 years and 136 homes built,we have experienced only 2 foreclosures. Habitat for Humanity International's foreclosure rate is just 2%compared to over 10%for the U.S. at large. 31 Uniqueness, or Justification for Duplication of Similar Area Project/Program(maximum 250 words): Currently there is very little building of new homes in The Heart of Boynton. HFHSPBC is one of the Funding Application,HFHSPBC,04-19-18,Page 11 of 20 largest single family home builder in Boynton Beach especially serving low income families. We are on plan to complete our 101h home for this fiscal year. We have been partners with the city, the CRA and the Faith Based Community Development Corporation on the Ocean Breeze West project and currently working on the Model Block. HFHSPBC has been able to secure additional land and funding to continue building on other projects where others have struggled to complete construction on a given timetable, and/or raise sufficient funds to reach a successful conclusion. Additionally, we are partnering with existing home owners to complete repairs that adds additional stability to the neighborhood. HFHSPBC will continue take the lead due to its solid funding and expansive infrastructure to facilitate neighborhood projects within given timeframes, and with the required funding securely in place. 32 Prior Experience with Project/Program or Similar(maximum 250 words): The Door to Sustainability project includes two villas housing 4 families;6 home revitalization projects; 1 neighborhood cleanup project;our accompanying family education program to ensure sustainability and financial viability, and our usual community volunteer efforts that involve and engage dozens of people who learn about the importance of affordable housing as they work with us. Past experience includes the 16 homes we completed at Boynton Beach's Ocean Breeze West, a collaborative community project including twenty-one mixed income single-family homes. HFHSPBC managed the project in partnership with the City of Boynton Beach,Boynton Beach CRA and the Faith-based CDC. Ground broke in January 2012, and the final house was finished in December 2014. Originally granted 6 home lots,HFHSPBC was ultimately able to build a total of 16 homes. Additionally, in 2018 alone we have already completed 8 homes and plan to finish 2 more before fiscal year-end. We have already also finished dozens of home repair projects in Boynton Beach this year. 33 Operating Partnerships (maximum 500 words): HFHSPBC maintains several relationships that are key strengths in sustaining and growing our home- building and neighborhood revitalization goals. 1. Our partnerships with the City of Boynton Beach and the Boynton Beach CRA facilitate the acquisition of land for home lots in Boynton Beach at no cost or below market cost. 2. Cappeller Law and Florida Title work with us to provide legal services and home closing work at no cost or at reduced rates. HFHSPBC is able to process and holds its mortgages with mortgage payments going to our Fund for Humanity,paid forward for new families' future home builds or home repair projects. 3. Many area companies partner with us to provide needed home-building products as Gift-in- Kind or at a reduced cost. Many participate in most of our home building projects: a. Peterson Industries: shower doors and mirrors b. Jarden Consumer Solutions: a suite of small home appliances c. Professional Supplies:irrigation parts d. Sunflower Landscaping: trees, shrubs,plants e. Universal Blinds:household blinds f. Valspar:paint g. Whirlpool Appliances: a suite of large home appliances h. Lawson Industry:windows Funding Application,HFHSPBC,04-19-18,Page 12 of 20 4. Crucial partners in supplying gifts and grants are regional and national corporations and foundations Some key funders are: a. Home Depot b. Lowes c. Bank of America d. Everbank e. Lost Tree Foundation f. Publix g. Wells Fargo Foundation ['-L, Libra Foundation i. Lattner Family Foundation ` J Community Foundation of Palm Beach&Martin County 5. Our hundreds of volunteers are among our most important partners as they assist our paid construction staff in all facets of our construction and repair operation.We also depend on volunteers to help repurpose items through our 3 Restores and assist in our affiliate office. Students often fulfill their community service obligations through their work with us. Our volunteer partners are among the strongest community advocates for affordable housing. 6. Area Businesses partner by funding and participating in corporate Team Builds,helping us complete homes while providing a meaningful opportunity for employees to experience the community engagement and the joy of giving back. 34 Implementation Action Plan/Time Line: Timeline: a. June 2018 i. Break Ground on 1St Villa—1118& 1120 NE 2nd Street b. July 2018 L i. Permit on 2nd Villa—123& 127 NE 12t1,Ave ii. Neighborhood/HOA Assessment iii. Develop Evaluation Tools iv. Repairs Applications c. August 2018 i. Break Ground- 123 & 127 NE 1211,Ave ii. Neighborhood/HOA Assessment iii. Meetings with Community Partners (Police,Fire, Chamber of Commerce, CRA, Churches, Local Businesses&Nonprofits) iv. Repair Applications p d. September 2018 i. Dried In—Roof, Windows,Doors-- 1118& 1120 NE 2nd Street ii. Meetings with Community Partners (Police,Fire, Chamber of Commerce, CRA, Churches, Local Businesses &Nonprofits) iii. Neighborhood Kick-off Party iv. Homeowner&Home Maintenance Workshops v. Repair Applications vi. ABWK Repair Project Funding Application,HFHSPBC,04-19-18,Page 13 of 20 I e. October 2018 is MEP-1118 & 1120 NE 2nd Street ii. Homeowner&Home Maintenance Workshops iii. Repair Applications iv. ABWK Repair Project 1', November 2018 I i. CO-1118 & 1120 NE 2nd Street ii. Homeowner Dedication-1118& 1120 NE 2nd Street iii. Dried In-Roof,Windows, Doors-123& 127 NE 12th Ave iv. Homeowner&Horne Maintenance Workshops v. Veteran's Day Event vi. ABWK Repair Project vii. Repair Applications g. December 2018 i. MEP-123& 127 NE 12th Ave ii. Home Closing-1118& 1120 NE 2nd Street iii. ABWK Repair Project iv. Repair Applications h. January 2019 i. CO-123 & 127 NE 1211,Ave ii. Homeowner Dedication-123& 127 NE 121h Ave iii. Homeowner&Horne Maintenance Workshops iv. Critical Repair Project v. ABWK Repair Project vi. Repair Applications February 2019 L Home Closing-123 & 127 NE 12th Ave I ii. Homeowner&Home Maintenance Workshops iii. Paint-a-thon iv. ABWK Repair Project v. Repair Applications j� March 2019 i. Homeowner&Home Maintenance Workshops ii. Great American Clean Up iii. ABWK Repair Project iv. Repair Applications k. April 2019 i. Homeowner&Home Maintenance Workshops ii. Earth Day Event iii. ABWK Repair Project iv. Repair Applications L May 2019 Funding Application,HFHSPBC,04-19-18,Page 14 of 20 i. Neighborhood Celebration ii. Assessment by Neighborhood (Homeowners,Landlords, Renters) iii. Assessment by Community Partners m. June 2019 i. Assessment by Neighborhood (Homeowners,Landlords, Renters) H. Assessment by Community Partners 35 Key Staff and Qualifications (maximum 500 words): Randy Nobles,President& CEO,joined the HFHSPBC team in June 2016 with 35 years of banking experience as well as many years of non-profit board work. He currently serves on the board of Trustbridge Hospice,The Boca Raton Airport Authority and the YMCA of South Palm Beach County. Reg Hoskins, Chief Financial Officer,joined HFHSPBC in 2010 with over forty years of experience in accounting and finance. Kari Oeltjen, Chief Development Officer,joined HFHSPBC in December 2016. She has over 20 years of non-profit experience across higher education and medical center development ranging from start- up projects to multi-million fundraising campaigns.Kari has served on many national and state non- profit boards. Ashley Burk,Development Coordinator,works alongside Kari and has over 5 years of experience with several different Habitat affiliates in development and volunteer roles. Mohamed Abdalla, Senior Director