The URL can be used to link to this page

Agenda 10-13-20 B1 1 �►.�+'I �1 '�,�\�\„B E AC Ki C R A COMMUN 's EEVELSENT AGENCY Community Redevelopment Agency Board Meeting Tuesday, October 13, 2020 -5:30 PM GoToWebinar Online Meeting 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. Purchase and Development Agreement Status on Ocean One Boynton, LLC 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 8. Information Only A. Public Comment Log 9. Public Comments 10. Consent Agenda A. CRA Financial Report Period Ending September 30, 2020 B. Approval of CRA Board Meeting Minutes- September 8, 2020 11. Pulled Consent Agenda Items 12. CRA Projects in Progress A. Marketing, Business Promotions, and Social Media Update B. Social Media Outreach Program 4th Quarterly Report (July- September 2020) C. CRA Economic& Business Development Grant Program Update D. Ocean Breeze East Affordable Multi-Family Rental Apartment Project U pdate E. Palm Beach County Housing Authority Project Update 13. Public Hearing 14. Old Business A. Discussion Regarding Prevailing Wage, Benefits and Apprenticeship Policies for CRA Procurement and Requests for Proposals B. Discussion and Consideration of a Purchase and Sale Agreement for the Property located at 407 N E 1 st Street C. FY 2019-2020 CRA Projects End-of-Year Presentation 15. New Business A. Discussion Regarding the 2020 Holiday Boat Parade B. Consideration of the Interlocal Agreement (ILA) Between the Boynton Beach CRA and City of Boynton Beach for certain enhancements to the Sara Sims Park Amphitheater C. The Villages Project Update 16. CRAAdvisory Board A. CRAAdvisory Board Meeting Minutes- September 3, 2020 B. Pending Assignments 1. Review of Commercial Properties within Boynton Beach Boulevard Corridor within CRAArea C. Reports on Pending Assignments D. New Assignments 17. Future Agenda Items A. MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project Update B. Discussion and Consideration of Request from South Florida Marine regarding the Purchase and Development Agreement C. Consideration of an Interlocal Agreement with the City of Boynton Beach for the Historic Woman's Club of Boynton Beach located at 1010 S. Federal Highway D. Discussion and Consideration of Responses to the RFP/RFQ for the CRA Owned Properties located at NE 4th and NE 5th Avenue a.k.a. Cottage District E. Discussion and Consideration of a Letter of Intent from Ocean Avenue Residences and Shoppes, LLC for the CRA Owned Property Located at 115 N. Federal Highway 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITHA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256,AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRNS WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRNS WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: October 13, 2020 LEGAL AGENDAITEM: 5.A. SUBJECT: Purchase and Development Agreement Status on Ocean One Boynton, LLC SUMMARY: The Boynton Beach Community Redevelopment Agency ("BBCRA") entered into a Purchase and Development Agreement with Ocean One Boynton, LLC ("Developer") on January 16, 2018, for the BBCRA owned property located at 222 N. Federal Highway for the amount of $1,000 (see Attachment 1). The closing and transfer of property ownership to the Developer occurred on February 24, 2018. The Ocean One Project received site plan approval from the City of Boynton Beach City Commission on April 17, 2017. When completed, the Project will insist of 231 multi-family residential rental units, parking structure and 8,600 (+/-) square feet of commercial space (see Attachment 11). In addition to the sale of the property, on January 16, 2018, the BBCRA entered into a Tax Increment Revenue Funding Agreement (TIRFA) with the Developer and agreed to provide certain funding incentives to the Developer by sharing a percentage of future tax increment revenue generated by the completion of the Ocean One Project upon payment of their annual property taxes over a period of eight (8) years (see Attachment 111). Under the terms of the TIRFA, the Developer agreed to Commence Construction of the Project within two (2) years of the TIRFA's Effective Date, January 16, 2018. As of the date of this meeting, Commencement of Construction has not taken place nor has the City of Boynton Beach received a permit review application for the approval of construction drawings for the Ocean One Project. In the TIRFA's Section 9, Termination, it states that the Agreement shall automatically terminate within two (2)years of the Effective Date if the Developer has failed to commence construction of the Phase I Improvements and any stated obligation for future payment of Pledged Project Tax Increment Revenue shall cease. Related to this matter, the BBCRA received a letter on April 15, 2019, from the Developer's attorney, Ms. Bonnie Miskel, stating that the Project had notified the City of Boynton Beach and received an extension of the site plan approval until March 2, 2023 (see Attachment IV). The Board briefly discussed the request at their July 9, 2019 meeting and decided to address the delay closer to the TIRFA's default date in January 2020 (see Attachment V). The site plan and the TIRFA are not linked under the terms of the Agreement. Under the terms of the Purchase and Development, Section 18.2 requires the Developer to commence construction of the public plaza within 12 months of the expiration of the Commencement of Construction period. That requirement is echoed in the deed. FISCAL IMPACT: Under the terms of the TI RFA, if completed, the percentage share of the Project's Tax Increment Revenue shall be paid to the Developer as follows: Years 1 —7, Seventy-five percent (75%) of the Pledged Project Increment Revenues; and, Year 8, Fifty percent (50%) of the Pledged Project Increment Revenues. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined by the CRA Board. ATTACHMENTS: Description D Attachment I - Purchase and Development Agreement D Attachment II - Project Description D Attachment III -Tax Increment Revenue Funding Agreement D Attachment IV -April 15, 2019 B. Miskell Letter D Attachment V -CRA Board Meeting Minutes, July 9, 2019 PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACI I COMMUNITY REDEVELOPMENT AGENCY, as public agency created pursuant to Chapter 163,Part 111.ofthe Florida Statutes(hereinafter,-SELLER")and OCEAN ONE BOYNTON,LLC (hereinafter, "PURCHASE-11"), lticonsidei-atioiiofcite mutuaf covenants and agreements herein set forth,the Parfieshereto agree as follows: 1. PURCHASE AND SALUPROPERTY. SELLER agrees to sell and convey to PURCI-IASL.R, and PURCHASER agrees to purchase and acquire from SELLER. on the terms and conditions hereinafter set forth.the Property which consists of a parcel located in Palm Beach County, Florida as more particularly described as follows(hereinafter,tile -Property"): See Attached Exhibit "A." 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Ten Dollars($10.00),receipt of which is hereby acknowledged.The parties agree that SELLER is conveying tile Property to PURCHASER for the construction of mixed- use development as set forth in the Site Plan attached hereto as Exhibit "B." (tile "Development Project"). SELLER has complied with Section 163,380, Florida Statutes. in proceeding with tile sale of the Property to PURCI IASER. 3. QEPQSIT $).000-00.to be paid to Closing Agent as hereinafter defined within Five(5)days of the EMective Date,which shall be nonrcrundable unless otherwise provided herein, and shall be credited against Buyer's costs at closing. 4. E17FECTIVE DATE, The Effective Date of this Agreement shall be the date when the last one of the SELLER and PURCHASER has signed the Agreement. 5CLOSING. The purchase and sale transaction contemplated herein shall close within sixty (60) days from the Effective Date of this Agreement, unless extended by other provisions ofthis Agreement or by written agreement,signed by both parties.Notwithstanding the agreement, the Closing shall occur no later than one year from the Effective Data.. 6. TITLE TO BE CONVEYED. At Closing.SELLER shall convey to PURCHASER, by Special Warranty Deed in a form substantially in accordance Nvith Exhibit"C"attached hereto, and complying with the requirements of the`title Commitment (hereinafter defined), valid,good, marketable and insurable title in fee simple to the Property, free and clear orally and all liens, encumbrances, conditions, easenwnts. assessments. restrictions and other conditions except only the Following (collectively, tile "Permitted Exceptions"): (a) general real estate taxes and special assessments For the year orClosing and subsequent years not yet due and payable: (b)covenants, conditions, casements, dedications, rights-of-way and matters of record included on the Title Commitment or shmkn on the Survey(hereinafter defined),to which PURCHASER foil$to object, PURCHASE AND Dr:;VEI,.OP,\,11-'.N'I'AGREtENI Page 2 of 77 or which PURCHASER agrees to accept. pursuant to Section 7.1 and Section 7.2 hereof. 7. INVESTIGATION,017 TFIE PROPER'ry, Within thirty(30)days of tile Effective Date (-Feasibility Period"), PURCHASER and PURCHASER'S agents, employees, designees, contractors, surveyors, engineers, architects, attorneys and other consultants (collectively. "Agems"), shall have the right. at PURCHASER'S expense, to make inquiries oCand meet with members ol'Governmental Authorities regarding the Property and to enter upon the Property, w any time and From ti-ne to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations or the Property. including but not limited to Phase I and Phase 11 investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this contract, If PURCHASER elects to terminate this Agreement in accordance with this Section. PURCHASER shall: (i) leave the Property in substantially(lie condition existing on (lie Effective Date; (H) to the extent practicable,shall repair and restore any damage caused to the Property by PURCHASER'S testing and investigation. and(iii) release to SELLER(without representation or warranty),at no cost.all reports and other work generated as a result Of the PURCI,IASER-S testing and investigation (other Haan proprietary information prepared solely by Purchaser). PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims. losses,expenses,demands and liabilities, including, but not limited to,attorney's fees, for nonpayment for services, rendered to PURCHASER (including. without limitation, any construction liens resulting thercfrorn) or for damage to persons or property arising out of PURCHASER'S investigation of the Property. PURCHASER'S. obligations under this Section shall survive the termination,expiration or Closing7-- of this Agreement. 7.1 Scllcr*s Documents. SELLER shall deliver to PURC14ASER the following documents and instruments within Five(5)days or tile Effective Date of this Agreement:copies of' any reports or studies (including, environmental, engineering. surveys, soil borings and other physical reports) in SELLER'S possession or control with respect to the physical condition orthe Property. if any. 7.2 Title Review, Within thirty (30) days of tile Effective Date ("Title Investigation Period"), PURCHASER shall obtain, at the PURCHASER'S expense. from a Title Company chosen by PURCHASER(hercinarter"Title Company"),a Title Commitment covering the Property and proposing to insure PURCHASER in an amount to be determined subject only to tile Permitted Exceptions. together with complete and legibic copies or all instruments identified as conditions or exceptions in Schedule B of tile Title Commitment. PURCHASER shall examine the Title Commitment and deliver written notice to Sf-'-I,LFR no later thin tile end of the Title Investigation Period. notifying SELLER of any objections PURCHASER has to the condition of title (hereinarter "PURCHASER'S Title Objections"). If PURCHASER fails to deliver PURCHASEWS Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. IrPURCI IASER timely delivers tile PURCHASER'S Title Objections. SELLER shall have thirty (30) days to attempt to cure and remove the PURCHASER'S Title Objections(hereinafter"Cure Period"), It is understood by the parties that SELLER shall have no obligation to incur costs or initiate legal proceedings to address PURCHASEWS Title Ob cctions. In the event that SELLER is unable to j PURCI IASE AND DEVELOPi\lf,'NT,\CjRl-'[,-i,IEN-r Page 3 of 77 cure and remove,or cause to be cured and removed, the PURCI,IASER'S Title Objections within tile Cure Period to the satisfaction of'PURCIASER.then PURC HA SE R, in PU RCHASE R'S sole and absolute discretion,shall have the option or(i) cx(ending the Cure Period and the Closing for one additional thirty(30)day period-or(ii)accepting the Title to the Properly as or the time of Closing or(iii)canceling and terminating this Agreement, in which case,(lie Deposit, i r any, shall be returned to PURCHASER and the Pat-ties shall have no further obligations or liability hereunder,except fior those expressly provided herein to survive termination of'this Agreement. Prior to the Closing. PURCI IASER shall have(lie right to cause the Title Company to issue an updated Title Commitment("Title Update")covering(lie Property. lFany Title Update contains any conditions which did not appear in the Title Commitment,and such items render title unmarketable, PURCI IASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. T3 Survey Review. PURCHASER.at PURCHASEWS,expense, may obtain a current boundary survey(the"Survey'')ofthe Properly,indicating the number of acres comprising tile Property to the nearest 111 00th o,f an acre. I f the Survey discloses that there are encroachments on the Property or (lint improvements located on time Properly encroach on setback lines, casements, hands of'others or violate any restrictions,covenants of this Agreement. or applicable governmental regulations. [lie same shall constitute a title defect and shall be governed by tile provisions of Section 7.2 concerning title objections. 8< CONDITIONS TO CLOSING. PURCI JASER shall not be obligated to close oil the purchase of the Property unless each of the following conditions(collectively,the"Conditions to Closing*')are either fulfilled or waived by PURCHASER in writing: 8.1 Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as ol'Closing. 8.2 Condition of Property. The Property is being sold in as-is condition. 8.3 Pendigg Proceeding At Closing. there shall be no litigation or administrative agency or other governmental proceeding of'any kind whatsoever. pending or threatened, regarding the Properly.which has not been disclosed, prior to closing,and accepted by PURCHASER. 8.4 Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal. state and local laws, ordinances. rules, regulations, codes, requirements. licenses, permits and authorizations as or the date of Closing, 9. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared. the Closing Documents set Cortin in this Section, except for documents prepared by the Title Company. At Closing. SELLER shall execute and deliver,or cause to be executed and delivered PUM IASL;AND ISE M-OPIVIENT AGRFEMENT Page V77 to FURCI IASER (ic following documents and instruments: 9.1 Deed, A Special Warrant),Deed (the-Deed")conveying to PURCHASER valid, good, marketable and insurable 1ec simple title to the Property firce and clear or all liens. encumbrances and other conditions or title other than [lie Permitted Exceptions. consistent with Section 6 orthis Agreement, 9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien lalv;and that there are no parties in possession of the Property other than SELLER. SELLER shall also Jumish to PURCHASER as non-foreign affidavit with respect to tile Property. In the event SELLER is unable to deliver its affidavits referenced above or any other document reasonably required by the Title Company,the same shall be deemed an uncured Title Objection. 9.3 Closing Statement. A closing statement setting forth the Purchase Price,.all credits, adjustments and prorations between PURCHASER and SELLER. all costs and expenses to be paid at Closing,and the net proceeds due SELLER. 9.4 Corrective Documents. Documentation required to clear title to the Property of-all liens,encumbrances and exceptions, if any. other than Permitted Exceptions, 9.5 Additional Documents. Such other documents as PURCI IASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and crFectuate the terms of this Agreement. 10, PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1 11rorations. Taxes and assessments.if any. for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by prorat ions to be made through the day prior(o Closing. Taxes shall be prorated based upon tile current year's tax with due allowance made For Maximum allowable discount, If Closing occurs at a date when tile current year*s millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. if current year's assessment is not available, (lien taxes will be prorated on prior year's tax. A tax proration based on an estimate shall,tit request of either party. be readjusted upon receipt of tax bill, 10.2 Closing Costs. PURCHASER shall pay for documentary stamps on tile deed, recording the deed and all general closing expenses(settlement fee. courier fees,overnight packages. e(c.). Each party shall be responsible for their own attorneys* fees. The PURCHASER shall be responsible for the payment or the survey and the title insurance searches and policies, 10.3 Closina Procedure, PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations, set Forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Closing Agent designated by PURCHASER, the Closing PURCHASL AND DEVELOPMENTAGREENIENT Pnge 5 of 77 Documents, Tile Closing Agent shall,at Closing,deliver the Closing Documents and a"marked- up" Title Commitment to PURCHASER, and promptly thereafter, record (fie Deed and other recordable Closing Documents in ilia appropriate public records. IOA Existing MgqgMsand Other Liens. At Closing. SELLER shall obtain. or cause to be obtained, satisfaction or release of record or all mortgages, liens and judgments applicable to and encumbering the Property. 11, REPRESENTATIONS. COVENANTS AND WARRANTIES, 11.1 Seller's Representations-and Warranties. SELLER hereby represents, covenants and warrants to PURCHASER, as of(lie Effective Date and as of the Closing Date. as Follows: 11.2 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SFIA-ER'S capacity and all requisite action has been taken to make this Agreement valid and binding oil SELLER in accordance with its terms,"rhe person eXCCLIting this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER.and this Agreement represents a valid and binding obligation ofSEI,L[--,R, 11.3 Litle. SELLER is and will be on the Closing Date,the owner of valid,good, marketable and insurable Fee simple title to the Property. free and clear of all liens.encumbrances and restrictions oFany kind.except the Permitted Exceptions(and encumbrances orrecord which Will be discharged at Closing). 12. DEFAULT. 12.1 Purchaser's PgfhUlt, In the event that this transaction fails to close solely due to PARC!IASERs refusal to close, and such failure to close is not a result of' SELLER'S default or a title/survcy defect, subject to the provisions of Paragraph 12.3 below, SELLER may terminate this Agreement and be entitled to retain the Deposit. following which neither PURCHASER nor SEI...LER shall have any further obligations or liabilities tinder this Agreement, except for those expressly provided to survive the termination of this Agreement: provided, however,that VURCFIASER shall also be responsible for the removal orany liens asserted against the Property by persons claiming by. through or under PURCHASER, The failure of PURCI IASC-R to comply with the provisions set forth in this Agreement S11311 Constitute a Default and Breach of this Agreement. 12.2 Scllcr*s Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate. then, notwithstanding anything to the contrary contained in this Agreement. PURCHASER may. at its option: (1)declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may (i) seek an action for specific performance; or (ii) terminate this Agreement, wherein the full deposit shall be returned to PURCHASER and neither Party shall have any further rights hereunder. CON421 PURCHAsr AND DEVE 1-0111MENT AGREUNIEN1 Page 6 of 77 12.3 Notice or Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the even( or condition of default in sufriciem detail to enable a reasonable person to determine the action necessary to cure the defauh. The defoulting, Party shall have fifteen (15) days From delivery or itic notice during which to cure the default. provided, however, that as to n failure to close, Elie cure period shall only be three (3) Business Days from the delivery ornotice. Both parties agree (hat if an extension is requested. such extension shall not be unreasonably withlield. Ifthe default has not been cured within the aforesaid period, ilic non-defaulting Party may exercise the remedies described in this Section 12. 12A Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail,return receipt requested,or personal delivery to the following addresses: If to Seller: Boynton Beach Community Redevelopment Agency Interim Executive Director.Michael Simon 710 N. F cderal 1-1 ighway Boynton Beach, Florida 33435 Willi it copy to; Tara Duliy, Esq. Lewis, Longman & Walker. P.A. .5I 5 North Flagler Drive Suite 1500 West Palm Beach, Florida 33401 If to Buyer: William Morris Ocean One Boynton, LLC 777 E. Atlantic Avenue, 4'100 Delray Beach, FL 33493 Mr. Davis Carnalier 1629 K Street N.W. Suite 1200 Washington, DC 20006 Mr. Michael Ross 9804 S. Militaryl-raii Suite El I Boynton Beach. FL 33136 PURCHASE AND DEVELOPNIFNrr AGREUrvill.NT Pag,c 7 o F 7 7 With a copy to: Gary S. Dunay, Esq, Dunay, Miskel and Backman. LLP 14 SE 4"' Street,#36 Boca Raton, FL 33432 14, BINDING OBLIQATION/ASSIGNMENT. The terms and conditions or this Agreement are hereby made binding on, and shall inure to the benefit of. the successors and permitted assigns of(lie Parties hereto. This Agreement may not be assigned, sold. or otherwise transferred to any other entity without prior, written permission by the CRA, which permission shall not be unreasonably Nvithheld. 15, RISK OF LOSS. In the event the condition ofthe Property, or any part thereof, is materially altered by an act or God or other natural force beyond the control of SELLER, PURCI-IASER may elect, as its sole option,to terminate this Agreement and tile parties shall have no further obligations tinder this agreement. or PURCHASER may accept the Property without ,any reduction in the value orthe Property. 16. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement, Each Party shall indemnify.defend and hold harmless the other Party firorn and against any and all claims, losses. damages,costs orexpenscs(including,without limitation,attorney's rees)ofany kind or character arising out of or resulting front any agreement,arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. I-lowcvcr, SELLER'S indemnification obligations shall not exceed tile statutory limits provided within Section 7f 8.25, Florida Statutes,and CRA does not otherwise waive its sovereign immunity rights.The provisions ol'this Section shall survive Closing or termination of this Agreement, 17. ENVIRONMENTAL CONDITIONS, To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws.ordinances.regUla(ions. licenses,permits and authorizations,including,without limitation,applicable zoning and environmental laws and regulations. In addition.SELLER has not received any notices of any violation of environmental condition or other notices of violation of municipal ordinances, M DEVELOPMENT AND SALE OF THE PROPERTY, SELLER and PURCHASER acknowledge that the Property is being sold to PURCHASER for tile sole purpose ot'developing a mixed-use project at the northeast corner of Boynton Beach Boulevard and Federal Highway. 18,1 Seiler Design Approval. The PURCHASER and SELLER acknowledge, that the SELLER has reviewed the Site Plan and finds the Site Plan acceptable and consistent with the CRA Redevelopment Plan, 18.2 Development Tinicline, The City has approved PURCHASER's Site Plan. PURCHASER agrees to diligently and continuously pursue approval of all other necessary approvals until the first building permit tins been issued for the Development Project. PURCHASE AND DEVELOPMENT AGRIA-MENT Page 8 of 77 PURCHASERagrecs to commence construction of the Development Project within two(2)years from the Effective Date of the Tax Increment Revenue Finance Agreement attached hereto as Exhibit "D," (hereinafter"Construction Commencement Period")Once tile First building permit is issued for the Development Project, PURCI-IASER agrees to diligently and continuously pursue cornpletion of construction ofthe Development Project.subject to force majeure and other matters beyond the reasonable control of PURCHASER, IrPURCHASER fails to commence construction within the timerrame set l'brth herein, PURCHASER shall be obligated to commence construction ol'a public plaza (the -Pla7a")on the Property containing benches, walkways and landscaping in accordance with Exhibit"E," attached hereto and made a part hereof by reference no later than twelve (12)months after the expiration of the Construction Commencement Period. 'File Special Warranty Deed shall include a restriction consistent with the requirements of this Section in a form substantially in accordance with Exhibit"C"attached hereto. 183 Survival, The provisions ofthis Section 18 shall survive the termination of this Agreement. 19� MISCELLANEOUS. 19.1 General. This Agreement and any amendment hereto, may be executed it any number of counterparts,cath orwhich shall be deemed to be an original and till ofwIlich shall, together. constitute one and Elie some instrument. The section and paragraph headings herein contained are ]or the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment or this Agreement shall be of any force or effi!ct unless in writing executed by Parties. This Agreement sets Forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between tile Parties. This Agreement shall be interpreted in accordance with the laws of tile State of Rod& The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in (lie Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to redcral jurisdiction only, in the United States District Court for the Southern District Court of Florida. 19.2 Computation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six(6)days,shall exclude Saturdays,Sundays and legal holidays in the computation thereof. Any time period provided fior in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 pm. on the next Ilull Business Day. Time is of Elie essence in the performance or all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date ill the calculation thereof, For purposes of this Agreement. Business Days shall mean Monday through Friday but shall exclude state and federal holidays. 19.3 Waiver. Neither(lie failure ora party to insist upon strict performance of any of Elie terms. provisions. covenants,agreements and conditions licreof. nor the acceptance of any item by a party with knowledge or a breach or this Agreement by the other party in the performance of their respective obligations hereunder, sliall be deemed a waiver of any riollts or PURCHASE AND DEVELOPMENT AGREEMENT Pap9ol-77 Z� remedies (lint a party may have or a waiver of any Subsequent breach or default in tiny Of such terms, provisions, covenants,agreements or conditions. This paragraph shall survive termination ofthis Agreement and the Closing. 19.4 Construction of Agreement. ']'he Parties to this Agreement, through counsel, have participated freely in[lie negotiation and preparation hereof.Neither this Agreement nor any amendment hereto shall be more strictly construed against any ol'the Parties. AS used in this Agreement or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the Plural shall include the singular. as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not nierge into the Dee& 19.5 Severability, If any part ol'this Agreement shall be declared unlawful or invalid,the remainder of the Agreement will continue to be binding upon the pailies so long as the rights and obligations of the Parties contained in this Agreement are not materially prejudiced and the intentions orthe Parties can continue to be achieved. To that end. this Agreement is declared severible.. The provisions of this Section shall apply to any amendment ol'this Agreement. 19.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initiated by CRA and SELLER shall control all printed provisions in conflict therewith. 19.7 Waiver of Jury Trial, As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoeverarising Z7 out of or in any way connected with this Agreement. 19.8 Attornevs Fees and Costs. Should it be necessary to being an action to enforce any of the provisions or this Agreement, reasonable attorneys' rees and costs, including those at the appellate level,shall be awarded to[lie prevailing party. 19.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behall'of the CRA and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party ror whom or on whose behalf lie or she is signing with respect to all provisions contained in this Agreement. 19.10 Recording. This Agreement may be recorded in the Public Records of Palm Beach County. Florida. 19.12 SELLER Attorneys' Fees orad Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys* secs and all costs, if any, incurred by SELLER in connection Nvith the transaction contemplated by this Agreement. 19.13 Public Records, SELLER—is public agency subject to Chapter 119, Florida Statutes.The PURCHASER shall comply with Florida's Public Records Law.Specifically, the PURCHASER shall: 4k;N 4 PURCHASE AND DEVELOPMCNT AGREGMENT Page 10 of 77 a. Keep and rn a intain public records that ordinarily and necessarily would be required by the SF-LLER in order to perform the service-, b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided in chapter 119. Fla. Stat.,or as otherwise provided by la8%; c. Ensure that public records that are exempt or that are confidential and exempt firom public record requirements are not disclosed except as authorized by law;and cl. Meet all requirements for retaining public records and transfer to[lie SELLER,at no cost,all public records in possession or the PURCHASER upon termination of the contract and destroy any duplicate public records that arc exempt or confidential and exempt, All records stored electronically Must be provided to the SELLER in a rormal that is compatible with the inrormation technology systems of(lie SE.I.I.r.R. IF PURCHASER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PURCHASER'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, FL 33435; or BovntonBcachCRMbbbfl,us. 19,14 Right oft'irst Rerusal. a. Prior to a"Termination Event"(as del tried below)Purchaser hereby grants to Seller a right or first itfusaI to purchase the Property pursuant to the terms and conditions set lbrth in this Section 19.14("Right of First Refusal")„ (i) If Purchaser receives an orfer to purchase the Property as part of a separate and isolated transaction and not as part of an offer to purchase the Property in conjunction with any other parcel owned by Purchaser or an affiliate of Purchaser, pursuant to a written contract or letter or intent, Purchaser shall give Seller notice ol'the offler by delivering a copy of the contract or letter of intent to Seller("Notice"). (ii) Upon receipt of Notice,Sellci-slial)place the Notice on the next regularly scheduled CRA Board meeting. Within rive (5) days of the CRA Board meeting where the Notice is considered. Seller shall either waive or exercise its right of first refusal. If Seller elects to exercise its right of'first refusal.Seller shalL within ten(1 0)days alter receipt or the Notice, deliver to Purchaser an agreement to purchase the Property for ten(10)dollars and an amount equal to the cost of any improvements made to tile Property by Purchaser and upon receipt by the Purchaser of the #,, ,§, PURCHASE AND DEVELOPMENT AGRIELMENT Page I I of 77 roregoing from the Seller. Purchaser and Seller shall enter into a purchase and Sale Agreement. (iii) If Seller rails to exercise or waive its right of rirst refusal in accordance with the terms and conditions stated herein, within ten(10)days after receipt orthe Notice, (lien Seller's right of first rcrusal shall be deemed to have been waived. b. This Right or First lZerusal shall tcrminn(c upon the issuance of a certificate of occupancy, certificate of completion or other equivalent certification fior the Development project issued by (lie applicable governmental authority for improvements made to the Property (a "Termination Event"). Upon a Termination Event, this Right of First Refusal shall terminate and have no further force or effect. c. This Right of First Refusal shall only apply to an offer to purchase the Properly as a separate and isolated transaction and shall not apply to any offer received by Purchaser to purchase the Property in conjunction with any other Property owned by Purchaser or an affiliate of' Purchaser. d. Additionally.this Right of First Refusal shall not apply to: (i) a sale or transfer by nny bank. life insurance company, federal or state savings and loan association or real estate investment trust which acquires title to tile Property as a result of'owning,a mortgage upon the Properly or a portion of the Property and whether title is acquired by deed From the mortgagor or its successors in title or through foreclosure proceedings; (ii) a sale by any such institution which so acquires title; (iii) a sale or transfer of interests in the Property or to Purchaser to a partnership,joint venture or other business arrangement over which Purchaser shall retain management control or shall be a partner. member or joint venturer or other substantial interest holder; or (iv) any transfer or title to the Property or portion thereof at a duly advertised public sale with open bidding which is provided by law,such as but not limited to execute sale, foreclosure sale,j Lid ic ia I sale or(ax sale. e. The provisions of this Section 19.14 shall survive closing and delivery ofthe deed of conveyance of the Property and notice of Seller's rights hercundershall be recorded in the public records of'Palm Beach County, Florida pursuant to a Memorandum of Right of First Refusal.The Mernorandurn and[lie rights under(his paragraph shall terminate automatically and without Further action upon a Termination Event. PURCHASE AND DE"VELt1PMEN f AGM EMUNI Pao-c 12 of 77 IN WITNESS WHEREOF, the Parties have CXCCLIted this Agreement as of the Effective date. BUYER SELLER OCEAN ONE BOYNTON, LLC BOY NTON B EACI I COM M UN ITY RLDEV7E-L 'M - T AG- CY Y_' By: Print Numc: wt pa- Print Narne-, Steven B.Grant Title: 411�4_- Title: Chair Date: it Date: Witnesses: Witnesses: is e to m n rtegmsunicicncy: C PURCHASE AND DEVELOIWENT AGREEMENT Page 13 of 77 LEGAL DESCRIP'rION LOTS 1 AND 2, EXCEPT THE EAST 25-00 FEET THEREOF AND EXCEPT THE WEST 25.00 FEET THEREOF,AS SHOWN UPON THE PLAT ENTITLED"AGREEMENT PLAT ,SHOWING PROPERTY IN THE NORTHWEST QUARTER(N.W. 114)OF THE NORTHWEST QUARTER (N.W. 1/4)OF SECTION 27, TOWNSHIP 45 SOUTH,RANGE 43 EAST, IN THE TOWN OF BOYNTON BEACH, FLORIDA,WHICH PLAT IS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY,FLORIDA, IN PLAT BOOK 10,PAGE 2;LESS RIGHT OF WAY CONVEYED TO THE STATE OF FLORIDA,AS MORE PARTICULARLY DESCRIBED IN OFFICIAL RECORD BOOK 564, PAGE 160,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY,FLORIDA, SUBJECT TO RESTRICTIONS,RESERVATIONS,EASEMENTS AND COVENANTS OF RECORD,IF ANY, TO THE EXTENT THAT SAME ARE VALID AND ENFORCEABLE, DESCRIPTION:(TAKEN FROM SPECIAL WARRANTY DEED DATED OCTOBER 3, 1964 IN OFFICIAL RECORD BOOK 564, PAGE 180) LOTS I AND 2,AGREEMENT PLAT,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10 AT PAGE 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:BEING ALSO DESCRIBED AS LOTS I AND 2,FUNK BROS.ADDITION PER PLAT BOOK 2,PAGE 13;WHICH LIES WITHIN 50.00 FEET EASTERLY OF THE WEST LINE OF SECTION 27,TOWNSHIP 45 SOUTH,RANGE 43 EAST; AND THAT PART OF THE AFOREMENTIONED LOT 1 OF AGREEMENT PLAT,WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 12 FOOT RADIUS ARE TANGENT TO THE NORTH LINE OF SAID LOT (BEING 15,00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 27),AND TANGENT TO A LINE 50.