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Agenda 03-10-20 BOYN wwwBEACH "CRA '0 Community Redevelopment Agency Board Meeting Tuesday, March 10, 2020 -5:30 PM Intracoastal Park Clubhouse, 2240 N. Federal Highway 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 A. Corrective Amendments to Exhibit A of the 500 Ocean Direct Incentive Funding Agreement 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. Rock the Plaza on February 29, 2020 at Ocean Palm Plaza Recap B. The 6th Annual Blarney Bash on March 14, 2020 located at Dewey Park and E.Ocean Ave from 4:00 PM to 9:00 PM C. Rock the Plaza on March 28, 2020 at Sunshine Square from 4:00 PM to 8:00 PM 8. Information Only 9. Public Comments 10. Consent Agenda A. Financial Report Period Ending February 29, 2020 B. Approval of CRA Board Meeting Minutes- February 11, 2020 C. Approval of Commercial Property Improvement Grant Program in the Amount of$50,000 for The Coffee and Ale Exchange, LLC d/b/a Bond Street Ale and Coffee located in Casa Costa at 400 N. Federal Highway, Unit 12 D. Approval of Commercial Rent Reimbursement Grant Program in the amount of$21,000 for The Coffee and Ale Exchange, LLC d/b/a Bond Street Ale and Coffee located in Casa Costa at 400 N. Federal Highway, Unit 12 E. Approval of Commercial Rent Reimbursement Grant Program in the amount of$14,124 for Magic Scissors Pet Grooming, Inc. d/b/a Jackie's Grooming Spa & Hotel located in Ocean Plaza at 640 E. Ocean Avenue, Unit 18-19 11. Pulled Consent Agenda Items 12. CRA Projects in Progress A. CRA Marketing and Business Development Project Update B. CRA Economic& Business Development Grant Program Update C. Ocean Breeze East Apartment Project Update 13. Public Hearing 14. Old Business A. Consideration of Fiscal Year 2018-2019 Budget Amendment for Unreserved Tabled Fund Balance and Self-Funded Insurance Reserve (2/11/20) B. Consideration and Discussion of Terms for a RFP/RFQ and Letters of Interest for the Operation and Management of the Historic Woman's Club of Boynton Beach C. Discussion of the CRA Owned Property located at 115 N. Federal Highway D. Consideration and Discussion of the Property Inspection for the Purchase and Sale Agreement associated with 209 N. Seacrest Boulevard E. Consideration of Approval of Boynton Village, LLC a/k/a The Preserve's Performance Audit for Year Ending December 31, 2019 for Compliance with the Direct Incentive Funding Agreement F. Consideration of the First Amendment to Fund the Increasing the Quality of Life Program of Habitat for Humanity International (d/b/a Habitat for Humanity of South Palm Beach County 15. New Business A. Consideration of Bid Award for Responses to the Request for Proposals for Website Design, Build, and Maintenance Services B. Consideration of the FY 2019 -2020 CRAAffordable and Workforce Housing Grant Program 16. CRAAdvisory Board A. Pending Assignments B. Reports on Pending Assignments C. New Assignments 17. Future Agenda Items A. Consideration of Funding of an additional Rock the Plaza Event to Promote Fish Depot and other Businesses Between Federal Highway and FEC Railroad Tracks Adjacent to Veterans Park 18. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITHA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE INAND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256,AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRNS WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRNS WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. BOYN wwwBEACH "CRA '0 CRA BOARD MEETING OF: March 10, 2020 LEGAL AGENDAITEM: 5.A. SUBJECT: Corrective Amendments to Exhibit A of the 500 Ocean Direct Incentive Funding Agreement SUMMARY: On May 25, 2015 the Boynton Beach CRA entered into a Direct Incentive Funding Agreement ("Agreement") with Skye at Boynton Beach, LLC (see Attachment 1). There appears to be a conflict between Section 6.1 of the Agreement and Exhibit "D" of the Agreement. The Third Amendment to Direct Incentive Funding Agreement modifies Exhibit "D" to provide that Developer shall be entitled to an Annual Percentage Factor of Fifty Percent (50%)for years Five (5) through Seven (7) in keeping with the terms of Section 6.1 (see Amendment 11). For years Eight (8) through Ten (10), the Annual Percentage Factor will remain at Twenty-Five Percent (25%). CRA BOARD OPTIONS: 1. Approve the Third Amendment to the Direct Incentive Funding Agreement between the Boynton Beach CRA and Skye at Boynton Beach, LLC. 2. Do not approve the Third Amendment to the Direct Incentive Funding Agreement between the Boynton Beach CRA and Skye at Boynton Beach, LLC. ATTACHMENTS: Description Attachment I - Direct Incentive Funding Agreement Attachment 11 -Third Amendment 500 Ocean DIRECT INCENTIVE FUNDING AGREEMENT This is an agreement (hereinafter "Agreemenf') entered into as of the day of 2015,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 SKYE AT BOYNTON BEACH, LLC,, a Florida limited liability company, with a business address of 1201 Ponce de Leon Blvd. Coral Gables, Florida 33134 (hereinafter collectively referred to as the"Developer"). RECITALS: WHEREAS, the CRA has determined that entering into public/private partnerships for the purpose of eliminating slum and blight, encouraging economic development, creating affordable housing and other goals within the adopted CRA plan is beneficial to the public; and WHEREAS,this Agreement pertains to Direct Incentive funding for the 500 Ocean Project, City File No. NWSP 14-002, (hereinafter the"Project") located on property described on Exhibit "A" within the CRA boundaries(hereinafter the"Property"); and WHEREAS, the CRA has determined that the Project is advancing the goals of the CRA plan by meeting the ICC 700-2012 National Green Building Standard Silver and by adding 6,600 sq. ft. of office space; and WHEREAS, at the October 14, 2014 meeting, the CRA Board of Directors (hereinafter "CRA Board"), by appropriate action, made the Project eligible for a percentage of the Tax Increment revenue pursuant to this Direct Incentive Funding Agreement(hereinafter"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, the CRA Board approved this Agreement to its form at its November 12, 2014 meeting; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration,the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct and incorporated herein. Section 2. Definitions. As used in this Agreement, the following terms shall have the following meanings: 004180214 Page 1 of 17 "Agreement" means this Direct Incentive Funding Agreement and all Exhibits and attachments hereto, as any of the same may hereafter be amended from time to time. "Base Value" means the assessed value of the Property as determined by the Palm Beach County Property Appraiser prior to construction of the improvements as reflected in Exhibit"B"attached hereto. "Certificate of Occupancy" means the certificate issued by the City pursuant to the City of Boynton Beach Building and Zoning Code indicating that a building or structure complies with applicable City of Boynton Beach Building and Zoning Code requirements and that the same may be used for the purposes stated therein. "Certification"means National Green Building Certification issued by the National Association of Home Builders Research Center to developments that meet the criteria of the ICC 700-2012 National Green Building Standard. "City"means the City of Boynton Beach,Florida. "Commence Construction" or "Commencement of Construction" means the issuance by the City of the permit required for the commencement of vertical construction and the actual commencement of such vertical construction pursuant to and in accordance with such permit. "Construction Loan Documents" means the documents evidencing financing of the construction of the Project. "Direct Incentive Funding" means an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section 5 above due to the failure of the Developer to comply with the terms of this Agreement. "Designer's Report" means a report to be submitted to the CRA by Developer outlining all of the elements of the Project to be constructed to obtain the Silver Rating National Green Building Standard as more fully described in Exhibit"C." "Developer" means SKYE AT BOYNTON BEACH, LLC, as described in the attached Exhibit"G". "Electric Vehicle or EV Charging Station" means an electric recharging point, charging point and the EVSE (Electric Vehicle Supply Equipment), that supplies electric energy for the recharging of electric vehicles or plug-in hybrid electric-gasoline vehicles. "Silver Rating National Green Building Standard"the standard of the National Association of Home Builders' (NAHB) Green Building Program based upon American National Standard Institute approved ICC 700-2012 National Green Building Standard. The Standard defines green building for single- and multifamily homes, residential remodeling projects, and site development 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 Silver Rating requires 349 Performance Points, 00418021-4 Page 2 of 17 "Office Space" means the 6,600 sq. ft. of office space to be constructed as part of the Project as depicted on the site approved site plan City File No.NWSP 14-002, which is attached hereto as Exhibit 46E" "Pledged Project Increment Revenues" means the variable disbursement of revenue to the Developer that equate to a percentage of the Project Increment Revenues as set forth in Section 6 of this Agreement. The example of the Pledged Project Increment Revenues calculated over the term of the Agreement is shown in Exhibit"W'. "Project" means that certain land development project currently referred to as 500 Ocean, City File No.NWSP 14-002, attached hereto as Exhibit"E" located on property fin-ther 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 Project. ,,Property"means the real property described on Exhibit"A." "Redevelopment Area"means those areas within the limits of the City which have been declared blighted and established by the City in accordance with the provisions of Florida Statutes, Chapter 163, Part M. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of increment revenues attributable to development within the Redevelopment Area. "Retail Space"means the approximately 13,300 sq. ft. of retail space to be constructed as part of the Project. "Site Plan"means the site plan for the Project approved by the City of Boynton Beach on July 1, 2014,a copy of which is attached hereto as Exhibit"E." "Systems Audit" means a review performed by an independent auditor approved by the CRA and paid for by Developer of the Project according to the 2012 ICC-700 National Green Building checklist including original inspections and certification of the residential units to confirm ongoing compliance with the standards, subsequent blower door testing to confirm compliance with original testing. (Exhibit-F-) "Substantial Completion" or "Substantially Complete" means the completion of 90% of the Project's units,as evidenced by issuance of certificates of occupancy for such units. "Successor or Assignee" means a subsequent owner of the Project, as approved of by the CRA pursuant to this agreement,other than the original Developer, SKYE AT BOYNTON BEACH,LLC. "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. 00418021-4 Page 3 of 17 "Unit Type" means Al, Bl, Cl, C2, C3, and D1 designation based on the unit floor plan approved in the Site Plan. Section 3. Effective Date. This Agreement shall be effective as of the date of the execution of the Construction Loan Documents for the Project as evidenced by the submission by Developer of copies of same to the CRA. Section 4. Developer's Pblilations—Construction of the P Ct. 44®1 As part of the Project, Developer agrees to construct the units for the Project as described in the Site Plan and to obtain the Silver Rating National Green Building Standard. The Site Plan may be modified from time to time by Developer in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach provided that the Developer shall not have the right to reduce the number of residential units, reduce the energy efficiency of the units, eliminate the EV Charging Stations or to make any other change which would substantially reduce the taxable value of the Project without the prior approval of the CRA. "Substantially" as used in this Section means any change that would require a major Site Plan Modification from the City of Boynton Beach. 4.2 As part of the Project, Developer agrees to construct the 6,600 sq. ft. of office space as reflected in City File NWSP 14-002,attached hereto as Exhibit"E." 44®3 Convicted Vendor List. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, Developer certifies that it, and all of its affiliates, contractors, sub-contractors and/or agents who perform any work on the Project, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty-six(36)months immediately preceding the Effective Date. Section 5. Certification Requirements. The Project has been modeled to attain the Silver Rating National Green Building Standard. As a condition precedent to its receipt of any funds pursuant to this Agreement, the Developer shall provide evidence that the all units, once constructed have received a Silver Rating National Green Building Standard using third party verification. The Developer shall provide third party verification that the constructed units comply with the standards for the Silver Rating National Green Building Standard for the duration of Direct Incentive Funding Agreement. Implementation of this Certification requirement shall be as follows: 5.1 -Certification and 0copant Education. 5.1.1 Silver Ptating Standard. Developer shall conform to the Designer's Report attached hereto as Exhibit "C" outlining components of the Project necessary for compliance to receive a Silver Rating ICC-700 National Green Building 2012 Standard. This will require a level of Silver for each section inclusive of 75 "Additional Points"available under the program. Certification that this standard has been met will be accomplished at the Developer's expense through the National Association of Home Builders Resource Center as overseer of the program. 5.1.2 Initial Certification. The Developer will provide evidence of Certification meeting the Silver Rating National Green Building Standard based on two inspections for each apartment including a pre-drywall and final inspection. A detailed checklist will be created and all the components and practices will be listed to show individual unit compliance with the Silver Rating National Green Building Standard. The checklists and reports shall be submitted to the City's Development Services Department within fifteen(15)days of completion of the inspection of the Project. 004180214 Page 4 of 17 5.1.3 Occupant Manuals and Training. The Developer shall produce and distribute to all of the Projects occupants a manual identifying the green attributes of each unit and the overall Project. This manual shall also include any manufacturer's information or product data for equipment, fixtures, and appliances. Through the manual, occupants will be familiarized with the green building practices implemented and the impact of occupants' activities on costs of operating the building. The manuals include a narrative detailing the importance of constructing a green building,including a list of green building attributes included in the building; the green building program certificate (copy of the National Green Building Standard that is sometimes referred to as the 'NGBS") with measures achieved and the warranty, operation, &maintenance instructions for all equipment, fixtures, appliances, & finishes as per requirements of Chapter 10 of the Designers Report of NGBS. Training will also be provided to the building management company regarding all equipment operation and control systems at the cost of the Developer. 5.1.4 Installation and Maintenance of Electric Vehicle Charging Stations. The Developer shall install at the Project the following three Electric Vehicle Charging Stations: one in the commercial parking area and two in the residential parking area. 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® 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 pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non-prevailing party. Such non prevailing party shall be determined by the arbitrator. 5®3 Systems Auditing. Prior to receiving any annual allotment of any Direct Incentive Funding pursuant to this Agreement, Developer shall provide written evidence, at its sole cost and expense, that is satisfactory to the CRA in its sole discretion, of continued compliance in all material respects by the Developer to the terms of this Agreement and with all agreed upon Silver Rating National Green Building Standards set forth in this Agreement. On an annual basis, the Developer will perforin a systems audit on at least thirty-four(34) Units each year for the next ten (10) years as evidence that the Units continue to meet the Silver Rating National Green Building Standard and to ensure that the EV Charging stations are constructed and in working order. This systems auditing process is based on the schedule attached and contained within Exhibit 'IF". The Developer shall provide the Systems Audit Report to the City's Development Services Department on an annual basis, beginning April 30th in the year in which funding begins pursuant Section 6.2 and no later than April 30th of each year thereafter for duration of this Agreement indicating the units' compliance with the Silver Rating of the National Green Building Standard. 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. 004190214 Page 5 of 17 5.3.2 The examinations and opinions included in the systems audit required wider this Section must be conducted in accordance with the definition of systems auditing contained in Section 2 of this Agreement. 5-3-3 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 Silver Rating of the National Green Building Standard. Each annual performance audit must be submitted to the City's Development Services Department no later than the last day of April for the preceding year. The City shall either accept the audit as sufficient or make the determination that the audit and/or documentation for the audit are deficient, and shall so notify the CRA in writing, within twenty (20) days of receipt of Systems Audit Report. In the event of notification of deficiencies by the City to the CRA, the CRA shall notify the Developer of such deficiencies and distribution of Direct Incentive funding shall be suspended until resolution of the deficiencies. If deficiencies are not resolved to the CRA's satisfaction and a sufficient Systems Audit Report is not submitted to the CRA within 90 days of receipt of notice by the CRA that the submitted Systems Audit Report is deficient, the Developer shall be in breach of this Agreement and the CRA may pursue all remedies available to it under this Agreement and at law and in equity. 5.3.4 Disbursement of Direct Incentive Funding shall occur upon (1) the CRA's acceptance of a properly documented and sufficient Systems Audit Report by the CRA Board demonstrating compliance with the provisions of this Agreement, (2) final certification of tax assessments within the CRA District by the Palm. Beach County Property Appraiser for the preceding year, and (3) documents evidencing payment by the Developer of all ad valorem taxes for the preceding year. 5®4 Inspection, Upon providing Developer ten (10) business days prior written notice at any time during normal business hours and as often as the CRA deems necessary the Developer shall make available to the CRA for examination, all of its records pertaining to the Systems Audits of the units at Developer's office with respect to all matters covered by this Agreement. The CRA reserves the right to require copies of such records and/or to conduct an inspection of the Developer's records regarding this Agreement at any time for any period covered by this Agreement,all at the CRA's cost and expense. Any delay in the production of documents requested by the CRA shall toll the CRA's time for review of a request for distribution of funds. 55®5 Non-Compliance. In any year in which the Systems Audit Report discloses that Developer is in non-compliance in any material respect with the requirements of the Silver Rating National Green Building Standard, the Developer may be deemed in default of this Agreement and after the exhaustion of all opportunities to Cure the Default available to Developer as set forth in Section 8, the CRA will be entitled to all appropriate remedies at law and equity, including but not limited to the remedies set forth in Section 8 below and the CRA, may cease making any further the Direct Incentive Funding to the Developer. Exceeding the agreed upon requirements of the Gold Rating National Green Building Standard in any given subject year shall not entitle the Developer to additional funding under this Agreement or to a credit or set-off against any reduction in funds due to failure to meet the Gold Rating National Green Building Standard hereunder. Section 6. Direct Incentive Funding. The Direct incentive Funding provided for under this Agreement is granted to the Developer for the purpose of offsetting, in part, the Developer's cost of creating and maintaining the energy efficiency improvements, including the improvements necessary to attain the Silver Rating National Green Building Standard and of constructing the 6,600 sq. ft. of office space within the Project. W41802 L4 Page 6 of 17 bb®1 Direct Incentive Fun Formula and Term. The CRA hereby agrees to provide Direct Incentive Funding, that is, to pledge and assign to Developer pursuant to the terms of this Agreement for a period of ten(10) consecutive years, as provided herein, an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section 5 above due to the failure of the Developer to comply with the terms of this Agreement. No Direct Incentive Funding payments shall be made if the Developer is in default under the terms of this agreement and Developer has failed to sufficiently cure the default as provided herein. The amount of the Direct Incentive Funding is based on the following formula: Project Increment Revenue times the agreed upon percentage factor paid to Developer each year for a ten year period. The CRA has agreed to pay the Developer the following annual percentage factors: Years One—Four: Seventy-Five Percent of the Pledged Project Increment Revenues Years Five—Seven: Fifty Percent of the Pledged Project Increment Revenues Years Eight—Ten: Twenty-Five Percent of the Pledged Project Increment Revenues bb®2 Commencement and Conditions of Funding. The ten (10) year to for the payment of Direct Incentive Funding to Developer by the CRA shall commence on the last day of year that the following conditions are met: A. The 6,600 square feet of Class A Office Space is at a minimum shell complete and all phases of the Project have received either a Certificate of Completion or Certificate of Use from the City of Boynton Beach, B. All phases including the residential, office and retail portions of the Project have been placed on the Tax Roll, C. The CRA has received Project Increment Revenues from all phases of the Project; D. The Systems Audit Report is received and found to be sufficient by the City and CRA. and E. Developer is in compliance with the terms of this Agreement F. Proof of installation and ongoing efficiency of the three (3) EV charging stations 6.3 Disbursement of Funds. Subject to the CRA finding that the conditions in Section 6.2 have been meet and determining that the Developer is not in breach of the terms of this Agreement, the CRA shall begin annual disbursement of the Direct Incentive Funding upon(1)the CRA Board's acceptance of a sufficient annual Systems Audit Report, (2) final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year, and (3) documents evidencing payment by the Developer of ad valorem taxes for the preceding year. There is no obligation by the CRA to disburse the Direct Incentive Funding during any cure period or in the event the Developer is in default of this Agreement. 6.4 No Prior le 2e of Pledged Project JIncrement Revenues. The CRA wan-ants and represents that the Pledged Project Increment Revenues are not the subject of any prior pledge by the OMIBD214 Page 7 of 17 CRA and-agrees that such revenues shall not be assigned, pledged, hypothecated or secured by the CRA for the period covered by term of this Agreement. ® Suboirdination. Any pledge of Pledged Project Increment Revenue pursuant to this Agreement is subordinate to the pledge of the tax increment revenue given to secure the CRA's Tax Increment Revenue Bonds pursuant to Resolution No. 04-04, adopted December 6,2004,as amended and supplemented. Section 7. Restrictive Covenant. Upon completion of the Project and prior to the issuance of final Certificates of Occupancy by the City, the Developer shall prepare a Restrictive Covenant Agreement meeting the requirements outlined in this Agreement. The Restrictive Covenants shall be approved by the CRA which approval shall not be unreasonably withheld or delayed or conditioned. The Restrictive Covenant Agreement shall be recorded and shall contain restrictive covenants including, at least,the following terms: 7.1 Restrictive Covenants. The restrictive covenants governing Certification shall include the following: 7.1.1 All Units shall be certified to achieve the Silver Rating National Green Building Standard and no restrictions shall be adopted which prohibit or limit the ability to achieve or maintain said standard. The Restrictive Covenants shall also provide that three EV Charging Stations shall also be placed on site and maintained as reflected on Exhibit"E"; 7.1.2 Reference to the Occupant Manuals and availability of Training regarding the green attributes of each unit and the Project as required above in Section 5; 7.1.3 The Restrictive Covenants shall terminate at such time as this Agreement terminates as provided herein, including but not limited to Sections 4 and 8; 7.1.4 The Restrictive Covenants shall reference the required annual Systems Audit set forth in Section 5 above and provide the CRA the right to access the units during normal business hours after providing reasonable notice to be audited for the duration of this Agreement. Section S. Limitation on the Assignment of Project Ownership. Assigmnent of the Project ownership to any other entity or personnel, including those listed on the Florida Department of State Division of Corporations Annual Report filed April 24, 2014 as evidenced in Exhibit prior to the issuance of the Certificate of Occupancy for the entirety of the Project shall make this Agreement null and void. In this event,the CRA shall not be liable for payment of any of the Direct Incentive Funding under the terms of this Agreement. Notwithstanding the foregoing, assignment of ownership pursuant to the exercise of foreclosure by Developers mortgagee shall be permitted. Section 9. Events of Default,Remedies and Termination. 9®1 Default, Upon the occurrence of any one or more of the following events, the CRA may, at its sole discretion,terminate this Agreement and any and all Direct Incentive Funding under this Agreement upon occurrence of any one or more of the following events of default. The CRA may, at its sole option,continue to make payments or portions of payments after the occurrence of one or more of such events without waiving the right to exercise such remedies and without incurring liability for further payment.The following shall constitute events of default: OD418021-4 Page 8 of 17 2.1.1 Any inaccurate, incomplete, false or misleading statements made by Developer or its agents or representatives to the CRA with regard to the negotiation, drafting and representations in this Agreement or any associated Direct Incentive Program Applications or documents; 9.1.2 Prior to the issuance of the Certificate of Occupancy for the entire Project, if SKYE AT BOYNTON EACH, LLC, the Developer, is vacated, abandoned, or closed or otherwise ceases to exist except for a permitted assignment or transfer of such limited liability entity;. 9.1.3 Any breach by or failure of the Developer to observe or perform any of the terms, covenants, conditions,obligations, or provisions of this Agreement in any material respect and the Developer's failure to cure the same for a period exceeding thirty (90) days after receipt of written notice from the CRA of the breach of failure to perform. If the CRA determines that the nature of Developer's default is such that more than ninety (90) days are reasonably required for its cure, then Developer shall not be deemed to be in default if Developer commenced such cure within said 90-day period and thereafter diligently pursues such cure to completion; 9.1.4 The making by Developer of any general assignment, or general arrangement for the benefit of creditors; 9.1.5 The filing by or against Developer of a petition to have the Developer adjudged bankrupt or a petition for reorganization or arrangement under any law relating to banluuptcy unless, in the case of a petition filed against the Developer, the same is not dismissed within one hundred twenty(120)days; 9.1.6 Appointment of a trustee or receiver to take possession of substantially all of Developer's assets,where possession is not restored to Developer within one hundred twenty(120) days; 9.1.7 The attachment, execution or other judicial seizure of substantially all of Developer's assets where such seizure is not discharged within one hundred twenty(120)days; 9.1.8 Should the Site Plan, building or any other necessary permit expire at any time, and should Developer fail to apply for a renewal or extension within sixty (60) days of the expiration of the permit or Site Plan, then this Agreement shall terminate and be of no further force and effect. 9.1.9 Should the Developer modify the Site Plan in a material manner, as determined by the CRA, with regard to the Silver Rating National Green Building Standard elements of the project and/or the square footage of office space without approval from the CRA then this Agreement shall terminate and be of no further force and effect. 99®2 Remedies. Upon the occurrence of any one or more of the foregoing events of default as set forth in Section 9.1, CRA shall at its option, give notice in writing to the Developer to cure its breach or failure of performance if such failure may be cured. Developer shall not be entitled to any Direct Incentive Funding disbursements until the default is cured, The CRA retains the sole discretion as to whether to disperse any Direct Incentive Funding withheld as a result of the Developer's breach or failure to perform until Developer cures the same pursuant to this Agreement. Upon the failure of Developer to cure within (90) days or such longer reasonable period determined by the CRA if Developer is diligently pursing a cure,the CRA may exercise any one or more of the following remedies: W418021-4 Page 9 of 17 9.2.1 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. 9.2.2 Commence a legal action for the judicial enforcement of this Agreement. 9.2.3 Temporarily or permanently withhold the disbursement of any Direct Incentive Funding disbursement or any portion of a disbursement and discontinue any ftuther disbursements. 9.2.4 Take any other remedial actions available at law and in equity, 9®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,to be paid by the non-prevailing party. 99®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. 9.5 Strict Performance. No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amounts due under this Agreement during the continuance(or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement,term, or condition or of any other covenant, agreement, 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. 99®6 Remedies Under Banliruptcy 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. 00418021-4 Page 10 of 17 9.7 Termination. The obligations of Developer and GRA shall terminate upon the earlier of(i) expiration of the Direct Incentive Funding payments to Developer as provided in Section 6 above as a result of the expiration of the agreed upon payment periods; or(ii) failure by the Developer to complete the Project before July 30, 2017, unless extended as provided by written agreement of the parties. Section 10. General Conditions. 10.1 CRA's Maintenance of Records and Annual Account Fundi Commencing with the Effective Date, the CRA shall maintain and administer separate financial records which reflect the terms of this Agreement. Such records shall clearly document for the benefit of the CRA and the Developer, the Base Year amount and the annual Project Increment Revenues collected by the CRA attributable to the Project and the annual Direct Incentive Funding payments owing and paid to Developer under this Agreement. 10.2 Successors and Assigns. The CRA and Developer each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other 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 day notice to CRA. 10.3 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. 10.4 Indemnifikation and Hold Harmless. The Developer agrees to protect, defend, reimburse, inder;;ify 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. 004190214 Page 11 of 17 10.5 Notices and other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, orserved 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: Tom Hayden SKYE AT BOYNTON BEACH,LLC 650 S.Northlake Boulevard Suite 450 Altamonte Springs,FL 32701 With a copy to: Gerald Biondo Mural Wald Biondo&Moreno,P.A. 1200 Ponce de Leon Blvd. Coral Gables,FL 33134 If to CRA: Vivian Brooks,Executive Director Boynton Beach Community Redevelopment Agency 710 N.Federal Highway Boynton Beach,Florida 33435 With a copy to: Tara Duby Lewis,Longman&Walker,P.A. 515 N.Flagler Drive,#1500 West Palm Beach,FL 33401 LO.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. 10.5.2 Every Notice shall be effective on the date actually received, as indicated on the receipt therefore,or on the to delivery thereof is refused by the intended recipient. 10.6 Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 10.7 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. 10.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any Exhibit not physically attached shall be treated asp of this Agreement and are incorporated herein by reference. 00418021-4 Page 12 of 17 10.9 Sever abffl_q, If any provision of this Agreement or application thereof to any person or situations 1,to any extent,be held invalid or unenforceable,the remainder of this Agreement, and the application of such provisions to persons or situations other thm those as to which itshall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 10.10 Priority of Igte — Xpretation. In the event of any conflict between the termsand conditions of this Agreement and the Direct Incentive Program, the terms and conditions of this Agreement shall prevail. 10.11 Headin2s. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 10.12 Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. 10.13 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and the Developer(or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. Section 11. REErding. 1.1.1 This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 11.2 Any obligation so created by this Agreement shall be effective as 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, This agreement and the rights and obligations hereunder, including without limiting the generality of the foregoing, the Restrictive Covenant, are subordinate in all respects to any first mortgage lien now or hereafter placed on the Property. 11.3 Nothing contained in this Amendment shall be deemed to be a right in favor of, or a duty to, the general public or any tenant occupant, invite,trespass or person or entity of any other status or classification for any reason, use or purpose whatsoever, whether public or private, it being the intention of the parties hereto that nothing in this Agreement, expressed or implied, shall confer upon any person or entity any such right or duty. Rights granted to,or duty in favor of, a third party beneficiary are neither intended nor granted. 11.4 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, W18021-4 Page 13 of 17 execute such additional documents in recordable form as may be necessary or convenient to evidence this promise and provision. Section 12. Public Records The Boynton Beach Community Redevelopment Agency is public agency subject to Chapter 119, Florida Statutes. To the extent the Developer generates or maintains documents considered public records pursuant to Florida Statutes as a result of this agreement, Developer shall comply with Florida's Public Records Law. Specifically, the Developer shall: Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the service; Provide the public with access to such public records by providing the same to the CRA upon request on the same terms and conditions that the CRA would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and Meet all requirements for retaining public records and transfer to the CRA, at no cost, all public records in possession of the Developer upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the CRA in a format that is compatible with the information technology systems of the agency. The failure of Developer to comply with the provisions set forth in this agreement/contract shall constitute a default and breach of this Agreement. If Developer fails to cure the default within seven(7)days' notice from the CRA,the CRA may terminate the Agreement. Section 13. Total or Partial Destruction. 13.1 If the Project shall be damaged by fire, the elements, unavoidable accident or other casualty, so that compliance in any material respects by the Developer with the agreed upon Silver Rating National Green Building Standards as set forth in this Agreement is impossible, interrupted or frustrated, or if as a result of such damage by 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 fall force and effect so long as the Developer commences within thirty (30) days of the event the obtaining of building permits for the restoration and repairs and once issued diligently pursues such repair and/or restoration until completion.If Developer has not commenced repairs and restoration within ninety(90) days, the CRA may terminate this Agreement. It is understood, acknowledged and agreed that in the event of damage that exceed the normal and customary insurance deductible of the Developer that Developer must apply for and then receive insurance proceeds in order to commence restoration and repair. So long as the Developer timely applies for and is diligently pursuing the receipt of such insurance proceeds, Developer shall have complied with the preceding requirement provided such repairs and restoration are completed within six(6)months of the dates of the event. In the event of a natural disaster, Act of God or similar major catastrophe the parties acknowledge, understand and agree that performance as to repair or restoration may not be possible within the time frames stated 00418021-4 Page 14 of 17 above and the Developer shall be given such time as is reasonable to commence repairs and restoration and to complete same. During the period that the Project is being repaired and restored, the CRA shall have no obligation to disburse Direct Incentive Funding to Developer. If repairs and restoration have not been completed within one(1) year of the event of natural disaster, Act or God or major catastrophe, the CRA may terminate this Agreement. 13.2 This Section 11 shall be paramount to all other provisions of this Agreement, including but not limited to Section 4 and Section 8. [SIGNATURES ON FOLLOWING PAGES] W419021.4 Page 15 of 17 IN WITNESS OF THE FOREGOING, e parties have set their hands and seals the day and year first above written. WITNESSES SKYE AT BOYNTON BEACH,LLC a Florida limited lis ' ' y company ri ,/oz By: Print am1. ' Print Name: Title: Print e: STATE OF FLORIDA } SS: COUNTY OF � �„ } BEFORE ME, an officer duly authorized by law to adm' ter oaths and take acknowledgments, personally appeared tfr as of SKYE AT BOYNTON BEACH, LLC, and acknoirledged under oath that he/she has executed the foregoing Agreement as the proper official of SKYE AT BOYNTON BEACH, LLC, for the use and purposes mentions er '.__and..,that the instrument is the act and deed of S AT BOYNTON BEACH, LLC. Hels4e,igjpersonally ow 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 y of 2015. �t1l�lttl�uyltr M+AHA��f�i`i y Commission Exp No blit, S t of Flori a atYLarge IG ® E INTENTIONALLYT [CITY SIGNATURE ON FOLLOWING PAGE] 00416621-4 Page 16 of 17 WITNESSES BOYNTON BEACH COMMUNITY RED VELOPME GENCY 1 . I By: 2 ........................ ......... kyl -n A Print Name:.6.. A z -A-Q. -Sc Talo C" STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME.4ffi.!ffC �d �tho �edby law to drit oathand take acknowledgments, s personally appeared as of BOYNTON BEACH COMMUNI?Y- REDEVLOPMEOt AGENCY, and acknowledged undei oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOP M =Y, for the use and purposes mentioned herein and that the instrument is the act --Rd�e-W 0 BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personally kno.:wn to me or has p duced as identification. IN WITNESS 0 IF, FORE OING, have set my hand and oficial seal at in the State and County aforesaid on this L-,dayof*19k. '_ 015. Pub ic, State f loril at g? My Commission Expires: 0 ic, of rida at L&ge W4180214 Page 17 of 17 — �I I �F w i ri wr s„ ' e� ., ii � �;, „ i i °;. � Ilei _•S -4�vi: J , kA Lin uj LU IN F , ��_"�� C�i ��r��{c }i}� {i)7i�g � '�� ,� s�� S �� t� 54;5 ��.o •�).}; d�l.,1 � ,1 i f�� I Y � J m 11 nu, ti. V � tJti?` I , j , 1 L�� lrf i F tltl BASEVALUE >y f g r P,A 4 d Lowlon Address 101 Forcel Conift!Number 05-43-45-2"3-007-WI 0 Sak DM ® 1 y q f ®P25, ALL OFTOM OP IN PSI SPIS&Pr OF ABUD 39 2ND AVE, Olmlow PO KIM 25999 'CAP59WRESMUC SHAWNEE MOM 95 66225 5999 SL44 Deal FAM OR ftvkntp D .-im Ownst JLL-2011 $5,W0 24660/0327 p e ! DEC-1994t Mr.imt09553/0915 CEffF OF lrITLE crT-I $100 084.97/0154 CEL'rDFTnU la . Mmminr of Uoits 0 OtMl Square Feet 2337 Acm 4.5171 Un Coft 17 -OFFICE ONE STORY 1 T"Vurw 2013 2012 S23.590 523,471 SS.017,533 P 1P93.541,788 Tow K%dw Value $5,069,017 $3,565,378 S3,565,259 All vakm as=o9jEnimmy Ist each yaw Tax Yew M4 2013 =12 $3,921,916 P 3,37 $3.565.259 hmp*n Apnwm $0 to so Tiocable Value $3,921,914 P P T 3®365,25 2012 Ad VWwm $97.504 $60,673 Mm Ad Vaknw S1,065 sm Ma TOW im SSIM9 S81,9291 P 1 EXHIBIT"C" 2012 MM; RYSjeBk® p.............. we akar miz Vv -.,-4MXd- SQgSdi AMSRun Bwtlmlatb mRa#wmarwb wenm emawWk lnS davWainMmaiun¢. 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Cornmon Area Nems V" FunctionalEVchargingstations V Verify that IffWan system Is functioning liahting moWn sensors are ftmcdoning I Unit Iterns l Inspection af buildingweather stripped, or waled, Joints, !n caulkeA fleshed,sealed appropdately Openings ii ,lambs, Verify shcaver hands and faucets remain Inswiled as d ) alarmsCheck carbon moncadde beingCheck that MERV 8 fifters are still se DrWr exhaust cionnection Is maintained Kitchen exhaust hood functions prope* Hot water heating pipe Insuilation behindV' Leave n educational brochure detallins: green buUdkq features and energy conservation tips, fterawstat control wt polaft baneft f turning lights Gmw BuIlding Mamurs Verfkation Plmn Each residential unit will be vadfied in acwrdance with thq verfttlon plan outlined in the table below. I"ift", ad P*r Floor Witr Floomwm Al M Uwdtc. 1 13 3 0 33 34 DI UnHaVedfled r Floor a 13 0 21 34 EDJ"II rfg*d r Dor 3 33 0 1 34 01 URPIW V*dM?ad Per F r 34 1 U"Ift Orlin T Rwr 2 34 En Unth Variffod 0 34 34 Z4 Its verme r Floor 34 34 —0 Year Moorm omit I'm Mevors"ad For to 4 14 Detail by Document Number http://search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetai Exhibit "G" Horse Contact Us � -Fifing Servicas Docup4nent Searches Fonris NO ii i Detail u r Floridaimited LlatatLg2MgM SKYE AT BOYNTON BEACH, LLC Filing Document Number L15000045440 FEI/ElN Number NONE Date Filed 03/1212015 Effective 03/1212015 state L Status IV 650 S. NORTHLAKE BLVD ALTAMONTE SPRINGS, L 32701 Mailing 660 S. NORTHILAKE LV ALTAMONTE SPRINGS, 1 Registered Agent Name &Address LECESSE DEVELOPMENTCORP. 650 S. NORTHLAKE BLVD. SUITE ALTAMONTE SPRINGS, 1 Authorized l f Name &Address Title SALVADOR 650 S. NORTHLAKE BLVD., SUITE ALTAMONTE SPRINGS, l= 1 Title MORGAN, ROBERT 1080 PITTSFORDVICTOR ROAD PITTSFORD, NY1 3 Loeyrkliat®and f Ek4QLRgjGjP,e State of Florida,Department of State 1 of 3 4/13/2015 5:08 PM Detafl by Document Number http://search.sunbiz.org/Inquity/CorporationSearch/SearchResultDetai FIEBER, JIM 47 ELM STREET NEW CANAAN, CT 06840 Title VP FLYNN, JOHN 650 S NORTHLAKE BLVD., SUITE 450 ALTAMONTE SPRINGS, FL 32701 Title VP KAALI-NAGY, DAMIEN 21 SOUTH AVENUE NEW CANAAN, CT 06840 ARBMIL&R2ELs No Annual Reports Filed Document Im9ges 03/12/2015--- Rofida Limitpri I Iifity,i View image in PDF format 2 of 3 4113/2015 5:08 PM Electronic Articles of Organization L15000045440 For FILED 8:00 AM March 12 2015 Florida Limited Liability Company Sec. Of State sybung Article I The name of the Limited Liability Company is: SKYE AT BOYNTON BEACH, LLC Article 11 The street address of the principal office of the Limited Liability Company is: 650 S. NORTHLAKE BLVD ALTAMONTE SPRINGS, FL. US 32701 The mailmg address of the Linuted Liability Company is: 650 S. NORTHLAKE BLVD ALTAMONTE SPRINGS, FL. US 32701 Article III The name and Florida street address of the registered agent is: LECESSE DEVELOPMENT CORP. 650 S. NKE BLVD. SUITE 650 ALTAMONTE SPRINGS, FL. 32701 Having been named asretistered agent and to accept service of process for the above stated limited bability company at the p ace designated in this certificate, I hereby accept the�appointment as registered agent and a e to act in this caFacity. I further agree to comply with the provisions of all s r tatutes j e relating to e proper and comp ete performance of my duties, and I am familiar wilh and accept the obligations of my position as registered agent. Registered Agent SignaWre: SALVADOR LECCESE Article IV L15000045440 The name and address of person(s) authorized to manage LLC: FILED 8:00 AM March 12 2015 Title: PRES Sec. Of Stite SALVADOR LECCESE iyoung 650 S. NORTHLAKE BLVD., SUITE 450 ALTAMONTE SPRINGS, FL. 32701 US Title: VP ROBERT MORGAN 1080 PITTSFORD VICTOR ROAD PITTSFORD, NY. 14534 US Title: VP JIM FIEBER 47 ELM STREET NEW CANAAN, CT. 06840 US Title: VP JOHN FLYNN 650 S NORTHLAKE BLVD., SUITE 450 ALTAMONTE SPRINGS, FL. 32701 US Title: VP DAMIEN —ISTAGY 21 SOUTH AVENUE NEW CANAAN, CT. 06840 US Article V The effective date for this Lumted Liability Company shall be: 03112/2015 Signature of member or an authorized representative Electronic Signature: GERALD J. BIONDO, ESQ. I am the member or authorized representative submitting these Articles of Or anization and affirm that the facts stated hemin are true. I am aware 1hat false information submitted in a gocument to the Department of State constitutes a fifird degree felony as provided for in s.817.155, F.S. I understand the requirement to filean annual reT and ery year ort between January 1 st and May I st in the calendar year following formation of the LLC ev creafter to maintain"active" status. THIRD AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT This Third Amendment to Direct Incentive Funding Agreement ("First Amendment"), made the day of February , 2020, by and between BOYNTON BEACH COMMUNITY REDEVOLOPMENT AGENCY, a public agency, whose address is 710 North Federal Highway, Boynton Beach, Florida 33435, (hereinafter referred to as "CRA"), and SKYE AT BOYNTON BEACH , LLC, a Florida Limited Liability Company, whose address is 650 South Northlake Blvd., Suite 450, Altamonte Springs, FL 32701 (hereinafter collectively referred to as the "Developer"). (Developer and CRA are collectively referred to as the "Parties") RECITALS A. WHEREAS, on or about May 25, 2015 the Parties entered into a Direct Incentive Funding Agreement, that was recorded on March 1,2017 in OR Book 28920at Page 643, as amended by instrument recorded in OR Book 29973 Page 1991 both in the Public Records of Palm Beach (collectively the "Direct Incentive Agreement"); and B. WHEREAS, the Direct Incentive Agreement has a discrepancy between: (i.) Section 6.1, which properly provides that the Developer shall be entitled to an Annual Percentage Factor of Fifty Percent (50%) for years Five (5) through Seven (7), and (ii) Exhibit "D," which improperly indicates that the Annual Percentage Factor is Fifty Percent (50%) for years Five (5) and Six (6) and Twenty Five Percent (25%) for years Seven (7) through Ten (10); and C. WHEREAS, the Parties desire to amend certain terms and conditions of the Agreement as more particularly described below: NOW THEREFORE, in consideration of the Recitals, the mutual covenants and agreements contained in this Third Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. The above recitals are hereby incorporated as if fully set forth herein.. 2. Exhibit" D" to .the Direct Incentive Agreement is modified to prov de that the Annual Percentage Factor for years Five through Seven (5-7) is Fifty Percent (50%) and for years Eight(8)through Ten (10) the Annual Percentage Factor shall be Twenty Five Percent(25%). 3. Except as expressly set forth in this Third Amendment, the Direct Incentive Agreement is unmodified and remains in full force and effect,and is hereby ratified and confirmed by the Parties. To the extent of any conflict between the Direct Incentive Agreement and this Third Amendment, this Third Amendment shall control 4. This Third Amendment may be signed in counterparts, and the compilation of all executed pages will constitute a single, fully executed, original. An electronically transmitted signature shall be constituted as an original. 61249372-1 WITNESSES SKYE AT BOYNTON BEACH, LLC By:. .m. ...... _ W�f-' Print Name: Print �a`ame: Jo} Flynn Tit e: Vi- 'resident Print Name: loki Date: WITNESSES BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: _ Print Name: Print Name: Title: Print Name: Date: 01249400-1 2 BOYN wwwBEACH "CRA '0 CRA BOARD MEETING OF: March 10, 2020 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 7.A. SUBJECT: Rock the Plaza on February 29, 2020 at Ocean Palm Plaza Recap SUMMARY: On February 29, 2020, the CRA hosted Rock the Plaza at the Ocean Palm Plaza, located at 1600 N. Federal Highway. The event featured live music by the band The Flyers, family-friendly activities, and various offerings from the retail businesses located within the plaza. Also, there were two ceremonial ribbon cuttings conducted for the opening of the Boynton Beach Police Department's new sub- station and the one year anniversary of Your C B D Store. Event patrons were encouraged to play Rock the Word Puzzle, a business development game that was created to encourage foot traffic throughout the plaza.Thirteen of the businesses located within the plaza were featured on the playing card: Your CBD Store, Del Sol Bakery, Zala Multi- Services, Bonzouti Restaurant, Americlean Dry Cleaner, Florida Tackle Company, Global Food Market, Metro PCS, Boynton Beach Police Department, Barber Shop, Royal Beauty Supply, Pro Day Fitness, and Boynton Wine & Spirits. CRA event staff elicited feedback from plaza merchants through verbal conversations and a survey that was distributed via email after the event. Overall, the participating merchants were incredibly satisfied with the event and felt that it was a successful endeavor. EVENT MARKETING & BUSINESS DEVELOPMENT Neighborhood News - Working with Neighborhood News to reach out to the western Boynton Beach communities, this marketing strategy will continue to promote downtown Boynton Beach. The February full-page color ad features Rock the Plaza with an editorial on the event. This publication is mailed to 17,500 homes/clubhouses, with over 10,000 additional subscribers that read the digital edition online and on Facebook(see Exhibit A). Cost: $450.00 Delray Newspaper - The February issue of the Delray Newspaper featured a full-page color ad highlighting the Rock the Plaza event at Ocean Palm Plaza. This publication reaches over 15,000 direct online readers, has a circulation of 12,000 papers distributed to 250 locations in Palm Beach County, and is mailed directly to over 2,000 homes. As a bonus, the ad will be displayed in the Boca Newspaper with 12,000 more papers distributed in Boca Raton (see Exhibit B). Cost: $695.00 Posters & Postcards - Marketing material such as 20 posters and 1,500 6"x 9" postcards for Rock the Plaza were delivered to businesses in the CRA area and the Congress Avenue corridor(see Exhibit C). Cost: $275.00 Signage - 4' x 8' and 4' x 4' signage for Rock the Plaza went up in three locations in Boynton Beach to let the community know about the event (see Exhibit D). Cost: $340.00 Movie Theaters - A screen shot advertisement of Rock the Plaza Ocean Palm Plaza/ Blarney Bash aired at Movies of Lake Worth in all 6 theaters and Movies of Delray in all 5 theaters as an opening to the scheduled movies from 10 am until 9 pm. The screen shot advertisement aired January 22 — February 28 (see Exhibit E). Cost: $400.00 Gateway Gazette -As part of the ongoing marketing efforts to promote Rock the Plaza while supporting the local businesses a full-page ad was created in the Gateway Gazette. The ad featured the event encouraging readers to come out listen to live music by The Flyers, visit the businesses and Rock the Ocean Palm Plaza. This ad was featured online at www.sun- sentinel.com/community/gateway-gazette (see Exhibit F).Cost: $303.00 Coastal Star-The Coastal Star newspaper serves the eastern community of Hypoluxo Island, South Palm Beach, Manalapan, Ocean Ridge, Briny Breezes, Gulf Stream and coastal Delray which reaches out to that specific demographic. The 1/4 page Rock the Plaza ad appeared in the northern addition also as a bonus it appeared in the Southern addition, which cover Boca Raton and Highland Beach (see Exhibit G). Cost: $525.00 Rock the Plaza Ocean Palm Plaza - Rock the Word Puzzle - CRA Staff created a Word Puzzle game for the Rock the Plaza attendees, making sure they visit each business in the plaza. Attendees had to solve the word puzzle by using the words provided by the businesses. Fill out the survey on back and turn it in at the Information Booth for the drawing on March 2, 2020. The winner received gift certificates from the participating businesses and a $50 Visa gift card provided by Kings Learning Academy. (see Exhibit H). Cost: $225.00 Social Media - The Boynton Beach CRA utilizes its social media platforms (Facebook, I nstagram and Twitter) weekly as a way to build awareness and engage the residents, visitors, and business communities of the CRA projects and programs. The month of February 2020, staff promoted the Rock the Plaza event - Ocean Palm Plaza, which will, took place on February 29, 2020. Through Facebook, I nstagram, and Twitter, staff has created six organic posts on Facebook which included a video of Ocean Palm Plaza and one paid Facebook ad to promote the event. Organic posts had a total reach of 2,854 and total engagement (likes, comments, shares, clicks) of 135. The one paid ad had a total reach of 3,578, an event response of 109 with a total cost of $100.00. Staff also created a Facebook event page to assist in promoting of the event. The event page was able to reach of 44,000 people and had 539 people that selected "interested" or "going" to the event. CRA Staff created three Twitter posts with 1,686 impressions and 25 total engagements. The one I nstagram post with 21 total engagements and reach of 380. (See Exhibit 1) Cost: $100.00 FISCAL IMPACT: FY 2019-2020 Budget, Project Fund, Line Item 02-58500-480, $6,600 for the event and $3,313 for marketing CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required from the CRA Board at this time. ATTACHMENTS: Description D ExhibitA-H D Exhibit I ENJOY FREE LIVE MUSIC H VISIT THE OCEAN PALM PLAZA BUSINESSES nv THE PLAZA • e e ENJOY FREE LIVE MUSIC H VISIT THE OCEAN PALM PLAZA BUSINESSES Fm THE PLAZA ® e ENJOY FREE LIVE MUSIC 8 VISIT THE OCEAN PALM PLAZA BUSINESSES _ _ E «t THE PLAZA a„ ENJOY FREE LIVE MUSIC B VISI' THE OCEAN PALM PLAZA BUSINESSES --------------7 �� THE PLAZA b - � BOYN ■ MBEANTCRA 1 1 1 Exhibit D — Signage 1 Hill Ifs I ONE ■■■ ■■ BBYNT[IN BEACH :'N:NO . BEAC H CRA COMMUNITY REDEVELOPMENT AGENCY Exhibit E - Movie Theater � s � � o 8 U SAT. NIAR 114- 4 _ ^PN1- ■■■ 111SINT11 1Y ■ ■■ CatchBoynton.cem BOYNTON BEACH ® 'ORA Exhibit F - Gateway Gazette ENJOY FREE LIVE MUSIC Fr VISIT THE OCEAN PALM PLAZA BUSINESSES R-Q { BOYNTON BEACH a Exhibit G — Coastal Star r fi BOYNTON FiEA�N BAH !I'.CR CATCHB O I I TON.CO Wor Puzzle he Rock 1. Solve the word puzzle by using the words provided by the participating businesses 2.Visit each business for the word and write the word on the puzzle 3.Please fill out the survey on the back& provide your name, email and phone number 4.Turn it in at the Information Booth for the drawing on Monday, March 2, 2020 ---------------------------------- ■ C THE PLAZA A OCEAN PALM PLAZA 1..Have you previously visited the Ocean Palm Plaza? o Yes No 2.Did you or do you plan to patronize any of the businesses below during or after today's event? o Americlean Dry Cleaner o Global Food Market o Barber Shop o Metro PCS o Bonzouti Restaurant o Pro Day Fitness o Boynton Beach Police Department o Royal Beauty Supply o Boynton Wine&Spirits o Your CBD Store o Del Sol Bakery o Zala Multi-Services o Florida Tackle Company 3.While visiting the businesses located at Ocean Palm Plaza how much money do you anticipate spending? 0 $0 o $50-$100 o $1-$25 o $100-$150 o $25-$50 r_, $150+ 4.Now did you hear about this event?Please select all that apply. o Social media o Signage—street signs or billboard o Internet Advertisement o Word of mouth c Newspaper/Magazine Ad o Wasvisiting plaza for another c Poster/Postcard reason and saw event set-up c Flyer received in mail S.Now many people are in your party? c Adults c Children 6.Please select your AGE RANGE: o 18-24 a 35-44 o 55-64 o 25-34 c 45-54 o 65+ 7.Where is your primary residence? o Boynton Beach o Delray Beach o Lake Worth o Other 8.To receive more information about upcoming free events write your email address below. NAME PHONE EMAIL Exhibit I — Facebook Post Post Details Performance for Your Post Boynton Beach CRA V6 Like Page, 430 Super exCileld tC have fir. r'11,'E.RS, perform at flhe Pl'aza- -ea I 11-1';PI-sr.: To u n d t h 4 i deo 0f t h,e mi f rro m a fev,,ve a r$aq 0 J Ole �-ainCK and jonjan alv,.avve,a ri>r of fur)arty me,'realkc kncv,Piov,ti 6 6 0 1 1 0 0 0 0 0 0 0 10 �...........� .................... 1111 IN ......................1 111 !1 1 ,1CS 7 3 NEGATiVE FEEDBACK The Flyers-Another Brick In The Wall(Bacon&Bourbon Fest 3118116) -,yv Get More Likes,Comments and Shares When you boost this post,you'll show ft to more pea-pile. 430 17 T-F I Y'F R hr r R IF�'1,r e "L 'I Comm, ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Exhibit I — Facebook Post Post Detafls Perfonnance for Your Post Boynton Beach CRA 11; v, 0 404 Just ore vcet-,k Out Irom P'lack:Hhe Pli,,-,j-Oceaxi PPla:a�Don't r11,55 THIE aU�ERS fi-cm, Myl-EPA' 7 5 2 0 u tib 0 8 1 6 lam E G A E E,D Eb A,K 2 Get M o�re Lakes Com menu and Shares Il ger,yQ A 000�l!--posi,yo,u 11 znow at to more people 404 17 L c S r a,,C, C wnrn P n t Sharp ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Exhibit I - Facebook Post Baynton Beach CRA 5 12 Heres'"+'P7at�o expect al Ro N I ie B I "a,,.Oa,,�w Pall R c.iis -Foo,d uurk ind, Sol r aker� 6 4 2 0 4 0 40. 2 0 2 4 1' 0 0 0 MEN No E on on GICEAN PFALM PLAZA ,,d Get More Likes Comments and Shares �Nhen,yoj boos,,!haspcsi,yvuT show,tm mo,e pzc:1,e. 512 28 �'� L r k �..... i.or7.rirr.. �.,,' al-i:.rs �,. Exhibit I — Facebook Post Post Details Performance for Your Post Boynton Beach CRA #6 LIke Page Pl&,nned 11;„}` f a 4 X" 336 Cl--eck cu,sove oi ne pWos'ronn]a s,years a7 occ,,an 0 Fai-i Pl;.-iza Bovinion Beacrl%Iie aie super ex0ed ic host agairl F o I Ro�-k,the Ocean-Palm Qja7a, la, 'event rletaifs 0 0 0 W Q, ON, a- iij 0 0 0 0 0 0 24 13 2 9 -EEIBACK NEGAIIVE FIE 0 0 T11. A ENO 0 ENO on CLAN PALM PLAVIIII 0, Get More Likes,Comments and Shares 0,;hen you boost this postyou'll show it to morp ppople. 336 24 [Tr" Ukr Coonn'r sh", ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Exhibit I — Facebook Post Post Octads Performance for Your Post Boynton Beach CRA A Uke Page L r u a i',2,2',a' 642 4 PO -za C. .ean Pal,-r,--Iaza oi-norrc%,,"? can't rraiz to visi,,:� sl Baker%. E�,,!ach -sepa-rknrt F�orr,a Fac'k�e f..Icr-,P',--,nv PRIC,() You,—�'5D Slof� 13 9 4 and rran.,more at Fan'r Plaza 2 2 0 0 0 4 4 0 Now 0 27 , 11 2 14 yy NEGA�WE��ELDBACK U 0 A0 R01"CK D R ICK A Boom I. r7, "ISIA Get More Likes,Comments and Shares V,�Ihpn you boost this post.you'll show it to more people 642 46 ppP°e Rea"'hed a FlqI 901 9 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Exhibit I — Facebook Ad Performance Event Pesponses Peoppe Readied 3,578 U, Clot per Evenl, $0.92 Response Activity Activity on Facebook Link Oicks NONE= 166 Event Respon&as NIEMEN= 1,- Comn-wnt Shares -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Exhibit I — Facebook Ad ______________________________________________________________________________________________________________________________________________________________________ Audience This ad reached 3,678 p!eople M your Lid"Ien e People i ala e' nems 1 u ti ons 68,1% Women 31.9%, 1+st+t A.j =. 0 : iF,( rr Ai+ .. _ y. 4 ..W Audience Detail's CrV`y Me person wMo c eatea," Mos aa, can see C`uoience 4 etaif ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- .,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,.,mmmmmmmmmmmmmmmm Det 1l Only the person vvho boosted this post can, e ft Et,. } States l ;tet :y r Objective Event Responses * Total budged 751,00-00 USD Annount spent $100,00 UCSD Exhibit I — Twitter ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Tweet activity X Catch Boynton Beach Impressions 916 RD,CK Looking-,orwai-cl to ROCKI N'the Plaza at 7 Ocean Palm Plaza-1600 N.Federal H%ty,.on Total engagements 9 February 29th from 2Pm-6P%11 We will have 2 music from THE FLYERS.food,libations. Rett eets garnes.and glvea,u>,aysl Likes 2 Ptea r.ccm:rc T—nlFv',1---- Detail expands 2 Profile clicks 2 Reach a bigger audience Aedia engagements 1 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Tweet activity X Catch Boynton Beach Impressions 564 UU #ROCXThePl12a is happening this SatUrday. Total engagements 13 Don't miss the event and the ,'8l3PD Substation Ribbon Cu lino! Media engagements 4 ReNveets 2 Hashtag clicks 2 Reach a bigger audience Detail expands 2 Profile clicks 2 Likes 1 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Tweet activity X Impressions 206 Catch Boynton Beach Don't miss,RockThePiaza Mis Saturday! This is a FREE family I'Lln event vith live MUSICgames,rood, Total engagements 2 drinks,and special deals from participating businesses. 2 We can't ve'alt to see you thereE Detail expands Reach a bigger audience ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... • .• 11:22 0 C 66* M:j. 80% Posts Fboyntonbeachcra u11HNNh7filUSCS{�-}+{?�i�YJ}}�U)U!!!!!?�}}�iIII& MI W\11 %%)'SP6. S � 1_ I T1 r ,;>� ar„ �'k,ft.VNll1- ... _ _ .. p " ''n'O Uked by bycyclestore and 19 others t Ccea:4 Pad�m Ma �� N, Fede4 Hwy, Past Insights M 41 7 IR 20 " 0 1 0 1 330 Profile u] Visit Reach BOYN wwwBEACH "CRA '0 CRA BOARD MEETING OF: March 10, 2020 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 7.13. SUBJECT: The 6th Annual Blarney Bash on March 14, 2020 located at Dewey Park and E.Ocean Ave from 4:00 PM to 9:00 PM SUMMARY: On Saturday, March 14, 2020, the Boynton Beach CRA will host the 6th Annual Blarney Bash event in the Downtown District. Event details are as follows: • The FREE event starts at 4:00 P.M. and ends at 9:00 P.M. • The event will take place along East Ocean Avenue between Federal Highway and NE 4th Street and along portions of NE 4th Street. • Free parking will be available at various locations surrounding the event. • Live music featuring bagpipers, as well as stage performances by The Flyers and The Killbillies. • A performance from the students of the Aranmore Academy of Irish Dance. • The food court will feature a variety of options, including authentic Irish cuisine and food offerings from local merchants Guaca Go, Troy's Bar-B-Que, and Boardwalk Italian Ice & Creamery. • Craft beer selections will be available on tap from local Boynton Beach breweries. • The event will feature the Lucky Gold Hunt, a scavenger hunt game, that will place patrons in direct contact with participating CRA District businesses. • There will be multiple inflatable and interactive activities for children. • There will be a"Shamrock Costume Contest" for both children and adults. EVENT MARKETING PLAN Blarney Bash Posters & Postcards - Marketing material such as 50 posters and 1,500 6"x 9" postcards for Blarney Bash were delivered to businesses in the CRA area and the City of Boynton Beach buildings (see Exhibit A). Cost: $275.00 Signage -4' x 8' signs for Blarney Bash went up in nine locations in Boynton Beach to let the community know about the event (see Exhibit B). Cost: $1,295.00 Gateway Gazette -As part of the ongoing marketing efforts, the CRA staff allocated funds in the budget for a full page in the Gateway Gazette formally known as the Boynton Forum serving Boynton Beach, Lantana, Hypoluxo, Atlantis, South Palm Beach, Manalapan, Ocean Ridge and Briny Breezes. The ad was featured online at sun-sentinel.com/community/gateway-gazette. The full-page ad placement was Sunday, March 8 (see Exhibit C). Cost: $303.00 Movie Theaters -A screenshot advertisement of Rock the Plaza - Ocean Palm Plaza/ Blarney Bash and Blarney Bash/Rock the Plaza - Sunshine Square aired at Movies of Lake Worth in all six theaters and Movies of Delray in all five theaters as an opening to the scheduled movies from 10 A.M. until 9 P.M. The screenshot advertisement aired January 22 — February 28 and March 6 — March 27 (see Exhibit D). Cost: $400.00 Atlantic Current Magazine -A full-page ad for Blarney Bash and Rock the Plaza - Sunshine Square was created for the Atlantic Current Magazine in hopes to reach a younger demographic, with 70% of their readers between ages 21-44 and 42% of which are between ages 21-34. They have roughly 28,250 readers and 10,000 magazines distributed to over 100 locations across Palm Beach and Broward Counties. Their magazine is released bi-monthly (see Exhibit E). Cost: $800.00 Billboard -The Billboard location is Gateway Boulevard & 1-95 (see Exhibit F). Cost: free Coastal Star- The Coastal Star newspaper serves the eastern community of Hypoluxo Island, South Palm Beach, Manalapan, Ocean Ridge, Briny Breezes, Gulf Stream and coastal Delray which reaches out to that specific demographic. The Blarney Bash quarter page ad placement in the northern addition also appeared as a bonus in the Southern addition, which cover Boca Raton and Highland Beach (see Exhibit G). Cost: $525.00 Neighborhood News -Working with Neighborhood News to reach out to the western Boynton communities, this marketing strategy will continue to promote downtown Boynton Beach. The March ad featured Blarney Bash and Rock the Plaza - Sunshine Square with an editorial about the event. Neighborhood News also featured the event on their Facebook page with 1,150 followers and website (see Exhibit H) Cost: $450.00 Delray Beach Newspaper-A full-page ad for Blarney Bash/Rock the Plaza - Sunshine Square was featured in the March issue of the Delray Newspaper and Boca Newspaper. Reaching over 15,000 direct online readers, a circulation of 12,000 papers distributed to 250 locations in Palm Beach County, and a copy mailed directly to over 2,000 homes (see Exhibit 1). Cost: $695.00 Utility Bill Insert-An insert in the utility bill went out in February that displayed the Blarney Bash event and the upcoming Business Promotional Events for 2020 (see Exhibit J). Cost: $1,846.00 Social Media -The Boynton Beach CRA utilizes its social media platforms such as (Facebook, Instagram and Twitter) to build awareness and engage the residences, visitors, and business communities. In the month of February 2020, staff promoted Blarney Bash, which will take place on March 14, 2020. Through Facebook, Instagram, and Twitter, staff has created seven organic posts on Facebook, which included the Blarney Bash video on the Facebook cover of the CRA page and three paid Facebook ads to promote the event. Organic posts had a total reach of 2,999 and total engagement (likes, comments, shares, clicks) of 223. The paid ads analytics will be presented in the event recap as they are still populating. Staff also created a Facebook event page to assist in promoting of the event. The event page was able to reach of 41,600 people and had 1,900 people that selected "interested" or "going" to the event. CRA Staff created two Twitter posts with 1,064 impressions and 15 total engagements. The one Instagram post with four total engagements and reach of 409 (See Exhibit K). Cost: $500.00 FISCAL IMPACT: FY 2019-2020 Budget, Project Fund line Item 02-58500-480 - $35,400, Marketing $7,089 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Unless otherwise offered by the CRA Board, a motion is not required at this time. ATTACHMENTS: Description D ExhibitA-J D Exhibit K y . }a - s � — 509 ,mt �"W6, 4v - 10B HE 41h Street PRESENTED BY iCatchBoyntan.corn BOYNTO INTERPRETERS AVAILABLE UPON REQUEST =B EACH R Coppinm@bbfl.us or Call 561-600-9097 COMMUNITY REDEVELOPMENT AGENCY Exhibit A — Postcards r � INTERPRETERS AVAILABLE r � � s 1 — f � v r 1 , s7j„�r 3 r a ' f 1 ti �y t GYt 1 UPON REQUEST Coppinm@bbfl.usor Call561-600-9097 c Ow X) JIU '+ I Y 4", WWW- r } [P�R�E`+S�ENTED gY =�Y � CRA 100 41h ��ACH \� COMMUNITY REDEVELOPMENT AGENCY I i ° I„4 At 100 NE 4th Street PRESENTED RY ^�T. Cappin bbfl,o. r C.11561.609-9097 COMMUNITY REDEVELOPMENT AGENCY ENJOY FLEE LIVE MUSIC 9 VISIT THE - I UCEAN PALM PLAZA BUSINESSES 11 t 1 � u CTl p� �j CC h91 CI7 �� TY H F PLAZA ll 7�� 1 ��^ � k_ PN ESENTEQ 8Y [[f*LL4www ■■ ##"#LfrLwnn RRR''R ..