Government& Community Affairs,joined HFHSPBC in July 2017. After receiving both his BS and MBA for Lynn University, he joined their admissions team. Mohamed is active on several local boards: Boca Raton Chamber of Commerce PULSE Committee, YMCA and the Boca Raton Housing Authority. Ceci Rivas-Gonzalez, Director Homeowner Services,joined the team in February 2016 with a background in mental health, therapy and career counseling. She has a BA in Psychology and a ME in Professional Counseling. Kesley Mesalien,Family Services Coordinator,joined HFHSPBC as an intern while he was attending FAU. Following graduation, he joined AmeriCorps in service to HFHSPBC and became full time staff in 2017. Fluent in Creole, Kesley provides an important resource with Creole speaking families. Our family services department works very closely with the families that are admitted into our program as we education them on home ownership. Madonna Letourneau, Director Grants & Administration, joined HFHSPBC as a volunteer in 2015, and as a staff member in 2016. With over 25 years of business experience, Madonna ensures our affiliate maintains compliance with both Habitat International and the many foundation grants received. Jeff Fengler,Director of Construction,joined HFHSPBC in March 2015 with 30+years of construction experience in both residential and commercial companies. Crystal Spears, Neighborhood Revitalization Coordinator, began volunteering at HFHSPBC in 2011 and joined our affiliate as a staff member in July 2014. Crystal was the catalyst for the affiliate to Funding Application,HFHSPBC,04-19-18,Page 15 of 20 launch our Neighborhood Revitalization program. Jeff and Crystal are supported by our paid construction staff listed below and thousands of volunteers. Marta Knowles, Construction Administrator Donald Ware, Construction Superintendent Art Story, Construction Superintendent Maria Flores, Assistant Construction Superintendent Guido Dominic, Assistant Construction Superintendent 36 Potential Challenges and Strategies to Address Them(maximum 500 words): Traditionally, many residents who may qualify for our Neighborhood Revitalization efforts are suspicious, and not initially inclined to working with HFHSPBC. Our overall strategy is to use families who have worked with us as referral sources for new program candidates. We create and set an example that proves positive change can be a reality for families-in-need. Using satisfied families who have successfully worked with us as our referral sources has helped to dispel the hesitance of new candidates to filling out the application, providing the needed documentation and paying their required portion of the repair budget. As we begin to work in blighted neighborhoods, and the changes we are making start to show attractive positive results, an example is set for other homeowner families and landlords, who will then gradually begin to provide needed repairs to their properties. The result is the restoration of neighborhood pride that spreads throughout an area as revitalization signals a brighter, more ordered community and hope for the future. Often renters do not possess the knowledge and skills they need to successfully maintain homeownership. We resolve this challenge by requiring families in the new home ownership program to complete 1.00 hours of educational curriculum on topics including financial literacy, budgeting, insurance, escrow, wills and home maintenance. This education helps ensure families are prepared for home ownership. Currently, we are developing a post- purchase education program, and planning to invite families who partner with us on home repairs to also take advantage of our homeowner education curriculum. Florida's hot, humid summer weather and our hurricane season can cause tricky weather delays that can throw our construction timelines off track. Our team has learned to be flexible and to strategize creatively about the best ways to handle challenging weather delays. In the non-profit world, funding is always a challenge, and we are operating in an area where land for building is at a premium and the cost of building is expensive. To help offset these challenges we have been much more aggressive about writing grants. We have gratefully found that there are many funders on both regional and national levels who understand that affordable housing is key to helping break the intergenerational cycle of poverty. Key partnerships with city agencies, the CRA and the faith based CDC are helpful in our land acquisition plans. As a non-profit with a complex operation, we consistently face the issue of being Funding Application,HFHSPBC,04-19-18,Page 16 of 20 understaffed. To offset this challenge, we strategically choose projects that will provide the most community impact, and whenever possible, we partner with other non-profits to accomplish joint projects, saving both time and money. We also target volunteer recruitment to needed skills that complement those possessed by our affiliate office and construction staffs. Section III. FINANCIAL INFORMATION 37 Total Organization Previous FY Current FY Budget: $6,167,197 $7,125,408 38 Project/Program Budget: $585,050 39 Amount Requested:$40,000 40 1%of Org Budget 7%of Project Budget 41 Time Period: Program/Project A:July 1,2018-June 30,2019 42 Type(s) of Support Requested: Funding,Volunteers,Partnership Support, 43 Other Support/Status and Plans for Sustainability (maximum 500 words): HFHSPBC has several different avenues we use for funding and planning for our affiliate sustainability. Firstly, HFHSPBC follows the Habitat for Humanity International sustainability profile: . Mortgage payments and repayments of home repair loans go into the Fund for Humanity to fund new homes and repairs for future Habitat families. 2. Our 2 ReStores contribute more than$400K toward our mission annually by repurposing building supplies and household items for sale to the public. In addition to providing useful goods for the community at very affordable prices, the ReStores also keep more than 2 million tons of waste from our landfills annually. Team Builds and our mission experiences are used to gain volunteers and raise funds. Thorough a Team Build,regional businesses, companies, and organizations make a financial donation and bring their employee group out to a build day. We believe their group will get an unforgettable bonding experience centered on giving back that creates a strong community. Besides Corporate Team.Builds, we also hold events where individuals can participate in a build to support our mission and make a financial donation. In FY17 our Women Build event raised over $120K, our CEO Build event raised over$160K and our Veterans Build event raised over$75K. Significant Gift-in-Kind donations were also received during these events. These and other build events will be held during our next fiscal year. HFHSPBC participates as a sponsor in the Community Contribution Tax Program through the state of Florida. Donors become a home sponsor by making a significant donation(approximately half the appraisal value) to support the construction of the home. Here is a listing of home sponsors this past year: Boca West Country Club-$200,000 EverBank-$45,000 Florida Peninsula Insurance Company-$126,500 Universal Property&Casualty Company-$121,150 Broken Sound Club-$121,050 Capitol Lighting-$104,556 Funding Application,HFHSPBC,04-19-18,Page 17 of 20 The final component of our sustainability is grant writing. We have a long stablished group of funders who want to continue to see the impact in South Palm Beach County with both new home construction and home repairs. Here are some of our key funders: • Bank of America Charitable Foundation • Batchelor Foundation • Comerica Bank • EverBank • Farris Foundation • Ford Motor Company • Home Depot Foundation • The Lattner Family Foundation • Impact 100 • Libra Foundation • Lost Tree Foundation • Lowe's • MacArthur Foundation/Community Foundation of Palm