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SECTION 27. SUBJECT TO THE EXISTING RIGHT-OF-WAY FOR STATE ROAD 5;SAID PARTS CONTAINING 0.062 OF AN ACRE,MORE OR LESS. AND LESS AND EXCEPT ADDITIONAL ROAD RIGHT OF WAY FOR N.E.2ND AVENUE,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1,AGREEMENT PLAT,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 10,PAGE 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:THENCE RUN SOUTH 89 DEGREES 45'09'EAST ALONG THE NORTH LINE OF SAID LOT 1,A DISTANCE OF 37,28 FEET TO A POINT ON THE SOUTH RIGHT OF WAY UNE OF N.E. 2ND AVENUE AS NOW LAID OUT AND THE POINT OF BEGINNING;THENCE CONTINUE SOUTH 89 DEGREES 45'09- EAST ALONG SAID SOUTH RIGHT OF WAY LINE AND ALONG THE NORTH LINE OF PURCI IASE AND DEVELOPMENTAGRFEMENT Page 14 of 77 LOT 1,A DISTANCE OF 254.12 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF N.E.6TH COURT AS NOW LAID OUT;THENCE RUN SOUTH 01 DEGREES 23'W EAST,ALONG SAID WEST RIGHT OF WAY LINE,A DISTANCE OF 54.89 FEET TO A POINT OF CURVATURE,CONCAVE TO THE NORTHWEST SAID CURVE HAVING A RADIAL BEARING OF SOUTH 88 DEGREES 36, 94°WEST; THENCE RUN ALONG THE ARC OF SAID CURVE TO THE LEFT A DISTANCE OF 40.02 FEET TO THE POINT OF TANGENT, SAID CURVE HAVING A RADIUS OF 25-00 FEET,A CENTRAL ANGLE OF 91 DEGREES 42'50',A CHORD BEARING OF NORTH 47 DEGREES 15'21"WEST AND A CHORD DISTANCE OF 35.88 FEET:THENCE RUN SOUTH 66 DEGREES 53' 14'WEST,A DISTANCE OF 41,94 FEET TO A POINT;THENCE RUN NORTH 76 DEGREES 26'58'WEST,A DISTANCE OF 50,34 FEET; THENCE RUN NORTH 89 DEGREES 45'09' WEST, A DISTANCE OF 129.70 FEET TO A POINT OF CURVATURE CONCAVE TO THE SOUTHWEST THENCE RUN ALONG THE ARC OF SAID CURVE TO THE LEFT A DISTANCE OF 31.87 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STATE ROAD NO.5(FEDERAL HIGHWAY)AS NOW LAID OUT;SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 91 DEGREES 17'55',A CHORD BEARING OF SOUTH 44 DEGREES 35-53'WEST AND A CHORD DISTANCE OF 28.60 FEET,THENCE RUN NORTH 01 DEGREES 03'04'WEST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 29.69 FEET TO A POINT OF CURVATURE TO THE NORTHEAST;THENCE RUN ALONG THE ARC OF SAID CURVE TO THE RIGHT A DISTANCE OF 19.12 FEET TO THE POINT OF BEGINNING, SAID CURVE HAVING A RADIUS OF 12.00 FEET,A CENTRAL ANGLE OF 91 DEGREES 17-55',A CHORD BEARING OF NORTH 44 DEGREES 36 54- EAST AND A CHORD DISTANCE OF 17,16 FEET, PURCHASE AND DEVELOPMENT AGRE�EMENT Page 15 Df 77 SCI I I B 11'*,B*' DEVELOPMENTPROJECTSITS, PLAN P(JRCJ JASE AND DEVELOPNILN- TAGREENIENT Page 16 of 77 4W-4 US JVGHWAY 16 t tip k I oil _71 Q +— i r iTi .11 .,.;1 lot NAN "Rikii 6&w- PIP Ocean One COHEN -FREEDMAN-EN SA ASSOC U R FEMUL HOWAY.BOYNTM WEACK FL Architmis, PA *w xw.a"s� u&mw Lautrmew %" sa rw PURCI IASL AND DEVELOPMEN FAGREEMENT Page 17 of 71 EXIIIBII"'C'* SPECIAL WARRANTY DEED PURCHASE AND DEVELOPMENI'AGREEMENT Page 18 of 77 RECORD& RETURN TO; Gary S. Dunay, Esq. DLmay, Miskel and Backman. LLP 14 SEW`Street,#36 Boca Raton, FL 33432 Property Control No. SPECIAL WARRANTY DEED This Indenture, made this day of Between Boynton Beach Community Development Agency, a public agency created pursuant to Chapter 163.Part fit ofthe Florida Statutes.having,a mailing address of 710 N.Federal Highway. Boynton Beach. FL 33432, Grantor and a , having a mailing address of 1629 K Street. NW Suite 1200. Washington, DC 20006 .Grantee, WI'f`Nl';SSETl 1, that the Grantor for and in consideration of the surn oCTEN DOLLARS 10,00)and other good and valuable consideration to Grantor in]land paid by Grantee,the receipt whereof is hereby acknowledged. has granted, bargained and sold to the said Grantee and Grantee's heirs, successors and assigns forever, tile Following described land, situate, lying and being in the County of Patin Beach, State or Florida(tile-Property"),to wit: SISI~ EX1IIBIT'*A"ATfACIIE'D HERETO The Property conveyed herein is subject to the following0 restriction: The Property set forth on Exhibit"A"sli all be included with the adjacent property already owned by Grantee as referenced on Exhibit-B"and together are hereinafter collectively referred to as the "Project." Grantee has received approval from the City of Boynton Beach for the site plan. attached hereto as Exhibit '°C," (hereinafter (lie "Project") and shall diligently and continuously undertake commercially reasonable efforts to obtain all necessary approvals for the Project from the City of Boynton Beach. Florida. Grantee shall commence construction for the development or tile Prcjcct 'within twenty-Four (24) months from the Effective Date of`the Tax Increment Revenue Funding Agreement attached hereto as Exhibit -D." (the "Construction ? Commencement Period"). For purposes of this Special Warranty Deed. the term "commence construction"'shall mean obtaining an official permit in hand for any of the construction activities contained herein and beginning to actually demolish.excavate or prepare tile site for development of the applicable phase of the Project in accordance with the City Code and continuing until completion of construction of tile Project or Phase ol'the Project as applicable in accordance with the Florida Building Code. PURCHASE AND DI"I'VFLOPNIFNI AGREOVILN"I' Page 19 of 77 In the event Grantee flails to commence construction for the development of[lie Project as provided for above, Grantee shall be obligated to commence construction of public plaza (the "Plaza") on the Property containing benches, walkways, landscaping, irrigation and lighting in accordance with the provisions of Exhibit "E. Notwithstanding the foregoing, ifal any time therenfiter, Grantee commences construction or the Project in accordance with the site plan approved by (lie City of Boynton Beach.. Grantee may abandon construction of. or demolish the construction of the Plaza in order to construct the Project. Once the Project has been substantially completed. this restriction shall terminate and be of no further force or effect. TOGETI IEE with all tenements.hereditaments and appurtenances thereto belonging or in anywise appertaining. TO I JAVE AND TO HOLD the same in fee simple rorever. AND the Grantor hereby covenants Nvilb said Grantee that Grantor is lawliully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land;that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims oral) persons claiming by,through or under Grantor. IN WITNESS WHEREOF,the Grantor has hereunto set his hand and seal the day Lind year I irst above written. Signcd, scaled and delivered in the presence of', Boynton Beach Community Development Agency By: Witness#1 Signature Name: Title: Witness 41 Printed Name Witness#2 Signature Witness#2 Printed Name PURCI IASE AND DEVELMMEN YAGRUMENT Page 20 of 77 STATE OF FLORIDA COUNTY OF PALM BI ACI I The roregoing instrument was acknowledged before me this day of by as of Hoynlon Beach Community Development -Agency' who is personally known to me or who produced a driver's license as identification, Notary Public PURCHASE AND DEVULOPINIENT AGREEMENT Page 21 of 7r SPECIAL WARRANTY DEED EXHIBIT"A" LEGAL DESCRIPTION OF PROPERTY LOTS 1 AND 2, EXCEPT THE EAST 25.00 FEET THEREOF AND EXCEPT THE WEST 25.00 FEET THEREOF,AS SHOWN UPON THE FLAT ENTITLED"AGREEMENT PLAT',SHOWING PROPERTY IN THE NORTHWEST QUARTER (N.W. 114) OF THE NORTHWEST QUARTER (N.W. 114) OF SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST, IN THE TOWN OF BOYNTON BEACH, FLORIDA,WHICH PLAT IS RECORDED IN THE OFFICE OF THE CLERIC OF THE CIRCUIT COURT IN RNLI FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 10,PAGE 2; LESS RIGHT OF WAY CONVEYED TO THE STATE OF FLORIDA,AS MORE PARTICULARLY DESCRIBED IN OFFICIAL RECORD BOOK 564, PAGE 180, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA„ SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SUBJECT TO RESTRICTIONS,RESERVATIONS, EASEMENTS AND COVENANTS OF RECORD, IF ANY, TO THE EXTENT THAT SAME ARE VALID,AND ENFORCEABLE. DESCRIPTION: (TAKEN FROM SPECIAL WARRANTY DEED DATED OCTOBER 3, 1960 IN OFFICIAL RECORD BOOK 564, PAGE 180) LOTS 1 AND 2, AGREEMENT PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN FLAT BOOK 10 AT PAGE 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BEING ALSO DESCRIBED AS LOTS 1 AND 2, FUNK.BROS.ADDITION PER PLAT BOOK 2, PAGE 13;WHICH LIES WITHIN 59.90 FEET EASTERLY OF THE WEST LINE OF SECTION 27,TOWNSHIP 45 SOUTH RANGE 43 EAST; AND THAT PART OF THE AFOREMENTIONED LOT 1 OF AGREEMENT PLAT,WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 12 FOOT RADIUS ARE TANGENT TO THE NORTH LINE OF SAID LOT (BEING 15.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 7), AND TANGENT TO A LINE 50.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SECTION 27. SUBJECT TO THE EXISTING RIGHT-OF-WAY FOR STATE ROAD 5; SAID PARTS CONTAINING 0.062 OF AN ACRE, MORE OR LESS. AND LESS AND EXCEPT ADDITIONAL ROAD RIGHT OF WAY FOR N.E. 2ND AVENUE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1,AGREEMENT PLAT,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 10,PAGE 2 OF THE PUBLIC RECORDS OF PALMI BEACH COUNTY, FLORIDA:THENCE RUN SOUTH 89 DEGREES 45'09"EASTLONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 37.28 FEET TO A POINT ON THE SOUTH RIGHT PURCHASE:AND DEVELOPMENT OPMENT AGR[:EA ENT Tugs 22 of 77 OF WAY LINE OF N.E. 2ND AVENUE AS NOW LAID OUT AND TIME POINT OF BEGINNING; THENCE CONTINUE SOUTH 69 DEGREES 45' 09" EAST ALONG SAID SOUTH RIGHT OF WAY LINE AND ALONG THE NORTH LIFE OF LOT 11 A DISTANCE OF 254.12 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF N.E.6TH COURT AS NOW LAID OUT,THENCE RUN SOUTH 01 DEGREES 23' 55" EAST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF K89 FEET TO A POINT OF CURVATURE, CONCAVE TO THE NORTHWEST SAID CURVE HAVING A RADIAL BEARING OF SOUTH 88 DEGREES 36' 04`WEST, THENCE RUNT ALONG THE ARC OF SAID CURVE TO THE LEFT A DISTANCE OF 40.02 FEET TO THE POINT OF TANGENT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 91 DEGREES 42' 50", A CHORD BEARING OF NORTH 47 DEGREES 15' 21" WEST AND A CHORD DISTANCE OF 35.88 FEET; THENCE RUN SOUTH 86 DEGREES 53' 14' WEST, A DISTANCE OF 41.94 FEET TO POINT,THENCE RUN NORTH 76 DEGREES 26'58'WEST,A DISTANCE OF 50,34 FEET;THENCE RUN {NORTH 89 DEGREES 45' 09" WEST, A DISTANCE OF 129.79 FEET TO A POINT OF CURVATURE CONCAVE TO THE SOUTHWEST;THENCE RUIN ALONG THE ARC OF SAID CURVE TO THE LEFT A DISTANCE OF 31.87 FEET TO A POINT ON THE EAST DIGHT OF WAY LIME OF STATE ROAD NO. 5 (FEDERAL HIGHWAY)AS NOW LAID OUT;SAID CURVE HAVING A RADIUS OF 29.60 FEET, A CENTRAL ANGLE OF 91 DEGREES 17' 55%A CHORD BEARING OF SOUTH 44 DEGREES 35' 53" WEST AND A CHORD DISTANCE OF 28.60 FEET; THENCE RUN NORTH 61 DEGREES 03'04"WEST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 29.69 FEET TO A POINT OF CURVATURE TO THE NORTHEAST, THENCE RUN ALONG THE ARC OF SAID CURVE TO THE RIGHT A DISTANCE OF 19.12 FEET TO THE POINT OF BEGINNING,SAID CURVE HAVING A RADIUS OF 12.00 DEET, A CENTRAL ANGLE OF 91 DEGREES 17' 55", A CHORD BEARING OF NORTH 44 DEGREES 35' 54" EAST AND A CHORD DISTANCE OF 17.16 FEET. o'+X. rA i PURCH j1S17 AND DIWFLOPMENT AGREEMENT Pap 23 of 77 SPECIAL WARRANTY DEED EXHIBIT"B" GRANTEE'S EXISTING PROPERTY Lot 4 1.DEWEY*S SUBDIVISION,according to the Plat thereof.as recorded in Plat Book 1, at Plage 37, of'the Public Records of Palm Beach County. Florida, less and except tile East 25 feet and less and except that part lying within 50 feet of the West line of Section 27,Township 45 South,Range 43 East, Palm Beach County,Florida,and Further less and except that part lying within 45 feet of the center line of'State Road 804 and also lurther less and except that part included in the external area of a 10 foot radius arc which is tangent to a line parallel to and 25 reel West of the East line or Lot 41 and to a fine parallel to and 45 lett North ol'the center line of State Road 804; said lands situate. lying and being in Palm Beach County, Florida. Lots 3 through G. inclusive, FUNK BROTHERS ADDITION. according to [lie Plat thereof, as recorded in Plat Book 2. at Page 13. of the Public Records of'Palm Beach County, Florida, less and except the East 25 reel and the West 50 1'ect thereof, for Road Rights of Way; said lands situate, lying and being in Palm Beach County, Florida. ill accordance with Agreement Plat(Plat Book 10, Page 2), PURCHASE AND DEVELOPMENTAGREEMLN1 Page 24 of 77 SPECIAL WARRANTY DEED EXHIBIT"Cj$ PROJECT SITE PLAN PURCI 1ASE AND DEVELOPMENT ACR[:liMEN f Page 25 or77 us W"Ay 1b I F Ylt p Mij I x I � off of t OF R'G 9"IA 377 I I 1 > COHEN-FREEDMAN•ENCINOSA & ASSOC I Ocean fine na 1t HOMAY. FL Arcb!W4 PA x Uft wm uuali cat PURCHASE AND DLVELOPMENT AGREEMENT Page 26 of 77 SPECIAL WARRANTY DEED EXHIBIT"D" TAX INCREMENT REVENUE FINANCE AGREEMENT PURCHASE AND DEVELOPMENTAGREMENT Page 27 of 77 TAX INCREMENT REVENUE FUNDING AGREEMENT This Tax Increment Revenue Funding Agreement (hereinafter*'Agreement") entered into as ofthe_day of .2 0 17, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part Ill of the Florida Statutes,(hereinafter referred to as -CRA"). with a business address of 7 10 North Federal Highway, Boynton Beach, Florida 33435, and OCEAN ONE BOYNTON, LLC, a Florida limited liability company, with a business address of c/o Washington Real Estate Partners, LLC, 9804 South Military Trail. Suite F-I I Boynton Beach, FI, 33436(hereinafter referred to as the"Developer"), RECITALS WHEREAS, Developer intends to construct the Project which will include a minimum of 231 multi-family units with related amenities and approximately 8,575 square feet of commercial space as depicted in the Site Plan attached hereto as Exhibit "A," (hereinafter referred to as the -Project"): and WHEREAS, the CRA has determined that the Project Furthers the Boynton Beach Community Redevelopment Plan-,and WHEREAS. Developer has the knowledge, ability, skill. and resources to ellectuate tile construction and development of the Project:and WHEREAS, the CRA has determined that a public-private partnership in which the CRA provides Tax Increment Revenue Funding for the Project will further the goals and objectives of the Community Redevelopment Plan; NOW THERIEFORE, in consideration of the mutual covenants and promises set lbrth herein,the sufficiency of which both Parties hereby ackno\vledge, the Panics Agree as rollows: Section 1. Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. Section 2. Definitions. As used in this Agreement, the following terms shall have the following meanings, which shall apply to words in both the singular and plural forms of such words: 2.1, "Base Year" mean the base year for determining Tax Increment Revenue from the Project, PURCHASE AND DEVELO—HINT AGREEMr-Wr Page 28 of 77 2.2 "Benchmarks" shall be (fie various percentage thresholds of occupancy of (fie 8,575 commercial/retail space for any year of the Phase I Term as set lbrill in Paragraph 5.1.6. 2.3 "Certificate of Occupancy" means tile certificate issued by the City pursuant to the City of Boynton Beach Building and Zoning Code indicating that a building or structure complies with all applicable City of Boynton Beach Building and Zoning Code requirements and that tile same may be used for(tic purposes stated therein. 2.4. "City" means the City of Boynton Beach, Florida. 2.5. "Commencement of Construction" or "Commence Construction" means obtaining an official permit in ]land for any of the construction activities contained herein and beginning to actually dernolisli. excavate or prepare the site for development of the applicable phase or (lie Project in accordance with tile City Code and continuing until completion of' construction of the [,'reject or Phase or the Project as applicable in accordance with the rJorida Building Code. 2.6 "Community Outreach Partner" means the for-profit or non-prafit group or organization selected by Developer with %vliom Developer shall coordinate on tile issues and obligations in this Agreement pertaining to employment of City residents and jobs for Locally Owned Small Businesses. 2.7 "Contractor" means a general contractor, a Subcontractor or any other business entering into a contract with the Developer related to the construction of the Project or part thereof`. 2.8 "Effective Date" shall mean the date the last party to this Agreement executes this Agreement. 2.9 "Cood Faith Effort" is considered to have been made when the respective parties have used reasonable means to comply with the associated directives and/or provisions set Forth in this Agreement. 2.10 "Grey Shell" means an unfinished interior. lacking heating, ventilating, air conditioning, lighting. plumbing, ceilings. elevators, interior walls, etc. and ready for tenant improvements. 2.11 "Locally Owned Small Businesses" means any business that is wholly owned by individuals Nvho reside in the City. If a business is owned by a corporation, then the corporation most be wholly owned by individuals who reside in the City. 11'(lie business is owned by a partnership or limited liability company,then at least 20%of its partners or members must reside in the City. 2.12 "Minimum Living Wage" means the hourly rate that an individual must earn to support h i 'as or tier Irn i ly if they are tile Sole provider and are working full time(2,080 hours per year) in accordance with Palm Beach County Code Chapter 2. Article IV. Division 3 (the Palm Beach County Living Wage Ordinance).as amended, PURCHASE AND DEVrLOPNIFNT AGREE MENET Page 29 of 77 2.13 "Notionally Recognized High Performance Green Building Rating System" rneans any one of the following: the Florida GrQcn Building Coalition (FGBC) Standards, tile Green Building Initiative's (GBI) Green Globe rating system, tile United States Green Building Council (USGBC) Leadcrship in Energy and Environmental Design (LEED) Standards, or the National Association of Homebuilders(NA 1,113)National Green Building Standards(NGBS), 2.14 "Pledged Project Increment Revenue" means an amount calculated by Multiplying Tax Increment Revenue rrom the applicable phase or the Project by Agreed upon percentage factor as provided for in this Agreement. 2.15 "Property" means the property subject to this Agreernent upon which the Project Z� shall be developed as more particularly described in Exhibit"B," hereto. 2.16 "Site Platt" shall mean the approved Site Plan attached hereto as Exhibit "A." approved by(lie City of Boynton Beach, file # NWSP 16-002, Section 3. Developer's Obligations-and Covenants. 3.1 Construction of the Project. Developer agrees to Commence Construction of the Project within two (2)years orthe Fifrective Date ofthis Agreement. 3.1.1 The Project shall conform to the Site Plan and shall include the following, which shall hereinafter be referred to as Thase I Irnprovements:": It. Developer shall construct a minimum of 231 multi-family residential units with related amenities. b, Developer shall construct a minimum of 8,575 square feet of commercial/retail space; C. Developer shall construct [larking Improvements,conceptually depicted on Exhibit"C,"hereto, consisting,at a minimum of Fifty(50)public parking spaces ("Public Parking") that shall be restricted for public use and that shall not be available to the Phase I residential units. The Parking Improvements may consist ofstructured parking, surface parking. valet parking, mechanical parking. shared parking or any other means as allowed under local city ordinance.Upon completion of the Public Parking. Developer and the CRA shall enter into a Parking Management Agreement to establish the maintenance responsibilities of the CRA for the Public Parking. If a Parking Management Agreement is not negotiated and executed by the Parties within one year of the completion of construction of the Public Parking. either party may request binding arbitration to complete the terms or the Agreement. d. Construction of the multi-fiarnily residential units for the Project shall be in compliance with,qualify for and receive Florida Green Building Certification. PURCHASF AND DEVELOPIMENT AGREEMENT Pale 30 of 77 C. Prior to and during[lie construction of the Project, the Developer shall a I-lire a job placement consultant during the construction period of this Agreement; 0 1-lost a job fair; 0 Give priority to Contractors that are Locally Owned Small Businesses to participate in the construction of Phase I of the Project: 0 Include in all contracts with Contractors requirements that the Contractors use Good Faith EHforts to hire and train City residents to participate in the construction of Phase I ofthe Project; a Provide a list of job positions and descriptions to the Community Outreach Partner and agree to give priority to qualified job applicants referred by the Community Outreach Partner to participate in(lie construction orl'base I of the Project; a Use Good Faith Efrorts to offer permanent job positions resulting frown Phase I ofthe Project to quaJiFied City residents: a Notiry and refer jab training rind job placement opportunities to the Boynton Beach Community High School and South Tech Academy in Boynton Beach in the event each are able and willing to provide such training;and 0 Pay or cause to be paid new hires in all permanent positions residing%Othin the City a minimum ofthe Living Wage. Section 4. Annual 11erformance Report, Developer shall annually provide the CRA with all Annual Performance Report rear the Project indicating the status ai'Developer's compliance with the requirements of this Agreement as set forth in Sections 3 and 5 of this Agreement and evidencing that Developer has paid all property taxes for the Property for the preceding year.Such report must be submitted to the CRA no later than the]as( day or April for the preceding year in a farm substantially in accordance with the torn attached hereto as Exhibit"D." Section i. Certification Requirements. 5.1 As a condition precedent to its receipt oCany P[edged Project Increment Revenue pursuant to[his Agreement: 5.1.1 Developer must have taken all steps necessary to divide the Property into two separate parcels such that the Phase I Property and the Phase 11 Property have been assigned individual Parcel Control Numbers by the Palm Beach County 11'ropeny Appraiser PURCHASE AND DEMLOPMENT AMLL-NU ' Page 31 or77 and these Parec] Control Numbers have been placed on the Palm Beach County tax rolls and assigned taxable Value prior to the Base Year for each Phase; and 5.1.2 Developer must have timely provided its Annual Performance Report providing evidence of compliance with the requirements of this Agreement as set forth below and evidencing that Developer has paid all property taxes for (lie preceding year; and S.1.3 Upon receipt of the Annual Perl'ormanec Report. 2. the CRA shall review and approve the Annual Performance Report at the next available CRA meeting as meeting the requirements in Section 4 above and certifying Developer's compliance with all conditions precedent for receiving Pledged Increment Revenue fetor that Phase 1, which approval shall not be unreasonably withheld - 5.1.4 The CRA [ins received Tax Increment Revenues from the completed Phase I Improvements subsequent to the Base Year;and 5.1.5 Developer shall not be entitled to any Pledged Project Increment Revenue payments i F the Developer fins flai led to meet its obligations under this Agreement or is otherwise in dcl'ault under the terms of this Agreement and has flailed to sufficiently cure the default as provided For herein after appropriate notice of such default has been given. 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 so long as,once a default is cured. Developershall continue to receive their Direct Incentive Fundin- for the Project up to the Pledged Project Increment Revenue and any time periods for performance hereunder shall be extended for the same period oftime needed to cure the default, 5.1.6 Should Developer fail to meet the Benchmarks set below regarding occupancy of 8,575 square feet or commercial/retai) space (the "Commercial/Retail Space") for any year of the Phase I Tenn,Developer's percentage of the Pledged Increment Revenue to be paid to Developer shall be reduced by 10%Ibr that year of Phase I Term. a. Developer Must certify that 25%of the Coin mercial/Retai I Space has been occupied by commercial/retail tenants by at least the third year orthe Phase I Term as defined herein. Once the 2S% threshold is obtained, whether it be in the First, second or third year, the threshold shall be deemed satisfied forever,even if in the future the actual amount occupied thereafter is less than?5%. Accordingly,as long as Developer did not default under any commercial lease and continues in good faith to re-market the property for lease, once the 25% threshold is achieved, Developer shall be entitled to the Pledged Increment Revenue for the year in which the 25% threshold is achieved and each year (hereafter during (lie Phase I Term unless a greater Benchmark is achieved. b. Developer must certify that 50%of the Commercial/Retail Spacc has been occupied by commerciallretaill tenants by at least the sixth year ol-the Phase I Term as defined herein. Once the 50% threshold is obtained, whether it be in any year PURCHASE AND DEVELOPMENTAGREEMENT Page 32 of 77 prior to the end of the sixth year or the Phasc I Term,Elie threshold shall be deemed satisfied forever,even if in the future the actual amount occupied thereafter is less Haan 50%,Accordingly.as long as Developerdid notdchiult underany commercial lease and continues in good faith to re-market the property for lease,once the 50% threshold is satisfied,Developer shall be entitled to[tic Pledged Increment Revenue for(lie year in which the 50%threshold is achieved and each year thereafter during the Phase I Term unless a greater Benchmark is achieved;and c. Developer must certify that 70%of the Commercial/Retail Space has been occupied by the commercial/retail tenants by at least the eighth year of the Phase I Term as defined herein. Once tile 70%threshold is obtained, whether it be in ally year prior to the end of the eighth year of thy: Phase I Term, the threshold shall be deemed satisfied forever,even ifin tile future Elie actual amount occupied thereafter is less than 70%, Accordingly, as long as Developer did not default under any commercial lease and continues in good faith to re-market the property for lease, once satisfied, Developer shall be entitled to the Pledged Increment Revenue for year in which the 70% threshold is achieved and each year thereafter during the Phase I Term. 5.2 Certification. 5.2,1 Dcvclol)ei-shall certify in its Annual Performance Report that it has met its obligation under Section 3.1.1 a. and 3.1.Lb. or this Agreement by providing a Certificate of Occupancy for all residential components of [lie Phase I Improvements and Certificate of Completion for all nonresidential components of the Phase I Improvements rrom the City of Boynton Beach indicating the 100 percent completion of all Phase I Improvements and demonstrating that the taxable value of all Phase I improvements have been placed on the Palm Beach County tax rolls for the Phase I Property. 5.2.2 Developer shall certify in its Annual Performance Report that it has rnet, its obligation under Section 3.).Lc or this Agreement by demonstrating, that it has constructed the Public Parking and by documenting signage and other means by which these Public Parking spaces are clearly reserved for use by the public and excluded from use by multifamily and commercial units that are part of the Project. 5.2.3 Developer shall confirm in its Annual Performance Report that it has met its obligation under Section 3.1.I.d of this Agreement by providing proof of receipt of rlorida Green Building Certification. 5.2.4 Developer shall certify in its Annual Performance Report that it has met its obligation tinder Section 3.1.l.c orthis Agreement by: a. Demonstrating that it hired and utilized the services of a Job placement consultant and by reporting the job placement consultant's activities during construction of Phase I of the Project: b, Demonstrating that it held as jub I'air; and PURCHASE AND DEVELOPNICNI AGRETAIENT Page 33 of 77 C. Requiring all Contractors covered by the terms ol'this Agreement to provide annual copies of its records.reports or any other information necessary to monitor compliance with the provisions of Section 3.1,1 e of this Agreement and require all Contractors to submit annual payrolls to tile Developer that include the following information pertaining to all Locally Owned Small Business hired to work on or for Phase I ofthe Project: name, address and the number of hours worked for the period.until a Certificate of Occupancy is issued for at least 90%of the residential units of Phase I of the Project. Section 6. Pledged Project Increment Revenue. 6.1 Formula and Term. 6.1.1 The amount of' the Pledged Project Increment Revenue to be paid Developer pursuant to this Agreement is based on the rol lowing formula: a. Developer shall receive Pledged Project Increment Revenue for Phase I Improvements for a term of eight (8) consecutive years. beginning (lie year Developer demonstrates it has met all conditions precedent to receiving Pledged Project Increment Revenue as provided in Sections 3, 4, and 5 of this Agreement for the Project and upon final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year (hereinafter the '*Phase I Term'"). The amount or Pledged Project Increment Revenue due to Developer during the Phase I Term sliall be determined pursuant to the following formula: For Years I — 7 of the Phase I Term, Developer shall receive Seventy-five percent(75%)of the Pledged Project Increment Revenues actually received by the CRA; and For Year 8 of the Please I Tenon,Developer shall receive Fi 11ty percent(50%) of the Pledged Project Increment Revenues actually received by the CRA. b, The Base Year for determining Tax Increment Revenue from the Project shall be as follows: For the Phase I Term,the year prior to commencement of construction of Phase I Improvements on the Property, 6.2 No Prior Pledge or Pledged Project Increment Revenues. 'ne 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 car the period covered by term of this Agreement. PURCUIASL AND DEVELOPNIENTAGREBIENT 11fige 34 of 77 6.3 Form of Payment. Payment of shall be in the form ora CRA check made payable to the Developer. No payment made tinder this Agreement shall be conclusive evidence or the performance of this Agreement by Developer, either wholly or in part. and no payment shall be construed to relieve Developer ofobligations tinder this Agreement or to be an acceptance of faulty or incomplete rendition oi'Developer's obligations under this Agreement. Section 7. Notice and Contact. Any notice or other document required or allowed to be given pursuant to this ALlrecincrit shall be in writing and shall be delivered personally, or by recognized overnight courier or sent by certified mail, postage prepaid, return receipt requested. The use orelectronic communication is not considered as providing proper Notice pursuant to this Agreement. If to CRA,such notice shall be addressed to: Michael Simon. Interim Executive Director Boynton Beach Community Redevelopment Agcncy 710 North Federal 1-1ighway, Boynton Beach, Florida 33435 With a copy to: Tara W. Duhy. Esq. Lewis, Longman& Walker, P.A. 515 North Flagler Drive Suite 1500 West Palm Beach. Florida 33401 1 r to Developer.such notice shall be addressed to- Mr. Michael Ross Ocean One Boynton, LLC c/o Gulfstream Property Management 9804 South Military Trial Suite L-I I Boynton Beach. FL 33436 Mr. William Morris Souilicoast Advisors, LLC 777 E. Atlantic Avenue Suite 100 Delray Beach. FL 33483 F. Davis Carnalier Washington Real Estate Partners 1629 K Street N.W, PURCHASE AND DEVELOPMENTAGREEMENT Page 35 of 77 Suite 1200 Washington, DC 20006 With a copy to: Bonnie Miskel, Esq. Gary S. Dunay, r-sq. Dunay, Miskel and Backman. 1,L1' 14 SE 4"'Street Suite 36 Boca Raton, FL 33432 Section 8. Default. The failure ol'Developer to comply with tile provisions set forth in this Agreement shall constitute a deCaull and breach orthis Agreement. If Developer fails to cure tile default within thirty(30) days of notice fro the CRA. the CRA may terminate this Agreement and all obligations for payment of Pledged Project Increment Revenue to Developer shall cease. Section 9. Termination. Unless earlier terminated pursuant to the terms herein, this Agreement shall automatically terminate upon the last disbursement of Pledged Project Increment Revenue to Developer for the Project,or within two(2)years of the Effective Date if tile Developer has failed to commence construction of the Phase I Improvements subject to farce majeure. Either Party may elect to terminate this Agreement by providing 45 days written notice to tile other Party upon one or more of(lie following occurrences: a. The default or either Party. if such del'ault is not cured within the time prescribed by this Agreement; b. "flie Parties enter into a mutually agreed upon,written Addendum,the effect of which is to terminate this Agreement. Section 10. Miscellaneous Provisions. 10.1 Waiver. Tile CRA shall not be responsible for any property damages or personal injury sustained by Developer from any cause whatsoever related to tile development of the Project, Nybether such damage or injury occurs before, during. or after the construction of the Project or the term of this Agreement, Developer hereby forever waives.discharges.and releases the R.A.Cits agents,and its employees. to the fullest extent the law allo%Vs, from any liability ror any damage or injury sustained by Developer. This waiver,discharge,and release specirically include negligence by the CRA, its agents, or its employees, to the fullest extent the law allows. 