� C ItchBDMOn,com RA f - AL3 INTERPRETERS AVAILABLE UPON ON REQUEST =BEACH Coppinm@bbfl.us or Call 561-600-9097 commBNITY REOEVEIOPNIENT AGENCY ENJOY FREE LIVE MUSIC H VISIT THE SUNSHINE SU.UARE BUSINESSES t T � TT W`0j , 13 PRESENTEQ 8Y T HE PLAZA 1 4, CatchBoynton cam ec��r�,Ta cs INTERPRETERS AVAILABLE UPON REQUEST =BEACH , Coppinm@bbfl.us or Gail 561-600-9097 cofa,auNnv EEaEVFL6PNIENr AGENcr ENJOY FREE LIVE MUSIC 9 VISIT THE SUNSHINE SHARE BUSINESSES 0111. Ell i j THE PLAZA n RA a SdESENTEC�I,,rfBY � � ; ,.. IiliriC7 !'l l I COMMUNITY REDEVELOPMENT AGENCY _ _ - INTERPRETERS AVAILABLE UPON REQUEST Coppinm@bbfl,us or Call 561-600-9491 - - �-- it - _— t9 {�} ��•, }� �! a5 �j i!� �' ) r� y! n Ott �� gii 55 ! i s -- VENT I IS PRESENTED RY R E 100 HE 4th Street Catch Boyoton.com BQr�Tr� rCRA (sJ,INTERPRETERS AVAILABLE UPON ON REQUEST• 56T-d40-90197 �B�A�H COMMUNITY REDEVELOPMENT AGENCY Exhibit H — Neighborhood News 3 ! a20- AT-u-ffffAY 4 P 9 M-- PRES 100 NE 4th Street CatiChBopton.com jjR1 BEA1RA COMMUNITY REDEVELOPMENT AGENCY ENJOY FREE LIVE MUSIC S VISIT THE SUNSHINE S11HARE ELISINIESSIES R 9 Y N T 0 N B-E A CmH PRESENTEBY B 1)By BOYN =BEACH CRA COMMLlNffY REDEVELOPMENT AGENCY CatchBuyntun.cum Exhibit I — Delray Newspaper/ Boca Newspaper 1, ,i f n, ,I r SAT-mum ffffA __`__'PM� . ........... o v 1 � C ��N Y � NE '4 ) ( s' s (4'INTERPRETERS AVAILABLE • F 1., =BEACH COMMUNITY REDEVELOPMENT ENJOY FREE LIVE MUSIE ■ VISIT THE BUSINESSESSUNSHINE S11UARE I Exhibit J — Utility Bill Insert SAT., Mim, 141 4 - 9 PM ISI t A { A Nil PRESENTED BY CajChBqVHj0H.00ffliO * j REQUEST inm*bbfl.us or Call 5:61-600-9097 t I2�CK i ��SAT MARG�1 1�3 � p1��1+1/"ySAT APRIL�5 �� SAT.JUNE s �` Exhibit K — Facebook Post Details Performance for Your Post Boynton Beach CRA 16 lake Page ... )y, 22� 961 Sqi up today'to ne a,,erv-lor a7 ihis years'ArIA1,1111-1al'Dovivill 5�aclri 29 F Bas':i"O Click here f(--)r piiore iiforiinaricti 24 19 5 cor', B 'i Vendoi Dacke� ra tea s r » 44 4 D 9 40 34 i- �I, , '', I� I I: - ? I I"'' _1 1, 1 0 NEGATIVE FEEDBACK 0 Get More Likes,Comments and Shares When you hoosR IN*post you'R show it to more peopIc, 961 112 ��e'op�Reached ear�'I r,r,e r "j I�p la ar,d Iroti; ut.e -npnew� f4. Share CD Col ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Exhibit K — Facebook Post Details Performance for Your Post Boymon Beach CRA Nu.r ee,N4-',uflio, F eLv—a!, I(?"-1c, vi 906 S! Patrick's Day is cn the v.ays 16 Don",miss Jhs ,inArm"J'al BOyn"n['B,,1Eiai rie.,r,,a,,,h Iiis fami1v-Trey-diy ceilebrataon offers muisic !ood—driinks and%un IfOr 14 14 0 2 2 0 0 0 0 0 0 0 29 14 15 AT,r,1 H,1 A kl NEGATIVE FEEDBACK Gth Annual Boynton Beach Blarney Bash 0, Rox,,,Won Bea,.In IRA i5cvr-ton Eiea-lh 0 Get More Likes,Comments and Shares 'V',,Ihp.n yoki boost this postyQW]show it to more peQpre SOrs 45 E r, 00;,nmd'i A o7h Like I,- 'D colinguent 9> Share ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Exhibit K — Facebook Post Detads Performance for Your Post Boynton Beach CRA w I ike Par ... ,,R-"np,�lv'�cnrflhe Rrbert, 2�al 6,03 4 4 P!�t 0 p.-,,,11,gree:i 'ol tt- -rilrl� -n,es�q -i' 20 gear r sl�'al C��,�twme'-"c t A!',nu,V E3e',?,,G ,tin 9 8 o) 3 3 0 Vo' 1 0 1 V 0 d 6 0 bf 14 31 2 is NEGA'rIVF FEEDBACK 0' 0 0; Get More Likes,Comments and Shares WherK you boom the s post you 11 show it to mote people. 603 51 Share ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Exhibit K — Facebook Post Details Performance for Your Post Boynton Beach CRA 16 Like Page ... TIM VVe, 1re H,�kwgl VO!UfIW,.,TS forC,",Ann—,,H &arnev if 4 vou or sonie-one yr w Oovv would dRe ic pp,ov an,for-Ihe day call f 56-1 60,0,90-a 7 or evnaHl Cfjppinl',' jIbbfl JS 2 2 0 0 0 0 ct 2 2 0 11 1 5 5 NFGATIVF FFFDBACK 01 0 Ems ,vy Get More Likes,Comments and Shares When you boost thus post you'll shove it to niore,people. 461 15 gr�Like ""i Corrimpri! Share .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Exhibit K — Facebook ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Post Delafls Performance for Your Post B,Dynton each CRA Art, atj ex(:6,,ed foi1he Ela�,Illl 0 Tag yo,Jr fnena farr'JI),or riep nr you plar ori brir)oing VvIth ve�-.v Cciiw,re,DUCKY In Botori Beacl, 0 0 0 0 0 0 0 0 0 0 ti 0 0 PY, 6th Annual Boynton Beach Blarney Bash, 0 0 Ouvrl�oII Rif Deau I Iv Rpriee 5,fiche!HR --,,onpr,�- jivrrerll vnu Get More Likes,Comments and Shares whe r5 y 0 U boost 011:,..5 po-,t-y(7U'11 sh Ow It t0 1110 re pe Opre, 0 R e,)� ,""" 1-.ko C(I III I I'l II �aru ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Exhibit K — Twitter 'Nveet activity X Catch Boynton Beach Impressions 6310 Celebrate St Patrick's Day,vith tis on March Total engagements 9 14 from 4PIM1 GPM at 100 NE 4th st.Enjoy live music games for all ages,giveaways and of course IRISH FOOD] Ret+.veets Pic. :_r. r F7 i _Yt Meda engagements 2 Likes 2 Reach a bigger audience Profile clicks 2 Detail expands 1 _____________________________________________________________________________________________________________________________________________________________________________________________________________________ Tweet activity X Impressions 434 r Catch Boynton Beach We are sevolunteers for 6th annual Total engagements 6 � Bo4nt+7n Beach Blarney Bash9 if you or someone you kno^� +iou3d like to join cur team 2 r for the day call(561)600-9C97 or email Retv,eets Croppint;l2`Dbbfl.us. Profile clicks 2 Pic. Likes 1 Detail expands 1 Reach a bigger audience 9:04 0 89% Posts boyntonbeachcra Boynton Beach, Florkda ID v �sa0t � i } A t, tU �r+�� 1 f t}i �S �� 1+ t� t Esc nt A�1; , ��t �} qtj Yet irlIMtt;lr gi� ll stt� 1 i 4 StJt 1� �S alt 1 1 N ,, 11 trig \,Sri m iL�¢ii�, , �sati.r d11?>{� ThiS DOSIL I'S doing better than % Post Insights 34 0 3 0 4 409 Profile Visits Reach BOYN wwwBEACH "CRA '0 CRA BOARD MEETING OF: March 10, 2020 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 7.C. SUBJECT: Rock the Plaza on March 28, 2020 at Sunshine Square from 4:00 PM to 8:00 PM SUMMARY: On March 28, 2020, the CRA will host Rock the Plaza at the Sunshine Square Plaza, located at 501 SE 18th Avenue. The free event will take place from 4:00 p.m to 8:00 p.m. and will spotlight the businesses within the shopping plaza. To maximize customer outreach, CRA staff will also provide social media assistance to interested businesses in the plaza prior to the event to increase marketing and cross promotional opportunities within the hashtags#RockThePlaza and#HitTheBiz. The event will feature live music, cocktails, and special promotions from restaurants and businesses within the plaza. EVENT MARKETING Movie Theaters - A screen shot advertisement of Rock the Plaza -Sunshine Square/Blarney Bash aired at Movies of Lake Worth in all 6 theaters and Movies of Delray in all 5 theaters as an opening to the scheduled movies from 10 a.m. until 9 p.m. The screen shot advertisement aired March 6 — March 27 (see Exhibit A). Cost: $400.00 Atlantic Current Magazine -Afull-page ad for Rock the Plaza - Sunshine Square/Blarney Bash was created for the Atlantic Current Magazine in hopes to reach a younger demographic, with 70% of their readers between ages 21-44 and 42% of which are between ages 21-34. They have roughly 28,250 readers and 10,000 magazines distributed to over 100 locations across Palm Beach and Broward Counties. Their magazine is released bi-monthly (see Exhibit B). Cost: $800.00 Neighborhood News -Working with Neighborhood News to reach out to the western Boynton communities, this marketing strategy will continue to promote downtown Boynton Beach. The March ad featured Rock the Plaza - Sunshine Square/Blarney Bash with an editorial about the event. Neighborhood News also featured the event on their Facebook page with 1,150 followers and website (see Exhibit C) Cost: $450.00 Delray Beach Newspaper -A full-page ad for Rock the Plaza - Sunshine Square/Blarney Bash was featured in the March issue of the Delray Newspaper and Boca Newspaper. Reaching over 15,000 direct online readers, a circulation of 12,000 papers distributed to 250 locations in Palm Beach County, and a copy mailed directly to over 2,000 homes (see Exhibit D). Cost: $695.00 FISCAL IMPACT: FY 2019-2020, Project Fund, line item 02-58500-480; $8,100 for the event and $2,345 for marketing. CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D ExhibitA-D ENJOY FREE LIVE MUSIC S VISIT THE SUNSHINE SQUARE BUSINESSES I - X00 NE 4TH STB�ET FREE EVENT � "°'' i PRESENTED BY THE PLAZA CatchBoynton.com ORDISN�� _ �3 INTERPRETERS AVAILABLE UPON REQUEST r;;BEACH »�Coppinm@bbfl.us or Call 561-600-9097 COMMUNITY REDEVELOPMENT AGENCY ENJOY FREE LIVE MUSIC C VISIT THE SUNSHINE S[IUARE BUSINESSES IItF 6 1- r s SHE PLAZA r i II PRFSF RIfU RY L..aEAcTH C4MRf4NrtY AFPEYEtPPhSF#tt.AGENCF - �. RA I:NTERPRETER5 AVAILABLE UPON REQUEST Co,ppinm@bb71.us or Call 561-600-9p97 Exhibit C - Neighborhood News 0,01 `2 3 y+ "Up) �t U R DAY_v-4- 9 PIT 1 100 ME 4th Street I i i :# ! y ENJOYCOMMUNITY REDEVELOPMENT AGENCY SUNSHINE SlIUARE BUSINESSES 11 11 1 , 1 11 11 PRESENiEO 8Y BflRR MBEAN - TC COMMRNTY REDEVELOPMENT AGENCY LCatchBoynton.com Exhibit D — Delray Newspaper/Boca Newspaper 3 4 1 ? 2 0 12SA►T�U-R-D�Y� 4 = 9 P 1=0 MEN 100 ZN NE 41h Street Catch Beynten.COM B"(SR (91NTERPRETERS AVAILABLE UPON REQUEST - 561-600-9097 MBEACTHCRA COMMUNITY REDEVELOPMENT AGENCY ENJOY FREE LIVE MUSIC Pj VISIT THE SUNSHINE S11UARE BUSINESSES BOYNI' DN 0 EACH PRESENTED BOYMN =BEACH COMMUNITY REDEVELOPMENT AGENCY Catch Buyntun.cum BOYN wasuBEACH "CRA '0 CRA BOARD MEETING OF: March 10, 2020 CONSENT AGENDA AGENDAITEM: 10.A. SUBJECT: Financial Report Period Ending February 29, 2020 SUMMARY: The following CRA monthly financial and budget reports for the period ending February 29, 2020 are presented to the CRA Board: Statement of Revenues, Expenditures and Changes in Fund Balance Report; and Budget Comparison Schedule - General Fund (Attachment 1). FISCAL IMPACT: FY2019-2020 Budget CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY2019-2020 CRA Budget CRA BOARD OPTIONS: Approve the C RA's monthly financial and budget report for the period ending February 29, 2020. ATTACHMENTS: Description Attachment I - Monthly Financial Report for Period Ending February 29, 2020 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach,Florida) Statement of Revenues,Expenditures and Changes in Fund Balances Through Year to Date-February 29,2020 Total Debt Service Governmental General Fund Projects Fund Fund Funds REVENUES Tax increment revenue 13,949,934 13,949,934 Marina Rent&Fuel Sales 451,043 451,043 Contributions and donations - - - - Interest and other income 127,200 122,380 2,119 251,699 Total revenues 14,528,178 122,380 2,119 14,652,676 EXPENDITURES General government 1,500,809 - - 1,500,809 Redevelopment projects - 4,008,500 4,008,500 Debt service: - Principal - Interest and other charges - - - Total expenditures 1,500,809 4,008,500 - 5,509,309 Excess(deficiency)of revenues over expenditures 13,027,369 (3,886,120) 2,119 9,143,367 OTHER FINANCING SOURCES(USES) Funds Transfers in - 8,667,613 2,139,852 10,807,465 Funds Transfers out (10,807,465) - - (10,807,465) Total other financing sources(uses) (10,807,465) 8,667,613 2,139,852 - Net change in fund balances 2,219,904 4,781,493 2,141,971 9,143,367 Fund balances-beginning of year 2,906,346 11,849,341 109,356 14,865,043 Fund balances-end of year 5,126,250 16,630,834 2,251,327 24,008,410 Footnote: Transfers between funds include monies received from TIF and carryover from general fund balance. The notes to the basic financial statements are an integral part of this statement. I BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Budgetary Comparison Schedule General Fund Through Year to Date- February 29, 2020 Original Budget Final Budget Actual REVENUES Tax increment revenue $ 13,816,071 $ 13,816,071 13,949,934 Marina Rent&Fuel Sales 1,100,000 1,100,000 451,043 Interest and other income - - 127,200 Other financing sources(uses) 50,000 50,000 - Total revenues 14,966,071 14,966,071 14,528,178 EXPENDITURES General government 4,157,606 4,157,606 1,500,809 Total expenditures 4,157,606 4,157,606 1,500,809 Excess of revenues over expenditures 10,808,465 10,808,465 13,027,369 OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (10,808,465) (10,808,465) (10,807,465) Total other financing sources(uses) (10,808,465) (10,808,465) (10,807,465) Net change in fund balances $ - $ - 2,219,904 Fund balances-beginning of year 2,906,346 Fund balances-end of year 5,126,250 The notes to the basic financial statements are an integral part of this statement. 1 > 0 to c -.,- -.,- -.,- -.,- -.,- -.,- -.,- -.,- o\° o\° -.,- -.,- -.,- oo\° oo\° oo\° oo\° o,- ,- ,- ,- ,- ,- ,- -.,- -.,- -.,- -.,- -.,- oo\° oo\° oo\° oo\° "' L N r" Ln O c-I O OO O O O cn O Ln to O 7 n 7 W O N r, O O 7c to 7 Ln O c-I Mc O IS O ,� 01 n O n O O O O O T O 00 O o0 c-I O W c-I W N N c-I O M to M O W O O O \ O M O 01 O O O O O N O Lr1 4 O o6 to W O M 01 7 M o6 4 O Lr1 to 4 O 7a; Lr1 O E Lf1 Lf1 O O 00 O l0 l0 to 7 to Ln w r" n to O Ln M to M n m W O 00 ij5 A+ N Y/ EN o O to O to O Ln to m Ln m O N O O to O W . 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At the Intracoastal Park Clubhouse 2240 N. Federal Highway, Boynton Beach, Florida Present: Steven Grant, Chair Mike Simon, Executive Director Mack McCray, Board Member Thuy Shutt, Assistant Director Christina Romelus, Board Member Tara Duhy, Board Counsel Absent: Justin Katz, Vice Chair Ty Penserga, Board Member 1. Call to Order Chair Grant called the meeting to order at 5.,30 p.m. 2. Invocation The invocation was given by Zacharie Toussiant of the Good Samaritan Church followed by the members reciting the Pledge of Allegiance to the Flag. 3. Roll Call A quorum was present. 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda Motion Board Member McCray moved to approve. Board Member Romelus seconded the motion. The motion unanimously passed. 5. Legal A. Consideration of Resolution No. 2020-02 of the Boynton Beach CRA Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 11, 2020 Recommend that the City of Boynton Beach Readopt and Extend the Time Certain for the, Completion of Projects Described in the Community Redevelopment Plan and the Termination of the Boynton Beach CRA Attorney Duhy explained the item is an action from the 2019 Legislative Changes made regarding CRA's. This action is something that needs to be done from a legal perspective to reaffirm the CRA's existing sunset date. It does not change anything else, only reaffirms the sunset date. The Resolution is a recommendation of approval will go before the City Commission in March. Motion Board Member McCray moved to approve. Board Member Romelus seconded the motion. The motion unanimously passed. 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 disclosed he spoke with Rolando Barrero from the Art Walk, Andrew Podray, Tim Collins and Mark Woods of South Florida Marine. He also attended the lafter's grand opening. He noted they are all on the agenda tonight. Board Member Romelus had no disclosures. Board Member McCray had no disclosures, but did announce he received several calls from multiple television stations requesting he give them an interview, which he declined. The City had already given interviews and they were good enough. The interviews had nothing to do about the CRA. 7. Announcements and Awards A. In Culture -Art Walk on January 18, 2020 Recap Mercedes Coppins, Business Promotions and Events Manager, announced the CRA partnered with the Boynton Beach Arts District for the In Culture Art Walk. Food and beverages and performances were available and the CRA assisted the event by providing a stage, sound equipment, power, lighting and port-o-lets. Estimated attendance was 250 people. Feedback survey showed 50% of the respondents had never visited the Art District, so the event marketing was successful, Feedback on the event was positive. Event organizer Rolando Barrero, advised all the participating artists and vendors made one to two sales, each during the event and they were able to acquire additional leads for future sales or contract work. She had photos of the event set up and some of the artist studios open during the event. 2 Meeting .i Community vi t Agency FloridaBoynton Beach, r tg 2020 13Rock the Plaza at One Boynton on January 24, 2020 Recap Ms. Coppin noted the event was held January 24 at the One Boynton property. It spotlighted restaurants, retail and service businesses operating there. About 250 people attended and there was a stead show of patrons walking throughout the shopping plaza. The survey showed that 28% of the respondents had never visited the plaza and staff received responses that attendees were completely unaware there was a retail aspect at One Boynton. After the event, staff conducted an impact survey to get feedback from the businesses open during the event. All of the businesses were grateful for the exposure and saw an increase in foot traffic, and more specifically, Baciami, Souvlaki Fast, and Tsunami Subs, experienced an increase in sales compared to the prior weekend. Staff spoke with the director of One Boynton who only heard positive things about the events from all of the residents and that they were hopeful the CRA would hold the event again in the future. Images of the event were shown. Board Member McCray asked if staff follows up a few months later to see if the business is still picking up, or do the one survey. Ms. Coppin advised they generally conduct only one impact survey after the event. Staff could continue to follow up with businesses after the event, if desired. Board Member McCray thought it would be beneficial. Tracy Smith Coffey, Marketing and Business Development, showed a slide of the Sun Sentinel ad insert placed the Sunday paper before the event. In January, In Culture and Rock the Plaza event were advertised in the Neighborhood News. Staff ran a full-page ad in the Atlantic Current magazine, reaching a younger demographic. It's on the FAU campus and a lot of younger individuals use the magazine. Staff also placed a full-page ad in the Boca and Delray newspapers. Images were viewed. C. Rock the Plaza on February 29, 2020, at Ocean Palm Plaza located at 1550 N. Federal Highway Ms. Coppin announced the above event that will take place from 2 to 6 p.m. It will feature live music by The Flyers, have family-friendly games and a business development game that will encourage attendees to visit the plaza stores. Staff will have two ribbon-cutting ceremonies: one for the new Crime Prevention and Neighborhood Officer program office, and the second will be to celebrate the one-year anniversary of Your CBD Store. Board Member Romelus inquired about the return on investment when using newspaper ads. She queried if there were survey questions about how the attendees became aware of the event. Ms. Smith-Coffey responded survey results indicate social media is the main way and it is hit or miss with the print ads. The Neighborhood News reaches the western community. The Atlantic Current reaches a younger demographic, but she does not have the actual numbers from the ad. Staff is trying to find different ways to reach out to millennials and that is one magazine they like. Mr. Simon noted category in the survey was, "Heard about the event via social media/magazine/poster or 3 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 11, 2020 postcard/signage or word of mouth. It looks like social media is the most well received method followed by word of mouth. He thought a newspaper for the $695, reaching 12K to 15K customers was something they should continue to use. The survey asks if the attendee heard about the event from the newspaper, but it was not specific to which newspaper. Board Member Romelus supported keeping the return on investment in mind, She wants to get the best bang for the buck, while being mindful how staff is spending CRA money. Ms. Smith-Coffey explained every event is different when they get the survey. With Rock the Plaza, the survey said 18% became aware of the event from the newspaper. For the In Culture event, more were aware of the event through social media. Board Member Romelus requested an email showing how much is spent on print and social media, and a plan to take advantage of these results, so it would have a lesser financial impact, while gaining greater results. Ms. Smith-Coffey noted younger people are on social media and older people look at papers and magazines. Some older people are on social media, but the majority prefer print. The name is out there and Boynton Beach is in the limelight. Board Member McCray noted often, marketing cannot be measured, but they can measure the CRA is advertising the City and CRA. He noted the publication: "The Real Florida Jewish Directory." He noted page 49 marketed the Historic Women's Club, Just being in the publication, whether it was a targeted area or not, if the name is out there, someone will recognize that Boynton is in the limelight. Chair Grant favored checking into a special advertising section in Boca and Delray magazines, so they could partner with one of the businesses. Instead of just advertising the event, they have the special advertising section, it would be like the CRA's own article about businesses in the CRA. He also favored keeping print material, as people seeing it has an exponential effect. Board Member McCray appreciated the improvements the CRA has made. 8. Information Only 9, Public Comments Susan Oyer, 140 SE 27th Way, asked about the status of beautification, as last year's surveys showed businesses and residents want beautification. She noted she brought forward several ideas over the years, and hoped to see beautification occur because the City was starting to finish up some of its projects. 10. Consent Agenda A. Financial Report Period Ending January 31, 2020 B. Financial Reports for periods June 2019 through December 2019 4 Meeting i t Community I Boynton I ri 1, 2020 C. Approval of CRA Board Meeting Minutes - December 10, 2019 D. Approval of CRA Board Meeting Minutes - January 6, 2020 E. Approval of Commercial Property Improvement Grant Program in the Amount of$50,000 for Pio Pio 3, LLC Located in 500 Ocean at 510 E. Ocean Avenue, Unit 105 F. Approval of Commercial Rent Reimbursement Grant Program in the amount of$21,000 for Pio 3, LLC located in 500 Ocean at 510 E. Ocean Avenue, Unit 105 G. Approval of Commercial Property Improvement Grant Program in the amount of$31,328.40 for Palm Beach Chefs, LLC d/b/a Organic Kitchen and Mercantile located in Ocean Plaza at 640 E. Ocean Avenue, Unit 6 H. Approval of Commercial Rent Reimbursement Grant Program in the amount of $9,000 for Palm Beach Chefs, LLC d/b/a Organic Kitchen and Mercantile located in Ocean Plaza at 640 E. Ocean Avenue, Unit 6 I. Approval of Commercial Rent Reimbursement Grant Program in the amount of $15,000 for JR Watersports, Inc. d/b/a South Florida Marine located at 725 N. Federal Highway J. Approval of 90-day Extension for the Commercial Property Improvement Grant Program for Property Damage Consultants, Inc. located at 125 E. Boynton Beach Boulevard Motion Board Member Romelus moved to approve the Consent Agenda. Board Member McCray seconded the motion. The motion unanimously passed. 11, CRA Projectsin Progress A. CRA Marketing and Business Development Project Update Ms. Smith-Coffey reviewed the information as contained in the agenda item. A short video was viewed. Ms. Smith-Coffey explained staff placed a quarter page ad in the Coastal Angler featuring the Weather is Here, promoting transient dockage space available at the Marina. She spoke with Brian Smith, Dockmaster at the Marina and learned since placing the ad there and in Marina Life and the South Florida Fishing Sports magazines, they have increased transient dockage space. He commented they Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 11, 2020 were "killing it" and next weekend it is entirely booked for all transient dockage space and empty slips. Staff decided to target commercial fishing charters to the Marina as the Dockmaster wanted to have more fishing charters. They placed an ad in the Florida Sports Fishing Journal and it is online and on television. The publication reaches over 200K people, fisherman and charters. Staff also opted to utilize iContacts marketing for the available dockage space. Board Member McCray asked if the ads would be run continuously and learned Mr. Smith will supply the number of times transient dockage space was used this year compared to last year, but did indicate it increased tremendously. The magazine publishes once a month. The dockage space campaign started in December and will run for a year. They change the ads but ran the ad in three publications. Staff utilized the iContacts for the fishing charters and created a spreadsheet of 33 fishing charters outside of Palm Beach County, Broward, and North Palm Beach County that are not in the Marina. Staff sent them an email blast with the ad and the video of the Boynton Harbor Marina for the Redevelopment Works on the CRA's YouTube page and received a response., Mr. Smith is currently working with a fishing charter from Broward who is leaving Broward County and is moving up and hopefully he will be the next Marina. Board Member McCray suggested marketing the Marina by showing an old picture that says this is what Boynton used to look like 50 years ago, and show that it changed from a long time ago. The Boynton YouTube page was viewed, featuring the different business development videos. There are three different categories of videos. Ms. Smith-Coffey explained Mr. Hussain did a social media post between January 1st and February 3rd. He created 10 posts featuring CRA projects and redevelopment issues on the CRA's Facebook page to build awareness. The post reached 19,715 people and got 1,585 engagements, The Women's Club got the most engagements overall, during the last month. Two comments were received they were happy the building was rehabbed. Board Member McCray asked if there was an event schedule for.the Women's Club and learned staff did not yet have one. There were some prior bookings, but there will be a public opening in May. The CRA will launch a video and hold an Open House, C. CRA Economic & Business Development Grant Program Update Bonnie Nicklien, Grant Manager, reviewed her handout. The program budgeted $448K in the line item. After tonight's approvals, the new balance is $137,311. She had attached a list of new and pending businesses, as well as Business Tax Receipts issued to new businesses within the CRA District. Chair Grant inquired if they will have to wait until they submit their Certificate of Occupancy to receive the funds. He requested receiving an update next month of when the CRA approved the funding and when it was paid and how much. He requested the information for the 12 months, 5 Meeting Minutes Community Redevelopment Agency -B-oynton Beach, Florida February 11, 2020 including Rent and Exterior Fagade and Interior Build-out reimbursements so they can get an update. D. Ocean Breeze East Apartment Project Update Mr. Simon provided images of the progress Centennial made since last month on the Ocean Breeze East project. There was not a lot of change, but there was a lot of underground work ongoing regarding drainage and infrastructure before they can start vertical construction. They are moving quickly. Staff is also supplying names of potential tenants on a weekly basis. Anyone interested in applying for tenancy should call 561.600.9094 and speak with Theresa Utterback. Board Member McCray commented residents are excited about the project. E. Model Block Project Update Mr. Simon gave an update for the Model Block Project after the CRA completed improving the road and presented images for the Board to view. Since the ribbon cutting, the houses are coming up quickly by Habitat for Humanity and the Boynton Beach Faith-Based Community Development Corporation (CDC). As of August 8th, the groundbreaking occurred for two homes. Ms. Shutt gave an update on all of the homes; five homes were from Habitat and another five were from the CDC. Board Member McCray noted Habitat works quickly whereas the CDC moves slowly. He inquired if the homes are on target and if the CRA was monitoring the progress. Ms. Shutt replied two of the five homes were moving along and were awaiting vertical construction. E. Quarterly Progress Report - MILK Jr. Boulevard Corridor Redevelopment Project Update Mr. Simon explained Centennial made application to the Florida Housing Finance Corporation for the 9% Low Income Housing Tax Credit Program, which is the program that is funding Ocean Breeze East, They submitted their application November 7th and on February 6th The Board of Directors of the Florida Housing Finance Corporation is scheduled to meet on March 3rd and is expected to confirm the Review Committee's recommendation to fund the above project, He provided an overview of the process. A notice of protest can be submitted after the final recommendation is approved and then there is 10 days after that first 72 hours that anyone could submit protests to Florida Housing Finance Agency to challenge the applications. This was conducted in 2017 with Centennial and was able to ward off any protests and Florida Housing Finance Awarded the Ocean Breeze East with funding. Staff anticipates the same thing will occur this year, but staff will find out about the determination of award by the end of April. Ms. Simon was pleased the project was ranked first and was very encouraging. Staff will keep the Board apprised. F. Historic Woman's Club of Boynton Beach (HWCBB) Interior and Exterior Painting and Waterproofing Project Closeout and Update 7 Meeting Minutes Community v t Agency Boynton cFlorida1 , 2020 Ms. Shutt announced the project is completed and under budget by $952.74. It was finished on time. Completion of the project will allow staff to start marketing the project in March and she can apply for reimbursement for the last part of the Solid Waste Authority Grant for $38,525 for the repainting and water proofing project. Staff was receiving a lot of compliments and there is excitement about having the building be a rental facility pending the Board's decision about the operation and maintenance of the building. Board Member Romelus suggested creating a short video showing the transformation and a good marketing tool. G. FY 2018 - 2019 Update for the Nonprofit Organization Grant Agreement with Habitat for Humanity of South Palm Beach County Ms. Shutt explained this is the third reimbursement request from Habitat for Humanity in the amount of$18,750. Images of the progress was shown. Staff believes additional time would be needed for the three single-family units, the duplex on NE 12th Avenue and one single-family detached home on NW 6th Avenue. The photos also showed rehabilitation that would be needed. And some just painting, or handicapped ramp. "Before and after" pictures were viewed. 12. Pulledns n Items None 13. Public Hearing None. 14.. Old Business A. Audited Financial Statements - FY 2018-2019, Fiscal Year Ended September 30, 2019 Vicki Hill, Finance Director, announced there was a clean audit. There were no internal control deficiencies, no audit findings or non-compliance issues. The CRA's cash position remains strong at $15.3 million in all funds with sufficient fund balances for working capital and ongoing project funds. Richard Tandoc, partner with Sansone Klein Jacomino Tandoc and Gamarra was present for questions. Ms. Hill also thanked Jobara Jenkins, Accounting and Finance Manager. There were no questions for Mr. Tandoc. Mr. Simon noted the CRA has had clean audits for 11 years in a row. B. Consideration of Fiscal Year 2018-2019 Budget Amendment for Unreserved Fund Balance and Self-Funded Insurance Reserve 8 Meeting Minutes Community e vel ent Agency Boynton Beach, Florida February 11, 2020 Ms. Hill explained $411,256 was available in unassigned funds from the audit. They conducted a cash analysis and staff'can turn $885,936 over to the Board, moved from the General Fund to the Project Fund. Staff deleted some purchase orders for projects that came in under budget and there was $541,915 available. All together the amounts totaled approximately $1,427,851. Staff recommended allocating $300K to economic development, because there are no economic development grants available due to lack of funds. Board Member McCray supported allocating the $300K tonight for economic development, but before doing anything else, they wait for a full Board. Chair Grant asked if Board Member McCray would be willing to increase the allocation to $400K, which he did. Mr. Simon explained the Board could approve the resolution to move funds from the general fund into the project fund_ The Board does not have to move all of it once its in the Project Fund, but staff needed to close out the General Fund from last year. Motion Board Member McCray motioned to move the funds. Board Member Romelus seconded the motion. Mr. Simon also wanted to, in the short term, move $400K from the Future Redevelopment Project line item, which has $768K and take the $400K from there, it would still leave the full amount of money, that is allocated for the board's discretion at the net meeting or a meeting with a full Board. The Board did not even have to touch the $1.4M, by using the existing monies in the project fund. It was clarified that was the intent of the motion. The motion unanimously passed. C. Consideration of Approval of Costa Center, LLC's Performance Audit for Year Ending December 31, 2019 for the Casa Costa Project for Compliance with the Direct Incentive Funding Agreement Ms. Hill announced the Direct incentive Funding Agreement (DIFA) was for 10 years, and Casa Costa has submitted the performance audit for the year ending December 31, 2019. This will be the last payment on the DIFA, and staff was requesting the Board approve releasing the $512,444 they are due. Motion Board Member McCray moved to approve. Board Member Romelus seconded the motion. There are currently 10 businesses that have a Certificate of Occupancy. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 11, 2020 Andrew Podray, 800 North Road, owner of Casa Costa, responded they have 10 out of 12 units filled, They are waiting for two other businesses: one is still attempting to pull a permit on their unit and the other, a deli, was waiting to open. Board Member McCray noted there were problems in the past and asked if they were rectified. Mr. Podray explained they were. It was a group effort. He felt there was too much red tape, and four years later, there were positive changes. The motion passed. D. Consideration of an Amendment to the Purchase and Development Agreement between the Boynton Beach CRA and BZ Wood Properties, LLC for the Property Located at 711 N. Federal Highway Mr. Simon explained this item is to provide an amendment to Purchase and Development Agreement for the funds allocated to BZ Wood and Properties LLC, a/k/a as So. Florida MasterCraft Marine Center. Because their grants were part of their Purchase and Development Agreement and not an actual application, in order to extend any time period for funding beyond the date of the agreement, the Board would have to amend the agreement. Staff is requesting a 30-day extension for them to submit all their paperwork for reimbursement, to February 29, 2020. Their second request is that some funding from the left over set aside in assistance, be used to pay for the improvements made at NE Stn Avenue at the request of the City and their redevelopment project. There was a confusing layout with the donation, or abandonment of property the CRA had did prior to closing for provide for additional right of way for the City and a design from the City and their contractor to accommodate all the wishes the City and CRA had, regarding sidewalks and their location. The bend in the road and the location of the railway crossing made it difficult to line up. The work they did, undid and redid was a hardship, and should be considered. There is funding left over in the permit grant. He would suggest using funding from permit improvement grant as opposed to job creation and keep them on track to receive funding by producing jobs. Chair Grant agreed; use excess funding from permits. Motion Board Member McCray moved to approve the recommendation. Board Member Romelus seconded the motion. Board Member McCray inquired how much was left over. The amount was $11,100 which was the cost of the sidewalk roadwork. Vote The motion unanimously passed, Board Member McCray congratulated all on the project. It was a big improvement. Chair Grant agreed and thanked the Board members who voted to acquire the property. 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 11, 2020 E. Neighborhood Officer Program 1 st Quarter Report for FY 2019 - 2020 Sergeant Henry Diehl, Boynton Beach Police Department, presented the first quarter report. They teamed with the Heart of Boynton Community Association and the American Red Cross and went door to door to about 222 homes and had smoke detectors installed. For Thanksgiving, they distributed 150 turkeys with bags of food for residents. They go to the schools and read with the children and mentor them. They participate in parks and Community Greening events and many events at Ezell Hester, Carolyn Sims and Sara Sims park. He reviewed the program's community outreach and had a slide presentation. Board Member McCray thanked Sergeant Diehl, but commented the program was supposed to have four officers. He asked Police Chief Michael Gregory if there was anyone who could fill in to assist Sergeant Diehl. Chief Gregory responded they will look at what they can do to supplement the program. There were two officers on light duty who they hoped would be back to full duty for the next several months. There was supposed to be three officers in the program and a Community Service Associate. They are in the hiring process now for police candidates. Sergeant Diehl gave a status report on his fellow officers, Officer Riviera and Officer Paramore. Mr. Simon noted they are coordinating the ribbon cutting for the new substation with the Rock the Plaza event. Sergeant Diehl was aware. Board Member Romelus suggested a way to alleviate and give exposure to the community and kids would be to have Police Department officers volunteer to drop by and interact with the youth. Sergeant Diehl agreed, Chair Grant asked if the CRA could pay for overtime through the Neighborhood Officer Program that go to the different events. Mr. Simon responded they could use the funding in the Neighborhood Officer Program, Attorney Duhy explained a motion would be needed to designate the funds for a different type of community policing, as opposed to regular staff and regular City policework, as there is a legal distinction, Chair Grant hoped there would be a motion. Attorney Duhy explained the motion should read there are funds available to designate funds to reimburse officers who participate in community policing matters off duty within the CRA District that are determined to be eligible activities by the executive director. Board Member Romelus just wanted officers to interact more as a volunteer opportunity, and not to spend funds. Board Member McCray agreed with Board Member Romelus. Have more officers stop by to volunteer. Chair Grant asked if this item should be placed on next month's agenda. Board Member McCray did not want to spend additional funds. Board Member Romelus would rather use the $1.4 million for something else. Motion 1 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 11, 2020 Board Member McCray moved to approve the report. Board Member Romelus seconded the motion. The motion unanimously passed. F. Consideration of Approval of 500 Ocean Performance Audit for Year Ending December 31, 2019 for Compliance with the Direct Incentive Funding Agreement Ms. Hill explained 500 Ocean is ready for their first DIFA payment. They submitted the proper paperwork according to the agreement and staff is ready to release the $392,311 they requested. It was noted 500 Ocean was filling up fast. Ms. Nicklien explained there are seven retail locations on the street. Five are leased and she was working with four retailers on grant applications. As for office space, there was less than 5K square feet which was leased by one tenant. Ms. Nicklien met with him before he signed the lease and he has now signed it. It was good that the Board approved more funding so the CRA can help the tenant as well. Mr. Simon commented there is 6,600 square feet of office space on the second floor and one tenant signed a lease for the entire second floor. He agreed timing of the new grant funding was beneficial. The residential portion was 98% to 99% leased and only two retail spaces left. Mr. Simon explained questions are often posed what the return is when the CRA is providing businesses with 75% of the increment they produced and he thought it was important to know prior to the development occurring, when the lot was vacant, the taxable value for the five acres was $3,921. The taxable value after the project was built increased from $3.9M to $47M and the difference, which is the tax increment value which is used to formulate TIF, and they entered an agreement to provide the project with a portion of that increment as an incentive for the project, greening, commercial and office space. Board Member McCray asked about the mold issue and learned it was addressed. He wanted to ensure all items were addressed including trash which was abated. Board Member Romelus was there over the holidays for a gathering and heard nothing negative about the community. She was glad they were in the downtown. Motion Board Member Romelus moved to approve. Board Member McCray seconded the motion. The motion unanimously passed. 15. New Business A. Consideration of a Board Waiver for the Commercial Property Improvement Grant Program in the Amount of$7,096.50 for Civic Center Condo Association, Inc., located at 612, 614 and 618 N. Federal Highway Ms. Nicklien explained this item was a waiver request. According to the grant program, non-profits are ineligible entities to apply for the grant program, but this is a condo 12 Meeting Minutes Community Redevelopment Agency Boyntn Beach, Florida February.1.1, 2020 association established for three commercial businesses that are all open and operating and they want to make a fagade grant. In order to pay for those improvements, the funds would have to come from their condo association which is a non-profit. They are requesting the Board waive the technicality. Attorney Duhy reviewed the item and it adhered to the Statute. The buildings were just south of the CRA office. They are improving the parking lot, resealing, updating the electrical and some roof shingles. Chair Grant explained this was a waiver for non-profit because it is a commercial. Attorney Duhy clarified there is no statutory ban on non-profits, per se; it is the type of use it is applied to which is why they can fund Habitat for Humanity, who builds affordable housing. This was similar. It was a grant to support improvements of structures and it is not being spent on social services which is where the real prohibition lies. Motion Board Member McCray moved to approve. Board Member Romelus seconded the motion. The funds will come from economic development grants. The motion unanimously passed. B. Consideration of Funding of an additional Rock the Plaza Event to Promote Fish Depot and other Businesses Between Federal Highway and FEC Railroad Tracks Adjacent to Veterans Park REVISED Mr. Simon explained Chair Grant requested the item. He wanted to hold an additional event. The program budget and events approved in September approved in Fiscal Year 19/20, did not include this area or the funding for it. If approved, staff would bring back further details, Chair Grant suggested holding the event in the gap between June and July. Mr. Simon explained due to Rock the Marina and Clean up the Reef, were shooting for the end of April, early May. Board Member Romelus suggested keeping it within season before everyone leaves. She asked where would it be. Mr. Simon explained Fish Depot is its own restaurant and bar, and not part of a plaza. Staff was brainstorming where to hold the event, which could be held outside the walls of the restaurant. There is a stage inside the restaurant, but the CRA usually provides outside stages. Staff would want to involve other businesses, such as Buds or That's Amore, who has the brick oven mobile pizza, or they could invite the Boardwalk. He thought it would be difficult to get the Casa Costa businesses across the street. Board Member McCray noted the event is called Rock the Plaza, and now staff would be featuring businesses on both sides of the streets. It is not a plaza. He thought it needed to be revisited and more thought out due to safety issues. Board Member Romelus asked if they ever held Rock the Plaza at Casa Costa and learned they did not because there were disagreements. They did assist by marketing several events such as volunteer appreciation for Pirate Fest there, the Novos Escape Room and other businesses there so the volunteers would be able to get to know the 13 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 11, 2020 businesses. The Rock the Plaza did not occur there. Staff could revisit it, but it was not identified in this year's budget. Board Member Romelus wanted to highlight the businesses on the north end of the City. She asked if they could use Veterans Park, Mr. Simon considered the park and the City lot where the cell tower was, but to do so, they have to set up vendor tents for the businesses to come outside of their location, which part of the idea with Rock the Plaza was to get the public to the business location. The CRA could hold something for local businesses to provide some type of their service, focusing outside of their store as part of an event. Board Member Romelus thought because of where the business locations are, they all have to go to a mobile site within the business' vicinity, but she did not agree with having an event at Fish Depot; it would need to be offsite. Board Member McCray agreed if an offsite event is wanted, it would have to be at a centralized location. Chair Grant agreed there are city facilities with Veterans Park, the Cell Tower, and Casa Costa, CVS and other businesses on Federal Highway have parking in the front. But it's not a plaza. They will never have the opportunity to have the CRA promote their businesses. They come to the Pirate Fest or Blarney Bash, but there is nothing specifically for the north east corner until reaching the Ocean Palm Plaza, Have a lot of small businesses, that could use this benefit to have a music event. He was trying to give the CRA options for partnerships. Federal Highway is a busy road but there is a specific crosswalk with a red light in between Casa Costa and Veterans Park. They could work with nearby businesses for parking to allow people to come to the area. Board Member McCray thought if something would be held in that manner, it should not be called Rock the Plaza because it is not a plaza. Mr. Simon commented if the Board wants to contemplate the event, it would be a logistic challenge. Staff could research the matter and bring it, back to the Board. He did not think the Board should approve the item right away. Board Member Romelus asked who owned the property where Troy's was located and learned it was private property. Tim Collins commented there are details that need to be worked out, but there is a way to bring the community in to what they are doing. There is a stage north of the building in the parking lot that can be put up against the white building. Mr. Collins likened the area to a little neighborhood that could be enclosed. He supported having some type of event to bring in all the small businesses that want to be involved in the neighborhood while using the parking across the street with the cross walk. He appreciated something occurring for the NE corridor, He suggested tabling the item and discussing it further. Chair Grant noted there was consensus to move forward. If they have a plan, the CRA could fund it. 16. CRA Advisory Board A. Pending Assignments 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 11, 2020 B. Reports on Pending Assignments C. New Assignments 17. Future Agenda Items A. Disposition of the CRA Owned Property located at 115 N. Federal Highway B. Consideration of the City of Boynton Beach Recreation & Parks Department Letter of Interest for Operation and Programming of the Historic Woman's Club of Boynton Beach C. Consideration and Discussion of an RFP/RFQ for the Operation and Management of the Historic Woman's Club of Boynton Beach D. Consideration of the FY 19 - 20 CRA Affordable and Workforce Housing Grant Program E. Consideration and Discussion of the Property Inspection for the Purchase and Sale Agreement associated with 209 N. Seacrest Boulevard Chair Grant noted the letter of interest from the City for item B was not received, only a Notice of Intent. It was important to receive it prior to the next meeting, Board Member Romelus inquired about the status of the Surf Museum and learned, as far as an RFP/RFQ, staff was to determine a specific use, however, if the City a letter of interest that will incorporate that, they would review it as well. Attorney Duhy explained the nature of the use of the building will determine whether it should be owned by the CRA or the City. The hope was to bring the use to the Board through the Letter of Interest they were discussing and then have the discussion all at one. Mr. Simon explained it will be on the next agenda. Chair Grant asked if the CRA had a website up with the prices for the Woman's Club and learned there was a link on the CRA website. Ms. Coppins and Ms. Smith-Coffey were also working on brochures. Mr. Simon explained they were looking at inserting another event in April. Both will be brought back to the Board, Attorney Duhy explained Attorney Kathryn Rossmell will be present at the March meeting as she will be in Tallahassee. Mr. Simon advised Azim Hussain, Marketing and Business Development Promotional Assistant is leaving the CRA to work for Florida Power and Light in Jupiter in communications and social media interactive work. His last day is Friday and his position will be filled. 15 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida February 11, 2020 18. 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 7:07 p.m. Catherine Cherry Minutes Specialist 10 BOYN wwwBEACH "CRA '0 CRA BOARD MEETING OF: March 10, 2020 CONSENT AGENDA AGENDAITEM: 10.C. SUBJECT: Approval of Commercial Property Improvement Grant Program in the Amount of $50,000 for The Coffee and Ale Exchange, LLC d/b/a Bond Street Ale and Coffee located in Casa Costa at 400 N. Federal Highway, Unit 12 SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial costs associated with the construction, repair, and/or rehabilitation of commercial building improvements. The Commercial Property Improvement Grant Program provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. CRA staff has received a complete grant application from The Coffee and Ale Exchange, LLC d/b/a Bond Street Ale and Coffee located in Casa Costa at 400 N. Federal Highway, Unit 12, Boynton Beach, FL 33435 (see Attachments I - 11). Bond Street Ale and Coffee is the vision of restaurateur Philip VanEgmond, owner of the popular Bond Street Ale and Coffee currently located at 1626 S. Federal Highway. The plan for the second location in Casa Costa is an all-day restaurant and lounge serving the signature breakfasts and lunches Bond Street Ale and Coffee is well-known for, but also a premier dinner and bar destination with a wide range of internationally inspired dishes and a full selection of craft beer, fine wine, and hand-crafted drinks. The new restaurant will also include a large outdoor water-side space for additional seating. As a full service restaurant, Bond Street Ale and Coffee will be employing approximately 20 employees for various full-time and part-time positions from general managers, cooks, bartenders, hosts/hostess, bussers, and servers. As the tenant, the applicant falls under the terms of a Tier I business, as outlined in the grant application. The applicant is seeking reimbursement for a complete build-out of the retail/restaurant space including mechanical, plumbing, electrical, flooring, and painting. The total cost of eligible property improvements of the interior build-out project is approximately $193,655.65 (see Attachment 111). If approved, the applicant is eligible to receive a maximum grant of $50,000 in reimbursable funds provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: FY2019-2020 Budget Project Fund, Line Item 02-58400-444, $50,000 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Property Improvement Grant not to exceed the maximum grant award of $50,000 to The Coffee and Ale Exchange, LLC d/b/a Bond Street Ale and Coffee located in Casa Costa at 400 N. Federal Highway, Unit 12, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Property Improvement Grant D Attachment II - Location Map D Attachment III - Project Quote BOYNTON , 'SEACH ' CRA CCZ)t MPH' REDEVEXOWIMENT AGENCY October 1, 2019 — September 30, 2020 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERICAL PROPERTY IMPROVEMENT GRANTPROGRAM Program Rules and Regulations The Commercial Property 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 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 Property 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. 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 exterior or interior improvement project for which the applicant seeks reimbursement. Initials Page 1 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -3256 Fax: (561)737-3258 www.catchboynton.com b 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 produced the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Property Improvement Grant Program offers financial assistance to the landlord or business owner in the form of a reimbursable, matching grant for 50% of eligible expenses, up to $50,000, associated with the construction or renovation of the exterior and 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 of Boynton Beach at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com or view the attached brochure. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the CRA District(see attached map). Initials Page 2 of 17 Property Improvement 710 North Federal Highway, Boynton Beach,FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboVnton.com • 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). • Improvements to non-profit and residentially zoned properties are NOT eligible expenses. • Applicant must have an executed multi-year lease with at least two years remaining on the lease. • Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the CRA. 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 and have no listed history of bankruptcy to be eligible. If there is more than one 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 as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than $250,000(based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. • Grant funding amounts will be based on the applicant's project budget, specified at the time of the CRA Board approval, plus an added 20% contingency funding amount. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Property Improvement Grant Program may only be used one time in any five year period for any one property. Entities hoping to improve properties that were previously improved using a CRA improvement grant may apply 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 liens, violations or monies Initials Page 3 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com owed for utilities, the CRA will perform a lien search on the property at a cost of $115.00, which will be deducted from any grant funding awarded 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 180 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 Completion (or equivalent) and application for reimbursement must be within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in termination of the grant award. Only one 60 day administrative extension will be permitted, and the CRA has the sole and absolute discretion to grant or deny such extension. • Project items completed and paid for by the applicant more than 60 days prior to grant approval by the CRA Board are not eligible for reimbursement under the grant program.A complete application must be received within 60 days of payment in order for an expense to be eligible for reimbursement. Once a complete application is received, the application will be placed on the next available agenda for review and potential approval. • CRA Board approval of this grant results only in funding. 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. The CRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Projects and items eligible for funding under this grant program are limited to: • Structural walls . Plumbing . Flooring • Grease trap installation • HVAC system • ADA Improvements • Electrical systems, • Hood &fire • Signage including exterior and suppression . Doors/windows interior lighting Initials� '� - Page 4 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737-3256 Fax: (561)737 -3258 www.catchboynton.com • Landscaping and • Parking lot re-paving; • Patio decks irrigation within the re-sealing, and/or connected to the project site restriping building • Painting • Fencing (excluding • Demolition of structure • Roofing (Not to chain link, barbed wire, and re-sodding of exceed 50% of and wood panels) vacant property total grant award) • Electric vehicle charging • Solar electricity and • Security stations— See attached water heating —See cameras/system** ReNew PACE Eligible attached ReNew PACE (not including Product List Eligible Product List security personnel) ** Notwithstanding the limitation that grants may only be used once every five years for any one property, previous grant recipients that received less than the maximum amount of grant funding from Commercial Property Improvement Grants or Economic Development Grants are eligible to reapply to receive 50% matching reimbursable funding in an amount not to exceed $3,000 for the installation of new security cameras/systems. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Property Improvement Grant Program: • Firearm Sales/Shooting Ranges • Convenience Stores • Religion-Affiliated Retail Stores • Churches/places of worships • Non-profit Organizations • Alcohol and/or Drug Rehabilitation • Adult Gambling Arcades Centers/Housing • Check Cashing Stores • Medical Research Centers/Housing • Adult Entertainment • Massage/Personal Services • Vapor Cigarette, E Cigarette Stores • Any other use that the CRA staff or CRA Board determine will not support the redevelopment of the CRA District Grant Terms and Conditions This grant is divided into three tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. All Initials Page 5 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com reimbursement checks from the CRA to the successful applicant will be made out to the applicant (the business entity). Grant funding amounts will be based on the applicant's project budget specified at the time of CRA Board approval, plus an added 20% for contingency funding. Tier One Business Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of CRA Board approval, up to a maximum amount of $50,000 in grant funding. Tier One Businesses must be one of the following types of business: • Restaurant • Bakery • Gourmet Food Market Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of CRA Board approval, up to a maximum amount of $25,000 in grant funding. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Decor/Design — home • Boutiques— clothing, shoes & furnishings, art galleries, kitchen accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than two • Real Estate Offices approvals per fiscal year) • Bed and Breakfast • Medical Offices • Marketing Offices • Insurance Offices • Fitness Facilities—yoga, dance • Take Out Restaurants exercise, martial arts, etc. . Tattoo Parlor/Body Piercing/Body • Specialty Retail Businesses— Art Shop (no more than two stationary, gifts, sporting goods approvals per fiscal year) • Other commercial fagade pnly • Florists (no more than two improvements approvals per fiscal year) Initial&. =' Page 6 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com Tier Three Business (no more than two approvals per fiscal year) Tier Three Businesses are subject to CRA Board for review and approval. Tier Three Businesses eligible for reimbursement of 50% of the applicant's project budget as specified at the time of CRA Board approval, up to a maximum amount of $15,000 in grant funding. Tier Three Businesses must be one of the following types of businesses: • Auto Services Facilities— • Pawn Shops repair, storage, sales, etc. • Liquor Store • Kava Tea Bar 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 are 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. 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. Applications 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 7 of 17 Property Improvement 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. A non-refundable fee of$100,which will be used 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 for which the applicant is requesting 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. Signage design, project color chips, material samples and material specifications, if applicable. 5. Copy of building permit receiptlapplication. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 90 days of grant approval, or the grant award may be terminated. 6. Resume for each principal/owner of the business. 7. Copy of the corporate documents for the applying business entity. 8. Copy of executed multi-year commercial lease agreement. 9. Copy of Warranty Deed. 10.Two years of corporate tax returns (for existing businesses only). 11.Two years of personal tax returns for the principal/owners of a new business. 12.Copy of design and construction plans associated with the proposed improvements. 13.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. 14.A minimum of four color digital "before" photos of the exterior and interior portions of the project. 15.Completed and signed application (attached). 16.Authorization to perform credit check for the business and each principal/owner of the business (attached). 17.W9 Form (attached). 18.City Planning and Development Department Acknowledgement Form (attached). 19.City Permit Department Acknowledgement Form (attached). Initials Page 8 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com The above referenced City Forms (line 18 and 19) must be completed and submitted to the appropriate departments, which are located at City Hall 3310 Quantum Boulevard, Suite 101, Boynton Beach, FL 33426. Phone (561) 742-6000. Approval of Funding Request All required documentation must be submitted no later than noon two weeks prior to the second Tuesday of_the_month. CRA staff will review the application to evaluate whether 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 potential approval. The CRA Board meets on the second Tuesday of each month at the Intracoastal Park Clubhouse located at 2240 N. Federal Highway, Boynton Beach, FL 33435. 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, during, and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement This program is designed as a matching 50% reimbursable 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. Initial� _ Page 9 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com 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 must be supported by a cancelled 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 that have been used as part of a reimbursement request for any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. Initials�:. Page 10 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com 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 have been paid is sufficient assurance for the CRA to award grant funding Initialsr _4 Page 11 of 17 Property Improvement 710 North Federal Highway, Boynton Beach,FL 33435—Phone: (561)737-3256 Fax: (561)737 -3258 www.catchboynton.com BOYNTON Q ri RE BEACH APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): qn p g Current Business Address: w I ( � ,.. f . �.� . 1L , 3'.,w. Fed I D#: � " Business Phone Number: 1 ` _fin Cell: ) .. 421) Website: m -� Existing Business: Yes __ No Number of years in existence: _ w� Time at Current Location: _ j New Business to Boynton Beach: Yes No_ Do you have an executed lease agreement: Yes v1 No_ If so, monthly base rent: 4 `, ' NewBusiness Address (if applicable): 4 0 0 �""'fi^ 1" C.od. �..r�.e�,��`"`;4. t f.'t i ,�—_�' {..,W 2�� .— Square footage of current location: 'Ijefo Square footage of new location: Type of Business: p, P'S a ,Mu� f- Tier 1 Business: Tier 2 Business: ❑ Tier 3 Business: ❑ (Tier Classification subject to CRA Board Approval) Number of Employees: Hours of Operation: . i - V1,o- List of improvements seeking reimbursement for: 9 -e,- .,, -4- Requested -Requested grant amount: G Q 0 0 0,0 0 _ -- Page 12 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON C - a 100-601BEACH APPLICANT INFORMATION PRINCIPAUOWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: -Ta- z j t,3 _ en. Date of Birth: o��_ -1 Email: � �; �� ;,m, i Residential Address: Cell Phone Number: 1 -9,11 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 13 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON :, WOMBEACHIC 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: C w Landlord's Mailing Address: d Landlord's Phone Number: 6-14 � ( CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). 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 Property 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 Property 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 Initials Page 14 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON *11OWBEACH A APPLICANT INFORMATION 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 grant 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. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, 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. Initials, Page 15 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON ,,' MBEACH W t d APPLICANT INFORMATION APPLICANT SIGNATURES: 1. ..w.. , . ., ::,. PrTh-�-F-VoWner,Ctkj4 tare 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 IJ . a / ...... 7_, COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared,_ µ = pry._ , who is/are personal/ 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 1w County aforesaid on this day of . � ` .�� ` , ' 20.aa. - " _ DEBRA S.DALY NARY P U 6L g Commission#GG 220357 My Commissio Expires: Expires September 19,2022 . a O� kr4w Thu k4m hfty services Page 16 of 17 Property Improvement 710 North Federal Highway, Boynton Beach,FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON LANDLORD INFORMATION LANDLORD SIGNATURES: .:m " Landloil's �gnatur 'Dat p„yp, ��.'r �,^ �•r 'V �ru., � l jn,w�.w'i �, �.....' ,y""✓� J� �'�.�..-'s`-'SJ Printed Name 4 G 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 �W i�,- COUNTY OF r BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, ersonall p y appeared ' 4 , 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 :' '0 day oay BABY Bonnie Nicldien NO B ` NOTARY PUBLIC M mm Sion xpire : STATE OF FLORIDA Comm#GG108394 e Expires 5/15/2021 Page 17 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com 1/29/2020 PAPA Maps Ekls� DO OTF IY evCFA,AAS P Im Beach Co Ty P operty Appr + "( Search by Owner,Addressor Parcel sell 9 1 0 0 - : View Pra erCP Record Y r� + Owners_ I MICSAN LLC '_." , `)�, NE,4th•0. e ',NE 4t11"rRvc Property Detail -OC'Tion 400 N FEDERAL HWY N212 rh,+ncl,>,lity BOYNTON BEACH E i 1 7? 3-tkf �i i Age Ap� ! +c� No 08434522470120212 r i.k,,i,.i ivn CASA COSTA CONDO - c. ( ',,ok 26654 F'ge 599 i,, FEB-2014 -, 304 INDIAN TRCE APT _ Ph ili++T 297 - �•''+''` FORT LAUDERDALE FL 333262996 tlaeT p 0400-CONDOMINIUM f t Y 585 Sales Information ` ;...��...- N ,3rAve �E f } Sales Date Price T cf.. FEB-2014 158000 DEC 2012 2131800 ++ V = w Appraisals 6�J Tax Year 2019 k1J Im a+ , +7+,+,t y'b.' $109,000 e Tvt'.l rl"+k,trt'.b. $109,000 -+ All values are as ofJanuary 1st each year - iE s Assessed/Taxable values ' + r Tax Year 2019 H11, k ¢ 'k As,-s,-o Vb., $109,000 Xc'm xi,+,'rmc uni $0 a+t - T,r.�.l,I, rhli„ $109,000 �Y `- g rl}v yJtiJ �rr ##c 1Jti # �1iBayrat�i�`Beac t Taxes Tax Year 2019 � Ills, + V f.