Beach&Martin Counties • PNC Bank • Publix Supermarkets Charities • Rotary Clubs • Schmidt Family Foundation • State Farm Insurance • Wells Fargo Foundation Some of these funders support us with a yearly grant and others give us several times a year to apply for funds. We continue to write grant requests to new funders to expand to our impact. Section IV. APPLICATION CHECKLIST v A. Cover letter signed by Board President/Chair Yes B. 501(c)(3)IRS Determination Letter, must be classified as tax-exempt at time of application Yes C. Evidence of Good Standing with State of Florida Yes D. Board of Directors list with brief Bios Yes E. Policy on Board roles &responsibilities,if applicable Title: HFHSPBC Board Application F. Policy on Board contributions,if applicable Title:HFHSPBC Board Application G. Strategic Plan or other long-term planning document Yes H. Policy on strategic/long-term planning, if applicable Title: South Palm Beach Strategic Plan 2015-2020 1. Project/Program Model Yes J. Evaluation Plan Yes K. CRA Project/Program Budget Request Yes L. CRA Project/Program Budget Narrative Yes M. Most recent Financial Statement Time Period: 7/1/17—2/28/18 N. Most recent Form 990 or 990 EZ(as applicable) Fiscal Year:2016 O. Completed Credit Authorization Form Yes P. Most or more recent Independent Financial Fiscal Year:FY17—7/1/16—6/30/17 Funding Application,HFHSPBC,04-19-18,Page 18 of 20 Compilation,Review, or Audit Q. Affiliation Agreements (if applicable list below): N/A R. Current Balance Sheet as of 12/31/17 Yes Section V. CER,rIFICATION STATEMENT AND SIGNATURE CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Nonprofit Organization Grant Program, and it is true and complete to the best of my knowledge and belief. Funding Application,HFHSPBC,04-19-18,Page 19 of 20 I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Nonprofit Organization Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the CRA may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. As Chief Executive of the applicant organization I certify that (1) the information provided in this application is correct and complete to the best of my knowledge; (2) I am committed to the purpose of the proposed project or program and will work with Board and staff members to accomplish its stated outcomes; and, (3) I will be accountable for compliance with all CRA requirements for operation, evaluation, and reporting. 4-19-18 Chi f Ex five Signature Date Submitted Randy Nobles-President&CEO Print Name/Title Funding Application,HFHSPBC,04-19-18,Page 20 of 20 ON c, cn •� V b!J ° 72 w V V b!J lul ° x ° -5 tc V V bb 3 o > ° o v v C) 75 O o b!J V w O y7z V p V b!J G z V c b.0 toV 40 CD V o ° O ~ ~ ° 3 V O � o o bjD V) ° cr, to~ w p V s- V , O � 3 0 ca Z ~ O - p fxt n x bO Ln � O 3 m O ° V O V x O O ++ 75 ° + bAto -Coll -05 x O H pbc ° 3 � � � as � w � •�, � w o � � � � � •� �, � ° lull ~ ~ ILI o U w Z `� U a ci �a) 't V N N V N O + w 75 O ~ r o O > o It N O s� cC ObiD O +� QbiDtt x V Q O 4 C14 C4 CN bo O 3 u u i O tt •� t w w w u cn cn o cn O + 3 x cC '� N cC vii C p C,4, G O ui Pa W p v w b!J C,4t O ; a a x o W x -0 O u O C o •� 5 o Z X y - •� Cc) O W O u y Op ~ n C)to O x 3 o 00 � O-0t O � � � � � O � CO CO cC N V N� CO Q m O sp H cV 0 0 bfJ ^" O N •N � '� ori ¢ o � � � cC x +' O N cC V O s�•� � � � � vii � s'" ° � N .� `n � bjD ori Z as Lr) V b1J C O 1:� Ln �"o Lr) V w � x y 75 O O o bfJ C� •.� U U �N cC N pq CO O � At N •� � O O 9, •cC � � + � � � O O � O Lr) Ln � y m L O� vv 't x O •� O N cYi d L6 � o w N a; y V y 7 w � x O o o O ,� O � •V � 9, .� � ami � v� O •c'� O � V V z ND O It 7 3 a •N to N o o 4 Q" _ o � o 00 �"0 � p � v p p r5o O r5o +J +J cV +J G p w "O cid N N p V po V +' . V O •V w � O V O O Funding Evaluation Plan Boynton Beach CommunIty Redevelopment Agency (CRA) Organization Habitat of HumarlYt�r of South Palm Beach Count Contact Person Madonna Letourneau Project/Program Name The Door To Sustainability Funding Periodti 1,2018-fume 30.2019 The Boynton Beach CRA is a public agency and is governed by the`'Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES:The grant application program does not create any rights for any parties,including parties that performed work on the project. Nor shalI issuance of a grant result in any obligation on the part of the CRA to any third party.The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the CRA to award grant funding. Copy-and-paste table below to address each Key Activity included in the Project/Program Model for the Program/Project PROGRAMIPROJECT: Activity#1 Build two villas in the Heart of Boynton Beach(123& HFHSPBC-The Door to 127 NE 12th Ave and Villa A&B at NE 11th Ave and NE 2nd Street) Sustainability OU'T'PUTS 1 Measurable Indicators 3 Evaluation Process-Outputs: Who,Tools,When 1a. Four new homes will be created Who:HFHSPBC,City of Boynton Beach 1b. Four new taxpayers will be created Tools:Tax Roles,Property Appraiser Website, When:By June 30,2019 OUTCOMES/Measurable Indicators 4 Evaluation Process-Outcomes: Who,Tools,When 1a. Decreased need for affordable housing Who:HFHSPBC,City of Boynton Beach, 1b. Reduced empty Iots,slum conditions and blight Tools:Tax Roles,Property Appraiser Website, 1c. Increased property values for the neighborhood Before and After Pictures,Homeowner Surveys, 1d. Higher tax base for the city of Boynton Beach When:By June 30,2019 Evaluation Plan,Organization Mame,FY2018,Date,Page 1 of 6 PROGRA.M/PROJECT: Activity#2 Complete 6 Neighborhood Revitalization projects in the HFHSPBC-The Door to Heart of Boynton Beach Sustainability OUTPUTS/Measurable Indicators 4 Evaluation Process-Outputs: Who,Tools,When 2a.Six homes or community assets will be repaired Who:HFHSPBC, City of Boynton Beach 2b.Six properties brought up to code in order to Tools:Tax Roles,Property Appraiser Website, remove any liens or fines. Before and After Pictures,Homeowner Surveys, 2c.Six homes can reinstate home owner insurance When:By June 30,2019 OUTCOMES 1 Measurable Indicators ; Evaluation Process-'Outcomes: Who,Tools,When 2a. Increase in safe decent housing Who:HFHSPBC,City of Boynton Beach 2b.Older neighborhoods are restored with homes Tools:Tax Roles,Property Appraiser Website, having been repaired Before and After Pictures,Homeowner Surveys, 2c.Increased property values for the neighborhood. When:By June 30,2019 2d.Slum conditions and blight will be removed from key areas of Boynton Beach PROGRAM/PROJECT: Activity#3:Hold education workshops with financial topics like debt, HFHSPBC-The Door to budgets,home equity borrowing to protect your asset with our financial Sustainability partners like Bank of America and Comerica Bank OUTPUTS/Measurable Indicators . 4 'Evaluation Process-Outputs: Who,Tools,When 3a.Ten families will be educated on financial matters Who:HFHSPBC,Partner Families,Financial such as debt management and budgeting partners(Bank of America,Comerica Bank,PNC Bank), Tools:Education Curriculum,GiveEffect Database When:By June 30,2019 OUTCOMES/Measurable IndicatorsEvaluation Process-Outcomes: Who,Tools,When 3a.Residents'knowledge is increased. Who:HFHSPBC,Partner Families,Financial 3b.Residents gain increased understanding of their partner(Bank of America,Comerica Bank,PNC community and its challenges and their role Bank) 3c.Increased economic activity in the CRA Area Tools:Homeowner Surveys 3b.Diversified local economy in the CRA When,June 30,20x9 PROGRAMIPROJECT: Activity#4:Hold home maintenance workshops with topics like The HFHSPBC-The Door to ABC's of home repair,hurricane preparedness,and home weatherization Sustainability with our retail partners Lowes and Home Depot OUTPUTS 1 Measurable Indicators 4 Evaluation Process-Outputs:-Who,Tools,When Who:HFHSPBC,Partner Families,Retail Partners 4a.Ten families will be educated on home repair (Home Depot&Lowes) Evaluation Platy Organization Name,FY2018,Date,Page 2 of 6 Tools:Home Maintenance Workshop Materials, GiveEffect Database When:By June 30,2019 OUTCOMES I Measurable Indicators 4 Evaluation Process-Outcomes: Who,Tools,When 4a.Residents'knowledge and ability to care for their Who:HFHSPBC,Partner Families,Retail Partners homes is increased. (Home Depot&Lowes) 4b.Residents gain increased understanding of their Tools:Home Owner Surveys role in the community and the community's When:By June 30,2019 challenges. 