10.2 Indemnification. Developer 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[lie CRA,its agents.or its employees, by reason or 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 tile negligent or wrongful conduct or (lie faulty equipment (including equipment PURCHASE AND DEW3LOPMENT AGREEMENT Paea 36 of 77 installation and removal)orDeveloper. 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 Slat Utes. This paragraph sha I I not be construed to req u i re De ve toper to indemnify the CRA for its own negligence, or intentional acts of[lie CRA, its agents or employees, Each party assumes the risk of personal injury and property damage attributable to the acts or omissions or that party and its officers,employees and agents. 10.3 Assignment, This Agreement may only be assigned by tile Developer to record owners of"(lie Property with the prior written consent of the CRA, which consent shall not be unreasonably withheld. provided, however, that any assignee hereto shall specifically assume all of tile obligations of the Developer under this Agreement. 10.4 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. Nothing herein shall be construed as creating any personal liability on [lie part of any officer or agent of(lie CRA,nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and the Developer. 10.5 No Discrimination. Developer shall not discriminate against aily person on the basis ofrace, color. relit ion.ancestry, national origin,age, sex. marital status, sexual orientation or disability for any reason in its hiring or contracting practices,associated with this Agreement. 10.6 No Partnership,Etc. Developer agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership.joint venture, or ernployce relationship. It is specifically understood that Developer is an independent contractor and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of (his Agreement or the performance under this Agreement. 10.7 Public Records: The CRA is a public agency subject to Chapter 119, Florida Statutes. Developer shall comply with Florida's Public Records Law. Specifically,the Developer shall: a. Keep and maintain public records required by the CRA to perform the public services provided for in this Agreement; b. Upon request from the CRA's custodian of public records,provide(lie CRA with a copy of the requested records or allow tile records to be inspected or copied within as reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by la%v. C, Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of tile contract term and following completion of the contract if Developer does not transfer the records to the CRA. PURCHASE AND DfA'EL0PMENTAGRCi:h%Nrr Page 37 oF77 d, Upon completion of the contract. transfer.at no cost, to the CRA all public records in possession of Developer or keep and maintain public records required by the CRA to perform the service, if Developer transfers all public records to the public agency upon completion of the contract, Developer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Developer keeps and maintains public records upon compiction or the contract, Developer 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 orthe CRA, IF DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO DEVELOPER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway,Boynton Beach,Florida 33435; or Boynton Beach CRA(&bbfl.us. 10.8 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, 10.9 Counterparts and Transmission. To facilitate execution.this Agreement may be executed in as many counterparts as may be convenient or required,each orwhich 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 bejoined together and attached to one such original and it shall constitute one and tile 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 al I purposes hereunder. 10.10 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 or 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. 10.11 Governing Law, jurisdiction, and Venue. The terms and provisions or this Agreement shall be governed by,and construed and en rorced 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 shal I be Palm Beach County, Florida, for all purposes,to which tile Parties expressly agree and submit. 10.12 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, , $ AW-1 PURCI JASE AND DEVELOPMENT AGREEMENT Page 38 of 77 and each Party is advised to seek independent legal advice in connection with the matters rercrenced herein, 10.13 Severability. If any part of this Agreement is fiJund invalid or unenforceable by any court, such invalidity or unenforceability shall not affiect (lie other parts of the Agreement if the rights and obligations of the Parties contained herein are not materially prejudiced and if the intentions tat`the Parties can continue to be achieved. To that end. this Agreement is declared severable. 10.14 Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion, waive any requirement of Developer contained in this Agreement. 10.15 ComplianceivithLaws. In its performance tinder this Agreement,Developer shall comply with all applicable federal and state laws and regulations and all applicable Palm Beach County,City of Boynton Beach.and CRA ordinances and regulations. 10.16 Effective Date. This Agreement will become effective upon the date and time the last party executes this Agreement. 10.17 Sur-viva]. The provisions of this Agreement regarding public records, indemnity, and waiver shall survive (lie expiration or termination of this Agreement and remain in full Force and effect. PURCHASE AND DEVELOPMENT AGREEMCNT Page 39 of 77 IN WITNESS OF THE FOREGOING,the parties have set their lends and seals tile day and year I irst above written. WITNESSES OCEAN ONE BOYNTON, LLC a Florida limited liability company By:__ Print Name: PrintName: Title: Print Name: STATE OFFLORA DA SS; COUNTY 01" BEFORE ME. an officer duty authorized by law to administer oaths and take acknowledgments, personally appeared as of OCEAN ONE BOVNTON, LLC, and acknowledged tinder oath that he/she has executed tile foregoing Agreement as the proper official of OCEAN ONE BOYNTON, LLC, for tile use and purposes mentioned herein and that the instrument is the act and deed of OCEAN ONE BOYNTON,LLC. I le/she is personally known to me or has produced as identification, IN WITNESS OF TI IE FOREGOING, I have set my hand and official seal at in the State and County aforesaid oil this day of . 2017. My Commission Expires: Notary PLtbl ic, State or Florida at Large ]REMAINDER OF PACE INTENTIONALLY LEFT BLANK) IC RA SIGNATURE ON FOLLOWING PACE] WITNESSES BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PURCHASE AND DEVELOPMENFAGRCEMENT Page 40 oF77 By: Print Name: Steven Grant.CRA Board Chair Print Name: STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Steven Grant as Board Chair of 130YNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the roregoing 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. Fic/she is personally known to me or has produced as identification. IN WITNESS OFTI IE FOREGOING, I linve set my hand and official sea] at in the State and County aforesaid on this day of . 2017, My Commission Expires: Notary Public, State of lorida at Large PURCHASE AND DEVELOPIVIENTAGREEMENT Page 41 oF77 Exhibit "A" (Project) (see uttached) PURCHASE AND DEVELOPMENT AGREEMENT Page 42 of 77 WAM 00,04 US NWAY A T m W_ SIR A GO 64O Al-WW, ctp -- Ocean One COHEN-FREEDMAN-ENCINOSA A ASSOC, rA K FKXROL_=AY"UM"!!F4Z 11- Archlwt4 PA Maw I W_ Sim bm w"Wnei ukal t4uA,rkvwa 3MA m nd PURC14ASE AND DEV ELOPIVIENTAGREEM ENT Page 43 of 77 Exhibit "B" (Property) (see attached) PURCHASE AND DE VELOPNI ENTAGRELIvt ENT Page 44 of 77 it awn mr, fI#TC1nlI>Ina"oR .A sUIRVE I Yl N I G --M 1�AP,P".I"N 0 Tel:(%Ij 24 1-.9M Cargil;wt oiAiAJm)dzWsn NmLB1264 I=( 9241ZI U SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) OCEAN ONE - PHASE I LEGAL DESCRIPTION A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 45 SOUTI 1,..RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, INCLUDING PORTIONS OF LOTS I THROUGH 6, "FUNK BROS, ADDITION TO TI IE TOWN OF BOYNTON", AS RECORDED IN PLAT BOOK 2 AT PAGE 13 OF THE PUHLIC RECORDS OF PAI P. BEACH COUNTY, Ff.ORIDA, AND A PORTION OF LOT 41 "DEWEY'S SUBDIVISION". AS RECORDED IN PLAT BOOK I AT PAGE 37 OF SAID PUBLIC RECORDS, ALL IN ACCORDANCE WITH THE "AGREEMENT PLAT", AS RECORDED IN PLAT BOOK 10 AT PACE 2, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27; THENCE NORTul 89055,38' EAST, ALONG THE NORTH i INE OF SAID SECTION 27, A DISTANCE OF 66,08 FEET; THENCE SOUTH 00'04'22" EAST, A DISTANICE OF 22.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89,55'381, EAST, A DISTANCE OF 216.56 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE,HAVING A RADIUS Or 25.00 FEET AND A CENTRAL ANGLE OF 880 2052", A DISTANCE OF 38,55 FEET TO THE POINT Or TANGENCY; TI IENCE SOUTH 01,43'30" EAST, ALONG A LINE 15,00 FEET WEST or AND PARALLEt WITH THE EAST LINT: OF SAID LOTS 1 THROUGH 6 AND THE EAST UNE OF SAID LOT 41 A IDISTANCE OF 287.77 FEET, THENCE SOUTH 88",37'13" WEST, A DISTANCE '6F 268.22 FEET, THENCE NORTH 01'23'00" WEST, ALONG A LINE 60,00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 2/. A DISTANCE OF 292.55 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS or 25.00 rFFT AND, A CENTRAI. ANGLE OF 91'18-38", A DISTANCE Or 39,B4 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF 80YNTON BEACH,PALMI BEACH COUNTY,FLORIDA, AND CONTAIN 83,950 SQUARE FEET, MORE OR LESS, NOTES 1, REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND FHL ORIGINAL RAISED SEAL OF A FLORIDA LiCLNSEL, SURVEYOR AND MAPPER, 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION 3. BEARINGS SHOWN HEREON ARE DASED ON THE WEST LINE OF IHL NORTHWEST ONE- QUARTER OF SECTION 27,HAVING A BEARING OF NORTH 01'23'00" WEST,ACCORDING TO THE STATE PLANE COORDINATE SYSTEM,STATE OF FLORIDA,EAST ZONE,NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT CERTIFICATION IHEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH STANDARDS OF PRACTICE AS CONTAINED IN CHAPTER 61C17-6,FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION 472.027,FLORIDA STATUTES.AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO Tht BEST Of MY K14OVILEDGE AND BELIEF AS PREPARED UNDER MY DIRECRON. SURVEYOR AND MAPPER FLORIDA LICENSE NO,LS5111 Mme"... OcEm OK 08/26t2DR 24-No Jv TD SHCET 1 OF 2 PURCHASE AND DEVrL 0Pf'viNNT AGREEMENT Page 45 of 77 SKETCH AND LEGAL DESCRIPTION W 1 d'R ER (NOT A SURVEY) � SECTION 27;45-43 {NOT FUN1189°55'38"I: 86.D8' .._..,. p BOYNTON BEACH BOULEVAR P.Q.$. N LIME SECTION 27-45-43 r N89`55`38"E 216.56' r�yy��yy' yy�� rys� p� L•38.55° � - OOO 04'2 "e" Z..�,. :'`=.y.. _. D-88'20'52" ^p. LCAT 1 -�[� R-25.00' A/W A"6.-NMEN�T.� 60 L*39.$4' (OR13 9016,PG.975 — p D-914 18'38" LOT 2 I F FSR. I_ZEMtT _ 6 (ORB 19494,E G.1699)c: td LC37 3 AGREEM'EN'T PLAT" LOT 4 a ry (P.B. 10i PG,2) EPt "FUNIC 13T�17S. AL4C1STiDIV' LA O T 5 0 >0 LOT 6 rn S88°37"13i�W 268.22' i a" DEDIC.ATEO t E y IW W Q "AGREEMENT PLAT"" 4 s. i M 10,PG. 2) 100 LOT 41 '. "DEWEY`'S 5UBDIv 1511 1~1" (P.B. 1,P . 37) 1 w ABBREVIA fC� 18 L "CURGIN B DELTA BCEl9Ti3AL ilOLE) a sB. LICENSED BUSINESS L.S. LECUMD S11MYOR U.lI.i4. OFFICIAL IRECOgDS BOX P-0-0. POINT Of BEGINKI[G L --F.o C. P31NY OF COWTUCEWENT x P.B, PLAT BIIIlA I . LINE LOT 41 P.Ut C.R... . PALM BEAN COI#I3TY RECORDS_®".——.,.....— _ ..... . . ,....... PG. i PACE �._....�..... P.5-w- PBRO!'ESStDUALAacPPEn SUAVEYOR ULAN AtlENUE{ R Bf.TA�.,�-� Rfe RIuv-ot•wAY F@, Tk417' I 0-rntse3 14wi MEAN MEqrG IV#' A H '4CALEi __ "• _. .cac1a c i TP erA'ci 08P7SP20t7 7.OF 2... ;. 4 �ItHt v 1 PURCHASE AND D EVE LOPMENTAGRE EMENT Pagc 46,[77 Exhibit "C" (Public Parking) (see attached) � o ! f p y �$ c e - _ + Sigel ton, i 0 OIL 1 � u LL JOLtO ec! LN3-k':IUDV.1.NRU01WIC)(INV 3SVIIJ-d,l! PURCHASE AND DCVELOPMENT AGRi�laleIENT Page 48 of 77 EXHIBIT"D" ANNUAL PERFORMANCE REPORT FORM (shall be required annually) Time Period Date Prior to and during the construction of Phase I(if applicable): 1. Hired job placement consultant on 2, Hosted a job fair on 3. Noticed through the Community Outreach Partner,availability of employment opportunities related to construction of Phase I of the project on 4. Provided evidence of requirement In subcontractor's contracts to hire and train local residents 5. Provided list of job positions and descriptions to Community Outreach Partner 6. Receipt of written confirmation from the contractor and subcontractors of the requirement to use minimum living wage on Prior to and during the construction of Phase 11(if applicable): 1. Obtained approval for a 100-room hotel on 2. Provided written confirmation of approval of the 50 additional public parking spaces(identifying the public parking spaces)on Post construction Certification requirements Phase I certification(if applicable): 1. Provided Certificate of occupancy from the City of Boynton Beach or other governmental agency demonstrating Certificates of Occupancy for the Phase I's 231 multi-family units on PURCHASL AND DEVr;,].OPN-IENI'A(]Rr,[:-'Mr,.Nl' Page 49 of 77 2. Provided a Certificate of Completion for the Project's 8,575 square feet of commercial is completed as a Grey Shell on 3. Provided certificate of completion of the 50 Phase I public parking spaces on 4Provided written confirmation of compliance with a Nationally Recognized High Performance Green Building Rating System an P URCI I ASE A ND DEVELOPM ENT AGREEMENT Page 50 of 77 SPECIAL WARRANTY DEED EXHIBIT"E" PUBLIC PLAZA PURCHASE AND DEVELOPMENT AGREEMENT 'age 51 of 77 i �f 1f s 6 t t k PURCHASE AND 1XVELOPMENTAGREEMENT Pagc 52 of 77 EXHIBIT"'D" TAX INCREMENT REVENUE FINANCE AGREEMENT PURMASE AND DEVUOMMEWAGR[ ME I' Pap 53 of 77 TAX INCREMENT IREVENUE FUNDING AGREEMENT This Tax increment Revenue Funding Agreement(hereinafter"Agreement")entered into asofthe-day of 2017, by and between: BOYNTON BEACH COMMUNITY ]REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163. Part Ill of the Florida Statutes,(hereinafter referred to as "CRA"),with a business address of 710 North Federal I I ighwiy, Boynton Beach, Florida 33435, and OCEAN ONE BOYNTON, LLC, a Florida limited liability company, with a business address of c/o Washington Real Estate Partners, LLC, 9804 South Military Trail, Suite E-1 1. Boynton Beach, Fl.- 33436(hereinafter referred to as the"Developer"). RECITALS WHEREAS, Developer intends to construct the Project which will include a minimum or 231 multi-lamily units with related amenities and approximately 8,575 square feet orcommercial space as depicted in the Site Plan attached hereto as Exhibit "A," (hereinafter referred to as the "Project");and WHEREAS, the CRA has determined that the Project furthers the Boynton Beach Community Redevelopment Plan;and WHEREAS, Developer has the knowledge, ability, skill, and resources to efibctuatc the construction and development orthe Project:and WHEREAS, the CRA has determined that a public-private partnership in which the CRA provides Tax Increment Revenue Funding for the Project will further the goals and objectives of the Community Redevelopment flan;: NO THEREFORE, in consideration of tile mutual covenants and promises set forth herein, (fie sufficiency of which both Parties hereby acknowledge.the Parties Agree as follows; Section 1, Incorpgration. The recitals above and all other information above are hereby incorporated herein as if fully set forth. Section 2. Definitions.. As used in this Agreement, the following; terms shall have the following meanings, which shall apply to words in both the singular and plural forms of such words: 2.1. "Base Year" mean the base year for determining Tax Increment Revenue from tile Project. PURCHASE AND DEVELOPMENT AGREEMENT Pa-C 54 of 77 2.2 "Benchmarks" shall be the various percentage thresholds of occupancy or tile 8,575 commercial/retail space for any year of the Phase I Term as set forth in Paragraph 5..1.6, 2.3 "Certificate of Occupancy" means the certifcate issued by tile City pursuant to the City of Boynton Beach Building and Zoning Code indicating that a building or structure complies with all applicable City of Boynton Beach Building and Zoning Code requirements and that the same may be used for the purposes stated [herein, 2.4. "City" means tile City of'Boynton Beach, Florida. 2.5. "Commencement of Construction" or "Commence Construction" means obtaining an official permit in hand for any of'the construction activities contained herein and beginning to actually demolish, excavate or prepare the site for development of the applicable phase of the Project in accordance with the City Code and continuing until completion of construction of the Project or Phase of the Project as applicable in accordnnee with tile Florida Building Code. 2.6 "Cocumunity Outreach Partner" means (lie for-profit or non-profit group or organization selected by Developer with whom Developer shall coordinate on tile issues and obligations in this Agreement pertaining to employment or City residents and jobs for Locally Owned Small Businesses. 2.7 "Contractor" means a general contractor, a subcontractor or any other business entering into a contract with the Developer related to the construction orthe Project or part thereof. 2.8 E ffective Da te"shall rrican the date the last party to this Agreement executes this Agreement. 2.9 "Good Faith Effort" is considered to have been made when the respective parties lave used reasonable rricans to comply with tile associated directives and/or provisions set forth in this Agreement. 2.10 "Grey Shell" means an unfinished interior, lacking heating, ventilating, air conditioning, lighting, plumbing, ceilings. elevators, interior walls, etc. and ready for tenant improvements, 2.11 "Locally Owned Small Businesses" means any business that is wholly owned by individuals who reside in the City. If a business is owned by a corporation, then tile corporation must be wholly owned by individuals who reside in the City, If the business is owned by a partnership or limited liability company,then at least 20%of its partners or members must reside in the City. 2.12 "Minimum Living Wage" means the hourly rate that an individual must earn to support his or her family if they are the sole provider and are working full time (2,080 hours per year) in accordance with Palm Beach County Code Chapter '—). Article IV. Division 3 (tile Palm Beach County Living Wage Ordinance),as amended. PUM[ASE AND DE VELOPIMENT AGREEMENT Pav 55 of 77 2.13 "Notionally Recognized High Performance Green Building Rating System" means any one of the following. the Florida Green Building Coalition (FGBC) Standards, the Green Building Initiative's (GBI) Green Globe rating system, the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) Standards, or the National Association ofHomebUilders(NAHB)National Green Building Standards(NOBS). 2.14 "Pledged Project Increment Revenue" means an amount calculated by multiplying Tax Increment Revenue from the applicable phase of the Project by agreed upon percentage factor as provided for in this Agreement. 2.15 "Property" means the property subject to this Agreement upon which the Project shall be developed as more particularly described in Exhibit"B," hereto. 2.16 "Site Plant' shall mean the approved Site Plan attached hereto as Exhibit "A," approved by the City or Boynton Beach. file#NWSP 16-002, Section 3. Developer's ObligationsandCovenants, 3.1 Construction of the Project, Developer agrees to Commence Construction of the Project within two(2)years ol'the Effective Date of this Agreement. 3.1.1 The Project shall conform to the Site Plan and shall include the following, which shall hereinafter be referred to as"Phase I Improvements:": r: Developer shall construct a minimum of 231 multi-family residential units with related amenities. 9. Developer shall construct a minimum of 8,575 square feet of commercial/retail space: h. Developer shall construct Parking Improvements,conceptually depicted on Exhibit,"C,"hereto,consisting,at a minimum of Fifty(50)public parking spaces ("Public Parking") that shall be restricted for public use and that shall not be available to the Phase I residential units. The Parking Improvements may consist of structured parking, surface parking, valet parking, mechanical parking. shared parking or any other means as allowed under local city ordinance, Upon completion of the Public Parking, Developer and the CRA shall enter into a Parking Management Agreement to estabi ish the maintenance responsibilities of the CR A for the Public Parking. If Parking Management Agreement is not negotiated and executed by the Parties within one year of the completion or construction of the Public Parking. either party may request binding arbitration to complete the terms of the Agreement. i. Construction of the multi-family residential units for the Project shall be in compliance with, qualify for and receive Florida Green Building Certification. PURCHASE AND DEVELOPMENTAGREZMEN T Pap 56 of 77 j. Prior to and during the construction of(lie Pruject. the Developer shall W I lire a job placement consultant during the construction period of this Agreement: 0 I-lost a job fair; 0 Give priority to Contractors that are Locally Owned Small Businesses to participate in the construction of Phase I of the Project. a Include in all contracts with Contractors requirements that the Contractors use Good Faith Efrorts to hire and train City residents to participate in the construction of Phase I o f the Project; o Provide a list orjob positions and descriptions to the Community Outreach Partner and agree to give priority to qualified job applicants referred by the Community Outreach Partner to participate in the construction of Phase I of the Project. 0 Use Good Faith Efrorts to offer permanent job positions resulting from Phase I orthe PrcJect to qualified City residents: 0 Notify and refer job training and job placement opportunities to the Boynton Beach Community High School and South Tech Academy in Boynton Beach in the event each are able and wil I ing to provide such training;and a Pay or cause to be paid ne%v hires in all permanent positions residing within the City a minimum orthe Living Wage, Section 4, Annual Perfarmance Report. Developer shall annually provide (lie CRA with an Annual Performance Report For the Project indicating the status or Developer's compliance with the requirements of this Agreement as set forth in Sections 3 and 5 of this Agreement and evidencing that Developer has paid all property(axes for the Property for the preceding year,Such report must be submitted to [lie CRA no later than the last day of April for the preceding year in a form substantially in accordance %vith the form attached hereto as Exhibit'T." Section 5. Certification.Rg9girements. 5.1 As a condition precedent to its receipt of any Pledged Project Increment Revenue pursuant to this Agreement: 5.1.1 Developer must have taken all steps necessary to divide the Property into two separate parcels such that the Phase I Property and the Phase 11 Property have been assigned individual Parcel Control Numbers by the Palm Beach County Property Appraiser PURCHASE AND DEVELOPNIENT AGREEMENT Page 57 of 77 and these Parcel Control Numbers have been placed oil the Palm Beach County tax rolls and assigned taxable value prior to tile Base Year for each Phase;and 5.1.2 Developer must have timely provided its Annual Performance Report providing evidence of compliance with the requirements or this Agreement as set Forth below and evidencing that Developer has paid all property taxes for tile preceding year; and 5.1.3 Upon receipt of the Annual Performance Report. 2, the CRA shall review and approve the Annual Performance Report at the next available CRA meeting as meeting the requirements in Section 4 above and certifying Developer's compliance with all conditions precedent fear receiving Pledged Increment Revenue for that Phase 1, which approval shall not be unreasonably withheld , 5,11.4 The CRA has receivedTax Increment Revenues from the completed Phase I Improvements subsequent to the Base Year-,and 5.1.5 Developer shall not be entitled to any Pledged Project Increment Revenue payments it the Developer has failed to meet its obligations under this Agreement or is otherwise in derault under the teres of this Agreement and has failed to sulliciently cure tile default as provided for herein after appropriate notice or such default has been given. There is no obligation by the CRA to disburse the Direct Incentive Funding during any cure period or in the event file Developer is in default of this Agreement so long as,once a default is cured. Developer shall continue to receive their Direct Incentive Funding for the Project Lip to tile Pledged Project Increment Revenue and any time periods for perrormiince hereunder shall be extended for the same period or time needed to cure the default. 5.1.6 Should Developer fail to meet the Benchmarks set below regarding occupancy of' 8.575 square feet of commercial/retail space (tile "Coin mere in I/Reta i I Space")forany year ofthe Phase I Term,Developer's percentage of tile Pledged Increment Revenue to be paid to Developer shall be reduced by 10%For that year of the Phase I Term, d. Developer Must certify that?5%of the Commercial/Retail Space has been occupied by coin mercial/reta i I tenants by at least the third year of tile Phase I Term as defined herein. Once the 25%threshold is obtained, whether it be in the First, second or third year, the threshold shall be deemed satisfied forever,even ir in the future the actual amount occupied thereafter is less than 25%. Accordingly,as long as Developer did not default under any commercial lease and continues in good faith to re-market the property for lease, once tile 25% threshold is achieved, Developer shall be entitled to the Pledged Increment Revenue ror the year in which the 25% threshold is achieved and each year thereafter during the Phase I Term unless a greater Benchmark is achieved; el Developer must certify that 50%of the Commercial/Retail Space has been occupied by commercial/retai I tenants by at least the sixth year ofthe Phase I Term as defined herein. Once the 50% threshold is obtained, whether it be in any year PURCHASE AND DEVELOMMENTAGREEMEN F Page 58 oF77 prior to the end o r(lie sixth year of the Phase I Term,11,ic threshold shall be deemed satisfied forever, even if in (lie suture the actual amount occupied thereafter is less than 50%.Accordingly.as long as Developer did not default Linder any commercial lease and continues in good Faith to re-market the property for lease,once tile 50% threshold is satisfied, Developer shall be entitled to the Pledged Increment Revenue for[lie year in which the 50%threshold is achieved and each year thereafter during the Phase I Term unless a greater Benchmark is achieved; and f. Developer must certify that 70% of the Commercia VRetail Space has been occupied by the corn merciallreta i I tenants by at least the eighth year o r tile Phase I Terni as defined herein. Once the 70%threshold is obtained,whether it be in ally year prior to the end or the eighth year of the Phase I Term, the threshold shall be deemed satisfied forever.even ifin the future the actual amount occupied thereafter is less than 70%. Accordingly, as long as Developer did not default under any commercial lease and continues in good Ibith to re-market the property for lease, once satisfied, Developer shall be entitled to the Pledged Increment Revenue for year in which the 70% threshold is achieved and each year thereafter during the Phase I Term. 5.2 Certification. 5.2,1 Developer shall cerdry in its Arinual Performance Report that it has rnet its obligation under Section 3,1.1 a. and 3.1.I.b. of this Agreement by providing a Certificate of Occupancy for all residential components of the Phase I improvements and Certificate of Completion for all nonresidential components of tile Phase I improvements from the City of Boynton Beach indicating the 100 percent completion of all Phase I Improvements and demonstrating that the taxable value of all Phase I improvements have been placed oil the Palm Beach County tax rolls for tile Phase I Property. 5.2.2 Developer shall certify in its Annual Performance Report that it has met its obligation Linder Section 3.1.I c of this Agreement by demonstrating that it has constructed the Public Parking and by documenting signage and other means by which these Public Parking spaces are clearly reserved for use by the public and excluded from use by Multifamily and commercial units that are part orthe Project, 5.2.3 Developer shall confirm in its Annual Performance Report that it has met its obligation Linder Section 3.1 I.d of'this Agreement by providing proof of receipt or Florida Green Building Certification. 5.2.4 Developer shall certify in its Annual Performance Report that it has met its obligation Linder Section 3,1.I.e ofthis Agreement by: a. Demonstrating that it hired and utilized (lie services of a job placement consultant and by reporting the job placement consultant's activities during construction of Phase I of the Project: b. Demonstrating that it held a job rair; and IWWA! PURCHASE AND DEVELOPMENT AGRrUMENT Page 59 of 77 c. Requiring all Contractors covered by the terms of this Agreement to provide annual copies of its records, reports or any other information necessary to monitor compliance with the provisions of Section 3.1.1 e of this Agreement and require all Contractors to submit annual payrolls to the Developer ileal include the fiollowing information pertaining to all Locally Owned Small Business hired to work on or for Phase I of the Project: name,address and the number of hours worked for the period.until a Certificate of Occupancy is is-sued for at least 90%orthe residential units of Phase I of the Project. Section 6. Pledged ProjectIncreineut Revenue. 6.1 Formula and Term. 6.1.1 The amount of the Pledged Project Increment Revenue to be paid Developer pursuant to this Agreement is based on the following formula.- C. Developer shall receive Pledgcd Project Increment Revenue for Phase I Improvements for a term of eight (8) consecutive years, beginning the year Developer demonstrates it has met all conditions precedent to receiving Pledged Project Increment Revenue as provided in Sections 3, 4, and 5 of dais Agreement for the Project and upon final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year (hereinafter the '-Phase I Term"), The amount of Pledged Project Increment Revenue due to Developer during the Phase I Term shall be determined pursuant to the following formula: For Years I - 7 of the Phase I Term, Developer shall receive Seventy-five percent(75%)of the Pledged Project Increment Revenues actually received by the CRA: and For Year 8 of the Phase I Terni, Developer shall receive Fifty percent(50%) of the Pledged Project Increment Revenues actually received by the CRA. d. The Base Year for determining Tax Increment Revenue from the Project shall be as follows: For[tic Phase I Term.the year prior to commencement of construction of Phase I Improvements on the Property. 6.2 No Prior Pledge of Pledged Project Increment Revenues. The CRA warrants and represents that the Pledged Project Increment Revenues are not the subJect of any prior pledge by the CRA and agrees that such revenues shall not be assigned,Pledged.hypothecated or secured by the CRA for the period covered by term ol"this Agreement. PURCHASE AND DEVC-I.OPiMEi\'I'AG[tLEfvlE?N'I' Pate 60 of 77 6.3 Form of Payment. Payment ofshall be in the form of a CRA check made payable to the Developer. No payment made Linder this Agreement shall be conclusive evidence or the performance of this Agreement by Developer, either wholly or in part, and no payment shall be construed to relieve Developer of obligations Linder this Agreement orto be an acceptance of faulty or incomplete rendition of Developer's obligations under this Agreement. Section 7. Notice and Contact. Any notice or other document required or allowed to be given pursuant to this Agreement shall be in writing and shall be delivered personally, or by recognized overnight courier or sent by certified mail. postage prepaid. return receipt requested. The use of electronic communication is not considered as providing proper Notice pursuant to this Agreement. If to CRA, such notice shall be addressed to: Michael Simon. Interim Executive Director Boynton Beach Community Redevelopment Agency 7I Noah Federal flighway, Boynton Beach, Florida 33435 With a copy to: Tara W, Duhy, Esq. Lewis, Longman & Walker, P.A. 515 North Flagler Drive Suite 1500 West Palm Beach, Florida 33401 ll'to Developer, such notice shall be addressed to: Mr, Michael Ross Ocean One Boynton.LLC c/o Gulfstream Property Management 9804 South Military'Frial Suite E-1 I Boynton Beach, FL 33436 Mr. William Morris Southcoast Advisors, LLC 777 E. Atlantic Avenue Suite 100 Delray Beach, I-L 33483 F. Davis Camalier Washington Real Estate Partners 1629 K Street N.W. PURCHASE AND DEVELOPMENT AGRF'E'NIENT Page 61 of 77 Suite 1200 Washington, DC 20006 With a copy to: Bonnie Miskel. Esq. Gary S. Dunay, Esq, Dunay, Miskel and Backman, LLP 14 SE 4"'Street Suite 36 Boca Raton, FL 33432 Section 8. 12gfoul . The failure of Developer to comply with the provisions set forth in this Agreement shall constitute a default and breach ofthis Agreement. IrDeveloper fails to cure the default within thirty (30)days of notice From the CRA. the CRA may terminate this Agreement and all obligations for payment of Pledged Project Increment Revenue to Developer shall cease, Section J. Termination. Unless earlier terminated pursuant to the terms herein. this Agreement shall automatically ten-ninate upon the last disbursement of Pledged Project Increment Revenue to Developer for the Project,or within two(2)years ofthe Effective Date if tile Developer has railed to commence construction oll'thc Phase I Improvements subject to force majeurc. Either Party may elect to terminate this Agreement by providing 45 days written notice to the other Party upon one or more or the following occurrences: C, The default of either Party, if such del-ault is not Cured within the time prescribed by this Agreement; d. The Parties enter into mutually agreed upon,written Addendum,the cNect of which is to terminate this Agreement. Section 10. Miscellaneous Provisions, 10.1 Waiver. Tile CRA shall not be responsible for any property damages or personal injury sustained by Developer from any cause whatsoever related to the development or the Project, whether such damage or injury occurs before, during, or after the construction of(lie Project or the term of this Agreement. Developer hereby forever waives,discharges.and releases (lie CRA. its agents, and its employees,to the fullest extent the law allows, from any liability for any damage or injury sustained by Developer. This waiver,discharge,and release specifically include negligence by the CRA, its agents, or its employees, to the fullest extent the IaNv allows, 10.2 Indemnification. Developer 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 PURCHASE AND DEVELOPMENTAGREEMENT Pogo 62 of 77 installation and rernoval) of Developer. Nothing in this Agreement shalt be deemed to a 1'rect the rights, privileges, and SOVCTCigr) irrallUnitieS Of the CRA as set forth in Section 76 .28, Florida Statutes, This paragraph shall not be construed to require Developer to indemnify the CRA for its own negligence, or intentional acts or(lie CRA, its agents or employees, Gael 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. 