+� to S 't. 1�krJ - >rr f , -rr, t�.lvr,".rr+ $2,355 -' \ _ lA P + a a No+,4r,tt-'�Icar;m $217 Toi,,l i,,x $2,572 I https://maps.co.paIm-beach.fl.us/cwgis/papa.htmI?gvaIue=08434522470120212 1/1 PROPOSAL FROM: SUPREME BUILDERS GROUP, LLC 3801 N University Drive, Ste 312 030260. I OF PAGE N0. OF Sunrise, FL 33351 1 PAGES DATE:Jan. 31, 20 TEL#954-200-0073 EMAIL: 4supremebuilders@att.net PROPOSAL SUBMITTED TO: [Email: hilip Van Egmond hone: 561-523-7739 JOB NAME: BAKERY BUILT OUT ax: ADDRESS: CASA COSTA UNIT CU12 615 E Boynton Bch Blvd Boynton Beach CITY/STATE/ZIP: Florida 33435 We hereby submit specifications and estimate for: SCOPE OF WORK: Bakery Built Out Structural • Frame one (1) Executive office with 3 -5/8 20 GA stud and track. • Frame two (2) new ADA bathrooms with 3-5/8 20 GA stud and track. • Bathroom will be tiled 4ft up. • Bathroom ceiling will be 9ft high hard ceiling. • Frame two (2) non ADA bathrooms (number of bathrooms—four). • Frame new area for washer with 3 5/8 metal stud and track. • Frame new water closet for water heater. • Frame new kitchen with 3 -5/8 20 GA stud and track. • Frame new storage area with 3-5/8 20 GA stud and track. • Storage area will be 8ft high hard ceiling. • Frame new reception area with 3 5/8 20 GA stud and track. • Frame all new exterior with 1x2 and 1x4 furring strips. • Insulate exterior wall with file back or 4.5 insulation. • Insulate interior walls where shown on plan with R-19 battered insulation. • Install solid core metal frame doors on 3ft x 7ft high on all locations shown on plan. • Install lever locks on all doors. • All areas will be drywall with 5/8 one (1) hour fire rated drywalls. • Finish with level 4 finish. • (Counter will be installed by others.) • Paint entire area where work was done (paint color will be chosen by Owner). Acoustical Ceiling • Install new 2x4 acoustical ceiling 9ft high. Electrical • Existing utility capacity transformer to remain. • Install new 75k transformer above ceiling. • Existing panel "H" 3P-200 AMP to remain. • Existing panel "L" 3-P-225 AMP to remain. • Install seventeen (17) Vanity Scone Lights. • Install thirty eight (38) General Lighting Pendants. • Install 14" Dia Booth Pendant Light—Wave form. • Install twenty six (26) LED Down Lights. • Install eight (8) 2x4 LED Troffer. • Install three (3) exit sign with Emergency Head. • Install eight (8) Emergency lights with battery backup. Mechanical Contractor shall provide the following services to be performed include: • (32)Air Supply • (6) Air Return • (4) bathroom fans and vent • (3) Thermostat • (1) new 1.5 ton carrier heat pump • (1) Horizontal hanging Unit • Supply and return • Water Piping • Metal Duct spiral NOT INCLUDED — Jest and balance - Shop Drawings - Hood —to be provided by others and installed by others Fire Sprinkler • Install a total of forty (40) fire sprinkler heads in different areas and rooms. • Test and hookup to existing system. Plumbing • Cut concrete floor for • Install Drains PVC and water pipes CPVC for • Tree Bathrooms • Tree Toilets • Tree lavatory sinks • Kitchen and Bar • 12 Floor sinks • 5 Floor Drains • Ice Maker W/ BIN • Dispensing Head, Draft Beer, Pipe Tower • Dispenser, Beer • Ware washer, Under counter • Under bar Dry Storage • Back Bar equipment • Under bar Hand sink • Under bar Cocktail station • Coffee Maker, Satellite System • Drop-in, Cold Pan • Table, Prep W/Sink • Faucet, Deck Mount • Evaporator Coil, Cooler • Ice Maker W/ O BIN • BIN / ICE • Sink, Corner • Faucet, Backsplash Mount • Ware washer, Door Type, Low Temp • Dish table, Straight 14 Gauge • Faucet, Backsplash Mount • Sink, Mop • Faucet, Wall Mount • Hand Sink, Wall Mount Included -Water heater Included - Pipe and Fittings Not Included - Install grease trap, Fixtures Drain Pipes • Install drain pipes PVC and water pipes copper for:. • Male Bathroom: • Toilet and lavatory sink • Female Bathroom: • Toilet and lavatory sink • Mop sink and drinking fountain • Install back flow preventer • Install water heater Included - pipes, Fittings, water heater, drinking fountain, back flow Gas Line • Install 2 inch gas line galvanize from the meter to the kitchen • For tree equipment • Fryer, Deep fat, gas, Tube Type • Range, Restaurant, Gas • Broiler, Gas • Range, Heavy Duty, Gas Included - pipes and Fittings Not included - hose for equipment Not included - solenoid valve Material and Labor Cost = $193,655.65 We here by propose to furnish labor and materials complete in accordance with the above specifications, for the sum of. PAYMENT SCHEDULE: TOTAL$193,655.65(ONE HUNDRED AND NINETY THREE THOUSAND, SIX HUNDRED AND FIFTY FIVE DOLLARS AND SIXTY FIVE CENTS). All material is guaranteed to be as specified. All work to be completed in a work-man-like manner according to standard practices. Any alteration or deviation from above specifications involving extra costs wilt be executed only upon written orders, and will become an extra charge over and above the estimate.All agreements contingent upon strikes, accident or delays beyond our control. This proposal subject to acceptance within 14 days and it is void thereafter at the option of the undersigned. DATE OF WORK COMMENCEMENT AND SUBSTANTIAL COMPLETION Commence work: Upon Permit Issuance. Construction time through substantial completion: Approximately 6 weeks not including delays and adjustments for delays caused by: holidays; inclement weather; accidents; additional time required for change order and additional work; delays caused by owner, owners design professionals, agents, and separate contractors; and other delays unavoidable or beyond the control of the contractor. CONCEALED CONDITIONS: This Agreement is based solely on the observations Contractor was able was able to make with the project in its condition at the time the work of this Agreement was bid. If additional concealed conditions are discovered once work has commenced or after this Agreement is executed which are not visible at the time this Agreement was bid, contractor will point out these concealed conditions to owner and these concealed conditions will be treated as additional work under this Agreement. Contractor and Owner may execute a change order for this additional work. Contractor is released, held harmless, and indemnified by owner from all pre-existing mold, fungus, mildew, and organic pathogen problems and is not responsible for costs or damages associated with correcting, containing, testing, or remediating the same. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted, you are authorized to do the work as specified. Payments will be made as outlined above. ACCEPTED: Signature DATE Signature SUPREME BUILDERS GROUP, LLC BOYN wwwBEACH "CRA '0 CRA BOARD MEETING OF: March 10, 2020 CONSENT AGENDA AGENDAITEM: 10.D. SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the amount of $21,000 for The Coffee and Ale Exchange, LLC d/b/a Bond Street Ale and Coffee located in Casa Costa at 400 N. Federal Highway, Unit 12 SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA District boundaries with rent payment assistance for a maximum period of 12 months and are eligible to apply for assistance for up to six months from the issuance of the City of Boynton Beach Business Tax Receipt. CRA staff has received a complete grant application from The Coffee and Ale Exhange, LLC d/b/a Bond Street Ale and Coffee located in Casa Costa at 400 N. Federal Highway, Unit 12, Boynton Beach, FL 33435 (see Attachments I - II). Bond Street Ale and Coffee is the vision of restaurateur Philip VanEgmond, owner of the popular Bond Street Ale and Coffee currently located at 1626 S. Federal Highway. The plan for the second location in Casa Costa is an all-day restaurant and lounge serving the signature break and lunches Bond Street Ale and Coffee is well-known for, but also a premier dinner and bar destination with a wide range of internationally inspired dishes and a full selection of craft beer, fine wine, and hand-crafted drinks. The new restaurant will also include a large outdoor water-side space for additional seating. As a full service restaurant, Bond Street Ale and Coffee will be employing approximately 20 employees for various full-time and part-time positions from General Managers, cooks, bartenders, hosts/hostess, bussers, and servers. Under the terms of their Landlord-Tenant Lease Agreement, the base rent required to be paid by the applicant is $4,181.25 per month (see Attachment I11). Bond Street Ale and Coffee qualifies as a Tier I business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $1,750 per month for a 12 month period, whichever is less. If approved, Bond Street Ale and Coffee would be reimbursed in the amount of$1,750/month for a period of 12 months or a total grant amount of $21,000 during its first year of business. Grant reimbursements to the approved applicant occur on a quarterly basis with proof of rent payments. FISCAL IMPACT: FY 2019 -2020 Budget, Project Fund, Line Item 02-58400-444, $21,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Rent Reimbursement Grant in the amount not to exceed $21,000 to The Coffee and Ale Exchange, LLC d/b/a Bond Street Ale and Coffee located at 400 N. Federal Highway, Unit 12, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Rent Reimbursement Grant Application D Attachment II - Location Map D Attachment III - Lease Agreement { BOYNTOt4 BEACH CRACOMMUNITY REDEVELOPMENT AGENCY, October 1, 2019 — September 30, 2020 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") Area. The program is designed to provide financial assistance 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 Area. 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 Area 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 produced by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initials __... .........._... Page 1 of 15 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 through a reimbursable grant in the form of a quarterly rent reimbursement. New businesses are eligible to apply for assistance for 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, permits are closed out, City and County licenses are obtained, and the business is open for operation under a Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO). For businesses that do not require any construction work, rent reimbursements will not be paid until City and County licenses are obtained and the business is open for operation. On a quarterly basis, the CRA will issue reimbursement directly to the applicant. Reimbursement is for the monthly rent payment made to the landlord, and is dependent upon receipt of verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the parties to the lease, (the tenant and the landlord). As grantor, the CRA does not bear or accept any responsibility for payment of rent at any time, or for penalties incurred for the late arrival of payments by any party. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com. Initials Page 2 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the CRA Area (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, as determined in the sole discretion of the CRA Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one 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 with at least two years remaining on the lease. • Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. • 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. Initials � Page 3 of 15 Rent Reimbursement 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 Rent Reimbursement Grant Program: • Firearm Sales/Shooting Range • Convenience Store • Religion-Affiliated Retail Stores • Churches/places of worship • Non-profit organizations • Take-out Foods • Check Cashing Stores • Tattoo Shops / Body Piercing / • Kava Tea Bars Body Art Shops • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Alcohol and/or Drug Rehabilitation • Pawn Shops Centers/Housing . Medical Research Centers/Housing • Any other use that the CRA staff or • Massage/Personal Services CRA Board determine will not support the redevelopment of the CRA Area 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 Tier One Businesses are eligible for reimbursement for up to half(50%) of the business's base monthly rent or$1,750 per month, whichever is less (maximum amount of the grant is $21,000, distributed in four quarterly payments). Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market Initials Page 4 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561)737-3258 www.catch boynton.com Tier Two Business it Two 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, distributed in four quarterly payments. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home D6cor/Design - home 0 Clothing Boutique - clothing, furnishings, art galleries, kitchen shoes & accessories wares 0 Law Offices • Accounting Offices 0 Hair/Nail Salons (no more than 2 • Real Estate Offices approvals per fiscal year) • Bed and Breakfasts 0 Medical Offices • Marketing Offices 0 Insurance Offices • Fitness Centers * Florists (no more than 2 approvals • Specialty Businesses - stationary, per fiscal year) gifts, sporting goods 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 the 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 are 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. Initials Page 5 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561) 737-3256 Fax: (561)737-3258 www.catchboynton.com For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the CRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the CRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; C) allowing or assisting a business entity other than the grant recipient to list its place of business as the subject property; or D) allowing or assisting a business entity other than the grant recipient to obtain a business tax license from the City of Boynton Beach for the subject property. The fact that a business entity other than the grant recipient occupies the subject property, lists its place of business as the subject property, obtains a business tax license for the subject property, or similarly appears to use the subject property is sufficient evidence that the grant recipient has allowed or assisted such other business entity to do so and is grounds for termination of any further grant payments and seeking reimbursement for previously paid grant payments. However, it shall not be considered a prohibited subleasing when the business purpose of the applicant is to provide a space for aspiring businesses, such as when the applicant is a business incubator, commissary kitchen, or business that provides co-op workspace. The CRA will determine whether a certain applicant fits into the exception described in this paragraph on a case-by-case basis. 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. Applications will not be considered until all required documentation is submitted to the CRA office. Initials Page 6 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com 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. A non-refundable fee of$100,which will be used 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 applicant is an existing business expanding 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 recuired application documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. CRA staff will review the application to evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and potential approval. N Page 7 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com 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, during and after the project in order to determine and ensure compliance with the terms of the grant. 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 are eligible to be reimbursed to the approved applicant. Reimbursement will occur on a quarterly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next quarter beginning on January 1st, April 1st, July 1st and October 18t. Months Eligible for Reimbursement Deadline to Submit for Reimbursement • October, November, December • January 30th • January, February, March • April 30th • April, May, June • July 30th • July, August, September • October 30th Initials. , Page 8of15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com 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, aelicant_forfeits that quarter's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The CRA retains the right to discontinue rent reimbursement payments at any time at 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 property. 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 or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the CRA to award grant funding. Initials Page 9 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTOR BAR= memBEACH CRA COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): n p Current Business Address: a Fed ID#: 1? '1-.. 3 '-fl ' 6 Business Phone Number , ' i ,. ,. 2n Fax: l's 6 1 Website: c Id e e'-+ : "'_e" A 4 Existing Business: Yes No Number of years in existence .§ Time at Current Location: F - New Business to Boynton Beach: Yes - No Do you have an executed lease agreement: Yes , No If so, monthly base rent '¢;•, rye New Business-Address: o a � �,� 1\ „fig,U q g �.:_ _ Square footage of current location: Square footage of new location: .,_ Type of Business: Number of Employees: _ Hours of Operationjr f !�,�� f Page 10 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTC�N z,I 'II�BEACH ""i C R A"', REDEVELOPMENTCOMMUNITY AGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: . e , Date of Birth: Email: Residential Address: 7 V A4 - Cell Phone Number: 7 £c0�:rs 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 11 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561)737-3258 www.catchboynton.com j , BOYNTO . BEACH CRA COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION Are you applying for grant assistant under any other program offered by the CRA? Yes mm_ No -1/ 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: C o Landlord's Mailing Address: Landlord's Phone Number: CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I° refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). 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 Page 12 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com ' F ve V r. B,n,,,.YNT r%.'I%N �tw � �}�t��t s$ I � BEACH RA COMMuN11TY REDEVELOPMENT AGENCY APPLICANT INFORMATION 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 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 grant 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 furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality,for all matters contained in my application, 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. understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Page 13 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com B%`-.Djvv N TON ' CR I BEACH ii�' , COMtAAU ffY REDEVELOPMENT AGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: t - Principal/Owne s Signature Date 61 A Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF ......, COUNTY OF BEFORE ME,an officer duly authorized by law to administer oaths and take acknowledgements,personally appeared.--i�" - Pr 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 /;t& . AIL ® YeeDEBRA S.DALy NOT RY PtJI LIC Cow;"on AcG 220357 My ommission Elcpires 4 +. e� Expires September 19,2022 Bw&d mu hey smim Page 14 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com B(I.-)Y N TO Nl} Z ,t Z' ' BEACH REDEVELOPMENTCOMMUNITY AGENCY LAN LOIRDINFORMATION LANDLORD SIGNATURES: ' 1 Landlord's Si t re D to r Printed Name ` �vM 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 19PW �.. BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared j (P ' e , who is/are personally known to me or proiac 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. INIT d on this d THE FOREGOING, I have setmymf and and official seal in the, tate and County afoy ? .. Bonnie Nicklien NOTARY PUBLIC NIP TSR PUB =STATE OF FLORIDA Comm#GG108394 mmission xpires: �Nce) Expires 5/25/2021 Page 15 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561)737-3258 www.catchboynton.com 1/29/2020 PAPA Maps Ekls� DO OTF IY evCFA,AAS P Im Beach Co Ty P operty Appr + "( Search by Owner,Addressor Parcel sell 9 1 0 0 - : View Pra erCP Record Y r� + Owners_ I MICSAN LLC '_." , `)�, NE,4th•0. e ',NE 4t11"rRvc Property Detail -OC'Tion 400 N FEDERAL HWY N212 rh,+ncl,>,lity BOYNTON BEACH E i 1 7? 3-tkf �i i Age Ap� ! +c� No 08434522470120212 r i.k,,i,.i ivn CASA COSTA CONDO - c. ( ',,ok 26654 F'ge 599 i,, FEB-2014 -, 304 INDIAN TRCE APT _ Ph ili++T 297 - �•''+''` FORT LAUDERDALE FL 333262996 tlaeT p 0400-CONDOMINIUM f t Y 585 Sales Information ` ;...��...- N ,3rAve �E f } Sales Date Price T cf.. FEB-2014 158000 DEC 2012 2131800 ++ V = w Appraisals 6�J Tax Year 2019 k1J Im a+ , +7+,+,t y'b.' $109,000 e Tvt'.l rl"+k,trt'.b. $109,000 -+ All values are as ofJanuary 1st each year - iE s Assessed/Taxable values ' + r Tax Year 2019 H11, k ¢ 'k As,-s,-o Vb., $109,000 Xc'm xi,+,'rmc uni $0 a+t - T,r.�.l,I, rhli„ $109,000 �Y `- g rl}v yJtiJ �rr ##c 1Jti # �1iBayrat�i�`Beac t Taxes Tax Year 2019 � Ills, + V f.+� to S 't. 1�krJ - >rr f , -rr, t�.lvr,".rr+ $2,355 -' \ _ lA P + a a No+,4r,tt-'�Icar;m $217 Toi,,l i,,x $2,572 I https://maps.co.paIm-beach.fl.us/cwgis/papa.htmI?gvaIue=08434522470120212 1/1 FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT dated AUGUST a,+2018, by and between COSTA CENTER, LLC; a Florida:limited liability company (hereinafter referred to as"Landlord".), and BOND &S'MOLD.ERS LLC a.Flonda: limited liability company(hereinafter referred t0.as "Tenant").. WHEREAS, Landlord and Tenant entered-into that certain Lease, expiiring..June 30, 2022; (collectively hereinafter referred to:as the"Lease"),for certain real property, located at 400 North Federal Highway-Unit CU42, Boynton Beach,.Floc da.334,35 (.hereinafter referred to as the"Leased Premises"). WHEREAS,Landlord and Te.nant.desire to continue the Lease Term; NOW, THEREFORE, IT'IS HEREBY AGREED AS FOLLOWS; That.the Lease'is amended effective upon full execution of this Agreement as follows: 1. Erifily Name_Chan e: Tenant shall now operate under and lease shall transfer to: THE COFFEEAND ALE EXCHANGE, LLC' 2. EIN: 82-3037961. 3. REGISTERED ADDRESS: :3309 North Lake Blvd 9104 Palm.Beach.Gardens, FL 33403 All otherterms; covenants and conditions:of the Lease shall remain.in full force.and,effect. In thaevent of any conflicts between the terms and conditions of the.Lease and the terms and':conditions-of'this Agreement, the terms and conditions of this Agreement shall prevail. IN WITNESS WHEREOF, Landlord and Tenant have caused this Agreement to:be fully as of the date'last written below. WITNESSES TO LANDLORD: LANDLORD: Larne: Print Narn Name: Date: WITNESSES TO TENANT; TENANT Name "1_ PrintIe Na de; i .,�. -`� Date: aY I -3-i I v a s+ SHOPPING CENTER LEASE TI IIS I.EASQ made as of the"Effective Date"(as defined in[lie Standard Provisions}between Costa('enter,LLC:(1.13SSOR").and]load and Smolders,I.I.0("LESSEE")located at The Shops at Casa Costa. WIT1%69SET11: ht consideration orthe covenwits herein contained,on the part orl-I;SS1'sli to be kept and perrormcd, LESSOR heroin teases to LESSEE the"Demised Premises%being CU 12 containing 3,745 square Feet,as depicted on attached Exhibit"B"and located within n Shopping Center known as The Sliops at Casn Costa located at 400 US 1 MY I Boynton Beach,Florida TO I IAV 13 AND TO HOLD the same unto UMSEE on the following terms and conditions: I. "Commeneetnent Date!'shall mean lite date upon which all parties have executed lite Lease. 2. "Rent Comincneerrtent"shall be lite day Lessee opens for business,however no later then rive(5)months from the effective date of tile Lease. 3. "Lcaw Terni"shall!Wean Sixty(60)months front lite first of lite month next succeeding the Rent Commencement mnencement Dale_ 4. "Pennitied Use:"shall nican use as a bakery,ancillary uses and$elle of alcohol so long its Lessee obtains all necessary pcntlits, 5. "Rene'shall mean$50,175.00 per anntun(Year 1-$15 per square foot),payable in equal monthly installinents or$4,181.25 and Year 2$51,680.25 payable niontlily at$1,306.69 In advance plus sales tax,on rite tirst day orevety calendar month during the Leasc Term.Eleni shalt escalate at three(3%)annually for years 3,4 and 5 of rho Lease 6. "Percentage Rent"shall mean N1A(%6)("Percentage')of Adjusted Gross Sales(as defined in the Standard Provisions)in Gxccss of$ fel A _ ("Break Point")per annual. 7. "Deposit"shall:mean$8,362.50, 8. "Prepaid tient"shall mean$4,473.94 to be applied to Tenaut's Rrst monthly rent payment. 9, Tile"Standard Provisions",attached iterate as Exhibit"A",are incorporated herein by this r0ereace. Signed in Nle presence'of: LESSOR: Costa Can r ��''•��' —� _ �-- (Tattle}, _. (Title) ..._. , Date: b (Gw Signed in th et►eo-ot , I.IiSSGG: _ 11303" and Stnoldets,LLC IncLate �`m '..,t�....m�. m (TitiG)t�/l.__�_� �,�/ EXHIBITS A. Standard Provisions. B. Description of Demised Premises. C. Lessor's Work and Lessee's Work. D. Lease Guaranty. E. Signage Criteria F. Option to Renew. i LESSEE INFORMATION-. NAME: ADRESSS: - _ PHONE M EMAIL STANDARD PROVISIONS FOR SHOPPING CENTER TEASE EXHIBIT"A" CONTENTS PARAGRAPH PAGE 1. DEMISED PREMISES,COM1vIENCEMENT,CONSTRUCTION AND ACCEPTANCE l 2. RENT 1 3. DEPOSIT 3 4. NIA 3 5. COMMON AREAS 4 6. PERMIN'ITED USB 5 7. MAINTENANCE AND REPAIR 7 S. ALTERATIONS 8 9. LIENS 9 10.STOREFRONTS AND SIGNS 9 .11.UTILITIES 10 12,INSURANCE AND INDEMNITY 11 13. DAMAGE AND OBLIGATION TO RESTORE 11 14.EMINENT DOMAIN 12 15.ASSIGNMENT AND SUBLETTING 13 16.DEFAULT AND REMEDIES 13 17. LESSOR'S LIEN 14 18.SUBORDINATION AND ATTORNMENT 16 19.TENANT ESTOPPEL CERTIFICATE 17 20.MERCHANTS'ASSOCIA'T'ION AND PUBLICITY 17 21.NOTICES 17 22.SURRENDER 18 23.HOLDING OVER 18 24.BROKER'S FEE 18 i 25.LESSOR'S RIGHTS 19 26.NON-COMPETITION 19 27.RELOCATION 19 28.PROPORTIONATE SHARE 19 29.GENERAL PROVISIONS 19 i f 1, DEMISEDPREiVtISK COMMENCEMENT, CONSTRUCTION AND ACCEPTANCE. 1.1 LESSOR owns or controls the land shown on Exhibit"B" to the Lease, together with the proposed buildings and improvements depicted thereon. The Demised Premises shall include only the appurtenances specifically granted in the Lease, LESSOR specifically excepting and reserving for itself the roof,the air space above the roof,the space below the floor, the exterior portions of the Demised Premises(other than the store front),and the right to install, maintain,use,repair and replace pipes,duct work,conduits,utility lines and wires in the Demised Premises, LESSOR shal l not unreasonably interfere with the normal business operations of LESSEE when performing said work. LESSOR further reserves the right at any time to relocate the buildings, automobile parking areas and other Common Areas;to change the number of buildings,buildings' dimensions,the number of floors in any of the buildings,store dimensions, Common Areas,the identity and type of other stores and tenancies;to construct other buildings or improvements in the Shopping Center;to constrict double-deck or elevated parking facilities;and to increase or decrease the size and scope of the Shopping Center;provided only that the general location and size of the Demised Premises,reasonable access to the Demised Premises and the parking facilities shall not be materially impaired. 1.2 LESSOR shall deliver the Demised Premises to LESSEE clean and free of debris (unless LESSEE. is already in possession). Except as otherwise provided in the Lease, LESSEE hereby accepts the Demised Premises in their condition existing as of the Commencement Date or the date that LESSEE takes possession of the Demised Premises, whichever is earlier, absolutely and without exception,subject to all applicable zoning,municipal,county and state laws, ordinances and regulations governing and regulating the use of the Demised Premises, and any covenants or restrictions of record,and accepts the Lease subject thereto and to ale matters disclosed thereby and by any Exhibits attached hereto. LESSEE acknowledges that neither LESSOR nor LESSOR'S agent has made any representation or warranty as to the present or future suitability of the Demised Premises for the conduct of LESSEE'S business. LESSOR'S liability with respect to latent defects in construction shall not extend beyond one (1) year from the date the Demised Premises are ready for occupancy,whether or not such defects are discovered within said period. 2. RENT. 2.1 LESSEE shalt pay to LESSOR the Minimum Rent,payable in advance and without demand,in equal monthly installments on the first day of each month of the Leasc Temr. If the Lease Term should commence on a day other than the first day of the month (the "Commencement hate"), LESSEE shall pay Minimum Rent equal to one-thirtieth(1/30th)of the monthly Minimum Rent multiplied by the number of rental days in such fractional month. The first such monthly installment of Minimum Rent shall be due and payable on or before the Commencement Date as required by LESSOR. 2.2 The covenant of LESSEE to pay rent(being Minimum Rent,Operating Costs and all other sums due hereunder)is separate and distinct from other covenants,and LESSEE shall have no right of setoff or reduction in the payment of rent for any reason. Payments required hereunder shall be in United Slates currency. 3. DEPOSIT', Concurrently with the execution of the Lease,LESSEE shall deliver to LESSOR the Deposit as security for LESSEE'S faithful performance of LESSEE'S obligations, If LESSEE should fail to pay rent or other charges due hereunder,or othenvise should default with respect to any provisions of the Lease,LESSOR may use,apply or retain all or any portion of the Deposit for the payment of any rent or other charge or for the payment of any other sum to which LESSOR may become obligated by reason of LESSEE'S default, or to compensate LESSOR for any loss or damage which LESSOR may suffer thereby. If LESSOR so uses or applies all or any portion of said Deposit,LESSEE shall within ten(10)days after written demand therefore deposit cash with LESSOR in an amount sufficient to restore the Deposit to the full amount hcreinabove stated,and LESSEE'S failure to do so shall be a material breach of The Lease.LESSOR shall not be required to keep the Deposit separate from its general accounts nor to cause interest to accrue thereon. If LESSEE should perform all of LESSEE'S obligations hereunder,the Deposit,or so much thereof as shall not theretofore have been applied by LESSOR,shall be returned,without payment of interest or other increment for its use,to LESSEE(or,at LESSOR'S option,to the last assignee or subtenant,if any of LESSEE'S interest hereunder shall have been transferred)at the expiration of the Lease Term and after LESSEE shall have vacated the Demised Premises.No trust relationship l I is created herein between LESSOR and LESSEE with respect to the Deposit. The Deposit is not an advance payment of rent and is not a measure of LESSOR'S loss or damages. 4. N/A 4.3 LESSEE shall pay any and all sales tax,tax on rentals,and any other charges, taxes and/or impositions now in existence or hereafter imposed by any governmental authority against the Lease,the execution hereof and/or the Mbihnum Rent,Percentage Rent and any other charges payable by LESSEE. 5. COMMON AREA AND OPERATING CO$'1'$. 5.1 The term "Common Area" shall mean that part of the Shopping Center designated by LESSOR from time to time for the common use of all tenants,including,among other facilities,parking area,sidewalks,landscaping,water retention,curbs,loading areas,private streets and alleys,lighting facilities,halhvays,malls,restrooms,and other areas and improvements provided by LESSOR for the common use of all tenants, all of which shall be subject to LESSOR'S sole management and control. Without limiting the generality of the foregoing,LESSOR reserves the right to enter into, modify and terminate easements and other agreements pertaining to the maintenance and use of the parking areas and other Common Areas;to close any and all portions of the Common Area to such extent and for such time as may,in the sole discretion of LESSOR'S counsel,be legally necessary to prevent a dedication thereof or the accrual of rights to any person or the public therein;to close temporarily,if necessary,any part of the Common Area to discourage noncustomer parking,and to make changes,additions,deletions,alterations or improvements in and to the Common Areas, provided there shall be no unreasonable or substantial obstruction of LESSEE'S right of ingress to or egress from the Demised Premises. 5.2 LESSEE and its employees, customers, subtenants, licensees and concessionaires shall have the nonexclusive right and License to use the Common Area as constituted from time to time,such use to be in common with LESSOR,other tenants of the Shopping Center and other persons permitted by LESSOR to use the same and subject to such reasonable rules and regulations governing use as LESSOR may from time to time prescribe,including the designation of specific areas within the Shopping Center or in reasonable proximity thereto in which automobiles owned by LESSEE, its employees, subtenants, licensees and concessionaires shall be parked. LESSEE shall furnish to LESSOR upon request a complete list of license numbers of all automobiles operated by LESSEE,its employees,subtenants,Licensees and concessionaires. 5.3 LESSOR shall operate, maintain and repair the Common Area in such manner as LESSOR shall in its sole discretion determine. The foregoing Subsections 5.3.1 through 5.3.10 are for definition only and are not to be construed to impose any obligations on LESSOR 5.4 Notwithstanding the foregoing provisions,Operating Costs shall not include: 5.4.1 depreciation(other than depreciation as above specified); 5.4.2 costs of repairing and replacing to the extent that proceeds of insurance or condemnation awards are received therefor;and 5.4.3 costs of a capital nature(to the extent they constitute improvements beyond the original condition or utility of the item in question). 2 6. PERM ITTFU USE. 6.1 The Permitted Use is a material consideration to LESSOR in order that there will be maintained within the Shopping Center an appropriate mix of tenants to achieve the maximum gross sales for all tenants and assure the continued operation of the Shopping Center. LESSEE shall continuously use turd occupy the Demised Premises for the Permitted Use and for no other use or purpose. LESSEE will not breach exclusive use provisions in other leases for space in the Shopping Center. 6.2 LESSEE shall not abandon or vacate the Demised Premises,shall not permit, license or suffer the occupancy of any other party in the Demised Premises and shall; 6.2,1 Comply with all applicable statutes, ordinances,rules, regulations, orders,restrictions of record and requirements in effect during the term of the Lease regulating the use of the Demised Premises. 6.2.2 Keep the Demised Premises continuously and uninterruptedly open during regular business hours of no less than five(5)days per week and a minimum of forty(40) hours. ` 6.2.3 Keep the Demised Premises and sidewalks,service ways and loading areas adjacent to the Demised Premises neat,clean and free from dirt,rubbish,insects and pests at all times and store all trash and garbage within the Demised Premises,arranging for the regular pick tip of such garbage and trash at LESSEE'S expense. LESSEE shall store a!1 trash and garbage within the area designated by LESSOR for such trash pick up and removal and only in receptacles of the size, design and color from time to time prescribed by LESSOR. LESSEE shall not operate an incinerator or bum trash or garbage within the Shopping Center. 6.2.4 Keep the inside and out of all glass in the windows and doors of the Demised Premises clean;maintain all the display windows in a neat, attractive condition,and all such displays shall be subject to the approval ofLESSOR;and keep all display windows and exterior electric signs in front of the Demised Premises lighted from dusk until 10:00 P.M. every day, including Sundays and holidays. LESSEE shall not use any loudspeaker, voice-making or other sound projection device in such a manner as to be audible to anyone outside the Demised Premises, nor shall LESSEE use or display any flashing lights visible to anyone outside the Demised Premises. 6.2.5 Display no merchandise outside the Demised Premises nor in any way obstruct the sidewalks adjacent thereto;not solicit business or distribute any hand bills or other advertising matter in the Common Area;not permit any objectionable or unpleasant odors to emanate from the Demised Premises;nor place or permit any radio,television,loudspeaker or amplifier on the roof or outside the Demised Premises. 6.2.6 Load or unload all merchandise, supplies, fixtures, equipment and furniture and cause the collection of nebbish only through the rear service door or doors of the Demised Premises. No deliveries of any kind shall be made through the front entrance. 6.2.7 Maintain the decor and fixturing of the Demised Premises, the merchandise and operation of LESSEE'S business consistent with the operation of a"first-class", "high-quality","fashionable"store or business as those standards of operation may be interpreted from time to time (as opposed to "general", "promotional" or "self-service" store or business). LESSEE shall operate its business at the Domised Premises in a respectable, reputable, tastefid, competent and dignified mariner in order to enhance the image of the Shopping Center as a whole and its reputation as a dignified and desirable place to shop and to achieve the maximum volume of sales so that LESSOR will receive the maximum amount of Percentage Rent. The description of the standards of operation of the business conducted in the Demised Premises as"first-class","high- quality"and"fashionable"as opposed to"general","promotional"or"self-service"is intended only f as a description of the general quality of the merchandise or services LESSEE may sell avid the general quality of customer service,merchandising,fixturing and decor LESSEE must maintain in the operation of the Demised Premises. The foregoing description is not intended by LESSOR and will not be enforced to affect the retail selling price of LESSEE'S merchandise or services. 6.3 LESSEE shall not use the Demised Premises, nor permit the use of the Demised Premises,for the storage,transportation or disposal of"hazardous"or"toxic"materials as I 3 commonly known or otherwise defined under any law relating to environ.nental conditions and industrial hygiene, including,without limitation,tine Resource Conversation and Recovery Act of 1976,the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Super Fund Amendments and Reauthorization Act of 1986,the Hazardous Materials Transportation Act and the Florida Air and Nater Pollution Control Act. Such materials would include,without limitation,asbestos or any substance containing asbestos,area formaldehyde foam insulation,transformers or other equipment which contain dielectric fluid containing tate group of organic compounds known as polychloriiiated bipbenyls, flammable explosives, radioactive materials, chemicals known to cause cancer or reproductive toxicity, pollutants, effluents, contaminants, emissions or related materials. LESSEE,shall provide to LESSOR forthwith after receipt of same photocopies of all notices of violation received by it with regard to any rules, regulations or laws applicable to such materials,the commencement of any enforcement action,the service of any potentially responsible party demand letter from any private or governmental party or the loss of any operating permit by reason of the use or release of any such materials. LESSOR may enter the Demised Premises and perform any action necessary to remediate contamination or to correct any condition giving rise to any such notice of violation. 6.4 In the event LESSEE,should conduct such a use within tine Dernised Premises which would increase the insurance premium cost or invalidate any insurance policy carried on the Shopping Center, LESSEE shall pay as additional rent, upon demand of LESSOR, any such increased premium cost due to LESSEE'S use of the Demised Premises. LESSEE shall report to LESSOR any condition it believes would affect any insurance policy carried on the Shopping Center. Further, in the event LESSEE'S use of the Demised Premises increases the cost of operating or maintaining the Shopping Center,LESSEE shall pay as additional rent,upon demand of LESSOR, such additional costs as LESSOR should reasonably require. Such additional costs would include, without limitation,increased utility and maintenance costs by reason of extended business hours. 6.5 Upon the Commencement Date, LESSEE shall open for business in the Demised Premises and shall thereafter continuously,actively and diligently operate its said business on the whole of the Demised Premises,in a high grade and reputable manner maintaining in the Demised Premises an adequate staff of employees during the hours specified herein throughout tie Lease Tetra except to the extent prevented from so doing by strikes,fire casualty or other causes beyond LESSEE'S control. 7. MAIATENANCE AND REPAIR. 7.1 LESSOR shall keep the foundation, tine exterior walls(except store fronts, plate glass windows, doors, door closure devices, window and door frames, molding, locks and hardware and painting or other treatments of exterior walls)and the roof of the Demised Premises in good repair,except that LESSOR shall not be required to stake any repairs occasioned by the act or negligence of LESSEE,its agents,employees,subtenants,licensees and concessionaires,which repairs shall be made by LESSEE,subject to LESSOR'S supervision. In the event that the Demised Premises should become in need of repairs required to be made by LESSOR hereunder,LESSEE shall give immediate written notice thereof to LESSOR,and LESSOR shall.not be responsible in any way for tate failure to make any such repairs until a reasonable time shall have elapsed after delivery of such written notice. Other than as herein provided,LESSOR shall not be responsible to maintain or make any improvements or repairs of any kind in or upon the Demised Premises. 7.2 LESSEE shall keep and maintain in full compliance with all laws,rules and regulations(as same may be enacted or amended from time to time)and in good order,condition and repair(which shall mean replacement if necessary)the Demised Premises and every part thereof, except as hereinbefore provided,including,without limitation,the exterior and interior portions of all doors, door checks, security gates, windows, glass, utility facilities, plumbing and sewage facilities within the Demised Premises or under the floor slab(including free flow tip to the main sewer line),fixtures,heating,air conditioning(including exterior mechanical equipment),exterior signs and exterior electrical equipment serving the Demised Premises and interior walls,floors and ceilings. Lessee agrees that if local lases should require an ADA bathroom then Lessee at its expense shall remodel to meet requirements. 7.3 LESSEE,at its own cost and expense,shall enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by LESSOR,for servicing all heating and air conditioning systems and equipment servicing the Demised Premises, and an executed copy of such contract shall be delivered to LESSOR. This service contract trust 4 include fill services reasonably suggested by The equipment manufacturer within the operations/maintenance manual and must become effective within thirty (30)days after the date LESSEE shall have taken possession of the Demised Premises. LESSOR may,but shall not be required to,upon notice to LESSEE,elect to enter into such a maintenance/service contract on behalf of LESSEE or to perform the work itself and,in either case,LESSEE shall pay to LESSOR within ten(10)days after demand the cost of such contract or work plus ten(10%)percent of the amount thereof(for LESSOR'S service and overhead costs). Provided Lessee provides proof of regular maintenance,if it is determined by a Licensed Contractor that the unit needs to be replaced,Lessee shall be responsible for the fust five hundred dollars$500.00 towards replacement and Lessor shall be responsible for time balance. 8. ALTERATIONS. 8.1 LESSEE shall not make any alterations,additions or improvements to the Demised Premises without the prior written consent of LESSOR, except for the installation of unattached,movable trade fixtures which may be installed without drilling, cutting or othenvise defacing the Demised Premises. All alterations,additions,improvements and fixtures(other than unattached, movable trade Fixtures) which may be made or installed by either party upon the Demised Premises shall become the property of LESSOR upon installation and shall remain upon and be surrendered with the Demised Premises at the termination of time Lease unless upon termination of the Lease LESSOR requests their removal,in which event LESSEE shall remove the same and restore the Demised Premises to their original condition at LESSEE'S expense. Any linoleum,carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Demised Premises shall be a permanent fixture and shall become time property of LESSOR without credit or compensation to LESSEE. 8.2 All construction work done by LESSEE within the Demised Premises shall be performed in good and workmanlike manner,in compliance with all governmental requirements, acid the requirements of any contract or mortgage to which LESSOR may be a party and in such manner as to cause a minimum of interference with other construction in progress and with tate transaction of business in the Shopping Center. LESSEE agrees to indenmify LESSOR and hold it harmless against any loss, liability or damage resulting from such work, and LESSEE shall, if requested by LESSOR,fumish bond or other security satisfactory to LESSOR against any such loss, liability or damage. 8.3 All venting,opening,sealing,waterproofing or any altering of the roof shall be performed by LESSOR'S roofing contractor upon LESSOR'S approval and at LESSEE'S expense, and when completed LESSEE,shall furnish to LESSOR a certificate from LESSOR'S roofing contractor that all such alterations approved by LESSOR have been completed in accordance with the plans olid specifications therefor approved by LESSOR. 9. LIENS. LESSEE shall not permit to be created nor to remain undischarged any lien, encumbrance or charge arising out of any work of any contractor,mechanic,laborer or materialman which might be or become a lien, encumbrance or charge upon the Denmised Premises or the Shopping Center or the income therefrom. LESSEE shall not sutler any other matter or thing whereby the estate,right and interest of LESSOR in the Demised Premises or in the Shopping Center might be impaired. If any lien or notice of lien on account of an alleged debt of LESSEE or any notice of contract by a party engaged by LESSEE or LESSEE'S contractor to work in the Demised Premises should be filed against the Demised Premises or the Shopping Center,LESSEE shall, within twenty(20)days alter notice of the filing thereof,cause the some to be discharged of record by payment,deposit,bond,order of court of competent jurisdiction or otherwise. If LESSEE should fail to cause such lien or notice of lien to be discharged within the period provided,LESSOR, in addition to any other rights or remedies,may,but shall not be obligated to,discharge the same by either paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. Any amount paid by LESSOR and all costs and expenses, including attorneys'fees,incurred by LESSOR in connection therewith,together with interest thereon at the maximum rate permitted by law or fifteen(15%)percent per annum,whichever is lower,from the date of payment or incurring of the cost acid expense, shall be paid by LESSEE to LESSOR on demand. TPE INTEREST OF LESSOR IN THE DEMISED PREMISES SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY OR FOR THE ACCOUNT OF LESSEE. 5 10. STORE FRONTS AND SIGNS. LESSEE shall within ninety(90)days from lease execution install a storefront sign in accordance with the sign criteria set forth in this lease.LESSEE shall not,without LESSOR'S prior written consent,(a)make any changes to or paint the store front; (b)install any exterior lighting,decorations or paintings;or(c)erect or install any signs,window or door lettering,place cards,decorations or advertising media of any type which can be viewed from the exterior of the Demised Premises,excepting only dignified displays of a customary type for its display windows not affmcd to the windows. All signs, decorations and advertising media shall conform in all respects to the sign criteria established and/or revised by LESSOR for the Shopping Center from time to time in the exercise of its sole discretion. All expenses incurred with regard to the design,constriction and installation of LESSEE'S signs shall be costs of LESSEE including, without Iimitation,professional fees and permit fees.LESSEE shall use a sign company designated by LESSOR.LESSEE shall maintain all signs in good condition and in proper operating order.All signs and/or sign cabinets shall become the property of LESSOR at the termination of the Lease or upon vacation of the Demised Premises. 11. UTILITIES. 11.1 LESSEE shall contract, in its own name and shall pay the charge before delinquency,for all utility services rendered or furnished to the Demised Premises,including heat, seater,gas,electricity,fire protection,trash removal,sower rental,sewage treatment facilities,utility hook-ups and the like,together with all taxes or other charges levied on such utilities. Further, LESSEE shall pay to LESSOR upon demand its pro rata share of utility impact fees already paid by LESSOR based on the formula applied by the applicable utility company. LESSOR may,if it so elects,finmish one or more utility services to LESSEE,and in such event LESSEE shall purchase the use of such services as are tendered by LESSOR and shall pay on demand as additional rent the rates established therefore by LESSOR,which rates shall not exceed the rates which would be charged for the same service if furnished directly by any public utility corporation or governmental agency in the area supplying the same or similar service, plus an additional fifteen (150/6) percent (for LESSOR'S service and overhead costs). In no event shall LESSOR be liable for the quality, quantity, failure or interruption of such services to the Demised Premises. This obligation of LESSEE shall survive termination of the Lease. 11.2 LESSOR may,with notice to LESSEE,or without notice in the event of an emergency, out off and discontinue gas, water, electricity and an),or all utilities whenever such discontinuance would be necessary to make repairs or alterations. No such action by LESSOR shall be construed as an eviction or disturbance of possession or as an election by LESSOR to terminate the Lease,nor shall LESSOR be in any way responsible or liable under such action. 12. INSURAIVC RAND INUENINITY. 12.1 LESSEE shall,at LESSEE'S expense,obtain and keep in force during the Lease Term a policy of comprehensive general liability insurance, together with a broad form comprehensive general liability endorsement,covering any and all claims for iijuries to persons in or upon the Demised Premises,including all damages from signs,glass,awnings,fixtures or other appurtenance now or hereafter erected on the Demised Premises, and insuring the indemnity provision as set forth in this Paragraph. Such insurance shall be in an amount not less than $1,000,000.00 for injury to one person in one accident, occurrence or casualty and not less than $1,000,000.00 for injuries to more than one person in one accident,occurrence or casualty,or, in lieu of the foregoing,a combined single limit of$1,000,000.00. The Writs of said insurance shall not,however,limit the liability of LESSEE. Not more frequently than each three(3)years,if,in the reasonable opinion of LESSOR,We amount of liability insurance required hereunder should not be adequate,LESSEE shall increase said insurance coverage as required by LESSOR. 12.2 LESSEE shall,W LESSEE'S expense,obtain and keep in force during the Lease Term a policy or policies of property damage liability insurance,together with broad form al l peril coverage and plate glass insurance for the full replacement value of LESSEE'S improvements and property,including,but not limited to,inventory,trade fixtures,furnishings and other personal property. 12.3 LESSEE shall indemnify and hold harmless LESSOR from and against all claims,loss,cost,damage or expense arising from(a)LESSEE'S use of the Demised Premises or 6 from the conduct of LESSEE'S business or from any activity, work or things done, permitted or suffered by LESSEE in or about the Demised Premises or elsewhere,(b)the utilities located within or under the Demised Premises causing injury to any persons or property whomsoever or whatsoever,and(c)any act or omission of LESSEE, its agents,contractors,employees,invitees, licensees,subtenants and guests. LESSEE shall further indemnify and hold harmless LESSOR from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. 12.4 LESSOR shall not be liable for injury to LESSEE'S business or any loss of income therefrom or for damage to the goods,wares,merchandise or other property of,nor to the person of LESSEE,LESSEE'S agents,contractors,employees,invitees,licensees,subtenants and guests,or any other person in or about the Demised Premises,whether the said damage or injury results from a condition arising upon the Demised Premises or upon other portions of the building of which the Demised Premises are a part,or from othersourees or places,and regardless of whether the cause of such damage or injury or the means of repairing some is inaccessible to LESSEE. LESSOR shall not be liable for any damages arising from the act or neglect of any other tenant of the Shopping Center. 12.5 LESSEE hereby waives any and all rights of recovery against LESSOR,or against the officers,employees, agents and representatives of LESSOR,for loss of or damage to LESSEE or its property or the property of others under its control to the extent that such loss or damage is insured against under any insurance policy in force at the time of such loss or damages. 12.6 Any insurance policies required hereunder shall name LESSOR and, in addition, the holder of a first mortgage on the Shopping Center or a ground lessor thercof� if requested to do so by LESSOR,as additional htsureds as their interests may appear. Such insurance policies may not be modified or terminated without thirty(30)days'prior written notice to LESSOR. Insurance required hereunder shall be issued by reputable and independent insurers permitted to do business in the State of Florida and rated in Best's Insurance Guide,or any successor thereto(or,if there be none,an organization having a national reputation)as having a general policyholder rating of"A"and a financial rating of at least"13". Such policies or duly executed certificates of insurance, reflecting all the requirements of this Paragraph, shall be promptly delivered to LESSOR and renewals thereof as required shall be delivered to LESSOR at least thirty (30) days prior to the expiration of the respective policies. 13. PAMAG...E AND OBLIGAT10N Y O R E STORE. 13.1 LESSEE shall give immediate written notice to LESSOR of any damage caused to the Demised Premises by fire or other casualty. 13.2 if the Demised Premises should(a)be damaged by any uninsured casualty or (b) be damaged to an extent in excess of fifty(50%)percent of the cost of replacement thereof, LESSOR may elect either to terminate the Lease or to proceed to rebuild and repair the Demised Premises. Should LESSOR elect to terminate the Lease,it shall give written notice of such election to LESSEE within ninety(90)days atter the occurrence of such casualty. 13.3 Provided LESSEE has not exercised its renewal rights and if the Demised Premises should be partially damaged during tl►e last twelve(12)months of the Lease,LESSOR may elect to terminate the Lease as of the date of occurrence of such damage by giving written notice to LESSEE within ninety(90)days after the date of occurrence of such damage. 13.1 Except as othenvisc provided herein, in the event the Demised Premises should be damaged by fire or other casualty insurable under standard fire and extended coverage insurance, LESSOR shall proceed with reasonable diligence to rebuild and repair the Demised Premises. LESSOR'S obligation to rebuild and repair shall be limited to restoring the Demised Premises to substantially the condition in which same existed prior to the casualty,shall be limited to the extent of the insurance proceeds available to LESSOR for such restoration and,fiiriher,shall exclude any obligation with regard to the personal property and trade fixtures of LESSEE.. LESSEE agrees that,promptly upon completion of such work by LESSOR, it will proceed with reasonable diligence to restore the remainder of tile Demised Premises,including,but not limited to,the repair or restoration of signs,fixtures and equipment. During any period of reconstruction or repair oftlte Demised Premises, LESSEE shall continue die operation of its business within the Demised Premises to the extent practicable. 7 13.5 In the event LESSOR should elect to restore the Demised Premises and LESSEE should be deprived of the occupancy and use of a portion of the Demised Premises, Minimum Rent shall be equitably apportioned according to the area of the Demised Premises which is unusable by LESSEE,until such time as LESSOR shall have completed its restoration as provided herein. In the event of total destruction of the Demised Premises,LESSEE'S rent shall completely abate from the date of such destruction. 13.6 In the event 75%of the Shopping Center should be damaged to such an extent that LESSOR,in its sole discretion,should elect to discontinue operation of the Shopping Center, LESSOR may cancel the Lease by giving written notice to LESSEE,and the Lease shall terminate and become null and void ninety(90)days after said notice, 14. EMINENTDOlVDUN. 11.1 If any part of the Shopping Center should be permanently or temporarily taken,condemned or transferred by agreement in lieu of condemnation for any public or quasi-public use or purpose by any competent authority,whether or not die Lease shall be terminated,the entire compensation award therefor, both leasehold and reversion, shall be the property of LESSOR without any deduction therefrom for any present or future estate of LESSEE,and LESSEE hereby assigns to LESSOR all its right, title and interest to any such award. LESSEE shall execute all documents required to evidence such result. 14.2 If the entire Demised Premises should be permanently taken,condemned or transferred as aforesaid, the Lease shall terminate as of the time possession thereof vests in the condemning authority. If a portion of the Demised Premises should be permanently taken, condemned or transferred as aforesaid, LESSOR may elect to terminate the Lease or,at its own expense, to repair and restore the portion not affected by the taking, in which latter event the Mininum Rent and Break Point shall be reduced in proportion to tine area taken,effective at the time possession vests in the condemning authority. If the Demised Premises or any part thereof should be temporarily taken,condemned or transferred as aforesaid,Minimum Rent shall be abated during the period of such temporary taking by the amount LESSOR receives from the condemning authority to compensate it for the use of the Demised Premises. 14.3 If tine Common Area or any part thereof should be permanently or temporarily taken,condemned or transferred as aforesaid,whether or not the Lease shall be terminated,the entire compensation therefor,both leasehold and reversion,shall be the property of LESSOR without ally deduction therefrom for any present or future estate of LESSEE and LESSEE hereby assigns to LESSOR all its right,title and interest to any such award. LESSEE shall execute all documents required to evidence such result. In the event any portion of the Common Area should be taken to such all extent that LESSOR, in its solo discretion, should elect to discontinue operation of the Shopping Center,LESSOR may terminate the Lease. 15. ASSIGNMENT AND SIIBLFI"I'ING. 15.1 The identity and financial standing of LESSEE is a material consideration of LESSOR in entering into tine Lease. LESSEE shalt not voluntarily,involuntarily or by operation of law assign,sell,mortgage,pledge or in any manner transfer the Lease or any estate or interest therein or sublet the Demised Premises or any part thereof,or grant any license,concession or other right to occupy any portion of the Demised Premises without the prior written consent of LESSOR,which consent LESSOR may grant or withhold in its absolute discretion. Consent by LESSOR to one or more assignments or sublettings shall not operate as a-,waiver of LESSOR'S rights as to any subsequent assignments and subletting. Nohvithstanding any assignment or subletting,LESSEE and an),guarantor of LESSEE'S obligations under the Lease shall at all times remain ftrlly responsible and liable for compliance with all of the obligations of LESSEE,including the payment of rent. 15.2 In the event of the transfer and assignment by LESSOR of its interest in the Lease and in the building containing the Demised Premises,LESSOR shall thereby be released from any further obligations, and LESSEE agrees to look solely to such successor hi interest for performance of such obligations. I 15.3 If LESSEE is a corporation, any transfer of this Lease frons LESSEE by merger,consolidation or liquidation,or any change in ownership or power to vote of a majority of 8 i i i its outstanding voting stock from the owners of such stock or those controlling the power to vote of such stock as of the date of the Lease,shall constitute an assignment for the purpose of the Lease. 16. DEFAULT AND REMMES. 16.1 The occurrence of any one or more of the following events shall constitute a material default and breach of the Lease by LESSEE: 16.1.1 The vacating or abandonment of the Demised Premises. 16.l.2 The failure by LESSEE to make payment of rent or any other payment required to be made by LESSEE hereunder,as and when due,where such failure shall continue for a period of three(3)days after written notice thereof from LESSOR to LESSEE. 16.1.3 The failure by LESSEE to observe or perform any of(lie covenants, conditions or provisions to be observed or performed by LESSEE,other than described in Paragraphs 16,1.1 and 16.1.2 above, ►where such failure shall continue for a period of ten(10)days after written notice thereof from LESSOR to LESSEE;provided,however,that if the nature of LESSEE'S default is such that more than ten(10)days are reasonably required for its cure,LESSEE shall not be deemed to be in default if LESSEE commences such cure within said ten-day period and thereafter diligently pursues such cure to completion. 16.1.4 If LESSEE or any guarantor should commence,in any court pursuant to any statute either of the United States or of any State,an insolvency or bankruptcy proceeding (including,without limitation,a proceeding for liquidation,reorganization or for adjustment of debts of all individual with regular income),or if such a proceeding is commenced against LESSEE or any said guarantor and either an order for relief is entered against such party or such party fails to secure a discharge of the proceeding within thirty(30)days of the filing thereof;or if LESSEE or any said guarantor becomes insolvent or is unable or admits in writing its inability to pay its debts as they become due,or unmakes an assignment for the benefit of creditors or petitions for or enters into an arrangement with its creditors or a custodian is appointed or takes possession of LESSEE'S or any said guarantor's property,whether or not a judicial proceeding is instituted in connection with such arrangement or in connection with the appointment of such custodian. 16.1.5 The discovery by LESSOR that any financial statement given to LESSOR by LESSEE,any assignee of LESSEE,any subtenant of LESSEE,any successor in interest of LESSEE or any guarantor of LESSEE'S obligations,and any of them,is materially false. 16.2 In the event of any default or breach by LESSEE, LESSOR may alter the applicable cure period thereafter, and without limiting LESSOR in the exercise of any right or remedy which LESSOR may have by reason of such default or breach: 16.2.I Declare the entire rent for the balance of the Lease Tenn,or any part thereof,due and payable€orthwith,and bring an action for the recovery thereof. 16.2.2 Terminate LESSEE'S right to possession of the Demised Premises by any lawful means and retake possession thereof for the account of LESSOR,in-which event LESSEE shall inunediately surrender possession of the Demised Premises to LESSOR and all further liability under Eire Lease on the part of LESSEE and LESSOR shall terminate. Notwithstanding the foregoing,LESSEE shall be liable for and shall pay LESSOR the sum of all rental and additional rent and other indebtedness accrued to the date of such termination plus,as damages,an amount equal to the difference between(i)the total rental(Minimum Rent and Percentage Rent,computed as stated herein)plus LESSEF,'S Proportionate Share of Operating Costs and Taxes for the remaining portion of the Lease Term (had such term not been terminated by LESSOR prior to the date of expiration as provided herein),and(ii)the then present value of the then fair rental value of the Demised Premises for such period using such discount rates as LESSOR should deem appropriate. 16.2.3 Maintain LESSEE'S right to possession, in which event the Lease shall continue in effect whether or not LESSEE shall have abandoned the Demised Premises. In such event,LESSOR shall be entitled to relet the Demised Premises and to enforce all of LESSOR'S rights and remedies under the Lease,including tine right to recover the rent as it becomes due. 16.2.4 Pursue any other remedy now or hereafter available to LESSOR ! 9 I i under the laws and judicial decisions of the State of Florida. 16.2.5 In(lie event LESSEE should be obligated to pay Percentage Rent,the Percentage Rent for which LESSEE shall remain prospectively liable shall be a sum equal to the greatest amount of Percentage Rent paid by LESSEE for any calendar year during the Lease Term multiplied by the number of years remaining in the Lease Term at the time of termination. 16.3 In the event of a proceeding involving LESSEE under the Bankruptcy Code, 1 I U.S.C.§101 et seq.,if the Lease should be assumed by LESSEE'S trustee in bankruptcy(after he has cured all existing defaults,compensated LESSOR for any loss resulting therefrom and provided adequate assurance of future performance),then the Lease may not be assigned by the trustee to a third party,unless such party(a)executes and delivers to LESSOR an agreement in recordable form whereby such party assumes and agrees with LESSOR to discharge all obligations of LESSEE under the Lease,(b)has a net worth and operating experience at least comparable to that possessed by LESSEE and any guarantor hereof as of the time of execution of the Lease; and (c) grants to LESSOR,to secure the performance of such party's obligations under the Lease,a security interest in such party's merchandise, inventory, personal property, fixtures, furnishings, and accounts receivable(and in the proceeds of all of the foregoing)with respect to its operations in the Demised Premises,and in connection therewith,such party shall execute such security agreements,financing statements and other documents(the forms of which are to be prepared by LESSOR)as are necessary to perfect such lien. If LESSOR should not be permitted to terminate the Lease because of the provisions of the Bankruptcy Code,LESSEE as a debtor-in-possession or any trustee for LESSEE agrees promptly,within no more than fifteen(15)days after request by LESSOR to the Bankruptcy Court,to assume or reject the Lease,and LESSEE on behalf of itself and any trustee agrees not to seek or request any extension or adjournment of any application to assume or reject(lie Lease by LESSOR with such Court. 16.1 If LESSOR should exercise any of its remedies hereunder,LESSEE shall be liable for and shall pay to LESSOR,within ten(I0)days after demand therefor,the costs of removing and storing LESSEE'S or other occupant's property;the costs of repairing,altering,remodeling or otherwise putting the Demised Premises into condition acceptable to a new tenant or tenants;real estate commissions actually paid;that portion of the leasing commission paid by LESSOR applicable to the unexpired terui of the Lease,if applicable;and all reasonable expenses incurred by LESSOR, including attorneys'fees. 16.5 If the Lease should be terminated,or the Lease Term should expire,LESSOR shall have the immediate right thereafter to re-enter the Demised Premises after 24hrs notice to LESSEE,and to remove all persons and property therefrom. Such property may be stored in a pub]is warehouse or elsewhere at the cost of,and for the account of LESSEE,all without service of notice or resort to legal process(all of which LESSEE expressly waives). In such event,LESSOR shall not be deemed guilty of trespass or become liable for any loss or damage which may be occasioned thereby. 16:6 The rights and remedies granted herein to LESSOR are distinct,separate and cumulative remedies,and the exercise of any of them shall not be deemed to exclude LESSOR'S right to exercise any or all of the others. All charges payable by LESSEE under the terms of the Lease shall be deemed rent for the purpose of LESSOR exercising its remedies. 16.7 No waiver of an),covenant or condition or of the breach of any covenant or condition of the Lease shall be taken to constitute a waiver of any subsequent breach of such covenant or condition nor to justif},or authorize the nonobservance on any other occasion of the same or of any other covenant or condition hereof,nor shall the acceptance of rent by LESSOR at any time when LESSEE is in default under any covenant or condition hereof be construed as a waiver of such default or of LESSOR'S right to terminate the Lease on account of such default,nor shall any waiver or indulgence granted by LESSOR to LESSEE be taken as an estoppel against LESSOR, it being expressly understood that if at any time LESSEE should be in default in any of its covenants or conditions hereunder,an acceptance by LESSOR of rent during the continuance of such default or the failure on the part of LESSOR promptly to avail itself of such other rights or remedies as LESSOR may have shall not be construed as a waiver of such default,but LESSOR may at any time thereafter,if such default continues,terminate the Lease on account of such default. 16.8 The parties hereby waive trial by jury in any proceeding brought by either of the parties hereto against the other arising out of or in any way connected with the Lease, the 10 relationship of LESSOR and LESSEE, LESSEE'S use or occupancy of the Demised Premises, and/or any claim for injury or damage. LESSEE waives all claims for damages by reason of LESSOR'S exercising its right to reenter the Demised Promises and take possession of the property located therein, or damages by reason of any distress warrant, forcible detainer proceedings, sequestration proceedings or other legal process. 16.9 LESSOR shall not be in default unless LESSOR fails to perform obligations required of LESSOR within a reasonable time,but in no event later than thirty(30)days after written notice by LESSEE to LESSOR and to the holder of any first mortgage covering the Demised Premises whose name and address shall have theretofore been furnished to LESSEE in writing, specifying wherein LESSOR has failed to perform such obligations;provided,however,that if the nature of LESSOR'S obligations is such that more than thirty(30)days are required for performance, LESSOR shall not be in default if LESSOR commences performance within such thirty-day period and thereafter diligently prosecutes the same to completion. 