4c.Increased economic activity in the CRA Area 4b.Diversified local economy in the CRA PROGRAMIPROJECT: Activity#5:Complete one neighborhood cleanup HFHSPBC-The Door to Sustainability OUTPUTS/Measurable Indicators +' Evaluation Process-Outputs: Who,Tools,When Who:HFHSPBC,Partner Families, 5a.One neighborhood's slum conditions and blight Tools:Volunteers, GiveEffect Database,surveys will be reduced. When:By June 30,2019 OUTCOMES/Measurable Indicators ' ' 4 Evaluation Process-'Outcomes: Who,Tools,When 5a.Older neighborhoods are restored when homes Who; HFHSPBC,Partner Families have been repaired Tools:Volunteers,GiveEffect Database,surveys 5b.Increased property values for the neighborhood When.By June 30,2019 5c.Slum conditions and blight will be removed from key areas of Boynton Beach PROGRAM/PROJECT: Activity#6:Recruit and utilize volunteers from area businesses,faith HFHSPBC-The Door to based and civic organizations and schools to complete build days,repair Sustainability projects or neighborhood cleanup OUTPUTS/Measurable Indicators + Evaluation Process-Outputs: Who,Tools,When 6a.500 volunteers will participate in Habitat events to Who:HFHSPBC,Businesses,Faith Based&Civic build new homes or repair existing homes or Organizations,Schools,Community Groups, community assets Tools:GivEffect Database,Recruitment Tools 6b.5 companies will participate in Team Build days (social media,community events,website) contributing to the well-being of their community 6c. 5 organizations will participate in repair projects contributing to the well-being of their community ��BY June 30,2019 6d.2 organizations will participate in a neighborhood cleanup contributing to the well-being of their community Evaluation Plan,Organization Name,MGM,bate,Page 3 of 6 OUTCOMES/Measurable Indicators.: 4 Evaluation Process-Outcomes: Who,Tools,When 6a.HFHSPBC will fund raise$10,000 for future Who:HFHSPBC,Businesses,Faith Based&Civic projects through Team Build activities. Organizations,Schools,Community Groups, 6b.The community will become more aware of Tools:GivEffect Database,Recruitment Tools the need for safe,decent,affordable housing as (social media,community events,website) they participate in Habitat events 6c.Older neighborhoods are restored when older When:By June 30,2019 homes have been repaired 6d.Increased property values for the neighborhood 6e.Slum and blight will be removed from areas of Boynton Beach Narrative response: 1. Describe input,if any, to this Evaluation Plan, or the Project/Program Model(s) on which it is based, from outside consultants,staff,Board,funders, clients,or other organization stakeholders. HFHSPBC works on the goals for the affiliate as a team involving our staff and board. We use input from surveys we receive from our partner families and volunteers to improve our processes, our education curriculum, and to review and make changes to all parts of our program as necessary.We benefit from the experience of Habitat International, and partner with our foundation, private and corporate funders, and community partners to put our plans into action. Does the organization engage in other evaluation activities and reporting? If so, describe briefly. HFHSPBC reports monthly to our board on the affiliate's accomplishments against our annual goals for home construction,repairs, fundraising,mortgages, families served, volunteers engaged(groups, Team Builds,community events. We also report to Habitat for Humanity International quarterly on the same accomplishments. To satisfy the needs of our funders and the community at large that supports our work, we provide annual reports of our progress against the goals we have set, We routinely measure partner family and volunteer satisfaction through survey tools. Outcomes of the surveys are used to make alterations in our programs. 2. Will any additional cost be incurred to implement this Evaluation Plan? _Yes X No if yes, describe specific items and amounts. Our current budget includes the cost of our database and its operation to track and measure several deliverables. We also are currently budgeted for an outside consulting source as needed to design and complete more comprehensive evaluation tools. 3. If applicable,have additional,costs been included in the project/program budget? 4. Who will be responsible for coordinating the evaluation process and preparing quarterly/annual reports? Evaluation Platy Organization Name,F=18,Date,Page 4 of 6 Madonna Letourneau:Director,Grants&Administration 5. How will evaluation data be used for internal perrformance improvement? HFHSPBC will utilize evaluative data measure our progress toward goals we have set for this project including the outcomes that involve our participant families.We will them utilize the outcomes data to make needed changes to improve our program and our relationships with our several partners. 6. Will evaluation data/reports be shared with organization staff? Yes 7. Will evaluation data/reports be shared with the organization's Board of Directors? Yes 8. The Boynton Beach CRA requires that evaluation data relative to CRA support be reported quarterly and at the end of the year. Will the data/reports be shared with other funders? HFHSPBC routinely shares outcomes results of our projects with our board, the funders, our community partners, and the public. Analyzing outcomes ensures that the primary goals of the projects are met,and we use what we have learned to expand our capacity to make a positive impact in our service area. 9. Who are other organization stakeholders? Will evaluation data/reports be shared with them? Our organizational stakeholders include our staff,board,volunteers, corporate partners,funders and the community-at-large. HFHSPBC shares family outcomes, community project and partnership outcomes with the general public via social media, PR opportunities through print and electronic media.We further share through reporting tools our official outcomes with our staff,board, funders and community partners.Our goal is to keep safe,decent,affordable housing at the forefront until we live in a world where everyone has a decent place to live. CERTIFICATION AND WAVER OF PRIVACY. I, the undersigned applicants), certify that all information presented in this application, and all of the information fundshed in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Nonprofit Organization Grant Program,and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information.I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Nonprofit Organization Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any Iegal reason, including the reason that granting the award will not further the Community Redevelopment Plan.Should Evaluation Plan,Organization Name,FY2018,Date,Page 5 of 6 my application be approved, I understand that the CRA may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank,employers or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. Signatures below indicate approval of and commitment to this Evaluation Plan and the ProjectlProgram Model on which it is based: ]8 18 4/180 Chi f five Signature Date Chairperson,Boar"d of Directors Date Randy Nobles o _, ppv m 01 Scott Sullivan Printed Name/Title Printed Name Attachment: Project/Program Model Evaluation Plan,Organization Name,FW018,Date,Page 6 of 6 M 4- 0 c-I N q0 (6 Q N q0 Y m N O U 0 0 0 0 O O O O co W Z Ln N O LLr O O O Lr O O N O O N LfI LfI O N O Ln U 2 N N c-I N N Ln 2 LL — N � 00 N y •� r-I +' Iy O bA a) > d O tw O ri O o -a Q O U aCL o„ o 05i;o o,, o oo,;o o ao Lu V) LL m +, O O O O O O O Rt �o O O z C: y Ln O W Ln O Rt -:I- ri 3 � w c a E ao ° o Lri o 00 oo I� ff Ln = a- 0 ri 'a ri to O I- ri O 00 a) N N X E (� N c-I N N N M c-I ri C: fC N ri •� r-I N N Imo '`' U E U N O p C N O O Q Ln N O O H O U Q O O — d E �-� 00 2 O O ri OD bio CC •(6 N, O Q, Q0 M, N RtO r-I Rt �, o r-I +� r, O O N 00 O rO LL O E o6 C c-I cl c-I rl c-I N c-I O 00 �i S .0 N N O f'O \ r-i r-i Ol r-i Ol O w m to w +� +, I, O ri Rt M Rt to O +j N L L LL L I� O N _ M ri O ri -:I- r-I r-I Rt M w f6 Cp L LU 0 O L m I� cI N cI M N O z r O L N O�0 i Ln Q LL. 0 ++ O N N LO C N dA O O O O O O M to O cn (6 r-I Lr O O 00 ' L-r c-I O r-I '` 4- O N +, M N to O O O N N O nu C m N Rt M N N Rt Rt Rt O N w „, (6 >, Ljp N N r-I M N w r-I ri ,` O m U N ri ri N ri l0 a Q E N 00 -a O N 3 N NE m m LL. 