10.3 Assignment. This Agreement may only be assigned by tile Developer to record owners of the Property with the prior written consent of(lie CRA, %;hich consent shall not be unreasonably withlield, provided, however, that any assignee hereto shall specifically assume all of the obligations of the Developer under this Agreement, 10.4 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 ol'such other party, in respect to all covenants of 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 tile CRA and the Developer. 10.5 No Discrimination. Developer shall not discriminate against any person on the basis of race,color. religion, ancestry, national origin. age.sex. marital status. sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 10.6 No Partnership, Etc. Developer 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 Developer is oil independent contractor and that no employe r/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance under this Agreement. 10.7 Public Records: The CRA is a public agency subject to Chapter 119, Florida Statutes. Developer shall comply with Florida's Public Records Law. Specifically,the Developer shall: C. Keep and maintain public records required by the CRA to perform the public services provided for in this Agreement: 171 Upon request from the CRA's custodian of public records.provide the CRA with a copy of(lie 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 this chapter or as otherwise provided by law. 9. 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 tile duration of the contract term and Following completion of the contract if Developer does not transfer the records to the CRA. PURCHASE AND DEVELOPMUNT AGRUNIFNT Page 63 or 77 h. Upon completion of the contract, transfer, at no cost, to the CRA all public records in possession ol'Developer or keep and maintain public records required by the CRA to perform the service, If Developer transfers all public records to the public agency upon completion of the contract. Developer shall destroy ally duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Developer keeps and maintains public records upon completion of the contract. Developer 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 orpublic records.in a format that is compatible with the information technology systems of the CRA IF DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO DEVELOPER"S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway,Boynton Beach, Florida 33435;or Boynton BeachCRA(tcbbMus. 10.8 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(lien 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. 10.9 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 [lie 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,c., via facsimile or pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 10.10 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 or the parties by virtue of the fact that one party or its attorney draflcd all or any part thereof. Any ambiguity round to exist shall be resolved by construing the terms or this Agreement fairly and reasonably in accordance with the purpose of this Agreement, 10.11 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'l-lorida and the United States of America, without regard to conflict of law principles. Venue nand jurisdiction shall be Pagan Beach County, Florida. for all purposes,to which (lie Parties expressly agree and submit. 10.12 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, PURCHASE AND DEVELOPMENT AGREEMENT Page 64 of 77 and tach Party is advised to seek independent legal advice in connection with the matters referenced herein. 10.13 Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity Or Linen forceabi I ity shall no( affect the other parts of the Agreement if' the rights and obligations of the Parties contained herein are not materially prejudiced and if(lie intentions of the Parties can continue to be achieved. To that end. this Agreement is declared severable. 10.14 Voluntary Waiver of Provisions. The CRA may, in its sale and absolute discretion,waive any requirement of Developer contained in this Agreement. 10.15 Complianecwith ll-,aws. In its performance under this Agreement,Developer shall comply with all applicable federal and state laws and regulations and all applicable [pales Beach M County, City of Boynton Beach,and CRA ordinances and regulations, 10.16 Effective Date. This Agreement will become of upon the date and time the Iasi party executes this Agreement, 10.17 Survival. The provisions of this Agreement regarding public records. indemnity, and waiver shall survive the expiration or termination of this Agreement and remain in full force and effect. PURCHASE AND DCV CLOPMENTAGRLE M ENT Page 65 or 77 IN WITNESS OF THE FOREGOING, the parties have set their lands acid seals the day and year first above written. WITNESSES OCEAN ONE BOYNTON, LLC a Florida limited liability company By: Print Name: Print Name: Title: Print Name- STATE OF FLORIDA SS: COUNTY OF BEFORE ME, an officer duly authorized by lmy to administer oaths and take acknowledgments, personally appeared as of OCEAN ONE BOYNTON, LLC. and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of OCEAN ONE BOYNTON, LLC, for Elie use and purposes mentioned herein and that the instrument is the act and deed of OCEAN ONE BOYNTON,LLC. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING. I have set my hand and official seal at in the State and County aroresaid on this day of . 2017, My Commission Expires: Notary Public. State of Florida at Large IREMAINDER OF PAGE INTENTIONALLY LEFT BLANKI [CRA SIGNATURE ON FOLLOWING PAGE1 WITNESSES BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PURCHASE AND DEVELOPMENT AGREEMENT Page 66 of 77 By: Print Name; Steven Grant.CRA Board Chair Print Name: STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duty authorized by IaNv to administer oaths and take acknowledgments, personally appeared Steven Grant as Board Chair of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under 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 BEACI I COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me 01' has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal sat in the State and County aforesaid on [his day of 2017, My Commission Expires: Notary Public,State of Florida at Large PURCHASE AND DEVELOPMENT AGREEMNT Ilage 67 oF77 EvIdbit "A" (Project) (Nee attached) PURCHASE AND DEVELOPMENT AGREEMEN'J" Page 68 oF77 FWAR ftv&4 us Namy PA I fT Tww 13 ti ED I fit- -m It 0,111 IN 1r 1" Not I a>1 I " th anOneCOHEN-FREEDMAN ENCINOSA & ASSOC M It FEDER&HOWAY.BMW=BEACR FL AmbilecK PA bBaw LEVEL PLA4 , IN,W. IAU.1 Ut-N MAW. 33014 30d LT96 Ym 11URCHASE AND DEVELOPIMENT AGREEMENT Page 69 of 77 Exhibit "B" (Property) (see attached) PURCHASE AND DEVELOPIMENTAGRECMENT Page 70 of 77 VL%M,ie 047 rjNmmlo Rw Tat(561)241-99e8 SURVEYING & MAPP Caiffl,pin olAiAluiaion No.LWAAP Fej:§61241-5192 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) OCEAN ONE - PHASE 1 LEGAL DESCRIPTION A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 45 SOUTH,RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, INCLUDING PORTIONS OF LOTS I THROUGH 6, "FUNK BROS. ADDITION To THE TOWN OF BOYNTON-', AS RECORDED IN PLAT BOOK 2 AT PAGE 13 OF THE PUBLIC RECORDS OF PA-MF BEACH COUNTY, F1 ORIDA. AND A PORTION OF LOT 41 "DEWEY'S SUBDIVISION", AS RECORDED IN PLAT BOOK I AT PAGE 37 OF SAID PUBLIC RECORDS, ALL IN ACCORDANCE WITH THE "AGREEMENT PLAT", AS RECORDED IN PLAT BOOK 10 AT PACE 2, AND BEING MORE PARTICULARLY DESCR;BED AS FOLLOWS1 COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27; THENCE NORTH 89*55'38' EAST, ALONG THF NORTH LINE OF SAID SECTION 27, A DISTANCE OF 86.08 FEET; THENCE SOUTH 00'04'72" EAST, A DISTA14CE OF 22.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89"55',3$" EAST, A DISTANCE OF 216,56 FEE] TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHTi THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADUS Or 25.00 FEET AND A CENTRAL ANGLE Or 880 20'52", A DISTANCE OF 38,55 FEET TO THE POINT OF TANGENCY; 71 IE'NCE SOUTH 01,43,3011 EAST, ALONG A LINE 15.00 FEET WIEST or AND PARA110 WITH THE EAST I INE OF SAID LOTS I THROUGH 6 AND THE EAST LINE OF SAID I OT 41, A DISTANCE OF 287.77 FEET; THENCE SOUTH 88'37'13" WESI, A DISTANCE OF 268 22 FEET. THENCE NOR!H OP 23-00" WEST, ALONG A LINE 60.00 FEET EAST OF AND PARALLEL WI I'H THE WEST LINE OF SAID SECTION 27, A DISTANCE OF 292.55 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RICK; THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS or 25.00 FEET AND A CENTRAI ANGI,E OF 910 18'38", A DISTANCIF Or 39,84 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH,PALM BEACH COUNTY, FLORIDA, AND CONTAIN 83,950 SQUARE FEET,MORF_ OR LESS. NOTES I. TIEPRoDumoNs or THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICtNSEL SURVEYOR ANT) MAPPFR, 2. 'HCl SEARCH OF THE PUAJIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION, 0L.BEARINGS SHOWN HEREON ARE OASED ON THE WEST LINE OF IF E NORTHWEST ONE- TER OF SECTION 27.HAVING A %,ARING OF NOR tH 02'23'00" VIE ST,ACCORDING To THE STATE PLANE COORMNATE SYSTEM.STATE OF FLORIDA,EMT ZONE,NORTH AMERICAN DATUM OF 1983, 1900 ADJUSTMENT CERTIFICATION THEREBY CERTIFY THAT THE SKETCH AND DESCRMVIDN SHOWN HEREON COMPLIES WITH 5TANDARDS OF PRACTICE AS CONTAINED IN CHAPTER 61017-6,FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION 472.027,FLORIDA STATUTES,AND THAT SAID SKETCH AND DESCR-PTION IS TRUE AND CORRECT TO THE 13EST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER My DIRECrION. SURVEYOR AND MAPPER FLORIDA LICENSE NO.LS5PI ,.Taal 0# 1 vc[Ni WE 12612017 166 009 al. 4'1a isA TD mi toF 2 PURCHASE AND DEVELOPMENT A REEMEW Page 71 oF77 P.O.C. SKETCH AND LEGAL, DESCRIPTION NW CORNER (NOT A SURVEY) SECTION 27-45-43 MOT FOUND) N894 551381,E 86.08" BOYNTON BEACH BOULEVALt � �� N UNE SECTION 27-X15-43 .. . 8:25.0 N89.5 ' 16,56" L-3B.55 SOO*04.2 "E � T�- 0.1 8"20'52. ,1 22.111}' ....: .� ��- 1 LST 1 �� J .. E R-25.11 ' r .�.vDONMENT L-39.841380(ORB 29©16,PG.'975) 1.91`18' ' .,. LOT 2 " -F-WL- EAS&ENT (ORB 19094,PG. 1699) LOT 3 _ ",AGREEMENT PLAT" �: ' (P.B. 10,PG. 2) LOT 4 % 4-I;Z "FUNK BROS. AMMON W rn rn L41 Z 07 5o 0 LOT6 - caterot r G.I. W 5880 37'13"W 268.22' IW 1 10'R/W T BE DED°GATEDn 11 a 10. s �, Irn "AGREEMENT PLAT" 1P,B. 10, PG.21 4 LDT 41 VEWEVS SUBDIVISION" —� 1P.B. 1" PG, 371 °ABBREVIATIONS aDELTA IMITRAL ANGLES L.B. LICENSEO BUSINESS L.S. LICENSED SMVE VCR 0 x.11. 0,:FICIAL RECO;tUS BUOY. P31fif OF-REGINN1114 G7 r°,b. •. PLAf Am Lr�A S LINE LOT 41 F.U.c.s. f°Atm"Asir couRrt PEC C - _ _ PC. PACE .—..,. ..° ..�......E('S,R ..4.. P.S.r1.. _ PriaiESSIBNAt St1Rr±"oft i. �10EAN AVENUE(BR 13t14� r#�1� �r�rlr�IR•wtr W. 04115 FPG�Y/I k6 l Gum W fill 45" YCN.'jX }`' '. t PURCHASE� AND DEVELOPMENT AGREEMENT Page 72 of 77 Exhibit "C" (Public Parking), (see attached) ME --- — - I iia -� 1, WE N R'd tl tl 9 C) 00 PURCI IASE AND WVELOPMENTAGREENIENT Poge 74 of 77 EXHIBIT"0" ANNUAL PERFORMANCE REPORT FORM (shall be required annually) Time Period Date Prior to and during the construction of Phase I(if applicable)- 1. Hired job placement consultant on 2. Hosted a job fair on 3. Noticed through the Community Outreach Partner,availability of employment opportunities related to construction of Phase I of the project on 4. Provided evidence of requirement in subcontractor's contracts to hire and train local residents S. Provided list of job positions and descriptions to Community Outreach Partner 6Receipt of written confirmation from the contractor and subcontractors of the requirement to use minimum living enrage on Prior to and during the construction of Phase 11(if appllcable), 1. Obtained approval for a 100-room hotel on 2. Provided written confirmation of approval of the 50 additional public parking spaces(identifying the public parking spaces)on Post construction certification requirements Phase I certification(if applicable): 1, Provided Certificate of occupancy from the City of Boynton Beach or other governmental agency demonstrating Certificates of Occupancy for the Phase I's 231 multi-family units on PURCHASE AND DT; LLOPPAI"NTAGREUMENT Pagc 75 of 17 2. Provided a Certificate of Completion for the Project's 8,575 square feet of commercial is completed as a Grey Shell on 0 3Provided certificate of completion of the 50 Phase I public parking spaces on 4. Provided written confirmation of compliance with a Nationally Recognized High Performance Green Building Rating System on 14 Ali I" PURCHASE AND DEVELOP ENTAGREEMENT Page 76 of 77 EXHIBIl"T" THE PLAZA DEVELOPMENT PLAN PURC'i ASE AND DEVELOPMENT AGREL EEe~T Page 77 or 77 re , - 9 I Ifl 7 Tto j N r ww < 4 tcZ m m - i:, fill I �01 � LL� { u Ul r l i •a� { U i Ll X A {> e _ Yp 1 FI 4` � 1 1 S4 Pt14 r 4 4 Xlp��tAIYSt,}1 t �I tt �v �7 l- Jr to �srl�tt 4 W{ to �ttri 4 �411t r i i a= 4 ts; t„ la �r. 4-4 tD� p i X"47 q . lis to, 1p4 r � e tf t, f z 4 �If pr Vl p4p ak p" p ,L z �w� P 1 fP 0 � r � ,t da r 1'�f til�";3V� ,I[ `1i A s s4a4s s ` i �r 0 If � 41 �i � �'4if}s 01 4s rhe Ail IP � ah r�J" s ke 1 4 4➢ j.....4Sy..;"r 4��! i `k� � z 4 �; �� rr 10°,i,4�` s `tt '4 , al 4111, s 4 Ell VFlsPi�.a O Ft £Av41t1 ��ns�tu! W 6 w INQ FR'A ! Tf C t tsst slu 'A 41 i �' »'—`I4"��s 'j�is{u Isc n hk it k�ia �,r® .VJ Aig aj W . ML k� e � m ter. aE R a pq � e �`" 10 REA 6 F u u a 9 � Y in1 tk n• , $ j i1 1 r �.r r�'• i i 14 1 a,ry 1 i 1 arw OCUN An" E-4 r a 5 a r r 1 ,fit-i.• E63 ; � i 1 °'" 0 - D � .. c n � TAX INCREMENT REVENUE FUNDING AGREEMENT This Tax Increment Revenue Funding Agreement(hereinafter"Agreement")entered into asofthe_Ltt_dayof lnouk44 - 20likbyandbetween: I QF4 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 or710 North Federal Highway, Boynton each. Florida 33435. and OCEAN ONE BOYNTON, LLC, a Florida limited liability company. with a business address or c/o Washington Real Estate Partners, LLC. 9804 South Military Trail. Suite E-11. Boynton Beach,FL 33436(hereinafter referred to as the 6'Dcveiopce*). liECIT*ALS WlIEREAS, Developer intends to construct the Project which will include a minimum or 231 multi-family units with related amenities and approximately 8.575 square reet or commercial space as depicted in the Site Plan attached hereto as Exhibit"A,"(hereinafter referred to as the"Prajece'):and WHEREAS.the CRA has determined that the Project rurthers the Boynton each Community Redevelopment Plan;and WHEREAS,Developer hast knowledge,ability,skill f.and resources to effectuate the construction and development of the Prcject-,and WHEREAS,the CRA has determined that a public-privatc partnership in which the CRA provides Tax Increment Revenue Funding ror the Project will further the goals and objectives or the Community Redevelopment Plan; NOW THEREFORE, in consideration of the mutual covenants and promises set north herein.the sun ciency or which both Parties hereby acknowledge.the Parties Agree as rollows: cation 1, l,neorLIoration. The recitals above and all other inrannation above are hereby incorporated herein as if fully set forth. Saction Z. efinitions. As used in this Agreement, the following terms shelf have the rollowing meanings. which shelf apply to words in both the singular and plural for or such words: 2.1. "Base Year"mean the base year for determining Tax Increment Revenue from the Project. 2.2 "Benchmarks" shall be the various percentage thresholds or occupancy or the 8.575 commercial/retail space for any year or the Phase I Term as set forth in Paragraph 5.1.6. 2.3 "Certificate of Occupancy"means the certificate issued by the City pursuant to the City or Boynton Beach Building and Zoning Code indicating that a building or structure complies with all applicable City of Boynton Beach Building and Zoning Code requirements and that the some may be used for the purposes stated therein. 2.4. "City"means the City of Boynton Beach. Florida. 2.5. "Commencement of Construction" or "Commence Construction" means obtaining an official permit in hand lor any or the construction activities contained herein and beginning to actually demolish, excavate or prepare the site for development of the applicable phase or the Project in accordance with the City Code and continuing until completion or construction of the Project or Phase or the Project as applicable in accordance with the Florida Building Code. 2.6 "Community Outreach Partner" means the for-profit or non-prolit group or organization selected by Developer with whom Developer shall coordinate on the issues and obligations in this Agreement pertaining to employment of City residents and jobs for Locally Owned Small Businesses. 2.7 "Contractor" means a general contractor, a subcontractor or any other business entering into a contract with the Developer related to the construction orthe Project or part thereof. 2.8 "Effective Date" shall mean the date the lost party to this Agreement executes this Agreement. 2.9 "Good Faith Effort" is considered to have been made when the respective parties have used reasonable means to comply with the associated directives and/or provisions set forth in this Agreement. 2.10 "Grey Shelf" means an unfinished interior. lacking heatingy, ventilating, air conditioning, lighting, plurnbing, ceilings, elevators. interior walls, etc. and ready for tenant improvements. 2.11 "Locally Owned, Small Businesses"means any business that is wholly owned by individuals who reside in the City. If business is owned by corporation,then the corporation must be wholly owned by individuals who reside in the City. ll'the business is owned by a 1) partnership or limited liability company,then at least 20%of its partners or members must reside in the City. 2.12 "Minimum Living Wages'means the hourly rate that an individual must earn to support his or her family if they are the sole provider and am working full time(2,080 hours per year) in accordance with Palm Beach County Code Chapter 2, Article IV, Division 3 (the Palm Beach County Living Wage Ordinance),as amended. 2.13 "Nationally Recognized High Performance Green Building Rating System" means any one of the following: the Florida Green Building Coalition (FC) Standards, the Green Building Initiative's (GBI) Green Globe rating system, the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LD) Standards, or the National Association of Homebuilders(NAHB)National Green Building Standards(NGBS). 2.14 "Pledged Project Increment Revenue" means an amount calculated by multiplying Tax Increment Revenue from the applicable phase of the Project by agreed upon percentage factor as provided for in this Agreement. 2.15 "Property"means the property subject to this Agreement upon which the Project shall be developed as more particularly described in Exhibit"B,11 hereto. 2.16 "Site Plan" shall mean the approved Site Plan attached hereto as Exhibit "A," approved by the City of Boynton Beach,file#NSP 16-002. Section 3. bevels er"s Obligations and Covenants. 3.1 Construction of the Project. Developer agrees to Commence Construction of the Project within two(2)years of the Effective Date of this Agreement. 3.1.1 The Project shall conform to the Site Plan and shall include the following, which shall hereinafter be referred to as"Phase I Improvements:": a. Developer shall construct a minimum of 231 multi-family residential units with related amenities. b. ' Developer shall construct a minimum of 8,575 square feet of commercial/retail space; C. Developer shall construct Parking Improvements,conceptually depicted on Exhibit 11C,"hereto,consisting,at a minimum of Fifty(50)public parking spaces ("Public Parking") that shall be restricted for public use and that shall not be available to the Phase I residential units. The Parking Improvements may consist of structured parking, surface parking, valet parking, mechanical parking, shared parking or any other means as allowed under local city ordinance.Upon completion of the Public Parking, Developer and the CRA shall enter into a Parking Management Agreement to establish the maintenance responsibilities of the CRA for the Public Parking. If a Parking Management Agreement is not negotiated and executed by the Parties within one year of the completion of construction of the 3 Public Parking,either party may request binding arbitration to complete the terms orthe Agreement. d. Construction of the multi-11imily residential units for the Project shall be in compliance with.qualify for and receive Florida Green Building Certification. e. Prior to and during the construction of the Project,the Developer shall * 1-lire a job placement consultant during the construction period of this Agreement-. 9 I-lost a job fair: e Give priority to Contractors that are Locally Owned Small Businesses to participate in the construction Of Phase I of the Project, o Include in all contracts with Contractors requirements that the Contractors use Good Faith Efforts to hire and train City residents to participate in the construction of Phase I of the Project;' a Provide a list of job positions and descriptions to the Community Outreach Partner and agree to give priority to qualified job applicants referred by the Community Outreach Partner to participate in the construction of hase I of the Project; * Use Good Faith Efforts to offer pen-nanent job positions resulting from Phase I of the Project to qualified City residents, a Notify and refer job training and job placement Opportunities to the Boynton Beach Community High School and South Tech Academy in Boynton Beach in the event each arc able and Willing to provide such training;and e Pay or cause to be paid new hires in alt permanent positions residing within the City a minimum of the Living Wage. Section 4. Annual Performance Report. Developer shall annually provide the CRA with an Annual Performance Report for the Project indicating the status or Developers compliance with the requirements or this Agreement as set forth in Sections 3 and 5 of this Agreement and evidencing that Developer has paid all property taxes for the Property for the preceding year.Such report must be submitted to the CRA no later than the lost day of April for the preceding year in a form substantially in accordance with the form attached hereto as Exhibit"D." Section 5. Certification Requirements. 4 5.1 As a condition precedent to its receipt of any Pledged Project increment Revenue pursuant to this Agreement: 5.1.1 Developer must have taken all steps necessary to divide the Property into. two separate parcels such that the Phase I Property and the Phase 11 Property have been assigned individual Parcel Control Numbers by the Palm Beach County Property Appraiser and these Parcel Control Numbers have been placed on the Palm Beach County tax rolls and assigned taxable value prior to the Base Year for each Phasc;and 5.1.2 Developer must have timely provided its Annual Performance Report providing evidence or compliance with the requirements of this Agreement as set Forth below and evidencing that Developer has paid all property taxes for the preceding year: and 5.1.3 Upon receipt or the Annual Performance Report. 2. the CRA shall review and approve the Annual Performance Report at the next available CRA meeting as meeting the requirements in Section 4 above and cenilying Developer's compliance with all conditions precedent for receiving Pledged Increment Revenue lbr that Phase 1, which approval shall not be unreasonably withheld: 5.1.4 The CRA has received Tax Increment Revenues from the completed Phase I Improvements subsequent to the Base Year:and 5,1.5 Developer shall not be entitled to any Pledged Prcjcct Increment Revenue payments if the Developer has failed to meet its obligations under this Agreement or is otherwise in default Linder the terms of this Agreement and has railed to sufficiently cure the default as provided for herein after appropriate notice of such default has been given. 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 so long as,once a default is cured, Developer shall continue to receive their Direct Incentive Funding for the Project up to the Pledged Project Increment Revenue and any time periods for performance hereunder shall be extended for the same period of time needed to cure the default. 5.1.6 Should Developer fail to meet the Benchmarks set below regarding occupancy or 8.575 square feet or commerciallretail space (the "Commercial/Retail Space")for any year of the Phase I Term,Developer's percentage of the Pledged Increment Revenue to be paid to Developer shall be reduced by 10%for that year of the Phase I Term. a. Developer must certify that 25%or the Commercial/Retail Space has been occupied by commerciallretail tenants by at least the third year ol'the Phase I Term as defined herein. Once the 250 threshold is obtained, whether it be in the first. second or third year,the threshold shall be deemed satisfied forever, even if in the future the actual amount occupied thereafter is less than 25%. Accordingly,as long as Developer did not default under any commercial lease and continues in good faith to re-market the property for lease, once the 25% threshold is achieved. 5 Developer shall be entitled to the Pledged Increment Revenue florthe year in which the 25% threshold is achieved and each year thereafter during the Phase I Term unless a greater Benchmark, is achieved: b. Developer must certify that 50°1'®or the Commercial/Retail Space has been occupied by commercial/retail tenants by at least the sixth year of the Phase I Term as defined herein. Once the 50% threshold is obtained, whether it he in any year prior to the end of the sixth year of the Phase I Term.,the threshold shall be deemed satisfied forever,even if in the future the actual amount occupied thereafter is less than 50°✓®.Accordingly,as long as Developerdid not default under any commercial lease and Continues in good faith to re-market the property for lease,once the 50% threshold is satisfied,Developer shall be entitled to the Pledged Increment Revenue for the year in which the 50%threshold is achieved and each year thereafter during the Phase I Term unless a greater Benchmark is achieved;and C. Developer must certify that 70%of the Commercial/Retail Space has been occupied by the commercial/retail tenants by at least the eighth year or the Phase I Term as defined herein. Once the 70%®threshold is obtained, whether it be in any year prior to the end or the.eighth year or the phase I Term.the threshold shat I be deemed satisfied forever,even if in the future the actual amount occupied thereafter is less than 70%. Accordingly, as long as Developer did not default under any commercial lease and continues in good faith to re-market the property for lease, once satisried, Developer shall be entitled to the Pledged Increment Revenue for year in which the 70% threshold is achieved and each year thereafter during tile Phase I Term. 5.2 Certification. 5.2.1 Developer shall certify in its Annual Performance Report that it has met its obligation under Section 3.1.1 a. and 3.L.I.b. of this Agreement by providing a Certificate of Occupancy for all residential components of the Phase I Improvements and Certificate of Completion for all nonresidential components or the Phase I Improvements from the City of Boynton Beach indicating the 100 percent completion of all Phase I Improvements and demonstrating that the taxable value of-all Phase I improvements have been placed on the Palm Beach County tax tolls for the Phase I Property. 5.2.2 Developer shall certify in its Annual Performance Report that it has met its obligation under Section 3.1.1.c of this Agreement by demonstrating that it has constructed the Public Parking and by documenting signage and other means by which these Public Parking spaces are clearly reserved for use by the Public and excluded from use by multifamily and commercial units that are part of the Project. 5.2.3 Developer shall confirm in its Annual Performance Report that it fins met its obligation tinder Section 3.1.Ld or this Agreement by providing proof of receipt of Florida Green Building Certification. 6 5.2.4 Devclopersliall certify in its Annual Performance Report that it has met its obligation under Section 3.1.Lc of this Agreement by: a. Demonstrating that it hired and utilized the services or a job placement consultant and by reporting the job placement consultant*s activities during construction Of Phase I of the Project: b. Demonstrating that it held ajob flair;and C. Requiring all Contractors covered by the terms orthis Agreement to provide annual copies OF its records,reports or any other information necessary to monitor compliance with the provisions of Section 3.1.1 e or this Agreement and require all Contractors to Submit annual payrolls to the Developer that include the ffillowing information pertaining to all Locally Owned Small Business hired to work on or for Phase lorthe Project: name, address and the number or hours worked for the period,until a Certificate ol.'Occupancy is issued Ilor at least 90%of the residential units of Phase I of the Project. Section 6. Pledged PW ct Increment Revenue. le 6.1 Formula and Term. 6.1.1 The amount of the Pledged Project Increment Revenue to be paid Developer pursuant to this Agreement is based on (lie following formula: a. Developer shall receive Pledged Project Increment Revenue for Phase I Improvements for a term or eight (8) consecutive years, beginning the year Developer demonstrates it has met all conditions precedent to receiving Pledged Project Increment Revenue as provided in Sections 3. 4, and 5 or this Agreement for the Project and upon final certification of tax assessments within the CRA District by the Palm Beach County Property Appraiser for the preceding year (hereinafter the -'Phase I Term"). The amount of Pledged Project Increment Revenue due to Developer during the Phase I Term shall be determined pursuant to the following formula: For Years I —7 of the Phase I Term. Developer shall receive Seventy-rive percent(75%)of the Pledged Project Increment Revenues actually received by the CRA., and For Year 8 orthe Phase I Term,Developer shall receive Fifty percent(50%) of the Pledged Project Increment Revenues actually received by the CRA. 7 b. 'rho Base Year Ibr cletermining,rox Increment Revenue firom the]'reject shall be as follows, For the Phase I Term,the year prior to commencement ofconstruction of phase I Improvements on the Property. 6.2 No Prior Pledge of Pledged Project Increment Revenues. The CRA warrants and represents that the Pledged Project Increment Rcvcnues 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 covercd by term of this Agreement. 6.3 Form of Payment. Paymcni ol'sitall be in the Corm ora CRA check made payable to the Developer. No payment made under this Agreement shall be conclusive evidence or tile perfisirmante of this Agreement by Developer.either wholly or in poet, and no payment shall be construed to relieve Developer of obligatiOnS Linder this Agreement or to be an acceptance of faulty or incomplete rendition or Developer's obligations under this Agreement section 7. Notice and Contact. Any notice or other document required or allowed to be given pursuant to this Agreement shall be in writing and shall be delivered personally, or by recognized overnight courier or sent by certified mail., postage prepaid, return receipt requested. The use orclectronic communication is not considered as providing proper Notice pursuant to this Agreement. If to CRA, such notice shall be addressed to: Michael Simon. Interim Executive Director Boynton each Community Redevelopment Agency 71f North Federal H i ghway, Boynton Beach. Florida 33435 With a copy to: Tara W. tinny. Esq. Lewis.Longman& Walker. P.A. 515 North Flogler Drive Suite 1500 West Palm each.Florida 33401 irto Developer.such notice shall be addressed to: Mr. Michael Ross Occon One Boynton, LLC c/o GuIrstream Property Munagernent 9804 South Military Trial 8 Suite E-I I Boynton Beach, FL 33436 Mr. William Morris Soulliconst Advisors. LLC 777 E.Atlantic Avenue Suite 100 Delray Beach, FL 33493 F. Davis Camalier Washington Real Estate Partners 1629 K Street N.W. Suite 1200 Washington. DC 20006 With a copy to: Bonnie Miskel.Esq. Gary S. Dunay, Esq. Dungy.Misk-el and Backman, LLP 14 SE 41"Street Suite 36 Boca Raton,FL 33432 Section K. pe-ram The failure ot'Developer to comply with the provisions set forth in this Agreement shall constitute a default and breach orthis Agreement. If Developer fails to cure the default within thirty(30)days or notice from the CRA. the CRA may terminate this Agreement and all obligations for payment of Pledged Project Increment Revenue to Developer shall cease. Section 9. Termination. Unless earlier terminated pursuant to the terms herein, this Agreement shall automatically terminate upon the last disbursement of Pledged Project ruj c t Revenue to Developer for the Project,or within two(2)years of the EI'llective Date irthe Developer has failed to commence construction orthe Phase I Improvements subject to force majeure. Either Party may elect to ten-ninate this Agreement by providing 45 drays written notice to the other Party upon one or more or the following occurrences: a. The deffiult of either Party. if such derault is not cured within the time prescribed by this Agreement: b. The Panics enter into a mutually agreed upon,written Addendum,the effect of which it to terminate this Agreement. Section 10. Miscellaneous Provisions. 9 10.1 Waiver, The CFA shall not be responsible for any property damages or personal injury sustained by Developer finnan any cause whatsoever related to tine development of the Project, whether such damage or injury occurs bef=ore, during. or alter the construction or tine Projector the term or this Agreement. Developer hereby forever%valves.discharges,and releases the CRA,its agents.and its employees,to the fullest extent the lav allows, from:any debility for any damage or injury sustained by Developer, Ihis vraiver,discharge,and release specifically include negligence by the CRA, its agents, or its employees, to the fullest extent the law A lanw& 10.2 Indemnirication. Developer shall irmdemniry, save, and hold harmless tae CRA, its agents,and its employecs from any liability,claim,demand,stmt, loss,cost.expense or damage which may be asserted,claimed.or recovered against or from time CRA.its 4a ents,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 or, arises out of, or is otherwise related to time negligent or wrongful conduct or the faulty e uipmermt (including equipment installation and removal.)of Developer. Nothing in this Agreement shall be deemed to a llect the riotlnts. privileges. and sovereign lantnU pities or time CRA as set forth in Section 768.28, Florida Statutes.This paragraph s aaalI not be construed to require Developer to indemnify tine CRA for its own negligence.or intentional acts or tile CRA.its agents or employees. Each party assumes tine risk of personal injury and property damage attr butatb e to the acts or omissions of that party and its ol'licer ,employees and aetats. 