16.10 LESSEE hereby acknowledges that late payment by LESSEE to LESSOR of rent and other sums due hereunder will cause LESSOR to incur costs not contemplated by the Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include,but are not limited to,processing and accounting charges and late charges which may be imposed on LESSOR by the terns of any mortgage covering the Demised Premises. Accordingly, if any installment of rent or any other sum due from LESSEE shall not be received by LESSOR or LESSOR'S designee within three(3)days after such amount shall be due,LESSEE shall pay to LESSOR a late charge equal to six(6%)percent of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs LESSOR will incur by reason of late payment by LESSEE. Acceptance of such late charge by LESSOR shall in no event constitute a waiver of LESSEE'S default with respect to such overdue amount,nor prevent LESSOR from exercising any of the other rights and remedies granted hereunder. In the event any check tendered by LESSEE should not be honored for any reason,LESSEE shall pay to LESSOR immediately on demand a service fee of fifty($50.00)Dol tars. 17. LESSOR'S LIL1V. TO SECURE'I HE PAYMENT OF ALL RENT AND OTHER SUMS OF MONEY DUE AND TO BECOME DUE AND THE FAITHFUL PERFORMANCE OF THE LEASE BY LESSEE, LESSEE HEREBY GRANTS TO LESSOR AN EXPRESS FIRST AND PRIOR LEEN AND SECURITY INTEREST ON ALL PROPERTY (INCLUDING FIXTURES, EQUIPMENT, CHATTELS AND MERCHANDISE)SVHICH MAY BE PLACED IN THE DEMISED PREMISES,AND ALSO UPON ALL PROCEEDS OF ANY INSURANCE WHICH MAY ACCRUE TO LESSEE BY REASON OF DESTRUCTION OF OR DAMAGE TO ANY SUCH PROPERTY. SUCH PROPERTY SHALL NOT BE REMOVED THEREFROM WITHOUT'THE WRITTEN CONSENT OF LESSOR UNTIL ALL ARREARAGES IN RENT AND OTHER SUMS OF MONEY THEN DUE TO LESSOR HEREUNDER SHALL FIRST HAVE BEEN PAIN. THIS LIEN AND SECURITY INTEREST IS GIVEN IN ADDITION TO 'THE LESSOR'S STATUTORY LIEN AND SHALL BE CUMULATIVE THERETO. CONCURRENTLY Wrrl4 THE EXECUTION OF THE LEASE(Olt LATER IF REQUESTED BY LESSOR AT ITS DISCRETION),LESSEE SHALL EXECUTE AND DELIVER TO LESSOR UNIFORM COMMERCIAL CODE FINANCING STATEMENTS IN SUFFICIENT FORM SO THAT WHEN PROPERLY FILED,THE SECURITY INTEREST HEREBY GIVEN SHALL BE PERFECTED. THE LIEN AND SECURITY INTEREST CREATED HEREBY SHALL BE TERMINATED WHEN ALL OF THE RENT AND OTHER SUMS OF MONEY BECOMING DUE DURING THE LEASE TERIt4 SHALL HAVE BEEN PAID IN FULL. 18. SUBORDINATION AND ATTORNMENT. 18.1 The Lease is subordinate to any ground lease, mortgage or any other hypothecation for security now or hereafter placed upon the real property of which the Demised Premises are a pari and to any and all advances made on the security thereof and to all renewals, modifications, consolidations, replacements and exteusions thereof. This clause and the subordination set forth herein are self operative,and no further instrument of subordination shall be required for any purpose. If any mortgagee or ground lessor should elect to have the Lease prior to the lien of its mortgage or ground lease,and should give written notice thereof to LESSEE,the Lease shall be deemed prior to such mortgage or ground lease, whether the Lease is dated prior or subsequent to the date of said mortgage or ground lease. 18.2 LESSEE agrees to execute any documents required to evidence such 11 subordination or to make the Lease prior to the lien of any mortgage or ground lease,as the case may be,and failing to do so within ten(10)days atter written demand,does hereby make,constitute and irrevocably appoint LESSOR as LESSEE'S attorney in fact and in LESSEE'S name,place and stead, to do so. 18.3 Upon request of LESSOR,LESSEE shall,in the event any proceedings are brought for the foreclosure of,or in the event of exercise of the power of sale under any mortgage made by LESSOR covering the Demised Premises,attom to the purchaser upon any such foreclosure or sale and recognize Stich purchaser as LESSOR under the Lease. 18.4 if,in connection with obtaining financing for the real property of which the Demised Premises are a part,a banking, insurance or other recognized institutional Iender should request reasonable modifications in the Lease as a condition to such financing, LESSEE will not unreasonably withhold,delay or defer its consent thereto,provided that such modifications do not increase the obligations of LESSEE hereunder, or adversely affect the Ieasehold interest hereby created or LESSEE'S use and enjoyment of the Demised Premises. 19. TENANT ESTOPPEL CERTIFICATE. 19.1 LESSEE shall at any time upon not less than ten(10)days' prior written notice from LESSOR execute, acknowledge and deliver to LESSOR a statement in writing: (i) certifying that the Lease is unmodified and in full force and effect(or,if modified,stating the nature of such modification and certifying that the Lease,as so modified is in full force and effect)and the date to which the rent and other charges are paid hi advance,if any;(ii)acknowledging that there are not, to LESSEE'S knowledge, any uncured defaults on the part of LESSOR, or specifying such defaults if any are claimed;and(iii)otherwise be in a form reasonably acceptable to LESSOR. Any such statement may be conclusively relied upon by any prospective purchaser or existing or prospective encumbrancer of the Demised Premises. 19.2 At LESSOR'S option,LESSEE'S failure to deliver such statement within such time shall be a material breach of the Lease or,at LESSOR'S option,shall be conclusive upon LESSEE that (i) the Lease is in full force and effect, without modification except as may be represented by LESSOR,(ii)there are no uncured defaults in LESSOR'S performance and(iii)not more than one(1)month's rent has been paid in advance. 19.3 If LESSOR desires to finance,refinance or sell the Demised Premises,or any part thereof,LESSEE hereby agrees to deliver to any lender or purchaser designated by LESSOR such financial statements of LESSEE as may be reasonably required by such lender or purchaser. All such financial statements shall be received by LESSOR and such lender or purchaser in confidence and shall be used only for the purposes herein set forth, 20. MERCHANTS'ASSOCIATION AND PUBLICITY. LESSEE agrees to include the name of the Shopping Center in any medium of advertising or publicity that the'fenant shall utilize in the promotion of its business. 21. NOTICES. 21.1 Any notice, request, demand, approval, consent or other communication which LESSOR or LESSEE may be required or permitted to give to the other party shall be,in writing and shall be mailed by certified mail,return receipt requested,or by facsimile at the address specified in the Lease,or to such other address as either party shall have designated by written notice to the other. Notwithstanding the foregoing,LESSOR may give notice to LESSEE by personal delivery to the Demised Premises. Notice shall be deemed given three(3)days atter same shall have been deposited in an official United States Post Office,postage prepaid,or when hand-delivered,as the case may be. 21.2 If the holder of record of a mortgage or a ground lessor covering the Demised Premises should have given prior notice to LESSEE that it is the holder of such mortgage or is a ground Sesser and such notice includes the address to which notices are to be sent,LESSEE shall give to said party notice simultaneously with any notice given to LESSOR to correct any alleged default of LESSOR hereunder. Said party shall have the right,within thirty(30)days after receipt 12 i of said notice,to correct or remedy such default before LESSEE may take any action undcrihe Lease by reason of such default;provided,however,LESSEE may take no action under the Lease by reason of such default if such party shall have commenced,during said thirty-day period, to remedy the alleged default and continues thereafter to use its diligence to remedy-the alleged default. Any notice of default given to LESSOR shall be null and void unless simultaneous notice has been given to said mortgagee or ground lessor. 22. SURRENDER. Upon the expiration or termination of the Lease, LESSEE shall deliver and surrender to LESSOR the Demised Premises in a safe condition and reasonably good order and repair,and shall deliver all keys and combinations to locks,safes and vaults to LESSOR. Before surrendering the Demised Premises, LESSEE shall remove all its unattached personal property,including trade fixtures,alterations,additions and decorations,and shall repair any damage caused thereby. All floor coverings,window,wall and ceiling treatments shall not be removed from the Demised Premises. if LESSEE should fail to restore the Demised Premises as aforesaid or if LESSEE should fail to repair any damage caused by the removal of LESSEE'S property from the Demised Premises,LESSOR may restore the Demised Premises,and all such costs incurred thereby shall be an expense of LESSEE. LESSEE'S obligation to perform this provision shall survive the end of the Lease Tenn. If LESSEE should fail to remove its property upon the expiration of the Lease,said property shall be deemed abandoned and shall become the property of LESSOR. 23. HOLDING OVER. If LESSEE should refuse to give up possession of all or any part of the Demised Premises after the expiration or termination of the Lease Term,LESSOR,its agent, attorney or legal representative,may demand 200%of time current monthly rent,and may recover time .same as provided by law at the expiration of every month,or in the some proportion for a longer or shorter time. 24. BROKER'S FEE. LESSOR and LESSEE each warrant to the other that no real estate broker or agent,other than Merin Hunter Codman,Inc.has been used or consulted in connection with the lease of the Demised Premises. Each covenants and agrees to defend,indemnify and save the other harmless from and agaumst any actions,damages,real estate commissions,fees,costs and/or expenses(including reasonable attorneys' fees),resulting or arising from any commissions, fees, costs and/or expenses due to any real estate broker or agent because of the lease of time Demised Premises and the execution and delivery of the Lease,due to the acts of the indemnifying party. 25. LESSOR'S„RIGHTS. 25.1 If LESSEE should fail to perform any maintenance or repairs required of it hereunder, including, without limitation, the maintenance of its signs, within ten (10) days after written notice delivered to it by LESSOR(or within such shorter period as LESSOR should require in the event of an emergency,with or without notice),LESSOR may,at its option,make such repairs without liability to LESSEE for any loss or damage which may result to its stock or business by reason of such repairs,and LESSEE shall pay to LESSOR within ten(10)days after demand time cost of such repairs plus ten(IM)percent of the amount thereof(for LESSOR'S service and overhead costs). 25.2 LESSOR and LESSOR'S agents shall have the right to enter upon time Domised Premises at reasonable times for time purposes of inspecting same, showing the same to prospective purchasers,lenders,or lessees,and making such alterations,repairs,improvements or additions to the Demised Premises or to the building of which they are a part as LESSOR may deem necessary and desirable. LESSOR may at any time place on or about time Demised Premises any ordinary"For Sale”signs and LESSOR may at any time during the last one hundred twenty(120) days of time Lease Tenn place on or about the Demised Premises any ordinary"For Lease"signs,all without rebate of rent or liability to LESSEE. 26. DELETED IN ITS ENTIRETY. 27. RELOCATION. LESSOR reserves the option, in its sole discretion, to relocate LESSEE to other premises in the Shopping Center upon no less than thirty(30)days'written notice. Such new premises shall be of similar size and shall be improved in a similar manner as the premises originally let to LESSEE.LESSEE'S refusal to accept such new premises shall constitute a material default under time Lease and shall entitle LESSOR,in its sole discretion,to terminate the Lease,upon no less than sixty(60)days'written notice,in which event LESSEE shall be deemed to have waived any action against LESSOR for any damages in any way connected with such termination and 13 i I i I LESSEE shall proceed to wind up its business in the Shopping Center. 28. PROPORTIONATE SHARE. The Proportionate Share is a fraction,the numerator of which is the number of square feet in the Demised Premises and the denominator of which is the number of square feet in the Shopping Center. The Proportionate Share shall be increased or decreased from time to time as the square feet hi the Demised Premises and/or the Shopping Center are increased or decreased. The Proportionate Share,Operating Costs and real property taxes shall similarly be increased or decreased from time to time as the size of the Denmised Premises and/or the Shopping Center are increased or decreased. 29. GENERAL PROVISIONS. 29.1 LESSEE shall not record the Lease without LESSOR'S prior written consent, and any such recordation shall, at the option of LESSOR, constitute a non-curable default of LESSEE;provided,however,LESSEE shall,within ten(1A)days after request by LESSOR execute and deliver to LESSOR a memorandum of the Lease for the purpose of recordation in a form prescribed by LESSOR. 29.2 Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party,as creating a relationship of principal and agent or of partnership or of joint venture between the parties hereof. Neither the method of computation of rent, nor any other provisions 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 lessor and lessee. 29.3 Tlme invalidity of any provision of the Lease as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof. LESSOR and LESSEE acknowledge that they were represented by counsel in connection with the Lease and that each of them or their respective counsel reviewed and revised the Lease and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party or LESSOR shall not be employed in the interpretation of the Lease. 29.4 Time is of the essence. 29.5 The captions used herein are for convenience only and do not limit or amplify the provisions hereof. 29.6 Whenever a period of time is prescribed for action to be taken by LESSOR, LESSOR shall not be liable or responsible for and there shall be excluded from the computation of any such period of time,any delays due to strikes,riots,acts of god,shortages of labor or materials, war,governmental laws,regulations or restrictions or any other causes of any kind whatsoever which are beyond the reasonable control of LESSOR. 29.7 Upon LESSEE paying the rent reserved hereunder and observing and performing all the covenants, conditions and provisions on.LESSEE'S part to be observed and performed hereunder,LESSEE shall have quiet possession of(lie Demised Premises for the entire Lease Term,subject to all the provisions of the Lease. 29.8 Each provision performable by LESSEE shall be deemed both a covenant and a condition. The Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. The Lease may be modified in writing only,signed by the parties in interest at the time of modification. 29.9 Subject to the provisions hereof restricting assignment or subletting by LESSEE and regarding LESSOR'S liability, this Lease shall bind the parties, their personal representatives,successors and assigns. The Lease shall be governed by the laws of the State of Florida. 29.10 In computing the square footage of the Demised Premises and all premises in the Shopping Center,LESSOR includes a proportionate factor of all meter rooms and other utility closets as may be required and interior corridors to which LESSEE has access. All dimensions are measured from the center line of interior walls and from the exterior face of exterior walls. 29.11 The terns"LESSOR"and"LESSEE",as used herein,denote both singular 14 and plural and all genders. Where"LESSEE"consists of more than one person,whether natural or artificial, all the persons constituting "LESSEE" shall be jointly and severally liable for all obligations to be performed by LESSEE herein. If LESSEE is a corporation or other entity,LESSEE shall furnish to LESSOR such evidence as LESSOR may reasonably require in order to evidence the authority of LESSEE to execute and deliver the Lease and to perform its obligations hereunder. 29.12 The Effective Date of the Lease shall be the date last executed by the parties without amendment or deletion to the Lease and its Exhibits. 29.13 All terms, covenants and conditions herein contained, to be performed by LESSEE,shall be performed at its sole cost and expense, and if LESSOR shall pay any sum of money or do any act which requires the payment of money,by reason of the failure,neglect or refusal of LESSEE to perform such term,covenant or condition,the sum of money so paid by LESSOR shall be deemed additional rent and shall be payable by LESSEE to LESSOR within ten(10)days afler demand therefor. 29.14 Any amount due to LESSOR not paid when due shall bear interest at one percent(1.5%)monthly rate accruing from the date due. 29.15 Provisions herein to the contrary notwithstanding, there shall be absolutely aro personal liability on the part of LESSOR, its directors, officers or shareholders, or any of its partners,their directors,officers or shareholders, respect to any of the terins,conditions and covenants of the Lease;and LESSEE shall look solely to the interest of LESSOR in the Stropping Center for Bre satisfaction of each and every remedy of LESSEE. 29.16 The submission of the Lease for examination by LESSEE does not constitute an offer or all option to lease the Demised Premises,nor is it intended as a reservation of the Demised Premises for the benefit of LESSEE,nor shall the Lease have any force or validity until and unless a copy of it is returned to LESSEE duly executed by LESSOR. 29.17 "RADON GAS". Radon is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 29.18 All obligations of LESSEE to pay rent or to perform any act after the termination of the Lease shall survive such termination. 15 EXHIBIT"B" DESCRIPTION OF DEMISED PREMISES • -I Mme. CVIS d ^ rt w +.. I LLHJJ-]Hl U-1 _. I _ rrmgn ! TFrFl-nTFFF',+# C Gals w 2 M.7 - LVl a cot The Premise(s)are/is CU 12 j IG I i i EXHIBIT"C" LESSOR'S WORK AND LESSEE'S WORK Notwithstanding the terms of the Lease and Standard Provisions to the contrary,LESSOR and LESSEE agree as follows: 1. Lessor shall deliver the Premises "As Is", except that Lessor will make all reasonable attempts to install an entry/exit door facing the garage in the location where the current exit door exists. In the event Lessor cannot gain all necessary approvals(City,County, State and/or HOA)then this provision will become null and void. 2. Lessee shall be responsible to complete Lessee's finishes so it may open for business. 17 EXHIBrr I'Tall LEASE GUARANTY [THIS IS A GENERAL GUARANTY WHICH IS ENFORCEABLE BY LESSOR NAMED HEREIN,ITS SUCCESSORS AND ASSIGNS AND ANY OTHER PERSON'OR ENTITY AT ANY TIME HAVING THF RIGHTS OF LESSOR UNDER THE LEASE DESCRIBED BELOW,AND IS ALSO AN ABSOLUTE AND UNCONDITIONAL GUARANTY.) '-j�I'HIS GUARANTY AGREEMENT'[' IS FOR THAT CERTAIN LEASE DATED 2017(tile"Lease"),BETWEEN Costa Center,LLC,AS LANDLORD,AND,Bond and Smolders,LLC AS TENANT,COVERING CU 12 IN The Shops at Casa Costa,Boynton Beach, FLORIDA. In consideration of the execution of the Lease by LESSOR,the undersigned("Guarantor") hereby unconditionally guarantees to LESSOR the full and timely performance by LESSEE of all terms and conditions of the Lease,including but not limited to the payment of tine rent and all other sums payable by LESSEE. Guarantor acknowledges that it has a financial interest in LESSEE and will benefit from LESSOR entering into the Lease with LESSEE, and that this Guaranty Agreement is a material inducement for LESSOR to enter into the Lease. Guarantor agrees that(1)this obligation shall be enforceable against Guarantor without the necessity for any suit or proceedings against Tenant and without the necessity of any notice of nonpaymnent, nonperformance or nonobservance or any notice of acceptance of this Guaranty Agreement or of any other notice or demand to which Guarantor might otherwise be entitled by reason of being a guarantor, all of which are expressly waived; (2)immediately upon each and every Lease breach or default by Tenant, whether before or during the term of tine Lease or thereafter(e.g.,in any holdover period),without any notice to or demand on Guarantor,Guarantor will(i)pay to Landlord the sum or sums in arrears,(ii)pay to Landlord all damages,including but not limited to any expenses, costs and fees incurred by Landlord, that may be occasioned by Tenant's nonperformance,and(iii)comply with or perform all terms and conditions of the Lease; (3)no extension,forbearance or leniency extended by Landlord to Tenant shall wholly or partially discharge Guarantor hereunder,notwithstanding that Guarantor had no notice of any Lease breach or default or of any such leniency, forbearance or extension; (4)Landlord and Tenant, without notice to or consent by Guarantor, may at any time(s) enter into modifications, renewals, extensions,amendments and/or other agreements respecting the Lease,and Guarantor shall not be wholly or partially released thereby,it being intended that Guarantor shall continue as guarantor with respect to the Lease as so modified,renewed,extended,amended or otherwise affected and notwithstanding any assignment of the Lease or subletting in whole or in part of the premises demised by the Lease nor any holding over by Tenant beyond the term of tine Lease. The obligations of Guarantor herein shall be co-extensive with those of Tenant under the Lease and shall remain in effect as long as Tenant's obligations under the Lease are in effect. This Guaranty Agreement is continuing,absolute and unconditional and shall continue without being affected by any impairment, release or limitation of the liability of Tenant or its estate in bankruptcy resulting from the operation of any present or future provision of the Bankruptcy Code of the United States or from the decision of any court interpreting the same. Guarantor further agrees to be bound by each and every obligation of Tenant under tine Lease,with the same force and effect as if Guarantor were designated in and had executed the Lease as Tenant thereunder. This Guaranty Agreement is a primary guaranty of payment and performance and shall not be subject to any counterclaim,set-off,deduction or defense. No failure or delay on the part of Landlord in exercising any right or remedy under the Lease and/or this Guaranty Agreement shall operate as a waiver thereof nor shall a single or partial exercise of any right or remedy preclude any other or further exercise thereof,and ail rights and remedies of Landlord hereunder and under the Lease shall be cumulative. Until all of Tenant's obligations under tine Lease are firlly performed,Guarantor waives any rights that it may have against Tenant by reason of Guarantor's compliance with this Guaranty Agreement, and subordinates any liability or indebtedness of 'tenant hold by Guarantor to the obligations orTenant to Landlord tinder the Lease. If Guarantor consists of more than one person and/or entity,(a)this Guaranty Agreement shall be binding on all of them jointly and severally,and(b)notice to or from any of them will constitute notice to or from each of them. 18 To be effective,any notice or other communication to Guarantor must be sent by registered or certified mail,return receipt requested,and shall be addressed to,or such other address as may be designated by Guarantor to Landlord by registered or certified mail,return receipt requested, and the time of rendition of such notice or other communication shall be 3 business days after it is deposited in an official United States Mail receptacle,postage prepaid. To be effective,any notice or other communication to Landlord must be sent by registered or certified mail,return receipt requested,and shall be addressed c/o Merin Hunter Codman,laic., 1601 Form Place,Suite 200,West Palm Beach,Florida 33401,or such other address as may be designated by Landlord to Guarantor by registered or certified mail,return receipt requested,and the time of rendition of such notice or other communication shall be 3 business days after it is deposited in an official United States Mail receptacle,postage prepaid. This Guaranty Agreement,which is to be governed by and construed in accordance with the laws of the state in which the leased premises are located(the"Subject State"),shall also bind Guarantor's legal or personal representatives,heirs,successors and assigns(as the case may be)and inure to the benefit of Landlord's successors and assigns and any other person or entity at any time having the rights of Landlord under the Lease. Guarantor will forthwith pay to Landlord all attorneys'fees and disbursements incurred by Landlord in connection with any breach or default by Tenant under the Lease and/or the enforcement of this Guaranty Agreement,in each instance whether or not suit is brought(and if suit is brought,through appeals and collection efforts). Any sums not paid to Landlord when due hereunder will bear interest at the rate of 15% per am►um from the due date until full payment is received by Landlord. As a further inducement to landlord to make and enter into the Lease and in consideration thereof,Guarantor agrees that in my action or proceeding brought on,under or by virtue by this Guaranty Agreement,Guarantor shall and does hereby waive trial by jury and the benefit of any statute of limitations defense,and Guarantor agrees that the applicable courts of the Subject State may have jurisdiction over Guarantor upon appropriate service on Guarantor anywhere in the United States in a manner in accordance with the laws of the Subject State. Without limiting the foregoing, Guarantor hereby irrevocably appoints Tenant as Guarantor's agent for service of process related to this Guaranty Agreement. This Guaranty Agreement contains the entire agreement between the parties with respect to the matters covered hereby(all prior written and oral agreements between them regarding such matters being superseded hereby), and Guarantor acknowledges that no agent, representative, salesman or officer of Landlord or its property manager has authority to make or has made any statement,agreement or representation,either oral or written,in connection herewith,modifying, adding to or changing the terms and conditions herein set forth. No customs or dealings between the parties shall be permitted to contradict or modify the terns hereof.This Guaranty Agreement shall not be construed more strictly against one party merely by reason of such party's preparation hereof. if any provision of this Guaranty Agreement shall be held by a court to be invalid or unenforceable,to the maximum extent possible the remaining provisions hereof shall in no way be affected or impaired and such remaining provisions shall continue in full force and effect. Neither this Guaranty Agreement nor any of its provisions can be waived,modified or terminated orally,but only by a written instrument duly executed by or on behalf of the party against whom enforcement of any waiver,modification or termination is sought. Guarantor fully and expressly intends that the foregoing requirements as to a writing be strictly adhered to and strictly interpreted and enforced by any court which may be asked to consider the matter. 19 GUARANTOR: Individually Date of Birth: Social Security No.: GU r NTOR: Individually Date o Birth'—. ru.. Social Security No.: WITNESS, f NAME: ..I2•CC�S�$ —` SIGNA � 1. � C. 20 EXHralr IV Tenant shall be allowed to place above mansard signage on the Premises so long as it conforms to all city,county and state regulations. Landlord shall not unreasonably withhold approval. 21 EXIIIr31T'r' Renewal Option Tenant shall have one(I)option(s)to renew for a period of five(5)year(s)at the then fair market value, Tenant shall be required to give 180 days prior written notice of its intention to renewal, If Tenant has been in economic default at any time during the Lease Tenn or fails to submit written notification of its intention to renew then Tenant shall forfeit any renewal options hereby granted, I 22 BOYN wwwBEACH "CRA '0 CRA BOARD MEETING OF: March 10, 2020 CONSENT AGENDA AGENDAITEM: 10.E. SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the amount of $14,124 for Magic Scissors Pet Grooming, Inc. d/b/a Jackie's Grooming Spa & Hotel located in Ocean Plaza at 640 E. Ocean Avenue, Unit 18-19 SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA District boundaries with rent payment assistance for a maximum period of 12 months and are eligible to apply for assistance for up to six months from the issuance of the City of Boynton Beach Business Tax Receipt. CRA staff has received a complete grant application from Magic Scissors Pet Grooming, Inc. d/b/a Jackie's Grooming Spa & Hotel located in Ocean Plaza at 640 E. Ocean Avenue, Unit 18-19, Boynton Beach, FL 33435 (see Attachments I - II). Jackie's Grooming Spa & Hotel is dedicated to providing peace and mind for pet owners with pet grooming and pet daycare and boarding options. With over 20 years experience, Jackie is committed to offering the highest quality of comfort and care to your pets. Under the terms of their Landlord-Tenant Lease Agreement, the base rent required to be paid by the applicant is $2,354 per month (see Attachment 111). Jackie's Grooming Spa & Hotel qualifies as a Tier I I business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $1,177 per month for a 12 month period, whichever is less. If approved, Jackie's Grooming Spa & Hotel would be reimbursed in the amount of $1,177/month for a period of 12 months or a total grant amount of $14,124 during its first year of business. Grant reimbursements to the approved applicant occur on a quarterly basis with proof of rent payments. FISCAL IMPACT: FY 2019 -2020 Budget, Project Fund, Line Item 02-58400-444, $14,124 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Rent Reimbursement Grant in the amount not to exceed $14,124 to Magic Scissors Pet Grooming, Inc. d/b/a Jackie's Grooming Spa & Hotel located in Ocean Plaza at 640 E. Ocean Avenue, Unit 18-19, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Rent Reimbursement Grant Application D Attachment II - Location Map D Attachment III - Lease Agreement f f r B OY N TO N OE) __ No4,. BE AC H r AGENCY October 1, 2019 — September 30, 2020 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") Area. The program is designed to provide financial assistance 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 Area. 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 Area 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 produced by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initials Page 1 of 15 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 through a reimbursable grant in the form of a quarterly rent reimbursement. New businesses are eligible to apply for assistance for 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, permits are closed out, City and County licenses are obtained, and the business is open for operation under a Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO). For businesses that do not require any construction work, rent reimbursements will not be paid until City and County licenses are obtained and the business is open for operation. On a quarterly basis, the CRA will issue reimbursement directly to the applicant. Reimbursement is for the monthly rent payment made to the landlord, and is dependent upon receipt of verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the parties to the lease, (the tenant and the landlord). As grantor, the CRA does not bear or accept any responsibility for payment of rent at any time, or for penalties incurred for the late arrival of payments by any party. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com. Initials Page 2 of 15 t Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the CRA Area (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, as determined in the sole discretion of the CRA Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one 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 with at least two years remaining on the lease. • Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. • 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. �y Initial Page 3 of 15 Rent Reimbursement 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 Rent Reimbursement Grant Program: • Firearm Sales/Shooting Range • Convenience Store • Religion-Affiliated Retail Stores • Churches/places of worship • Non-profit organizations • Take-out Foods • Check Cashing Stores • Tattoo Shops / Body Piercing / • Kava Tea Bars Body Art Shops • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Alcohol and/or Drug Rehabilitation • Pawn Shops Centers/Housing . Medical Research Centers/Housing • Any other use that the CRA staff or • Massage/Personal Services CRA Board determine will not support the redevelopment of the CRA Area 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 Tier One Businesses are eligible for reimbursement for up to half(50%) of the business's base monthly rent or$1,750 per month, whichever is less(maximum amount of the grant is $21,000, distributed in four quarterly payments). Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market Initials Page 4 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737-3256 Fax:(561)737-3258 www.catchboynton.com r Tier Two Business Tier Two 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, distributed in four quarterly payments. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Decor/Design — home • Clothing Boutique— clothing, furnishings, art galleries, kitchen shoes & accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than 2 • Real Estate Offices approvals per fiscal year) • Bed and Breakfasts • Medical Offices • Marketing Offices • Insurance Offices • Fitness Centers • Florists (no more than 2 approvals • Specialty Businesses— stationary, per fiscal year) gifts, sporting goods 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 the 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 are 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. Initials ' Page 5 of 15 P Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561) 737-3258 www.catchboynton.com For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the CRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the CRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B)allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; C) allowing or assisting a business entity other than the grant recipient to list its place of business as the subject property; or D) allowing or assisting a business entity otherthan the grant recipient to obtain a business tax license from the City of Boynton Beach for the subject property. The fact that a business entity other than the grant recipient occupies the subject property, lists its place of business as the subject property, obtains a business tax license for the subject property, or similarly appears to use the subject property is sufficient evidence that the grant recipient has allowed or assisted such other business entity to do so and is grounds for termination of any further grant payments and seeking reimbursement for previously paid grant payments. However, it shall not be considered a prohibited subleasing when the business purpose of the applicant is to provide a space for aspiring businesses, such as when the applicant is a business incubator, commissary kitchen, or business that provides co-op workspace. The CRA will determine whether a certain applicant fits into the exception described in this paragraph on a case-by-case basis. 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. Applications will not be considered until all required documentation is submitted to the CRA office. Initials � � Page 6 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com 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: D1-�.1. non-refundable fee of$100,which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 3 of 2. Resume for each principal/owner of the business. + Copy ofDity rporate documents for the applying business entity. 4. Copy ofnd �o Business Licenses (Business Tax Receipt).* Copy ofted multi-year commercial lease agreement. . . . two years of personal tax returns for the principal/owners of a new business. sist of jobs to be created and filled including job descriptions, pay range and weekly chedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. If applicant is an existing business expanding 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. ompleted and signed application (attached). uthorization to perform credit check for the business and each principal/owner of the business (attached). W9 Form (attached). Approval of Funding Request All re wired application documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. CRA staff will review the application to evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and potential approval. Initiats Page 7 of 15 t Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com 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, during and after the project in order to determine and ensure compliance with the terms of the grant. 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 are eligible to be reimbursed to the approved applicant. Reimbursement will occur on a quarterly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next quarter beginning on January 1 st, April 1St, July 1 st and October 1st Months Eligible for Reimbursement Deadline to Submit for Reimbursement • October, November, December • January 30th • January, February, March • April 30th • April, May, June • July 30th • July, August, September • October 30th Initials .� Page 8 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com 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 uarterl _reimbursement request within 30 days following the end of the quarter in which applicant is requesting reimbursement aaIicant forfeits that guarter's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The CRA retains the right to discontinue rent reimbursement payments at any time at 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 property. 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 or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the CRA to award grant funding. Initials Page 9 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboVnton.com BOYNTON , A i, R, , APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): yy) n r r a Current Business Address: ~ 1 i J Fed ID#: 3r Z-kL , Business Phone Number: `"r r Fax: Website: UJ UJ LJ. 6 I CS.6000 rb i 1,JGS2 • C-O Existing Business: Yes No Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes Z` No Do you have an executed lease agreement Ye No If so, monthly base rent: New Business Address: 44 1 Square footage of current location: Square footage of new location: Type of Business 1" ,c L k) p p.. Number of Employees: _ Hours of Operation: Page 10 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach,FL 33435—Phone: (561)737-3256 Fax:(561)737-3258 www.catchboynton.com BOYNTON `S _.. ik�BEACH ' (.,,, �,Yx t'i, �S'„ � ,q n s2 a AGENCY tC'N APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: w n Date of Birth: E ail: .� � Residential Address: Cell Phone Number :p 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 11 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON , ism'Ift"" BEACH ' ( R A. ENT AGENCY APPLICANT INFORMATION 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 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 grant 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 furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, 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. Page 13 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON { RA immiSEACH C(.)V\AhA1UN1MY REDEVELOPMENT AGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: Principal/O eh'ssignature Date Printed N, eJ Title F ! l Princip'at/ er s ignature Date 1 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 1:-L o�Lk VA, .-COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements,personally appeared `,J V� °4, ;ro} who is/are personally known to me or produced_ as identification, anc�`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 I fty-f/t _, 2 Ay Bonnie Nicldien NOT�si is. NOTARY PUBLIC STATE OF FLORIDA My emission Expires: Comm#GG108394 vNCE9ExpirPage 4/0 215 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON t � KA momiBEACH C(',',)4SAwMUN[T1Y REDEVELOPMENT AGENCY APPLICANT INFORMATION Are you applying for garant assistant under any other program offered by the CRA? 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: I Landlord Name: Landlord's Mailing Address: Landlord's Phone Number: ) ') �j S CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). 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 Page 12 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach,FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON �ts LANLORD INFORMATION LANDLORD SIGNATURES: Landlord's Signature Date Printed Name t 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 fore oing 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_IL_. I r Nicole Jean OTARY PUBLIC Notary Public My Commission Expires: Ds 7�/j We of Florida My Commission Expires 03MON Commission No.FF 967757 Page 15 of 15 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com 10/30/2018 PAPA Maps Ekls�11 HYJACKS ,,, ,,,, ,,,,,,,,,,, CFA.AAS r Palm Beach County Property Appraiser rahOwner,Address or Parcelv 11 perty RecordOwnersS PLAZA 640 LLCPro ert dep Y ,r z ;>cr:t i;tn 640 E OCEAN AVE 1 �f C,1l,nlcipaity BOY NTON BEACH .�..� E Cacean Ave r " ,. �ocean Ave E.rGF�E�Y7 AV�c J\i t,7z r (',tce,)No. 0843452704000056(,. lar,ican LAWNS v too 27168 , } I NOV-2014 M _ 36135 MILITARY TR LAKE WORTH FL 334 , u t t!ae Ty,} 1 100-STORES ToiA 11 qu,,i,,. t 17204 - - - - r Y i r ( Sales Informer - `- Sales Date II NOV-2014 20( ! JAN-2002 78 - j;. ,o SE,1 si Ave i JAN-2002 10 (� � '<} lr t .' t» t f lett s \ 99ro,Sit •Jl ��I?��y7 ;?��ai}�� S, t41 JAN 1975 1 8( Appraisal Tax Year / r � Imp\rov m"III V'.11.e I 5 Toi,,l r/-i k,,i V.b, P= All values are as of J< E.r Prehrlun P/ I j � F Assessed/Taxabl '- l Tax Year r{ ` vtrk e S P. i F Ip r .; ,vJ�b.0 r`s}Sf us SE 2nd Avg t v 'z� u! ,�}}} z u l°�s'it{ t, s S� 7itd Ave`,.1?fi � n � �,ti• ?�?� ,.,tYl,}ilJn-illi<)u tlT - r� {�v t �' Taxes Tax Year - , 3 21' https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434527040000560 1/1 ,R SLq,s 'r�HIS LEASE AGREEMENT, made and entered into this day of C2> 1 and between Four Sons Plaza LLC or it's successors, hereinafter referred to as Landlord, whose address is PO BOX 211685, Royal Palm Beach, Florida 33421 and J ,,-, _ '/>-4,/ hereinafter referred to as Tenant, whose address is Florida 17 I WITNESSETH : tL FOR VALUE RECEIVED, it is hereby agreed that: PREMISES 1.. The Landlord, by these presents does hereby lease and rent unto the said Tenant, and said Tenant hereby agrees to lease and take upon the terms and conditions which hereinafter appear, the following described property: T3 Y F--5- hereinafter called the Demised Premises or Leased Premises. Said Demised Pre ises being a part of G��-�- ''1 -- located in Palm Beach County, 36t^- _�___ Florida. The Tenant agrees that at all times during the term of this Lease it shall, at it's own cost and expense: (a) Obtain and maintain in effect all permits and licenses necessary for the operation of Tenant's business as herein provided. (b) Comply with all rules and regulations for the use and occupancy of the Shopping Center/Office as Landlord, in its sole discretion, from time to time promulgates for the best interests of the Shopping Center/Office. Landlord shall have no liability for violation by any other tenanfi of the Shopping Center/Office of any rules or regulations nor shall such violation or the Waiver` hereof excuse Tenant from compliance. (c) Be responsible for and shall pay before delinquency all municipal, county or state taxes assessed during the term of this Lease against any leasehold interest or property of any kind owned by or placed in, upon or about the Leased Premises by the Tenant. d 'bier encumber nor obstruct the sidewalks adjoining said premises nor allow the same td,'be`obstructed or encumbered in any manner, and keep said sidewalks free of rubbish and -dirt"..' The Tenant shall not place or cause to be placed any merchandise, vending machines, or anything on the sidewalk or exterior of premises without written consent of the Landlord. TERM 2. (a) The term of this Lease shall be for 71,-< c ( 3 ) years commencing on the "Commencement Date" which shall be If the Commencement Date does not occur on the first day of a month, the Tenant shall pay rent for the fractional month on a per diem basis calculated on the basis of a 30-day month until the first day of the month when the term hereunder commences; and thereafter the minimum rent shall be paid in equal installments on the first day of each and every month in advance. Each of the parties hereto agrees that, upon the Commencement Date of this Lease or from I Each of the parties hereto agrees that, upon the Commencement Date of this Lease or from time to time thereafter, upon the reasonable request of the other party, it will execute and deliver such further instruments as may be appropriate setting forth the date of commencement and the date of expiration of the terms of this Lease. (b) In the event Tenant receives notice that the Leased Premises are ready for occupancy as herein defined and fails to take possession and to open the Leased Premises for business fully fixtured, stocked and staffed within the time herein provided, then the Landlord shall have, in addition to any and all remedies herein provided, the right at it's option to collect not only the minimum rental per day for each and every day that the Tenant shall fail to commence to do business as herein provided. RENTAL 3. a) Beginning with the "Commencement Date" as herein above provided and through- out the term hereof, Tenant agrees to pay to Landlord, or it's agents, at the address first move written, or at any other?lace designated by Landlord in writing, a monthly rental of Jyt.- Dollars* in advance on the first day of each month. (see Paragraph 36) As security for the faithful performance by Tenant of all the terms and conditions upon the Tenant's part to be performed, Tenant has this day deposited with Landlord the sum A,.tr ) Dollars* which shall be returned to Tenant, without interest, on the day set forth for the expiration of the term herein notwithstanding this Lease may be sooner terminated; provided, however, that Tenant has fully and faithfully carried out all of the terms, covenants and conditions on it's part to be performed. Landlord shall have the right to apply any part of said deposit to cure any default of Tenant and if Landlord does so, Tenant shall, upon demand, deposit with Landlord the amount applied so that Landlord shall have the full deposit on hand at all times during the term of this Lease. Tenant's failure to make such deposit within five (5) days after demand by Landlord shall, at the option of the Landlord, constitute a breach of this Lease. (b) Taxes. Tenant pay as additional rent, within ten (10) days after demand is made by Landlord, it's proportionate share of all real property taxes levied or assessed against the land and improvements in the Shopping Center/Office for any calendar year during the term s of this Lease. Tenant shall pay as additional rent within the time limit stated above, any and �-- ali assessments and/or taxes levied against Landlord for any reason whatsoever, by any municipal or governmental agency, as a direct result of the operation and existence of Tenant's business. The proportion to be paid is based upon the ratio of the square feet of the Leased Premises to the total square feet of leasable building space in the Shopping Center/Office. Tenant shall pay all assessments and all taxes levied on it's own personal property. Tenant shall further pay any tax that may be levied or assessed upon the rent reserved thereunder by any governmental authority acting under any present or future laws as a substitute in whole or in part for any real estate taxes. (see Paragraph 37 regarding payment of estimated amount on a monthly basis). (c) Tenant agrees to pay to Landlord, as additional rental, in the same manner as-set forth in Subparagraph B hereof, it's proportionate share of all liability, fire and extended coverage insurance determined by Landlord to be required or beneficial to Landlord or Tenant in connection with the buildings. * see page 2a attached hereto and made a part hereof 1 S 2 Tenant To Bear Pro-Rata Share000ra genterffiffice ODeratingCosts. I each lease year or partial lease year, as definedherein, Tenant will pay to Landlord, in addition to all other rentals specified in this Article 3, as further additional rent, a portiono the "Shopping c Operating t", fi l calculated multiplying total i Center/Office Operating Cost fraction, the numeratoris shall be the number of square contained in the Leased Premises, in of which shall be the aggregater of square feet of leasable it in space in the Shopping Center/Office. Such payment shalls provided hereinafter. Landlord shall operate, maintain and repair the Common Areas in such mannerLandlord shall, in its sole discretion determine. For these services n II pay as additional rent it's proportionateing Center/Office Operating " from and after the Commencement Date and continuing duri the term. this , including rias during is Tenant shall transact businessin the Leased Premisesprior to the Commencement Date of the term of this Lease. For the purposes of thisArticle, the term"Shopping t rj c i " shallinclude t not be limited , the costs and expenses of the following subsecti t (1 ) are for definitionI r not to be constructed Impose any obligationsLandlord: trash(1) garbage and removal; maintenance, repair and replacement ll parking lot surfaces, service , including cleaning, i , painting, striping and repaving; t , repair and replacement sidewalks, cur , guardrails, bumpers, fences, , flagpoles, bicycle . racks, Shopping Center/Officeidentification signs, directional signs, traffic signals, r i ; maintenance, repair and replacement t (I) storm and sanitarydrainage systems, including dI l plants and life stations retention rbasins; irrigation systems; (iiielectrical, , water and telephone ; (i lighting t ms including lbs, poles.and fixtures; ( sprinkler ; i) other utility s (vil) heatheating, ventilating and air conditioning and systems, i ! utilityi i i t foregoing systems; c ri interior n i planting, replanting and repf ci , shrubbery, plants, trees landscaping; maintenance, r i , r, Ic tE t! for all portions of the stores, interior and exterior, in the ShoppingCenter/ cl i Leased Premises i leased to other. tenants, including, but not limited , floors, floor coverings, ceilf f , roofs and roof flashings, canopies, skylights, signs, planters, benches, tin , elevators, escalators and stairs, fire exits, hardware, windows, glass I i ; premiums r contributions for insurance, including, r ut limitation, liability insurance l injury, death andr ; insurance int liability for defamation and claims false rr soccurring in ; workmen'scompensation; broad form and peril insurance coveringr in the Shopping Center/Office r include insurance, insurance, ii insurance and/orinsurance as is commonlyprovided in an All-Riskpolicy for the purposesthe provisionsubsection (5), Common Area shall be deemed to include Leased Premisespremises leased to other tenants; real estate taxes as definedin Section ( f this Lease imposed upon the Landlord it ings for any calendar year during the term of thisLease; maintenance, e it and acquisitionrental n /or purchase price r in lieu of purchaserie , the ! depreciation allocable theretoof all security evi s, machinery and equipmentin the operationint n c of the Common , and II personal property taxesand other charges incurred in connection i such security 3 devices, machinery and equipment; (8) all license and permit fees, and all parking surcharges that may result from any environmental or other laws, rules, regulations, guidelines or orders; the cost of obtaining and operating public transportation or shuttle bus systems as used in connection with bringing customers to the Shopping Center/Office or if required by any environmental or other laws, rules, regulations, guidelines or orders; (9) installation and operation of music program service and loudspeaker systems; (10) personnel, if any, including, without limitation, security and maintenance people on the Shopping Center/Office, the Shopping Center/Office manager and assistant Shopping Center/Office manager, or a management fee in lieu thereof, secretaries and Shopping Center/Office management bookkeepers including, without limitation, the payroll taxes and employee benefits of such personnel; and (11) Landlord's administrative overhead in an amount equal of ten (10%) percent of the total Shopping Center/Office Operating Cost. Not withstanding the foregoing provisions, Shopping Center/Office Operating Cost shall not include: (1) depreciation other than depreciation as above specified; (ii) costs of repairing and replacing to the extent that proceeds of insurance or condemnation awards are received therefore; (iii) costs of a capital nature to the extent they improve the Common Areas to beyond their original condition or utility as they may be made from time to time by Landlord; (iv) costs incurred by Landlord in the construction of the Shopping Center/Office and Landlord's work in.'the Leased Premises; (v) the cost to 'Landlord of readying other tenant space for occupancy. Landlord shall estimate the proportion of the Shopping Center/Office Operating costs attributable to Tenant and Tenant shall pay one-twelfth (1/12) thereof monthly In advance, together with the payment of Fixed Minimum Annual Rental. After the end of each calendar year, Landlord shall furnish Tenant a statement of the actual Shopping Center/Office Operating Cost and there shall be an adjustment between Landlord and Tenant, with payment to or repayment by Landlord, as the case may require, to the end that Landlord shall receive the entire amount of Tenant's annual share for such period. If the Commencement Date occurs in the calendar year during which the Shopping Center/Office Initially opens for business, then the Shopping Center/Office Operating costs for such partial calendar year shall be reduced by a fraction, the numerator of which shall be the number of days from the Commencement Date through the following December 31st and the denominator of which shall be the number of days from the date the Shopping Center/Office opened for business through the following December 31st. Tenant's obligations with respect to payments due during the term of this Lease pursuant to this Article shall survive the expiration or termination of this Lease. (e) Additional Rent. Any and all sums of money or charges required to be paid by Tenant under this Lease, whether or not the same be so designated, shall be considered "additional rent". If such amounts or charges are not paid at the time provided in this Lease, they shall nevertheless, be collectible as additional rent with the next installment of Minimum Annual Rent thereafter falling due hereunder, but nothing herein contained shall be deemed r to suspend or delay the payment of any amount of money or charges as the same becomes due and payable hereunder, or limit any other remedy of the Landlord. (f) Tenant shall pay to Landlord, in addition to and along with any and all rental 4 otherwise payable hereunder, any excise, transaction, sales, or privilege taxes, other than ' income and estate taxes, now or hereinafter imposed by any government or governmental agency upon Landlord and attributable to or measured by rent or other charges or prorations payable by Tenant hereunder. (g) In the event Tenant is late in the payment of rent or other sums of money required to be paid under this Lease, Tenant agrees to pay to Landlord a late charge of five cents for each dollar of each payment five days or more in arrears. Said payment shall be to cover extra expenses incurred by Landlord in handling delinquent payments. In addition to the late charge referred to above, any and all payments in arrears for more than fifteen (15) days shall bear interest, payable as rent to Landlord at the highest interest rate the Landlord is allowed to charge under applicable law; provided, however, that said interest rate shall in no event exceed fifteen (15%) percent per annum. The provisions of this Section are available to Landlord in the event of Tenant's default as provided for under this Lease. TENANT IMPROVEMENTS 4. Tenant accepts the Leased Premises on an,"as-is" basis. Tenant shall, at Tenant's expense, complete all necessary Tenant improvements so as to complete construction of he Leased Premises as a completed unit, in a good and workmanlike manner, and in compliance with all rules, regulations and ordinances of any governmental agency or department having jurisdiction. All plans and speciflcations for Tenant improvements shall be subject to approval by Landlord, which approval shall not be unreasonably withheld. SITE PLAN S. The purpose of the site plan attached hereto as Exhibit "A" is to show the approximate location of the Leased Premises. Landlord reserves the right at any time to relocate the various buildings, automobile parking areas, and other common areas as shown on said site plan. Notations and designations found thereon are intended only for the convenience of the Landlord and in no way define, limit, construe or describe the scope or extent or in any way affect this Lease. FIXTURES 6. All fixtures installed by Tenant shall be new or reasonably reconditioned. Tenant shall not make or cause to be made any alterations, additions, or improvements, or install or cause to be installed any trade fixtures, exterior signs, floor covering, interior or exterior lighting, plumbing fixtures, shades or awnings, or make any changes to the storefront without first obtaining Landlord' written approval and consent, not to be unreasonably withheld. Tenant shall present to the Landlord plans and specifications for such work at the time approval is sought. All alterations, decorations, additions or improvements made by the Tenant, or made by the Landlord on the Tenant's behalf by agreement under the Lease, shall remain the property of the Tenant for the term of the Lease or any extension or renewal thereof. The Tenant shall at all times maintain fire insurance with extended coverage naming the Landlord as an additional insured and the Tenant, in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements n the event offire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies which shall contain a clause requiring the insurer to give Landlord ten days' notice of cancellation of such policies. Such alterations, decorations, additions and improvements shall not be removed from the premises without prior consent in writing from the Landlord. 5 k., f., If after default in payment of rent or violation of an other provisions of this Lease, or upon the ' expiration of this Lease, the Tenant moves out or is dispossessed and fails to remove any trade fixtures, signs or other property prior to such said default, removal, expiration of lease, or prior to the issuance of final order or execution of warrant, then and in that event, the said fixtures, signs and property shall be deemed abandoned by Tenant and shall become the property of the Landlord, or Landlord may notify Tenant to remove same at Tenant's own cost and expense, and upon the failure of Tenant to do so, Landlord may, in addition to any other remedies available to it, remove said property as the duly authorized agent of Tenant, at Tenant's expense. ALTERATIONS 7. (a). Tenant may, at it's expense, make such alterations and improvements to the Demised Premises and install interior partitions as it may require, provided the written approval of the Landlord, such approval shall not be unreasonably withheld, be first obtained and that such Improvements and alterations are done in a workmanlike manner in keeping with all building codes and regulations and in no way harm the structure of the Demised Premises, provided that at the expiration of this Lease or any extension thereof, Tenant, at it's expense, restores the within Demised Premises to it's original condition and repairs any damage to the premises resulting from the installation or removal of such partitions, fixtures, or equipment as may have been installed by Tenant, if requested to do so by Landlord The Landlord shall not be liable for any labor or materials furnished or to be furnished to the Tenant upon credit, and no mechanic's or other lien for any such labor or materials shall attached to or effect the reversion or other estate or interest of the Landlord in and to the leased property, based upon any act or interest of the Tenant or of anyone claiming through the Tenant, or if any security agreement shall have been filed for or effecting any materials, machinery, or fixtures used thereto by the Tenant, the Tenant shall immediately take such action by bonding, deposit or payment as will remove the lien or security agreement. If the Tenant has not removed the lien within ten days after notice to the Tenant, the Landlord may pay the amount of such mechanic's lien or security agreement or discharge the same by deposit, and the amount so paid or deposited, with interest thereon, shall be .deemed additional rent reserved under this Lease, and shall be payable forthwith with interest at the highest legal rate from the date of such advance, and with the same remedies to the Landlord as in the case of default in the payment of rent as herein provided. (b). Tenant shall at all times keep the Leased Premises including maintenance of exterior entrances, all glass and window moldings, and all partitions, doors, fixtures, equipment and appurtenances thereof including lighting, heating and plumbing fixtures, escalators, elevators, and any air conditioning system in good order, condition and repair including reasonably periodic painting as determined by Landlord, except for structural portions of the premises which shall be maintained by Landlord, but if Landlord is required to make repairs to structural portions by reason of the acts or omissions of Tenant, it's agents, employees or invitees, Landlord may add the cost of such repairs to the rent which shall thereafter become due. LANDLORD/TENANT RESPONSIBILITIES TO PREMISES S. Landlord gives to Tenant exclusive control of premises and shall be under no obligation to inspect said premises. Tenant shall at once report in writing to Landlord any defective condition known to him which Landlord is required to repair, and failure to so report such defects shall make Tenant responsible to Landlord for any liability incurred by Landlord by reason of such defect. Notwithstanding any provision in this Lease to the contrary, Landlord shall not be responsible or liable to Tenant for any injury or damage from acts or omissions of persons occupying the property adjoining the Leased Premises or any part of the building of which the Leased 6 Premises is a part, or for any injury or damage resulting to the Tenant, or its property, from bursting, stoppage, or leaking of water, gas, sewer, or steam pipes or from any structural defect in the roof, exterior walls or the like. Except as caused by whole or in part by the actions or inactions of Landlord. USE 9. (a) Premises shall be used for and no other without the prior written consent of Landlord. Premises shall not be used for any illegal purposes, nor in any manner to create any nuisance or trespass, nor in any manner.to vitiate the insurance or increase the rate of insurance on premises, and subject to right of other Tenant's issues. (b) Tenant shall operate 100% of the Leased Premises during the entire term of this Lease with due diligence and efficiency se as to predwee a" ef the grass sales whieh may be operation, unless prevented from doing so by causes beyond Tenant's control. Tenant shall conduct it's business in the Leased Premises during the regular customary days and hours for such type of business in the city or trade area in which the Shopping Center/Office is located. and will keep the Leased Premises open for business during the same days, nights and hours as the majority of the chains and department stores located in the Shopping Center/Office. (c) During the term of this Lease Tenant shall not directly or indirectly engage in any similar or competing business within a radius of three miles from the outside boundary of the Shopping Center/Office. Tenant shall not perform any acts or carry on any practices which may injure the building or be a nuisance or menace to other tenants in the Shopping Center/Office. (d) Tenant will not at any time use or occupy the Demised Premises in violation of the certificate of occupancy issued for the building of which the Demised Premises form a part. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant's business or other activity carried on in the Leased Premises or if failure to procure such license or permit might or would, in any way, affect Landlord, the Shopping Center/Office or the Leased Premises, then Tenant, at Tenant's expense, shall, at all times, comply with the requirements of each such license or permit. Tenant shall promptly comply with all laws and ordinances and lawful orders and regulations affecting the premises hereby leased and the cleanliness, safety, occupancy and use of same, including, without limitation, any zoning laws and ordinances affecting the Premises. (e) Tenant, at Tenant's sole cost and expense, shall promptly comply with all laws and ordinances and lawful orders and regulations affecting the Leased Premises and the cleanliness, safety, occupancy, alteration and use of same, including, but not limited to, the Americans with Disabilities Act of 1990 ("ADA"), as more fully set forth below, and the Clean Air Act. Tenant, at its sole cost and expense, shall be responsible for complying with all applicable provisions of the ADA relating to: (A) the physical condition of the Leased Premises; (B) Tenant's policies and the operation of its business in or from the Leased Premises; and (C) Tenant's employment and employment related practices. Landlord shall have no responsibility whatsoever for compliance with the ADA within the Leased Premises. Tenant shall indemnify, defend and hold harmless, Landlord from and against any and all claims, actions, damages, liability, cost and expense, including attorney fees, in connection with or resulting from compliance or noncompliance with the ADA relating to those matters described in Sub-parts (A), (B), and (C) above. (f) Tenant agrees that Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display, if, in Landlord's opinion, the continued use thereof would impair the reputation of the Shopping Center/Office as a desirable place to shop or is otherwise out of harmony with the general character thereof, and upon notice from Landlord, Tenant shall forthwith refrain from 7 or discontinue such activities. CONDITIONS TO GRANT 10. The provisions against subletting elsewhere contained in this Lease shall not prohibit Tenant from granting concessions for the operation of one or more departments of the business which Tenant is permitted by this Lease to conduct in or upon the Leased Premises; provided, however, that (a) each such concession may be granted only upon receipt by Tenant of the written consent of the Landlord and shall be subject to all the terms and provisions of this Lease; bus be epeFated by Tenant. Tenant expressly convenants that it will not assign, mortgage or encumber this agreement nor under-let, suffer or permit the Demised Premises or any part thereof to be used by others without the prior written consent of Landlord in each Instance. If this Lease be assigned or if the Demised Premises or any party thereof be under-let or occupied by anyone other than Tenant without the express-written' consent of Landlord had and obtained, Landlord may collect rent from the assignee, under-tenant, or occupant and apply the net amount collected to all rent herein reserved, but no assignment, under-letting, occupancy or collection shall be deemed a waiver of this covenant or the acceptance of the assignee, under-tenant, or occupant as Tenant, or a release of the performance of the covenants on Tenant's part herein contained. In the event the Landlord's written consent is given to an assignment or subletting, the Tenant shall nevertheless remain liable to perform all covenants and conditions thereto and to guarantee such performance by his assignee or sub-tenant. QUIET ENJOYMENT 11. The Landlord covenants that the Tenant, upon payment of the rent and additional rent above reserved, upon the due performance of the covenants and agreements herein contained, shall and may at all times during the term hereby granted peaceably and quietly have, hold and enjoy the Demised Premises for the term of this Lease. However, the Landlord shall have no liability whatsoever to the Tenant for any breach of this covenant occasioned by the acts or omissions of any transferee, successor, or assignee of the Tenant. TENANT NEGLECT 12. If Tenant refuses or'\neglects to repair property as required hereunder to the reasonable satisfaction of Landlord as soon as reasonably possible after written demand,- Landlord may make such repair without liability to Tenant for any loss or damage that may accrue to Tenant's merchandise, fixtures, or other property or to Tenant's business by reason thereof, and upon completion thereof, Tenant shall pay Landlord's costs for making such repairs plus 20% for overhead, upon presentation of bill therefore, as additional rent payable with the next rent payment due under this Lease. Said bill shall include interest at the highest legal rate on said cost from the date of completion of repairs by Landlord. UTILITIES l 13. Tenant shall be solely responsible for and promptly pay all charges for heat, water, 8 gas, electricity and/or any other utility used or consumed in the Leased Premises. Should Landlord elect to supply the water, gas, heat, electricity and/or any other utility used or consumed in the Leased Premises, Tenant agrees to purchase and pay for the same as additional rent at the applicable rates filed by the Landlord with the proper regulatory authority. In no event shall Landlord be liable for an interruption or failure in the supply of any such utilities to the Leased Premises unless caused by the actions or inactions of the Landlord. The Tenant shall use reasonable diligence in the conservation of these utilities. Nothing contained in this.Section shall be construed as a representation by Landlord that any of said utilities are available at the premises. Tenant agrees to keep the Demised Premises heated and air- conditioned at such levels as may be reasonably required by the Landlord to protect the buildings and prevent dissipation of the heat and air-conditioning in those areas immediately adjacent to the premises. INSURANCE 14. (a) Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect: bodily injury and public liability insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per accident and injury; property damage insurance in an amount not less than THREE HUNDRED THOUSAND DOLLARS ($300,000.00); and workman's compensation insurance in the maximum amount permitted under law. The policy shall name Landlord, and any appropriate person, firm or corporation designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord thirty (30) days prior written notice. The insurance shall be in an insurance company approved by Landlord and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the Commencement Date. In no event shall the limits of said insurance policy be considered a limitation of liability of Tenant under this Lease. Landlord shall maintain public liability Insurance either through the purchase of insurance or a.self..