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Evaluation Weighted No. Criterion Points Committee Total (%) Avg. Rating ORGANIZATION CAPACITY (20%) - ENTER RATINGS HERE 1 Length of time established, overall growth/stability 5 5.0 2 Stability/growth of organization funding 5 5.0 3 Board composition, role, commitment to program/project 5 5.0 4 Demonstrated experience/success with similar program/project 5 5.0 5 Program/project leadership and staff qualifications 15 14.7 6 Collaborative relationships/affiliations relative to program/project 5 5.0 7 Strategic planning process/current plan 5 5.0 Organization Capacity Subtotall 45 44.7 19.9% PROJECT/PROGRAM - Enter ratings on attached sheet 8 Project/Program - Need (20%) 20 6.7 20.0% 9 Project/Program - Description (10%) 30 9.7 10.0% 10 Project/Program Projected Results (20%) 35 8.0 20.0% 11 Project/Program - Evaluation Plan (10%) 35 8.7 10.0% 12 Project/Program - Budget & Sustainability (20%) 35 28.7 19.4% Program - Total, including Organization Capacity 200 106.3 99.3% FUNDING REQUESTED $ 40,000 FUNDING RECOMMENDATION $ 40,000 FY 2017-18 (SPRING) NOGP FUNDING EVALUATION COMMITTEE'S RESULTS COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. (CCC) MARCH 26, 2018 Funding Max. Evaluation Weighted No. Criterion Points Committee Total (%) Avg. Rating ORGANIZATION CAPACITY (20%) - ENTER RATINGS HERE 1 Length of time established, overall growth/stability 5 5.00 2 Stability/growth of organization funding 5 5.00 3 Board composition, role, commitment to program/project 5 5.00 4 Demonstrated experience/success with similar program/project 5 4.67 5 Program/project leadership and staff qualifications 15 13.33 6 Collaborative relationships/affiliations relative to program/project 5 5.00 7 Strategic planning process/current plan 5 4.67 Organization Capacity Subtotall 45 42.7 19.0% PROJECT/PROGRAM - Enter ratings on attached sheet 8 Project/Program - Need (20%) 20 6.7 16.7% 9 Project/Program - Description (10%) 30 9.7 9.2% 10 Project/Program Projected Results (20%) 35 8.0 17.5% 11 Project/Program - Evaluation Plan (10%) 35 8.7 7.9% 12 Project/Program - Budget & Sustainability (20%) 35 28.7 17.9% Program - Total, including Organization Capacity 200 104.3 88.2% FUNDING REQUESTED $ 57,681 FUNDING RECOMMENDATION $ 57,681 FY 2017-18 (SPRING) NOGP FUNDING EVALUATION COMMITTEE'S RESULTS SIDE PROJECT INC. MARCH 26, 2018 Funding No. Criterion Max. Evaluation Weighted Points Committee Total (%) Avg. Rating ORGANIZATION CAPACITY (20%) - ENTER RATINGS HERE 1 Length of time established, overall growth/stability 5 2.7 2 Stability/growth of organization funding 5 3.0 " 3 Board composition, role, commitment to program/project 5 1.7 4 Demonstrated experience/success with similar program/project 5 1 1.0 5 Program/project leadership and staff qualifications 15 8.3 6 Collaborative relationships/affiliations relative to program/project 5 2.3 ' 7 Strategic planning process/current plan 5 1.7 Organization Capacity Subtotal 45 20.7 9.2% PROJECT/PROGRAM - Enter ratings on attached sheet 8 Project/Program - Need (20%) 20 6.7 10.0% 9 Project/Program - Description (10%) 30 9.7 4.4% 10 Project/Program Projected Results (20%) 35 8.0 9.0% 11 Project/Program - Evaluation Plan (10%) 35 8.7 4.4% 12 Project/Program - Budget & Sustainability (20%) 35 28.7 8.0% Program - Total, including Organization Capacity 200 82.3 45.0% FUNDING REQUESTED $ 75,000 Funding Not FUNDING RECOMMENDATION Recommended (45%) t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CRAADVISORY BOARD AGENDAITEM: 15.A. SUBJECT: CRA Advisory Board Agenda- May 3, 2018 SUMMARY: See attached. CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D May 3, 2018 CRA Advisory Board Agenda t [O N� N' 'k B �r v H y,1 RA CRAAdvisory Board Meeting Thursday, May 3, 2018 -6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 561-737-3256 ADVISORY 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. Information Only A. Financial Report Period Ending April 30, 2018 B. Neighborhood Officer Program 2nd Quarter Report for FY 2017 -2018 C. Project Update on Ocean Breeze East 6. Public Comment 7. Consent A. Approval of CRA Advisory Board Meeting Minutes-April 05, 2018 8. Assignments A. Pending Assignments: 1. None B. Reports on Pending Assignments: 1. None C. New Assignments from CRA Board Meeting April 10, 2018: 1. None 9. CRA Board Items for CRAAdvisory Board Review and Recommendations A. Old Business B. New Business 1. Consideration of Grant Funding for the Boynton Beach CRA Non- Profit Organization Grant Program 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. t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: May 8, 2018 CRAADVISORY BOARD AGENDAITEM: 15.13. SUBJECT: Approval of CRA Advisory Board Meeting Minutes -April 05, 2018 SUMMARY: See attached minutes. CRAAB RECOMMENDATION: Approve the April 05, 2018 CRA Advisory Board Minutes ATTACHMENTS: Description D April 05, 2018 CRAAB Minutes MINUTES OF THE CRA ADVISORY BOARD MEETING AT INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 33435 HELD ON THURSDAY, April 5, 2018, AT 6:30 P.M. PRESENT: Linda Cross, Chair Michael Simon, CRA Executive Director Robert Pollock, Vice Chair Theresa Utterback, Development Services James DeVoursney (arrived at 6:39 p.m.) Manager Anthony Barber Bonnie Nicklien, Administrative Services Thomas Murphy, Jr. and Grant Manager, CRA Thuy Shutt, Assistant Director, CRA Lisa Edmondson, Prototype, Inc. ABSENT: Allen Hendricks Rick Maharajh I. Call to Order The meeting was called to order at 6:33 p.m. II. Roll Call Roll was called, and it was determined a quorum was present. III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda - None B. Adoption of Agenda Motion made by Mr. Barber, seconded by Vice Chair Pollock, to adopt the agenda as presented. In a voice vote, the motion passed unanimously (4-0), with Dr. DeVoursney not yet present. IV. Information Only A. Financial Report Period Ended March 31, 2018 Meeting Minutes CRA Advisory Board Boynton Beach, Florida April 5, 2018 Mr. Simon stated there was nothing out of the ordinary. V. Public Comment - None VI. Consent A. Approval of CRAAdvisory Board Minutes - March 1, 2018 Motion made by Mr. Murphy, seconded by Vice Chair Pollock, to approve the minutes of the March 1, 2018, meeting as presented. In a voice vote, the motion passed unanimously (4-0), with Dr. DeVoursney not yet present. VII. Assignments A. Pending Assignments - None B. Reports on Pending Assignments - None C. New assignments from March 13, 2018, CRA Board Meeting - None VIII. CRA Board Items for CRA Advisory Board Review & Recommendations A. Old Business 1. 