10,3 Assignment. This Agreement may only be assigned by the Developer to record owners or the Property %vide the prig written consent of the CRA, which consent shall not b unreasonably withheld, provided, however. that any assignee her to shalt specifically assume e all o the obligations or the Developer under this Agreement 10,4 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.Nothing herein shall be construed as creating any personal liability on the part or any officer or agent of the CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other unarm the CRA and the Developer. 10,E No Discrimination. Developer shall not discriminate against any person on the basis or race,color. religion. ancestry. national origin,age, seg. marital status, sexual ori emttatiasrn or disability for any reason in its hiring or contracting raac:tices associated with this Agreement, 1086 No Partnership, Etc. Developer agrees nothing contained in this Agreement shall e deemed or construed as creating a partnership,joint venture, or employee relationship. It is specifically understood that Developer is are independent contractor and that no employer/employee or principal/agent is or shall be created nor shall exist by reason or this Agreement or the performance Leander this AgreemenL 10.7 Public Records: The CRA is a public agency subject to Chapter 119, Florida Statutes. Developer shall comply ravish%r$lor daa`s Public Records Law. Specifically,the Developer shall; 10 a. Keep and maintain public records required by the CRA to perforin tile public services provided ror in this Agreement; b. Upon request from the CRA*s custodian of public records,provide the CRA with a copy orthe requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed tile cost provided in this chapter or as otherwise provided by low. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements arc not disclosed except as authori7ed by law for the duration or the contract lerm and following completion of the contract if Developer does not transfer the records to the CRA. d. Upon completion or the contract.transfer,at no cost, to the CRA all public records in possession or Developer or Leep and maintain public records required by the CRA to perrorm the service. if Developer transibrs all public records to the public agency upon completion of the contract. Developer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Developer keeps and maintains public records upon completion of the contract. Developer shall meet all applicable requirements far retaining public records. All records stored electronically must be provided to the CRA.upon request fro rn the CRA*s custodian of public records.in a forrilat that is compatible with the information technology systems of the CRA. IF DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO DEVELOPER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN Or, PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway,Boynton Beach, Floeida 33435;or BoyatonBeuchCRA6rJ%kn s. 10.8 Entire Agreement. This Agreement represents the entire and sole agreemcn(and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered,except in writing and alien only ii'signed by all the parties hereto. All prior and contemporaneous agreements. understandings, communications. conditions or representations. or 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 after tile terms orthis Agreement. 10.9 Counterparts and Transmission. To facilitate execution,this Agreement may be executed in as any counterparts as may be convenient or required.each orwhich shall be deemed an original, but all or which together shall constitute one and the same instrument. The executed signature page(s) 1rom each original may be joint together and attached to one such original and it shall constitute one and the same instrument. Inaddition. said counterparts may be transmitted electronically (i.e.. via racsimile or pdf lormat document seat via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. II 10.10 Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less ravorably 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. 10.11 Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by,and construed and enforced in accordance with. [lie laws or the State of Florida and the United states of America, without regard to conflict of low principles. Venue and jurisdiction shall be Palm Beach County.Florida. ibr all purposes,to which the Parties expressly agree and submit, 10.12 Independent Advice. Tile Parties declare that the terms or 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. 10.13 Severability. If any part or this Agreement is found invalid or unenforceable by any court. Such invalidity or unenforceability shall not affiect the other parts of the Agreement if the rights and obligations or the Parties contained herein are not materially prejudiced and if the intentions or the Parties can continue to be achieved. To that end. this Agreement Is declared severable. 10.14 Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion.waive any requirement of Developer contained in this Agreement. 10.15 Compliance with Laws. In its performance under this Agreement.Developer shall comply with all applicable federal and state laws and regulations and all applicable Palm Beach County.City or Boynton Beach,and CRA ordinances and regulations. 10.16 Effective Date. This Agreement will become eff'cctive upon the date and time the last party executes this Agreement. 10.17 Survival. The provisions orthis Agreement regarding public records. indemnity. and waiver shall survive the expiration or termination or this Agreement and remain in full force and effect. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first above written. WITNESSES OCEAN ONE BOYNTON, LLC a Florida limited 111-1 ilit company By:, Print Name: Print arae: OJI 4a� _ .._. Title: #V s .501w.. int me: j 'AT[:Or FI.ORIDA } } COUNTY OF i SS: BEFORE, rVIE. an officer duly authorized b , law to administ•r oaths and take acknowledgments. personally appeared w� � �� as s e of OCEAN ONE BOYNTON, LLC. and acknowledged under oath that h0she has executed the foregoing Agreement as the proper official of OCEAN ONE , for the use and purposes mentioned herein and that [lie instrument is the act and deed of OCEAN ONE BOYNTON,LLC. I le/she is rso ally •notion to me or has produced as identification . IN WITNESSF 1'I lE I, l . I have set my han and official seal at in the State and County alloresaid aforesaidon this. '?_ sty of •201 My Commission Expires: f tui t •of Florida at , ge MYCOMM IO- .. :.wr. IREMAINDER OF PAGE INTENTIONALLY 1CRA SIGNATURE ON FOLLOWING PAGE1 13 WITNESSES BOYNTON BEACH COMMUNITY REDEVELOPMEN GE Y xrFl � w, By: F� = � Print Namc: i,�� y /L"'Lry "A Steen Grant.CRAB oardChair rant am off, STATE OF FLORIDA ) S: COUNTY F PALM BEACI,I BEFORE , an of icer duly authorized by law to administer inister oats and take acknowledgments.,personall appeared teven Grant as Board Chair ol'BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. and acknowledged un er oath that he/she has executed the foregoing et as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT C , for tate use and purposes mentioned herein and that the instrument is (lie act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me or has produced as identification. I WITNESS F I1E FI . ! lieu } rt y e set an an official seal at i the tate and County o csai on this da of ,20 I f �yY9 My Commission Expires: ry 'c,St e of Floridaat ca—my— L-1 - c L�.. n NOTARY LIG STATEC} I G f Expires 1 1 Exhibit "All (Project) (sec attached) 15 U9 AY Hai i Rom A t Rom"" �. �1�1y t f Mal ON Jig . 29 1t 6f °I`;!11 i o ,W]AW91 ti • 3 ! E l:.1 .... 1 ® �t one m. . HEN°PREEDMAN ENCINOSA 8c tlow K HOWAY DOWM WACH FL ArchlW&PA Exhibit "B" (Property) (see attached) 17 647 T8t(601 241-"U a 0 81aa Fk>fltls 93188 IV26.1lL"G 6 MUPl6I"0' F9x,O 241-6192 SKETCH AND LEGAL DESCRIPTION (NOT A URVE'Y) OCEAN ONE - PHASE 1 LEGAL DESCRIPTION A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 45 SOUTH.RANGE 43 EAST, PALM BEACH COUNTY,FLORIDA, INCLUDING PORTIONS OF LOTS 1 THROUGH 8, "FUNK BROS. ADDITION TO THE TOWN OF BOYNTON",AS RECORDED IN PLAT BOOK 2 AT PAGE 13 OF THE PUBi.IC RECORDS OF PAIN. BEACH COUNTY,FI ORIDA, AND A PORTION OF LOT 41 "DEWEY'S SUBDIVISION", AS RECORDED IN PLAT BOOK 1 AT PAGE. 37 OF SAID PUBLIC RECORDS, ALL IN ACCORDANCE WITH THE "AGREEMENT PLAT", AS RECORDED IN PLAT BOOK 10 AT PAGE 2,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 771 THENCE NORTH 890 55'38" EAST, ALONG THE NORTH LINE OF SAID SECTION 27, A DISTANCE OF 86.08 FEET; THENCF SOUTH Ona 01'22" EAST, A DISTANCE OF 22,00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89"551381, EAST, A DISTANCE OF 216.56 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 88'20'52", A DISTANCE OF 38.55 FEET TO THE POINT OF TANGENCY. THENCE SOUTH 010 431301' EAST, ALONG A LINE 15.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOTS 1 THROUGH 6 AND THE EAST LINE OF SAID LOT 41, A DISTANCE OF 287.77 FEET: THENCE SOUTH 88'37'13" WEST, A DISTANCE OF 268.22 FEET; THENCE NORTH 01.23'00" WEST, ALONG A LINE 60.00 FEET EAST OF AND. PARALLEL WIlH THE WEST LINE OF SAID SECTION 27, A DISTANCE OF 292.55 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE 'NORTI IERLY AND EASTERLY ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF 25.00 FEET AND A CENTRAI ANGLE OF 910 18'38", A DISTANCE OF 35.84 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA,AND CONTAIN 83,950 SQUARE FEET,MORE. OR LESS, NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR MD MAPPER 2. NO SEARCH OF THE PURI IC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. 3. BEARINGS SHOWNgqIEREON ARE BASED ON THE WEST LINE OF THE NORTHWEST ONE- QUARTER ETE P ,SECTION00 1MA E4SYSE STATE OF NORTH EAST ZONE. RTHRAMERIC DATUM OF 1983.1000 ADJUSTMENT_ CERTIFICATION IHEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLES WITH STANDARDS OF PRACTICE AS CONTAINED IN CHAPTER 81G17-8,FLORIDA ADMINISTRATIVE CODE,PURSUANT TO SECTION 472027,FLORIDA STATUTES,AND THAT SAID SKETCH{ AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECtION. SURVEYOR AND MAPPER FLORIDA LICENSE NO.LS5111 teatant low# miw .------To _® Ottii 6�826820I7 as wt, 04 In 1009 art ,LSI( a•p IV. 70 SIIEBT 10F 2 18 P.O.C. SKETCH AND LEGAL DESCRIPTION NW CORNER- _ v ._(NOT A SURVEY) _ 1 {NOT 10Ot VO}45 43 N890 55'38"E 8fi D ' �.. _ . _ . BOYNTON BEACH BLEV P.O.B. `� N TINE sr:cTloN 27-45-43 NOW55`38'E 216.58' =25.0 L•38.55 b go. SOO*04'22°"E -y -. — _ 0.88°20'52'° U- WJW 22.00' —4 -, P LOT 1 A[ L•39.840I D-91°18'38" _ _. LOT 2 a o __ _.r_ SPL EASEMENT Cw (ORB 19094.PG.1699) !OT 3 N "AGREEMENT LOT 4 10.PG. 2) P jl�,�fn zI tO "FUNK BROS. ADDITION' ��--yLIN j Z OT 5 min �i170on r I LOT ( 0 'I i � SOSO 37'13"W 288.22' ` i N n _1101 R/W TO 8F ws r DEDICATEDo h 15' -•- p z p o I "AGREEMENT PLAT" — `� {P.s 10,PG. 2) i i c p IZ "pEWEY S®T 41 SUBDIVISION" (P.B. 1,PG. 37) iLIM i ABBREVIATIaS L ARCLENOIN a DELTA ICENtnAL ANCLEI l+B. LICENSED DI>61NES3 1 L.5. LICENSCa SRnvEyoN D.N.D. OFFICIAL RECORDS Dim P.O.H. POINT OF 8901*4HIfIO PAINT OF COIMNCEVEN1 PLAT DOOR S LINE-LOT 41 F.D.C.N. PALMOEACII COUNtT ALCORDS ®. PG. PACE .-... ®..,r —..®.. ®. P.S.R. PROFESSIONAL SURVErOA OCEAN AVENUE(SR 8t14} a uaPPrn NM RIONr•OF.WAY Pr°d ti woo O M-0.. �7� -_ JSH _.._ be i.4t� MAD, °G 1lrf _SP �i45a db&/7BP2pl;!' L 2OF 2 Exhibit"C" 19 (Public Parking) (see attached) 20 t 4 IL VAL _. .c.v.. —p _ S I 21Q can, Ei CA"COP fmvdvnwi }sy • • M • • f • I Av ix0 _. _.- e....w _P. a .. .. � .,:•y:. ® • _... EXHIBIT V' ANNUAL PERFORMANCE REPORT FOR (shalt be required annuilly) Time Period Date Prior to and during the construction of Phase I(if a plicablle . 1. Mired job placement consultant on 2. Hosted a job fair on Noticed through the CommunitV Outreach Partner,availability of employment opportunities related to construction of Phase I of the project on 4. Provided evidence of requirement in subcontractor's contracts to Dire and train local residents . Provided list of job positions and descriptions to Community Outreach Partner 5< Receipt of written confirmation from the contractor and subcontractors of the requirement to useminimum living wage on Prior to and during the construction of Phase 11 if applicable): 1. Obtained approval for a 100-room hotel on Provided written confirmation of approval of the 50 additional public parking spaces(identifying the public parking spaces)on -- Post construction n Certification requirements Phase I certification(if applicable) 1. Provided Certificate of Occupancy from the City of Boynton Beach or other governmental agency demonstrating Certificates of Occupancy for the Phase I's 231 multi-family units on 2. Provided a Certificate of Completion for 21 the Project's 8,575 square feet of commercial is completed as a Grey Shell on 3. Provided certificate of completion of the 50 Phase I public parking spaces on 4. Provided written confirmation of compliance with a Nationally Recognized High Performance Green Building Rating System on 1-3 DUNAY Gary Dunay Dwayne Dickerson Heather Jo Allen Bonnie Miskel ELe Zachanades Lauren G.Odom Scott Backman Matthew H.Scott Zach Davis-Walker "tom LLp Hope Calhoun Christina Bilenki April 15,2019 By email City of Boynton Beach, Community Redevelopment Agency Attn: Michael Simon,Community Redevelopment Agency Director 710 N. Federal Highway Boynton Beach, Florida 33435 Re: Notice of Extension of Tax Increment Revenue Funding Agreement between Ocean One Boynton, LLC,and Boynton Beach Community Redevelopment Agency Dear Mr.Simon: I represent Ocean One Boynton, LLC,the owner("Owner")of property located at 114 N. Federal Highway, PCN: 08-43-45-27-01-000-0410, ("Property") in the City of Boynton Beach ("City"). The Owner intends to construct 231 multi-family units with related amenities and approximately 8,575 square feet of commercial space on the Property("Project"). The Project received approvals of NWSP 16-002,CDPA 17-001, and CDPA 17-002 on April 17, 2017 ("Development Order"). The Development Order was originally set to expire on October 6, 2018, if the Owner hadn't secured a building permit by that date ("DO Expiration Date"). Due to multiple state emergencies in Palm Beach County declared by the Governor,the DO Expiration Date was extended twice:first to February 9,2022,via a letter received from the City on August 27, 2018 ("First DO Extension",attached hereto as Exhibit"A"), and second to March 2, 2023,via a letter received from the City on April 1, 2019 ("Second DO Extension", attached hereto as Exhibit"B"). Due to the Second DO Extension, Owner is writing you to provide notice of the new expiration date of the Tax Increment Revenue Funding Agreement ("Agreement", attached hereto as Exhibit "C"), executed with the intention of coinciding with the Development Order. Owner entered into the Agreement with the Boynton Beach Community Redevelopment Agency ("CRA") on January 16, 2018— when the DO Expiration Date was October 6, 2018. By the terms of the Agreement, the Owner was required to commence construction of the Project within two (2) years of the Effective Date of the Agreement. The Effective Date is defined as "the date the last party to this Agreement executes this Agreement." The Effective Date coincided with the DO Expiration Date,providing a 15-month and 10-day cushion between obtaining building permits for the Project and commencing construction. Accordingly, to provide the 15-month and 10-day cushion between building permit and commencing construction 1 based on the Second DO Extension date,the Owner isrequesting that the date upon which the Agreement was toexpire should beconsistent with the site plan date ofJune 12, Z024. As we had previously requested the Project date 10 be extended in all regards, please advise if any further action |srequired toextend the Agreement expiration date. Should you have any questions related to the above objections, please do not hesitate to contact nmeat561-40S-33OOnrvia email at . Sincerely, Bonnie M|ske|, Esq. Duno& Miske/& Backman, LLP 2 4 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard F.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-62.59 www.boynton-beach.org August 27, 2018 EXTENSION APPOVAL LETTER. PURSUANT TO FL S'T'ATUTE 252,363 Ms. Bonnie Miskel Dunay Miskel Backman LLP 14 SE 4"' Street, Suite 36 Boca Ratan, PL 33432 Rc: Ocean One—NWSP 16-002 (Site Plan Time Extension— FL Statute 252.363) Dear Ms. Miskel: We are in receipt of your request for a time extension for the above-mentioned project,as outlined in the guidelines established in Florida'State Statute 252.363,authorizing time extensions to approved Development Orders when the Governor issues an Executive Order under the Emergency Management Act. Staff has reviewed your letter and Executive Orders regarding 1) The Opioid Epidemic, EO 17-1.46, 1.7-177, 17,178, 17-230, 17-285, 17-329, 18-47, 18-110 and 18-177; 2) Hurricane Maria, EO 17-259, 17-304, 18-1.7, 18-80, 18-135 and 18-214; 3) Subtropical Storm Alberto, EO 18-150 and 18-157; and 4) Lake Okeechobee Discharge, EO 18-191. Based upon our review,we find the project eligible for the requested administrative extensions.Therefore,under the guidelines of 252.363,this letter shall act as approval of 1,222 day extension from the Commission approval date of April 4,2017 for development orders(NWSP 16-002 and.CDPA 17-001 & 17-0012). Should you require any additional information, please contact me at 561-742-6260. Sincerely, Ed Breese Planning& Zoning Administrator CC: Mike Rumpf, Development Director Shane Mittendorf, Building Official ne City ofBoynton Beach • PLANNING A ZONING DIVISON 3301 Quantum Blvd Ste 101 �f Boynton Beach,Flodda 33425-0310 TEL:561-742-6260 www.boynton-beach.org • April 1, 2019 2nd EXTENSION APPROVAL LETTER PURSUANT TO FL STATUTE 252.363 Ms. Heather Jo Allen, Esq. Dunay Miskel Backman, LLP 14 SE 4a' Street, Suite 36 Boca Raton, FL 33432 Re: Ocean One—NWSP 16-002 (2nd Site Plan Time Extension—FL Statute 252.363) Dear Ms. Allen: We are in receipt of your request for a second (2nd) time extension, dated March 13, 2019, for the above-mentioned project, as outlined in the guidelines established in Florida State Statute 252.363, authorizing time extensions to approved Development Orders when the Governor issues an Executive Order under the Emergency Management Act. Staff has reviewed your letter and Executive Orders regarding 1)The Opioid Epidemic, EO 18-235, 18-279, 18-362 and 19-36; 2)Hurricane Maria, EO 18- 236 and 18-281; 3) Lake Okeechobee Discharge, EO 18-249 and 18-311; 4) Red Tide, EO 18-275 and 18-0282. Based upon our review, we find the project eligible for the requested administrative extensions. Therefore, under the guidelines of 252.363, this letter shall act as approval of a request for a 207 day extension, plus the six (6) month tolling period, for a total of 387 days, in addition to the previously approved 1,222 day extension for the project development orders (NWSP 16-002 and CDPA 17-001 & 17-002). The combination of the two (2) granted extensions provide for a new expiration date of March 2, 2023 for the Ocean One project development orders. Should you require any additional information,please contact me at 561-742-6260. Sincerely, Ed Breese Planning&Zoning Administrator CC: Mike Rumpf, Development Director Shane Kittendorf, Building Official Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida July 9, 2019 Ms. Shutt advised this item was the amount needed that was not included as part of the overall park design. The amount had a $45K maximum for re-installation of the amphitheater at Sara Sims Park. The Board would have to amend the ILA to approve the amendment as proposed by staff and legal counsel. This is a reimbursement to the City. The item was also on the community's wish list. Motion Board Member McCray moved to approve. Board Member Romelus seconded the motion that unanimously passed. D. Consideration of Disposal of CRA Property for NE 3rd Street Dedication and Acceptance of a Portion of NE 3rd Street to be Abandoned by the City of Boynton Beach Motion Board Member Romelus moved to approve. Board Member McCray seconded the motion that unanimously passed. E. Consideration and Discussion of Notice of Extension of Tax Increment Revenue Funding Agreement between Ocean One Boynton, LLC and the Boynton Beach CRA (Tabled 5/14/19) Attorney Duhy explained several months ago, Legal received a request from the developer to consider changes to the TIF Agreement. The developer requested the item be tabled. Legal contacted the developer to ask if they wanted the Board to consider the request at this meeting and they sent a letter requesting the Board remove the item from the agenda. They would bring the item back closer to the deadline they were asking to change, which was January 2020. F. Consideration of Response to the Letter of Intent to the Palm Beach County Housing Authority to Assist in the Development of Properties Located at 404, 406, 408, and 410 NW 12th Avenue REVISED Mr. Simon explained the Board had sent a letter to the Housing Authority requesting a meeting and offering assistance in developing four lots in the HOB into single-family homeownership opportunities. The Housing Authority Executive Director responded it sounded great and they would schedule a meeting in early August between the two agencies. The Board could attend the meeting as long as the meeting was publically noticed and in the Sunshine, or the Board could designate someone from the Board to be a liaison or assign it to the Director or the City Manager. Board Member McCray favored the CRA Director and City Manager attend. The other Board Members agreed. 1 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: October 13, 2020 INFORMATION ONLY AGENDAITEM: 8.A. SUBJECT: Public Comment Log SUMMARY: The Public Comment Log and supportive document for the time period since the last Board meeting are provided as Attachments 1-1 I. CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D Attachment I - Public Comment Log D Attachment II - Letter from Boynton Diner 0 0 t � r � J U_ Z O N L —O W 5 ... Q L � N O 5 � � L E a e � C o m . U � N CD � N O O N N 'V N N 7 N �- Q U O t, s f i (6 C t s > O 1 t i T i � m J t' }r t r N O N N i � F. o d Service, 111 C. 00Ea.sa P "oolbtri ht. �adB t,r?t(.)i�Beach 11. .:.343 56 1) 364-1819 September2411, 2020 Bonnie Nicklien and Staff of Boynton Beach CRA, A simple Thank You cannot convey how grateful we are to you and your staff during this unprecedented time of hardship that our restaurant has had to endure. We are not only great full for the generous financial grant, but also with your advice in the direction to take to expand our outside dining area. The city has been so accommodating, helpful and most of all generous, it makes us proud to have the city's name embossed on our building, and as part of our business name, knowing that they are truly therefor the small businesses of this great city. Once again on behalf of myself, Bob Carpenter and the entire staff of Boynton Diner, THANK YOUfor everything you have done for us and for others in Boynton. Sincerely, Troy Wyman 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: October 13, 2020 CONSENT AGENDA AGENDAITEM: 10.A. SUBJECT: CRA Financial Report Period Ending September 30, 2020 SUMMARY: The following CRA monthly financial and budget reports for the period ending September 30, 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/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY2019-2020 CRA Budget CRA BOARD OPTIONS: Approve the CRA's monthly financial and budget report for the period ending September 30, 2020. ATTACHMENTS: Description D Attachment I - Monthly Financial Report for Period Ending September 30, 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- September 30,2020 Total Debt Service Governmental General Fund Projects Fund Fund Funds REVENUES Tax increment revenue 13,932,896 13,932,896 Marina Rent&Fuel Sales 1,168,931 1,168,931 Contributions and donations - - - - Interest and other income 225,982 157,815 5,416 389,213 Total revenues 15,327,809 157,815 5,416 15,491,040 EXPENDITURES General government 3,312,253 - - 3,312,253 Redevelopment projects - 10,442,937 - 10,442,937 Debt service: - Principal - 1,950,926 1,950,926 Interest and other charges - - 187,601 187,601 Total expenditures 3,312,253 10,442,937 2,138,527 15,893,717 Excess(deficiency)of revenues over expenditures 12,015,556 (10,285,122) (2,133,111) (402,677) OTHER FINANCING SOURCES(USES) Funds Transfers in - 9,553,549 2,139,852 11,693,401 Funds Transfers out (11,693,401) - - (11,693,401) Total other financing sources(uses) (11,693,401) 9,553,549 2,139,852 Net change in fund balances 322,155 (731,573) 6,741 (402,677) Fund balances-beginning of year 2,906,346 11,849,341 109,356 14,865,043 Fund balances-end of year 3,228,501 11,117,768 116,097 14,462,366 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. 1 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach,Florida) Budgetary Comparison Schedule General Fund Through Year to Date - September 30, 2020 Original Budget Final Budget Actual REVENUES Tax increment revenue $ 13,816,071 $ 13,816,071 13,932,896 Marina Rent&Fuel Sales 1,100,000 1,100,000 1,168,931 Interest and other income - - 225,982 Other financing sources(uses) 50,000 50,000 - Total revenues 14,966,071 14,966,071 15,327,809 EXPENDITURES General government 4,157,606 4,157,606 3,312,253 Total expenditures 4,157,606 4,157,606 3,312,253 Excess of revenues over expenditures 10,808,465 10,808,465 12,015,556 OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (10,808,465) (10,808,465) (11,693,401) Total other financing sources(uses) (10,808,465) (10,808,465) (11,693,401) Net change in fund balances $ - $ - 322,155 Fund balances-beginning of year 2,906,346 Fund balances-end of year 3,228,501 The notes to the basic financial statements are an integral part of this statement. 1 > O o,R o\° o\° o\° o\° o\° o\° o\° o\° 9 o\° o\° o\° o\° o\° o\° o\° o\° o\° o\° o\° o\° o\° o\° o\° o\° o\° o\° o\° o\° o\° o\° o\° o\° �7 L N Ln W O N O O O O O a-I ro c-I Ln 7 Ln m 7 c-I c-I N M m N to O c-I 7 Ln O W W O N to O O .� W O O N O O O O O fn Ln O c-I n m c-I m Ln O c-I Ln n Ln N O to to to O 7 Ln c-I n m O W O O O O O O O M 4 4 7 to m W n n -i m W M W N O -i to O O W c-I n n to E M N O n M N m M N M Ln n N Ln N O N ro I M Ln W M n W w O u ti ti a A+ M c Y/ o� O 0(I O n O m n m Ln N O W N W O 7 to N 7 n W to 7c m N O Ln M to O M Ln O to O O c O N O ti o0 ti O N O I� LQ l0 l0 LQ l0 N -! l0 � � N o0 � N O � o0 O LQ � O o0 LQ O 'E N N Ln o0 r, O o0 O M Ol LSO c�-I o0 N m o0 ON O O M � n r, �Ln n o0 M � n O coo �-I r, O W ^ \ E oc O �--� �--� LO Lr � O a a-I M O M r, N � N N LO N Il c-I N I� c-I Lf1 01 V/ L Lo Op N � O N M Ln � Ln N M N c-I c-I M ro M M c-I c-I M Ln M -4 O N W N M N M N O N N N m Ln O d M O to ca N Q 0) � u O M O m r, m Ln ti O v Ln N O Lo a w Lo m N a Lo O ti w O Ln r, Lo O r, Ln O ac O n O -! W -! O N O N O M M n W M Ln Ln n N Ln n O Ln c-I O Ln O -! Ln to O O m O O N O O O1 to 7 W 7 O n m W to M to 7 m 7 O M n W Ln c-I Ln m m c-I m N Ln W n O W O O n W N Ln to n m N to N N N Ln N to M n m M N w N y� N w m to Ln 7 O fb O 7 to 7 N Ln n O w Ln w n M N N N 7 M to Ln f0 m N N N ZF O N M N ZF ZF O zF Ln zF W N N N N l0 N c-I Do M l0 O N W N N to n }P M M N W C c-I a-I Q W O O O W O m O W O Ln to 7 to O O 7 N O O O O O O O O O O W O M n O Ln O O O O O N Ln O m O W Ln N N O Ln m N O O O O to O O O O O W O O M O m O O O O M c-I M O W O w O O Ln O O 7 m m O O O M O Ln O O O O O M O O to O •' m W Ln n 7 m N M N M O QN Lr N m N N It to O N N N l6 CC N N W N O F- 4) O M O c-I n O Ln M O O1 m W 7 to 7 7 7 M N 7 to O c-I W O Ln n W O 7 W O m O O n O N l0 l0 O N O fi O c-I W W l0 M Ln Ln n l0 Ln n O Ln -! Ln O 't -! O -! Ln fff to O O to m to N N O N Ln 7 M 7 m N O m to M to O m m O M n n Ln W Ln m N N m N Ln m N N W 7 M M m N N M Ln Ln N to N N N O to N n n m N W N m Wm r- m l0 O 7 Lr �--� N l0 7 N N N O �--� oc 7 W n M N O �--� M N to Ln N N Ln O N N Ol N M O to Ln 7 to N N N N N N N to ro l0 W N W N O M N to m m r- N M N ro Ln C N N N m O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O toO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O -O c-I O O O O O O O to n O O O O O to O O Ln O O O O O Ln O O n O O O O O O 3 n O O M O O O O Ln Ln Ln O O M O O O O O n O O m Ln O Ln O O O m O O O m O Lr Lr O n n n W O l0 7 Lr O O O O m N O N O 7 O l0 O O Ln N n to 7 to to to n N N N N 7 to r, N u c-I O O M Ln N m N c-I N n y� W c-I O m fb ro ci Ly M N Ln r- N O O O O O O O O O O to O O O O O O O O O O O O O O O O O O O O O O O W O O O O O O O O O O Ln O O O O O O O O O O O O O O O O O O O O O O O u � O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 7 u C W H N i+ O F d 7 C d J d !r W a r W In n n w V ¢ ¢ ¢ w 0 Z_ Z_ Z_ w w V Z fn w K w D Ln V w w H Z fn w H J zO O Z 'n fn n' z p fn Z fn Z LL Ln V w w w 'n w o w z V' a w V w w 2 fn H fn V a °� w Q O n n z O Z V J co z j W w z z O w ZO z V O w J Z H D Ln V Z O W In V W w Z D W W a J ¢ W PZ w W > a = Q H J w= PZa O > U u Ln KZ LL z w Z z Z Lu to a w L+J to w a a H a Z w H fn w V w J ¢ Q ¢ ¢ vHi ¢ LL Q fn > Z O > Ln w a co w Z V w > V OV z w z z w w CJ w w 0 Lj m ,.,�., w w Q U 'n a Q W CJ m w w K V K fr w Z V w H w p > V ¢ p > w V H fn Y fn ~ Y O > w ¢ ¢ H Y fn ZO > Ln w Lwl. ,n w J W fn J m O Z Z w [D E g g g g z z g p V ¢ ¢ o O a u ¢ o u O a u vii m ww a m m ¢ o u C: z" O O m o LL busy v o hL-t15 il LhL-n15il r.,hL-1�5il 0 ML-15i 0 "ML--15ii L"ML--n LhML-n15il lhML-t15il rhML-15il mhML-15il cMML-15i LMML-n15i 0 MML-15i LMmL-n15i 0 MmL-15i 0mL-15i 0rL-1�5ii 0rL-1�5ii L-15i LL-n15i L-15i rL-15i. m O 1- ¢- C ¢- *7Lt1p N It 1- N N N N NL-15i 0 p l.o r, oo O O O O o o J Ln Ln Ln Ln Ln N . J W 0 0 0 0 0 m m m m m N �i l.o r, oo a) a 1- 1- 1- 1- 1- 1- 1- 1- 1- 1- 1- 1- 1- 1- 1- 1- 1- "- "- "- "- "- "- "- O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J , 0 "-'� N t 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v7 m 7 00 O 00 O to r` m r` Ln 00 rI O O M O O N O O M00 O 70 O O 00 O 7 M 7r, O c-I O to m to to N N Lf1 N11 77A O O LO O 00 Ln m m 7r- N O O M4 O Ln O O to W r` N m N O Ln O M r` 7 O O r` O N m W m W r` TO C 7 W a; 7 O O O to a; a; 7 c4 a; O r` 4 7 O to O O 7 Lf1 7 to W o0 O Lf1 O M N r` Lf1 O M O O M m' O 7c 7 N N l0 W M O N N m W M m O M r` N N O O Ln rI c-I W m O r` to N to N N N N r` N N 00 w M Gl 11 01 O O N pq c-I N O rI M O c-I Ln O O O rI m O m O O O O O O Ln m O r` M 7 Ln w O to O 7 7 O W 7 N Ln Ln c-I w c-I w O C M -! O O r` O M -! M 01 O r` W O 01 O O O W O O 01 N O 7 -! LQ O r` O W M 7 7 O 01 7 l0 01 O 7 l0 01 M N C I- 7 00 O 7 O M M n m m 00 r` O O Ln 7 O r` O O 00 I, O O n N N I, O r` M Ln O O m O N Ln O Ln I, to m ', N to m N A O M 7 W 7 M M W W M 00 r` m O Ln rI 7 m O O N Ln r` N Ln O r` r` N to Ln m Ln N m N to • N N 00 7N r` r` M 01 01 Lf1 M 00 M N M N M N O l0 N f` N Lf1 01 Lf1 O l0 N N f` N 01 N M Lf1 f` Lf1 00 LO m �t W O I, M N N N LO M N N m Ln Ln LO m N M N 00 00 N N ) N N N M N N N N N �t Ln 00 N M N Oto N N N N Gl RD Oo C m ma D: Gl m W O m r` O m Ln O O O m c-I O rI O O O O O O Ln c-I O M r` to Ln N O 7 O to to O N 7 W Ln Ln m N m N R u to W O o� N O to W r` -! O N c-I O O O O O N O O O r` O LQ o0 7 O N O -! r` LQ LQ O r` M O o� LI) M O to 0 N Ln 00 m Ln O to to N O m m N O m Ln to O N O O c-I N O m N N N N O N to 7 m O M 7 W 7 m 7 W M O 00 r` m r` W to Ln N N m O 7 W 00 Ln 7 O to W O to N m W 7 N N W M Ln Ln 00 7 r` O W 7 N to r\ N O r\ � r\ N N LO r\ Ln N M 00 'tN 01 W 't � f\ r\ W N It W 't LI1 r\ LO � W LI1 N N N M Ln Ln N Ln to N N w O M r` N N 00 M O Ill 7 N 7 Ln M N m to Ill �t r\ N 00 Ill N 00 N �t W Ill N M m M 00 C N N N N LO r C W M O O � O O O OQ O -! O W OQ O O O 7 O ON O O � O! O O � w O M O � O c-I -! O -! M M O r` N W M to W Ln O m 7 O O r` Ln O o0 O M O O O O Ln O O O m r` O c-I c-I c-I O Ln O to O 7 r` O M O O M M o0 Ln N to Mw Mr, to W 7 N r` N m N O r` O Ill r` to m M M W N N r` m O N Mr, M Q N N r\ O r\ O N N N N N M 05 O O � M O Lf1 N M O N I� N N l0 N N N N al N l0 l0 M N N p N N N 00 O F Gl 7 W O O m O m Ln O O O m c-I O c O O O O O O c-I c-I O to Ln o0 Ln m O m O Ln M O Ln r` 7 Ln 7 r` O to O wc M o0 O O c-I O to M r` O O 7 to O O O to O O O O c-I to O 7 a� W O o0 O -! r` 7 7 O LQ O O O N M LQ r` O N 7 O W O c-I O to m r` O c-I o0 o0 O m Ln Ln Ln N O O c-I Ln O w O O N to O Ln to O N O O 7 W c-I to to N O 7 7 M m N to to to N m W w 7 m O W r` Ln m to O W O 00 N O N Ln 7 7 r` W O to N 7 N N r` M 01 7 N N to to 7 O N N 01 Ill 01 ll7 l r` W 00 Lf1 7ato Ill O Ill 7 M N N N M I, Mc �--� �--� LO W w Ill O N m M w �t W LO O Ill M N 00 to Ln to W Ln N r` N M 00 N r` M O C N N N N LO C to d m � O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O j O 7 O O O O O O O O O O Ln Ln O O O 7 O O O O O O O O M O O O O O O O O O W O O O O c-I O O m LI) M Ln r` r` LI) LI) O O O aM M LI) O Ln LI) N O O O O M v N O O O O O O Ln O 7 LI) m O O to O O N N N NcO Ill N f` N N N Mc M cLn O Ill Ill O Ln Ln Ill N 00 f` N N N M u f` l0o O M N N N N f` Mm 01 l0o W N N 00 N N N M 01 M N O N N N N N N N N N 00 LL In O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O to O O O O O O O O ow O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O LnO O O O O O O O to O O O O O O O O O O^ r,O N Lf1 E Lf1 N N N Ol Ol N 7 u C W Z V w m Q W pZS In W H J z J W S Q z Q o O w V z C7 Z V LL Z w w Z in W w in Ln w 0 V m Q V O J Q w z � Oz w L, W z ZLn HZ � w Z � 0 wV' Z DLz w n Z K O wW V °2S w in O m a co w w w Q w in w ul) c Z O w Q W LI-I z Ln V Z O W J Ln Q Z L Z V O W Z U z J W W L.L W z In W LL' V O W J z C In W W J J w 0 0 m V O Q J vii O vwi H W w w 0 m Q Q 0 J Q w z w U m Q Q w w a v~i - 0 , Q W W H m Z Z a m H W w c w = vwi w W W D Z D H D H W Qc w m } Q W O in o2S w u W c W w J Q Q W Q Z C G_' } In W o W V H W O W H w w Q Z W V V V W W V 0 z < V w V in w K K K ~ Z11) 0 V c mc w w w V in w = w Z_ Q a w U w Z_ z w J Q Q LL J m O LL S Z Z Z m } O w J G_' LL J m O LL Z O < Z S O Y S } Z V H z O V 0 Z O V vii m 0 wU 0 OV OV V a Q V WO V v� m 0 OV a wU a ? > 2 m n w Q O Q Q LL w Q Q Q O N V W O w C7 V Z O Q d < d CO C'J 0 1.15 O 1.15 O M O " O 1.15 'D h� m O 0 1.15 O 1.15 O .