-insurance plan on the Common Areas providing coverage in such amounts as may be determined by Landlord, but in no event less.than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), against liability for injury to or death of any one person and ONE MILLION DOLLARS ($1,000,000.00) for anyone occurrence, or in lieu of the foregoing a combined single bond of at - least ONE MILLION" DOLLARS ($1,000,000.00). (b) Plate Glass Insurance. The replacement of any plate glass damaged or broken from any cause whatsoever in and about the Leased Premises shall be Tenant's responsibility. Tenant shall, during the entire term hereof, keep in full force and effect a policy of plate glass insurance covering all the plate glass of the Leased Premises, in amounts satisfactory to Landlord. The policy shall name Landlord and any appropriate person, firm or corporation designated by Landlord and Tenant, as insured and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord thirty (30) days prior written notice. The insurance shall be in an insurance company approved by the Landlord and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the Commencement Date. (c) All Risk Insurance. Tenant shall at all times during the term hereof, and at it's own cost and expense, maintain in effect policies of insurance covering it's fixtures and equipment located on the Leased Premises, in an amount not less than one hundred (100%) percent of their actual cash value, providing protection against any peril included within the standard classification of "All Risk" together with insurance against sprinkler damage, vandalism and malicious mischief. The proceeds of such insurance, so long as this Lease remains in effect, shall be used to repair or replace the fixtures and equipment so insured. (d) Rent fnsur-gngg. The Tenant shall preyide the lzandier-d with rent aga nst less ef Tent due te FIFe and risks new eF thereafteF embFaeed by"All Risk eeyer-age" in an anieunt equal to the ameunt ef Fixed Minimum Annual Refit te be Paid by-Tenant tegether 9 with the annual ad Ya!eFeFn and Feal estate taxes, and Shepping Gemtef/Gfflee Gperating Gests, and all ether eharges payable as additienal Fent undet: this Lease fer ene (1) yeaF after sweh an eeeumenee. A" Fent ffinsuFanee pelieies previded for- herein shall Hafne the Lain-141-Aird as . beverages,(e) 6iguer- Wabalky insuFange Gayeraqg. if the Tenant- Is engaged in the sa aleehelie ► the Tenant sha" pFey*de the 6andIeFd with a liquer liability insuranee pelley, naming the abilgated te pay as eempensatert eF punitive damages due te injupt sustained by any per-son ► , (f) Increase to_Fire Insurance Premium, Tenant agrees that it will not keep, use, sell or offer for sale in or upon the Leased Premises an article which may be prohibited by the standard form of All Risk insurance policy. Tenant agrees to pay any increase In premiums for All Risk insurance that may be charged during the term of this Lease on the amount of such insurance which may be carried by Landlord on said Leased Premises or the building of which they are a part, resulting from the type of merchandise sold. by Tenant in the Leased Premises, whether .or not Landlord has consented to the same. In determining whether increased premiums are the result of Tenant's use of the Leased.Premises, a schedule issued by the organization making the insurance rate on the Leased Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make up the fire insurance rate on the Leased Premises. Tenant agrees to promptly make, at Tenant's cost, any repairs, alterations, changes and/or improvements to Tenant's equipment in the Leased Premises required by the company issuing Landlord's All Risk insurance so as to avoid the cancellation of or the increase in premiums on said insurance. In the event Tenant's occupation and use of the Leased Premises causes any increase of premium in the fire and/or casualty insurance rates on the Leased Premises or any part thereof above the rate for the least hazardous type of occupancy legally permitted in the Leased Premises, the Tenant shall pay the additional premium on the fire and/or casualty insurance policies by reason thereof. The Tenant shall also pay in such event, any additional premium on protection against rent loss. Bills for such additional premiums shall be rendered by Landlord to Tenant at such times as Landlord may elect and shall be due from and payable by Tenant when rendered, and the amount thereof shall be deemed to be additional rent. (g) Waiver of Subrogation. Landlord and Tenant waive, unless said waiver should invalidate any such insurance, their right to recover damages against each other to the extent the damaged party recovers for same from it's insurance carrier. Any insurance policy procured by either Tenant or Landlord which does not name the other as a named insured shall, if obtainable, contain an express waiver of any right of subrogation by the insurance company, including but not limited to Tenant's workmen's compensation carrier, against Landlord or Tenant, whichever the case may be. All public liability and property damage policies shall contain an endorsement that either party, although named as an insured, shall '4ievertheless be entitled to recover for damages caused by the negligence of either party. INSURANCE DEFAULT BY TENANT 15. On default by Tenant in obtaining any insurance required hereunder or delivering any policies or paying the premiums or other charges thereon as' aforesaid, it shall be the privilege, though not the obligation, of Landlord to effect fully such insurance and likewise to pay any premiums or charges thereon. All sums so paid by Landlord and all costs and expenses incurred by Landlord in connection therewith, together with interest thereon at the highest legal rate from the respective dates of Landlord's making of each such payment, shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord on demand. 10 DESTRUCTION OF PREMISES 15. If all or part of the Leased Premises is damaged or destroyed by fire or other casualty, this Lease and all of it's terms, covenants and conditions shall, subject to the provisions hereinafter set forth, continue in full force and effect. (a) In the event that the damage to the shopping center of which the Leased Premises is a part is so extensive as to amount practically to the substantial destruction of the Shopping Center/Office, then and in that event, this Lease shall cease and the rent shall be apportioned to the time of the destruction. (b) In the event that the Shopping Center/Office is not so destroyed as to require that the Lease be terminated as provided for in (a) above, then, provided that such loss is insured and that all of the proceeds of said insurance coverage are made available to the Landlord by any fee or leasehold mortgagee whose interest may be superior to the Landlord; and provided the destruction does not result in a termination or cancellation of an underlying ground lease, if any; and further provided that the term of this Lease shall have at least three (3) years to run or in the event that said Lease is in it's last three years provided that the Tenant herein agrees to extend the term of this Lease in accordance with the terms and conditions of the section of this Lease dealing with Option to Renew, if any, then and in that event the Landlord shall repair and rebuild to Shopping Center/Office with reasonable diligence. (c) in the event ef any less eF destruetlen to a pFincipalAtanehee temant in the Shapping Genter/GfRee is sueh that the lease ef said pizinelpal Tenant as teFFFIlRated, theR aR4 in that event ltand!Wd Fnay at it's sale eptlen eleet to terminate this 6ease effeetive the date eF less. (d) In the event of any loss or destruction which is not provided for in Sections (a), (b) and (c) above, the Landlord may at it's sole option, elect to terminate this Lease effective the date of loss or elect to repair the premises and have said Lease continue in full force and effect subject to the provisions herein. To the extent that the loss or destruction of the Shopping Center/Office of which the Leased Premises is a part substantially interferes with the operation of the Tenant's business, thus required the Tenant to temporarily close it's business to the public, the fixed minimum rental shall be abated from the date of such closing to the date the damage shall have been substantially repaired so as to enable the Tenant to continue it's business. Tenant acknowledges and agrees that Landlord will not carry insurance of any kind on Tenant's furniture and furnishings or on any trade fixtures, equipment, improvements or appurtenances removable by Tenant under the provisions of this Lease, and that Landlord shall not be obligated to repair any damage thereto or replace the same except in the event of Landlord's gross negligence or misconduct. SUBORDINATION 17. This Lease is subject and subordinate to all ground or underlying leases which may now or hereinafter affect the real property of which the Demised Premises form a part and to all mortgages which may now or hereinafter affect such leases or the real property of which the Demised Premises form a part and to all renewals, modifications, consolidations, replacements and extensions thereof, provided that such mortgages shall provide that this Lease may not be cut off by foreclosure so long as Tenant shall not be in default in the performance of any Tenant's obligations hereunder. This clause shall be self-operative and no further instrument of subordination shall be required by mortgagee. In confirmation of such subordination, Tenant shall execute promptly any certificate that Landlord or mortgagee may request. Tenant hereby constitutes and appoints Landlord as Tenant's attorney-in-fact to II execute any such certificate or certificates for and on behalf of Tenant. Tenant agrees that at any time and from time to time within ten days following written notice from the Landlord it will execute, acknowledge and deliver to Landlord or any proposed mortgagee or purchaser, in recordable form, a statement in writing certifying that this Lease is unmodified and in full force and effect or if there shall have been modifications, that the same is in full force and effect as modified and stating the modifications, that there are no defenses or offsets thereto or stating those claimed by Tenant and the dates to which the rent and other charges have been paid in advance; if any, and stating whether or not the Landlord is in default in the performance of any covenant, agreement, or condition contained in this Lease, and, if so, specifying each such default and setting forth such other matters and information as may be reasonably required from a prospective mortgagee or purchaser of the Shopping Center/Office, it being intended that any such statement delivered pursuant to this Section may be relied upon by any prospective purchaser of the fee or any mortgagee thereof or any assignee of any mortgage upon the fee of the Demised Premises. Failure by the Tenant to comply with the provisions of this Section shall make the Tenant liable for all costs and damages suffered by the Landlord as a result of said failure to act. CONDEMNATION 18. In the event that the whole of the Shopping Center/Office shall be lawfully condemned or taken in any manner for any public or quasi-public use, this Lease and the term and estate hereby granted shall forthwith cease and terminate as of the date of actual taking. In the event of a condemnation or taking of a substantial part of the Demised Premises so as to destroy the usefulness of the premises for the purpose for which the premises were leased. Tenant shall have the right, by delivery of notice in writing to Landlord with thirty (30) days after the vesting of title, to terminate this Lease and the term and estate hereby granted as of the date of actual taking. If the whole of the Common Areas in the Shopping Center/Office shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, then the term of this Lease shall cease and terminate as of the date of title vesting in such proceeding unless Landlord shall take immediate steps to provide other parking facilities substantially equal to the previously existing ratio between the common parking areas and the Leased Premises, and such substantially equal parking facilities shall be proved.by Landlord at it's own expense within ninety (90) days from the date of acquisition. In the event that Landlord shall provide such other substantially equal parking facilities, then this Lease shall continue in full force and effect. In any event, Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease. In the event of a partial condemnation which is not substantial enough to destroy the usefulness of the premises for the purposes for which they were leased, or in the event Tenant shall not terminate this Lease within the time above limited, Landlord shall, provided that the proceeds of the condemnation award are made available to the Landlord by any fee or leasehold mortgagee whose interest may be superior to that of the Landlord; and further provided that the condemnation does not result in a termination or cancellation of any underlying ground lease, promptly, but subject to reasonable delays, restore the Demised Premises to an architectural unit as nearly like it's condition prior to such taking as shall be practicable, not including Tenant's fixtures, furnishings, floor coverings, equipment, stock, or other personalty, and this Lease shall continue in full force and effect, except that, effective as of the date of actual taking, the fixed minimum rent shall be diminished by the amount representing the part of said rent applicable to that portion, if any, of the Demised Premises which is so condemned or taken. In the event of termination in any of the cases herein above provided, this Lease and the term and estate hereby granted shall expire as of such taking in the.same manner and with the same effect as if that were the date hereinbefore set for the expiration of the term of this 12 Lease, and the rent shall be apportioned as of such date. In the event of any condemnation or taking mentioned in this Section, whether or not this Lease shall be terminated, Landlord shall be entitled to receive the entire award in .the condemnation proceeding without deduction therefrom for any estate vested by this Lease in Tenant, and Tenant shall receive no part of such award. Tenant hereby expressly assigns to Landlord any and all right, title, and interest of Tenant now or hereafter arising in or to any such award or any part hereof. Although all damages in the event of any condemnation are to belong to the Landlord whether such damages are awarded as compensation for diminution in value of the leasehold or to the fee of the Leased Premises. Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant in Tenant's own right on account of any and all cost or loss to which Tenant might be put in removing Tenant's merchandise, furniture, fixtures, leasehold improvements and equipment, as well as any award given for the unamortized value of Tenant's improvements, excluding those paid for by Landlord. INDEMNIFICATION OF LANDLORD 19. Tenant will indemnify Landlord and save it harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and /or damage to property arising.from or out of an occurrence in, upon or at the Leased Premises, or the occupancy or use by Tenant of the Leased Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, it's agents, contractors, employees, servants, lessees or concessionaires. In case Landlord shall, without fault on it's part, be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by Landlord in connection with such litigation. Tenant shall also pay all costs, expenses and reasonable attorneys' fees that may be incurred or paid by Landlord in enforcing the covenants and agreements in this Lease. BROKER'S COMMISSION 20. Tenant represents and warrants that there are no claims for brokerage commission or finder's fees in connection with the execution of this Lease, and Tenant agrees to indemnify the Landlord against and hold it harmless from all liabilities arising from any such claim including, without limitations, the cost of counsel fees in connection therewith. PARKING AND COMMON AREA 21. The parking area, employee parking space, driveways, entrances and exits and all other common areas and facilities provided by Landlord for the general use, in common, of Tenants, their employees and customers, shall at all times be subject to the exclusive control and management of Landlord, and Landlord shall have the right to establish, modify, change and enforce uniform and non-discriminatory rules and regulations with respect to the parking area, employee parking area, and other Common Areas and facilities herein above mentioned, and Tenant agrees at all times to abide by and conform to such rules and regulations. Tenant agrees that it and it's officers and employees will park their automobiles only in such space as Landlord may from time to time designate as employee parking space, which may at the election of Landlord, be adjacent to the Center and separated therefrom by intervening streets. 13 i Landlord shall have the right to close any part of the parking area or the employee parking space or other Common Areas and facilities for such time as Landlord in it's sole discretion deems necessary for the benefit of the Shopping Center/Office. All Common Areas and facilities not within the Leased Premises which Tenant may be permitted to use and occupy are to be used and occupied under a revocable license, and if any such license be revoked, or if the amount of such areas be diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation or diminution of such areas be deemed constructive or actual eviction. DEFAULT 22. If Tenant shall default in the payment of any rent or other payments required to Tenant or any part thereof, and if such default shall continue for five days after the payment shall be due; or if Tenant shall default in the performance or observance of any other agreements or conditions on it's part to be performed or observed, and if Tenant shall fail to cure said default within ten days after notice of said default from,Landlord; or if any person shall levy upon, take, or attempt to take this leasehold interest or any party thereof upon execution, attachment, or other process of law; or if Tenant shall default with respect to any other lease between it and Landlord; or if the premises shall be deserted, vacated, abandoned, or business operations shall not be conducted therein for a period of three or more days; or if this Lease or any interest therein shall by operation of law devolve upon or pass to any person or persons other than Tenant; or if Tenant shall fail to move into and take possession of the Demised Premises and open for business within 30 days after. Landlord's giving notice to Tenant that the Demised Premises are ready for occupancy by Tenant, then, in any of said cases Landlord lawfully may immediately, or at any time thereafter and without any further notice or demand, terminate this Lease and Tenant will forthwith quit and surrender the Demised Premises, but Tenant shall remain liable as hereinafter provided. If this Lease shall be terminated as provided in this Section: The Landlord may immediately, or any time thereafter, re-enter and resume possession of the Demised Premises and remove all persons and property therefrom either by summary dispossess proceedings or by a suitable action or proceeding at law or in equity, or by force or otherwise, without being liable for any damages therefore. No re-entry by the Landlord shall be deemed an acceptance of a surrender of this Lease. The Landlord may relet the whole or any part of the Demised Premises for a period equal to, or greater, or less than the remainder of the term of this Lease, at such rental and upon such terms and conditions as the Landlord shall deem reasonable, to any tenant or tenants which it may deem suitable and satisfactory for any use and purpose which it may deem appropriate, In no event shall the Landlord be liable in any respect for failure to relent the Demised Premises or in the event of such reflecting, for failure to collect the rent thereunder. Any sums received by the Landlord on a reflecting in excess of the rent reserved in this Lease shall belong to the Landlord. EXPENSES OF ENFORCEMENT 23. In the event any payment due Landlord under this Lease shall not be paid on the due date, said payment shall bear interest at the rate of fifteen (15%) percent per annum from the due date until paid unless otherwise specifically provided herein, but the payment of such interest shall not excuse or cure any default by Tenant under this Lease 14 In no event, however, shall the interest rate charge pursuant hereto or pursuant to any other provision of this Lease be greater than the maximum rate permitted by law. In the event that is shall be necessary for Landlord to give more than one (1) written notice to Tenant of any violation of this Lease, Landlord shall be entitled to make an administrative charge to Tenant of Twenty-Five ($25.00) Dollars for each additional notice. Tenant recognizes and agrees that the charges which Landlord is entitled to make upon the conditions stated in this Section represent, at. the time this Lease is made, a fair and reasonable estimate and liquidation of the costs of Landlord in,the administration of the Shopping Center/Office resulting from the events described, which costs are not contemplate or included in any other rent or charges to be paid by Tenant to Landlord under this Lease. Any charges becoming due under this Section of.this Lease shall be added to and become due with the next ensuing monthly payment of Fixed Minimum Annual Rent and shall be collectible as a part thereof. LEGAL EXPENSES 24. In the event that is shall become necessary for Landlord to employ the services of any attorney to enforce any of it's rights under this Lease or to collect any sums due to it under this Lease or to remedy the breach of any covenant of this Lease on the part of the Tenant to be kept or performed, regardless of whether suit be brought, Tenant shall pay to Landlord such reasonable Fee as shall be charged by Landlord's attorney for such services. Should suit be brought for the recovery of possession of the Leased Premises, or for rent or any other sums due under this Lease, or because of the breach of any of Tenant's covenants under this Lease, Tenant shall pay to Landlord all expenses of such suit and any appeal thereof, including a reasonable attorneys' fee. SIGNS 25. Tenant may install and maintain electric or other artistic signs capable to being illuminated, advertising it's business or products sold in the Demised Premises, provided that Tenant obtains the necessary permits from proper governmental authorities for the erection and maintenance of said sign, and the prior written approval and consent of the Landlord as to size, type, design and location of the sign on the premises, which approval will not be unreasonably withheld. Signs installed by Tenant shall be non-audible and non-flashing. FORCE MAJEURE 26. In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restricting governmental laws of regulations, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of such delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent, percentage rent, additional rent, or any other payments required by the terms of this Lease. HOLDING OVER 27. If the Tenant shall occupy said premises with consent of the Landlord after the expiration of this Lease and rent is accepted from said Tenant, such occupancy and payment shall be construed at an extension of this Lease for the term of one month only from the date of such expiration and occupation thereafter shall operate to extend the term of this Lease for but one month at a time unless other terms of such extension are endorsed hereon in writing and signed by the parties hereto. In such event, if either Landlord or Tenant desires to terminate said occupancy at the end of any month after the termination of this Lease, the party so desiring to terminate the same shall give the other party at least 30 days written 15 notice to that effect. RUBBISH REMOVAL 28. The Tenant shall keep the premises clean, both inside and outside, at it's own expense, and will remove the ashes, garbage, excelsior, straw and other refuse from said premises. The Tenant shall not burn any materials or rubbish of any description upon said premises. Tenant agrees to keep all accumulated rubbish in covered containers and to have same removed regularly, and to store the same in those areas of the Shopping Center/Office designated by the Landlord from time to time for the storage of rubbish awaiting collection. If no such area is designated by the Landlord, then to store said rubbish awaiting collection within the interior of the Leased Premises. All contractors employed by Tenant for removal of refuse and rubbish must be approved, in advance of employment, in writing by Landlord. In the event the Tenant fails to keep the Demised Premises and other portions theretofore described in the proper condition, the Landlord may cause the same to be done for that Tenant and the Tenant hereby agrees to pay the expenses thereof on demand, as additional rent. GENERAL CONDITIONS 29. This Lease shall be subject to the following general conditions: (a) If the Tenant shall default in the performance of any covenant or condition in this Lease required to be performed by the Tenant, the Landlord may perform such covenant or condition for theaccount and at the expense of the Tenant. If the Landlord shall incur any expenses, including reasonable attorneys' fees, in instituting, prosecuting or defending any action or proceeding, instituted by reason of any default of the Tenant, the Tenant shall reimburse the Landlord for the amount of such expense or additional rent. The provisions of this Paragraph shall survive the termination of this Lease. (b) Landlord hereby reserved the right to make alterations or additions to and to build additional stories on the building in which the premises are contained and to build adjoining the same. Landlord also reserves the right to construct other buildings or improvements in the Shopping Center/Office from time to time and to make alterations thereof or additions thereto and to build additional stores on any such building or buildings and to build adjoining same. (c) If any excavation shall be made upon land adjacent to the Leased Premises, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter upon the Leased Premises for the purpose of doing such work as Landlord shall deem necessary to preserve the wall or the building of which the Leased Premises form a part from injury or damage and to support the same by proper foundations, without any claim for damages or indemnification against Landlord for diminution or abatement of rent. (d) No failure of Landlord to exercise any power given Landlord hereunder, or to insist upon strict compliance by Tenant with it's obligation, hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of Landlord's right to demand exact compliance with the terms. (e) This Lease and the Exhibits, and Riders, if any, attached hereto and forming a art hereof, contain all the covenants,, promises, agreements, conditions, representations and understandings between Landlord and Tenant with respect to the subject matter hereof, and supersede any prior agreements between the parties hereto, with respect to the subject matter hereof. Tenant hereby acknowledges that there are no covenants, promises, 16 agreements, conditions, representations or understandings, either oral or written, between the parties hereto, other than those set forth herein or provided for herein, with respect to the subject matter hereof. Tenant further acknowledges and represents that it has not relied on any covenants, promises, agreements, conditions, representations or understandings, either oral or written, other than those set forth herein or provided for herein, with respect to subject matter hereof, as an inducement to enter into this Lease. No alteration, amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by each party. This Agreement is not intended to confer upon any person other than the parties hereto any rights or remedies hereunder. (f) Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed of the Leased Premises by reason of the violation by Tenant of any of the covenants or conditions to this Lease, or otherwise. (g) Tenant waives all homestead rights and exemptions which he may have under any law as against any obligations owing under this Lease. Tenant hereby assigns to Landlord his homestead and exemption. (h) Tenant agrees not to change the advertised name of the business operated in the Leased Premises without the written permission of the Landlord. (1) All rights and liabilities herein given to or imposed upon the respective parties hereto shall extend to and bind the several respective heirs, executors, administrators, successors, and assigns of the said parties and if there shall be more than one tenant, they shall all be bound jointly and severally by the terms, covenants and agreements herein. (j) Landlord may card the premises "For Sale" at any time and "For Rent" thirty (30) days before the termination of this Lease. Landlord may enter the premises at reasonable hours on reasonable advance notice to exhibit same to prospective purchasers or tenants and to make repairs required of Landlord under the terms hereof, or to make repairs to Landlord's adjoining property, if any. (k) In cases which this Lease provides for the settlement of a dispute or question by arbitration, the same shall be settled by arbitration before three arbitrators unless the Landlord and Tenant shall agree to one arbitrator designated by the American Arbitration Association and in accordance with the rules of such association. The expense of arbitration proceedings conducted hereunder shall be borne equally by the parties. (1) Tenant agrees that whenever is it necessary to avoid a strike, boycott or other work stoppage in or about the Shopping Center/Office that is will employ union labor for the purpose of making any alterations, additions or improvements on or about the Demised Premises. (m) Tenant agrees, at it's own expense, to promptly comply with all requirements of any legally constituted public authority made necessary by reason of Tenant's occupancy of the Leased Premises. (n) Tenafit agFees that,-in the event the tenants eeeupying-mepe than 591% eF (o) In every instance where Landlord's approval is required, said approval shall not be unreasonably withheld. (p) Confidentiality. Tenant agrees that it shall not disclose the terms of this Lease to persons who are not parties to this Agreement unless required by lawful court order or otherwise by law. Tenant recognizes and agrees that the subject of this Paragraph is unique 17 a, and that the failure of Tenant to perform or fulfill its obligations hereunder will result in • irreparable harm to the Landlord. Accordingly, Tenant agrees and consents that specific performance of the terms of this Paragraph and/or other equitable relief may be obtained through the Courts of the State of Florida. However, equitable relief shall not preclude any action for damages arising from a violation of the provisions of this Paragraph. (q) In every instance where Landlord's consent or approval is required, the consent or approval shall not be unreasonably withheld, denied or delayed. NOTICES 30. Tenant hereby appoints at it's agent to receive service of all dispossessory or distraint proceedings and notice thereunder and all notices required under this Lease, the person in charge of Leased Premises at the time of occupying said premises; and if no person is in charge of or occupying said premises, then such service of notice may be made by attaching the same on the main entrance of said premise. A copy of all notices under this Lease shall also be sent to Tenant's last known address, if different from said premises. Any written notice required by this Lease must be served by certified or registered mail, postage prepaid, addressed to the intended recipient, -at the address.first herein above given or at such other address as said party may designate from time to time by written notice. RECORDING OF LEASE 31. Landlord, in order to protect the benefits of this Lease for the Tenant, may whenever Landlord deems necessary, record this Lease.and abstracts and memorandums thereof, whether required or permitted by law, in whatever states or jurisdiction in which the same is recordable, at Tenant's sole cost and expense including, but not limited to, the recording fees, taxes and all other costs and expenses of recordation. Simultaneously with the execution of this Lease, the parties agree to execute a memorandum of lease for recording purposes. VALIDITY OF LEASE 32. This Lease and the attached exhibits contain the entire agreement between the parties and shall not be modified in any manner except by an instrument in writing executed by the parties. If any term or provision of this Lease, or the application thereof, to any person or circumstance shall to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. LIABILITY OF LANDLORD 33. Tenant shall look solely to Landlord's interest in the premises and the Shopping Center/Office of which the premises are a part for the satisfaction of any judgment or decree requiring the payment of money by Landlord, based upon any default under this Lease, and no other property of assets of the Landlord shall be subject to levy, execution or other enforcement procedure or satisfaction of any such judgment or decree. ARBITRATION 34. Notwithstanding any of the .foregoing, all disputes that arise in connection with this Agreement shall be settled by arbitration in the State of Florida pursuant to the rules of the 18 American Arbitration Association for commercial arbitration using one arbitrator selected by " each of the parties hereto and one arbitrator selected by the two arbitrators so selected. The award rendered by the arbitrators shall be conclusive and binding upon the parties hereto and judgment may be rendered thereon by a court of competent jurisdiction. Each party shall pay its own expenses of arbitration and the expenses of the arbitrators shall be paid equally by the parties hereto; except that if any matter or dispute raised by a party or any defense or objection was unreasonable, the arbitrators may, in their discretion, assess as part of their award, all or any part of the arbitration expenses (including reasonable attorneys' fees) of the other party and of the arbitrators against the party raising any such unreasonable matter, dispute, defense or objection. CAPTIONS AND SECTION 35. The captions, sections, numbers article numbers, and index appearing in this Lease are inserted as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such sections or articles of this Lease nor in any way affect this Lease. ADDITIONAL PROVISIONS 36. The following provisions are to be construed as part of this Lease and to the extent that the provisions of this Section are inconsistent with the preceding sections of this Lease, these Sections shall prevail: sr 37. The basic rent for the period from ��^'l . 20:Z:Lthrough 202_0 shall be ($�3 `r )_ DOLLARS per month, payable in advance on the first day of each month. 38. Subject to the adjustments hereafter provided, Tenant shall pay in addition to the basic monthly rent provided in Paragraph 36 hereof ($ _ Dollars per month on the first day of each month as an estimate of Tenant's proportionate share of the utilities used by Tenant; the real property taxes as defined in Paragraph 3(b) hereof and it's proportionate share of the cost of insurance as defined in u l Paragraph 3(c) hereof, and it's proportionate share of Operating Expenses as defined in Paragraph 3(d) hereof 39. In addition to the basic rent and Tenant's share of expenses which are to be paid to Landlord hereunder, Tenant shall also pay to Landlord on a monthly basis the Florida Sales .rte Tax and any other taxes which may hereafter be imposed, all as more specifically provided in Paragraph 3(f) of this Lease. 40. Lease Renewer Option Based on the Consumer Price index CPI1. While this Lease is in full force and effect, provided that Lessee is not in default of any of the terms, covenants, and conditions thereof, Lessee shall have the right or option to extend the original term of this Lease fort/ additional term(s) of rc t 3 year(s). Such extension or renewal of the original term shall be on the same terms, covenants, or conditions as provided for in the original term except that the rental during the option period shall be increased on an annual basis for each renewal period determined by multiplying the base rental during the primary term by the percentage increase in the Consumer Price Index, as prepared by the United States Bureau of Labor Statistics, CPI as used herein shall mean the Consumer Price Index issued by the United States Bureau of Labor Statistics of the Monthly Labor Review. The base rental shall be determined on an annual basis. The percentage increase shall be determined by subtracting the CPI for the eighth month prior to the beginning of the Lease Term from the CPI for the eighth month prior to the end of the Lease Term and dividing that difference by the CPI for the eighth month prior to the beginning date of the Lease Term. If an increase shall be applicable for each month during such three 19 index that is most recent to the date in question. If the publication of the CPI should be discontinued or the base year changed, the parties hereto shall thereafter accept comparable statistics on consumer prices for the United States as they shall be computed by an agency of the United States or by a responsible financial periodical of recognized authority then to be selected by the parties hereto, or if the parties cannot agree upon a selection, by arbitration. In the event of use of comparable statistics in place of the CPI as above mentioned or publication of the Index figure at other than monthly intervals, there shall be made n the method of computation herein provided for such revisions as the circumstances may require to carryout the intention of this provision in any equitable manner, and any dispute between the parties as to the making of such adjustment shall be determined by arbitration. Should arbitration become necessary for the resolution of a dispute under this Subparagraph, it shall be conducted according to the appropriate rules of the American Arbitration Association . In the event Lessee elects to exercise the option herein described, Lessee shall so notify Lessor in writing no later than Three (3) months prior to the expiration of the terms of this Lease. In no event shall the rental in the renewal term be below the rental in the original terms of the Lease. I N W I T N E S S W H E R E O F, the parties have hereunto set their hands and seals the day and year first above written to this Lease Agreement to which has been annexed Exhibit "A" (Lease Floor Plan). WITNESS: LANDLORD: FOUR SONS PLAZA LLC Bir> .y- y RO RT NEBB TENANT: Bf . ti dc GUARANTY absolute) and unconditionally y guarantees the performance by Tenant of its-'Obligation under the above written Lease. 20 t � t s x Upon execution PAGE 2.4 Landlord of this Leas aoknowl�d9es a Agreement follows; ` �- Tenant he � 2 � shall pa has ' Y a x' $ 3sy total 2. — 00 tars of this amount filled the Dollar of of 3' $2 2�, to tie a st month's re These monies shall beua t Which to purity de rent, CAM Aaf� �PI1ed as The base ward the last PosiMonth's,� U neat and plo - rent da Sales TaX rent during the in►tial Three hree r 1 C3) Year 2 Period shall be as follo 3 Mo�Y ws: -S,-? A nua w i t: 21 BOYN wwwBEACH "CRA '0 CRA BOARD MEETING OF: March 10, 2020 CRA PROJECTS IN PROGRESS AGENDAITEM: 12.A. SUBJECT: CRA Marketing and Business Development Project Update SUMMARY: Coastal Angler - A quarter-page ad in the Coastal Angler Magazine highlighted the fishing charters available at the Boynton Harbor Marina. Coastal Angler Magazine is a resource for anglers, boaters and conservationists and is the second largest free outdoor publication in the nation with 40,000 circulation per month in Palm Beach, Broward, Dade, and Monroe counties (see Exhibit A). Cost: $300.00 Marina Life -The Marine Life Magazine is a very popular marine industry publication that connects boaters with marinas with over 60,000 subscribers. A 1/4 page ad in the Marina Life Magazine featured parasailing at the Boynton Harbor Marina. This campaign consists of four different quarter page ads in the Marina Life Magazine winter, spring, summer, and fall issues. The campaign also includes newsletter promotions, banner advertising placement on the Marina Life website, social media promotions, and email alert promotions (see Exhibit B). Cost: $600.00 Social Media -The Boynton Beach CRA utilizes social media platforms such as Facebook, I nstagram, and Twitter to build awareness and engage residents, visitors, and the business community of CRA projects and programs. The month of February 2020, staff created two posts featuring CRA projects and redevelopment initiatives on the CRA Facebook page. The posts reached a total 12,854 people and received 2,263 engagements, defined as likes, comments, shares, and clicks. CRA Staff created two Twitter posts with 346 impressions and ten total engagements. The one I nstagram post generated a total of six engagements and reach of 543. These activities also provide updates on the various projects to reaffirm to the public that the CRA Plan is being implemented and their redevelopment dollars are at work(see Exhibit C). FISCAL IMPACT: FY2019-2020 Budget, General Fund Marina Marketing, Line Item, 01-57400-216, $900.00 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D ExhibitA-B D Exhibit C Social Media Exhibit A— Coastal Angler is t i — t m s I t { O'' YNTON ,) RINA Exhibit B — Marina Life �e. Magazine " Ml, 3 „ 4„ Y Exhibit C - Facebook Post ------------------------------------------------------------------------------------------------------------------------ oy:nton Beach CRS Az,mi I us, Fm FF IL=„ 12,143 - SaV HEi!S 3 to the nz,{I,t renovated Historic Woman's Club c I R.Oy orl EC^ot IFE",'t.'C'.°,.l oC I tTi%C 3 I1'open for t)u54'lCss=oIpC 2020W C-99 i56.1 I C-00-9K,97;or ba riding roars ar"1 rentlaK til brill VOUr next spec�a even'! 4{k 122 26 95 34 61 - ? 1 t 1 17 4 13 lll�I—I as 34 55 � 41 41 0 l l v" 1, L Rf ` Sti4t%ii1 706 1 8455 g. I NEGATIVE FE:EGLAl;E� 4 .., 0. 0 1 s,rr' Get More Ukes,Comments and Shares When you boost this post.your slio i it Co more people 12,143 2 202 PF?+] 1 R t r ieci Fri g,,,q;rinkti it I-ike [„,I a c ,ITIr,€nt lrur Exhibit C- Facebook Post Boynton Beach CSA H&e4e Rim ert,,� F1 r-K;ry 2�61 4/XJ PA iZI, 711 Chec-K cij!,the progress o£ IncOscean Breeze as,,Project! 13 --cr Full Cefalls or,this affordaN,e housing prc�ecl in Me Heart c-I Bo%)nton please c�icFl here�hr�q-,,-s,�I�bi!,N,112V 19---jvh 12 9 3 0 0 0 ywai 1 1 0 48 11 27 10 NEGATIVE FEEDBACK %00 0 1g, Get More Likes,Comments and Shares When you boost tNs post,you'll sho),v it Co more people. 711 61 Y)F Ire ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 11:22 a 0 F 66, 0.�1 � 80% Poste boyntonbeachcra f,"I s f}tl��IN r t � �t sAg g ��f 8 t � <ta�t 0, �r [,k��atGs�u ll. r i. ked y bosstacosinc206 and others renovated Hi t ri Wrn n's U u b of Brun Post Insights 7 pq 67 5 2 4 6 543 Profile Visits Reach Exhibit C - Twitter Post ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Tweet activity X Impressions 150 Catch Boynton Beach Ws Check out this before,and after from the Carly Total engagements 5 Coporalion. kledia engagemems 2 M� g, A.a n i tolearn more about the CRP s G ra n t 'rograms?Click herektIp-, i likes I Link clicks I Detail expands I Reach a bigger audience ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Tweet activity X Impressions 196 Catch Boynton Beach Our, Boyntonl3eachCRA ExeCUtive,Director Michael Simon Totai engagements 5 has player'a key role in---r,edeveloping east�BoyntonBeach �cr many years.You can learn more abour him and all our staff" 2 at!,,„p 1,i E 6; S-,,a-, Likes rld),s el 1',-, r 122 Link clicks Detail expands Reach a bigger audience ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ BOYN wwwBEACH "CRA '0 CRA BOARD MEETING OF: March 10, 2020 CRA PROJECTS IN PROGRESS AGENDAITEM: 12.13. SUBJECT: CRA Economic & Business Development Grant Program Update SUMMARY: Below is a status report of the CRA's Economic Development Grant Program and Business Development activities for FY 2019-2020: FY 2019 -2020 Economic Development Commercial Grants Budget: $448,000 CRA Board Approved 2/11/20 Moved from Future Redevelopment $400,000 Projects: Total Budget: $848,000 Grant Dollars Awarded Year-to-Date: ($395,813) Remaining Fund Balance as of 3/10/20: $452,187 List of CRA Board approved Economic Development Grants awarded since October 1. 2019: Funds Business Name Business Business Grant Funds Dispersed Address Type Approved Year-to- date 510 E. Rent Guaca Go Corp. Ocean Restaurant Reimbursement$51,264.69 $0 Avenue, Unit Property 106 1 mprovement 1120S. Rent Beach House Salon, Inc. Federal Salon Reimbursement $40,000 $0 Highway P rope rty I mprovement 510 E. Rent The Butcher and The Bar, Ocean Restaurant Reimbursement $71,000 $0 LLC Avenue, Unit Property 101 1 mprovement 510 E. E & C's Beauty Ocean Rent Experience, LLC Avenue, Unit Hair Salon Reimbursement $15,000 $0 102 510 E. Rent Pio Pio 3, LLC Ocean Restaurant Reimbursement $71,000 $0 Avenue, Unit Property 105 1 mprovement Palm Beach Chefs, LLC 640 E.Ocean Gourmet Reimbursement nt d/b/a Organic Kitchen and Avenue, Unit Food Property 6 $40,328.40 $0 Mercantile Market 1 mprovement 612, 614, Civic Center Condo 618 N. Commercial Property Association, Inc. Federal Plaza I mprovement $7,096.50 $0 Highway J R Watersports, Inc. 725 N. Rent d/b/a South Florida Federal Retail Reimbursement $15,000 $3,750 Marine Highway Pending Approval March 10, 2020 The Coffee and Ale 615 E. Rent Exchange, LLC d/b/a Boynton Restaurant Reimbrusement $71,000 $0 Bond Street Ale and Beach Property Coffee Boulevard I mprovement Magic Scissors Pet 640 E. Grooming, Inc. d/b/a Ocean Pet Rent $14,124 $0 Jackie's Grooming Spa& Avenue, Unit Grooming Reimbursement Hotel 18-19 New Business Tax Receipts issued in February 2020 located within the CRA boundaries: Business Name I Business Address Business Type' Chez Andrea Gourmet Provence 480 E. Ocean Avenue Restaurant McGovern McDonald Engineers 533 E. Ocean Avenue, Unit 2 Engineer Office SCT Technologies, Inc. 214 NE 3rd Street Office FISCAL IMPACT: FY 2019 -2020 Budget, Project Fund, Line Item 02-58400-444, $448,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required by the CRA Board at this time. BOYN wwwBEACH "CRA '0 CRA BOARD MEETING OF: March 10, 2020 CRA PROJECTS IN PROGRESS AGENDAITEM: 12.C. SUBJECT: Ocean Breeze East Apartment Project Update SUMMARY: On Saturday, November 9, 2019, the Boynton Beach CRA and Centennial Management Corp. celebrated the ground breaking for the construction of the 123 unit, affordable multi-family rental Ocean Breeze East Apartment project (see Attachment 1). Since the ground breaking, the project site has been cleared and preliminary site work and underground utility (water, sewer, drainage, electrical) work has been completed. As of March 4, 2020 two of the four buildings have begun construction of the first floor and the two concrete pads for the remaining buildings have been poured (see Attachment II). The construction timeline estimates the Project will be completed in December 2020. Until completion, a monthly project construction update will be provided to the CRA Board. FISCAL IMPACT: FY 2017-2018 Project Fund Budget; #02-58200-406: $567,500 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required unless otherwise determined by the BBC RA Board. ATTACHMENTS: Description D Attachment I - Project Elevations and Site Plan D Attachment 11 - Progress Photos W 1 "iia{ yj1t "",, 5 � x t i` ,v `• w w CD LL F i F „ � 1 ( s i x r � i 4 EXHIBIT B D 3 OA191SMIOV3S N ® g Z p m - Elm M v 1 AV I. zxc�m wa�,a li 6-6. r m � I, I C/) �s w � s , � n n e w LIP - �fl \ S —0 �1417 �-�, �sw�sGir � N N v ag 4 D. 133HIS M 3N =e AI FR D P 0 �AEn m ID co 9 3 P A I O HPNcom D D � y W T'. (D z N) N ■ m m n n 71 mm O w m nEt 0 4 — �m D old DD DD D "°= _. o Hl o D 25D IM im 0 0 0 � ' Eli Eli t fi m(D , 3 m o��, 0 I 0 o� oo 0 W f 0 4 0 LJLJ 0 L-� �tl r —CID G m 0 — — n o a o Z _. 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SUBJECT: Consideration of Fiscal Year 2018-2019 Budget Amendment for Unreserved Fund Balance and Self-Funded Insurance Reserve SUMMARY: As a result of the annual audit FY 2018-2019 and cash analysis of the year-end General Fund, CRA staff determined that there is a General Fund Surplus in the amount of $1,085,936 and an additional $541,915 released from year end closeout of various Purchase Orders as a result of the the Project being completed or no longer viable (see Attachment 1). The CRA Board approved Resolution No. 14-01 on February 11, 2014 providing for the establishment and funding of a Self-Funded Insurance Reserve through the General Fund by using 20% of the unassigned fund balance surplus each year (see Attachment 11). Using this 20% formula, $200,000 will be allocated to the CRA's Self-Funded Insurance Reserve leaving a remaining balance of $885,936 for allocation by the CRA Board into the Fiscal Year 2019-2020 Project Fund. In addition, $541,915 has been identified in the FY 2018-2019 Project Fund and from completed projects and the funds have been released from the Purchase Orders. These funds are available for the Board's reallocation within the Project Fund bringing the total amount available for the Board's reallocation to $1,427,851. The CRA Board's reallocation of the funding from the General Fund into the Project Fund through a Budget Amendment is detailed in Resolution 20-01, Exhibit"A" (Attachment 111). A project funding request is being made by the City of Boynton Beach to share in the costs associated with a substantial streetscape, parking and landscape improvement project designed for the portion of E. Boynton Beach Boulevard, located within the area of Pete's Pond and marina. This project will increase the number of parking spaces, renovate or replace existing landscape beds and plant material, add lighting, and emergency call boxes (see Attachment IV). The total cost of the proposed project is $1,154,295, with the City contributing $654,295 and the CRA contributing $500,000 (see Attachment V). FISCAL IMPACT: FY 2019-2020 Budget, reallocated from General Fund to Project Fund, Line item to be suggested by the Board, $885,936 FY 2019-2020 Budget, reallocation of $541,915 within the Project Fund, Line items to be suggested by the Board CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the Budget Amendment Resolution No. 20-01 for the reallocation of unassigned fund balance in the amount of $885,936 from the General Fund to the Project Fund, line item to be determined within the Fiscal Year 2019-2020 Budget. 2. Approve the reallocation of $541,915 within the Project Fund. Line item (s) to be determined by the Board. ATTACHMENTS: Description D Attachment I - FY 2018-2019 Fund Balance Allocation Worksheet D Attachment II - Resolution R14-01: Self Funded Reserves D Attachment III - BudgetAmendment Resolution D Attachment IV - Map & Plans Proposed Marina Area Streetscape Improvement Project D Attachment V -Costs: Proposed Marina Area Streetscape Improvement Project Boynton Beach CRA Fiscal Year 2018-2019 Post Audit Unreserved Fund Balance Analysis General Fund & Project Fund Fund Balance Reserved / Unreserved General Fund Fund Balance as of Sept. 30, 2019 $ 2,906,346 AP $ (55,204) Reserved - Rent Deposits $ 12,533 Reserved - Prepaids $ 171,954 Reserved- Debt Service $ - A/R $ 6,536 Reserved- Encumbrances $ - Unreserved Fund Balance as of Sept. 30, 2019 $ 2,770,527 FY 2019-2020 Encumbrances as of February 3, 2020 $ (345,847) FY 2018-2019 Surplus or (Deficit) $ 411,256 FY 2018-2019 Working Capital Carry-over $ 1,750,000 Unreserved Fund Balance as of Sept. 30, 2019 $ 1,085,936 Less 20% for Insurance Reserve $ 200,000 Amount Available for reallocation in General Fund $ 885,906 Funds Released From Purchase Orders Project Fund Kimley -Horn Boynton Beach Blvd Design $ 218,497 City of Boynton Beach - FDOT $ 230,000 Shovel Ready Projects 211 E Ocean Ave $ 74,035 Miscellaneous Purchase Orders $ 19,384 Amount Available for reallocation in Project Fund $ 541,915 Totall Amount Available for reallocation !into FY 20192020 Project Fund 1,42" ; � RESOLUTION NO. 14-01 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO ESTABLISH A SELF-FUNDED INSURANCE RESERVE FROM GENERAL FUND UNASSIGNED FUND BALANCE; AUTHORIZE THE FINANCE DIRECTOR TO ESTABLISH AND FUND SUCH RESERVE; PROVIDING FOR SEVERAB,ILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Community Redevelopment Agency (hereafter "CRA") maintains property and liability insurance on all insurable properties within the CRA redevelopment district; and WHEREAS, it is the CRA policy to maintain insurance coverage at replacement value of the insured properties within the CRA redevelopment district; and WHEREAS, the insurance coverage standards, as established by the insurance industry, have changed such that coverage for certain CRA owned properties are no longer insured at full replacement value; and WHEREAS, the CRA deems it to be in their best interest to establish a Self- Funded Insurance Reserve to fund the difference in insurance coverage between the replacement value and the insured value; and WHEREAS, the CRA deems it to be in their best interest to fund the Self-Funded Insurance Reserve through a 20% allocation of General Fund Unassigned Fund Balance each year, if any, until the insurance difference is 1001/0 funded. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein. SECTION 2. The CRA Board of Commissioners authorizes its Finance Director to establish a Self-Funded Insurance Reserve from General Fund Unassigned Fund Balance as deten-nined by the annual audited financial statements of the CRA. SECTION 3. The CRA Board of Commissioners authorizes its Finance Director to allocate 20% annually of the General Fund Unassigned Fund Balance, if any, for the Self-Funded Insurance Reserve. SECTION 4. The CRA Board of Commissioners authorizes its Finance Director to make such allocation annually and fund the Reserve until such time as the Self-Funded Insurance Reserve is fully funded as deters-nined by the Finance Director and as confirmed by the annual consultation with the CRA contracted Insurance Broker of Record. SECTION S. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6. If any clauses, sections, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD, THIS 11" DAY OF FEBRUARY 2014. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY /4 By: /,,/Jerry ,ay fori/ hair Approved as to form: V, Ken Spillias CRA Attorney RESOLUTION NO. 20-01 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO AMEND THE 2019-2020 BUDGET TO REALLOCATE GENERAL FUND UNASSIGNED FUND BALANCE FROM THE FY 2018-2019 AUDIT AND THE CASH ANALYSIS COMPLETED AFTER THE SEPTEMBER 30, 2019 AUDIT AND INCREASE THE TOTAL APPROPRIATIONS TO THE PROJECT FUND; AND ALLOCATE FUNDS FOR SELF-FUNDED INSURANCE RESERVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Community Redevelopment Agency Board (hereafter "CRA") has adopted the fiscal 2019-2020 budget and does allow program changes as necessary; and WHEREAS, it is the objective to maintain accuracy of the budget document to reflect policy determinations of the Board as to the proper and legally defensible appropriation of funds authorized by the Community Redevelopment Plan; and WHEREAS, the CRA Board approved Resolution No. R19-03 on September 10, 2019 approving the Fiscal Year 2019-2020 budget; and WHEREAS, the CRA Board approved Resolution No. 20-01 on February 11, 2020 amending the Fiscal Year 2019-2020 budget; and WHEREAS, the audit and cash analysis after the year end September 30, 2019 contained a General Fund unassigned fund balance in the amount of approximately $1,000,000; and WHEREAS, the CRA Board approved Resolution No. 14-01 on February 11, 2014 providing for the establishment and funding of a Self-Funded Insurance Reserve through the General Fund unassigned fund balance each year, and $200,000 was allocated to Committed Fund Balance leaving a remainder of $885,936 for allocation; and WHEREAS, the CRA Board approved Consideration of funding for future development projects approving $885,936 from FY 2019-2020, General Fund unassigned and reallocating to Project Fund; and WHEREAS, the Director of Finance, based on the Board's policy determination and approval, has identified the line item appropriations that require budget adjustments hereinafter reflected. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein. SECTION 2. A copy of the FY 2019-2020 Budget Amendment No. 1 and line item adjustments attached hereto as Exhibit"A." SECTION 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4. If any clauses, sections, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD, THIS 11TH DAY OF FEBRUARY 2020. 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AoE a F' .� aro �= Em - - - - - mE 5Hil N o E o ao o Tam o� " a "� of E o� ® O o�Fa 2n - QE tEr of �c L o E~ E -� o a E m O o o oo- � �maa�o LLJ U W` t� w <I L O e� a E a - a Twos "o Ywz� J z zoa�� W fel$ 3m _ m LU> cr mLLm I W a ` Z 0 ® E& O W CO OO co Of E �f,a\ Y OW -E - rw �q- � r sty m oo - I � on omen 1 Date: 2/14/2020 Project Name: Mangrove Park Item No. DescriptionUnit Quantity Unit Cost Cost 1 Mobilization/Demobilization (10%) LS 1 $ 90,678 $ 90,678 2 Maintenance of Traffic ALLOW 1 $ 10,000 $ 10,000 3 Bonds/Insurance (2.5%) LS 1 $ 22,669 $ 22,669 4 Construction Permits (paid by Owner) ALLOW 1 $ 5,000 $ 5,000 5 NPDES Erosion Control -Silt Fence LF 3350 $ 4.25 $ 14,238 Item No. 6 Demolition of existing hardscape materials LS 1 $ 30,000 $ 30,000 7 Demolition of existing landscape materials LS 1 $ 60,000 $ 60,000 8 Precast Walls (Utility Compound) LF 125 $85 $ 10,625 9 Asphalt Pavement TON 131 $225 $ 29,475 10 Type D Curb LF 1,200 $15 $ 18,000 11 Valley Gutter LF 800 $30 $ 24,000 12 ISidewalk with Rock Salt Finish SF 18,100 $9 $ 162,900 SUBTOTALI $ 335,000 Item No. Description' Unit Quantity Unit Cost Cost 13 Irrigation LS 1 $ 25,000 $ 25,000 14 4" CAL Gumbo Limbo EA 9 $ 2,500 $ 22,500 15 Medjool Date Palm EA 6 $ 7,500 $ 45,000 16 Sylvester Date Palm EA 7 $ 6,250 $ 43,750 17 Cathedral Live oak EA 3 $ 1,690 $ 5,070 18 Bald Cypress EA 8 $ 750 $ 6,000 19 Equipment, crane, tcm, etc. EA 1 $ 5,000 $ 5,000 20 Tricolor copperleaf EA 54 $ 15 $ 810 21 Scorpion Bush EA 29 $ 25 $ 725 22 Gold Dust Croton EA 217 $ 15 $ 3,255 23 Thryallis EA 37 $ 15 $ 555 24 Hibisicus cooped EA 34 $ 20 $ 680 25 Rojo Congo EA 59 $ 30 $ 1,770 26 Pseuderanthemum Golden EA 6 $ 25 $ 150 27 Serissa EA 31 $ 25 $ 775 28 Native Porterweed EA 18 $ 20 $ 360 29 Fackahatchee grass EA 18 $ 20 $ 360 30 Sweet viburnum EA 42 $ 15 $ 630 31 JGreen Island Ficus EA 1219 $ 15 $ 18,285 32 Xanadu philodendron EA 59 $ 20 $ 1,180 33 Liriope EA 73 $ 7.00 $ 511 34 St. augustine grass EA 10059 $ 1.00 $ 10,059 35 relocating of existing date palms EA 6 $ 1,500 $ 9,000 SUBTOTAL $ 201,425 Item No. DescriptionUnit Quantity Unit Cost Cost 35 8' Rockport Powder-coated horizontal slat w/back EA 12 $ 2,100 $ 25,200 36 8' Rockport Powder-coated horizontal slat w/o back EA 3 $ 1,700 $ 5,100 37 Urbanscape FG Style 32 Gallon Receptacle EA 15 $ 1,200 $ 18,000 38 Urbanscape FG Style 32 Gallon Receptacle (Recycle) EA 3 $ 1,200 $ 3,600 39 Water Fountain/Bottle Filling Station EA 1 $ 8,100 $ 8,100 40 Bike Rack EA 6 $ 225 $ 1,350 41 Oasis Bike Shelter EA 1 $ 15,500 $ 15,500 42 New fountain with color lights EA 1 $ 20,000 $ 20,000 SUBTOTAL $ 96,850 Item No. Description Unit Quantity Unit Cost Cost 43 Light Poles/Luminaire EA 20 $ 3,500 $ 70,000 44 Bollard Lights LF 9 $ 2,500 $ 22,500 44 Police Camera License Plate Reader EA 2 $ 10,000 $ 20,000 45 Police Camera Security EA 7 $ 10,000 $ 70,000 46 Emergency Phone Tower EA 4 $ 6,000 $ 24,000 47 Conduits/wire/pull boxes LS 1 $ 15,000 $ 15,000 48 Car Charger LS 1 $ 15,000 $ 15,000 49 Server/Server Room/Mini Split LS 1 $ 37,000 $ 37,000 SUBTOTAL $ 273,500 Subtotal: $ 1,049,359 10% Contingency: $ 104,936 GRAND TOTAL: $ 1,154,295 Proposed CRA Funding $ 500,000 City Funding $ 654,295 BOYN wwwBEACH "CRA '0 CRA BOARD MEETING OF: March 10, 2020 OLD BUSINESS AGENDAITEM: 14.13. SUBJECT: Consideration and Discussion of Terms for a RFP/RFQ and Letters of Interest for the Operation and Management of the Historic Woman's Club of Boynton Beach SUMMARY: At the request of the CRA Board Chair, this item is being brought before the Board to discuss the future management of the CRA owned Historic Woman's Club of Boynton Beach (HWCBB) located at 1010 S. Federal Highway. Currently, CRA staff is responsible for the operations, management, maintenance, renovations, marketing and rentals for the facility. City staff has reviewed the opportunity to add the Historic Woman's Club of Boynton Beach to the City's inventory of sites for arts and recreation program. The facility has great potential for cultural and art programming along with space for historical museum opportunities. Because the HWCBB has restriction due to the limited parking, City staff is analyzing the potential of combing the HWCBB with the current Senior Center as a campus which would then meet the FDOT requirements to add a traffic controlled cross-walk between the structures and sharing the parking available through efficient scheduling of events. The building would also offer an opportunity to expand some of the senior programming currently offered by the City. The City has requested to present the proposal at the April CRA Board meeting for review and direction by the Board. If the CRA Board desires to explore other options for the operation and management of the facility, staff would like to discuss any important criteria to be included in a future Request for Proposal (RFP). The items below are just some of the issues that the Board will need to consider in order to prepare the RFP document: • Duties and responsibilities • Experience and Qualifications • Fees and costs • Income from events • Expenses of the building • Duration of an agreement CRA staff will provide guidance to the Board during their discussion. FISCAL IMPACT: FY 2019-2020 Budget allocation includes: Marketing & Business Development Line Item Account 01-57400-216 - $10,000; Buildings & Grounds Line Item 01-51620-213 - $185,000. CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan: Historic Properties and Federal Highway District, 2010 Downtown Vision and Master Plan CRA BOARD OPTIONS: To be determined by Board discussion and action. BOYN wwwBEACH "CRA '0 CRA BOARD MEETING OF: March 10, 2020 OLD BUSINESS AGENDAITEM: 14.C. SUBJECT: Discussion of the CRA Owned Property located at 115 N. Federal Highway SUMMARY: In May 2018, the CRA purchased the property located at 115 N. Federal Highway for purposes of redevelopment to its highest and best use as described in the 2016 CRA Redevelopment Plan (see Attachment I & I1). At the January 6, 2020 meeting, the CRA Board directed staff to research the cost of renovating the building for a new co-working space (professional office use) in order to make a more informed decision at the March 10, 2020 CRA meeting on the building's demolition. On February 3, 2020, CRA staff met and had discussions with the City of Boynton Beach Building Official and Fire Marshall to inspect the building and identify items and issues that would need to be addressed if converted to a new professional office use. The activation of the new use would require the Building and Fire Departments to consider all of the items in conflict with the 6th Edition of the Florida Building Code and the 2015 National Fire Protection Association (NFPA) Codes and Standards. Additionally, since the building was built in 1953, many of the basic building components have not been updated to meet the current ADA/Florida Accessibility, life safety, structural, mechanical, electrical, and plumbing codes. CRA staff obtained a basic cost at a minimum of $300-$350 per square foot from several sources who have had experience with the initial estimates for the various components of the Town Square project. The total of the renovation would be over $4 million dollars. To put it in perspective, as a comparison, the average cost for building a standard one-story CBS building is approximately$250 per square foot. Without architectural plans delineating the different office use components, the initial renovation costs can only be based on a dollar per square foot estimate. If the Board would like for staff to get a more accurate construction renovation estimate for bidding, the cost for architectural design services would be approximately $25,000 and would include mechanical, electrical, plumbing design fees. BACKGROUND On November 1, 2019, CRA staff submitted a new application to the Solid Waste Authority (SWA) for the 2020 Blighted and Distressed Property Clean-up and Beautification Grant Program (BDPCBGP) for the cost of demolition of the properties located at 115 N. Federal Highway and soon to be acquired at 1001 N. Railroad Avenue. The CRA was awarded the full funding request of $95,450 and $84,500 would be allocated for the demolition of the 115 N. Federal Highway property. The grant requires the CRA to complete the demolition activities within 12 months and opportunity for extensions subject to final determination by the SWA. At the January 6, 2020 CRA Board meeting, the Board approved the execution of the Interlocal Agreement with SWA for the grant funding. FISCAL IMPACT: To be determined. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined by CRA Board consideration and discussion. ATTACHMENTS: Description D Attachment I - Location Map D Attachment II -2016 CRA Redevelopment Plan - Downtown District O oIR00 jit it« �� r A .J t,i 1 � O hi it� atft ti�Vn x' st��o ri i � J ttU 4Q( .+sv't I'{ ii '\ii`�r}.-� �r�,S,€;i�Ejh t?.t??jS}1rt��sSsjt,4.;��i)jSs,jl tt'1?1pi,�iSTj}��Slj1i1,7t•,i� sjltj��tty�'t��ylit�`'it ti\ii�rit�,it1S��i `Att `�' �.�,y, t��{��3S��i��tt = '+I? - i IiJ((m�l?t 4f h } t 1£ a? S ,a4��S. ;�'lts!Rll�Jztlh.#—t�s�rr �E �t Sit ia4t�i'ftS', t ! tit i>>4i%, t i r Ulf m i I) lk ca LO �'� 11� N t �ir Utt ltik � s�;i�� `»u-� i104j�� N{�44 {tU t Sl�';'•,@ole�}�';'?1 �i �tt{'tilt{�(iVt {{, r�t,�tt`,v�'m r�,rn,� �r v"5t�y 1 j1 ttt�j r t k a i u <' r e a t i r Ae - = F NTON EACH community Redevelopment Plan .............. Mus"BEAC 1411, Ei��t t c, P 4� ` , w1 3 �,=5 `- _. ,_-. ��7 _S3t ,�j> ,_:. }r !,F #,(- £t�.r,ri�t .._ - � r,,a} ,,i a•. ..�7 � �-,.. } ,,�,�`-.. s. � �,s,,, r 1�2� i rt, ti d rzrI�t \C .� � �i � .,£, I,,,..�ti ,•, i ,+,:(, ,=ai:, i� £�� , s Sr,s �»tl,i --- €��_,--1 e�is� �� ,`,�.S S`•<,�, �,�__,, t, ,z rfl,r t�{l �-..-`�" i t i, ;,��{uh r�i�. ,� ,��>:•.$i\t?st t� ,:f ,,,, d' i r,),��; �s t��1��1,, s,rt�{r� � S))� ' �,�1 s�t'�s,,, { ))� � 51 t� '��(hl �{�;,'tkl•s t ,Vu, i �s sts�� ,,•;Atl'ri n 4� �� {3 1}��,� �� ,�sr t qs,9 t�S�t„�� - - I i t , - I� A a h y i � FSA 1p at r , Ron x WE h w, { i yr }} 1 t 80 D o. to D i t",,r,,� r r tn t o d u��' IIIon Planning C ` all . ng Planning Considerations T h Vision r The Downtown District has been included in several planning efforts including the Federal i Highway Corridor Plan, the Downtown Vision , t r � and Master Plan, and the original CRA plan adopted in 1984. It has long been the desire k of the City to reinvigorate the historic center y of Boynton Beach. Some progress has been made toward this goal with the development of - the Casa Costa, Marina Village condominiums, and the soon to be completed 500 Ocean mixed-use development. R o b� The CRA has invested in the redevelopment of the Boynton Harbor Marina to create a tourism ' s destination, preserve a working waterfront and support the boating community. The Agency planned and constructed the Boynton Beach Promenade that extends from Federal Highway to the Intracoastal Waterway; the Promenade �.