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 Mr. Simon stated they have more linkage in the current budget to assets and financial offerings that are not set aside for the Cottage District. He did not think the CRA Board would be interested in moving funding that is now attached to Martin Luther King Boulevard out to this area. If this board were to favor any combination of housing mixes, they can "throw them" into the RFP/RFQ and allow the development community to find freedom in those categories. They all fit in the Master Plan. By doing that, they would recommend flexibility, and if funding sources are available, the body should recommend taking advantage of any opportunity and include that language in the RFP. Mr. Simon remarked that they already know the general scope of work from previous RFPs, but asked if there are any additional ideas to include. Another consideration would be to recommend (or not) the possibility of using the asset of the land owned as a potential incentive with a discounted value or flexibility in the cost of the property. That might draw more qualified interested parties. Dr. DeVoursney inquired if the project would be affordable or workforce housing, and Mr. Simon said that would be another category of discussion. The CRA Redevelopment 2 Meeting Minutes CRA Advisory Board Boynton Beach, Florida April 5, 2018 Plan leans toward affordable housing, but is not restricted to very low or workforce housing. If the developer so desires, they can add a workforce element to the project. Mr. Simon explained the parameters for workforce housing. In response to a question by Chair Cross, Mr. Simon explained that properties adjacent to the site are not available, with the exception of one very small lot (#115) which may be up for sale. Regarding the CCC building on the corner, Mr. Simon said that the owner wants to extend the footprint of the building. She can do that as long as there is adequate parking. Mr. Simon advised that another property, Francois, has had no interest in selling so far. The McIntosh property, the Francois property, and the Oyer properties are not critical to the layout of the plan. Chair Cross believed that flexibility for all the potential layouts would increase the number of RFP/RFQ responses. Dr. DeVoursney thought the RFP/RFQ should be commensurate with the type of housing: that is, workforce, low-income, etc. Chair Cross added they could do a silent mortgage. Mr. Simon mentioned the various styles of projects they have done: garden- style, single family, townhouses, and others. The project could also feature a mix of styles. Ms. Shutt reported that some of the more creative styles might require some modification of the Palm Beach County Subdivision Code. At this time, it requires fee- simple, attached townhouses, or multi-family with a shared parking lot. Chair Cross said that an issue with developers is thinking they will be stuck with a particular product that the marketplace may not be able to support. Mr. Simon commented they would need to have a broad range of suggested housing styles. Perhaps land could be offered on a type of sliding scale or tied to the affordability range of people being served. It could be called an "affordable workforce project." Dr. DeVoursney asked if the TIF funding would be available as an incentive in the RFP/RFQ. Mr. Simon replied that since the project price is on the low end, TIF would be like a front-end help. He would rather incentivize it and lower the cost to the end- user. The CRA could offer incentives to the developer, provided he meets certain conditions. Chair Cross advised that the project will be done with next year's money, so they can take care of it during the budgeting process once the RFP comes back in. That way, they would not be taking money away from a project that has already been voted on. Mr. Simon pointed out that it is unknown at this time what developers will want to do with the Town Square project, so it is therefore unknown what might be needed from this year's funds. 3 Meeting Minutes CRA Advisory Board Boynton Beach, Florida April 5, 2018 Ms. Shutt commented that this is a different project than multifamily and mixed uses, where the developers are looking to sell the units as fast as possible while keeping costs down. If the land can be less costly, the developer can recoup their costs more quickly. Moderate homeowners would not have trouble getting financing, but the lower segment may have to be subsidized (either at the developer's end or the purchasing end) to get into the housing market. Vice Chair Pollock was curious if there was a grant to subsidize down payments. Mr. Simon advised it could be structured several ways - through down payment assistance to the buyer or lower cost of land to the developer. He added that the current property is for ownership, not rental. In response to a question, Mr. Simon remarked that Ocean Breeze West is a 60/40 split of workforce/low and very-low income housing. He added that was made possible by the early participation of the Habitat for Humanity program. Chair Cross mentioned that since that project is well established, there is a renewed need for another low-income project. Mr. Simon stated that Ocean Breeze East has reached a milestone in the tax credit application process, and they are working their way through the process. David Katz, 67 Midwood Lane, asked how the Cottage District site is platted at this time. Mr. Simon said the infrastructure is all city water and sewer, power, and cable, all running from the exterior street side - there is some evidence of piping. In response to another question from Mr. Katz, Mr. Simon remarked that Habitat for Humanity may build multiple houses at any one time, and they could be completed with weeks. Mr. Katz suggested offering the land as an incentive, create designs that reduce the cost of the house, and work with Habitat for Humanity. Mr. Simon noted that Habitat is always asking about the CRA properties, but have not submitted a letter of intent. It is quite possible they would respond to an RFP. Dr. DeVoursney confirmed that there could be a provision that does not allow homeowners to rent. Mr. Simon said most scenarios the CRA has participated in have involved some interior roadway to maximize building. Trying to build around the center of a project can be limiting. By having the land more developed, it eliminates the concerns of community safety and maintenance for the City. He said he would not be discouraged if nobody responded to the RFP due to the busy state of construction now. He said Habitat might consider building townhouses. Mr. Barber asked how close or far away is the purchase price from what the CRA wants. Mr. Simon responded that the owner was asking about $250,000 (700 square foot house, but it is upgraded). A tenant is currently in the house, and there is no recent 4 Meeting Minutes CRA Advisory Board Boynton Beach, Florida April 5, 2018 appraisal. He thought the CRA had reached its capacity for acquisition, unless the owner lowered her price dramatically. Mr. Simon said they had spent a great deal of time with the owners of the child care center and their neighbors trying to move the parking lot. She would not sell that lot unless she were also to sell the child care center. The developer may be able to enhance the appearance of that lot. The CRA is going forward with the alley abandonment; they have done the geo-technical and the Phase I and Phase II. Mr. Simon did not think they would get any multifamily townhome responses back since they did not get much response from the single-family request. Mr. Simon pointed out there were had too many restrictions the first time. Ms. Shutt said there had been one inquiry afterwards for townhouses. They are fee- simple ownership; they share a common wall. Some of those would allow one or two more units, but she was not sure about the financial package. Motion made by Mr. Barber, seconded by Vice Chair Pollock, to recommend that an RFP for development of the Cottage District: • 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 • Suggest affordable/workforce housing • Suggest that the CRA is willing to fund certain upfront costs such as site plans, surveys, utilities, etc. as potential cost reductions • Suggest any of the four options 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 a 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 to include Habitat for Humanity. In a voice vote, the motion passed unanimously (5-0). 