-s hl 1.15 cX7 m O 1.15 Qtr O m e-i hl 0 1.15 'D 3 0 't Ln Q,o Q.o 0 e-i O O O O 0 hl hl hl hl e-i 't Ln QLY Q.o O O O O O 0 e-i e-i e-i e-i hl hl hl O 0 't 't e-i hl hl hl hl O Kyr m M M M M M It N N N N N 1- hl hl hl hl M M M M M hl hl hl hl hl hl hl hl hl hl hl M M N N N hl M M M M M hl 0 v5 v5 v5 v5 v5 v5 C'J C'J C'J C'J C'J C'J C'J C'J C'J C'J C'J C'J C'J C'J C'J C'J C'J C'J C'J C'J C'J C'J C'J C'J C'J C'J C'J 0, 0 0 0 0 0 0 0 0 0 0 N hl hl hl hl hl hl e-i hl hl hl hl =.T' *KI" *KI" *KI" *KI" *KI" *KI" *KI" *KI" *KI" hl hl hl hl hl hl hl hl hl hl hl hl hl M M M M M M M M M L15 0 M It *eY' *eY' *eY' *eY' *eY' *eY' *eY' *eY' *eY' *eY' *eY' *eY' *eY' *eY' Qp Qp Qp Qp Qp Qp Qp Qp Qp Qp Qp Qp Qo Qo Qo Qo Qo Qo Qo Qo Qo Qo Qo N m Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 �" i+ 0 N t 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v7 O •� lO 00 to M 70 O m O M00 c-I to Mr, O c-I to O M to O O N O O O O Ln to M lO 7 Ln W O N O Ln O N 01 M c-I Ln to O Ln N O N O c-I 7 r` W c-I Ln c-I O to 7 O m c-I O O O Ln N m Ln Mr, W c-I O c-I O O O w C •m W 01 N c ` O 4 r 7 to O N Lf1 01 c4 r` 01 7 O M M O ti o0 O O O M M to of o0 of c4 c4 O o0 O O O LA C`7 N N 00 O c-I O Ln N r` m r` N N m O r` M O O N N N to N O N O iS7 en Gl 11 01 O O N Oq O c-I O O r` O to O O 7 O Ln O O r` O N c O O o0 O O 7 O O O m 7 O O r` W Ln M O M O O O lG O O C O M O l0 7 O W O O O O -! O O l0 7 W M O to r` O O W O O O -! r` O N -! M r` W O r` O O O V n N •C m o0 Ln N r` O O Ln O o0 O N c-I O o0 m M o0 O I, n O o0 c-I O O O O Ln Ln o0 I, o0 I, O O o0 O O O T N • N N N N 00 O c-I N O Ln 00 O Co N N O O r` O O N m N Ln N r` O to O O Ln W N M 7 N 00 O M Lr O M N m Lr N l 7 N 7 W N Lr l M 7 M Ln Ln N M 00 M N to Lr N al to O O O V N W Ln LO r` O � W LO M N M N N N N N M LO N Ln Ln N CJ 1p C) O N N N r- N M W W O cn Gl to R o 3 m m Gl O m O O M O 7 O O to O Ln O O M O o0 m O O N O O to O O O c-I to O O M N Ln r` O r` O O O V O m u O to O LQ O -! O O o� O W O O M to c-I to O to N O O -! O O O W N O o0 o0 to N -! O N O O O 00 V 0 N O c-I Ln r` N O M Ln O c-I O r` m O N O to N O Ln N O N 00 O O O M 7Ln N N N N m O N O N m m Ln O r` r` r` N r` W to Ln N m 7 Ln N O N O to m to N 7 r` to to r` r` N M Ln 7 Ln Ln m O c-I Lr 00 c-I M a M N M m M O Lr a M Ln m Ln N f` N 00 7 M Ln M 00 Ln W N ca I, M N r, N M N N Ln M N N M N M O N N M M Ln a M v N to N N N r` Ln N O r` rn LLn O N 6 N m Ln W � O O O c-I m O O O O O O O O O W O O O O O O O O x O O O Ln c-I O O O M Ln m O M O O O O Ln O O O N to O to O O O O O O O M O O O O 7 O O O M O O O to r` O O LQ M N 7 O 7 O O O N (s9 Z m O O m c-I O M O O O O O O O O Ln O O O m Ln O O r` Ln O O N Ln N O 7 r` r` O O W O O O O m N N Mc N c-I M m O r` O to O N 7 O M Ln n u w N M N N N N N N 00 m Lr l Mo n Ln m N Ln M 00 Ln V v m N 00 W C N r F Gl O m O m 7 O 7 O O to O Ln O O Ln O o0 m O O N O O W O O O to Ln O O M m O W O 7 O O O V Ln wc O to O -! W O LI) O O o� O W O O o� to -! to O N N O O r` O O O c-I LQ O o0 M N O to O W O O O uG Il� m ci c-I Ln o0 O O m Ln O c-I O r` m O O Ln toc-I O to r` O N O Ln O O c-I W M c-I o0 Ln o0 O N O N m cn 00 00 r` r` 7 W to 7 Ln Ln N m 7 7 r` O N O N m to N m O Ln 00 to to N N N m Ln 7 O N m 00 N Lr Lr O c-I M a M N M W N O Lr r\ O Ln 00 M 00 Lr 00 00 O Ln a M W Ln W T N MN r, N m N Ln M N N M to M to O M N I, M a M N n to N N rnN l0 `~ N N Ln I, V •C N al � � C N to d m O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 'p O O O O O O 7 O O O O O O O O O O O O W O O O O O O O 7 O O O O O O O O O O N m n O m O O� O O O O to O O ON OM O Lr O O n N O O 00 O 00 O Rt Ln O O a 00 O 00 O O O O to O W Ln O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f` M N W al O fo O l0 l0 l0 N M Ln N N N M ao l0 N N Ln N oo N O �--I l0 Ln Ln O M N u N N O l0 N l0 Ln c-I W al M Ln cLn l N N N N N Lr1 00 y N m Ln N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O w O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O m m u Oi O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o o m c-I O O N N N E ri v v E � a a u C W H VI m m i+ i+ 0 0 F F H z c x LL X � W Q W G- W Z z W ¢ Z W Lnz In L } D w w V w W D J W J Z ~ = O 2 Z Z V m Ln U j O u 2E Z ¢ w n = '-'-' Z O w O z w z `n vwi w O m Z m 'n w w O Ln Ln 'n w O 0 D ¢ w `n w ¢ ¢ a u 5 co � w w 2 > � � Ov u , w 2 � � z ?Ln u u � u w m w n z oO - w cO = z M V o } w Z in = z = z =p o w z in = Q W Q Q w z z a p Q O m O ¢ vw V � W w = = 0 Z m n W w O z m a z w w p a w J w Z H w Z w w = Ln w Q d O a z w w = w d , O a w Z OV Ln in < D � M Q H m m u p a z w Ln m g co a z w V) g � a g Ln z z z z 0 ~ W Ln Z W ? Z ow S2 Ln L Z O J O W J m 0 W 2 M W J m O V M � � ¢ Z w p w O 2 Z w E u u Lz—L H wU m a Q Q Q o u a 0 u vii m O a Q u 0 u vii m Li a = w = Ln > > u H Z m z `o CL W ¢ � o �r UQ LL ' 0 hl 0 0 0 0 qtr as Lr5 qtr r m qtr 0 0 n 0 n 0 n t s 0 0 n 0 a m 0 0 0 3 e-i e-i e-i M 0 0 CJ e-i e-i hl hl hl hl M e-i It Ln Qo Qo 0 hl hl hl e-i It Ln Qo Ln Ln Ln Ln Ln Ln Ln Ln Ln Qo Qo a) a) F Kis CO 3 hl hl hl M T.4' hl e-i hl hl hl hl hl hl hl M M M M M e-i hl hl hl M M M M e-i e-i e-i e-i e-i e-i e-i e-i e-i e-i e-i a) a) W 0 0 0 CJ CJ CJ O O O O O O O O O O O O O O O O O O O O O Orvt Orvt Orvt Orvt Orvt Orvt Orvt Orvt Orvt Orvt Orvt O 4s tv •� ¢ .-s .-s .-s .-s .-s .-s rrrrrrrrrrrrrrrrrrrrrm m m m m m m m m m m m m a � � LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 LI5 "'� D CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ CJ 0 O --� 0t 0 0 0 0 09 o 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 o 0 0 0 0 0ell v7 C '� O O O O I, n O O O M M n ci M 7 00 m 7 to O O Ln N Ln r, ci O O N NO O O O n T O m O o0 to N Ln r, ci M N N m a O O N Ln I, Ln O O N 11 •m O O O O N O O 7 O n o0 to M M6 ti to Ln N t\ O O O � 7 O O O O O E O N N O to W to N N M to N N N c-I Ln Ln O iS7 en d11 01 N N N N r„7r O O N to M m m O O m O Ln 7 Ln m N m O 7 m O O to m a O a O c-I o0 O O I, N Ln O C M Ln c-I O O W O I� M O n O Ln M O O o0 l0 I� n O n Ln to Ln O N O V N C 7 W N N N V O M O N I, O n W W Ln Ln N N Il N Ln O Ln W I, M I, O Ln N Ln m to Ln m I, O O O W Ln N N 7 O Ln O 7 N Ln Ln c-I O N m N N N O N a Ln • lR lR O W V O m m N M I- m M m O Ln M N n O a Ln M m M O m Il t\ W to c-i m n c-i r4 O 7 c-i n W Mc 7 -Z M Lr N c v Ln c-i V O W c-i W -Z c4 l0 00 Ol 7 to O n n O to M 7 Ln to A I, to oo Ln I, M Ln M Ln a 0 Ln I, Ln N to N I� M to W N N N l0 cn N N to C3 m m D: d M m m O O N O Ln to Ln c-I O O c-I c-I N O m W O ac c-I N O O m N N R u M Ln c-I O O a-I O N Ln to m 7 o0 O O to O O c-I (s9 N Il O n 7 Ln M Ln O Il� O W 0 Nw N O m ac to M N M N N O N W Il m Ln N Il W I, Mr, O uD W m to Ln Rt l0 m N M Rt to m Ln Ln m to Rt 00 m Il N Ln l0 m N I, N N a t\ m l l 7 Ln m O Ln m I, �--� N O Ln M 7 Ln N T Ln W N Ln M N M Ln N t to N m M ri Ln N 0o N Ln 0o c-I 0o to l6 Lr NNZ Ln o Ln n Mm 0o 0o W N 09 t to Ln N M N 00 Lo Ln N I, MN Ln N Ln a m M am Ln N Ln m O Ln oc Ln Lo M Ln a r\ a '6 o Oi Ln c-I c-I o N N c-I N W 0 0 0 0 0 0 0 0 0 0 0 0 I, O O O N O Ln a a M O M O ti 0 0 0 N w N O -! O O O rl O O O O O n O N O O O N u0 Ln to O tq 7 Ln O O O T N N Z O o0 O O O W O O Ln O O N O 7 O to O M Ln I, M O m o0 I, O O O Ln N m M m O o0 O N Ln to o0 N n N N m N N O an Q M m O O Ln o0 O Ln o0 T Ln N N Ln M N N o0 N W O to N n M o o (n ' 7 N M m Ln W W m Ln Ln Ln Ln Ln Ln rl F N N N N 4) M m m O O N O Ln to Ln c-I O I, O c-I c-I O O m Ln a c-I O N O O N O O N m O M c-I O O O O N Ln to m O O O o0 to O O o0 Il� n c-I O N O O M Ln O W N m O N O m W O j j M N m m N Ln Ln N N Ln N N a O O M I, O O m W m M Ln 7 N m M M 7 Ln to Ln m m m 7 O N T m Ln a n N O a t\ m to M Ln O O m Il to O M o0 Ln M O T c-I o0 O N M l0 a m Lo m m M O1 c-I 00 N N m N 00 Lo m Ln t` 0o 0o Ln m Ln m 00 Il t\ W Ln Ln O M O W to m I, O N Ln N m t\ W M a N Ln co Ln I, Ln Ln l0 M a N N N N N T N C m pi Ln c-i c-i (n N N rl N to m O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 09O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O -O O O O N n m O O O Ln O o0 o0 O O O O O O rl N O N N O O n Ln O N O N m r, Qo 0 0 0 " 0 oo oo O O Ln O O O v r` Ln an O O m Ln O an r\ m O Lo i. O O O m c oc Ln O O M m c c Qo 00 o0 00 c 0 ti Lo O oo 0o r, ci 00 O O Ln O O M o N M W N O Ln o a-I O o n Ln c-I to u O o0 W O O N M O w Ln M 7 to M Ln M uD n V to m to V n N Ln I, N n N N lR O Ln N to O t\ M M N N N O O O O O O O O O O O o0 M O Ln O N O O N N O O O O O O O O O O N w O O O O O o 0 0 0 0 0 " o O a 0 0 0 0 0 o O O o 0 0 0 0 0 0 O m c o 0 0 0 0 o 0 0 oo 0 o a ri o c-i o Lo D o v v o 0 o 0 0 0 0 0 o o o to O Ln Ln W Ln Ln a a Ll E ti oo N m m m m rl 7 c-I N N N N C W .. .. .. .. .. .. .. f6 f6 f6 f6 f6 f6 ++ F F F F F F ~ j Vii j Vii (W,) O Z y c 7 y v > c LL W F W In � V F w Z w m n Q O O p Z F.- un un z Q Q a m w w w O W O W H N O wp w V H H W Z z w vwi O J in 0 c wc w W w O O O W C ~ J J O z z Z > W > z J Q Q F- F- - W Z V � w w W w H O Q _ _ w Z W a- z w Q O V w W W w w LL z W z x x z W 0 W w J W Lu W V V 0=' 0=' H w Z Z p > V O W Z Z w w Z w U O Z z V Q O z o z > > > OU z a a z z 0' o2S z Q Z w U w V D Z U Z_ Z Z Z Z ti ti ti ti Q Q in J w z Q W Z O � > > > Ln w O O O O a j PZ w w "' � J vii Ln '-'-' z Y z O O O O z Ln zw ~ c� O O w 0 L` L` OV cQ O O O ~ O O O O z NLL z C O H V V J o] V In z w C V V V z H o] o] o] o] LL Z i' C Q d "i txo V Ln Q.n M ct' Ln O O O 't' Ln ct Q,o O 3 O O .-s O O O O It. It. It. Qtr r, oo W -s hl hl M Kis Co y hl hl hl =.T' *KI" *KI" *KI" *KI" *KI" *KI" *KI" *KI" *KI" m y of of of of of . V1 3 0 0 0 0 0 �n 0 0 0 0 0 0 0 0 0 0 0 0 0 F 3 o 0 �n 0 0 0 0 0 N > u c O O O O O c O O O O O O O O O O O O O [� c O O c O O O O O 0 m d - - -i hl hl hl hl =.T' *KI" *et' L15 U) U) W d -i m W of of of of of tV •� Q W 't' *.o oo a) a) X of of of of of of of of of of of of of 0Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Lf) d *:Y' m X m m m m m � N hl hl hl hl hl W hl hl hl hl hl hl hl hl hl hl hl hl hl m M M W m m m m m Kv D O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 O \ t N /' O N m .� O E E a O O N c o v N C c-I N c-I Ln 1to Ln Ln CE N n n n Loo � Lo a K M N O !D LL y N ri d to Uq 'O m m ma m u � N O 00 Q Ln M c-I W M N Ln n I tQ N ro a rc W Ln 7 W Il M Ln N N Z M I, N m u n n O Ln Q n Ln I, O Lr N O Oi p to to Ln N CN t m Ln 0 c N u Ln n N m m oo Ln M W N m I� m m m a m oo r-:, to oo Lo Ln n C r ry C � to d m O O O O 09 O O O O p O n O 3 m oc cl N rl � n n H n n H O N O N w. M O O m C to 7 O O m O Ln W Ln (n E M n 3 N N u C W f6 0 0 F t O G d 0 0 Z j D U_ W W n w Q u W W W n z O m W � W C LL O O O O Q N bb 3 00 m � mry N D a 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: October 13, 2020 CONSENT AGENDA AGENDAITEM: 10.13. SUBJECT: Approval of CRA Board Meeting Minutes - September 8, 2020 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the September 8, 2020 CRA Board Meeting Minutes ATTACHMENTS: Description D September 8, 2020 CRA Board Minutes MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ONLINE VIA THE GOTOWEBINAR PLATFORM BOYNTON BEACH, FLORIDA ON TUESDAY, SEPTEMBER 8, 2020, AT 5:30 P.M. PRESENT: Steven Grant, Chair Mike Simon, Executive Director Ty Penserga, Vice Chair Thuy Shutt, Assistant Director Justin Katz, Board Member Tara Duhy, Board Counsel Woodrow L. Hay, Board Member Christina Romelus, Board Member 1. Call to Order Chair Grant called the meeting to order at 6:23 p.m, after the adjournment of the City Commission First Budget Hearing. 2. Invocation 3. Roll Call Roll call was taken. A quorum was present. John McNally, Director ITS, explained how the meeting would proceed and how the public could participate. 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda There were no changes made to the agenda. B. Adoption of Agenda Motion Board Member Katz moved to approve the agenda. Vice Chair Penserga seconded the motion. The motion unanimously passed. 5. Legal A. Ho v. City of Boynton Beach, et al. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 Tara Duhy, Board Counsel, explained the CRA was served with a complaint, filed in the US District Court by Wing and Karen Ho naming the City, the CRA and the City Building Department alleging a number of allegations under Section 28 of the USC Section 1983. Their answer will be due on September 15th. Her firm analyzed the complaint and will likely move to dismiss in lieu of an answer as the allegations in the complaint are directed at actions taken against the City and not the CRA. Should it get past the answer and motion to dismiss stage, they could schedule a shade session. They are coordinating with the City in defense of this action. Chair Grant recalled the Board had the opportunity to buy the property for $140K from them. The Board countered offered for $120K, which the Ho's declined. He asked if they have another opportunity to purchase the property and at what price to end all litigation. Attorney Duhy explained the complaint does not get into that; it was more of actions taken regarding Code Enforcement's handling of the property. She thought at the appropriate time, Mr. Simon could reach out to them, after the case is dismissed, and see if they would be interested, but would be careful to do so, in light of pending litigation. She suggested conveying the thoughts to the litigators, but until the litigation takes a different tone, she suggested refraining from that type of behavior. Chair Grant was aware Mr. Simon should not speak with the Ho's. He asked if the CRA Board was interested in purchasing the property and seeing what price they wanted or seeing how the case plays out in Federal Court. Board Member Romelus commented if staff and legal advise them this is a direction to investigate and see if it was an option, she was open to doing so, but at this point, she suggested following Legal's advice as did Board Member Hay. Attorney Duhy explained the answer was due September 15th. If the Board directed her to, she could schedule a shade meeting immediately before the October meeting. She explained what a shade session was to the public. Chair Grant was not in favor of the shade session. He wanted to see if the case was dismissed or not. Board Member Romelus commented, in response to Chair Grant's request, if this was the route he wanted to investigate in terms of trying to see if there is a settlement offer, she would be in favor of a shade session. If not going that route, there is no need for a shade session. Chair Grant requested Legal counsel making an offer to end it. Attorney Duhy did not advise that happen before September 15th. Chair Grant explained the CRA should file the answer and then ask for the offer. Without Legal having to argue the motion to dismiss, they could end the litigation, the City can obtain the property, or the City could move forward with its foreclosure complaint. The CRA could spend the money to defend itself and the City could spend the money to defend itself. Attorney Duhy explained the allegations are numerous with respect to actions from the City. She thought if there would be discussions about settling, they should schedule a shade session when warranted. B. Considerations of Revisions to the CRA Letter of Intent to Purchase Property Policy Attorney Duhy explained there is a lot of interest in CRA properties and many parties are sending unsolicited Letters of Intent (LOI). In providing guidance to those individuals on 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 how to proceed, up until the public hearing when they would discuss them, it became clear to staff and her they could add clarity to the existing policy. They added additional details regarding the procedure that occurs as soon as a LOI is received. The LOIs are unsolicited and are not governed by the rules and regulations as when they issue an RFP. It is important to have a clear policy for LOI's especially when they receive more than one LOI for the same property. Attorney Duhy proposed three options as contained in the meeting backup and reviewed each one. Discussion followed. Board Member Katz was concerned and recalled at the last meeting, a LOI was brought forward. There was meeting backup and a presentation made the public had not seen. He would like future LOls, when initially put on the agenda, not to include backup and have a built-in 30-day delay so the Board would not vote on it at the meeting. Some of the unsolicited offers could be projects people had never seen or thought about. A 30-day delay would apprise the public an entity is interested in building something. Board Member Romelus understood if the LOI is not received in time for publishing it will be held until the following CRA meeting and thought it solved the 30-day issue. If staff has published the intent to dispose, the public is notified of interest in the property and the LOI and all the documentation submitted is public record and is available to the public unlike when an RFP is issued because the LOI's are unsolicited. With RFP's there is a period of time the information could not be discussed. The only difference between bringing it directly to the Board and publishing the notice versus publishing the notice immediately is there is notice to the public that someone is interested in the property and they can submit a Public Record Request. Chair Grant asked if their policy could extend 60 or 90 days if receiving a LOI. Attorney Duhy did not recommend it as a policy and thought if adding more time, she recommended issuing an RFP as it has a shielding period of time. An RFP should be issued if longer than 30 days. Board Member Romelus favored the market indicating what they see was possible for a site as opposed to the Board dictating what could be built for a site. She was okay with what Attorney Duhy was proposing. Chair Grant was satisfied with the current policy. If they approve it and negotiate it for 90 days, the current draft does not show their ability to negotiate. If they receive another LOI, they can cancel the first LOI and go with an RFP. Attorney Duhy explained they could take out the 30 days and just issue a notice of intent to dispose so the Board had the discretion to set the time period. Chair Grant requested a motion to table the item. Attorney Duhy could speak with the members one-on-one about it and draft a succinct policy based on the feedback. Motion Vice Chair Penserga moved to table. Board Member Katz seconded the motion. The motion unanimously passed. 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 6. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda Board Members Katz and Hay had no disclosures. Vice Chair Penserga disclosed he spoke to Sam Abocot about the WPBR LOI, and he attended the station for various interviews. Board Member Romelus spoke to Harvey Oyer about the property at 115 N. Federal Highway and had the same disclosures as Vice Chair Penserga regarding the WPBR LOI. Chair Grant made comments regarding his opinion and TIF that, in his opinion, in order to get developments constructed, they need to help the developer to be profitable. He wrote what he said on Facebook, as follows: "I cannot sleep tonight because of the decision of the Boynton Beach City Commission not considering hearing about the potential community benefits agreement for the Boynton Town Square. On Tuesday September 1 st, Board Members Katz, Romelus and Vice Chair Penserga did not want to create equity in the community. Future tax dollars would have been spent on scholarship funds, community revitalization, extra free parking, workforce housing and what upsets him the most is the partnership with Habitat for Humanity to offer down payment assistance for first time homebuyers in Boynton Beach. The picture shows the estimated millions of future tax dollars that will not be spent to create a more equitable Boynton Beach. Furthermore, JKM Developers has a permit ready to build the parking garage and have answered final comments to the South Residence of Town Square to start construction by the end of 2020. Please share if you would like to spread this information as most did not know the decisions being made tonight." Chair Grant respected the Board for not agreeing with him and hoped they would respect his comments while not agreeing with them. He spoke with Centennial and toured the Ocean Breeze East site and was so pleased the Board provided funds so each unit could have a washer and dryer. He thought it upped the class of the development. He spoke to several property owners, starting with the Inn at Boynton Beach who was looking for assistance to upgrade the hotel. He thought they would want to use TIF because sales and bed taxes derived from hotels are beneficial. He spoke with Davis Camalier's attorney regarding his property and they have a lot of vacant land. They have to negotiate with what they want to do with the deed they gave him, such as do they want a park, or do they want to negotiate to buy the property on the west side of Federal Highway to hopefully include into the 115 N. Federal Highway. He spoke with Art and Frances D'Almeida if they want a holistic approach to develop downtown Boynton Beach. They have over 10 acres of vacant land in the downtown, and they have the ability and option to say, you cannot change the past, but they can make the future better. He will move 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 forward with having a collaborative session with the owners of these properties to have a unified vision. He also spoke to JKM Developers, Harvey and Christian Oyer, and Mr. Isram. 7. Announcements and Awards A. 2020 Florida Festivals & Events Sunsational Awards Tracy Smith Coffey, Marketing and Business Development, announced the Florida Festivals and Events Sunsational Awards is a statewide organization of professional festival event planners, managers and marketing individuals in the private/public sectors. The organization announced its winners at the 26th Convention, held virtually on August 25th. Nominations were accepted in nine categories and 463 entries were submitted. The CRA submitted 36 entries and got 11 awards, which she named. Chair Grant was pleased Rock the Marina received the award. The members thought the awards were phenomenal. 8. Information Only A. Public Comment Log There were no comments received. 9. Public Chair Grant opened the floor to public comments: Myer,Mark Coquina Cave, a residential community across from cean Palm Plaza, formerly known as Yachts laza, spoke about agenda item 10D, the Coin Laundry at115N. Federal Highway. Mr. Myer explained the area's land use designation of special high densityresidential, prohibited the use of the business. He thought it was not appropriate rove the grant until the outstanding unity Standards issues were addressedthe property is appropriately rezoned. Tom Warnke thanked the CRA for their direct financial assistance to CRA District businesses impacted by COVID. e noted at the May 12 th CRA meeting, the Board detailed proposal about having Boyntoneat creaio arks Department assume management of the 's Club that was approved, including r ser of ownership from the CRA to the City. Four months have passed, and the issue is listed as a future agenda item. This evening the City Manager indicated an Interlocal Agreement(ILA)would be completed in 60 days. He asked what the process and timeline was the CRA wouldll hen the draft ILA is received by the CRA. Mr. Simon explained the steps are to present the ILA to the Board. The Cityl e ownership the building in the future and if it were a deed over and the CRA provided Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 funding, it would depend on the ILA presented to the Board. At the time of review, if all is in order and their request is to take ownership immediately. The property could be transferred in 30 days and the City would own and manage the building. If the transfer is in the next fiscal year, while the ILA may be presented and discussed, the transfer would not occur until the date in the ILA. When they find out, it would be simple to transfer ownership. Mr. Warnke thought the delay may stifle City programming. Once COVID is lessened, the CRA will continue to rent the building until the City takes ownership. Susan Oyer, 140 SE 27th Way, spoke to several Board Members regarding the property at 115 N. Federal Highway and clarified her comments were her opinions, not her family's opinions. Deris Bardales, owner DDS Consulting Group, an engineering firm, wanted to speak about the property at 1110 N. Federal Highway. Chair Grant explained he would be given the opportunity to speak when the item was heard. No one else coming forward, Public Comment was closed. 10. Consent Agenda A. CRA Financial Report Period Ending August 31, 2020 B. Approval of CRA Board Meeting Minutes - July 14, 2020 C. Approval of CRA Board Meeting Minutes - August 11, 2020 D. Approval of Commercial Property Improvement Grant Program in the Amount of $15,000 for CCCEBYRNES, Inc., d/b/a WaveMax Laundry 1015 Located in Ocean Palm Plaza at 1550 N. Federal Highway, Unit 1 E. Approval of Commercial Rent Reimbursement Grant Program in the Amount of $15,138.54 for Solloway Acupuncture and Chiropractic Professional Association Located in Colonial Center at 1200 S. Federal Highway, Unit 202 F. Approval of Commercial Property Improvement Grant Program in the Amount of $13,500 for S. Solloway Acupuncture, P.A. Located in Colonial Center at 1200 S. Federal Highway, Unit 202 G. Approval of Commercial Rent Reimbursement Grant Program in the Amount of $25,863.75 for Pharm X Universal, LLC d/b/a 500 Ocean Cafe Located in 500 Ocean at 510 E. Ocean Avenue, Unit 107 H. Approval of Commercial Property Improvement Grant Program in the Amount of$50,000 for Pharm X Universal, LLC d/b/a 500 Ocean Cafe Located in 500 Ocean at 510 E. Ocean Avenue, Unit 107 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 11. Pulled Consent Agenda Items Vice Chair Penserga had a question about item D. He asked when someone submits an application for funding, if the business zoning and community standards are automatically reviewed. Mr. Simon explained the CRA does not bring forward grants with business entities that are prohibited from obtaining a Business Tax Receipt (BTR) from the City. While there may be issues raised by the public, if an applicant obtained a BTR and Certificate of Occupancy and provide the documents to the CRA, the CRA can assist them. The use also has to be compatible with their guidelines. In this instance, the City may have issues with a plaza or owner of a plaza, but the business entity requesting a grant is a tenant, trying to occupy a bay. If there were issues, it would be directed to the plaza owner and not the tenant. Motion Vice Chair Penserga moved to approve the Consent Agenda. Board Member Katz seconded the motion. The motion unanimously passed. Board Member Romelus hoped that in no way they penalize individual small business owners because of a plaza owner. Chair Grant noted a question from Zack Lansat about obtaining a rental grant and buying an Allstate Agency. He spoke with Ms. Nicklien who invited him to the Zoom meeting. Chair Grant noted the CRA offers grants. There were no funds available, but there would be funds available in October. He suggested he check the website for applications. Mr. Simon explained there is a specific issue with regard to purchasing this business that staff can discuss when the discussion on new grants for next year is heard. 12. CRA Projects in Progress A. Marketing, Business Promotions, and Social Media Update Rene Roberts, Social Media and Communications, had a presentation prepared. She reviewed the Live like a Local social media campaign and social media followers were encouraged to participate in a contest advertised across all social medial platforms for a chance to win a charter. Staff recorded promotional videos about safety measures taken by the charters and businesses to protect against COVID. Staff also started to promote Phase II of it's Like a Local social media campaign promoting health, wellness and fitness businesses in August. Followers were encouraged to engage in the contest to win a $50 gift Certificate of their choice. Staff shared a variety of both City and CRA projects such as the Town Square, Cultural Center, Ocean Breeze East and the Historic Women's Club of Boynton Beach. Staff continues to promote safety measures and special offers for new and existing CRA District business. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 Ms. Smith Coffey reviewed print and radio ads staff issued in August to promote the various charters at the Boynton Harbor Marina. There were quarter page ads in the Coastal Angler featuring dive charters and a full-page ad in the Delray and Boca papers featuring businesses located in the Marina. Staff expanded their reach for the dive charter via WRMF97.9 for a 30 second ad that promotes the Live Like a Local Contest for five days. The package of the ad placement on WRMF website was viewed. Mercedes Coppin, Business Promotions and Event Manager, explained in August they featured two businesses located on E. Ocean Avenue. The first blog focused on the 400 block of the Avenue including an overview of E. Ocean Cafe, Art Sea Living, Sol Oasis, the Blossom Shop, and the Original Barber. The second blog was a write-up of each business located at Ocean Plaza at 640 Ocean Avenue. Collectively, the blogs have been viewed more than 350 times. Over the past few months, there have been a variety of new businesses that have opened. In August, ribbon-cutting ceremonies were conducted at Guaca Go and Organic Kitchen and Mercantile. B. CRA Economic & Business Development Grant Program FY 2019-2020 Year Ed Report Bonnie Nicklien, Grants and Project Manager, reviewed the above. The program provides a 50% matching reimbursable grant for eligible property improvement expenses and assistance with the first-year rent. The total budget was $948K and the balance after tonight's approvals is $3,656. The Board approved $259,601 in Commercial Rent Reimbursement grants and $402,937 in Property Improvement grants. The program helped 14 new business adding over 23K square feet of new commercial space and helped five existing businesses to expand or making fagade improvements totaling over 17k square feet. The CRA added eight new restaurants or specialty food businesses, two hair salons, three retail stores, three medical or professional offices and three commercial property fagade improvements. The CRA also had the challenge presented by COVID. The Board approved Commercial Rent reimbursements to current and/or prior grant recipients from the past five years, with an additional six-month extension, at 50% matching reimbursement for the months March through August. The program provided COVID relief. The CRA Board approved $1 million in funding for small business disaster relief forgivable loans to offset utility, payroll, and inventory expenses. Over seven weeks, the CRA distributed about $10K to 101 businesses in the CRA. Vice Chair Penserga asked if the 500 Ocean storefronts were occupied. Ms. Nicklien explained there are seven commercial units on the ground floor. As of today, there are six signed leases. Of the six, five are grant recipients. The upstairs office space is leased, and the owner is interested in applying for a grant. There is only one unit left with 25K square feet of space. They spent just shy of$2 million in assistance for CRA businesses. Mr. Simon applauded the Board and their hard work to get the funds to the businesses. The funds took care of all the requests, but three applications were not fulfilled. C. Palm Beach County Housing Authority Project Update 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 Mr. Simon advised at the August meeting, the Board asked for an update, but the Housing Authority staff was meeting with HUD to discuss applications for disposal for property in Cherry Hill. Mr. Simon contacted them on September 1St, and was told they had a good meeting with the technical team in July and they are anticipating submitting the disposal application to HUD at the end of September. They estimate it will take 60 to 90 days to approve the application ,which is how they will dispose of their various properties. They have a large portfolio of properties they are disposing. Chair Grant requested the Board wait until the end of the month and CRA staff bring back the application that was submitted, and if not submitted, they send a letter of support to the Governor, the HUD Director, and Secretary stating their desire to work with the Housing Authority, detailing the delays they are experiencing in moving forward with the vacant lots. There were no objections. D. Model Block Affordable Single-Family Home Ownership Project Update Thuy Shutt, Assistant CRA Director, explained construction is proceeding on the two Habitat for Humanity properties and the painting and the finished work is done. Work on the third unit on NW 11 to is proceeding with the finished stucco and painting and the same for the two CDC properties. Visuals of the progress were viewed. Ms. Shutt hoped they could get the volunteers needed for the properties once the community reopens again. Chair Grant drove by the property and the majority of the work was done. The road travelling to NW 1 st Street has made a huge difference in the traffic and he thanked Habitat for Humanity and the CDC for working together to have affordable homes and improved traffic in the Heart of Boynton. He requested they post the pictures on the CRA Facebook and social media pages. E. Neighborhood Officer Program 3rd Quarter Report for FY 2019 — 2020 Sgt. Diehl, Boynton Beach Police Department, explained they were working diligently with schools. Vice Chair Penserga asked about the crime report, if there were different or new trends to crime or anything they needed to know about. This quarter was the third quarter, and the second quarter of calendar year. Since COVID and there was a downtick in crime. As the community was reopening, there was a slow increase in larceny and retail theft, but working with their intelligence officer, they are tackling the issue. They are trying to get a grasp on people walking in and out of stores with face masks and merchandise. They are still active in handing out food at the Boynton Beach mall. A listing of the crimes for the quarter was viewed. Sgt. Diehl gave an update on Neighborhood Officer Paramore advising when he is released, he will be released to full duty status. The Board wished him a speedy recover. 