�: " . ��, � also connects to the City's Mangrove Walk Park and the Marina , The Downtown District is bound to the north by N.E. 7th Avenue, to the south by S.E. 12th Avenue, to the east by Federal Highway and the r, Intracoastal Waterway, and to the west by the FEC Railway. The District connects via Federal ' � Highway and S.E. 4th Street to the secondary development node at Woolbright and Federal Highway. Ym kr Figure 40: Downtown District Location Map Downtown Boynton Beach is easily accessed via I-95 and Boynton Beach Boulevard: the distance from I-95 to Federal Highway is less than one mile. The City's beach at Oceanfront Park is only 1.7 miles from I-95 or, for residents of one of the new downtown developments, a quick walk over the Ocean Avenue Bridge. The Tri-Rail Coastal Link commuter rail station is planned for the downtown at N.E. 4th Street between Ocean Avenue and Boynton Beach Boulevard. This led the City to adopt the Downtown Transit Oriented Development District, allowing for a 25% density bonus within '/2 mile of the future station. 82 Ili?"u'ri aha, Ch—all le"ill A second consideration is that the Downtown District is entirely enclosed within the Transportation Unlike Delray Beach or West Palm Beach, Boynton Concurrency Exception Area (TCEA) which, in Beach historically has only had a very small downtown addition to the residential exception area applicable area. It extended from just east of Federal Highway east of 1-95, exempts all development from the Palm to west of Federal Highway at Ocean Avenue. There Beach County traffic concurrency thus allowing have been very few commercial buildings that could denser development. be repurposed into restaurants and stores as Delray Beach has done. Consequently, the first CRA Plan The existence of both of these transportation- adopted in 1984 concentrated on the downtown oriented designations is a factor in considering where area (smaller than proposed in this plan) as a increased height and density will occur within the redevelopment priority. CRA district. The Downtown District's location in the Some of the planning challenges are: center of both the DTODD and the TCEA supports the highest density and height within this district. • Lack of developable parcels — assemblage is required • Property owners have unrealistic expectations of the value of their property • Not pedestrian friendly • No shade trees, I • No public parking areas and little on-street parking • Lack of wa findin signage wayfinding 9 na9 • No design theme to create an identity m • Limited space on Ocean Avenue to locate retail and restaurant uses f'gl2 t� qq�q qt� .e0 ne die r�:e riat i 0 ill � � 1 Several factors were considered in determining thet land use designations for the Downtown District. First, g the downtown will be the future site of the station for the planned Tri-Rail Coastal Link commuter service on the FEC Rail line, which will serve the South Florida - metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a '/2 mile radius around the station's location. The DTOD district regulations support increased intensity of development through a 25% density bonus. ll 111111 ill n1j; Figure 41: Example of District Planning Challenges 8 84 VIIs on Downtown Boynton Beach will be where people live, work and play in an environment that provides bikeable and walkable access to the beach, restaurants, transit, parks and cultural experiences. There will be areas to gather and socialize. Entrepreneurs will open new restaurants and businesses creating financial benefits to the local economy. Attractive new buildings will provide housing for people of all ages and incomes, and accommodate new shops and restaurants. Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Create a Complete Street design for Federal Highway including the addition of: • On-street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8'wide clear sidewalk • Minimum 8'wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development • Canopy trees that provide immediate shading at time of construction • Bus shelters with unique design for the downtown district • Underground overhead utilities • Public art in key locations • Additional pedestrian crossings where needed • A greenway along SE 4th Street and Ocean Avenue connecting Pence Park and the Marina, per the Connectivity Plan • An eco-trail connecting the pedestrian zone to Mangrove Park, per the Connectivity Plan. 85 To attract new [8Sid8OtS and buSiO8SS8S' the area must p[8S8[t 2 unified vision for the future. Th8[8fO[8' it is recommended that the changes to the Future Land Use map be made using the new future land use/ zoning structure 2Sshown: Table 5: Recommended Futuro Land Use (FLU)Classifications within the Downtown District LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX CAP* HEIGHT High Density 15 R-4 I PUD, PUD 15 45' Residential Mixed-Use 50 MU-2 40 65' Medium MU-3 50 75' Mixed-Use High 80 MU-4"" 60 100, MU Core 80 150' General nia C-4 Commercial n/a 45' Industrial n1a M-1 Recreation nJa Recreation Wa 45' Properties located within the TOD may recieve a 25%density bonus MU- High . 80 dulao; (Zoning MU-Core) Commercial uses required to front Federa�Hwy 50',Base Maximum MU- Med . TOD Bonuses (height density) CommerciJal uses required to front Federal H"ry Suitding frontage required on SE 4101 Street Max 4 stories on SE 411, street Figure 42: Cultural District Example Projects NN 86 � 3tt,k4 , I40 � 7 ';v i sA&r � Sl r i t c ttPl \�1 I i`�s"}ti ska�I - �� I- M ly�; v.. .W k—Ux"O'l I x N�W 190 t,f l r JI. 011 j Figure 43: Recommended Land Use for the Downtown District 87 In O[dS[ to pnDnOOtS an @CdvS and vv@|k@b|S built SOvnDOnOS[d in the OOvvOtOvvO District, the fDUOvvO0 recommendations apply: ^ Active commercial uses shall berequired onthe street frontage ofOcean Ave.Automobile oriented uses, such aogas stations, car washes, and drive-thruo. are prohibited. ^ The build-to line shall accommodate a ten foot oidevva|k, mature shade trees /at inots||\. street lights and street furniture ^ Buildings fronting Federal Highway, Boynton Beach Boulevard and G.E. 4th Street shall have 0O-9O96window tOwall ratio OOthe first floor. ^ Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zOOS ^ Buildings fronting Boynton Beach Boulevard or Federal Highway shall have minimum height of 30' ^ Buildings fronting Boynton Beach Boulevard and/or Federal Highway shall be a maximum of 45' in height, any additional height permitted by the zoning districts must be stepped back proportionately to the Ov8[2|| height, 2 nOiOinOunO of 10' deep. ^ Parking shall be located tothe rear orside ofthe proparty. ^ Only when access is not possible from the rear orside shall curb outs be permitted on Boynton beach Blvd O[ Federal Highway. ^ All buildings along Federal Highway must have pedestrian access from the right-of-way/sidewalks. ^ The main pedestrian entry, or front door, must be fronting Federal Highway. ^ Where mixed use development is proposed adjacent residential areas, the residential areas shall be protected through the residential compatibility standards and the use of landscape buffers and/ or walls as appropriate. Staff will review architectural sb/|as and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. Figure 44: 8E4th St. Example Mixed Use Medium Project NN 88 � 1 4•ti x tl r t � t 4M�t,l G�{� 1�4is4 tl s It sFir�t\S�.{��1 syp.. i„ il}r sroa_k_ ,�F a 611�rr�rlti,� it�th ilS,StAy 3 . N" Para Irel Pirking �- � r `��.P u Gicycle PaM Open l3p3ce Parallc[Parking On slte Parking PedesLriapi Zone -pedemll.'arl Zone Parallel Pat ung li it:le Pach 4 Figure 45: SE 4th St. Design Diagram 89 � i s Affil ')��;��£ t S ££� fi �e n f#'£; is ££7dSk£y . � \ ' �i5r�,cfi a �,1k'' £ Ar £ '£ �J „ ££�O ��i t W "Iwo POL � '11 Y s i+ S f F f t s Figure 46: Example of Mixed Use High Project in the Downtown District 90 � r � e t 4 P � y iii,It IN i rJ „ k `g ply; t f . i iy- iJIJ a)a nt 'h L r t � ;Z F ,y r mu I 3 6 i i Ir t — iu f pm OEM Iv' t € i; tF'.ny n f p)i 1 4 Figure 47: Downtown District Master Plan 91 {h V i I ' r � , -- ikl Ila` M i 8 c i,� � t 4 ) � S Z i 4l7 tt Al 1 fi )i.II ;t;i tt 92 BOYN wwwBEACH "CRA '0 CRA BOARD MEETING OF: March 10, 2020 OLD BUSINESS AGENDAITEM: 14.D. SUBJECT: Consideration and Discussion of the Property Inspection for the Purchase and Sale Agreement associated with 209 N. Seacrest Boulevard SUMMARY: On February 3, 2020, CRA staff met and had discussions with the City of Boynton Beach Building Official and Fire Marshall regarding the possible conversion of the existing two-story, 6,961 square foot building located at 209 N. Seacrest Blvd. into new co-working space (see Attachment 1). If converted to a new use, the Building and Fire Departments would consider it a change in use from mixed-use to professional office use under the 6th Edition of the Florida Building Code and the 2015 National Fire Protection Association (NFPA) Codes and Standards. The most critical items that will need to be addressed are the life safety issues which requires means of egress from the first floor to the second floor and from the second floor. Additionally, since the building was built in 1961 and was recently used as a professional office with what appears to be a residential unit on the second floor, a number of the basic building components within the building have not and been updated to meet the current ADA/Florida Accessibility, mechanical, electrical, and plumbing codes. Without architectural plans delineating the different office use components, the initial renovation costs can only be based on a dollar per square foot estimate. CRA staff obtained a basic cost at a minimum of $300 per square foot from several sources who have had experience with the initial estimates for the various components of the Town Square project and have spoken to representatives of E2L Real Estate Solutions, LLC, the current occupants of the second floor, who can verify the poor condition of the plumbing system based on recent plumbing repairs. The total of the renovation of the 2nd floor residential space (approximately 1,250 s.f.) building is $375,000 and over$2 million dollars for the entire building. BACKGROUND In late September 2019, the owners of the properties located at 209 and 217 N. Seacrest Boulevard contacted the CRA's Executive Director and City Manager regarding their desire to sell their interest in the parcels. The two combined properties total approximately 1.29 acres and it is currently zoned C-2 (Neighborhood Commercial). The CRA Plan provides a recommendation for the property to be Mixed Use Medium, with 40 du/ac and a height maximum of 65 feet, with potential TOD bonuses under the Workforce Housing Ordinance (see Attaachment 11). The combined parcels could also accommodate approximately 30,000 -40,000 square feet of residential, office, and retail uses. On January 6, 2020, the CRA Board entered in Purchase and Sale Agreements for these two properties for the total amount of the appraised value of $3 Million. Acquisition of the properties will be done after the termination dates of the existing leases by providing specified amounts of deposit funding to the owner in increments over the course of the contract period to spread the CRA's financial expense out over multiple years. The contract terms are listed below for the Board's consideration: 209 N. Seacrest Boulevard • $1.4 million with a $100,000 deposit • For consideration of the length of time between execution and closing without any price adjustments, Seller requests that $50,000 go hard and released to the Seller 60 days after execution. The full $100,000 deposit will be credited to the CRA at closing. • Closing would not take place until such time as all of the existing lease agreements have ended and the building can be closed as "vacant" which we discussed would be best to say an October 31, 2020 closing. • Seller shall maintain all aspects and responsibilities, including rent, under his the terms of the current leases until expiration and closing. • Seller agrees not to refinance or take out any funding or loans against the property for the duration of time prior to closing. • the 209 N. Seacrest Boulevard property is contingent on the results of the 60-day due diligence period. • The Board approved a cap of $50,000 for any repairs that is needed. However, if the cost of the repairs is more than $50,000, staff will bring this back to the Board for direction. FISCAL IMPACT: To be determined. CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined by CRA Board consideration and discussion. ATTACHMENTS: Description D Attachment I - Location Map D Attachment 11 -2016 Redevelopment Plan - Boynton Beach Boulevard District �a(l<,�i,'i=rk}It3d4})�Yf't,,-'��--:f},r��s��St t,S,�1 1S�rf,�r,�3�`,�;1:,a_,s).,1`-��-e;.'>a,�E,lt>,�r t�tt��v t,1f,ai�j,{.,_,-..��b�„��Y.rt..�--t t�.t..,--,,,,f,,�,-_.,-;i�,!_•�n\„�,��t,"mr_„,om�x�:E.Sa``n��-_t.i_?.%'.-.i�.i-�-.t.;�It,,�,.��,.�'=sz-.'�t�•�',!.�S,'I.ti5q��s�i�sY�,=ay.6?=1i��l�h�i\�`li`1�Mv „ Rmo�i _ t. - f It i t i 1�e5� }E t = x Ys��' - II Ei�i��1'7�`! � it '��} s � � � � � ,, t I� - w � _ vJ s�: � •�:,��' ' r 11k Eai,�i tvt j,� ” Y \}i �,' ,L C? S7J41, E r s'' {fl(P{ ��x t's• � 1 thiiEa �'� I ' , is "•' - t{aq l�{#--"S)4 s.2F+j,f�ftf�,��A,l{til �� `� ��1�Sys..I �„\ttY r,Y}. S`S,?a, 1 44s,S 't„ _ 5 SiSs S' o� ,,. ;-_;T`"..'~is�Sttt,aE r`a� St��,�s:..; i _ .._�. .,;= a ,:: ,.1 .:�� , � .. ,,,-syr r: s 4mi r.�. N. ,1 n.,rl ),,h , t}, ',t psYE „� m �8 S i1_ Y a3�,, ,.,. n, Grs,. •�s. v `.�' +tt p r r - i -j fY7 L(`1 Ll5 U,) 5 w ry LA ro 1 r to C, x�r W LU w v 1 fG v rl � �' t>tJ roti 0) wala OL w rt µ ra rid t P ✓ W c3 to iTj rel LA SC C.�I m r �.a fi 4A7 171 „ :, w r Beac n Boynton Boulevard i i' ntroduction Planning C ` all ,. ng a. Planning Considerations The e VIIIsIIIon Currently there is no adopted plan for the Boynton Beach Boulevard corridor. There were public workshops held in 2005 to discuss the vision for the corridor, and many of the recommendations from those workshops are incorporated into this plan. There has been little redevelopment progress along the corridor at the scale envisioned by this Plan due to lack of developable parcels, no clear development vision and little to no public investment. The CRA invested in a public parking lot in 2015 to serve the future downtown growth. The Agency is currently in the planning phase for improvements to Boynton Beach Boulevard. The Boynton Beach Boulevard District consists of the Boynton Beach Boulevard corridor between 1-95 and the FEC Railway. The District extends north to N.E. 3rd Avenue and south to W. Ocean Avenue (west of Seacreast Boulevard) and N.E. 1 st Avenue (East of Seacrest Boulevard). This area is the main entry into the downtown from the 1-95 exit and will therefore establish the first impression that visitors and many residents have of the City. The district also provides easy access to the City's public beach, the Boynton Harbor Marina, City Hall, the Children's Schoolhouse Museum and the Library. The areas directly north and south of the District are predominately large single-family neighborhoods. There is no buffer between the commercial uses fronting the corridor and residential uses which has held back property values in these neighborhoods. St i$ 1 Ate Yf(. i w �, 1 • W { e � fs R r � t t , �..' `1 � � n " '_i�' k 1, rel• 1. —� a,i�'ik I `' � •,_. 'k. .c Y _ ai � Y 1 . I; . ...�roL., :,_, Y-:, e^e c�.� r,; ., a`ul €„ Figure 10: Boynton Beach District Location Map �9 it aaallzaaiiaa m11,iallll � 9 assembly and redevelopment for viable commercial uses. Asa As the City's population grew, Boynton Beach ' consequence, business activity Boulevard was widened to five lanes thereby `` n- n along the corridor has primarily accommodating higher traffic speeds and higher consisted of minimal conversion of traffic volume, while lowering the aesthetic single-family houses to commercial quality of the corridor. Additionally, commercial ,S uses rather than redevelopment at zoning only extends one-half block deep from the scale envisioned for this Plan. `r Boynton Beach Boulevard which represents Nearly all of the parking for the ray insufficient land necessary to support the land businesses along the Boulevard is in front of the buildings meaning that in many cases, . 4- cars have to back out into traffic. There are numerous curb cuts for each commercial use along the corridor j leaving little room for landscape improvements and the pedestrian zone. Due to the widening of the Boynton Beach Boulevard over the years,vehicular use has been emphasized over {s pedestrian or bike use. Under the current configuration of the roadway, there is insufficient right-of-way for landscaping, wider sidewalks, bike lanes, bus shelters � t� and street furniture. Recently large utility poles were installed on the south side of the Boulevard adding to the visual blight of the corridor. There are only three signalized intersections that have formal pedestrian 9 crossing zones. Pedestrians must walk several blocks in order to cross the Boulevard. There are no destinations along the corridor to attract the interest of visitors or residents other than City Hall and the Post Office. The majority of the businesses belong to the small service industry with few employees The buildings are outdated, being constructed from the 1930's to the 1970's. The majority of the buildings are for single-tenant or single-use with no cross-access Figure 11: Examples of Districts Planning Challenges for pedestrian or vehicular circulation purposes or for sharing of parking resources. Additionally, there are no large parcels ready for redevelopment thereby requiring land assemblage and willing sellers. City Hall is located along Boynton Beach Boulevard but is envisioned to be relocated into the Cultural District as part of the Town Square project. City Hall and the other civic uses occupy 3.71 acres and offer an opportunity for a public-private partnership to facilitate a catalyst for redevelopment within the District. ' 57 Eia'ain6it i Con's_k1 anaflon!" NW 1st Avenue Historic District: Several factors were considered in determining the The potential NW 1st Avenue historic district land use designations for the Boynton Beach Boulevard contains thirteen properties, seven of which District. Just east along the District is the location of the would be considered "contributing properties". future site of the Tri-Rail Coastal Link commuter service The designation process was applied but failed to on the FEC Rail line, which will serve the South Florida produce a positive result (although the outcome of metropolitan region. To improve land development the vote was very close). It is recommended that the patterns in advance of station development, the City designation of a historic district be again explored adopted a Downtown Transit Oriented Development in the future if there isn't any assemblage of the District (DTOD), covering a '/2 mile radius around the properties on the north side of NW 1 st Avenue for planned station. The DTOD district regulations support commercial development. In the meantime, the increased intensity of development through a 25% owners of the "contributing" sites will be contacted density bonus. The Boynton Beach Boulevard District to determine their interest in applying for individual and DTOD district overlap; only the area from I-95 to designation of their properties. (approximately) N.W. 2nd Street is not included within the DTOD District. F ( p A second consideration is that the Boynton Beach Boulevard District is entirely enclosed within the r � Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of I-95, exempts all development from the Palm Beach County traffic concurrency thus allowing denser development. The Plan recommends that the higher density and height occur within this District where both the TCEA and the TOD overlap. Figure 12: Historic Property on First Avenue 59 VIIs on The Boynton Beach Boulevard District is envisioned to serve as a welcoming and beautiful entry into the Downtown District. Pedestrians will be encouraged to walk along the broad sidewalks in the shade of mature trees to visit the various stores and restaurants along the corridor. Bicyclists will safely travel along the corridor and will be able to park their bikes at one of the local shops where they'll meet a friend for a cup of coffee. Visitors will be able to find their way to the marina, the Children's Schoolhouse Museum and the Public Library using the various way finding signs along the corridor. Investors will see the value of developing in downtown Boynton Beach based on the public improvements and will begin to assemble land for development of mixed-use projects. Streetscape enhancements are recommended for the Boynton Beach Boulevard District. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Implement a Complete Streets program Minimum 8' wide active use area abutting the for Boynton Beach Boulevard including the building addition of: Decorative light poles at both the vehicular and • On-street parking pedestrian scales • Bike lanes Enhanced street furniture, bus shelters, bike • Enhanced median with mature tree canopy racks and receptacles (at time of planting) and landscape lighting Active uses along the first floor of development • Marking of major intersections with Create a greenway along the north side of NW 1 st materials such as pavers, paint, etc. Avenue per the Connectivity Plan • Narrowing of travel lanes to create space Create way finding signage to mark the entry into for landscaping and wider sidewalks and the City and brand the district to make the street safer for bicyclists and pedestrians. Install public art in key locations • Create a Pedestrian Zone adjacent to the right- Provide additional pedestrian crossings where of-ways that is inviting, safe and includes: needed • Addition of canopy street trees Underground overhead utilities • Minimum 8' wide clear sidewalk 3, f t y,Sx N i ( r t 4 1 Figure 13: Boynton Beach Blvd. District Streetscape Recommendations Area 60 Entrance enhancements Intersection enhancements Intersection enhancements • Signage/ Gateway • Directional signage • Entry to Downtown • Pavement / material • Directional signage • Landscaping • Pavement / material • Public art location • Landscaping • Safe pedestrian crossing • Public art location • Safe pedestrian crossing # # t —rr Figure 14: Intersection enhancements on Boynton Beach Blvd. jOR \alt d � { { rets 1i{{U ski til kjt?? �{A�ttll$` t) s ,r y1 s- h s a r z 1_ { 1 Figure 15: Example of streetscape enhancements on Boynton Beach Blvd. r�I Boynton Beach Boulevard Design: West of Seacrest Boulevard v y y t�,• Y t � 0 ', yip t r r Oa. 1..�... - ____________ __ .... ..................... ....,. ,_._..�.. 9.d' I 9 9.01 S'lJ C v ?L TL fvlJ TL TL SIN 0,01 .o' fl. ' 1c.o 0.4' lo.a Tt3` a.o' '.y 1{7. Figure 16: Boynton Beach Blvd. Plan from 1-95 to Seacrest Blvd. i s`_....._CANOPY TREE-_ CANOPY TREE.,m.<„•� =s E 4a _ L—a5� ... 5.7 59' 5G ID Oi s ._ (l.. 9 CY 9. ` >G. u^ TL TL Nail TL iL A 11' ,[3ii Sit+ 10.9 2.,,4.0' 10.0' 1O.i------ A ........ C.6 wjo.�' �•. f - S 4 80, Figure 17: Boynton Beach Blvd. Section from 1-95 to Seacrest Blvd. Boynton Beach Boulevard Design: East of Seacrest Boulevard AM n rc r ry; 13©' t�Ot.... .:.. P7o G 5 1CY-... ! 10• r Oq•. ._10.9 ¢ Po 104• Figure 18: Boynton Beach Blvd. Plan from Seacrest Blvd. to Federal Hwy. u . Ler«mv yrs. CANOPY TPEE k ItV y 1 2 .e_ .. 6Y[ .15.9��.......... 5� -. !—. yew...... .__...... _ _ FW ;lv PRfIh MG' TL PAWING are. t2.d,�1 0 �7,C 5 0 t0' j lo, lo.€ t0.. O' 5.0 0,. 2.a"!110 , y i too Figure 19: Boynton Beach Blvd. Section from Seacrest Blvd.to Federal Hwy. 63 The predominant existing future land use designation along the Boynton Beach Boulevard corridor is Local Retail Commercial. Other future land use designations are Public and Private and Governmental/ Institutional (where City Hall iolocated) and Office Commercial. The Local Retail Commercial designation only extends one-half block tothe north and south of Boynton Beach Boulevard. The lack ofdepth has prevented successful projects from being developed along the corridor. In order to encourage avibrant corridor with the desired private development and public spaoas, it is recommended that the following future land use changes bemade: ^ From 1-95 east to N.W. 1st Street. change Local Retail Commercial and Low Density Residential to Mixed-Use Low. The Mixed-Use Low land use designation should extend the depth of the block north and south ofBoynton Beach Boulevard. ^ From N.W. 1 s Street east to N.E. 3rd Street. change Local Retail Commeroia|, Public and Private Govern ments|/|nodtudona|. Medium Density Reoidenda|, General Commercial to Mixed-Use Medium Future Land Use. The Mixed-Use Medium land use designation should extend the depth ofthe block north and south ofBoynton Beach Boulevard. ^ From N. E. 3rd Street east to the FEC Railroad, change General Commercial, Industrial, Local Retail Commercial to Mixed-Use High future land use designation. The Mixed-Use High future land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. Below is a table showing the proposed land use and zoning designations that will apply along the Boynton Beach Boulevard corridor: Table 3: Recommended Future Land Use(FLU)Classifications within the Boynton Beach Blvd District LAND USE DENSITY CORRESPONDING ZONING DENSITY YAX CAP HEIGHT Low Density Mixed-Use Low 20 MU-1 20 45' Mixed-Use 50 MU-2 40 65' Medium MU-4 60 100, Mixed-Use High 80 MU Core 80 150' * Properties located within the]�ODmay reu|evea2omdensity bonus NN 64 � MU Low F40 MU- High • 20 du/ac c • 80 du/ac • Max height 45' ight: 75' • Max height 150' onuses • TOD Density Bonus � w,"a 4I„ ,r $, � @�,� � t r� , i +v--t•+°} int� i.41 hi" sN;��ft 1 y'ii 1 71 ,1� %1 ,` krc ll �}'g 1 S 1 tk, �tilJt � �1�i ix1111 �. iiB � 1?.2 01 ;a�9m r � 1 J . 1,,..,u�. s fit£ 111'1 i}aw nr�s ;xit `"y �j'w"" �, fit., ,,; ` 4nix t,: rn ,iit }i e i s �6 4 E Ft C �I 4„. tel s{ ,. 1 t Figure 20: Recommended Future Land Use for the Boynton Beach Blvd. District MU Low € Town squarewwww MU- Med MU- High • 20 dulac (incentivized units) € • 40-50 du/ac • 40-50 dulac • 60—80 du/ac • Max height 45' s • Max height: • Max height: 65'-75' Max height 150' • Redevelopment/ infill s 65'-75' • TOD Bonuses • TOD Density • Commercial uses required € • TOD Bonuses (height /density) Bonus • Parking at rear € (height /density) • Commercial uses • Commercial uses • Public greenway to buffer SFR s • Commercial uses required required -- • Two story max at street s required • Max 4 stories on • Max 4 stories on • Buildings set back to allow for € street street pedestrian zone r n i e Figure 21:Boynton Beach Blvd. Example Projects :., _. r�i Create @Ooverlay district for BoyntonBeach Boulevard b} control height Edstreet frontage, building setback, design, uses, and ovana| character. ^ The building shall basetback toaccommodate the pedestrian zone. ^ Active commercial uses shall berequired onthe street frontage ofBoynton Beach Boulevard.Automobile oriented uoeo, such as, gas stations and car washes, are prohibited. Drive-thruoare only permitted when not visible from right-of-ways and COnOp|8h3|y behind 2 structure. ^ Buildings fronting Boynton Beach Boulevard shall have maximized glazing on first floors. ^ Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zone. ^ Buildings fronting Boynton Beach Boulevard shall have a minimum height of 30' ^ Buildings fronting Boynton Beach Boulevard shall be a maximum of 45' in height, any additional height permitted by the zoning districts must be stepped back proportionately to the overall height, a minimum Of1O' d88p. ^ Parking shall belocated tothe rear orside ofthe property. MU-LLand Uses are permitted tohave one (SiO0|S loaded) [Ow Of parking in front of the structure. ^ Only when access is not possible from the rear orside shall curb outs be permitted on Boynton Beach Blvd. ^ All buildings along Boynton Beach Blvd shall have pedestrian access from the right-of-way/sidewalks. ^ The main pedestrian entry, or front door, must be fronting Boynton Beach Blvd. ^ Mixed use projects adiaoentb» oing|a-fanni|yaneaooha|| ino|udegneenvvayoforpnoperbuffehng Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. Figure 22: Example Greenway Recommended on First Avenue 67 NN � I'll SSS 7141i}44 t � nJ �t 1.417 4 . t'.1i4{1�ti 4 .. . s k ct f I v a r a Y •." rr\j4 _� ^i ��'"� .-t �?s� 1111 is 1 t!.�t 1 1 F4 S 1\§ - . a ' tt ��2Pk.R.,du7i --�, � 1,_'1---_ (;r. Y�t-"4 1�,;��.._,a � `•,!-.�� {.�1Y� � , 1 � �._ {; A --_t ' 114:, >;� �s`# t� t��cY{{�', v"�4�_ �Is� {��.,_ y{��, y { -.--4�� t+� ;r<�t_�➢,�i��{ k' L � 4 t t t4 r ��r� 4y Figure 23: Example of Mixed Use Low Project on Boynton Beach Blvd. Figure 25: Boynton Beach Blvd. District Master Plan JN fly { i n � 2 i , t ff'V 9:, r [J g�;+`{6 r �4 r� , �,'� w I tzt,��1t1�t�t tl��' � s 1 b� � � lY��; , " °'I.I(�?Di � rte• � � - - rs t�fy � fi �Sr rin Figure 24: Example of Mixed Use Medium Project on Boynton Beach Blvd. ;�r. 4 ..... rt s rr,{t?St s l�! Oki =iV t ,s.= t n, �r - .� ��lllru m€� � xsh.• +,:. f�'t �� ' ��_ •rt -'r�r^,a�4t=s �� ss; z, , 1,� T'�.. � �1 il`' ) r •_ l�s(1 E 69 r�-- �� -�k- i�`';rt - - _ - - - _ ��, �- ��r��,�}int��14s} }q2� t r �t� i�j-ff�li <1lPtrt`tU+}}�r£i•'21S�j� �� - -, � - }� F �}r ��!�� 4 �I �� a{t��; '� �i r • � ", � ��i�9flf ,ter \i�t,�£�� LEI }g}Y , X4,2} s;t r irii}2rt `)2iy tt 1; {} `, 1 r r,i�� 7 s t} � ,to r It" RIF m Ina IT �� sp,t I i ,Si't�� - - �{��1�1`- ri�lli}}sf..-' i �ijl i,fltFti�r£�lt��{i�?f,j its',il?lt,•r,If��}S ri}}� �s)�)£�r 1 l i i4 �,,,'• I� �"��,��£�� I� �� {�l)i 3 £}�{6111��1��r'2��it tt��}i�ti��\ It7£z r, I Y t , F _ v p t � i t � ii s ,� r€ a f 70 BOYN wwwBEACH "CRA '0 CRA BOARD MEETING OF: March 10, 2020 OLD BUSINESS AGENDAITEM: 14.E. SUBJECT: Consideration of Approval of Boynton Village, LLC a/k/a The Preserve's Performance Audit for Year Ending December 31, 2019 for Compliance with the Direct Incentive Funding Agreement SUMMARY: The CRA entered into a Direct Incentive Funding Agreement with Boynton Village, LLC in December 2006 to provide incentive funding for the construction of affordable, fee-simple for sale townhouse units as part of the Agency's home ownership program. Subsequent amendments were approved by both parties; the First Amendment dated January 2008; and the Second Amendment dated October 2010 (see Attachment 1, 11 & 111). As required under the terms of the Agreement, on February 10, 2020, the developer submitted a request for payment with their Compliance Audit for the 2019 tax year (Attachment IV). After review, CRA staff has determined that the developer is in compliance with the terms of the agreement. As of September 30, 2019, the previous payments made under the DI FA Agreement total $197,132 (see Attachment V). • First payment$45,759 (FY 14-15)— CRA Board Approved March 8, 2016 • Second payment— Boynton Village submitted for payment after the due date — CRA Board denied payment June 12, 2018 • Third payment- $73,611 — CRA Board Approved June 12, 2018 • Fourth payment-$77,762 — CRA Board Approved March 13, 2019 If approved by the Board, the CRA will be issuing the Year 5 payment for FY 2019-2020, in the amount of $81,861 (see Attachment V1). The amount of the DI FA that remains with the CRA is $74,064. FISCAL IMPACT: FY 2019 -2020 Budget, Project Fund 02-58400-443, $81,861 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve of the Direct Incentive Funding payment to Boynton Village, LLC., for property tax year 2019 in the amount of$81,861. ATTACHMENTS: Description D Attachment I - Executed DIFAAgreement D Attachment II - 1 st Amendment D Attachment III -2nd Amendment D Attachement IV -Tax Year 2019 Compliance Audit D Attachment V -Year to Date DIFA Payments D Attachment VI -Year 5 Incentive Calculation 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 BOYNTON'*ILLAGE, LLC t �,. By: / AEON I WOLFS, Print name: E� Print n ie: Title: bate; ! 0 Print name: o: , N2, _ BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print name: Print name: ° r t Title: Cl airperson Tate: Print name: 41 T:IDEVELOPMENT\The Preserve-GernerstaneTreserve DIFATI1'A Revised Amendment(2).doc 3 STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to adinii iste oaths and take acknowlecignients, rsonally Cal-ed i 'V as �11e W-6 of )w i I I ro)" �V ear 14 and acknowledged under oath that he/she has exec#d"the forego'l , Agreement as the proper official of (,Yo" the use and purposes mentioned herein and that the instruhient is the act Ad deed of . He/she is personally known to me or has produced as identification. IN WITNESS OF E FOREGOING, I have 9 my hand and official seal at in the State and Coun Val,(,esaia on this dpyof 2008, X/1 Levani Roman Notary Pu�fic, State of Florida at Large Mnission#) D312446 Co V Expires:Apr.23,2008 My Commission Expires: Bonded Thm A—1lie B ond I ng 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 t'j e f\r V .� as �"/I-a lfilln 4)_ of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged Linder oath that lie/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 peKsonall krsowis 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 of (-7�Ij,,q 2008, - My Commission Expires: bLrvi I J—fj-,72!rj`j:W 14 MYCOlAM18810NIDD 6621lg EXRRE&April 21,2011 --".F Ov-1011111 TIN Ndgat Notary Sent-aa TADEVELOPMENTMie Preserve-CornerstoneTreserve DIFATIFA 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 MWISSES BOYNT N VILLAGE, LLC t Print name: Print name: T_. Tale: ' r Late: m G Print name .&, BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY B Print name: ^ Print n e: r 1 l) �itle: Chairperson r a bate: ,. Print name: T:IDEVEL0PMENT1The Preserve-CornerstoncTreserve DIFA1DiFA Second Amendment-2010(3).doc 6 STATE OF FLORIDA its€,r� 0 SS: COUNTY O ; BEFORE ME, an officer duly authorized by to dm°nister oaths and take aeknowled merits, personally a eared �t % / of Z—Z-C and acknowledged under oath that 1- site 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 personally kn w to erre or has produc as identification. IN WITNESS F THE FOREG I ha v m hand and official seal at in the State and County a ori aid on this ay of 2008. LEYANI ROMAN My ColvUSSION#DO 7832 396 otary a ic, State of Florida at Large �, 1 EXPIRES:Agri!28 2012 rq ?1— Boncsci Nu&dig t NMary se vice My Commission Expires: STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take a nowiedgments, personally appeared as l ` of BOYNTON BEACH CO MUNITY 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 me or has produced as identification. hand and official seat at in the State and County said TNESafoOr on OREG N aGy,, If au tr,m I 1 f otary Public, State of Florida at Large My Commission Expires: T ACK b9E - tr of Fl a yxMy C r�J�n# 14 Expires.-__W ort DD 951135 y�e"+ t+�6a``� Und Donftill IFdlllI 4n#1� BPy $$�. TADEVELOPMENT\The Preserve-CornerstonelPreserve DIFAIDIFA 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, 2019 Boynton Village, LLC TABLE OF CONTENTS Page INDEPENDENT AUDITORS' REPORT 1-2 NOTES TO INDEPENDENT AUDITORS' REPORT 3-5 SUPPLEMENTAL SCHEDULES 7-10 KABAT , . . DE . 0 M P A INDEPENDENT AUDITORS' REPORT To Mr. Leon Wolfe, President Boynton Village, LLC 2100 Hollywood Boulevard Hollywood, FL 33020 Compliance We have audited the compliance of Boynton Village, LLC as of September 30, 2019, pursuant 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 to 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 Redevelopment Agency; and for the accuracy and completeness of the management and financial information in conformity with the requirements provided under the Agreement, whether due to fraud or error. Auditors' 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 Certified Public Accountants; and under the provisions set forth under 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 that could have a material effect on the Program. An audit includes examining, on a test basis, evidence about Boynton Village, LLC's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of Boynton Village, LLC's compliance with those requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. KARAT SCHERTZER DE LA 1'oRitE TARABOULOS C O M I' A N Y Opinion In our opinion, Boynton Village, LLC complied, in all material respects with the compliance requirements under the Agreement as of September 30, 2019. 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 examination, 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. Report on Supplementary Information Our compliance audit was conducted for the purpose stated 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 compliance audit 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 theterms,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. 6aT January 31, 2020 Kabat, Schertzer, De La Torre, Taraboulos & Co. Weston, Florida Certified Public Accountants Note 1. Background Boynton Beach Community Redevelopment Agency ("CRA") Under Florida law(Chapter 163,Part III), local governments are able to designate selected portions of a City as Community Redevelopment Areas where slum and blight exist. The CRA improves deteriorated areas through revitalization efforts which improves the property values within the designated CRA area and increases property tax revenues. The Boynton Beach Community Redevelopment Agency (`'CRA") is responsible for developing and implementing the Community Redevelopment Plans that addresses the unique needs of the targeted area. The funding source for CRA redevelopment initiatives is tax increment financing("TIF"), a unique tool available to cities and counties for redevelopment activities. It is used to leverage public funds to stimulate redevelopment activity in the targeted area without raising taxes. 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 revenues 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. 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 increase 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 Financing Agreement 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. 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 qual ming 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. " Findings No findings of noncompliance were noted. Note 3. Qualified Affordable Access Units The Company sold and rented a total of 105 qualified Affordable Access Units as of September 30, 2019, respectively, which for purposes of TIF revenue due to Boynton Village LLC, represents approximately 70.5%of the 100 rental and 49 owner units required under the amended DIFA for the year presented. See Schedule A and discussion below for 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, 2019, 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. 4 Note 3. Qualified Affordable Access Units Affordable Access Units Sold (continued) In response to the 2017 Compliance Audit report dated February 9, 2018, representatives of the Boynton Beach CRA issued a response memo dated May 29, 2018 which asserts that of the 23 original sales to qualified purchasers, only 5 are able to be verified by the Boynton Beach CRA. Schedule A and the determination of the above 70% reflect the 5 sold units which can be verified by the Boynton Beach CRA. Affordable Access Units Rented There are 114 total eligible renters of Affordable Access Rental Units rented by qualified renters under the Agreement at September 30, 2018, respectively. In response to the 2017 Compliance Audit report dated February 9, 2018, representatives of the Boynton Beach CRA issued a response memo dated May 29, 2018 which asserts that while Boynton Village LLC rents Affordable Access Units to 114 qualified renters, exceeding the 100 agreed upon requirement for Affordable Access Rental Units 100 Affordable Access Rental Units shall not entitle Boynton Village LLC to additional funding under DIFA Second Amendment Section 5.2.7. Schedule A and the determination of the above 70.5% reflect 100 rented units. Note 4. Project Increment Revenues In order to determine the amount of TIF funding owed to the Company for each 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 Company is owed 75% of the amount received by the redevelopment fund per DIFA. Please see Schedule A for detailed calculations. For 2019, the Company is owed $78,871. Payment is due upon acceptance and 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 ten years, which it anticipates participating in during those years. 5 SUPPLEMENTARY SCHEDULES 6 Boynton Village, LLC Compliance Audit Schedule A September 30, 2019 Calculation of Project Increment Revenues Sept. 30, 2019 Taxable Value Qualified Affordable Access Units Sold or Rented at September 30, 2019: Affordable Access Units - Sold to Qualified Purchasers 5 *) $ 2,163,436 Affordable Access Units - Rented to Qualified Renters 100 *) 6,840,000 Other Units: n/a *) 4,403,149 105 $ 13,406,585 Unqualified Units: 44 Total Units Sold: 149 Less: Value of the Project- Base Year 2004 (See DIFA) $ 1,025,000 Net Increase in Value A) $ 12,381,585 Percentage of Qualified Units Sold or Rented to Total Units Sold(rounded- see above) B) X 70.5% Millage Rates: City of Boynton Beach Millage Rate per 1,000 7.9000 Palm Beach County Millage Rate per 1,000 X4.7815 Combined Millage Rate per 1,000 C) X 12.6815 TIF Revenue Created by Project (rounded- D =AxBxC) D) $ 110,697 Calculation of TIF Revenues due to Boynton Village Percentage of TIF Revenue due to redevelopment fund (per Florida Statute 163.187 (1)(a) E) X 95% Amount due to redevelopment fund (rounded - F = DxE) F) $ 105,162 Percentage of TIF Revenue due to developer, Boynton Village, LLC (per DIFA years 1 through 5) G) X 75% Amount due to Boynton Village, LLC (rounded- H = FxG) H) $ 78,871 *)= See attached Schedule B for detail. Please also see Note 3. See accompanying independent auditors'report -7- Boynton Village,LLC Compliance Audit Schedule B September 30, 2019 Boynton Village, LLC Affordable Access Units- Sold to Qualified Purchasers: 2019 Address Building Unit Taxable Value 1990 NE 5TH ST 2 202 $ 141,000 1966 NE 5TH ST 2 206 133,000 1948 NE 5TH ST 2 209 83,000 1942 NE 5TH ST 2 210 63,284 1848 NE 6TH ST 9 904 25,000 1842 NE 6TH ST 9 905 115,152 1824 NE 6TH ST 9 908 117,000 1818 NE 6TH ST 9 909 121,000 1743 NE 6TH ST 12 1205 121,000 1747 NE 6TH ST 12 1206 117,000 1751 NE 6TH ST 12 1207 121,000 1755 NE 6TH ST 12 1208 117,000 1759 NE 6TH ST 12 1209 121,000 1763 NE 6TH ST 12 1210 117,000 1726 NE 6TH ST 13 1304 128,000 1722 NE 6TH ST 13 1305 25,000 1714 NE 6TH ST 13 1307 25,000 1826 NE 5TH ST 1405 14 1405 114,000 1802 NE 5TH ST 1408 14 1408 - 1819 NE 5TH ST 15 1503 - 1835 NE 5TH ST 15 1505 121,000 1843 NE 5TH ST 15 1506 117,000 1851 NE 5TH ST 15 1507 121,000 23 $ 2,163,436 Boynton Village, LLC Affordable Access Units- Rented to Qualified Renters: #of Units 2019 Address Building in Bldg. Taxable Value 1901 NE 5TH ST 1 14 $ 840,000 2001 NE 5TH ST 3 12 720,000 501 NE 19TH AVE 4 14 840,000 502 NE 19TH AVE 5 14 840,000 2008 NE 6TH ST 6 10 600,000 1900 NE 6TH ST 7 12 720,000 1901 NE 6TH ST 8 14 840,000 1803 NE 6TH ST 10 14 840,000 1748 NE 6TH ST i l 10 600,000 114 $ 6,840,000 See accompanying independent auditors'report -8- Boynton Village, LLC Compliance Audit Schedule B (continued) September 30,2019 Other Units: 2019 Address Taxable Value 1866 NE 6TH ST $ 56,500 1860 NE 6TH ST 56,500 1854 NE 6TH ST 56,500 1836 NE 6TH ST 56,500 1830 NE 6TH ST 56,500 1812 NE 6TH ST 56,500 1806 NE 6TH ST 56,500 1800 NE 6TH ST 56,500 1867 NE 5TH ST 120,467 1875 NE 5TH ST 101,000 1859 NE 5TH ST 111,608 1827 NE 5TH ST 117,000 1803 NE 5TH ST 120,467 1811 NE 5TH ST 101,000 1767 NE 6TH ST 125,000 1771 NE 6TH ST 99,208 1739 NE 6TH ST 117,000 1735 NE 6TH ST 121,000 1727 NE 6TH ST 125,000 1731 NE 6TH ST 101,000 1866 NE 4TH ST - 18 10 NE 5TH ST 1407 113,000 1818 NE 5TH ST 1406 117,000 1834 NE 5TH ST 1404 129,000 1842 NE 5TH ST 1403 71,096 1850 NE 5TH ST 1402 137,000 1858 NE 5TH ST 1401 101,000 1702 NE 6TH ST 136,000 1706 NE 6TH ST 112,000 1710 NE 6TH ST 128,000 1718 NE 6TH ST 128,000 1730 NE 6TH ST 132,000 1734 NE 6TH ST 136,000 1738 NE 6TH ST 83,795 1918 NE 5TH ST 87,000 1924 NE 5TH ST 117,000 1930 NE 5TH ST 121,000 1936 NE 5TH ST 84,508 Continued next page See accompanying independent auditors'report -9- Boynton Village,LLC Compliance Audit Schedule B(continued) September 30,2019 Other Units(continued): 2019 Address Taxable Value 1954 NE 5TH ST $ 133,000 1960 NE 5TH ST 25,000 1972 NE 5TH ST 137,000 1978 NE 5TH ST 121,000 1984 NE 5TH ST 137,000 1996 NE 5TH ST 105,000 $ 4,403,149 See accompanying independent auditors'report -10- Preserve/Cornerstone - DIFA Payments Date Payee Amount Approximate Pymts 03/14/16 Boynton Village LLC $ 45,759 Missed Year #2 $ - 06/14/18 Boynton Village LLC $ 73,611 03/14/19 Boynton Village LLC $ 77,762 Due 2020 Boynton Village LLC $ 81 ,861 Going to the Board in March Due 2021 Boynton Village LLC $ 40,000 Due 2022 Boynton Village LLC $ 42,000 Due 2023 Boynton Village LLC $ 44,100 Due 2024 Boynton Village LLC $ 46,305 Due 2025 Boynton Village LLC $ 48,620 TOTAL PAID $ 197,132 $ 221,025 105 units x L CY) X � O 00 O T" o N 70 N Qo O (DQ o 4- to L Q O N o o o o Q N a Q U U v LLI LO LO N C) coo coo c co 00 rn N O `� UCC to C) C) LO LO CD e X 00O � U-) ti N p I� qt C6 � w L O O t C Ln V) ~ r T O 00 ti F- O M N O r LL W N H U Z > EA EA EA EA EA EA _2)GF} fA X N a ca N o o N O 0 O rn N O U Ocu o N N co LL O 70 m - L LO CY) ca O N a) co o n o co Q p Q LL x LL Lcu N L L =3 ,+,+ A /1 = > N 70 70 cB U (j 1" : � L X X x d r- Q a Fu a) O O V Um m a c y � >+ � > m U U E O N to _0 ~ > N V m m U a _0w p U p a o o Xa = N a _ U r U Z o °O O Ep >+ '►C Uj Co HON cn U) 7F CD J♦♦ `a) > p = > C:( L r �L/ U O L a) a) C R N c L) V O Vpcy) O 't (6 (6 LO U co Co Co O a) O a) o a) �� N p •3 CL a) Lu () o O L �- - c0 0 4) 70 ca N = = p m o n .o a) o a) rn +) m o 0 L a" -' sNp o � o � c0 � a) � � L � � � o p •� > cr d o d co > ii O o Oco Q N •� o IL 0 > O > �. a) U = ( U Q m N Q - co 4- c a ami U- o Q > ~ � Q o o O > = � > 7 ti > 0) -O > cu O W a a � O N c N O tCf U 70 ++ Q 0 > Q > Q z �= t) U C) U Q z 5 Z o H BOYN wwwBEACH "CRA '0 CRA BOARD MEETING OF: March 10, 2020 OLD BUSINESS AGENDAITEM: 14.F. SUBJECT: Consideration of the First Amendment to Fund the Increasing the Quality of Life Program of Habitat for Humanity International (d/b/a Habitat for Humanity of South Palm Beach County SUMMARY: On February 24, 2020, the CRA received a letter from Habitat for Humanity of South Palm Beach County (HFHSPBC) requesting an additional six months or until September 30, 2020 to complete the construction of three (3) new units and to submit the last quarterly report by October 15, 2020. The organization cites delays caused by the shortage of construction labor, unavailability of water service to the NE 12th Avenue property, and security issues that have resulted in the loss of the two original prospective families for the villa (see Attachment 1). Under the terms of the agreement, HFHSPBC is required to implement the grant activities by completing the construction of the new units by March 31, 2020 and to provide a quarterly report, which includes a Certificate of Occupancy and other supportive documents for reimbursement, by April 15, 2020. Staff supports the request and has worked with legal counsel on the attached draft First Amendment to the previously approved grant agreement for Board consideration (see Attachment 11). BACKGROUND On March 13, 2019, the CRA Board approved a grant agreement in the amount of$75,000 to support the efforts of Habitat for Humanity International's (d/b/a Habitat for Humanity of South Palm Beach County's) (HFHSPBC) Increasing the Quality of Life Program. The HFHSPBC's project is aligned with the goals of the Nonprofit Organization Grant Program (NOGP) by contributing to the City's affordable housing stock and providing a direct benefit to the stakeholders within the CRA area with the following activities over a period of 12 months: 1. Build three new single-family units (one 2-unit villa at 123 and 127 NE 12th Avenue and one detached single-family home located at 110 NW 6th Avenue); 2. Complete three neighborhood revitalization projects (including home renovations and critical repairs)within the CRA area; 3. Conduct home ownership and home building/home maintenance education workshops, and leveraging volunteers and public/private/nonprofit donations (see Attachment 111). FISCAL IMPACT: FY2018-2019 Budget, Project Fund, line item 02-58500-470, $75,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the First Amendment to the Agreement to fund the Increasing the Quality of Life Program of Habitat for Humanity International (d/b/a Habitat for Humanity of South Palm Beach County. 2. Do not approve the First Amendment to the Agreement to fund the Increasing the Quality of Life Program of Habitat for Humanity International (d/b/a Habitat for Humanity of South Palm Beach County. ATTACHMENTS: Description D Attachment I - February 24, 2020 HFHSPC Extension Request D Attachment II - Draft FirstAmendment to the HFHSPBC FY 2018-2019 (Winter) NOGP Grant Agreement D Attachment III - HFHSPBC FY 2018-2019 (Winter) NOGP Executed Grant Agreement n� Habitat for Humanity' February 24,2020 Ms.Thuy Shutt Assistant Director,Boynton Beach CRA 710 North Federal Highway Boynton Beach,FL 33435 Dear Thuy: Habitat for Humanity of South Palm Beach County would like to respectfully request an extension to complete all grant activities per the Agreement to Fund the Increasing the Quality of Life Program. As outlined in Section 4.A—Scope of Work—HFHSPBC will construct three(3)new affordable housing units (located at 123&127 NE 12th Ave and 110 NW 6th Avenue in Boynton Beach). Per Section 4.C.2—obtain a Certificate of Occupancy and submit no later than April 15,2020. For the property being constructed at 110 NW 6th once the permit was issued,construction began on October 24, 2019. However,per the sale contract with the CRA it states that a C.O.needed to be issued by 2/24/2021. Work is well underway on this property and Jeff Fengler, Director of Construction estimates the CO will be issued by September 30,2020. This timeframe is ahead of the sale contract for the property but extends beyond the period of time for the Grant Agreement. For the duplex(Villas)at 123 &127 NE 12th Avenue,we anticipate that the CO will be issued by July 31,2020. There are multiple reasons for the delayed build schedule for that property. HFHSPBC is currently experiencing a shortage of construction labor,there was unavailability of water service at the property and there were a number of thefts that occurred at the job site. Additionally,the original families that were approved for homeownership through our program backed out due to the high crime rate in that area and concerns over security. We are working closely with the Boynton Beach Police Department to bring more police presence and visibility to the area. We reopened our application process with a specific focus on finding 2 families for the Villas. We are happy to report that we have approved 2 future homeowners and are on track for a C.O.for the 2 properties by July 31, 2020. Section 4.1)—reporting and reimbursement requests—require that we submit our report for the time period of January 1—March 31,2020 by April 15th. However,per Section 4.c.2 we cannot be reimbursed without the C.O. Therefore,we would like to request an extension for the final report and request for reimbursement to coincide with the issuance of the Certificate of Occupancy. Based on the above outlined activities for the three(3)properties covered under this grant agreement,final reporting and request for reimbursement for expenses incurred from January 1—March 31,2020 along with invoices and Certificate of Occupancy shall be submitted to the Boynton Beach CRA no later than October 15, 2020. Thank you for your continued partnership. r 1 Pamela Bonina Director—Grants&Administration ViSit OUr RestoresAt: 1900 North.Federal Highway, Delrav° Midi, Florida 33483 561-455-4-441 f2r FIRST AMENDMENT TO AGREEMENT TO FUND THE INCREASING THE QUALITY OF LIFE PROGRAM OF HABITAT FOR HUMANITY INTERNATIONAL (d/b/a HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY) This First Amendment to Agreement to Fund the Increasing the Quality of Life Program of Habitat for Humanity International (d/b/a Habitat for Humanity of South Palm Beach County) ("First Amendment") is made and entered into this day of March 2020, by and between HABITAT FOR HUMANITY INTERNATIONAL d/b/a HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY ("HFHSPBC"), a Florida Not-For-Profit Corporation, whose business address is 181 SE 5th Avenue, Delray Beach, Florida 33483, and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the "CRA") (collectively the "Parties"), a public agency created pursuant to Chapter 163,Part III of the Florida Statutes,whose business address is 710 N. Federal Highway, Boynton Beach, Florida 33435 (hereinafter collectively the "Parties"). RECITALS WHEREAS, on March 14, 2019, the CRA and HFHSPBC entered into that certain Agreement to Fund the Increasing the Quality of Life Program of Habitat for Humanity International (d/b/a Habitat for Humanity of South Palm Beach County) ("Agreement"), relating to funding for the construction and maintenance of affordable housing units; and WHEREAS, the Parties desire to amend certain terms and conditions of the Agreement, as more particularly described below; NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: 1. The above listed recitals are hereby incorporated as if fully set forth herein. 2. Unless otherwise expressly defined, all terms used herein shall have the same meanings given to such terms in the Agreement. 3. Section 4.C.2. of the Agreement is hereby amended to allow HFHSPBC up until September 30, 2020 to complete the implementation of the Outputs and Outcomes as identified in Exhibit"A," and up and until October 15, 2020, to provide the CRA with a Certificates of Occupancy for each new unit. 4. Section 4.D. of the Agreement is hereby amended to provide that HFHSPBC's fourth quarterly report and fourth request for reimbursement is due to the CRA no later than October 15, 2020. 5. Except as expressly set forth in this First Amendment, the Agreement is unmodified and remains in full force and effect, and is hereby ratified and confirmed by the Parties. 01255143-3 This First Amendment may be executed in a number of counterparts, one and all of which shall constitute the agreement of the Parties, and each of which shall be deemed an original. To the extent of any conflict between the Agreement and this First Amendment, this First Amendment shall control. WITNESSES HABITAT FOR HUMANITY INTERNATONAL d/b/a HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY By: Print Name: Print Name: Title: Date: Print Name: WITNESSES BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Print Name: Title: Date: Print Name: 01255143-3 Page 2 of 2 AGREEMENT TO FUND THE INCREASING THE QUALITY OF LIFE PROGRAM OF HABITAT FOR HUMANITY INTERNATIONAL d/b/a HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY) This Agreement for the funding of the construction and maintenance of affordable housing units ("Agreement") is entered into by and between the: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA"), a public agency created pursuant to Chapter 163, Part III, Florida Statutes, with a business address of 710 North Federal Highway, Boynton Beach, Florida 33435; and the HABITAT FOR HUMANITY INTERNATIONAL (d/b/a HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY) ("HFHSPBC"), a Florida Not-For-Profit Corporation, with a business address of 181 SE 5th Avenue Delray Beach, FL 33483. RECITALS WHEREAS, the CRA recognizes that increasing and maintaining affordable housing opportunities within the Boynton Beach Community Redevelopment Area ("CRA Area") is essential to effectuating the 2016 Boynton Beach Community Redevelopment Plan ("CRA Plan"); and WHEREAS, the CRA Board finds that the services and programs provided by the HFHSPBC further the goals and objectives of the CRA as contained in the CRA Plan, and are in the best interest of the CRA; and WHEREAS, the CRA will provide funding to the HFHSPBC, pursuant to the terms and conditions of this Agreement, in order to assist the HFHSPBC with activities that address the goals and objectives contained in the CRA Plan, and the needs and priorities defined by the CRA in the CRA's Nonprofit Organization Grant Program (NOGP); and WHEREAS, HFHSPBC applied for and was awarded a grant under the NOGP in accordance with the procedures specified in the NOGP; and WHEREAS, the CRA finds that this Agreement serves a municipal and public purpose, is in furtherance of the CRA Plan, and conforms with the requirements of Florida law; and WHEREAS, The Increasing the Quality of Life Program meets the CRA's objective of providing new and maintaining existing affordable housing within the CRA Area per Chapter 163, Part III, Florida Statutes and will further the objectives of the CRA Plan; and WHEREAS, the CRA Board approved the Fiscal Year 2018-2019 budget at the September 11, 2018 meeting, which included funding the Nonprofit Organization Grant Program (NOGP), and on February 12, 2019, the CRA Board authorized funding within the NOGP budget line item for the Affordable and Workforce Housing category of the NOGP to support eligible nonprofit organizations with projects and programs that will create and/or maintain affordable and workforce housing opportunities in the CRA Area and further the CRA Plan; 01105638-1 Page 2 of 18 NOW THEREFORE in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: Section 1. Incorporation. The foregoing recitals and all other information above are true and correct at the time of the execution of this Agreement and are hereby incorporated herein as if fully set forth. Section 2. Effective Date. This Agreement shall be effective on the date the last party to sign executes this Agreement("Effective Date"). Section 3. Goals of the HFHSPBC The Increasi ig the Quality of Life Program Funded by the CRA. A goal of the NOGP, in furtherance of the CRA Plan as it may exist from time to time, is to provide affordable and workforce housing opportunities in the CRA Area. HFHSPBC will assist with this effort through the construction of new affordable housing units and maintenance of existing affordable housing units in the CRA Area. This Agreement shall be interpreted to further these goals and the CRA Plan. Section 4. Reouirements A. Scope of Work. HFHSPBC will construct three (3) new affordable housing units (located at 123 & 127 NE 12th Avenue, Boynton Beach, FL 33435 and 110 NW 6th Avenue, Boynton Beach, FL 33435), complete three (3) Neighborhood Revitalization projects in the Heart of Boynton Beach, and conduct life skills and/or homeownership and maintenance workshop or training within the term of this Agreement. Collectively, these will be referred to as Increasing the Quality of Life Program or the "Project". B. Elinibility. The parties agree that existing and prospective residents within the City of Boynton Beach shall be eligible for all aspects of the Project. C. Results and Deliverables. HFHSPBC will: 1. Provide a report ("Quarterly Report") to the CRA according to the schedule in Section 4.D of this Agreement. Failure to submit a Quarterly Report constitutes an event of default pursuant to this Agreement and renders HFHSPBC ineligible to receive funding pursuant to this Agreement unless or until such default is cured in accordance with Section 13.K of this Agreement. The CRA will not process requests for reimbursement until the default is cured. The Quarterly Report must contain an update on each item listed in this Paragraph 4.0 (Results and Deliverables). 2. Implement the Outputs and Outcomes as identified in the HFHSPBC's NOGP Project/Program Model and Funding Evaluation Plan (attached hereto as Exhibit "A" and hereby incorporated herein) by March 31, 2020. With each Quarterly Report, HFHSPBC will provide evidence to the CRA of the delivery of new affordable housing units or improved properties by submitting at minimum, copies of all issued building permits, copies of all closed building permits, and before and after photographs of each of the improvements for which HFHSPBC seeks reimbursement. For each project or undertaking that is required by law or ordinance to obtain a Certification of Occupancy or a Certificate of Completion in order to be occupied, each Quarterly Report must also contain copies of all Certifications of Occupancy and/or a Certificates of Completion. The CRA will not make final payment to HFHSPBC for reimbursement of expenditures related to the construction of new affordable housing units unless or until copies of Certificates of Occupancy 01105638-1 Page 3 of 18 and/or a Certificates of Completion have been provided to the CRA for each new unit. Copies of the Certifications of Occupancy and/or a Certifications of Completion must be submitted no later than April 15, 2020 in order for HFHSPBC to remain eligible for reimbursement of those expenses. 3. Conduct quarterly life skills and/or home ownership and maintenance workshops/training. HFHSPBC will submit with each Quarterly Report copies of sign-in sheets from the workshops or trainings. The sign-in sheets must include the following information: a. Name, type, and description of each workshop or training, including the date, location and time of each workshop or training. b. Name, address, and telephone number of participant(s). 4. Create a cumulative list ("Client List") of Project participants and beneficiaries ("clients") and provide proof of residency for all clients as of March 1, 2019. Acceptable forms of proof of residency include driver's licenses, utilities bill, and other forms of proof the CRA deems acceptable. The Client List must indicate whether each client is existing or new and if any Project client on a previous report or Client List has dropped out of The Increasing the Quality of Life Program. After the first Quarterly Report, HFHSPBC shall be required to submit proof of residency documents only for new Project clients. 5. Make active efforts to ensure that the Project clients reside in or intend to live within the CRA Area, and provide written or marketing materials used to meet this goal. HFHSPBC will provide an update on progress towards this goal in each Quarterly Report. 6. Obtain and provide to the CRA data on the residents of the Project, which shall include but not limited to residents' name, address, phone number, household income range, household size, occupation, age, gender, and race of Project clients, and other summary data related to affordable housing impact in the CRA area. 7. Provide financial statements for the Project. HFHSPBC will hire, at its own expense, an independent Certified Public Accountant to provide the CRA with a review of the most recent Financial Statement Review for the Project. The review must be submitted to the CRA as soon as completed and prior to any additional funding consideration by the CRA. Failure to submit the review constitutes an event of default pursuant to this Agreement and renders HFHSPBC ineligible to receive funding pursuant to this Agreement unless or until such default is cured in accordance with section 13.K. of this Agreement. Quarterly financial statements are due on the schedule outlined in Section 4.D of this Agreement. This paragraph shall not be read to require financial statements from all Project clients. 8. Undertake Project marketing outreach activities to recruit participants who are new or existing residents. Marketing efforts will be towards persons who are existing or prospective residents of the City of Boynton Beach, with an enhanced effort to reach existing or prospective residents in the CRA Area. Recruitment of participants for the Project will be from word of mouth, direct marketing, publicity mailings, email, press releases, attendance at local business and housing events, and referrals by the local Boynton Beach community organizations. HFHSPBC shall provide copies of marketing materials with each Quarterly Report. D. Reporting_ nd Reimbursement Requests. HFHSPBC shall provide to the CRA Quarterly Reports and requests for reimbursement according to the following schedule: 01105638-1 Page 4 of 18 For the period of March 14—June 30, 2019: due to CRA by July 1, 2019 July 1 —September 30, 2019: due to CRA by October 1, 2019 October 1 — December 31, 2019: due to CRA by January 6, 2020 January 1 — March 31, 2020: due to CRA by April 15, 2020 Section 5. Compensation. The CRA shall pay HFHSPBC a total of $75,000 for HFHSPBC's performance of its obligations under this Agreement. HFHSPBC will be paid quarterly in an amount of $18,750 per quarter upon formal written request by HFHSPBC. Payment is contingent upon receipt by the CRA of all Results and Deliverables listed in Section 4. Time is of the essence, and in order to receive compensation, HFHSPBC must make requests for compensation in accordance with the schedule found in Section 4.D of this Agreement. The CRA shall pay within thirty (30) days receipt of all required reports, reviews, and requests, including those evidencing compliance with this Agreement. Deadlines for reports must be strictly adhered to in order to be eligible for reimbursement by the CRA. All payments shall be in the form of a CRA check made payable to HFHSPBC. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by HFHSPBC, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve HFHSPBC of any liability under this Agreement. Section 6. No Partnership. HFHSPBC agrees that nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or employee relationship. It is specifically understood that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or HFHSPBC's performance under this Agreement. If this Agreement is deemed to empower HFHSPBC to work on behalf of the CRA, HFHSPBC shall be considered to be an independent contractor. Section 7. Termination. This Agreement will automatically terminate after the CRA has made the last payment to HFHSPBC as requested by HFHSPBC pursuant to the schedule in Section 4.13 of this Agreement. This Agreement may be terminated earlier for any reason, or no reason, by the CRA upon thirty (30)days written notice of termination to HFHSPBC. Section 8. Non-Discrimination. HFHSPBC agrees that no person shall, on the grounds of race, color, ancestry, disability, national origin, religion, age, familial or marital status, sex or sexual orientation, be excluded from the benefits of, or be subjected to discrimination under any activity carried on by HFHSPBC, its subcontractors, or agents, in the performance of this Agreement. In the event that the CRA is made aware that such discrimination has occurred in breach of this Agreement, it shall provide notice to HFHSPBC. Upon receipt of such notice, HFHSPBC shall have 15 days to provide evidence that it has cured the breach. The CRA will evaluate the evidence provided and determine, in its sole discretion, if the breach has been adequately cured, and if the CRA determines the breach has not been cured, the CRA shall have the right to immediately terminate this Agreement shall not be liable for any further payments to HFHSPBC pursuant to this Agreement. This Section shall not be construed so as to alter any other provisions of this Agreement concerning termination except as specifically stated in this Section. Section 9. Convicted Vendor List. As provided in Sections 287.132 — 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, HFHSPBC certifies that it, and its affiliates, contractors, subcontractors or agents who will perform hereunder, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty-six(36) months immediately preceding the date of this Agreement. 01105638-1 Page 5 of 18 Section 10. Indemnification. HFHSPBC shall indemnify, defend, save, and hold harmless the CRA, its elected officers, its agents, and its employees, from any and all claims, demands, suits, costs, damages, losses, liabilities, and expenses, sustained by any person whomsoever, which damage is direct, indirect or consequential, arising out of, or alleged to have arisen out of, or in consequence of the services furnished by or operations of HFHSPBC or its subcontractors, agents, officers, employees or independent contractors pursuant to the Agreement, specifically including, but not limited to, those caused by or arising out of any intentional act, omission, negligence or default of HFHSPBC and/or its subcontractors, agents, servants or employees in the provision of services under this Agreement. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. Section 11. Notice. Whenever either party desires to give notice to the other party as required under this Agreement, it must be given by written notice to the name(s) and address(es) specified in this Section, and must be sent by (i) hand delivery with a signed receipt; (ii) by a recognized national courier service; or (iii) by Certified United States Mail, with return receipt requested. Any party may change the person or address to whom notice must be directed by providing written notice to the other parties. Notices must be sent to: If to the CRA: Boynton Beach Community Redevelopment Agency Attn.: Michael Simon, Executive Director 710 North Federal Highway Boynton Beach, Florida 33435 With copy to: Tary Duhy, Esquire Lewis, Longman &Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 If to HFHSPBC: Randy Nobles Habitat for Humanity International (d/b/a HFHSPBC) 181 SE 5th Avenue Delray Beach, FL 33483 Every notice shall be effective on the date actually received, as indicated on the receipt therefore, or on the date delivery thereof is refused by the intended recipient. Section 12. Waiver of Claims. The CRA shall not be responsible for any property damages or personal injury sustained by HFHSPBC from any cause whatsoever related to HFHSPBC's or CRA's performance under this Agreement, whether such damage or injury occurs before, during, or after the term of this Agreement. HFHSPBC hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by HFHSPBC. This waiver, discharge, and release specifically include negligence by the CRA, its agents, or its employees, to the fullest extent the law allows. Section 13. General Provisions. A. Entire Agreement; No Modification. The CRA and HFHSPBC agree that this Agreement sets forth the entire and sole Agreement between the parties concerning the subject matter expressed herein and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in the Agreement may be added to, modified, superseded,or 01105638-1 Page 6 of 18 otherwise altered, except by written instrument executed by the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. B. _Survival. The provisions of this Agreement regarding termination, default, and indemnification shall survive termination or expiration of this Agreement and shall remain in full force and effect. C. Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. D. Headings. The Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. E. Governing Law, Jurisdiction,. and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. F. Independent Advice. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. G. Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion, waive any requirement of HFHSPBC contained in this Agreement. In order to be effective, such waiver must be in writing, and no waiver shall be deemed a continuing waiver unless specifically so stated. H. No Transfer. HFHSPBC shall not subcontract, assign or otherwise transfer this Agreement or any part thereof to any individual, group, agency, government, non-profit or for-profit corporation, or any other entity, without the prior, written consent of the CRA. I. Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and HFHSPBC (or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. J. Public Records. The CRA is a public agency subject to Chapter 119, Florida Statutes. To the extent required by law, HFHSPBC shall comply with Florida's Public Records Law. Specifically, HFHSPBC shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the services referenced herein; 2. Upon request from the CRA's custodian of public records, provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 01105638-1 Page 7of18 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if HFHSPBC does not transfer the records to the CRA. 4. Upon completion of the contract, transfer, at no cost, to the CRA all public records in possession of HFHSPBC or keep and maintain public records required by the CRA to perform the service. If HFHSPBC transfers all public records to the CRA upon completion of the contract, HFHSPBC shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If HFHSPBC keeps and maintains public records upon completion of the contract, HFHSPBC shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CRA, upon request from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. IF HFHSPBC HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO HFHSPBC'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435; oraih m� . K. Default. The failure of HFHSPBC to comply with any or all of the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If HFHSPBC fails to cure the default within seven (7) days' notice from the CRA, the CRA may terminate the Agreement and shall not be liable for any further payments to HFHSPBC pursuant to this Agreement; however, the CRA may elect, in its sole discretion, to fully or partially compensate HFHSPBC for HFHSPBC's partial performance under this Agreement. L. Counter arts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. M. Agreement Deemed to be Drafted Joint!y. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. N. Compliance with Laws. In its performance of this Agreement, HFHSPBC shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations. 01105638-1 Page 8of18 IN WITNESS WHEREOF, the parties hereto have entered this Agreement on the day and year written below. BOYNTON BEACH COMMUNITY REDEVELOP ENT , G C. y . � f J. a (Wi Print Name: Steven B. Grant, Chair Print Name: Date: T fitness,) Prigl Na ee2z�e�41- 22!2z HABITAT FOR HUMANITY INTERNATIONAL d/b/a HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY) ,s t By: �- _ r� 91 Nibs, President & CEO (Witness) ;k -' Print Nar � _ - y,. t Date: (Witness) -_ Print Name: 01105638-I Page 9 of 18 EXHIBIT "A" rw A m 1. w I L ul .20 T .2 A A k r a Q W, m a 1 40 Fj 'IF 2 Zi z! "t r., -M a 6a ,�a i? q — V v rZ Tg ri v 2 T DO c2a L - a P, d Q. 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E , y � 9 L L I- k, Page 13 of 18 Funding Evaluation Plan Boynton Beach Community Redevelopment Agency(CRA) Organization Habitat of Humanity of South Palm Beach Count- Contact Person Pamela Boning Project/Program Name Increasing theLuality of Life Funding Period Marchl,2019—Feb 28-2020 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. Copy-and-paste table below to address each Key Activity included in the Pro jectlProgram Model for the ProgramlProject PROGRAM/PROJECT: Activity#1 Build three homes in the Heart of Boynton Beach. The HFHSPBC—Increasing the Villas,123 and 127 NE 12th Avenue and one home at 110 NW 6th Quality of Life Ave. OUTPUTS/Measurable Indicators 3 Evaluation Process-Outputs: Who,Tools,When 1a. Three new homes will be created Who:HFHSPBC,City of Boynton Beach lb. Three new taxpayers will be created Tools:Tax Roles,Property Appraiser Website, When:By February 28,2020 OUTCOMES/Measurable Indicators 4 Evaluation Process-Outcomes: Who,Tools,When la. Decreased need for affordable housing Who:HFHSPBC,City of Boynton Beach, lb. Reduced empty lots,slum conditions and blight Tools:Tax Roles,Property Appraiser Website, lc. Increased property values for the neighborhood Before and After Pictures,Homeowner Surveys, 1d. Higher tax base for the city of Boynton Beach When:By February 28,2020 Evaluation Plan,HFHSPBC,FY2019,111-2019,Page 1 of 6 Page 14 of 18 PROGRAM/PROJECT: Activity#2 Complete 3 Neighborhood Revitalization/Critical Repair HFHSPBC—Increasing the projects in the Heart of Boynton Beach Quality of Life OUTPUTS/Measurable Indicators i Evaluation Process-Outputs: Who,Tools,When 2a.Three homes or community assets will be repaired Who:HFHSPBC,City of Boynton Beach 2b.Three 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.Three homes can reinstate home owner insurance When:By February 28,2020 OUTCOMES/Measurable Indicators 4 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 February 28,2020 2d.Slum conditions and blight will be removed from key areas of Boynton Beach PROGRAM/PROJECT: Activity tf3:Hold education workshops with financial topics like debt HFHSPBC—Increasing the budgets,home equity borrowing to protect your asset with our financial Quality of Life 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 February 28,2020 OUTCOMES/Measurable Indicators Evaluation Process-Outcomes: Who,Tools,When 3a.Residents'knowledge is increased. Who:HFHSPBC,Partner Families,Financial 3b.Residents gain increased understanding of their Partners(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:February 28,2020 PROGRAM/PROJECT: Activity 1f4:Hold home maintenance workshops with topics like The HFHSPBC—Increasing the ABC's of home repair,hurricane preparedness,and home weatherization Quality of Life with our retail partners Lowes and Home Depot .. _� „..� OUTPUTS/Measurable Indicators i Evaluation Process-Outputs: Who,Tools,When Evaluation Plan,HFHSPBC,FY2019,1-4-2019,Page 2 of 6 Page 15 of 18 Who:HFHSPBC,Partner Families,Retail Partners 4a.Ten families will be educated on home repair (Home Depot&Lowes) Tools:Home Maintenance Workshop Materials, GiveEffect Database When:By February 28,2020 OUTCOMES/Measurable Indicators 3 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 February 28,2020 challenges. 4c.Increased economic activity in the CRA Area 4b.Diversified local economy in the CRA PROGRAM/PROJECT: Activity#5:Complete one neighborhood cleanup HFHSPBC—Increasing the Quality of Life 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 February 28,2020 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 February 28,2020 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 When:By February 28,2020 6d.2 organizations will participate in a neighborhood cleanup contributing to the well-being of their community Evaluation Plan,HFHSPBC,FY2019,1 1-2019,Page 3 of 6 Page 16 of 18 ---- . 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 February 28,2020 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? Evaluation Plan,HFHSPBC,FY2019,1.4-2019,Page 4 of 6 Page 17 of 18 4. Who will be responsible for coordinating the evaluation process and preparing quarterly/annual reports? Pamela Bonina:Director,Grants&Administration 5. How will evaluation data be used for internal performance 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 then 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 organizations 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 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. 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 Evaluation Plan,HFHSPBC,FY2019,111-2019,Page 5 of 6 Page 18 of 18 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 commitment to this Evaluation Pian and the Project/Program Model on which it is based. k A 01 (.hief,f`'xxriutive Signature Date `hairN�n,Bo d of Directors Date Randy Nobles _._ Scott„Sullivan. . _ Printed Name/ritle Printed Name Attachment: Project/Program Model Evaluation Plan,BFHSM,PY2019,1-4-2019,Page 6 of 6 BOYN wwwBEACH "CRA '0 CRA BOARD MEETING OF: March 10, 2020 NEW BUSINESS AGENDAITEM: 15.A. SUBJECT: Consideration of Bid Award for Responses to the Request for Proposals for Website Design, Build, and Maintenance Services SUMMARY: The Website Design, Build, and Maintenance Request for Proposal (RFP) was issued on January 22, 2020 with a submission deadline of February 20, 2020 in accordance with the CRA Procurement Policy(see Attachments I and 11). The proposals submitted in the RFP are evaluated based on the respondents' knowledge/experience, quality of work, methodology, in addition to the costs to perform the scope of services. The Selection Criteria below is based on a scoring rubric utilized to objectively assess each proposal. The overall cost is based on Exhibit "A," Scope of Work, of the RFP. The attached draft contract, if approved by the Board, will also allow the CRA to adjust the Scope of Services each year for consistency with the adopted budget. Four (4) proposals were received by the CRA (Attachment IIIA - Cause Tech, LLC d/b/a Achieve Causes, Attachment IIIB - Granicus, LLC, Attachment IIIC - ePATHUSA, Inc., and Attachment IIID - VUP Media, LLC). The Evaluation Committee reviewed and scored the proposals in accordance with the RFP Requirements and Selection Criteria (see Attachment I, Pages 5-6) below: Selection Criteria (100 Total Points): Organizational Overview (35 points, including 5 points for Local Businesses) Program Development (35 points) Fee Proposal (30 points) Proposers Cumulative Scores: 1. Granicus, LLC 439 2. Cause Tech, LLC d/b/a Achieve Causes 398 2. VUP Media, LLC 398 4. ePATHUSA Inc. 334 Staff's sufficiency review and the Evaluation Committee's results are provided as Attachment IV. The results indicate that Granicus, LLC is the top ranked respondent with a cumulative score of 439 and a cost proposal of $19,500. Their high score was a result of their experience with government entities, quality of work and creativity, organizational capacity, and program development. Reference verification has been initiated and is standard procedure performed by staff prior to contract execution. For the reasons stated above, staff recommends that the Board award the bid to and direct staff to commence contract negotiation with Granicus, LLC. Attached is a Draft Consultant Agreement for Website Design, Build, and Maintenance Services prepared by CRA staff and legal counsel (Attachment V). The basic terms for the contract are as follows: • Annual contract with an option for up to three (3)one-year renewals • A cost not to exceed $19,500 for website design, $4,000 website maintenance, hosting and support, and additional consultation fee of$200 per hour • Ability to adjust the Scope of Services for consistency with CRA Board approved allowances in the future adopted Fiscal Year Budgets • Termination at any time and for any reason Staff would like to have a consultant on board as soon as possible to begin the work. If, for any reason, Granicus, LLC fails to execute the contract within ten days of being provided a contract and a request to execute such contract, CRA Staff is requesting authorization for the Executive Director, or his designee, to end negotiations with Granicus, LLC and move forward to negotiate with the next highest ranked respondent as determined by the Board (since there is a tie between Cause Tech LLC d/b/a Achieve Causes and VUP Media, LLC). Staff only anticipated minor changes to the contract to reflect the proposals of each the next ranked proposers. All other terms and performance standards will remain the same as indicated in Attachment V. Since time is of the essence, staff is also requesting that the Board authorize the Chair, by separate motion, to execute the successfully negotiated contract, subject to legal counsel's final approval. FISCAL IMPACT: FY 2019-2020 Budget, Project Fund, Line Item 01-51420-200, $35,000 total (Website redesign and maintenance - $20,000 and Hosting and related services- $15,000) CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Separate motions will be required: 1. Award the contract to Granicus, LLC in the annual amount not to exceed $19,500, $4,000/year maintenance, sosting, and support, and additional consultation cost of $200/hour, direct staff to commence negotiations with Granicus, LLC, and authorize the CRA Chair to execute the contract contingent on final review by legal counsel. AND: 2. Award the contract with the next highest ranked respondents in the order as selected by the Board if, for any reason, Granicus, LLC fails to execute the contract, direct staff to commence negotiations, and authorize the CRA Chair to execute the contract upon final review by legal counsel. OR 3. Do not award the contract for to Granicus, LLC and provide direction to CRA Staff. ATTACHMENTS: Description D Attachment I -Website Design, Build, and Maintenance Services RFP D Attachment II -Addendum #1 to RFP D Attachment IV -Sufficiency Review and Overall Evaluation Committee Results D Attachment V - Draft Consultant Agreement BOYNTOA « i ( -- Boynton Beach Community Redevelopment Agency Website Design, Build and Maintenance Services Request for Proposals v_ Y �4 5' t f ��s'{{' j, Y ' a Issue Date: January 22, 2020 Submittal Deadline: February 20, 2020, no later than 10:00 a.m. The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing a Request for Proposals (RFP) for the website design, build, and maintenance services and will accept sealed proposals submitted at its office located at 710 N. Federal Highway, Boynton Beach, FL 33435, on or before February 20, 2020, no later than 10:00 a.m. Eastern Standard Time (EST), as determined by the time stamp or clock at the BBCRA's reception area. Proposals received after the date and time set forth above will not be accepted for consideration. All proposals will be date and time stamped by the BBCRA. Faxed or emailed Proposals will not be accepted. The complete RFP documents must be obtained from the BBCRA office or website at www.catchboy ton.com. All requests for information regarding this project must be submitted in writing via email to Ms. Thuy Shutt, BBCRA Assistant Director at ShuttT bbfl.us no later than 5.00 p.m. (EST), on January 30, 2020. The BBCRA may reject any and all bids, waive formalities, re-advertise, and/or accept the Proposal it deems, in its sole discretion and in accordance with all applicable laws, to be in its best interests. 01235089-1 BBCRA Website RFP 2020 Page 1 of 44 TABLE OF CONTENTS 1. BACKGROUND 3 2. PROJECT DESCRIPTION 3 3. PROJECT BUDGET 3 4. PROPOSAL CONTENT REQUIREMENTS 3 5. RFP SUBMISSION REQUIREMENTS 4 6. NUMBER OF COPIES 5 7. RFP EVALUATION & SELECTION PROCESSES 5 8. EXECUTION OF AGREEMENT 6 9. TENTATIVE SCHEDULE OF EVENTS 6 10. QUESTIONS, CLARIFICATIONS, AND INTERPRETATIONS 7 11. LIMITATION ON COMMUNICATIONS —CONE OF SILENCE/NO LOBBYING 7 12. LOCAL BUSINESS PREFERENCE 8 13. PUBLIC ENTITY CRIMES STATEMENT 8 14. DRUG FREE WORK PLACE CERTIFICATION 8 15. CERTIFICATION OF NON-SCRUTINIZED COMPANY 8 16. NON-DISCRIMINATION 8 17. PROTESTS 8 18. PERMITS, TAXES, AND LICENSES 9 19. PUBLIC RECORDS 9 20. INSURANCE REQUIREMENTS 9 21. DISCLOSURE AND DISCLAIMER 9 LIST OF EXHIBITS A. SCOPE OF WORK 11 B. PROPOSER'S INFORMATION 15 C. ACKNOWLEDGEMENT LETTER 17 D. LOCAL BUSINESS PREFERENCE STATEMENT 18 E. PUBLIC ENTITY CRIMES STATEMENT 19 F. CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM 20 G. CERTIFICATION OF NON-SCRUTINIZED COMPANY 21 H. ADDENDA ACKNOWLEDGEMENT 22 I. FEE PROPOSAL FORM 23 J. PROPOSAL CHECKLIST 24 K. INSURANCE REQUIREMENTS 25 L. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY STANDARD CONTRACTOR AGREEMENT 27 01235089-1 BBCRA Website RFP 2020 Page 2 of 44 1. BACKGROUND The BBCRA serves the community by guiding redevelopment activities, such as infrastructure, beautification, affordable housing, economic and business development and promotional programs that create a vibrant downtown core and revitalized neighborhoods within the Agency's 1,650-acre area along the eastern edge of the City of Boynton Beach. 2. PROJECT DESCRIPTION The BBCRA is issuing a Request for Proposals (RFP) with the sole purpose and intent of obtaining responses from interested and qualified firms licensed to do business in the State of Florida for website design, build, and maintenance services of the BBCRA website. The BBCRA is seeking to develop a replacement website for its current website to enhance the user experience, simplify content management, and provide better information while meeting high standards for design quality and visual appeal. The website must incorporate all items in Exhibit "A," Scope of Work, and be in compliance with the American with Disabilities Act (ADA) requirements and responsive design. Additionally, the website management must be simple intuitive and able to be maintained by various BBCRA staff. An award, if made, will be made to the best overall proposer whose proposal is most advantageous to the BBCRA, taking into consideration of the evaluation factors set forth in this RFP. The Agreement resulting from this RFP contain an option to renew the Agreement for a total period of three years. 3. PROJECT BUDGET For this project, the BBCRA has budgeted in FY 2019-2020 an amount not to exceed $20,000 for design, development and launch of a new website. Additional funding for the project in FY 2019-20 may be approved by the CRA Board. The combined maintenance, hosting, and support costs are estimated at $12,000 over 36 months. Budget allocations are subject to CRA Board approval on an annual basis. 4. PROPOSAL CONTENT REQUIREMENTS Proposals must contain all of the following documents and information in order to be deemed complete and for the BBCRA to consider whether Proposer is qualified, responsible, and responsive. Proposals deemed incomplete or that fail to follow the requirements of this RFP may be rejected or disqualified. In the Proposal, information submitted shall be applicable only to the individual, company entity, or branch that will be contracted for this Project. Bidder will not attach any documents or information other than what the BBCRA requests in this RFP (including any addenda); however, Proposer may use additional pages to provide responses to questions if the forms provided do not have adequate space for Proposer to fully answer the question. The proposals shall contain the documents listed below, tabbed and labeled with section dividers, in the following order: a. Provide a written general statement of the qualifications of the Proposer including philosophy and understanding of the work to be performed, capabilities and any experience(s) that would be uniquely relevant in evaluating the Proposer's ability to implement this project. b. Provide a brief history of the firm and length of time in business. 01235089-1 BBCRA Website RFP 2020 Page 3 of 44 C. 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. d. Provide an organizational chart showing key personnel and their qualifications/bios 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. e. Provide a written list of Proposer's similar website design, build, and development experience working with government agencies as it relates to the requirements of this RFP that were completed, including photographs, print, and/or digital records of the website(s), geographical location or addresse(s), date the projects were completed, and general project descriptions. Provide no less than two and no more than ten projects for this item. f. Provide a detailed proposed schedule for the product delivery broken down by each of the tasks noted in attached Exhibit "A," Scope of Work. g. A list of three (3) verifiable professional references, excluding BBCRA staff and Board members, for whom Proposer has provided similar services within the last five (5) years. References must include scope of work, contact names, addresses, telephone numbers, email addresses, and dates of service. A contact person shall be someone who has personal knowledge of the Proposer's performance for the specific requirements listed. Contact person must have been informed that they are being used as a reference and that the BBCRA may be contacting them. DO NOT list persons who are unable to answer specific questions regarding the requirement. This information will be considered in the contract award review. Prior submittals will not be accepted (see Exhibit "B," Proposer's Information). h. 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 (see Exhibit "B," Proposer's Information). i. An acknowledgement letter attesting that the Proposer has read and understands all procedures of this RFP (see Exhibit "C," Acknowledgement Letter). j. Provide reimbursable or out-of-pocket expenses (e.g. mailing costs, photography, printing, etc.) if applicable. k. State your proposed hourly rate for additional consultation. I. Provide the proposed lump sum to cover required tasks and deliverables as outlined in Exhibit "A," Scope of Work, items "h" and "i," and completed Exhibit "I," Fee Proposal Form. m. All other requirements contained in this RFP, including but not limited to the required forms contained in Exhibits "D" through "H" and Exhibit "J," that request a response or information from the Proposer. 5. RFP SUBMISSION REQUIREMENTS Proposals must be received by the Boynton Beach Community Redevelopment Agency at 710 N. Federal Highway, Boynton Beach, Florida 33435, no later than 10:00 a.m. (E.S.T.) on February 20, 2020. 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: 01235089-1 BBCRA Website RFP 2020 Page 4 of 44 Request for Proposals for the Website Design, Build and Maintenance Services for the Boynton Beach Community Redevelopment Agency Website City of Boynton Beach, Florida Issue Date: January 22, 2020 Submittal Deadline: February 20, 2020, no later than 10:00 a.m. Courier-delivered proposals must have the RFP Title and due date on the outside of the courier packet. All proposals will be date and time stamped by the BBCRA. PLEASE NOTE: The BBCRA office will be CLOSED Monday, February 17, 2020 in recognition of President's Day. The BBCRA office will reopen Tuesday, February 18, 2020 at 8:30 a.m. It will be necessary for Proposers to comply fully with the terms and conditions outlined in this document if they are to be considered. 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 Proposal has been submitted within the specified time shall be resolved by reference to the time kept at the BBCRA office by the BBCRA's receptionist or other delegated representative for the receipt of the submittals. 6. NUMBER OF COPIES In total, one (1) unbound, clipped, original Proposal document, tabbed and labeled with section dividers, must be submitted with a title page listing the name of the RFP and the submitting Proposer; one (1) bound, tabbed and labeled copy of the Proposal, with section dividers; and, one (1) digital copy with section dividers of the complete Proposal in PDF format on a labeled CD/DVD or thumb drive. 7. RFP EVALUATION & SELECTION PROCESSES The BBCRA staff shall review each Proposal and make a determination as to whether each Proposal meets the minimum submission requirements for review by the Evaluation Committee. A Proposer's failure to provide a substantially complete Proposal may result in the Proposal not being evaluated. The BBCRA may request clarification of submitted information from any Proposer. The confidentiality of proprietary information from competing Proposers shall be maintained to the extent permitted by law. All response submittals shall be reviewed and evaluated by an Evaluation Committee comprised of the BBCRA Executive Director, Assistant Director, Marketing and Business Development Specialist, Business Promotions and Events Manager, and the Administrative Services and Grant Manager. The Evaluation Committee will provide an evaluation and ranking of the Proposals based upon the following criteria: (35 Points) Organization Overview a. A brief history of the entity, length of time in business and its past experiences as it relates to the requirements of this RFP. b. Past experiences working with government agencies as it relates to the requirements of this RFP. c. Qualifications and experience of personnel to be assigned to this project. d. Status of the entity as a Local Business (5 points). (35 Points) Program Development 01235089-1 BBCRA Website RFP 2020 Page 5 of 44 a. Entity's philosophy and approach for developing a website that incorporates a client's brand. b. Overview of similar successful websites developed and launched, specifically completing website re-designs comparable to the desired project concept (as required by the RFP)which meet or exceed the Web Content Accessibility Guidelines (WCAG) 2.0 AA c. ADA Compliant, Section 508. (30 Points) Fee Proposal a. Proposed lump sum to cover requirements as outlined in Exhibit "A," Scope of Work. b. Proposed hourly rate for additional consultation. c. Total sum of cost for services, including reimbursable and/or out-of-pocket expenses, as identified in Exhibit "I," Fee Proposal, of this RFP. 100 POINTS TOTAL The RFP response submittals will be ranked. In the event of a tie, the Evaluation Committee will apply preference to entities that maintain a drug free workplace program. The top three (3) ranked submittals may be asked to make an oral presentation of their qualifications and project methodology to the BBCRA Board at the next available regular meeting. The CRA Board will consider Evaluation Committee's recommendations and the established criteria in their final decisions on the contract award. However, the BBCRA Board is under no obligation to select a Proposer regardless of their ranking and can opt to terminate the RFP process at its sole discretion. If a contract is awarded, it shall be awarded by written notice to the Proposer whose Proposal is determined to be in the best interest of the CRA, after consideration of all factors. 8. EXECUTION OF AGREEMENT The existence of a contractual relationship between a Proposer and the BBCRA is contingent upon successful negotiations between the BBCRA and a selected Proposer and execution of an agreement by both parties. Therefore, upon selection of a successful Proposer, the BBCRA and the successful Proposer will then enter into negotiations for an Agreement that will contain terms substantially similar to those contained in the Proposal and this RFP. Any Agreement must be in a form approved by the BBCRA Board and BBCRA legal counsel (see Exhibit "L," Boynton Beach Community Redevelopment Agency Standard Contractor Agreement). If the BBCRA and the successful Proposer are not able to agree upon an Agreement satisfactory to both parties within thirty (30) days of the selection of the successful Proposer, either party shall have the right to terminate the negotiations. If the Proposer fails to return an executed copy of an agreed-upon Agreement within ten (10) days of receipt of such Agreement from the BBCRA, the BBCRA may terminate negotiations. The CRA may withdraw its offer of Agreement at any time for any reason. Upon termination of negotiations or withdrawal of offer of Agreement, the BBCRA may move forward as it deems appropriate, which may include entering into negotiations with another Proposer, re-advertising the RFP, electing to terminate the RFP process, or any other action it deems to be in the best interest of the CRA. 9. TENTATIVE SCHEDULE OF EVENTS The BBCRA has established the following tentative schedule for proposal submission and selection of the successful Proposer(s). The BBCRA however, reserves the right to amend milestone dates. 01235089-1 BBCRA Website RFP 2020 Page 6 of 44 Issue Date: January 22, 2020 Request for Information Deadline: January 30, 2020, no later than 5:00 p.m., ShuttT(a_bbfl.us Submittal Deadline: February 20, 2020, no later than 10:00 a.m., BBCRA Office Evaluation Committee:* Week of March 2, 2020 Presentation to BBCRA Board:* March 10, 2020 at 5:30 p.m., Intracoastal Park (*Note: Dates above subject to change— notification of any change will be posted on the CRA's website, www.catchboynton.com) 10. QUESTIONS, CLARIFICATIONS, INTERPRETATIONS, AND REGISTRATION Proposers are required to restrict all contact, questions and requests for clarifications regarding this RFP to Ms. Thuy Shutt, BBCRA Assistant Director. All such requests must be submitted in writing via email to Shut T _ flus by no later than 5:00 p.m., on January 30, 2020. All answers to questions, clarifications, and interpretations will be issued in the form of addenda which become a part of this RFP. Proper must acknowledge receipt of each addenda by completing the Addenda Acknowledgement found in Exhibit"H." It is the Proposer's responsibility to obtain, review, and respond to any and all addenda issued. 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 the BBCRA in the RFP file. Registration. Interested parties must register their name, email address, mailing address, and telephone number by emailing Thuy Shutt, BBCRA Assistant Director, at Shuttus in order to receive any changes, additions, addenda, clarifications, or other notices concerning the RFP. 11. LIMITATIONS ON COMMUNICATIONS - CONE OF SILENCE/NO LOBBYING 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 document.The BBCRA prohibits communication to or with any BBCRA Board Member,Advisory Board Member, officer, or employee during the submission process except as described in the RFP. 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. 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. 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 and shall terminate at the time the BBCRA Board selects a Proposer, rejects all Proposals, or otherwise takes action which ends the solicitation process. 01235089-1 BBCRA Website RFP 2020 Page 7 of 44 12. LOCAL BUSINESS PREFERENCE To provide locally owned and operated companies a competitive advantage when the BBCRA is procuring goods and services, preference will be given by the BBCRA to local businesses. All proposals must indicate whether or not Proposer is a local business via submittal of Exhibit "D," Local Business Certification Statement. 13. 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. To qualify for consideration under this RFP, Proposer must complete and attach Attachment "E," Public Entity Crimes Statement. 14. DRUG FREE WORKPLACE CERTIFICATION In accordance with Florida Statute 287.087, preference shall be given to Proposer(s) with drug free work programs. Whenever two (2) or more Proposals, which are equal with respect to price, quality and service, are received by the BBCRA or by any political subdivision for the procurement of commodities or contractual services, a Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. To receive such preference, the Proposer shall complete and submit with its Proposal the attached certification, Exhibit "F," Certification of Drug Free Workplace Program. 15. CERTIFICATION OF NON-SCRUTINIZED COMPANY Proposer shall complete Exhibit "G," Certification of Non-Scrutinized Company and certify that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a Boycott of Israel. 16. NON-DISCRIMINATION The selected Proposer, its successors and assigns, agree that no person shall, on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation, be subjected to discrimination in any way that is associated with the BBCRA, Proposal, or the project. 17. PROTESTS Any and all decisions by the BBCRA Board to modify the schedule described herein, request 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 in accordance with the Bid Protest policy, available upon written request. Submittal of a Proposal in response to this RFP on the part of any and all proposers constitutes acceptance of this policy. 01235089-1 BBCRA Website RFP 2020 Page 8 of 44 18. PERMITS, TAXES AND LICENSES Proposer shall at its own expense obtain all necessary permits, and licenses, and pay all fees and taxes required to comply with all local state, and federal laws, rules, ordinances, and regulations applicable to the business to be carried on under the contract. 19. PUBLIC RECORDS The BBCRA is public agency subject to 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, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435, SimonfWs. 20. INSURANCE REQUIREMENTS The successful Proposer shall provide a certificate of insurance meeting the requirements of Exhibit "K," Insurance Requirements, along with the executed contract. The BBCRA reserves the right to ensure and require that the insurance coverages provided by the successful Proposer are proper and that the insurers are licensed or otherwise qualified to do business in Florida. If at any time during the term of the Contract the BBCRA determines that it is in its best interests to insist on an alternative insurance provider, it may do so and Proposer(s) agree to comply with the BBCRA's decision. The BBCRA also reserves the right to review, modify, or amend any required coverages, limits, and endorsements during the life of a contract and any extensions thereof. The BBCRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the Proposer's behalf because of the insurer's poor financial condition or due to the insurer's failure to operate legally in the State of Florida. 21. DISCLOSURE AND DISCLAIMER Proposer understands and acknowledges that to the extent permitted by law, the BBCRA retains all rights, at its sole and absolute discretion, to: a. Withdraw this RFP at any time; b. Modify the schedule associated with this RFP; c. Issue addenda to this RFP; d. Request additional information, clarifications, or assurances from one or more Proposers or prospective proposers; e. Reject any and all Proposals; f. Refrain from awarding an agreement as a result of this RFP; 01235089-1 BBCRA Website RFP 2020 Page 9 of 44 g. Verify the accuracy of any information provided; h. Accept Proposals that deviate from this RFP; i. Disqualify or reject Proposals that are incomplete, untimely, or unclear; j. Re-advertise this RFP and accept new Proposals; k. Obtain economic feasibility studies or third-party evaluations with regard to any part of any Proposal; I. Evaluate the Proposals through any process that complies with the BBCRA/Boynton Beach Procurement Policy, this RFP, and applicable Florida Statutes, m. Select the one or more successful Proposals or Proposers it deems will be in the best interests of the BBCRA, regardless of which Proposal appears to offer the best monetary value to the BBCRA; n. Waive any required element or condition found in this RFP for all Proposals or for a specific Proposal; o. Waive any formalities associated with this RFP; p. Negotiate agreements, abandon or withdraw from negotiations, approve agreements, and take other similar actions as a result of this RFP. Any proposer who submits a proposal in response to this RFP fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. In the event of any differences between this disclosure and disclaimer and the balance of the RFP, the provisions of this disclosure and disclaimer shall govern. If proposer fails to fully comply with all requirements of this RFP, proposer or proposer's proposal may be disqualified. END OF MAIN DOCUMENT PROCEED TO EXHIBITS 01235089-1 BBCRA Website RFP 2020 Page 10 of 44 EXHIBIT "A" SCOPE OF WORK 1. General: a. Proposer shall design a website that provides data search and results on website b. Proposer shall design a website that is compliant with, at minimum, Web Content Accessibility Guidelines (WCAG) 2.0 AA ADA Compliant, Section 508. c. Website must provide multiple language support d. Website must provide search Engine Optimization e. Website must provide search Engine Marketing f. Website must be designed for continuous operation 24 hours a day every day of the year. g. Website design must include disclosure of website framework, architectural pattern, wireframes, and technologies (HTML5, CSS, JavaScript, CMS, grid system, third-party libraries) h. Proposer must relinquish copyright and ownership rights to BBCRA, including, but not limited to HTML, scripting code, images, videos, wireframes, database diagrams, framework code, web server code, libraries, assemblies, client code, database procedural code, and database schema code. Source code and content held in escrow account i. Proposer must provide web system Maintenance j. Website must accommodate database Integration 2. Website Design: a. The website must allow data search and results on website b. The website must contain an announcement area for holidays, office open/close, changes in statutes, public notices, etc. c. The website must allow once only acceptance of disclaimer to impede the disclaimer from being displayed on every visit to website d. The website must allow online forms and applications auto populate e. The website must allow opt-in for electronic notifications of changes to data f. The website must be extensible to other UI/UX components including, but not limited to, ESRI Map components and GIS Mapping g. The website must be extensible to other data sources including, but not limited to RDBMS and Web Services. h. The website must contain dashboard for the status of data submitted via online forms i. The website must contain visually appealing charts and graphics j. The website must contain user login for focused data, status updates, changes, applications, charts and maps k. The website must contain a fixed navigation bar and consistent header and footer for all pages 01235089-1 BBCRA Website RFP 2020 Page 11 of 44 I. The website must be cross browser compatible and tested on current and recent versions of Internet Explorer, Edge, Firefox, Safari, Chrome, etc. m. The website shall be compatible with, but not limited to, Amazon Hosting Services or Microsoft Azure Hosting Services n. The website must use responsive website design for tablet, phone, and desktop ensuring that the website is fully "device/viewport/browser agnostic" o. The website shall be "Cloud compliant" for hosting by outside vendor p. The website design must ensure clear communication, brand consistency and aesthetic appeal 3. Website Content: a. The website must contain department contact information including name, staff and short bio b. The website must allow for new content creation and repurposing of current content c. The website must contain a calendar with important dates, deadlines and events d. The website must contain an information area for news, guides, resources, forms, glossary and frequently asked questions e. The website must contain static information files that are easy to find, access and locate f. The website must contain database driven web pages based on search results g. Additional content may be required after research of current website 4. Website Functionality: The website must: a. Provide ease of navigation and usability b. Generate website usage statistics using Google Analytics or approved alternative c. Allow data download (format to include csv, Excel, XML) d. Contain an administration portal to data, users, and system site settings e. Allow users to opt-in to subscriptions for news, deadlines, changes to data via email or text f. Use secure online forms for applying for multiple business processes g. Allow for emergency posting h. Allow for email Integration i. Allow for social Media integrations including, but not limited to, Facebook, Twitter, Instagram, YouTube, RSS Feed j. Integrate with NovusAgenda (a Granicus product) 5. Website Maintenance, Hosting, and Support: a. Proposer shall provide U.S. based telephone and email support 24 hours a day, every day of the year. 01235089-1 BBCRA Website RFP 2020 Page 12 of 44 b. Proposer must be able to deliver timely response (solution required within 4 hours) and resolution for technical requests, changes to the website and the ability to update components/libraries when vulnerabilities are discovered. c. Proposer shall provide graphics and animation updates d. Proposer shall provide website content updates e. Proposer shall provide ongoing support and script programming services as needed on an on-call basis f. Proposer shall monitor website for technical and/or security issues g. Proposer shall provide system back-up, security patches, and restoration h. Proposer shall review website for poor or pixelated images replace as required i. Proposer shall test email accounts (requires confirmation receipt) j. Proposer shall monitor servers and inform BBCRA if any server changes are important to our account k. Proposer shall make minor edits to sentences and paragraph wording I. Site maintenance must not interfere with website availability 6. Website Data Extraction and Loading: For data extraction and loading, the website must: a. Be easy to use and navigate b. Implement best practices and industry standards c. Support batch, automated, and interactive modes d. Provide for change management and notifications and auditing support e. Have the capability to download bulk data sets in various formats, including XML, csv and Excel 7. Website Security and Hardening: a. Proposer shall test for common website exploits using currently accepted standards and practices 8. Website Content Management: a. Website must function such that BBCRA has ability to add, update and delete external website links b. BBCRA requires a non-technical interface that is user friendly to edit and update website content c. Real-time updates are required for content and data d. Website must contain an administrative website portal for status on analytics, data date, and database availability e. The CMS must be role-based for set-up of security access levels f. Website must function as to give BBCRA the ability to add new features without HTML or technical knowledge g. The website must use a cost effective system; shall not be "open source CMS" code h. Website must generate an audit log for content and code changes 01235089-1 BBCRA Website RFP 2020 Page 13 of 44 9. Public Records and Florida Statutes Compliance a. Social Security Numbers are not part of Florida's Public Records Statutes and must be excluded from website and website database(s) b. Protected names per Florida Statutes must be excluded from website and website database(s) c. Proposer will be responsible for maintaining and producing public records in compliance with Chapter 119, Florida Statute and BBCRA Public Records policy, including an agreement that proposer will charge the sums allowed by Statute and CRA policy for producing public records d. Proposer will be responsible for maintaining confidentiality of records exempt or confidential pursuant to Florida Laws, including Chapter 119, Florida Statutes and Section 125.0104, Florida Statutes e. The name of the current Public Records Liaison must be displayed on the website with contact information pursuant to Florida Statute f. Review and incorporate requirements of Special District Accountability Act, Florida Statute Chapter 189, http://www.leg.state.f1.us/statutes/in d ex.cfm?App mode= ispl y Statute L=0100- 01 /01 /01 .htm 1. 10. Additional Work at an Hourly Rate a. Proposer will provide additional consultation not specifically described in this scope at an hourly rate to be agreed upon by the CRA and Proposer. 11. Deliverables a. User Interface/User Experience (UI/UX) Design and Branding b. Extract, Transform, Load (ETL) Design and Testing c. Website Security and Hardening d. User Acceptance and Full Life Cycle Testing e. Production Delivery and Setup f. BBCRA Staff Training g. Maintenance and Support h. Documentation and User Manual 01235089-1 BBCRA Website RFP 2020 Page 14 of 44 EXHIBIT "B" 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 publicly 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: 01235089-1 BBCRA Website RFP 2020 Page 15 of 44 Professional References: Provide three (3) verifiable professional references for similar projects: Contact Name/Company Scope of Work/Contract Dates of Address/Telephone/Email Amount Services 1. 2. 3. Legal History: Has Proposer been involved with any litigation within the past four (4) years? ❑ Yes ❑ No If yes, list all civil and criminal legal actions as required by Paragraph 3.h. in a separate attachment in the following format: Case Number Description State Disposition 01235089-1 BBCRA Website RFP 2020 Page 16 of 44 EXHIBIT "C" ACKNOWLEDGMENT LETTER Re: Boynton Beach Community Redevelopment Agency Request for Proposal (RFP) for the Website Design, Build and Maintenance Services dated January 22, 2020 To Whom It May Concern: The undersigned has read the Boynton Beach CRA (BBCRA) Request for Proposals (RFP) for the Website Design, Build, and Maintenance Services dated January 22, 2020. On behalf of our proposal team, we agree to and accept the terms, specific limitations, and conditions expressed therein. I certify that all of the requirements as described in the RFP have been met and all required documents are enclosed. The undersigned agrees to honor the prices as provided in this proposal until such time a contract for Website Design, Build and Maintenance Services is executed pursuant to the RFP but not to exceed sixty (60) days following selection of the successful Proposer to the RFP. I have read, rely upon, acknowledge and accept the Disclosure and Disclaimer section of the RFP which is fully incorporated by reference into this statement. Sincerely, Name of Proposer Print Name and Title Authorized Signature (Must be able to legally bind the Proposer) Date 01235089-1 BBCRA Website RFP 2020 Page 17 of 44 EXHIBIT "D" LOCAL BUSINESS PREFERENCE STATEMENT When seeking local business preference status, a Proposer must complete and file a written statement as follows: WRITTEN STATEMENT REQUESTING LOCAL BUSINESS STATUS [OFFICER OF COMPANY] Under penalty of perjury, I certify: I am an authorized representative of [NAME OF COMPANY] (Proposer) and on behalf of the Proposer request that it be deemed to be a local business for purposes of the RFP. The following answers accurately reflect the status of the business seeking local preference. Answering yes to question 1 and question 2 will qualify the business as a local business. In support of this request I certify the following information as being true and correct: Name of Business (1) Is the business located within Yes No Number of Years: the City limits of Boynton Beach, Florida? (2) Does the business have a Yes No Business License Number: business tax receipt issued in the current year? (3) Is the business registered Yes No with the Florida Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for disqualification of this proposal. I also agree the Proposer is required to notify the CRA in writing should it cease to qualify as a local business. Name of Proposer Print Name and Title Authorized Signature (Must be able to legally bind the Proposer) Date 01235089-1 BBCRA Website RFP 2020 Page 18 of 44 EXHIBIT "E" 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 Proposer complies fully with the above requirements. Name of Proposer Print Name and Title Authorized Signature (Must be able to legally bind the Proposer) Date 01235089-1 BBCRA Website RFP 2020 Page 19 of 44 EXHIBIT "F" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that who is responding to this RFP ("Proposer") 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 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 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. Name of Proposer Print Name and Title Authorized Signature (Must be able to legally bind the Proposer) Date 01235089-1 BBCRA Website RFP 2020 Page 20 of 44 EXHIBIT "G" CERTIFICATION OF NON-SCRUTINIZED COMPANY , as Proposer, hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that Proposer is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the submittal of the proposal or the execution of any agreement arising out of this RFP, the BBCRA may disqualify the proposal and/or terminate the agreement. Proposer Name By: Authorized Representative of Proposer Date: STATE OF COUNTY OF SWORN TO and subscribed before me this day of , 20207 by . Such person (Notary Public must check applicable box): [ ] is personally known to me [ ] produced their current driver license [ ] produced as identification. (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) 01235089-1 BBCRA Website RFP 2020 Page 21 of 44 EXHIBIT "H" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Request for Proposals Website Design, Build, and Maintenance Services 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 JOINT PROCUREMENT, CO-OPERATIVE PURCHASING AGREEMENT: Proposer agrees it will extend same price, terms, and conditions of this Proposal to other CRAs; Palm Beach, Martin, and Broward County governmental entities and agencies. ❑ Yes ❑ No RFP INFORMATION WAS OBTAINED FROM: ❑ BBCRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Name of Proposer Print Name and Title Authorized Signature (Must be able to legally bind the Proposer) Date 01235089-1 BBCRA Website RFP 2020 Page 22 of 44 EXHIBIT "I" FEE PROPOSAL FORM The Fee Proposal Form shall be completed with printed or typed numeric values mechanically or, if manually, in ink. All corrections on the Fee Proposal Form shall be initialed. Fee Proposal Forms completed in pencil, containing unreadable entries, or containing incorrect mathematical calculations shall be deemed non- responsive. Price includes all materials, prep work, equipment and labor necessary for the completion of the work described in EXHIBIT "A," SCOPE OF WORK. Item No. Description Quantity Unit Price ($) Item Total 1 General 1 each 2 Website Design 1 each 3 Website Content 1 each 4 Website Functionality 1 each 5 Website Maintenance, Hosting, and Price/year Support 6 Website Data Extraction and Loading 1 each 7 Website Security and Hardening 1 each 8 Website Content Management 1 each Reimbursable and/or Out-of-Pocket 9 Expenses (specify multiplier or mark-up n/a n/a if applicable or not to exceed amount) TOTAL 10 Additional Consultation Price/hour /Hour The undersigned certifies that he/she has the ability to sign and bind the Proposer to the services to be performed within the fees proposed. Name of Proposer Print Name and Title Authorized Signature (Must be able to legally bind the Proposer) Date 01235089-1 BBCRA Website RFP 2020 Page 23 of 44 EXHIBIT "J" PROPOSAL CHECKLIST This checklist is provided as an abbreviated reference to assist the Proposer but does not replace the submittal requirements found in the RFP. It is the Proposer's responsibility to read the RFP and provide all information and documentation required. Proposer should check off each of the following items as the necessary action is completed and submit this completed form as part of the proposal: ❑ A written general statement of the qualifications of the Proposer ❑ A brief history of the firm and length of time in business ❑ A certificate of good standing from the Secretary of State of Florida ❑ An organizational chart showing key personnel and their qualifications/bios that will be part of the proposed project's development or management team ❑ A written list of similar website design, build, and development experience working with government agencies as it relates to the requirements of this RFP by the Proposer that were completed and supportive documents for each project (minimum of two and maximum of ten projects) ❑ A detailed proposed schedule for the product delivery broken down by each of the tasks noted in attached Exhibit "A," Scope of Work ❑ Completed Exhibit"B," Proposer's Information ❑ Completed Exhibit"C,"Acknowledgement Letter ❑ Completed Exhibit"D," Local Business Preference Statement ❑ Completed Exhibit"E," Public Entity Crimes Statement ❑ Completed Exhibit"F," Certification of Drug Free Workplace Program ❑ Completed Exhibit"G," Certification of Non-Scrutinized Company ❑ Completed Exhibit"H,"Addenda Acknowledgement ❑ Completed Exhibit"I," Fee Proposal Form ❑ Completed Exhibit"J," Proposal Checklist ❑ Paragraph 6, Proposer must submit: One (1) unbound, clipped original Proposal document, tabbed and labeled with section dividers, must be submitted with a title page listing the name of the RFP and the submitting Proposer; one (1) bound, tabbed and labeled copy of the Proposal with section dividers, and; one (1) digital copy with section dividers of the complete Proposal in PDF format on a labeled CD/DVD or thumb drive. ❑ Paragraph 5 - Proposals must comply with the RFP requirements and be received by the Boynton Beach Community Redevelopment Agency at 710 N. Federal Highway, Boynton Beach, Florida 33435, no later than 10:00 a.m. (E.S.T.) on February 20, 2020. 01235089-1 BBCRA Website RFP 2020 Page 24 of 44 EXHIBIT "K" INSURANCE REQUIREMENTS Without limiting any of the other obligations or liabilities of the Proposer, the Proposer shall, at his/her/its own expense, provide and maintain in force, until all of its services to be performed under the Standard Form of Agreement have been completed and accepted by the CRA (or for such duration as it otherwise specified herein), the following insurance coverages: A. Worker's Compensation Insurance to apply to all of the Proposer's employees in compliance with the "Worker's Compensation Law of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. B. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include: 1. Premises and/or Operations 2. Independent Consultants 3. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 4. Personal Injury Coverage with employee and contractual exclusions removed. C. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 1. Owned Vehicles 2. Hired and Non-Owned Vehicles 3. Employers' Non-Ownership D. Professional Liability Insurance with minimum limits per occurrence applicable to CRA projects as follows: Contract Cost Range Limit 1. $0 - $99,000 $ 250,000 2. 100,000 -299,000 500,000 3. 300,000 -499,000 750,000 4. 500,000—Above 1,000,000 01235089-1 BBCRA Website RFP 2020 Page 25 of 44 Coverage shall be afforded on a form acceptable to the CRA. Proposer shall insure that sub-consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. E. The CRA and The City of Boynton Beach shall be named as an additional insured on the Proposer's policies and all policies shall include a waiver of subrogation. Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 01235089-1 BBCRA Website RFP 2020 Page 26 of 44 EXHIBIT "L" BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY STANDARD CONTRACTOR AGREEMENT This Contractor Agreement (hereinafter "Agreement") is made by and between (hereinafter the "Contractor') and the Boynton Beach Community Redevelopment Agency, located at 710 N. Federal Highway, Boynton Beach, Florida 33435 (hereinafter the "CRA") (collectively the "Parties"). WHEREAS, the CRA is in need of Contractor Services for ; and WHEREAS, the Contractor Services are required for a proper municipal purpose and is in the interest of the public; and WHEREAS, the use of the Contractor Services will further the Community Redevelopment Plan; and WHEREAS, the Contractor has the knowledge, ability, licensing (if applicable), and equipment to provide Contractor Services; NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: 1) Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Notice and Contact. a. Contact Person for the Contractor: Business Name: Address: Telephone Number: Email Address: b. Contact Person for the CRA (hereinafter"Program Coordinator'): Name: (insert name of CRA Staff) Address: 710 North Federal Highway, Boynton Beach FL 33435 Email Address: (insert CRA Staff's email address) Telephone Number: (insert CRA Staff's phone extension) 3) Description of the Contractor Services: Contractor will perform its obligations as described in"Attachment A: Contractor Services." The obligations of Contractor described in "Attachment A: Contractor Services," 01235089-1 BBCRA Website RFP 2020 Page 27 of 44 including any work performed at the Hourly Rate described below, shall be referred to in this Agreement as the "Contractor Services." If mutually agreed to by both parties, the parties may make additions, deletions, or other amendments to "Attachment A: Contractor Services" at any time by completing and executing "Attachment E: Amendment to Contractor Services." Any such amendments will be consistent with the Website Design, Build, and Maintenance Services Request for Proposals issued by the CRA in January, 2020. 4) Dates and Times. Contractor will commence the Contractor Services on the Effective Date of this Agreement, and will complete all Contractor Services no later than ("Completion Date"), unless both parties agree in writing to amend the Completion Date. 5) Compensation. The CRA shall pay the Contractor an amount not to exceed $ ( "General Fee") for the performance of the Contractor Services. Payment for each individual service or item provided shall not exceed the amount described in "Attachment B: Fee Schedule." Other website design services shall be provided at a rate of and 00/100 Dollars ($ ) per hour ("Hourly Rate"). Collectively, the General Fee and fees to be paid at the Hourly Rate shall be referred to as the "Compensation." In the event of additions, deletions, or other amendments to Contractor Services as described in Paragraph 3 of this Agreement, the amount of the Compensation may be adjusted, but the hourly rate of and 00/100 Dollars ($ ) shall not be increased in excess of three percent without approval of the CRA Board. 6) Method of Payment of Compensation. Payment of Compensation (or any part thereof) for Contractor Services is dependent upon sufficient time having been allowed for processing of this Agreement and Contractor providing all required paperwork identified below. a. Payment shall be made in the form of a check made out to and in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. b. All payments shall be in the form of a CRA check made payable to the Contractor, or as indicated above. c. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by the Contractor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Contractor Services. d. The following is required paperwork that Contractor must provide the CRA before the CRA is able to process and invoice and issue payment. The CRA will not provide payment of Compensation, or any part thereof, unless it receives the following: i. Vendor Application and W-9 ii. Itemized Invoice with project name/purchase order number, dates, cost, and description of service(s) rendered, iii. Photos and/or proof of deliverables in an electric format acceptable to the CRA. iv. Other updated documents required during the term of the contract (e.g. License, Certifications, Insurance, etc.) 7) Personnel. Contractor represents that Contractor has, or will secure at Contractor's own expense, all necessary personnel required to perform the Contractor Services under this Agreement. Such personnel 01235089-1 BBCRA Website RFP 2020 Page 28 of 44 shall not be employees of, or have any contractual relationship with, the CRA. All of the Contractor Services shall be performed by the Contractor, or under Contractor's supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, licensed or permitted under state and local law to perform such Contractor Services. Contractor warrants that all Contractor Services shall be performed by skilled and competent personnel in accordance with all applicable federal, state and local laws and professional and technical standards, and that Contractor has all required licenses and permission required by state, local, and federal law to perform the Contractor Services. 8) CRA to Own Materials. The Contractor agrees that the CRA shall be the owner of all materials and other documents created by the Contractor on behalf of the CRA as part of its performance of the Contractor Services. Any and all documents, files, reports, programs, developments and innovations, whether written or electronic, which are developed, maintained, utilized or conceived by Contractor during the term of this Agreement and in the course of the performance of Contractor Services hereunder shall be the exclusive property of the CRA and shall be submitted to the CRA along with the final invoice in a format acceptable to the CRA. Contractor hereby assigns all right, title and interest in same to the CRA. 9) Propriety. Contractor understands that at all times during its performance of Contractor Services, Contractor shall conduct itself at all times with due regard to public conventions and morals, and shall refrain from making statements or presenting material that contains vulgar, obscene, profane, or otherwise objectionable language that, as determined in the sole discretion of the CRA, material and substantially interferes with the functions and reasonable business operations of the CRA. 10)Content, Logistics, Etc. The CRA has sole and absolute discretion as to the content and propriety of the Contractor Services and may deem certain content inappropriate for the CRA's intended use. The Contractor shall have exclusive control of the Contractor Services provided by the Contractor, including the method, manner, and means of executing the Contractor Services. 11)Cancellation. The CRA reserves the right to cancel or postpone the performance of the Contractor Services and/or terminate this Agreement at any time for any reason. The CRA shall not be liable to Contractor for payment for any Contractor Services not yet rendered, but shall be liable for payment of goods received and accepted by the CRA, and Contractor Services rendered and accepted by the CRA, prior to the date of notice of cancellation. In no case shall any payments made pursuant to this paragraph exceed the amount of Compensation. 12)Default. The failure of a party to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the defaulting or breaching party fails to cure the default within seven (7) days of notice from the other party or prior to the Completion Date, whichever comes first, the party not in breach or default may terminate this Agreement. 13)Waiver. The CRA shall not be responsible for any property or other damages or personal injury sustained by the Contractor from any cause whatsoever related to the Contractor Services whether such damage or injury occurs before, during, or after the actual performance of the Contractor Services. The Contractor hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. 14)Indemnification. The Contractor shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Contractor or the performance 01235089-1 BBCRA Website RFP 2020 Page 29 of 44 of this Agreement by Contractor or Contractor's employees, agents, partners, principals, or subcontractors. This paragraph shall not be construed to require Contractor to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 15) Limitation of liability. To the extent permitted by law, the CRA's liability for all matters that occur as a result of, arise out of, or are otherwise related to this Agreement, including negligent, grossly negligent, or willful misconduct or omission, shall be limited to the amount of Compensation or the direct out-of-pocket damages actually incurred,whichever is less. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA , including those set forth in Section 768.28, Florida Statutes. 16)No Transfer. The Contractor shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or profit corporation, or other entity without prior, written permission from the CRA. 17)Insurance. The Contractor shall obtain all insurance required by the CRA and provide proof thereof at least 10 days prior to the start of the Contractor Services, and include, along with an executed copy of this Agreement, a Certificate of Insurance ("COI") for comprehensive general liability insurance with a liability limit of at least$1,000,000 per occurrence. Additional insurance requirements may be found in "Attachment C," which is hereby incorporated herein. The Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of the Contractor Services or this Agreement. The CRA is to be included as "Additional Insured" with respect to liability arising out of services performed by the Contractor by or on behalf of the CRA or acts or omissions of the Contractor in connection with providing Contractor Services pursuant to this Agreement. The Certificate must include the following as additional insured parties: Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 The City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 18)Tax Forms. The Contractor's individual members, including the Contractor's agents and employees, shall provide the CRA with completed W-9 forms in order receive payment. The CRA shall provide the Contractor with an IRS Form 1099 where required under law. The Contractor further acknowledges that the CRA is neither paying Social Security benefits nor withholding taxes from the Contractor's compensation for the Contractor Services. The Contractor assumes all liability and responsibility for payment of the Contractor's (and the Contractor's individual members) own FICA and Social Security benefits and all taxes resulting from this Agreement. 19)Funding. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the CRA. In the event funds to finance this Agreement become unavailable, the CRA may terminate this Agreement upon no less than twenty-four(24) hours' notice to Contractor. The CRA shall be the sole and final authority as to the availability of funds. The CRA shall pay Contractor for goods received or services rendered prior to the date of termination. 01235089-1 BBCRA Website RFP 2020 Page 30 of 44 20)No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, familial status, gender identity, gender expression, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 21)Independent Contractor; No Partnership, Etc. The Contractor agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or employee relationship. It is specifically understood that the Contractor is an independent contractor(s) and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Contractor Services; and that Contractor is an independent contractor and not an employee of the CRA for all purposes including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance Law.. The Contractor will exercise its own judgment in matters of safety for itself, those affected by the Contractor Services, and attendees of the Event. 22)Promotional Materials. The Contractor agrees that the CRA may photograph and/or record video and audio of the Contractor Services, and that such photographs and recordings may be (i) used for the purposes of promotion of the CRA, or undertakings by the CRA; (ii) transmitted live or by recording on local television and radio channels; and (iii) used in materials intended for public display or distribution to the public, including but not limited to print advertisements, billboards, street and light pole banners, websites affiliated with the CRA, and social media affiliated with the CRA. The Contractor waives and assigns to the CRA all copyrights under the Copyright Contractor of 1976, 17 U.S.C. 101, et seq., and all other rights in recorded, photographed, or transmitted versions of the Contractor Services. The CRA shall attribute the Contractor Services to the Contractor. 23)No Infringement. The Contractor represents that in performing the Contractor Services under this Agreement, the Contractor will not infringe on the property right, copyright, patent right or any other right of anyone else; and if any suit is brought or a claim made by anyone that anything in conjunction with the ownership or the presentation of said Contractor or appearance as part of the Contractor Services is an infringement on the property right, copyright, patent right, or other rights, the Contractor will indemnify the CRA against any and all loss, damages, costs, attorney fees or other loss whatsoever. The Contractor shall not use the CRA's logos, or marks without the CRA's prior written approval. 24)Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 25)Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 01235089-1 BBCRA Website RFP 2020 Page 31 of 44 26)Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 27)Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the parties expressly agree and submit. 28)Independent Advice. The parties declare that the terms of this Agreement have been read and are fully understood. The parties understand that this is a binding legal document, and each party is advised to seek independent legal advice in connection with the matters referenced herein. 29)Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties. To that end, this Agreement is declared severable. 30)Force Majeure. Neither party shall be deemed to be in breach of this Agreement if either party is prevented from performing any obligations required of it by reason of boycotts, shortages of materials, labor disputes, embargoes, acts of God, acts of public enemy, acts of superior governmental authority, floods, riots, foreign or civil wars, rebellion, terrorism, sabotage by third parties, or any other similar circumstances for which it is not reasonability responsible and which are not within its control. 