2. Consideration of Parameters for an RFP/RFQ for the CRA owned parcels on the MILK Corridor Chair Cross asked what is expected of the Board on this item, since they passed a recommendation at the last meeting. She read the recommendations/motion from the previous meeting, noting that they recommended Option #3 of a total of three options (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). 5 Meeting Minutes CRA Advisory Board Boynton Beach, Florida April 5, 2018 Mr. Simon explained that the parameters for the RFP will be discussed at the upcoming CRA Board meeting. They considered the CRAAB's recommendations in coming to their conclusions. They included both the north and south side in the RFP, and are not limiting the area to just the shell space. The developer may be able to construct a better package of properties. The CRAAB can suggest bullet points of what they would like the CRA Board to consider in the proposal from the developer. He suggested starting with incentives. Mr. Simon stated that the $1.2 million that has been identified in the budget should be used as incentive or as a cash offset to a successful response - as opposed to the suggestion that the CRA could use the money to start building. Ms. Shutt said they can limit the use of the $1.2 million to construction versus having the developer come in and want to use the $1.2 million for more land. The money could also be used for relocation expenses or infrastructure. Mr. Simon noted that Sarah Sims park is being designed and is pushing for more than the original $600,000 partnership with the City to get their desired amenities. He said they may be revisiting the budget as they go into the next fiscal year. Mr. Barber suggested that if a developer comes in who will build the project with his own money, then the CRA could offer up to $.5 million for land, limited to a particular contiguous parcel. He believed that should motivate the developer. Chair Cross said that comment cards from the March 01, 2018, CRA Advisory Board meeting showed things that people did not want to see, such as a check-cashing store and Walmart. Mr. Simon advised that the CRA can specify what facilities can or cannot be built on the site during negotiations, but should not be concerned about it at this time. The following were mentioned as items to include in the RFP: • Commercial mixed use • Purchase land contiguous to the CRA land • Cash and land incentives • Prefer north and south sides, not one or the other • Incentive scoring or review points to a developer that has control of adjacent properties • Encourage developers who want to seek out opportunities to purchase adjacent properties Public Input Reverend Bernard Wright, 713 NW 2 Street, said he had 201 signatures on his petition saying what they want in the neighborhood. They have a conceptual plan and know the neighborhood. 6 Meeting Minutes CRA Advisory Board Boynton Beach, Florida April 5, 2018 Chair Cross said they had looked at the petition, and she reviewed the points in it, including that they want an historical perspective in the RFP. She said they can put in the RFP that community workshops will be required. They are not trying to limit develp0ment, but need a developer who will build something that they think is marketable. The CRA will give them parameters. Reverend Wright said that the same people come to all the (community) meetings. End of Public Input Mr. Barber said $1.2 million was a lot of money, and wanted to be more specific in the way it would be spent. Perhaps saying cash incentives to infrastructure et al might be preferable to mentioning the amount. Mr. Simon pointed out that the project is $20 million as a whole, and $1.2 million might make the difference between a developer looking at the site or not. The developer would not get the $1.2 million until the sale on the property is closed (it would be a back- end incentive). Mr. Barber did not want the process to drag on longer than 12 months. If nobody responds to the RFP, Mr. Simon asked if the CRA would develop the building on its own, become the landlord, etc. Another scenario would be if they get a response for only one half of the site. The response time should be 45-60 days; but they could insert a time frame on the back end that the selected proposer will only have a certain number of days to go to the next step. He asked the board if they would be amenable to a response that may include a proposal that may include SAIL or 9% as part of the package, with the CRA coming up with the monetary gap. Chair Cross suggested using TIF money to fill the gap if that happens. Ms. Shutt commented that a proposer may want to have the property closed so they can get financing. Perhaps they can add to the RFP that the first phase has to be done within a certain amount of time, such as a year or several years. She also suggested not limiting it to vertically integrated uses such as offices, commercial, etc. There might be one building on the south side that is commercial, and one residential (horizontally integrated). Mr. Simon believed the height restriction was 45 feet and four stories. He discussed the height regulations and zoning requirements in the vicinity. However, if 200 people want a Continental Club built, he did not know how to bridge that gap between their vision and what can be built. He also said the CRA could build the shell of a building and incentivize the community to build what they want. Chair Cross asked what would happen if nobody responds to the RFP. Mr. Simon recalled they had a similar situation with Ocean Breeze East. He said the CRA can incentivize the construction of a building, but cannot own and operate it. Chair Cross did not see how the CRA could proceed without a developer. 7 Meeting Minutes CRA Advisory Board Boynton Beach, Florida April 5, 2018 Mr. Barber said that if nobody responds, they have to let the public know. Mr. Simon commented it would not serve the community to have a lot of potentially failed businesses there. Ms. Shutt recalled that the residents want a full-service grocery, but it took five years for Delray to get a Publix, and they had the land. She thought they needed to concentrate on smaller commercial service uses such as doctors and barbershops that the community can operate and support. Motion made by Mr. Murphy, seconded by Dr. DeVoursney, to include the following as parameters for the RFP/RFQ: • Stress flexibility and creativity to maximize the use of the land and maximize the appeal to at least some of the types of businesses that the community wants (see above recommendation) • Include north and south side properties on MLK, Jr. Blvd • Suggest incentives to offer such as discounted land, site plan, surveys, utilities • Suggest 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, to provide relocation assistance to attract new businesses, etc. • Note the Sara Sims Park amenities which will be in place • Commercial/residential mixed use is required and is consistent with the plan for the Heart of Boynton • Suggest that it would be positive to partner with or work with other adjacent land owners to gain a larger footprint for the development • Work with the community for input/town halls before during and after the project is completed • Maintain the historical perspective of the Heart of Boynton through design and attractions • Stress that time is of the essence and require that significant work (some parameters needed here) must be done within 12 months of award of contract • Suggest that portions of the development could utilize TIF, 9% tax credit financing, or SAIL financing. In a voice vote, the motion passed unanimously (5-0). B. New Business 1. Consideration of Purchase and Sale Agreement for the Properties Located at 211 NE 9th Avenue and NE 11th Avenue Mr. Simon reviewed the two properties for sale. For the price they are getting, nobody but the CRA or City could make it work for something. The lots would not be usable for housing, parking lot, etc. Both properties are located within the E. MLK Jr. Boulevard 8 Meeting Minutes CRA Advisory Board Boynton Beach, Florida April 5, 2018 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. Motion made by Mr. Murphy, seconded by Mr. Barber, to recommend purchase of the two properties. In a voice vote, the motion passed unanimously (5-0). 