13. Public Hearing 14. Old Business 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 A. Discussion and Consideration of Fiscal Year 2020-2021 Project Fund Budget Vicki Hill, Finance Director, reviewed for Fiscal Year (FY) 20/21, the CRA would have Tax Increment Financing (TIF) of$14,852,092. The Marina was looking at $1M and they found a fund balance surplus of $100K. Total revenue was $15,952,192. The debt service payment totaled $2,137,822. The Operating Budget was $2.8 million, total debt and operating expenses were $5,035,480. The Boynton Harbor Marina will also need $1 M. Walmart was in its 9t" year for TIF and its payment was $17,500, Seabourn Cove, in its eighth year would receive $425K; Seabourn Cove Phase 2, would receive $175K; the Preserve was in year six of TIF payments and would receive $27,500; and 500 Ocean was in year two and would receive $436K. She announced the City of Boynton Beach has asked for $3.7 M for the Town Square project. Ms. Hill reviewed the Project Fund, noting the Board already allocated funds. She asked if there were any changes to the following allocations: the MILK Jr. Corridor Redevelopment project. There was a carryover of $1.1 M from 19/20 to 20/21; MILK Jr. Blvd Corridor Centennial Project local government match was $625,750 which would be allocated for FY 20/21. The NOP office location needed $130K. The Board allocated $50K for FY 20/21. There was $200K rolled over from the Property Acquisition line item and staff added $583,5311 totaling $784,136 for property acquisition. The Board rolled over $385,825 for the Cottage District, the Mangrove Park and E Boynton Beach Boulevard extension project had the funding for it from FY 19/20 which would be rolled over. The Boynton Beach Boulevard Streetscape improvement had $250K from FY 19/20 and staff was adding $618,580 totaling $858,580 for FY 20/21. Acquisition for the 411 N Boynton Beach Boulevard will be closing October 2020. They needed $930K and they had $650K from FY 19/20, so they only needed $280K from FY 20/21. Acquisition for 209 N. Seacrest Boulevard which will close in October needed $1.3M and it was earmarked for FY 20/21. The CRA will need $1.4M for closing the 217 N. Seacrest Boulevard building which is the post office. The NOP program is in its fifth year and the CRA did not use $200K in 19/20 which will carry over to FY 20/21. Staff will add $329K which is $529K that they asked for. The Commercial Economic Redevelopment grant program has $21K that will roll over and they are adding $400K totaling $402,013. The Neighborhood Signage grant has $25K for FY 20/21. The Business Promotions and Events Assistance Program will roll over $140K and staff will add $163,623 totaling $303,623 in FY 20/21. The Business and Marina Marketing Assistance program will roll over $48,726 and staff will add $25K in 20/21 totaling $73,726. The Redevelopment Assistance for the Palm Beach County Housing Authority lots had $100K from 19/20 rolled over and staff is adding $400K for a total of $500K The Sara Sims amphitheater has $50K for FY 20/21. The Sustainability Tree Canopy program had $20K from 19/20 and staff will add $15,650 for a total of $35,650. The Residential Grant program rolled over $95K for 20/21. The Woman's Club renovation rolled over $238,525 from 19/20. The Site Work and Demolition line item rolled over $37K and they were adding $62,378 to total slightly over $100K. Professional Development Services has $60K from 19/20 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 and staff added $57,100 totaling $117K. Legal services will roll over $6K and staff added $125K totaling $131 K. Per the Board, there is $280K in contingency. Chair Grant thought the budget looked good. They removed funds for the NE 3rd Street Roadway Improvement Project and he wanted funds there to move forward with the design and moving Public Works from its current location to the Rolling Green site. Vice Chair Penserga asked why the CRA needs $130K for the NOP office and why they only budgeted $50K. Mr. Simon explained some of this transpired between the August and September meetings. They obligated the $130K of funding in this year's budget for the build out of Ocean Breeze East site, which was in the agreement. Since then, it was proposed funding in the current year be used elsewhere in the budget and at this moment all they identified was $50K for the office. If it is relocated, they may not need the funds at all and they could use it for the Commercial Development on the MLK corridor project which will include the NOP office, if it be the will of the board. They could also seek funds from contingency. Chair Grant thought the NOP was not ideally at Ocean Palm Plaza, but it was ok for the following year. Vice Chair Penserga preferred the $50K be transferred over to the Sustainability Tree Canopy Fund. Chair Grant wanted to keep funds with the NOP if they could expand the program and help children. He asked if Vice Chair Penserga would agree to split the difference providing $25K to the NOP program and the $25K to the tree canopy, which was fine. Vice Chair Penserga asked why $200K was rolled over for NOP and learned the budget called for three officers and one assistant, they only funded two officers: Officers Paramore and Rivera so they did not use all of the funding. Dr. Lois Smith was concerned about the MLK corridor noting $1.8 million was slated for it. She asked when they are making projects known and when they would developed. There is a vacant building on the corner of MLK Jr and Seacrest. Chair Grant explained the CRA had an opportunity to purchase the vacant building last year, but they tabled it and the property owner withdrew their offer. The CRA also transferred funds from last year's budget to this year for the MLK Jr. Corridor, and they had funds for the relocation of the Community Caring Center, which did not go forward. The Wells Landing LLC project that they will discuss received 9% tax credits from the Florida Housing Finance Corporation which was the project they would help fund to get the biggest and best project on MLK with the land they have available. Last week, Dr. Smith asked about the properties in need of development and assistance for the elderly to improve their property. She wanted to see something substantial and did not see an end result. The CRA allocates millions and then properties are not kept up and the community wonders what is happening with the money. She queried if they would keep transferring funds each year to different projects and asked what was happening with MLK in the future. Mr. Simon explained the Ocean Breeze East project is a $30M project. The Cottage District offers single-family homeownership. The Centennial Wells Landing project on MLK Jr. Boulevard is 124 units and has 8,500 square feet of retail commercial space the CRA will 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 try to fill with neighborhood services and local qualified vendors. The $1.1M is going towards this project and other projects on the corridor to assist with the cost of building commercial space and to maintain it. Dr. Smith noted the funds were carried over. She asked where the funds are each year that should be allocated to each area. Mr. Simon explained the reason why the money is still there is because the project was funded by the State. The CRA kept the funds there and rolled forward as the CRA anticipates it will be spent when the project begins construction. She asked with funds allocated to Boynton Beach each year, where the funds are that were directed to the Heart of Boynton. She noted MLK has been undeveloped for years and it is still blighted. She understood Ocean Breeze East will be a rental property and residents cannot buy in and have a sustainable living arrangement. She asked what was occurring to build wealth for all. Chair Grant requested confirmation the CRA needs to do more and help residents with residential development and assistance with first time homebuyers. Dr. Smith commented the individuals at Ocean Breeze West and even Habitat for Humanity are paying enormous mortgages, and there was a land trust which took the land from under the house. They need sustainable growth for the residents in Boynton and the HOB is not engaged with sustainable increase. She proposed MLK could be rid of crime, but if you build something worthwhile people will see the CRA is sincere. Chair Grant explained the CRA currently has an RFP for the Cottage District to build 30 sustainable and affordable houses in the vacant lot. Tenants at Wells Landing will have half the rent paid for by the State to make it affordable for low income and very low-income individuals. It helps residents to create wealth by allowing them to save up a down payment for a new home. There are too many vacant lots in Cherry Hill and they were discussing how to move forward with the Housing Authority. There is a Residential Grant Program to help owners improve their homes and build new homes. There are some properties that could use their grants. They have not focused on increased manufacturing and industrial jobs, and they could focus on it next year. The City is moving forward with talks to move Public Works to another area and build a mixed-use project with commercial and residential in its former location. Board Member Hay lived in Boynton for 50 years and agreed, noting the activities Chair Grant had referenced. There are homeownership opportunities at Ocean Breeze West, and not at Ocean Breese East. The Cottage District is upcoming, and they had a discussion with the community and they wanted homeownership, so they will be home ownership units. The Model Block project has nothing but homeownership. The Centennial project on MLK is coming. There are a lot of activities he was excited about. He felt they were moving in the right direction. Dr. Smith was before the Board last week. She received a letter from Community Standards highlighting violations on their property. She asked why are they not cutting the trees and that she was cited for something unrelated to her complaint. She thought it was a step backward. She thought the CRA should be equitable. Motion 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 Board Member Hay moved to approve. Vice Chair Penserga seconded the motion. The motion was clarified as amended for the NOP and the $25K. The motion unanimously passed. B. Consideration of Resolution No. R20-04 Adopting the CRA Budget for Fiscal Year 2020-2021 Ms. Hill explained this was the Resolution to adopt the budget for FY 20/21. Chair Grant requested a motion to adopt as stated. Motion Board Member Hay so moved. Board Member Romelus seconded the motion. The motion unanimously passed. C. Discussion and Consideration of Relief Options for Grant Payoff Requirement in CRA Homebuyer Assistance Program Mortgage between Lasendra Hoggins Wilson and the CRA. Mr. Simon explained the recipient requested the item be moved forward. She had appeared in February 2018 and CRA agreed to subordinate the HAP mortgage so Ms. Hoggins Wilson could refinance the home. The refinancing was to provide improvements to rent the property, which the Board also allowed her to do without penalty under the terms of the grant. On April 10, 2018, the Board approved a second amendment to the HAP Agreement with if the property was sold to a qualified or non- qualified buyer and to refinance the property. There was no agreement to reduce the grant from $47K to $51K. The property was refinanced in July 2019, and the CRA subordinated to the first mortgage. She requested the Board consider the original grant payoff amount and offered a formula reduction based on how long she owned the property. She was trying to sell the property and if sold any debt outstanding would be paid off. Ms. Hoggins Wilson, 508 NW 12th Avenue, appreciated the Board's help and commented she was not able to refinance the full amount, as the bank would not allow the $47K to be given and it was added back into the debt. She has another child going off to college and no longer needed the home. It was difficult to sell the property. If she pays back the $47K, she would not have anything with which to purchase a new home. She asked if there were any options. Chair Grant felt with the first-time income qualified buyer, he would take no money and wish them well building home equity and wealth. If selling to someone looking to rent out the property, he did not think the Board approve it. He thought 10 years was a third of the outstanding amount. He hoped the home would be sold to a first-time homebuyer. Ms. Noggins Wilson explained when she approached the Board the last time, the 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 repayment amendment was removed and if sold to another income qualified, she did not have to pay it back. She favored selling to an income qualified family. Chair Grant asked about the second part, if she could not find an income qualified buyer. Board Member Romelus asked why the clause was removed. Attorney Duhy commented it was not removed, it was clarified. The terms were as they are. It was written differently, as Ms. Noggins and the Board had a different interpretation. The Board could amend it. Motion Board Member Romelus moved to amend the contract to include the clause. Board Member Hay seconded the motion. There would be no repayment if sold to a qualified low-income buyer. The motion unanimously passed. Mr. Simon inquired if Ms. Noggins sold to a non-income qualified buyer, if she would pay back the $30K. Ms. Noggins countered with a $15K repayment. There were no objections. Motion Board Member Hay moved to accept Ms. Hoggins terms. Board Member Romelus seconded the motion for discussion. She asked if the amendments were permissible with the program, if they could continue the program. Attorney Duhy explained the program is no longer offered. She thought there was no limit on what the home could be sold for and the amendments were legal. The motion unanimously passed. D. Consideration of the Second 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 Ms. Shutt presented the item. Habitat for Humanity was to complete the items in the grant agreement for the above program for completing three new single-family homes: one detached, one duplex and a villa. They completed three neighborhood revitalization program and conducted homeowner and educational workshops. They are asking for 120 days for the last unit at 110 NW 6t" Avenue. The duplex was completed and they are awaiting the Certificate of Occupancy. The difficulty was getting the volunteers to complete the home amid the pandemic. Habitat requested to have the unit completed and CO date moved from October 15, 2020 to February 15, 2021, taking the holidays into consideration. Staff agreed and the draft amendment was attached. The Habitat for Humanity representative was present. Motion Board Member Hay moved to extend the deadline. Vice Chair Penserga seconded the motion. The motion unanimously passed. 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 E. Consideration of Request for the Commercial Property Improvement Grant Program in the Amount of$350 for Marketing Innovations Enterprises, Inc. for the Property Located at 810 N. Federal Highway Chair Grant presented the item. The applicant worked hard and completed all repairs, bringing the property into compliance. Motion Board Member Hay moved to approve. Board Member Romelus seconded the motion. The motion unanimously passed. F. Consideration of Letters of Intent for the CRA Owned Property located at 1110 N. Federal Highway Mr. Simon explained this item was before the Board by Ben and Sam Rogatinsky, WPBR Radio, located on South Federal Highway, who submitted a LOI to acquire the property owned by the CRA to build a new office for the radio station. They offered a purchase price of $25K plus $60K in worth of advertising over the course of five years. The Board accepted the terms of the LOI and directed staff to post the notice to the public of the selling. During the 30-day notice period, the CRA received a second Letter of Intent on August 18th, by BDH Consulting Group also a CRA business for a location for their engineering planning services. Their options were on the cover. On August 22"d, the CRA got a revised LOI from WPBR changing their first terms from $25K and $60K of advertising to $35K plus $70K in advertising as written. Or $55K in acquisition costs and $45K in advertising. BDH offered $30K and $70K in professional services over a 10-year period. Option two was $50K plus $40K if future development occurred with adjacent parcels, or $50K plus a $40K CRA Forgivable Second Mortgage for ten years depreciating at 10% per year, plus engineering services if future development occurs with adjacent parcels. Both entities are building the same size structure. Chair Grant thought based on the recent City Commission meeting that the property to the south on the corner is part of the City. He asked if the Board wanted to make a decision now because they could expand the parcel to a larger size and if the Board wanted one 2K square foot building or two, 1 K square foot buildings. He wanted to wait and see if and when the City obtains the property to the south. Board Member Hay, commented the businesses are Boynton based and he supported, if they have the opportunity to see about the building next to it because 1,200 square feet is not big. The two businesses are ideal for the properties. He wanted to wait and see for have the opportunity to have two more buildings in the City. Chair Grant noted the downside is if they wait too long, they may have to find another location. 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 Vice Chair Penserga wanted staff's input. Mr. Simon believed there was a way a building could be constructed with a reciprocal easement. The two buildings would abut together, but have individual ownership. If the Board was leaning to development of both lots, with these two entities, he thought 30 days to work with the entities would be appropriate. Chair Grant opened public comment. Deris Bardales commented he would like the other business to be their neighbor. Mr. Bardales explained he was a CRA resident for 17 years and President of BDH Consulting Group since 2012. They expressed interest in the property a year prior to submitting the LOI. They would like the property to expand business and hire more local employees. They are in process of becoming a HUBZone certified business with the Small Business Administration, which is a federal program for small companies that operate and employ people in historic or underutilized business zones. Samuel Rogatinsky requested confirmation City could take the corner piece and when they will know if the City moves forward with a foreclosure on it. Chair Grant hoped to have the answer by the next CRA meeting. Mr. Rogatinsky was amenable to wait for the answer. The City moved forward with a foreclosure and outstanding lien. The City Attorney would have to provide information. Chair Grant wanted to work with both parties to situate them both there. Mr. Simon thought, other than how the two buildings could be aligned, the timing of the second lot they do not own, trails to the lot they do own. He thought the two parties should meet before the next meeting in order for it to work. There is only one way to build on the lot. They should do something jointly, it would have to be done all together. Chair Grant wanted option two on both LOI and have the CRA Board to work with the City to move forward with those two lots and each business will determine which business will be on the north lot and the south lot. He hoped by the next meeting, they can have a Purchase and Sale agreement to be on both locations. Attorney Duhy suggested the Board direct staff to negotiate with both bidders on whether an alternate arrangement other than what was proposed can be arranged and table the item until next month and give an update. She noted because the CRA does not own the foreclosed property, they cannot issue a NOI to dispose, which would add more time to the process which was not necessary for the existing building. The motion was to table the item and direct staff to discuss alternate options and bring it back next month. Mr. Simon asked if the Board could decide which option they would like discussed while tabled, as they would choose a purchase option. Chair Grant liked option two for both. Board Member Romelus wanted both parties to converse with each other. Mr. Rogatinsky commented if the foreclosure takes longer, this will stall. Chair Grant explained it was already agreed the City would accept the property 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 in Lieu of pursuing foreclosure. Board Member Hay asked Mr. Rogatinsky about his time constraints and learned he has a year and four months left on his current lease. Chair Grant asked for a motion to table to next meeting and staff to discuss with the applicants and the City disposal of the properties. Motion Board Members Romelus and Hay so moved simultaneously. Vice Chair Penserga seconded the motion. The motion unanimously passed. G. Consideration of a Waiver to Provide a Flex Space for a New Neighborhood Officer Program Office and Community Space in the Ocean Breeze East Project Mr. Simon explained this item is consideration of the NOP office. The CRA Board entered into an agreement with Centennial Management that space would be provided for the NOP office. When the agreement was negotiated, there was a different police chief and they did not have an RFP and successful RFP response for the MILK Jr. Boulevard Corridor as they do now. The new Chief, sent a letter suggesting the Board allow a waiver of the condition to provide the space at Ocean Breeze East, and if so, the MLK Jr. Corridor would absorb the space into the 8,500 feet of commercial. Centennial would not have to provide an office. Chief Gregory explained an NOP Office would be more effective on MILK Jr. Boulevard. They wanted to make it more accessible to the community and integrate better into the development. Chair Grant asked what Centennial planned to do with the space. He noted they would then only have 6K square feet of retail. Mr. Simon explained the amount of space for the NOP is an issue between the CRA and the NOP. Space in the new location could be negotiated to a space that works for both parties. This item would eliminate Centennial from the obligation to provide space. Mr. Simon explained there was no urgency to waive it except the CRA is trying to design the interior space at the Ocean Breeze East location. If they believe the other location was better, they can stop and negotiate with Centennial at a later date. Chair Grant wanted to discuss it at a later date, and see what Centennial would like to do with the location. They stated it is a residential property so commercial was not available. He thought it may limit the City if they may want another function. He asked if the City/CRA could explore all or a portion of the space for another use or what Centennial would use the space for and how they feel about moving into a new location on MILK Jr Boulevard. Vice Chair Penserga agreed. It could make for a larger community room, but he wanted to hear from Centennial. Motion 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 Vice Chair Penserga moved to table. Chair Grant requested the CRA not move forward with any design space. Board Member Hay seconded the motion. Board Member Romelus asked how this impacts the budget with the amount they had to commit for developing the office. Mr. Simon explained they would save money in the new building. The motion unanimously passed. H. MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project Update Mr. Simon gave an update. They are working towards their underwriting timeline for the site plan and other conditions of approval to obtain funding from the State and several meetings with the City were held. Centennial is progressing. With the exception of the Bell's parcel, they would like to dovetail the close of Ocean Breeze East and use the same site and resources that built Ocean Breeze East and move it north to the MLK Jr. Corridor project. He noted the NOP office had already been discussed. Chair Grant noted based on CRA comments in July, the Board has designated future tax dollars to build more affordable homes and there is already $1 M for the MLK project. He wanted to work with the developer to help build wealth. There are other parcels on the east and north side that are not owned, and they can talk with the developer to try and build more along MLK Jr Boulevard. Chair Grant would like to approach them if the Board would like more land acquisition on MLK and use the funds in MLK Jr. budget to help businesses there. There were no comments. I. Consideration of the Economic Development Grant Program Guidelines and Applications for FY 2020 — 2021 Ms. Nicklien requested the Board approve the guidelines and applications. Staff was seeking guidance about the program regarding whether to continue the 18-month time period or return to the 12-month reimbursement period. The 18-month program was established in April due to COVID. Staff recommends continuing to process grant reimbursements monthly versus quarterly and staff also clarified eligibility for convenience stores for fagade only improvements and security cameras. Both applications include information on the City's new Work Inclusion Business Partner program which is a free program for businesses to participate in demonstrating their commitment to the Americans with Disability Act. Chair Grant asked if hotels/motels could use Economic Development grants and learned they were eligible for Fagade Improvement grants. Chair Grant wanted to move them up to tier one status. Hotels and Bed and Breakfast establishments provide funds from the bed tax. Vice Chair Penserga agreed with the reasoning. Ms. Nicklien pointed out they fall under the "Other" category as Tier Two and are eligible for 50% reimbursement up to the maximum of$25K. Motion 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 Board Member Hay seconded the motion. The motion unanimously passed. Board Member Romelus questioned why not just approve them in their tier. Mr. Simon explained each year they describe the program and tweak it. It could be changed. Board Member Romelus suggested making changes for auto shops and similar businesses to just be able to apply as part of the tiered program instead of on a conditional basis. Mr. Simon explained each year the grant guidelines are adjusted and they have no objections to including them. Board Member Romelus supported having auto services to be able to apply like everyone else. Chair Grant explained the Economic Development program was for new businesses, and was then changed to include existing businesses. When new businesses came, existing businesses needed to improve. When the program first started, it was very different than it is now and they can improve the types of businesses in the CRA. Chair Grant agreed to include them in the Tier Two businesses. The two changes were to move auto uses from the Board Approval Category and move Hotel/Motel into Tier One. Vice Chair Penserga asked for the rationale about categorizing businesses into the different tiers and if it was based on a multiplier effect or some other concept. Mr. Simon explained it was based on board discussion and because restaurants were not opening as much then as they were now. It was a way to incentivize a business to locate in Boynton rather than to another city. Restaurant buildouts are expensive. There was clarity on the motion to amend the auto uses and Hotel/Motel. As to the extension due to COVID, Chair Grant was amenable to another six-month extension after the initial 12-month period, but would want to ensure the businesses are doing well and that the landlord was not taking the CRA money while the business was struggling. Chair Grant wanted a presentation after the first year of what they could do better. Board Member Hay agreed. Attorney Duhy suggested approving the grants for up to 12 months with the possibility for making application for a six-motion extension at the discretion of the Board. Ms. Nicklien explained she spoke with Mr. Lansat who wants to purchase an existing business. He would be a new owner. Under the existing program, he would not qualify for grants because existing businesses can only apply if they are expanding 50% of the current square footage or if they are being relocated due to redevelopment, which did not apply to him. If he wanted to make changes to the property, he could apply for property improvement grants, but under the current proposed rent grant, he is not eligible as an existing business. Chair Grant asked what would occur if he had a new business name with the same use. Ms. Nicklien did not know. Chair Grant thought it was the same. Ms. Nicklien explained the problem is someone could change the name of a business that has been in existence or they could sell it to themselves as an LLC. She did not think they could write the policy to address it. They could take an application and review it conditionally. Mr. Simon explained someone could buy a business and improve the exterior, but they would not receive rent reimbursement. Chair Grant wanted to speak 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 with Mr. Lansat, but did not think the program could be amended to accommodate his situation. Board Member Romelus asked if they would specify between bed and breakfasts and Airbnb and learned eligibility was based on a commercial location whereas an Airbnb is not. Motion Vice Chair Penserga moved to approve as amended. Board Member Hay seconded the motion. The motion unanimously passed. J. Discussion Regarding Prevailing Wage, Benefits and Apprenticeship Policies for CRA Procurement and Requests for Proposals Board Member Katz wanted to ensure they have a discussion, but suggested this item be tabled one more time and hear it at an earlier point in the meeting. Motion Board Member Romelus moved to table the item one more time. Board Member Hay seconded the motion. The motion unanimously passed. Chair Grant looked at the tax deed sales and stated there is a property in the CRA District at 412 SE 4th Street. He wanted to put that item on as New Business B if it does go to auction. Motion Chair Grant passed the gavel and so moved. Board Member Katz seconded the motion. The motion unanimously passed. 15. New Business A. Discussion Regarding 407 NE 1st Street Chair Grant disclosed the owner was a former client and former neighbor of his and he does not currently represent him in any legal matter. The former CRA Executive Director wanted to offer money for the above property. Mr. Simon explained the property has an aged wooden structure. Appraisal was done as the owner was interested in selling it and approached the CRA about it. It is not an opportunity buy, but from an overall district improvement perspective it was good. It is a good-sized lot, but it needs the lot next to it to be of use. The property appraised for $268K, but Mr. Simon did not make an offer. The subject property did not abut any other CRA property. The owner was satisfied with the appraised value. Board Member Hay supported acquiring it when they can. Board 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 Member Hay noted there are three or four other vacant parcels and thought they could consider pursing the property as it could be a strategic property. Vice Chair Penserga agreed. Motion Board Member Hay moved to acquire. Vice Chair Penserga seconded the motion for up to the appraised value. The motion unanimously passed. B. 412 SE 4th Street This property was appraised for $195K. Chair Grant noted it was unimproved. He suggested offering up to $200K as a maximum bid. Mr. Simon explained they have$250K in the account and it is an important property. Motion Chair Grant passed the gavel and so moved to acquire the property. Board Member Hay so moved for up to $250K. Board Member Katz seconded the motion. The motion unanimously passed. 16. CRA Advisory Board A. Pending Assignments 1. Review of Commercial Properties within Boynton Beach Boulevard Corridor within CRA Area B. New Assignments 17. Future Agenda Items A. Discussion and Consideration of Responses to the RFP/RFQ for the CRA Owned Properties located at NE 4th and NE 5th Avenue a.k.a. Cottage District B. Discussion and Consideration of a Letter of Intent from Ocean Avenue Residences and Shoppes, LLC for the CRA Owned Property Located at 115 N. Federal Highway C. Consideration of an Interlocal Agreement with the City of Boynton Beach for the Historic Woman's Club of Boynton Beach located at 1010 S. Federal Highway 21 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida September 8, 2020 D. Consideration of an Interlocal Agreement with the City of Boynton Beach for the Sara Sims Park Amphitheatre E. Discussion of a Lease to the City of Boynton Beach for the CRA Owned Property located at 209 N. Seacrest Boulevard Board Member Katz wanted to direct staff to contact Davis Camalier to see if they found a suitor for their property on Federal Highway. He wanted to know as soon as possible if they would be selling the property and wanted to see if there was something they could do related to what the CRA was doing at 115 N. Federal Highway. Board Member Romelus also wanted an update on the D'Almeida property. There were no objections to either request. 