31)Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Agreement. No waiver by the CRA shall be deemed a continuing waiver unless expressly stated in writing, and no action or inaction by the CRA shall be deemed a waiver. All waivers by the CRA must be expressly stated in writing. The Contractor may waive any requirements of the CRA contained in this Agreement. 32)Public Records. The CRA is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the CRA to perform the Contractor Services described in this Agreement. b. Upon request from the CRA's custodian of public records, provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the CRA. d. Upon completion of the Agreement, transfer, at no cost, to the CRA all public records in possession of the Contractor or keep and maintain public records required by the CRA to perform the service. If the Contractor transfers all public records to the CRA upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CRA, upon request from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. 01235089-1 BBCRA Website RFP 2020 Page 32 of 44 The Contractor also understands that CRA may disclose any document in connection with performance of the Contractor Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737-3256; 710 North Federal Highway, Boynton Beach, FL 33435; or Simon Wims. 33)Agent. If this Agreement is signed by the Contractor's agent, the agent warrants that he/she is duly authorized to act on behalf of the Contractor, that he/she is authorized to enter into this Agreement, and that the agent and Contractor are jointly and severally liable for any breach of this Agreement. 34)Attorneys' Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, each party shall be responsible for its own attorneys' fees and costs. 35)Compliance with Laws. In the performance of the Contractor Services under this Agreement, the Contractor shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations, including applicable ethics and procurement requirements. 36)Effective Date and Termination. This Agreement will become effective at the date and time that the last party signs this Agreement ("Effective Date"). Unless earlier terminated pursuant to this Agreement, this Agreement will automatically terminate after the performance of the Contractor Services and final payment by the CRA, or on , 20 whichever occurs last. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or postpone the Contractor Services pursuant to this Agreement. 37)Renewal. Prior to the termination of the Agreement, the parties may renew this Agreement for an additional _ year(s) by mutually executing the form attached hereto as "Attachment D" (the "Renewal Agreement'). Either party may send the other party the Renewal Agreement, but in order to be effective, the Renewal Agreement must be signed by both parties. In the event of a renewal, only the dates and times provided for in this Agreement shall be deemed altered, unless other alternations or amendments are agreed upon in writing by the parties in the Renewal Agreement The terms of this Agreement shall not be altered by the Renewal Agreement unless explicitly altered in the Renewal Agreement. 38)Survival. The provisions of this Agreement regarding promotional rights, infringement, indemnity, waiver, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. 39)Electronic Signatures. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. 40)Time is of the Essence. The parties acknowledge and agree that time is of the essence in the performance under this Agreement. 41)Non-Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the CRA determines that this certification is falsified or contains false statements, or that 01235089-1 BBCRA Website RFP 2020 Page 33 of 44 Contractor is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Agreement, the CRA may terminate the Agreement. 42)Agreement Non-Exclusive. Contractor shall be free to contract for similar services to be performed for other entities or persons while under contract with the CRA. The provision of services provided for herein is non- exclusive. The CRA in its sole and absolute discretion may retain additional entities or persons to perform the same or similar work. This space intentionally left blank 01235089-1 BBCRA Website RFP 2020 Page 34 of 44 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. By: Date: Authorized Representative for Contractor Print Name: Witness: Date: Witness Name: By: Date: Authorized Representative for CRA Print Name: Witness: Date: Witness Name: 01235089-1 BBCRA Website RFP 2020 Page 35 of 44 01235089-1 BBCRA Website RFP 2020 Page 36 of 44 ATTACHMENT A CONTRACTOR SERVICES (Insert Revised Scope of Work from RFP) 01235089-1 BBCRA Website RFP 2020 Page 37 of 44 ATTACHMENT B FEE SCHEDULE (Insert Selected Proposer's Fee Proposal) 01235089-1 BBCRA Website RFP 2020 Page 38 of 44 ATTACHMENT C INSURANCE REQUIREMENTS Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall, at his/her/its own expense, provide and maintain in force, until all of its services to be performed under the Standard Form of Agreement have been completed and accepted by the CRA (or for such duration as it otherwise specified herein), the following insurance coverages : A. Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Law of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. B. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include: 1. Premises and/or Operations 2. Independent Consultants 3. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 4. Personal Injury Coverage with employee and contractual exclusions removed. C. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 1. Owned Vehicles 2. Hired and Non-Owned Vehicles 3. Employers' Non-Ownership D. Professional Liability Insurance with minimum limits per occurrence applicable to CRA projects as follows: Contract Cost Range Limit 1. $0 - $99,000 $ 250,000 2. 100,000 -299,000 500,000 3. 300,000 -499,000 750,000 4. 500,000—Above 1,000,000 Coverage shall be afforded on a form acceptable to the CRA. Contractor shall insure that sub-consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 01235089-1 BBCRA Website RFP 2020 Page 39 of 44 E. The CRA and The City of Boynton Beach shall be named as an additional insured on the Contractor's policies and all policies shall include a waiver of subrogation. Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 01235089-1 BBCRA Website RFP 2020 Page 40 of 44 ATTACHMENT D RENEWAL AGREEMENT The Contractor Agreement dated (the "Agreement") is hereby renewed and amended through this Renewal Agreement made by and between ("Contractor') and and the Boynton Beach Community Redevelopment Agency, located at 710 N. Federal Highway, Boynton Beach, Florida 33435 (hereinafter the "CRA") (collectively the "parties"). WHEREAS, the parties previously entered into the Agreement; and WHEREAS, the CRA is in need of Contractor Services beyond the termination date of the original Agreement; and WHEREAS, the Agreement provides that the CRA may renew the Agreement; and WHEREAS, the parties desire to renew the Agreement under the same terms and conditions except as expressly altered herein; WHEREAS, this Renewal Agreement will continue to be in furtherance of the CRA Plan; NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both parties acknowledge, the parties agree as follows: I. Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. II. Renewal of the Agreement. The Agreement is hereby renewed for a period of year(s). The renewal is subject to the amendments to the Agreement contained in this Renewal Agreement. III. Alteration of Terms. The terms of the Agreement remain in full force and effect, except for those terms explicitly amended by this Renewal Agreement. Amendments to the Agreement are shown as follows: additions are shown in underlined format; deletions are shown in strikethrough format. Specifically, the paragraphs and subparagraphs from the Agreement identified below shall be amended as follows: a. Dates and Times Amended. The following dates and times in the Agreement are amended as follows: i. INSERT b. Other AMENDMENTS GO HERE. IV. Effective Date of Renewal Agreement. This Renewal Agreement will become effective at the date and time that the last party signs this Renewal Agreement. The Agreement, as amended by and including this Renewal Agreement, will automatically terminate after the performance of the Contractor Services and payment by the CRA, or on , 2020, whichever occurs last. IN WITNESS WHEREOF, the parties hereto have caused this Renewal Agreement to be executed on the day and year written below. By: Date: Authorized Representative for Contractor Print Name: Witness Date: 01235089-1 BBCRA Website RFP 2020 Page 41 of 44 By: Date: Authorized Representative for CRA Print Name: Witness Date: 01235089-1 BBCRA Website RFP 2020 Page 42 of 44 ATTACHMENT E AMENDMENT TO CONTRACTOR SERVICES This Agreement to Amend the Contractor Agreement (hereinafter"Amendment") is made by and between (hereinafter"Contractor') and and the Boynton Beach Community Redevelopment Agency, located at 710 N. Federal Highway, Boynton Beach, Florida 33435 (hereinafter the "CRA") (collectively the "parties"). WHEREAS, the parties previously entered into the Contractor Agreement dated (hereinafter"Agreement") ; and WHEREAS, the parties desire to amend the "Attachment A: Contractor Services" WHEREAS, the Agreement provides that the parties may amend "Attachment A: Contractor Services," NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both parties acknowledge, the parties agree as follows: I. Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. II. Amendment of Attachment A.The"Attachment A: Contractor Services"that was attached to the Agreement is hereby deleted in its entirety and replaced with the document attached hereto as "Revised Attachment A: Contractor Services." Commencing on the date this Amendment is executed by both parties, for all purposes related to the Agreement, the term "Contractor Services" shall refer to the obligations of Contractor as described in the attached "Revised Attachment A: Contractor Services." III. Amendment to Paragraph 6) Compensation. Paragraph 6) Compensation of the Agreement is hereby deleted in its entirety and replaced with the following: 6) Compensation. The CRA shall pay the Contractor an amount not to exceed $ (hereinafter, [TO BE INSERTED] (Payment of deposit, additional payment, and balance described above (including payment of any part thereof, such as for goods received or services rendered), are individually and collectively referred to in this Agreement as "Payment.") IV. No Other Alteration of Terms. Except for those terms explicitly amended by this Amendment, the terms of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on the day and year written below. By: Date: Authorized Representative for Contractor Print Name: Witness Date: 01235089-1 BBCRA Website RFP 2020 Page 43 of 44 By: Date: Authorized Representative for CRA Print Name: Witness Date: 01235089-1 BBCRA Website RFP 2020 Page 44 of 44 B0'YNT0 1 Ilii„ '�! ARE �.'�`' i K4:i -1-i ADDENDUM NO. 1 TO REQUEST FOR PROPOSAL (RFP) FOR BOYNTON BEACH CRA WEBSITE DESIGN, BUILD, AND MAINTENANCESERVICES The Boynton Beach Community Redevelopment Agency ("BBCRA") has published a Request for Proposal (RFP), dated January 22, 2020, for website design, build, and maintenance services. The intent of this Addendum is to address errors and clarify other aspects of the RPP. Applicants responding to the RFP shall take note of the following changes, additions, deletions, clarifications, etc., to the RFP which shall become a part of and have precedence over anything shown or described otherwise. Question 1: Can content on current website be extracted? Answer. Yes, currently we are using Joomla 3x CMS and data can be extracted from the back-end. Third-party applications may also be used to extract articles from the database. Interested parties will need to research this to see if they can work for their proposal. Question 2: With respect to the CRA's current website analytics, what were the following counts for 2018 2019 respectively? Annual Page Views and Annual Users Answer. Stats were not enabled by the previous website developer. Question 3: With Respect to the current CRA website's Roles/Permissions, please define the types of Roles you envision for the website/CMS Access? Will it be only the CRA Team? If just the CRA Team, will different levels of permission be needed, If, so, what do you envision that to be? Are partners or businesses going to be invited to edit or update the website in any way? Answer. The BBCRA Team and/or consultants will have access with different levels of permission. Question 4: What types of integration, 31d party or other, are requirements. Please provide all names and function. Answer. Novus and Snag a Slip are the only 3.d party integration. 00904109-2 Addendum No. 1 Question 5: What type of disclaimer is required as referenced in Paragraph 2 on Page 11? Answer: Disclaimers will be determined as part of the web design process. Question 6: As referenced in Paragraph 1 on Pagel 1, what type of SEO and SEM is the CRA currently using? What functions of SEM are you in need of? Answer: The BBCRA is not currently using SEO or SEM. However, we anticipate using goog/e ads and are open to other alternatives as recommended by the selected website consultant. Question 7: Provide list of all integration required as referenced in Paragraph 1 on Page 11. Answer: Data integration will be determined upon discussion with selected website consultant. Question 8: Provide a description of what the intended online application and forms auto populate workflow/function would be as referenced in Paragraph 2 on Page 11. Are these fillable PDFs or Form Submissions? How many forms and applications are required? Answer: Online applications and forms types and formats will be determined by the BBCRA in consultation with selected website consultant. The BBCRA anticipates allowing grant recipients, vendors, and other interested parties (e.g. potential renters for the Historic Womans Club of Boynton Beach, RFP/RFQ/ITB proposers or bidders, etc.) access to the online applications and forms. Question 9: What data needs to be downloadable and for who (Permission/Roles) as referenced in Paragraph 4 on Page 12? Please define. Answer: Types of downloadable data and permission/roles will be determined by the BBCRA in consultation with selected website consultant. Question 10: Is there an email marketing platform that needs to be integrated to subscription forms as referenced in Paragraph 4 on Page 12? Answer: The BBCRA currently uses iContact for email marketing. However, the final marketing platform will be determined by the BBCRA in consultation with the selected website consultant. Question 11: What type of data needs to be extracted and loaded? Answer: The type of data will be determined by the BBCRA in consultation with the selected website consultant. 00904109-2 Addendum No. 1 Question 12: Please provide an example of a batch load job? Answer: The type of batch load jobs will be determined by the BBCRA in consultation with the selected website consultant. Question 13: In Paragraph 8 on Page 13, please explain why no to open source CMS Code. Are you looking at a specific proprietary solution? Why is Wordpress, Drupal, or Joomla not an option? Answer: Section A.B.g of Attachment "A," Scope of Work of ITB is hereby amended to allow open source CMS code as stated below: (The underlined language below indicates lan-guage that is added. The &P*ee,64 language below indicates language that is deleted). 8. Website Content Management: a. Website must function such that BBCRA has ability to add, update and delete external website links b. BBCRA requires a non-technical interface that is user friendly to edit and update website content c. Real-time updates are required for content and data d. Website must contain an administrative website portal for status on analytics, data date, and database availability e. The CMS must be role-based for set-up of security access levels f. Website must function as to give BBCRA the ability to add new features without HTML or technical knowledge g. The website must use a cost effective system; and shall n4at be "open source CMS' code h. Website must generate an audit log for content and code changes Please refer to Exhibit `7,"on Page 23 of the RFP Exhibit `7,"Fee Proposal Form, is hereby replaced in its entirety with revised or Exhibit «I YY CONTINUED ON NEXT PAGE 00904109-2 Addendum No. 1 EXHIBIT "I" (REVISED) FEE PROPOSAL FORM The Fee Proposal Form shall be completed with printed or typed numeric values mechanically or, if manually, in ink. All corrections on the Fee Proposal Form shall be initialed. Fee Proposal Forms completed in pencil, containing unreadable entries, or containing incorrect mathematical calculations shall be deemed non-responsive. Price includes all materials, prep work, equipment and labor necessary for the completion of the work described in EXHIBIT "A," SCOPE OF WORK. Item Description Quantity Unit Price ($) Item Total No. General 1-4 Website Design 1 each Website Content Website Functionality 6 Website Data Extraction and 1 each Loading 7 Website Security and 1 each Hardening 8 Website Content 1 each Management Reimbursable and/or Out-of- Pocket Expenses (specify 9 multiplier or mark-up if n/a n/a applicable or not to exceed amount TOTAL 5 Website Maintenance, Price/year Hosting, and Support 10 Additional Consultation Price/hour /Hour The undersigned certifies that he/she has the ability to sign and bind the Proposer to the services to be performed within the fees proposed. Name of Proposer Print Name and Title Authorized Signature (Must be able to legally bind the Proposer) Date END OF ADDENDUM No. 1 00904109-2 Addendum No. 1 c °' c 0 s T N w7 U N U ° 0 i J — O \ � � O O 16 of o O d o > tOf! ... r C o uIn z . c O f0 - f0 C � f0 � m 7>2O > O 2 Z d .o x m o ow u ¢ 3 ° c O a7i ' LL _ > �?kn T. 7 0 > > > X `p > > > > > > > > > > O O, In J = LL0 ry ., O F O O O N .�;.. in a 46 a °' z° ° O z o c a o L OLL H Ln Q w O :) 'n o pL• d = o Y w Q c w W V � U r ¢ a m a V p Ju O Z N J _ . O � >L,j . � W O N � v H V N U p j > > > > > X u > > > u > > i > > > N O O W LLC O v a ° s �' QN D C7 c N m o46 Z z W O W Q z LL Z y � Z Z Z o Q OV of o p Z a 0 z O Z a Z v� O l7mT m Z v Y C Co 3 D m o 0 J N O d y Ox m N 2 Q vOi O R N m 'i O *'^L>, S W \ O > > > > > > > > > > m > IQO n N Q - 00 - W Y N 'O O Y L ry H N Z o W F E 0 N O p 3O O zuj 3 R a 0 IIIIIIIIOURIIO Q _ a n 3 t E E a Y a m. '1-snit i v a v y .3..s' � Y a N - N C mn$ E O1 N N Y C N E ouCls„ft m v urn ° .' v v o E C a '' C wS io a - N w N Y E v o o y Y c a s` v a L `o `o m cr a r v b° c E l7 v Q Q yv a U U m a - Ip '^ �, H �, Q rE Y D w ii l7 = _ �j .7 O p 3 v N o m v Ln C7 0112, ID m` b 0 WEBSITE DESIGN,BUILD,AND MAINTENANCE REQUEST FOR PROPOSAL(RFP) OVERALL EVALUATION RESULTS SUBMISSION DEADLINE FEBRUARY 20,2020 @ 10:00 a.m. N � � PROPOSERS B "V° `�O �; Cause Tech,LLC EACHuu , C C(iAM h31E'Y tZ r}e n �� d/ba Achieve Granicus,LLC ePATHUSA,Inc. VUP Media,LLC Causes REVIEWERS Reviewer 1(TS) 88 82 66 75 Reviewer 2(TSC) 81 85 60 75 Reviewer 3(MC) 72 90 75 80 Reviewer 4(BN) 83 91 73 85 Reviewer 5(MS) 74 91 60 83 Cummulative Total 398 439 334 398 r' + 4 2 RANKING 2 EXHIBIT "L" BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY STANDARD CONTRACTOR AGREEMENT This Contractor Agreement (hereinafter "Agreement") is made by and between (hereinafter the "Contractor') and the Boynton Beach Community Redevelopment Agency, located at 710 N. Federal Highway, Boynton Beach, Florida 33435 (hereinafter the "CRA") (collectively the "Parties"). WHEREAS, the CRA is in need of Contractor Services for ; and WHEREAS, the Contractor Services are required for a proper municipal purpose and is in the interest of the public; and WHEREAS, the use of the Contractor Services will further the Community Redevelopment Plan; and WHEREAS, the Contractor has the knowledge, ability, licensing (if applicable), and equipment to provide Contractor Services; NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: 1) Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Notice and Contact. a. Contact Person for the Contractor: Business Name: Address: Telephone Number: Email Address: b. Contact Person for the CRA (hereinafter"Program Coordinator'): Name: (insert name of CRA Staff) Address: 710 North Federal Highway, Boynton Beach FL 33435 Email Address: (insert CRA Staff's email address) Telephone Number: (insert CRA Staff's phone extension) 3) Description of the Contractor Services: Contractor will perform its obligations as described in"Attachment A: Contractor Services." The obligations of Contractor described in "Attachment A: Contractor Services," 01235089-1 BBCRA Website RFP 2020 Page 27 of 44 including any work performed at the Hourly Rate described below, shall be referred to in this Agreement as the "Contractor Services." If mutually agreed to by both parties, the parties may make additions, deletions, or other amendments to "Attachment A: Contractor Services" at any time by completing and executing "Attachment E: Amendment to Contractor Services." Any such amendments will be consistent with the Website Design, Build, and Maintenance Services Request for Proposals issued by the CRA in January, 2020. 4) Dates and Times. Contractor will commence the Contractor Services on the Effective Date of this Agreement, and will complete all Contractor Services no later than ("Completion Date"), unless both parties agree in writing to amend the Completion Date. 5) Compensation. The CRA shall pay the Contractor an amount not to exceed $ ( "General Fee") for the performance of the Contractor Services. Payment for each individual service or item provided shall not exceed the amount described in "Attachment B: Fee Schedule." Other website design services shall be provided at a rate of and 00/100 Dollars ($ ) per hour ("Hourly Rate"). Collectively, the General Fee and fees to be paid at the Hourly Rate shall be referred to as the "Compensation." In the event of additions, deletions, or other amendments to Contractor Services as described in Paragraph 3 of this Agreement, the amount of the Compensation may be adjusted, but the hourly rate of and 00/100 Dollars ($ ) shall not be increased in excess of three percent without approval of the CRA Board. 6) Method of Payment of Compensation. Payment of Compensation (or any part thereof) for Contractor Services is dependent upon sufficient time having been allowed for processing of this Agreement and Contractor providing all required paperwork identified below. a. Payment shall be made in the form of a check made out to and in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. b. All payments shall be in the form of a CRA check made payable to the Contractor, or as indicated above. c. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by the Contractor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Contractor Services. d. The following is required paperwork that Contractor must provide the CRA before the CRA is able to process and invoice and issue payment. The CRA will not provide payment of Compensation, or any part thereof, unless it receives the following: i. Vendor Application and W-9 ii. Itemized Invoice with project name/purchase order number, dates, cost, and description of service(s) rendered, iii. Photos and/or proof of deliverables in an electric format acceptable to the CRA. iv. Other updated documents required during the term of the contract (e.g. License, Certifications, Insurance, etc.) 7) Personnel. Contractor represents that Contractor has, or will secure at Contractor's own expense, all necessary personnel required to perform the Contractor Services under this Agreement. Such personnel 01235089-1 BBCRA Website RFP 2020 Page 28 of 44 shall not be employees of, or have any contractual relationship with, the CRA. All of the Contractor Services shall be performed by the Contractor, or under Contractor's supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, licensed or permitted under state and local law to perform such Contractor Services. Contractor warrants that all Contractor Services shall be performed by skilled and competent personnel in accordance with all applicable federal, state and local laws and professional and technical standards, and that Contractor has all required licenses and permission required by state, local, and federal law to perform the Contractor Services. 8) CRA to Own Materials. The Contractor agrees that the CRA shall be the owner of all materials and other documents created by the Contractor on behalf of the CRA as part of its performance of the Contractor Services. Any and all documents, files, reports, programs, developments and innovations, whether written or electronic, which are developed, maintained, utilized or conceived by Contractor during the term of this Agreement and in the course of the performance of Contractor Services hereunder shall be the exclusive property of the CRA and shall be submitted to the CRA along with the final invoice in a format acceptable to the CRA. Contractor hereby assigns all right, title and interest in same to the CRA. 9) Propriety. Contractor understands that at all times during its performance of Contractor Services, Contractor shall conduct itself at all times with due regard to public conventions and morals, and shall refrain from making statements or presenting material that contains vulgar, obscene, profane, or otherwise objectionable language that, as determined in the sole discretion of the CRA, material and substantially interferes with the functions and reasonable business operations of the CRA. 10)Content, Logistics, Etc. The CRA has sole and absolute discretion as to the content and propriety of the Contractor Services and may deem certain content inappropriate for the CRA's intended use. The Contractor shall have exclusive control of the Contractor Services provided by the Contractor, including the method, manner, and means of executing the Contractor Services. 11)Cancellation. The CRA reserves the right to cancel or postpone the performance of the Contractor Services and/or terminate this Agreement at any time for any reason. The CRA shall not be liable to Contractor for payment for any Contractor Services not yet rendered, but shall be liable for payment of goods received and accepted by the CRA, and Contractor Services rendered and accepted by the CRA, prior to the date of notice of cancellation. In no case shall any payments made pursuant to this paragraph exceed the amount of Compensation. 12)Default. The failure of a party to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the defaulting or breaching party fails to cure the default within seven (7) days of notice from the other party or prior to the Completion Date, whichever comes first, the party not in breach or default may terminate this Agreement. 13)Waiver. The CRA shall not be responsible for any property or other damages or personal injury sustained by the Contractor from any cause whatsoever related to the Contractor Services whether such damage or injury occurs before, during, or after the actual performance of the Contractor Services. The Contractor hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. 14)Indemnification. The Contractor shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Contractor or the performance 01235089-1 BBCRA Website RFP 2020 Page 29 of 44 of this Agreement by Contractor or Contractor's employees, agents, partners, principals, or subcontractors. This paragraph shall not be construed to require Contractor to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 15) Limitation of liability. To the extent permitted by law, the CRA's liability for all matters that occur as a result of, arise out of, or are otherwise related to this Agreement, including negligent, grossly negligent, or willful misconduct or omission, shall be limited to the amount of Compensation or the direct out-of-pocket damages actually incurred,whichever is less. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA , including those set forth in Section 768.28, Florida Statutes. 16)No Transfer. The Contractor shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or profit corporation, or other entity without prior, written permission from the CRA. 17)Insurance. The Contractor shall obtain all insurance required by the CRA and provide proof thereof at least 10 days prior to the start of the Contractor Services, and include, along with an executed copy of this Agreement, a Certificate of Insurance ("COI") for comprehensive general liability insurance with a liability limit of at least$1,000,000 per occurrence. Additional insurance requirements may be found in "Attachment C," which is hereby incorporated herein. The Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of the Contractor Services or this Agreement. The CRA is to be included as "Additional Insured" with respect to liability arising out of services performed by the Contractor by or on behalf of the CRA or acts or omissions of the Contractor in connection with providing Contractor Services pursuant to this Agreement. The Certificate must include the following as additional insured parties: Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 The City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 18)Tax Forms. The Contractor's individual members, including the Contractor's agents and employees, shall provide the CRA with completed W-9 forms in order receive payment. The CRA shall provide the Contractor with an IRS Form 1099 where required under law. The Contractor further acknowledges that the CRA is neither paying Social Security benefits nor withholding taxes from the Contractor's compensation for the Contractor Services. The Contractor assumes all liability and responsibility for payment of the Contractor's (and the Contractor's individual members) own FICA and Social Security benefits and all taxes resulting from this Agreement. 19)Funding. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the CRA. In the event funds to finance this Agreement become unavailable, the CRA may terminate this Agreement upon no less than twenty-four(24) hours' notice to Contractor. The CRA shall be the sole and final authority as to the availability of funds. The CRA shall pay Contractor for goods received or services rendered prior to the date of termination. 01235089-1 BBCRA Website RFP 2020 Page 30 of 44 20)No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, familial status, gender identity, gender expression, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 21)Independent Contractor; No Partnership, Etc. The Contractor agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or employee relationship. It is specifically understood that the Contractor is an independent contractor(s) and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Contractor Services; and that Contractor is an independent contractor and not an employee of the CRA for all purposes including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance Law.. The Contractor will exercise its own judgment in matters of safety for itself, those affected by the Contractor Services, and attendees of the Event. 22)Promotional Materials. The Contractor agrees that the CRA may photograph and/or record video and audio of the Contractor Services, and that such photographs and recordings may be (i) used for the purposes of promotion of the CRA, or undertakings by the CRA; (ii) transmitted live or by recording on local television and radio channels; and (iii) used in materials intended for public display or distribution to the public, including but not limited to print advertisements, billboards, street and light pole banners, websites affiliated with the CRA, and social media affiliated with the CRA. The Contractor waives and assigns to the CRA all copyrights under the Copyright Contractor of 1976, 17 U.S.C. 101, et seq., and all other rights in recorded, photographed, or transmitted versions of the Contractor Services. The CRA shall attribute the Contractor Services to the Contractor. 23)No Infringement. The Contractor represents that in performing the Contractor Services under this Agreement, the Contractor will not infringe on the property right, copyright, patent right or any other right of anyone else; and if any suit is brought or a claim made by anyone that anything in conjunction with the ownership or the presentation of said Contractor or appearance as part of the Contractor Services is an infringement on the property right, copyright, patent right, or other rights, the Contractor will indemnify the CRA against any and all loss, damages, costs, attorney fees or other loss whatsoever. The Contractor shall not use the CRA's logos, or marks without the CRA's prior written approval. 24)Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 25)Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 01235089-1 BBCRA Website RFP 2020 Page 31 of 44 26)Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 27)Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the parties expressly agree and submit. 28)Independent Advice. The parties declare that the terms of this Agreement have been read and are fully understood. The parties understand that this is a binding legal document, and each party is advised to seek independent legal advice in connection with the matters referenced herein. 29)Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties. To that end, this Agreement is declared severable. 30)Force Majeure. Neither party shall be deemed to be in breach of this Agreement if either party is prevented from performing any obligations required of it by reason of boycotts, shortages of materials, labor disputes, embargoes, acts of God, acts of public enemy, acts of superior governmental authority, floods, riots, foreign or civil wars, rebellion, terrorism, sabotage by third parties, or any other similar circumstances for which it is not reasonability responsible and which are not within its control. 31)Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Agreement. No waiver by the CRA shall be deemed a continuing waiver unless expressly stated in writing, and no action or inaction by the CRA shall be deemed a waiver. All waivers by the CRA must be expressly stated in writing. The Contractor may waive any requirements of the CRA contained in this Agreement. 32)Public Records. The CRA is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the CRA to perform the Contractor Services described in this Agreement. b. Upon request from the CRA's custodian of public records, provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the CRA. d. Upon completion of the Agreement, transfer, at no cost, to the CRA all public records in possession of the Contractor or keep and maintain public records required by the CRA to perform the service. If the Contractor transfers all public records to the CRA upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CRA, upon request from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. 01235089-1 BBCRA Website RFP 2020 Page 32 of 44 The Contractor also understands that CRA may disclose any document in connection with performance of the Contractor Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737-3256; 710 North Federal Highway, Boynton Beach, FL 33435; or Simon Wims. 33)Agent. If this Agreement is signed by the Contractor's agent, the agent warrants that he/she is duly authorized to act on behalf of the Contractor, that he/she is authorized to enter into this Agreement, and that the agent and Contractor are jointly and severally liable for any breach of this Agreement. 34)Attorneys' Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, each party shall be responsible for its own attorneys' fees and costs. 35)Compliance with Laws. In the performance of the Contractor Services under this Agreement, the Contractor shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations, including applicable ethics and procurement requirements. 36)Effective Date and Termination. This Agreement will become effective at the date and time that the last party signs this Agreement ("Effective Date"). Unless earlier terminated pursuant to this Agreement, this Agreement will automatically terminate after the performance of the Contractor Services and final payment by the CRA, or on , 20 whichever occurs last. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or postpone the Contractor Services pursuant to this Agreement. 37)Renewal. Prior to the termination of the Agreement, the parties may renew this Agreement for an additional _ year(s) by mutually executing the form attached hereto as "Attachment D" (the "Renewal Agreement'). Either party may send the other party the Renewal Agreement, but in order to be effective, the Renewal Agreement must be signed by both parties. In the event of a renewal, only the dates and times provided for in this Agreement shall be deemed altered, unless other alternations or amendments are agreed upon in writing by the parties in the Renewal Agreement The terms of this Agreement shall not be altered by the Renewal Agreement unless explicitly altered in the Renewal Agreement. 38)Survival. The provisions of this Agreement regarding promotional rights, infringement, indemnity, waiver, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. 39)Electronic Signatures. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. 40)Time is of the Essence. The parties acknowledge and agree that time is of the essence in the performance under this Agreement. 41)Non-Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the CRA determines that this certification is falsified or contains false statements, or that 01235089-1 BBCRA Website RFP 2020 Page 33 of 44 Contractor is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Agreement, the CRA may terminate the Agreement. 42)Agreement Non-Exclusive. Contractor shall be free to contract for similar services to be performed for other entities or persons while under contract with the CRA. The provision of services provided for herein is non- exclusive. The CRA in its sole and absolute discretion may retain additional entities or persons to perform the same or similar work. This space intentionally left blank 01235089-1 BBCRA Website RFP 2020 Page 34 of 44 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. By: Date: Authorized Representative for Contractor Print Name: Witness: Date: Witness Name: By: Date: Authorized Representative for CRA Print Name: Witness: Date: Witness Name: 01235089-1 BBCRA Website RFP 2020 Page 35 of 44 01235089-1 BBCRA Website RFP 2020 Page 36 of 44 ATTACHMENT A CONTRACTOR SERVICES (Insert Revised Scope of Work from RFP) 01235089-1 BBCRA Website RFP 2020 Page 37 of 44 ATTACHMENT B FEE SCHEDULE (Insert Selected Proposer's Fee Proposal) 01235089-1 BBCRA Website RFP 2020 Page 38 of 44 ATTACHMENT C INSURANCE REQUIREMENTS Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall, at his/her/its own expense, provide and maintain in force, until all of its services to be performed under the Standard Form of Agreement have been completed and accepted by the CRA (or for such duration as it otherwise specified herein), the following insurance coverages : A. Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Law of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. B. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include: 1. Premises and/or Operations 2. Independent Consultants 3. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 4. Personal Injury Coverage with employee and contractual exclusions removed. C. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 1. Owned Vehicles 2. Hired and Non-Owned Vehicles 3. Employers' Non-Ownership D. Professional Liability Insurance with minimum limits per occurrence applicable to CRA projects as follows: Contract Cost Range Limit 1. $0 - $99,000 $ 250,000 2. 100,000 -299,000 500,000 3. 300,000 -499,000 750,000 4. 500,000—Above 1,000,000 Coverage shall be afforded on a form acceptable to the CRA. Contractor shall insure that sub-consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 01235089-1 BBCRA Website RFP 2020 Page 39 of 44 E. The CRA and The City of Boynton Beach shall be named as an additional insured on the Contractor's policies and all policies shall include a waiver of subrogation. Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 01235089-1 BBCRA Website RFP 2020 Page 40 of 44 ATTACHMENT D RENEWAL AGREEMENT The Contractor Agreement dated (the "Agreement") is hereby renewed and amended through this Renewal Agreement made by and between ("Contractor') and and the Boynton Beach Community Redevelopment Agency, located at 710 N. Federal Highway, Boynton Beach, Florida 33435 (hereinafter the "CRA") (collectively the "parties"). WHEREAS, the parties previously entered into the Agreement; and WHEREAS, the CRA is in need of Contractor Services beyond the termination date of the original Agreement; and WHEREAS, the Agreement provides that the CRA may renew the Agreement; and WHEREAS, the parties desire to renew the Agreement under the same terms and conditions except as expressly altered herein; WHEREAS, this Renewal Agreement will continue to be in furtherance of the CRA Plan; NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both parties acknowledge, the parties agree as follows: I. Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. II. Renewal of the Agreement. The Agreement is hereby renewed for a period of year(s). The renewal is subject to the amendments to the Agreement contained in this Renewal Agreement. III. Alteration of Terms. The terms of the Agreement remain in full force and effect, except for those terms explicitly amended by this Renewal Agreement. Amendments to the Agreement are shown as follows: additions are shown in underlined format; deletions are shown in strikethrough format. Specifically, the paragraphs and subparagraphs from the Agreement identified below shall be amended as follows: a. Dates and Times Amended. The following dates and times in the Agreement are amended as follows: i. INSERT b. Other AMENDMENTS GO HERE. IV. Effective Date of Renewal Agreement. This Renewal Agreement will become effective at the date and time that the last party signs this Renewal Agreement. The Agreement, as amended by and including this Renewal Agreement, will automatically terminate after the performance of the Contractor Services and payment by the CRA, or on , 2020, whichever occurs last. IN WITNESS WHEREOF, the parties hereto have caused this Renewal Agreement to be executed on the day and year written below. By: Date: Authorized Representative for Contractor Print Name: Witness Date: 01235089-1 BBCRA Website RFP 2020 Page 41 of 44 By: Date: Authorized Representative for CRA Print Name: Witness Date: 01235089-1 BBCRA Website RFP 2020 Page 42 of 44 ATTACHMENT E AMENDMENT TO CONTRACTOR SERVICES This Agreement to Amend the Contractor Agreement (hereinafter"Amendment") is made by and between (hereinafter"Contractor') and and the Boynton Beach Community Redevelopment Agency, located at 710 N. Federal Highway, Boynton Beach, Florida 33435 (hereinafter the "CRA") (collectively the "parties"). WHEREAS, the parties previously entered into the Contractor Agreement dated (hereinafter"Agreement") ; and WHEREAS, the parties desire to amend the "Attachment A: Contractor Services" WHEREAS, the Agreement provides that the parties may amend "Attachment A: Contractor Services," NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both parties acknowledge, the parties agree as follows: I. Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. II. Amendment of Attachment A.The"Attachment A: Contractor Services"that was attached to the Agreement is hereby deleted in its entirety and replaced with the document attached hereto as "Revised Attachment A: Contractor Services." Commencing on the date this Amendment is executed by both parties, for all purposes related to the Agreement, the term "Contractor Services" shall refer to the obligations of Contractor as described in the attached "Revised Attachment A: Contractor Services." III. Amendment to Paragraph 6) Compensation. Paragraph 6) Compensation of the Agreement is hereby deleted in its entirety and replaced with the following: 6) Compensation. The CRA shall pay the Contractor an amount not to exceed $ (hereinafter, [TO BE INSERTED] (Payment of deposit, additional payment, and balance described above (including payment of any part thereof, such as for goods received or services rendered), are individually and collectively referred to in this Agreement as "Payment.") IV. No Other Alteration of Terms. Except for those terms explicitly amended by this Amendment, the terms of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on the day and year written below. By: Date: Authorized Representative for Contractor Print Name: Witness Date: 01235089-1 BBCRA Website RFP 2020 Page 43 of 44 By: Date: Authorized Representative for CRA Print Name: Witness Date: 01235089-1 BBCRA Website RFP 2020 Page 44 of 44 BOYN wwwBEACH "CRA '0 CRA BOARD MEETING OF: March 10, 2020 NEW BUSINESS AGENDAITEM: 15.13. SUBJECT: Consideration of the FY 2019 -2020 CRA Affordable and Workforce Housing Grant Program SUMMARY: On October 1, 2017, the CRA Board approved and implemented the Nonprofit Organization Grant Program (NOGP). The grant program provided funding for nonprofit organizations providing economic/business development programs/projects or construction or rehabilitation of new and existing affordable and workforce units within the CRA area. As a result of the statutory changes on June 28, 2019 regulating C RAs, the NOG P was revised to only assist in the construction of, or rehabilitation of affordable and workforce housing. $95,000 was approved for the program as part of the FY2019-2020 Budget. On December 10, 2019, the CRA Board gave input on the following items (see Attachment 1): Eligibility and Maintenance of Affordability Guidelines Applicant Florida licensed and Insured For-profit and Nonprofit Entities with demonstrated experience in providing affordable housing, including income qualification experience. Maximum Grant Amount • None perApplication • 50% match of eligible expenses, up to $10,000 per unit/structure 1 • Grant funding to be used only on brick and mortar, no administrative costs (e.g. salary or overhead) • $45,000 total for Rehabilitation activities • $50,000 total for New Construction activities Minimum Number of None Units Type of Ownership Fee-simple ownership Target Household Up to 100%Area Median Income (AMI) I ncome Access to Funding Payment to recipient within 30 days after staff review of completed reimbursement request and supportive documents Review Process Staff Review of Application/Reimbursement with amount of funding to be approved by the Board Credit Report $100 Fee to be paid by applicant at time of application Instrument for Secured Securing terms to be determined by the CRA Board I nterestl Notes: 1. If the Board desires to continue the maintenance of affordability beyond the initial assistance, the funding provided could be secured with a document such as a soft second mortgage to be recorded on the property. Board consensus was that a soft second was not needed due to the small amount of funding available in the program and the wealth building component of the program (offset a portion of the construction costs for local contractors). A cap of up to $10,000 per unit is recommended in order to serve more residents. Based on the Board's direction and input received from public comments received on December 10, 2019, the attached draft grant application is provided as Attachment 11. Additionally, the staff request Board approval of the following implementation schedule in conjunction with the grant application: March 10, 2020 - Board Approval of the grant application and process April 6, 2020 - Notice of Available Funding advertisement April 15, 2020 -Voluntary Grant Application Workshop, Noon and 6:00 p.m. April 20, 2020 -Application Submission Similar to the Economic Development Grant Program, completed grant applications will be accepted on a first come, first serve basis starting on April 20, 2020 and reviewed by staff on a rolling application process (no submission deadline) until funds are expended. Eligible applications will be presented to the Board for approval. FISCAL IMPACT: FY 2019-2020 Budget, Project Fund, Line item 02-58400-444, $95,000 (Residential Improvement) CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve grant application, process, and timeline for the new CRA Affordable and Workforce Housing Grant Program and authorize staff to implement the program subject to final review by legal counsel. 2. Provide modifications to the new CRA Affordable and Workforce Housing Grant Program upon further discussion. ATTACHMENTS: Description D Attachment I - Minutes of the December 10, 2019 CRA Board Meeting D Attachment II - Draft Affordable and Workforce Housing Grant Program Application Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 10, 2019 Vote Vice Chair Katz amended his motion to include the cap of $250K. The motion unanimously passed. C. Consideration and Discussion of MILK Jr. Boulevard Corridor Development Update Mr. Simon gave an update. Staff was working towards a holistic view of the Corridor. The Board reviewed activities held by staff with the community and explained staff is trying to schedule a meeting with private property owners. Staff held several meetings with Quik Stop and was trying to schedule a meeting with them and their financial advising team to discuss options. There has been no position yet, but they had good meetings. Mr. Simon thought the Bell's property could be a nice complement to development. Board Member McCray asked if Easy Mart was sold and asked staff to look into the matter. Vice Chair Katz thought there may be a tendency to become complacent due to the Centennial project. The plan is to develop the entire street. It was good to see what opportunities were out there. Mr. Simon explained staff can bring updates if desired. Board Member Penserga supported the request. D. Consideration of the New CRA Affordable and Workforce Housing Grant Program Ms. Shutt explained in 2017, the CRA developed a program to fund non-profits. The two grantees were Habitat for Humanity of South Palm Beach County and the Community Caring Center. Since then, there were statutory changes this year that discontinue the ability of CRAB in general to fund non-profits. The Board did budget $95K for fiscal year 19/20 for construction/rehabilitation for affordable and workforce housing. Staff provided parameters for the Board to consider when developing grant applications for the funding. One change is the applicant could be a for-profit or non-profit entity. The Board should consider the maximum grant amount per application and the minimum number of units to be provided. Staff recommends ownership should be a fee-simple type of ownership versus a rental, and access to funding would be if the applicant provides all the completed reimbursement requests and documents that the CRA could reimburse within 30 days. The review process would be similar to the current grant program, having an application for reimbursement requirements and grant agreements to be approved by the Board and credit reports should be submitted for all the applicants. The Board should consider maintenance and if the Board would like something drafted in the grant program to maintain affordability, if needed, or if the tangible assets with workforce housing is enough. The Board would need to determine what type of instrument to use to secure public interest when the grant is given to an entity. Staff was seeking input and will return to the Board after working with the attorney. 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 10, 2019 Muhammad Abdallah, Habitat for Humanity, 181 SE Delray Beach, Senior Director, Government and Community Affairs, thought there were some items that may be an issue for Habitat for Humanity. He inquired about how fee-simple ownership would work with their land trust, and would like to discuss it with staff. He queried if Habitat would have the first right of refusal to purchase the property back and if it would be maintained as affordable housing or not. The second question was about the soft second mortgage which was forgiven after 15 years and he noted Habitat has zero interest loans for 30 years and inquired what would occur with the remaining 30 years. Many of their homeowners stay in the home beyond 30 years. He commented Habitat staff and its affiliates will sit with staff and share information about their land trust and how it works on their end. Chair Grant commented this item pertained to residential and not commercial. He thought it was an option to build wealth in the community and did not think they needed the soft second for residential communities like they do for commercial communities. Chair Grant was okay with not having the soft second and not having a minimum of two housing units. He would like to open the program up to local contractors. He understood with the land trust, it is affordable because property owners do not pay tax on the land and it helps maintain the property in the future. The CRA has $95K and he supported allotting $50K towards new home construction and $45K towards rehabilitation of homes. When they issue applications, they will understand a smaller organization may only need $5K for windows on a home. He was concerned if the CRA should put a cap on the value of the home or if there was an income restriction to qualify for the grants. Mr. Simon suggested using a median-income cap and apply simple income verifications on the owner which staff could conduct on a family's income of affordable. Chair Grant thought rather than doing public information of a homesteaded property giving preference not greater than $250K of appraised value according to the property appraiser. This would be for rehab and new construction. Board Member Romelus agreed with removing the soft second mortgage, but needed clarification about the 15-year provision. She inquired how the home would be kept affordable. Mr. Simon explained there were several ways to accomplish that goal, which he discussed. She also favored, when allocating funds, the contribution be strictly used for brick and mortar and not salary or staff. Staff will bring back the draft application with eligibility criteria and work with legal on the maintenance and affordability of the program. E. Consideration and Discussion of the Letter of Intent Submitted by the Surfing Florida Museum for the Event Management of the Historic Woman's Club of Boynton Beach - Revised This item was heard earlier in the meeting. 16. CRA Advisory Board 17 e BOYNTON1 0 A iKPA k 08MBEACH �i C° NKA M U71Y R E D Ev E iC,rr'_, EBF)T A G E N April 1 , 2020 — September 30, 2020 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AFFORDABLE AND WORKFORCE HOUSING GRANT PROGRAM Program Rules and Regulations The Affordable and Workforce Housing Grant Program (AWHGP) is designed to help facilitate the rehabilitation of existing and construction of new affordable and workforce housing within the Boynton Beach Community Redevelopment Agency (the "CRA") Area. The program is designed to provide financial assistance to new and existing fee simple residential structures in the form of a reimbursable grant intended to reduce the initial costs associated with the rehabilitation and construction of affordable and workforce housing 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 AWHGP application and to deny payment at any time if, in its sole and absolute discretion, it determines that the application will not advance the goals and objectives established for redevelopment of the CRA District. For purposes of this application, the term "affordable and workforce housing unit" means a new or existing, fee simple, owner-occupied residential structure within the Boynton Beach CRA's area with a maximum Total Market Value of $250,000 as determined by the Palm Beach County Property Appraiser at time of application or maximum sale price of $250,000 for new construction. The term "project" means the eligible exterior or interior improvement project for which the applicant seeks reimbursement. Initials Page 1 of 16 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com 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 produced the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The AWHGP offers financial assistance to the project in the form of a reimbursable, matching grant for 50% of eligible expenses, up to $10,000, associated with the construction or renovation of the exterior and interior elements of the affordable and workforce housing unit/structure. 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 of Boynton Beach 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: • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, Florida licensed for profit and not-for profit with demonstrated experience in providing affordable or workforce housing, including income qualification experience. • Property to receive the goods and services from the AWHGP must not have a total Market Value in excess of $250,000 as determined by the Palm Beach County Property Appraiser at time of application be located within the CRA area (see attached map). • Must provide proof that the affordable and workforce housing unit is properly permitted by all necessary levels of government or agencies (copies of City and County receipts that the licenses have been applied for). • Improvements to non-residentially zoned properties are NOT eligible expenses. • Proposed closing documents must be executed within 30 days of CRA Board approval or the grant award is terminated. Initials Page 2 of 16 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the CRA. 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 and have no listed history of bankruptcy to be eligible. If there is more than one 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 as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than $250,000 (based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. • Grant funding amounts will be based on the applicant's project budget, specified at the time of the CRA Board approval, including any contingency funding amount. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The AWHGP may only be used one time in any five-year period for any one property. Entities hoping to improve properties that were previously improved using a CRA improvement grant may apply 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 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 any grant funding awarded 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 applicant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach, and submit for reimbursement within 180 days of the issuance date of the permit for the project for rehabilitation project and 365 days for new construction. If CRA Board Approves grant funding and the work being performed does not require a permit, Initials Page 3 of 16 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com the Certificate of Completion (or equivalent) and application for reimbursement must be within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in termination of the grant award. Only one 60 day administrative extension will be permitted, and the CRA has the sole and absolute discretion to grant or deny such extension. • Project items completed and paid for by the applicant more than 60 days prior to grant approval by the CRA Board are not eligible for reimbursement under the grant program. A complete application must be received within 60 days of payment in order for an expense to be eligible for reimbursement. Once a complete application is received, the application will be placed on the next available agenda for review and potential approval. • CRA Board approval of this grant results only in funding. 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. • The CRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Projects and items eligible for funding under this grant program are limited to a maximum per unit total of$10,000 for any combination of the following: • Exterior doors/windows • Exterior stucco or • Plumbing painting • Roofing (Not to exceed • Exterior Awnings • ADA requirements 50% of total grant award) • Landscaping and • Flooring • Water/sewer lateral irrigation within the connections project site • Fencing (excluding chain • Electrical systems, • Patio decks or link, barbed wire, and including lighting covered porches wood panels) connected to the building Initials Page 4 of 16 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com • Parking lot re-paving, re- HVAC system Solar electricity and sealing, and/or restriping water heating — See attached ReNew PACE Eligible Product Lis Ineligible Items The following items are considered ineligible for assistance under the AWHGP Grant Program: • Non-residential or rental • Kitchen or cooking equipment unit/structures • Interior painting • Window Tinting • Interior door hardware • Laundry equipment • Demolition fees • Dumpster Tipping fees • Design services • Any other items that the CRA staff or CRA Board determine will not support the redevelopment of the CRA Area Grant Terms and Conditions This grant is divided into two categories of eligibility: Rehabilitation and New Construction. All reimbursement checks from the CRA to the successful applicant will be made out to the applicant (the business entity). Grant funding amounts will be based on the applicant's project budget specified at the time of CRA Board approval. 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. Applications will not be considered until all required documentation is submitted to the CRA office. Initials Page 5 of 16 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com 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, which will be used 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 for which the applicant is requesting reimbursement. The project budget must provide a total cost of the project. 3. Written detailed project regarding the process by which applicant will ensure that the unit/structure will be occupied by target households up to 100% Area Median Income (AMI). 4. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. 5. Signage design, project color chips, material samples and material specifications, if applicable. 6. Copy of building permit receipt/application. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 90 days of grant approval, or the grant award may be terminated. 7. Resume for each principal/owner of the business entity performing the work to be funded by the AWHGP. 8. Copy of the corporate documents for the applying business entity, including copy of certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida, City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 9. Copy of Warranty Deed for the property where goods and services are performed and funded by the AWHGP. 10.Two years of corporate tax returns (for existing businesses only). 11.Two years of personal tax returns for the principal/owners of a new business. 12.Copy of design and construction plans associated with the proposed improvements. Initials Page 6 of 16 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com 13.List of jobs to be created and filled including job descriptions and pay range. For existing businesses, provide a list of all current positions including job description and pay range. 14.A minimum of four color digital "before" photos of the exterior and interior portions of the project. 15.Completed and signed application (attached). 16.Authorization to perform credit check for the business and each principal/owner of the business (attached). 17.W9 Form (attached). 18.City Planning and Development Department Acknowledgement Form (attached). 19.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 18 and 19) must be completed and submitted to the appropriate departments, which are located at City Hall 3310 Quantum Boulevard, Suite 101, Boynton Beach, FL 33426. Phone (561) 742-6000. Approval of Funding Request All required documentation must be submitted no later than noon three weeks prior to the second Tuesday of the month. CRA staff will review the application to evaluate whether 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 potential approval. The CRA Board meets on the second Tuesday of each month at the Intracoastal Park Clubhouse located at 2240 N. Federal Highway, Boynton Beach, FL 33435. 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 16 Property Improvement 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. Initials Page 8 of 16 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com Procedures for Reimbursement This program is designed as a matching 50% reimbursable 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 seven working (7) 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 must be supported by a cancelled 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; and, b. Each item must also have the date and property address for which goods and services are performed and funded by the AWHGP. 2. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 3. 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 that have been used as part of a reimbursement request for any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida. The AWHGP will Initials Page 9 of 16 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com 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 have been paid is sufficient assurance for the CRA to award grant funding. Initials Page 10 of 16 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com BOYNTON 66"BEACH ,. v 1 APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): Current Business Address: Fed I D#: Florida Corporation: Yes No Copy of certificate of good standing from the Secretary of State of Florida: Yes No Copy of City of Boynton Beach Business Tax Receipt: Yes No Number of years in existence: Copy Palm Beach County licenses (Business Tax Receipt): Yes No Business Phone Number: Cell: Website: Do you currently own the property to be improved: Yes _ No_ If not, please attach purchase and sale agreement with scheduled closing date or copy of deed: Total Square footage of existing unit/structure: Total Square footage with proposed improvements/addition (if applicable): Type of Business: Number of Employees: List of improvements seeking reimbursement for: Requested grant amount: Page 11 of 16 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com BOYNTON 66"BEACH ,. v 1 APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 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 12 of 16 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com Are you receiving grant assistance under any other governmental agencies: Yes_ No If yes, list any additional grant sources and amounts: PROPERTY OWNER INFORMATION: Property Owner Name: Property Owner's Mailing Address: Property Owner's Phone Number: CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). 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 Affordable and Workforce Housing Grant Program (AWHGP), 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 AWHGP 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 grant payments at any time if in its sole and absolute determination it feels such Initials Page 13 of 16 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, 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. Initials Page 14 of 16 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com APPLICANT SIGNATURES: 1. Principal/Owner's Signature Date Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF 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 in the State and County aforesaid on this day of 20 NOTARY PUBLIC My Commission Expires: Page 15 of 16 Affordable and Workforce Housing Grant Program 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com BOYNTON 66"BEACH ,. v 1 LANDLORD INFORMATION PROPERTY OWNER SIGNATURES: 1. Property Owner's Signature Date Printed Name Title 2. Property 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 who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20 NOTARY PUBLIC My Commission Expires: Page 16 of 16 Affordable and Workforce Housing Grant Program 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com BOYNTON 66"BEACH ,. v 1 AUTHORIZATION TO PERFORM A CREDIT CHECK FOR PRINCIPAL/OWNER The applicant hereby consents to and authorizes 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. Please us a separate form for each principal/owner: Principal/Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone Number: Signature: Date: 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com BOYNTON 66"BEACH ,. v 1 AUTHORIZATION TO PERFORM A CREDIT CHECK FOR BUSINESS The applicant hereby consents to and authorizes 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 (d/b/a if applicable): Federal Tax I D #: Current Business Address: State of Corporation: Email: Phone Number: Fax Number: Signature: Date: Title: 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com BOYNTON 66"BEACH ,. v 1 CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT DEPT. ACKNOWLEDGEMENT FORM AFFORDABLE AND WORKFORCE HOUSING GRANT PROGRAM CRA Grant Applicant: has met with the City's Planning & Development Department to review the improvements that will done on the property located at: List of Improvements: City of Boynton Beach Planning & Development Dept. Reviewed by: Date: Requirements: 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com BOYNTON 66"BEACH ,. v 1 CITY OF BOYNTON BEACH PERMIT DEPT. ACKNOWLEDGEMENT FORM AFFORDABLE AND WORKFORCE HOUSING GRANT PROGRAM CRA Grant Applicant: has met with the City's Building Department to review the improvements that will done on the property located at: List of Improvements: City of Boynton Beach Permit Dept. Reviewed by: Date: Requirements: 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT (PAYMENT BY CHECK) The undersigned lienor, in consideration of the final payment in the amount of $ and condition upon payment of check number issued to the undersigned by in said amount, waives and releases its lien and right to claim a lien for labor, services or materials furnished to (customers) on the job of(owner property) to the following described property: Dated on: , 20 Lienor's Name Address By Printed Name