2. Consideration of US 1 Intersection Funding Associated with Florida Department of Transportation Improvement Project Chair Cross asked why this would be a CRA function, and not a City function. Mr. Simon explained it is an enhancement that would encourage development and redevelopment; it is another way to draw identity to the community; there is no issue with the State maintaining the project; the CRA can build on it, but not take over management. Adding signage is allowed. Dr. DeVoursney brought up the repaving of Federal Highway and thought the CRA should try to coordinate with that project. Ms. Shutt said that was discussed last year as part of the budget, but they were not very far along at that point. At this time, they will be doing milling and resurfacing, drainage, and curbing. It is above and beyond what FDOT would normally do and will enhance the pedestrian experience. There would be thermo-plastic paint that would provide a "sense of arrival" into the City. Dr. DeVoursney recommended not doing Gateway and Federal Highway at this time because they will not be repaved until the following year. Ms. Shutt said they are only recommending four (out of seven) intersections where there is no entrance sign: Ocean Avenue and US1, Boynton Beach Boulevard and US1, Martin Luther King Boulevard and US1, and Woolbright and US1. Mr. Simon explained they would reallocate money that was identified during the budget as the funding source if the project needed enhancement. Reallocations will be as follows: • $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 Mr. Simon said the first things the CRA wanted to make sure were done are major changes to pedestrian safety at intersections and enhancement of identification of bike lanes. FDOT is doing so much at the intersections so there was nothing else the CRA could do along those lines. Therefore, the CRA is doing visual enhancements that are beyond the safety issues. Motion made by Mr. Barber, seconded by Mr. Murphy, to recommend approval of the US1 Intersection project. In a voice vote, the motion passed unanimously (5-0). 9 Meeting Minutes CRA Advisory Board Boynton Beach, Florida April 5, 2018 3. Discussion and Consideration of Lease Terms for the Property Located at 201 NE 9th Avenue Mr. Simon explained there are two occupied duplex units on the property. The CRA tried to delay the closing until after the leases were up, but the owner wanted to close. Staff is now trying to get a 60-day extension for the current leases to give them a cushion to leave. He said one occupant is a health-challenged elderly person, and the other occupant has a small family. He noted they do not plan to demolish the buildings. Chair Cross did not understand why the tenant whose lease expired in August should need 60 days now to move out. Mr. Shutt said they are trying to treat both tenants equitably. Motion made by Mr. Murphy, seconded by Mr. Barber, to permit a 60-day extension on each lease. In a voice vote, the motion passed unanimously (5-0). Mr. Simon said that it would be good to have them out of the units if a developer wants to move on the project. IX. Future Agenda Items - None X. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 8:42 p.m. [Minutes transcribed by J. Rubin, Prototype, Inc.] 10 BOYNTON rD BEACH Economic Development Grant Program Overview for the May 8, 2018 CRA Board Meeting Grant Applicants Grant Program Number. of Grants.on.Agenda Grant Total Commercial Rent Reimbursement 3 $31,800 Commercial Interior Build-Out 2. $36,400 Commercial Facade. Improvement 4 $45,870 Commercial Construction Permit : 1 $1,951 Total Grant Funding $116,021 Purchase and Development Agreement Term Sheet—MLK Blvd. • Sale of CRA Property-CRA to sell its Property within project areas to Centennial for$10.00 o Closing date—July 31, 2019 (Agreement shall terminate if closing does not occur by October 31, 2019) • Assignment-Contract may be assigned to a wholly owned affiliate of Centennial without CRA approval; assignment to any other part would require approval by CRA • Project Requirements-CRA shall approve design of the Project,which approval shall not be unreasonably withheld o The Project- Project shall be consistent with Centennial's response to RFP/Developer Qualifications and shall include: • Residential • Approximately 124 affordable multi-family rental housing units • 3-4 story building • 1, 2, and 3 bedroom units • Associated amenities(to be more clearly defined) • Commercial • 10,000 square feet of commercial space • Other • Gates if required by CRA • Sidewalks o 8 foot sidewalks along residential frontage of MLK Boulevard o 16 foot sidewalk/pedestrian zone along commercial frontage of MLK Boulevard o 6 foot sidewalks around remaining portions of the Project • Streetlights along entire perimeter • On street parking, where feasible • Trees around and within the Project that exceed size requirements of City Code • Enhanced resident amenities (to be more clearly defined) • Accommodations for an onsite residential manager • Open commercial plaza with shade, lighting and landscape design features o Local Contractors/Local Jobs- Purchaser shall make reasonable and good faith efforts to use and hire qualified, licensed, insured, and bondable local contractors and subcontractors and to employ residents as part of completed Project operations and property management team • Prior to and during the construction of the Project, Centennial shall: • Host 2 job fairs • Give priority to Locally Owned Small Businesses to participate during construction • Include requirements in all contracts that contractors and subcontractors make reasonable efforts to hire locally • Pay property management positions at minimum of Living Wage for Palm Beach County • Funding Options and Associated Development Timelines o Option 1 -9%Low Income Housing Tax Credit Program Funding Option— ■ 2 application cycles(2019 and 2020) unless CRA directs Seller to proceed under Option 3 • Local Government contribution may be required • Development shall proceed pursuant to FHFC underwriting schedule o Option 2-State Housing Incentive Loan Program Funding Option • 2 application cycles(2019 and 2020) unless CRA directs Seller to proceed under Option 3 • Local Government contribution may be required • Development shall proceed pursuant to FHFC underwriting schedule o Option 3-Tax Increment Funding Option— ■ Centennial shall apply for Tax Exempt Multifamily Revenue Bond Funding and 4%Tax Credits • Tax Increment Revenue Financing will be provided to CRA to cover the gap between Project costs and Bond funding and tax credits received • Development timeline: • Applications for site plan approval submitted within 90 days of notification that it has not received funding from FHFC under Options 1 or 2 or written notification from CRA that it should proceed under this option • Applications for building permits submitted within 120 days of receipt of site plan approval • Temporary or permanent certificate of occupancy received within 24 months from receipt of building permit • Centennial shall diligently process all applications • Termination-CRA may terminate the Agreement if Centennial does not receive funding pursuant to Funding Options 1 or 2 o If CRA terminates the Agreement, it may purchase properties acquired by Centennial within project area o If CRA terminates the Agreement, Centennial will transfer ownership back to the CRA for any parcel sold to them under the terms of the Agreement. • Reverter-Warranty Deed conveying CRA Property shall contain reverter clause requiring Centennial to reconvene property to CRA if it defaults under the terms of the Agreement • Right of First Refusal—CRA shall have right of first refusal to repurchase the Property if it contributes TIRF to the Project