18. Adjournment Mr. McNally explained how the public could access the video. There being no further business, Chair Grant adjourned the meeting at 10:01 p.m. ujat")LL ILI- Catherine Cherry Minutes Specialist 22 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: October 13, 2020 CRA PROJECTS IN PROGRESS AGENDAITEM: 12.A. SUBJECT: Marketing, Business Promotions, and Social Media Update SUMMARY: Throughout the month of September, the BBCRA Marketing, Business Promotions, and Social Media staff focused on producing content and creative for a combination of print, video, and other digital marketing efforts to promote and support local BBCRA area businesses. Please see Attachment I for an overview of monthly initiatives. SOCIAL MEDIA INITIATIVES The BBCRA social media platforms have continued to be utilized to promote local business offerings and provide updates about CRA and City projects, such as the Ocean Breeze East Project, Town Square Project, and the Historic Woman's Club of Boynton Beach. See Attachment I I for a full listing of all of the Facebook posts that were published in September. LIKE A LOCAL SOCIAL M EDIA CAM PAIGN In September, the Like a Local Social Media Campaign concluded with a focus on the beauty service providers, restaurants, and eateries located within the BBCRA area. Each week, social media followers were encouraged to engage on the designated Like a Local posts for their chance to win a $50 gift certificate to be redeemed at one of the following featured businesses: Week 1 Featured Businesses - Penn Nails & Spa, Tipsy Salonbar Boynton Beach, Fancy Nails, T & H Nails, and Perstist Glam Nails & Bar. Week 2 Featured Businesses -Alchemy Eco Salon, Eastside Creative Hair Salon, E & C Beauty Salon Experience, Hair Garden, Phairis Luxury, Shearology Salon, Tipsy Boynton Salon, Robert Fiance Beauty Schools, Guenaud Newlook Barbershop, QURE Barbershop, Gentlemen's Choice, Son Barbershop, and Original Barber. Week 3 Featured Businesses - Bailey's Blendz, Bond Street Ale and Coffee, Boynton Diner, Bon Zouti, Bud's Chicken & Seafood, Common Grounds Brew & Roastery, Del Sol Bakery, DJs Grill, DIY Frozen Yogurt, East Ocean Cafe, Guaca Go, Marina Cafe Boynton, Organic Kitchen and Mercantile, Souvlaki Fast Boynton Beach, The Boardwalk Italian Ice & Creamery, The Butcher and The Bar, Shack by the Tracks, Timanmi's Kitchen, Tokio Ramen, Tropical Island Restaurant, Troy's Bar-Be-Que, and Tsunami Subs and Wraps. Week 4 Featured Businesses - Alfa Pizzeria & Restaurant, Baciami, Banana Boat, Cafe Frankies, Chez Andrea Gourmet Provence, Driftwood Boynton Beach, The Fish Depot Bar & Grille, Hurricane Alley, Jamerican Cuisine, Josie's Ristorante, Prime Catch, Sushi Jo, Sushi Simon, Sweetwater, That's Amore, and Two Georges Waterfront Grille. Four winners were awarded vouchers to be redeemed at: T&H Nails, Shearology, The Butcher& The Bar, and That's Amore. See Attachment I I I for examples of the print marketing that was created for the campaign.Ads for the campaign were published in the following publications: Coastal Angler -A quarter-page ad for the month of September in the Coastal Angler Magazine featured the Live Like a Local campaign showcasing 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 circulations per month in Palm Beach, Broward, Dade, and Monroe counties (see Attachment I11, Exhibit A). Cost: $300.00 Delray Beach Newspaper Boca Raton Newspaper - A full-page ad Live Like A Local Wellness and Fitness was featured in the September 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 Attachment 111, Exhibit B). Cost: $695.00 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 September full-page ad featured Live Like a Local with a listing of the health and wellness businesses and an editorial about the social media contest. This publication was mailed to 17,500 homes/clubhouses, with over 10,000 additional subscribers that read the digital edition online and on Facebook(see Attachment 111, Exhibit C). Cost: $450.00 Discover the Palm Beaches Spotlight - The organization hosted a virtual City Advisory Round Table meeting to discuss the marketing opportunities and initiatives that cities in Palm Beach County are moving forward with during the Phase I I I reopening. The Dine Like A Local social media post was highlighted in the presentation as an initiative to support the businesses during this unprecedented time (see Attachment 111, Exhibit D). HISTORIC WOMAN'S CLUB OF BOYNTON BEACH MARKETING MATERIALS Historic Woman's Club of Boynton Beach (HWCBB)— Marketing staff has designed customized marketing materials to be utilized when advertising and promoting the HWCBB to potential clientele. A branded 2-pocket folder and customized inserts were created to showcase the building's potential to be rented for a variety of events such as weddings, meetings, private parties, and tradeshows. Each insert features engaging photos and pertinent information such as the floor plans for the 1st and 2nd floor, and the fee schedule for the HWCBB. (see Attachment IV). Cost: $1,520 RIBBON CUTTING CEREMONIES Aiming to provide additional exposure and promotion for new businesses opening within the BBCRA Area staff has started conducting virtual ribbon cutting ceremonies. These ribbon cutting ceremonies are intimate in-person events that consist on of business owners/staff, City dignitaries, and BBCRA staff. The ceremonies are streamed live on Facebook so that followers of the BBCRA can safely view the festivities and share their support of the designated businesses. In September, a ribbon cutting ceremony was conducted for: E&C Beauty Salon Experience - This business is located at 510 E. Ocean Ave. #102. They specialize in a variety of hair services such as unisex hair cutting, styling and coloring, curling, weaving, keratin treatment, and perms. Their ribbon cutting ceremony took place on September 24th. Click here to view the video. PUBLICATIONS - BLOGS & NEWSLETTER East Ocean Avenue: Connecting the Beach to Downtown Boynton Beach Bin This blog provided a spotlight of the businesses located along East Ocean Avenue, east of Federal Highway and across the street from Marina Village. The following businesses were featured: Posh Properties, Mak Lash & Beauty, Boulevard Paints, The Law Offices of Reed, Griffith & Moran, and Expert Closet& Shower Door Professionals. Click here to read the blog. Redevelopment Works Newsletter, Volume 4, Issue 1 On October 1st, the newsletter was distributed via social media and to the BBCRA's email subscriber list. The newsletter, which is divided into various segments, provided information about upcoming redevelopment projects scheduled for FY 2020-2021, a year in review of the Economic Development Grant Program, and updates on the Town Square and Ocean Breeze East projects. The #HitTheBiz section of the newsletter featured write-ups on the following businesses: Link Custom Jewelry, E&C Beauty Salon Experience, Guaca Go, The Butcher & The Bar, and Prime Catch. The Marina section featured write-ups for each of the waterfront dining restaurants: Two Georges, Banana Boat, Marina Cafe, and Prime Catch. Additionally, information was included under the Announcements section about the Economic Development, Affordable and Workforce Housing Rehabilitation Grant and New Construction Forgivable Loan, and Neighborhood Sign Installation and Repair Grant programs. Click here to view the newsletter. FISCAL IMPACT: FY 2019 - 2020 Budget, Project Fund, Line Item 02-58500-480, Like a Local Contest Giveaways $200; Marketing $2,965. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required unless otherwise determined by the CRA Board. ATTACHMENTS: Description D Attachment I -Marketing, Business Promotions, and Social Media Overview D Attachment II -September Social Media D Attachment III - Print Marketing D Attachment IV - Historic Woman's Club of Boynton Beach Marketing C'3 C/) z C) wp Y � � O baLU C/) a WZ � 2 am U p OZ U) Q Q Cn 0 W W � Q J � az U - O cn (n UO O O Z J � 70 ((nn � � Q) o V � •— N C6 N 0 O 70 Ile ton O 70 C- � m o to m — N 42 N E Q � O N C6 N to o Co ca . a �, � •� � 70 0o � cn � O - C o - 0 � = W a- E m o w 0 � 2 J a U O cn 41 rd G, u,SC44Al . U O IZZ zx� J a1, Ul LL I 3 J > uj _3 _0 .......... O � � o0 Q � - 12 IF, LLI sZ'� �31 jj� 6 o }, 7C) 1 '�vo o � (1) }' oma ._ 0o 0 0 � (f) a� ca o j N ,(n o N O O U C- (n U S- C- a--j N _ O 4-j�--, _ fn O O Q m O ��-+ N O U U _ (6 0- 0 c N W U •— Q — O (n L) E (n E � � � 0 N m C6 U _ O Q 's. U U P (n m � N i W J a t +t C ir k 0 U =W O ° � 1�tbj q k q`. _ J z t� ,�a ,no A 4 �� 77:Z Q y{ H %) fill LLI O _ 9 _ _ w Q ~ o 6 LLI 04 E -15 dL uj 75 o gg 0 LLI �2N!s P6 �6 gg AT 0 to � � �_ N" m E V ou 45 AfIlk I Cl 1 LU W u „o z u ai to U 0 IN 1? C i . ay m i y 3 i w VJ 0 Y 1 + i . T� a LU Z J a V ��i4 m'V a7 ��h wwh £ ary 0La::. �za- r � ��, tL€Ti� Mg•C �Y W�cf � 1. :: wig 4a� -040 a60 01, 2 Yi'Iv �v. uN+�v • si W 0 VR u�,p A�0 s, uzVLa $' ?5 ��a O d3!a F- ��:`.e. y. 0 M n LLI O 1 SID00 OWIZO AD �T I V u i f� 4 1 W Z k m = c� ZD (m) Z U w � � m � < 0 Z Z � Oz � O U m O 0 z Luo COD 3 } t' y t j � l 0 z1}3rx1( r 1l i5 ii::, �ell yf 5} W v, Os x�IH r �ya2� mi 41. 1" Q 4 µ I ` a� kPk .�.! �'{ F - UUU h V MR 3v +� �i�l`t ilo 11511 111bbb sa � 0 O o J = LLI m Q m � . W wU LLI 0 m � U) Z }l Z W ,}{` Om W L � ` W zo m wz Z ;;;,o OQo w U O Z 0 w m LU W J U)W Z � w C/) W Clem h W ::D � O Z CL uo C:) � w Z=� W 2 u Cm J0 �uj Q � Y W zcnEw" a m �0�j == LU LU 0 LU oc U) LLIZ O G 5 LLI LLI i illi �ipv { 7 7 a t-;�litr, .C1 �u O s: eC� a £Ai ffi myp � w x Attachment II September 2020 Social Media Posts 9913612020 Book your nest adventure 64 VA 9 �,rith Found at Sea , 1 3 09,39+?420 ;yet ft and ha re ruin ,brit" 93 0 3 � 491291`?424 Q' #iaco7,uesday'Have � � 141 1 Al you tried the lacus at 2 49129+2020 Looking for empleyrnenl:'7 6 SouOake Fast Bernlvrr X71 10 09129y12424 � HafrW'r stlal!lonalCoffeeDay ts� 4 1 ..4,"1 frons COrranion grounds rs � 49tM2020 There is st!IJ fri e to.a�,°e � 0 Cs 104 vT sec at l�l`rari,�tcru�rl 4J1'? 2)4217 Blahyour,Nlorrda,ythe s healthy k�,ar'v�ith Orgamc f` l 09)2M020 Dine#LrReALocal al, s VA 3336 1 a �, Hr;rr,r AnoAlley for 10 49/2612020 Grine fin or,take-cut ' 3x35 lu ". „ I'Likel social this weekend Vis61 � OW261 020 Need to,t,urh e`4 On(nand IT I fill 0 SaMioer,"Misrt Nutrilion 4 OW25 O20 TGIFi You can da e lG #Uke-'Local all vreeikend at s I G9 24)2424 PI in a sta;,jcalsOn'On Your 1 R boat at tl°ee Boynton Harbor �s� 5 019,12412020 V elcome CO Boynton Beath646 1117 andthe�� u a 3 09124('2020 Plan a 'stafcaticn on voul, r u 343 11 boat al the Boynton Harbor 09 P4 42`020 Vielcome to Boynton Seach HO and the BB RA Area E&C's t94 646 3 4 09,23,12020 eou can dine ia4id dank i 04 4A 231 et-ikeALooal at Driffivood I 09,123/2020 Tire Palm Beaµh C',ounty '6 5 V 2,37 CARES Restart Business 2 PlaCe,�Orff OFderS fOf"(01 09/212020 6 ,I v Kippur at Del Set Bakeiry 0 OW21,2020 Actoss the sireet fi om 481 47 pqNlanna Wilage ,,don,g East 12 09/2('2020 7'T S - DONE=OCAAL�IAEr,,IA 2 5K 727 view Promotion CO N TEST Ne 175 W'M'2020 Dd:a)is51" 36 45 1," 09,121(2020 join us We fay E&C %A 216 9 Beauzy �p Salorn E-, eneitca s 10 09,01(2020 That e is nothing better tharl 499 26 a dericious coffee on a rainy 15 OS20,2020 Vvhafs betlej than Sunday kff 404 25 brunch at Ea-,t Ocean 09(19,12020 Eat#LjkeALoc a]at The 27 V4 338 Shack By The Trafksr Enter 5 09,118,2020 TGIF!Treaty OU rself tc 10 0,4 VA 440 sonvthi ng swaot M Th, 16 09(l&2020 indulge#LjkeAlLoc,al v,llh a va 3 246 rotoiful ho it fi&rn Eaile�s 4 09,,'17;'2020 The Flondar Festiva,s 431 16 OW 17K22020 Big lNigs are happening In5 i .I IV the ilea of Saynton'The 44 284 6 11 09,,117,12020 Get your morning sLuled13 #LokeALocal ,"Iqranna,Cato 322 5 09?16,L2020 Summer sates are3 ,; " �j happening row,it CK,s 160 0 09116,12020 Sumnler sales are 6,4 150 3 happening no^a m Cles a 09116d2029 tt's t"Ac"nar,aoarminole , I ' in . 29 'Os ut Guaca Go to 6 091r 1 2 rCD dNL P.tE' 1 r4 PV W'N GO IN TEST 'Ale WA 6 W 89 View Prosmmrativaum 09115,2020 It:s#Tfant0ru•riaflionTuesca,1 � kop 429 45 Cheok out those derore° tri 09,1410 20 Ocean Breeze Fact rs at a � t+K 61 BSCRAAffnidahlehousing 42 � 09'1412120 There's rbil trrre to entdr gLry4 � 155 1 the ort_ik eALocal social 0 09dt4i202O Mondays ape better rAkh t == coffee from,Goxrmmmo kA 190 1 0+9x 13 2020 Get vouii hair cut and styled 27"", 10 9ApLikeAlLocal at 2hearodogy 0 09112Q020 Feel good aboutmur next hair out and color vnttr d WA 171 2 W11d2020 Freshen up tow,iook 4 WA 214 2 N #'Aent ocal WMT,gore 09M112020 6t4"udVUS Escape Room 3 22 4 Boynton Beach.Florida is 6 09t10k2020 Et ' New business alertr no 4 ry 09'1020,20 Bid your kmour Boymton VA221 4 , Beach is ho m r-to a 5 09'09r'Z020 Have e u visited Pham 2` 5 P"� k r Lu,"olaandr oal - r 0910912020 SOCLAL MED ILA, 1 4K 31 CG d TEST et cid 36 View Promotion 0910&2020 �`; Tlipriking about lunch 10i,a r ¢ t r, nottr0 ;uaza Go,Visit t sear d 3869 0910&2020TI9 ricxi Eo;t ndnaa Beach h11 5 kj CPA Board Meeiin0,evild 44 250 2 0WO&P-020 The nexi BoElton Beach 5 250 GP1_A Board Meeting 1 0 Happy Labor Day,Rease Inc.avale the BECRA Office 8 091'06,12020 Thepe'i nothmig beflei,than 2 I P-11 a#Sunda'-Il'unday out on 225 4 `real youi self this Labor 259 6 Day at Organic Kitchen add 0 Banana Boat is celebrating 397 7 all laloor day 1.meekend 1111) OW05,12020 There s stit fin,,ie to-,nlc-( 124 the AtLikeAlLi so6al 09,'04M20 TGIF�Did you 11 354 8 Sv,iieeii us offeung lisii 5 W04,12020 FaR is Mrniiast here`Get4 6 tk� 3? TV your hair reLAy for§P e 5 091'0302020 iii'DyowbackThursday*TBT 74 t,�4A 640 In 2006 the BBs 21 091'03,17020 the Boyntran Beach CRA 156 1 Adi,,Bsoe-�Boardsrneefing 0 09MY2020 Del Sol Bakery is reopen 8 im -i CJ .251 ,j after a short surnmer break~ 2 0WG212020 Pern taus&Spa us a great 24 e: 4-9 Place to teat'-,"Ou'l-self 10 a 30 091'0212020 Have you visiled The 44 Butcherand The Bar YCit"' 488 39 09,1012020 7he nexi Boyfllon Beath 3 CR239A Board Meeting ill I OWO I E2020 Looking for some fun in the 28 surilhis,Labor Daj 418 9 ME 09,eO 111 It's rs 1, 62S tTransformation-luesday. 33 Exhibit A - Coastal Angler L VIE kcn Locn s �1 1 1 BW ton YP�TC� ICRA JZor 1!t /!}frk L3 "�.� 4 r �] COIW11He11N1[Y RETIE"1ELCYPNIEWY AGENCY att m,rlar .n , SHIP STOKE & FUEL DOCK • 561-735-7955 735 CASA LC],�►1sA BLVD • BOYNT4 BEACH Exhibit B — Delray Newspaper Boca ' Newspaper LIVE Like n Local i )1 WELLNESS FITNESS Your CBI)Store Stretch Zone The Zoo Health Club Pure Barre 1600 N.Federal Hwy. 311 E.Woolbright Rd. 538 E.Woolbdght Rd. 200 E.Woolbright Rd. (561)419-7101 (561)739-8040 (561)736-2081 (561)733-1517 Organic Kitchen Nutrition Cottage Pro Day Fitness. Pilates Body 6 Mercantile 1815 S.Federa4 Hwy. 1550 N.Federal Hwy. 100 NE 4th St. 640 E.Ocean Ave. (561)734-4626 (561)738-7974 (561)737-4377 (561..)200-4923 Crystal Gorden By Cycle Beach Tennis " The Sol Oasis Healing 2610 N.Federal Hwy. 640 E.Ocean Ave. 625 S.Federal Hwy. Arts Studio and Spa (561)369-2836 (561)600-5944 (561)376-8053 408 E.Ocean Ave. (561)336-1067 Fly S Flow Fitness 640 E.Ocean Ave. js (561)543.3433 j". 11 EAST OCEAN BQYNTOf i" =BEACH ` COMMUNITY REDEVELOPMENT AGENCY Boynton BeachC • i" i�. HEALTII WELLNESS Your CBD Stare Nutrition Cottage 1604 N.Federal Hwy. 1815 S.Federal Hwy. (561)419-7141 (5561)734-41,2_6 Organic Kitchen The Sol Oasts Healing Arts &Mercantile Studio and Spq 640 E.Ocean Ave. 408 E.Ocean Ave: (561)200-4923 (561)336-1067 Stretch Zane Crystal Garden 311 E.Woolbraght Rd. 2610 N Federal Hwy. (561)739-8040 (561)369-2836 f 1. r-NP y i �aN ai�X'VM1i;: k PALM BEACH 4�G h yy t �X � !t � 4 1 1�1 { 4� �� ,�� s r l`�iF�--� t� s jF}t f ,,d " t q R �, t•.�;>,. � a],v sip o i 3 6 s 7�� ,� �h ii �_-.+ 'S R, WON- litr¢��t�� i -------------- Y k }{ \ _ t - ,' C }� fF$4` lk hiiWJ - _ _-------------------------------------------------------------------- -------------------------------------------------------------------- ------------------------------------------------------------------------------------ -------------- of -------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------- ------------------------------------------------------------------ }r 4 F � m _ _ _ _ - 3 ------------------------------------------------------------------------------------ - =----------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------- t 1 ------------ A � ------------------------ - - - - - - - ' Gss � } 4"�vassw ,�viass m�viasa wm�via, swm�vx sswmc iasswa viassw m�viasa vm�vias swm�vx cswm�v ,sswm viassw ,�viass vm�vias wm�via, viass,n ti ;t}4OM"', i v x 1 Z I .1bv PHI r A{ a[rp 4 rr1v4}rr3l� t v 1 v 1 , � tI } y ( , ', v' „ i V ""ll � ,1\•.,�t� h , S ut »,I t 'X• ,�t_; v Y' F,,il 'i - �i{��€ } },I�s7rSltStssl , ti ii rt t r k N } Y ,: _ a• � 5. ,� �r�e-�� - ir� �4 fir. - -�^'" - t4 I^ 'i r:k..� ) '-,k. V,�,-�k �.-,.\.' !S. ,.�, R.=4 \� .u.:w \\\ \ c ��.j1� 1 4 Y z�i t`..�_.., � `z`�F3��:.�: ,.S. �,4,a-�-• ..la .,�_ ,; �... � � � - �' t,.lV.,-fi„Nlti.,. I .�.. to _.vF a.f-•_.,. \ t ,xe.'4 dl s. r..n.�€#4-..s,.i.J;t..3,:.Ya `ff _...�I'.,..__, 3..,,u_ i�i lsl��<m.. .ffl n.lie e 34rA 1. 1 hqr,.,t9lu.,h.... � 1. gl a,.6tt N. __.,_xx r1,.., .1 S. j: i �.�.- i \ �__ a ,t �„< � � � _ �\ �, � CR�S1�`� .• �S � +,,ti ��'1"�"2 �' , F �� ,.. '� d 5�" ��s'k.aa t'i� � `�l3" l� E _...,.qry `. €,. §'1Y,.#� _�! r ,- f',,`� „ f:,1P ,__._.,, es.,." ro' � - vS..,}s,�:,„ .� `�' �s,r #1'^ r.__•\`�; ,.,t-, '�{e i; 7,<r „i, _ _ r,rcv nu.�.az kse svvvan,.r;+x~:` xaw ,;,xr u,-'r4H?raar••.�...+-.:_ .«,_:_ ,x..,,e -,..�, � ,, ;'+a._,v r ?xHtsic=, vir„:�..,i-s: a� - - k x "mmnsti mt,�nnt•m�<:r�;amn ,m �, f, , ,.y � i j�?V.ry. �it�yi trrtill�it sil�i{�,11�14�i��{I s�� 1.. e t ' e,GI�� ` ------------------------------------------------------------------------------------------------------------------------------ ------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ �I ,r � ,s , ,r s, .. k# } ,a 'Y \v _.,,},,is �,{ 1y{ .,,��y �` '., ,4 t 4 „t, 4 •t,-. 4 .:4 ...Y t ,4 t�, \ I� 1 �e ,r � ll" s � 1(i\f �-��t: - - h)1E 14. l %, %Wgp \\ }' , f at ) k ' . Yt - Ic Y y \t' t ' \➢ 5 t� t �Ift�� tt y 1 1, ( }�� 1 G�.i �_. de �€ ��1 )r z ;:rs�, r�:,,�.� �'F. )e' afiri��G � -,r `��">a•\s'{tf-_ ks r f�-�i.� s ��,�'� t�. "�� h Gf n. a�'S�',��s�.t - � �.. r�,t � � - .`I i..ti.-� „r.. `��.'S,, ..=3 �. y�F3 ti+.... �_� - � - ::�� ,. -_:_a �,.,.`<•... ,rs.-.,.. _ Y..'s-n(a u,� -.. ,. --.v,._4" �4� '•4p �I '-' S ass. t f .'ag. t tH, =::'P ,i.+. a e,. 4v. 1 Rz i} l _ �s7`. � `�)�tt•�v �pa�`u� �s, �41: - - 5 5 t{n''w��1p'�S$�'�v.p,..:.��,ppC`t ss�`��r�s�,,' `+F �/�-�3�k3�'�r' �:y�;p - - _ - �it '' S �t s C t ' t` 4 Maintenance /Storage atering 70ffice :itchen I l l I I I I WEST ROOM EAST ROOM Covered I (24' x 64') (30'x 52' Patio (1€3'x52'} I I Fireplace l ( I I I I I I I I I Covered Elevator I Patio equipment room I (1Q'x52') Elevator Elevator I Lobby Storae I (Locked rea) IIII I-FY, zi Lobby (33' x 17') Men's Room Ladies Ladies Toilet Room Covered Patio I (33' x 8') I I ---------------------------------------------------------------- ----------------------------------- ---------------- ---------------------------- !s Fiz L-L i �i — y �• ' 1, i t i !iii q i k .,,,- a e�,�' ( t.— _. F =3,� ( t a —,( e �., ��• e n 3�(mv�� a ( � v _ (4mnumsuuw�ot,!��« v. , ,,,4.,. ,•.. �� v. �,�. � -.S N �.f ,, • ! 'Y'';"��i S -v nU-,. 4�. #r F �'.�'._.•..:`5U''�`.,a- , �U r, 5,^... ' t1+.:�1�b �i� �,., r i ,. .. + � '� k�.. y1., �' y th, ,'._d�a ..��. U.,v.�l�.. r�� .t y,�.. -•,tis il,. �� 'a.., jf.�� - ,e + r r r ��.r..E..r..r..r..E..r..r..r..r..r..r..r..r..E..r..r..r..E..r..r..r..E..r..r..r..r..r..r..r..r..E..r..r..r..E..r..r..r..r..r..r..r..r..r..r..r..r..E..r..r..r..E..r..r..r..r..r..r..r..r..E..r..r..r..E..r..r..r.. . 'i� is 'au ,1�1\`��tu �G(4�{5590'lqut€Is s�r,�-� M1�`ii?� �`i) " at - �»_�. � r-`s vx _,.�- �, �•� __ u�u,•Via- _ vc - - .-=:uz.,. .,x„ysc.z�:nx +s�..�.� c�.r ..._^; �+ p 4{. r + # 1 z rt! ' 1 k d �3 t , I F h- ( � r � t s s i Ili E Toilet Toilet Stage (65' x 17') Dressing Room Dressing Room Open Balcony (not accessible) BALLROOM (55'x 55') Open Balcony (not accessible) Elevator Storage Storage Lacked Locked Area Area Upper Lobby (32' x 17') Open Balcony (not accessible) P / f- �1 t}S,',jj Ix 1 - p - rw --s ,+ kr, - il �-.+�� -.,. � -,_ r,u �� -. �-. G }'$x ,�..-�L1� ,- �� ;�U}!'�, t4._�i' ..r S;.rx_- ��i `\r � ;r•-� � ��k ,.'�S k..t. .,�fi� :-.ti. ai 1:_ � - ,� } }a•,,�a � �. <k� rs � w h�v.1. , to ,L��VVz r,v _ r tt r. s �� ll,,,,, -lt Ifv� r�,-� a,n ,fa , �k �sul }, ,�srh�.,u1 _G�" ,rLr„, - �V } Vit. N$ k 0!-.,F s� � � ",r � x c... y s �Ar 7 } I v�t1i�t ` E kx i lw a{tt s 1 RENTAL FEESS ADDITIONAL FEES 1MENe,«_mhm.;n >vrcnP+n-.r1,°r{ �R nc„a' re;n�uyayi 7 M,�� t� 1`11113 t� a ,a .,, { '� Lrr' ;c t ,,,G. ;�{ �`. 1 ��k--�°� � yi\� �� Vit,�”� �Y , �. �- � � SON, � xr, ,� �-.�1�?�l e ,,, ,,.., 1 xFe , ' '�+G' "111011 sf,{Yj{,�i��s �k!�,tt ti z,! .. 4 -f�� ,.,,�5� "� }� �� 1Y .r- ; 7 �, , .V.� `�.--�" . -+�.rbLmq ,; ,Ut ."a@ <,�t,r �t 1, '., k', ail MIME »!.` ��°�'r Vin" {n � t��`�"{ t\ �� G � �� t�C.�:, g � � rx� ,s� �:r � q�( c� m q\ \ l�{ ,{.l .Elitiol `7+,..� � Q t� :-::-r.r i .= xrts' t. l ,l n.�t Ltil` �Y_:.- '1 'S _ 1 \\k$gi� a 4c :.aip a,1 .r. ,:r, x, nr 4. r rt! til i s „,> r„'•"r, mn-,-. L -., . L -_iy l N'-... `x: - i1 'uL-�'. Mw S ��H al r, k=.{Ll --'',+'u,.. '} \ 4 1 4 4 - '1 - ` Aw f 'lk. :il, 4, 1 'z,z�3"� t� .��a �� '� �?t.�., e�zta�� ,,, ;,��,,.��, ""�Q\\"� ° ht* �b�,G �is � ��L.x �_i�i� t �\ 'S{II �S1S`a c _ iC 1 t „q< ��, ,, h Ft:�.�$+€, �- �?t�- -k t x�-s�,�.e tu"�`Fs r�� '-._ �4=�-�\� £ ... "iS��,'�...._� 5..=-:_: ;3� ,Y�`Cy`S 3itS G'�t 4.;: �:..=',GY.=__ .. � rr<—s �= A a �_ >�xr� ter x mil �\er , ., A n ,� ;r ! ” �_ �.W 1fS, 2 21 ?�_.), e.aG�x �Y+�.�!„ --C��?"?,111 ki, p _� "�"t�L� 't-.'�{"„ „ iii - 1��14�F�O E.C'ij�'hY,"e_ }� "g", '13 ,tt lr, l ,I) I - 1 ,5!?!' w{fi \ L\s i{ ,.r.- �'N' k 2if kGfb',ki p., t'�- 't\ INE v` , �� {�v"` iw -;1 } ,�'� {�, �� `i.X17 8r q� w g 1� 9ylpay! s r tz1 r t r l ua am>}r€,,tu I5 u m n t �w'S #i ;- 9 .- "411ti4Y~N�S?zx '' �t "ft'i,L]}1k,= @l'�l ?'` t } 4 \ �r �., Y '�`,t, Y.i =. .�'. �^., In, �� t •„� � � ,�' r,� 4 f�,� ,\.�s `\a`\, �+,\s, still �,\\`t � r \ hili f t� �:_ `�i w� , f _\i� � � � { �.� f,,t� t� Y1? , \ � r `\_- � fx`i'' � 't `; ;viz -•'>\ m' \ :”°"`:t � f" \e sr�., ,_3 1s r.. v �I_��) r�I'M ¢ � tl�N�i��rl,�Sl'I f9 l� X vn 4 t • III I i''�`!�� t p� xf�5<. I �IIiI�I�I�d(m , - � I I"U�, �uk�,�i ass „� ,..A . }t'`�Et;, Ott€I��,��, s r> r, }4sE+. {"l f,,ii, ry w,r ��m , F �,��,�tr .� I� t��N,�£t��1➢ ,-s AYy�f�`t, r,ur z 1 ..F�� r\- s. ��., f,� ,3, P ., - �\'�4,�,.. ,..� g:,. a ,.., R;� Yk ,, a -�y + _,l.,.pp_ ! a.�...�'-} ! 7_,. .. .4..=.,41._ �v�" ,, 9�5 � -8.w, 6'�.•,� ,._ � =�(@i` I q. �.=1 � � � + .,�',\ Y+£ ,-v'\ t - 1 �7`nF`*•. _�u� n X �,,,s i _:,,Q`�\v,Y \.�,., .�- �S~f "s�(_ ,, .:N .- -_"', {• ,') �1 � ,�,�r\� "C ,S..Y � �..fl_ - �%}f t.' C)',,. � ry •F':= ,.)��+ *fiz }.<. -Y r N.c..- _,,.lrQY�i.., � � - - .t-. ., - .t, r,i \ -.� ,v; ,� »i.,__ s ih 9tt ,.. ,.,i;.t , l .} -,,, t. , t_+. -., ` ,,� r�' r -. t •"rv' `�`., t --,-,',,,. rs_,F 4;_,A r ,.➢ , @: U .i� t- - Y 1 t , , tf '•:^`i-.- - ' t+ _ c, I<s „�� 'v r '-:t -; r' ... 1>� =_Na_t le ',-_ y -..- � .q 3._vr:, i jj Y 1 t InM i A \ s Y Ali ! ` r F� it t r t 4 i p r' r it l^ tttl!{vl I a� rt {` s2i3O. 5 t ',,,,A RE-NfAL FEES ADDITIONAL FES -. «,,,.»+,w«., ._.,,«,:.�; .. _,v.,fr,rry ,,, .,,.r„«., _..�*'.,ff -.,+,... �r,«r.», w,+,rv«, ,,,,,,r-•, '»«,,,,„,.;>„n««,,,,,,»»„»,,,,,«,.xrv„ta"Y,»amp.,»„»," ,,,,,,,,hc,,,,,,hc,,,,,+,;.,�r,:»,,,,,,,,»m«.»,««,,,,,,»»,»rc,-..,",,,,»«r,»r rv,,,, -.. z.�„w..»«„» „»,,,,.» ,.r»,«.,.�„z«.»”„»"rcrv,».5 ,.=, "= — 4£�` n`.l-S `a” '{., _, h,f -. fi-, y „ •q ea -;i - a - s.s ',`X.=m ,S y r, i'_': _ s, , ,...:Y. s -fit F,: 'i ' •r;^ kI} t .X _ -:'a \ Y'; , \�5� �,;i�;t� `X � ..,x ��, ,m-5 r •ur, "z w �: Y}�:Ih§ tit_\\+i1`.. r li., ll; 'Y, �.t"* 1 •y' ryry t I _ fit_. t.= �, ki... 'fry,..�«,tt ` ':, , ¢,:,,_, - , _„y» 1j tr' 9}i :.._v •v F1- \ \, ., s _ £t'1Vft�i`�`�l�A��',�}a�\�rY\� �\I4i�� ==�,t�C+�\�£cS`\�i`i\\YYit;r1\��4�i�\�i\i°r��'�dii��\1�i��G�'i,�'.�� \5iiu\\\1Y"£iill�Sl\Y��\�., S t � NO �\y,� �� , \ R l' fiYGit� � � a t�\\Y 'Mal � �j \ �� s rviy j� f.. "law 9A t �,\ ,. .P � ,1 n.4s7 Nl FYI _ t ..-, i k-,,, , �1s , ��Je: s� 1 t,�? �sy�,��:''��i y,s _� � �n' `�A! cirv .,a'M' \ R s , ' Y,: ,-_s s,tri, =e urn \ ,:�1g � g ys' k i 511 � }- .t s � - ,� \,._ i r ,;, _� '�`' , � . (1\}` , .-_„��,t � t t,� t _�r_.•x�= n 1_ � � ._a c ,<F,.,,\ ;��, \ _ ,<>}� ,. -c\=_ . 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: October 13, 2020 CRA PROJECTS IN PROGRESS AGENDAITEM: 12.13. SUBJECT: Social Media Outreach Program 4th Quarterly Report (July- September 2020) SUMMARY: The following is a list of the Social Media Outreach Program (SMOP) business development activities from July 1, 2020 to September 30, 2020 (see Attachment 1): • 89 Businesses currently registered in the Social Media Outreach Program • 5 New businesses added this quarter • 79 Business contacted this quarter (contacts are done in-person, via phone, and via virtual platforms) Social Media Outreach Program Elements • One-on-one social media assistance with businesses has helped businesses to promote themselves and grow their following (see Attachment I I for examples of assistance with E&C's Beauty Salon Experience, Intracoastal Jet Ski and Boat Rental, and Beach Tennis) with various social media platforms such as Google, Facebook, and I nstagram. • During the COVI D-19 Pandemic, local businesses have been adversely affected. In order to assist BBCRA District businesses with promotion via social media, the BBCRA has created specific social media campaigns to engage our audience to patronize local businesses. o Please refer to item 12.A. Marketing and Business Promotions Update for a full recap of the Like a Local social media campaign. • The Boynton Beach Insider Blog has been re-established to aid local businesses and the BBCRA with web search engine optimization (SEO) and to build awareness to the Boynton Beach community about local businesses and CRA projects and programs. From July to September the BBCRA has published the following (see Attachment 111): o "New Businesses are Opening on East Ocean Avenue" published on July 27, 2020 featured Hurricane Alley, Oyer Macoviak & Associates, Chez Andrea Gourmet Provence, E&C's Beauty Salon Experience, The Butcher & The Bar, Guaca Go, and Pio Pio https://boyntonbeachinsider.wordpress.com/2020/07/27/new-businesses-are- opening-on-east-ocean-avenue/ 0 "East Ocean Avenue is Open for Business" published on August 6, 2020 featured East Ocean Cafe, ArtSea Living, The Sol Oasis, Original Barber, and The Blossom Shoppe Florist& Gifts https://boyntonbeachinsider.word press.com/2020/08/06/east-ocean-avenue-is- open-for-business/ o "Ocean Plaza Welcomes New Businesses and Celebrates Established Entrepreneurs" published on August 31,2020 featured Alchemy Eco Salon, Penn Nails & Spa, Fly& Flow Fitness, By Cycle, Sushi Jo, Organic Kitchen & Mercantile, Scheurer's Chocolates, Cafe Frankies, Bailey's Blendz, Details Design, Boynton Beach Florist, Tropical Troy's, Lighthouse Vape & Smoke Shop, Angel's Secrets, Palm Beach Shooting Organization, Fran's Sew N Sew Dry Cleaning, and Jackie's Grooming Spa & Hotel https://boyntonbeachinsider.wordpress.com/2020/08/31/ocean-plaza-welcomes- new-businesses-and-celebrates-established-entrepreneurs/ o "East Ocean Avenue: Connecting the Beach to Downtown Boynton Beach" published on September 22,2020 featured Posh Properties, Mak Lash and Beauty, Boulevard Paints, The Law Offices of Reed, Griffith & Moran, and Expert Closet & Shower Door Professionals https://boyntonbeachinsider.word press.com/2020/09/22/east-ocean-avenue- connecting-the-beach-to-downtown-boynton-beach/ This quarter, the Boynton Beach CRA's Social Media has grown in numbers enabling more outreach for businesses if connection is made with the C RA's platforms. Attachment IV contains examples of the top performing posts and all posting activities during this quarter. The results indicate the effectiveness of using social media as a marketing and promotion tool as there is a steady increase in all platforms in each quarter this fiscal year. • Facebook has grown by approximately 138 followers since last quarter (from 5,795 to 5,934) • Twitter has over 10,400 impressions in the last quarter • I nstag ram has reached over 6,000 users in the last quarter Upcoming Activities Include: • Develop new social media strategies to assist local businesses via the BBCRA social media channels • Assist with the BBCRA strategic marketing plan • Continue with one-on-one business assistance • Continue updates of the CRA's business listing • Collaborate with the Special Events Team for upcoming events in FY2020/2021 to assist in recruiting businesses, creating the Social Media Kit, and assistance with social media during the event • Coordinate with BBCRA Grants and Project Manager to promote the SMOP Program to prospective grant recipients FISCAL IMPACT: FY2019-20 Budget, General Fund, Line Item 01-57400-100, $48,410 FY 2019-20 Budget, Business Promotions and Events, Line Item 02-58500-480, $225, Social Media Advertising CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required unless otherwise determined by the CRA Board. ATTACHMENTS: Description D Attachment I - BBCRAArea Businesses & SMOP Businesses Contact Log D Attachment 11 -SM OP Assistance D Attachment III - Blog Posts D Attachment IV -Social Media Posts a O E '0 x x x x x x x x x x x a� a� IA bb a� oC u o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 tu N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N V O Ol Ol 00 N O O O O O O O O O O O O O O l0 l0 l0 l0 l0 L.0 L.0 L.0 L.0 L.0 L.0 L.0 L.0 O yr m N N N (N (N N N N N N N N N N N N N N r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 r-1 Vl \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Jto Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol 0 J U fB C 0 V L L (o Lr) Lr) Lr) Lr)m m ry) Ln Lr) Ln m �t �t �t Ln m Ln m m Ln m It m m m �n m qt m m mLn Ln Ln Ln m m m m m m � m J �n m '� m m m '� m m �n Ln Ln `� Li '� L1 m N —1 � m m m W m m m L s Ln � s " �' J LJi J �n L LL J m m m m � m m m Ln }, cuo qt m U m m s J m " m s " m s s m " u m m m m m m m m m m m � m m � m J _I _I J J J m m � .�_ a) m '� a� J J co u m s � U s m m m J s W J W E W W W � —1 W W J m m m m —1 m m W W a� m U m co U co a) U W W m W W m N u s co m ° co a� a� u co m m C L, m C s s CO U J N J m N -� m m N s U U U U U -� U U U s W J m o u s m O D U c co u CO W m Ll m p U u u u co co u u u u U CU u "' s N J N N O m s C S O C S O O N C0 fu * N N N N N s N N N N s > U N W > m m U p U 4-� O U +' +, N O C Oc Co m m m m m U m m m m N U C N I +J CCCCC m N C C p O N C N C N C O C C OC OC OC +CC co o N m C U O O Co 4- CO >, CO O >, CO O O C >, m O Co O OO 4- 4- C O O CO COO O C C0 >� C C co C O C m O O 00On6 C > > > > > O > > > >, OQ 4N >, r-1 r-1 4N 4N I004N r-I 1p > O O O O O 4J O O O O >. 4N (B CO C OO mc N O m m m m m C m m m p CC co N O C � ' co C Ln O (N m 'a >' OU ry = = = = = = m = = = = U) 00 m 0) N N N N N N N N N N N N N N r-1 N s 2 s s s s s s s s s s 2 N N N Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q io Q O c c c c c c c c c c c c c c V c s a ss s s s s s s s s a c m ° s s o -a o o o o o o o o o o - a� +- a� a� a� a� a� a� a� a� a� a� a� a� a� 4J a� a� roN 4. U a) � U U U U U U U U U U U U U � O LL o 0 0 0 0 0 0 0 o O LL Q) tA '5Ou- w0000000000000wO � �, � � � � � � � � � � �, o Q Ln w Z Z w w w w w w w w w w w w w Z w w N w w w w w w w w w W Ln W QO m w LA O O O O O O O N O 0 0 0 0 0 0 w (-4 -zl- (-4 � � -zl- w O N L.0 O -1 w O N O O -i -zt -zt -zt -zt -zt -zt m -zt -zt -zt -zt -zt O -zt m l0 m m N c-I LA Ln r, N Ln N Ln -I V Q Ln Ln m r-1 Ln 1 l0 1 l0 1 l0 l0 1 L.0 L.0 L.0 L.0 L.0 L.0 L.0 l0 r-1 l0 Ln -I Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln r-1 l0 m m (6 N 4� C (6 N i CO p 40 4� C N N O f0 m m a) ,i U f0 N � a) � °U L (n O cn > n c N o2 E c c -a O -0 s 06 v o c a) � Co p ( -� a� an p c s Q o co a� U w o ° ° > -5 � �_ E m Ln n N U � Ln m c 0 ° (� a� — o H Ln 'ro a) — to N to U 2� to to 0) m Q O 7 E ^ 0 p Z o ip 06 O w Z Z > ' U - U m N > j u — i N -I- 7 i .0 C � N m 0 O N i M " O N .p (0 N y, a, C N N Q 06 -p C 0 Off U +: Ln O N fl tA o 7 s 4� s u dA .N > N N a U to C C s N p o2S C o :Ep N C .N i pp N 7 m W = f- E f- Q Q m m U D W J J D_ Ln Ln f- Q m U U D W W (7 4- d- Ln f- m c-I I N I m I zt I Ln o0 I m I O r-1 N mLn l0 I� 00 Ol O c-I N m � Ln LA I, w m O -1 N m c-I c-I c-I c-I c-I r-1 r-1 r-1 r-1 r-1 N N N N N N N N N N m m m m a O E a, x x x x x x x x x x x x x x x x x x x a, IA bb a, oc u o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O a N N N N N N O N N N N N N N N N O O O O O O O O N N N N N N N N N \ \ \ \ \ \ N \ \ \ \ \ \ \ \ \ N N N N N N N N \ \ \ \ \ \ \ \ \ V O O O O O 000 w w I- Ln M l0 -1 r-I O n r- r- r Lr) N COCCOOl Ol O) OO y, r-I r-I r-I r-I r-I r-I \ N N N N r-I r-I r-I r-I r-I \ \ \ \ \ \ \ \ m m m m m N N N N 1A \ \ \ \ \ \ 0) \ \ \ \ \ \ \ \ \ 00 00 00 00 00 00 00 00 \ \ \ \ \ \ \ \ \ u 0) 0) 0) 0) 0) 0) 00 00 00 00 00 00 00 00 00 I- n n n n n n n n 0 J U cB C 0 U L L (o d m m 4- m m � � � m m _I U) Ln J -j � Ln ,n �'� m Ln " Ln Ln Ln m `� Ln w Lj- m (Y) c,) –I Ln m s `n m m m Ln Ln Ln "� m m � u - U m m N m m m m m u u LL m m s " qt m � m M M M ,n qt qt ,n m m m m m m -j m m m s LL J m U m Lr) LL m J J J J m m m m LL, m m a) U) m u- m m m m CO U LL- a) m J m o u w w w m J J m m J m m LL- -j J J J J c6 CO a) w M w w M w s J J m w U w w w 0 a) U U m s m U c U U U U J s s J w s N w w U s 0 O m m O c U �'' > m m m m u U U L, U co U d s s s s a) +- J a) O s Ln O Ln s s a) c c c a) O c0 a) a) a) a) s c0 cO s Ln c0 ) u m cUo cUo cUo >' > O CO CO + N w m CO CO CO CO CO U a) a) U u f'') m a) COm m � � m m CO C c o > m s C ° c c c c ( m co fu m � m o m a) a) c Q N m 0 m m m > 0 O m O c U o O O O O CO c c CO CO m m c m m m 0 c ' c c c N p O C � >; m �O C a) c c c c O O c J J O C J c c C O > O O O +, O CO >' >, C m >' > >, >, >, >, O C C O p w w c p u- 0 0 > ' Nm ° > ° Q O O O O + + C s � � cB c 0 c c c c c 0 m > COO = m m COm COm c p p c U m N 0 C CO> CO >' O m O O> >, U '3 >, >, O >' O O O O O m a) a) ON m m m m c m m Q(3) s `Oa) Oa) a) m m > > > > > CO LLJ > > >°a) 3 3 >°a) >aai) mOc c = s Oc >aai) >oQ 6 0 0 0 Q Q Q Q Q o cacccsaaazcn ° EE > caai) mE O c c c " >OO O m Ou 0oo aas JJO O a) OO Ja) O CO (B U U U U a, aLn U , U U 0 0 U U U U U 0 cn O O O O O w u, z 'E O O O w w O O w � co O O Q LU w w w w rH rH w cn cn O D w w U U w cn cn w w �_ �_ cn w �_ w w U Q 00 r-I r-I O 00 00 N r-I Ln N O N r-I Ln O O O 00 00 O r-I m N Ol N O O N Ln r-I 00 O r-I m O m r-I O m '� r-1 O Ln O � � N N � O r-1 O m cN N� r-I O c� 00 r-I m VQ l0 -1 Ln l0 Ln c-I c-I c-I l0 c-I m c-I Ln l0 l0 I� to c-I I� G G N Ln G I� m >, m a) fu a; a� O co 4� � a? aA 0 c fu c Q U ° c 0 E > a) m + a) ca Ec`o a) cco U °O °� o a) ° o s m° o a c°no 06 c U >_ x c s U s s s 0 `p m � - > s a) an c a s s ° w e 0 + a) U o O +� c c ° U O +� c a) +� E U m > s E ° u E o p °) u O o 0 o m m o m cco = N c 'i w J >, N L j U m O F Ur 0 Ln 0 N � C J m = c c c c a) c co O � � (� .� 0 cp -t3 s a) � 0 O co N U O �, a U p �, _ c _ o 0 0 o Q o i C i O N Ln U O 7 N O O U 0 iF= a) w E i m (p C C C C N c .uA w a) a) ,, m > J 'c co0 :3 co o -t3 E co a) c f6 > > > > a) > m z O O m V) Q V) f°- z O v v E 0 vim) V) � � Li v a � m m m° m° m° m° U Lf 6u m° Ln l0 I- 00 m c-I N (10 Ln l0 r, 00 m c-I N m Ln L.0 I, 00 0) O c-I N m 1. Ln l0 m m m m m m � qt � � � � � � � � Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Lo Lo Lo Lo Lo Lo Lo a O E a, x x x x x x x x x x x x x x x x x x x x x a, IA bb a, oc u o 0 0 0 0 0 0 0 0 0 0 0' o' o' rn rn rn rn rn rn rn rn 0 0 0 0 0 0 0rn rn rn 0)t0 N N N N N N N N N N N r-I r-I N N N N -C4) N O O O O O O O O O O O O O O O O O O O O O O p N N N N N N N O O O O C-:4, O N N N N N N N O N O O N N N N N O N p \ \ \ \ \ \ \ N N N N N N N -r,4 \ \ \ \ \ \ \ N \ N N \ \ \ \ \ N \ O � O O m0) O \ O \ \ Ol 00 00 00 � \ O N N N N N N r-I r-I N r-I Ln N N Ln yr N N N N N N r-I \ \ \ \ \ \ \ N N \ Ln \ \ \ \ \ \ \ n r, \ \ \ \ O O \ \ �O �O \ \ \ \ \ N \ J � � � � � � � N c-I r-I r-I r-I r-I r-I Ol 00 Ln Ln Ln m r-I O J U f0 C VLn L m m L m roJ LL U m a of) m ,_n ,_n ,n ,� ,n ,n ,� ,� ,_n N � Ln Ln CO m Lr) Ln m m m m m m ('') Ln Ln m Ln m � Ln m m m m m c —1 Ln � It m m Ln m m Ln Ln m 't � � � � o LL m m "� "� �Y) m m m m � m m � m m m m � m m m m m c s m m J J m � m m m m m m m m Ln m m m .� m J m >, U J J LL LL J m J J m Ln m m J Ln m J M m M � m --j -j J J O N LL LL LL m LL LL J M J m LL (17 J LL J m J LL LL LL U- m a) S s s S J S LL Ll- —1 L'1' U- J —1 M LL s s m s U U LL s m U- s m s LL LL U U m s s s U U U U U s m s U (17 s U s J s s U U c m m s m U U s c0 U U s s LL U co co Ln Ln U Ln Ln N N J N U N a) a) V d m m co m f6 m co O a) N a) a) U a) m u M U a) J m Ln m U f0 Q a) a) 4- + m m m m c0 m a) c0 m LL a) m a) f0 c0 m m }� m CO c m C C m COm m m m a) U m C c ++ m m CO m m > c c c m c c s m c s r,,) c m m fu Q L/) m m c m c m c Ln Q o o 0 o O o Q c U C O U c m o c c c O O J J Q J 0 J O 't3 m +-� +-� C C •c Co � +-� O N Q C +-� (6 Q 41 O � m O C C LL LL 4� LL LL 4- > C C >, >, C C 44 a) 4' O C a) 4- J c •4-� O 0 +-� > > C C >- >, +-� >_ C m C > m C C C > >, m > O O O O C O >, >, C O > > C C CO >, O O f0 s s >, s s c-1 O m mC >, C s O >, m m O OCOCOm > m O O m O > 4J O U) U U o U CO CU CO UU S *k COm O m CO O m O O m COm m O O C m Nm m > m mo m > af6i 3 3 3 > 3 > > ai > m 3 3 > > m° > a, c c 3 c r1 c m = _ = s s = 3 = _ _ ° > = Q C = = 3 3 a s s c O O = O x o = c uA an _ m = Q m = O r = ai = an an Fo C C C C f0 +.� i i i f0 -.F 0 --F 0 C i i f0 f6 �_ �_ a) a) V) i .0 a) V) i > a) a) F i Q i -0 -0 mO ' 4- O Om O O a) Os O -0 4- s O O CO ro Ln a) CO LLm aaaLn aLL U- kD aL.o aLL. LL- LL (3) N N m LL f0 LU f0 L'1' Z (n Z Z u- (n Z (n u.l LL z W LL (0 (n (n LL LL u.l LL V) .i Z .i Z > O Ln O w w 0 � c-1 O Ln Z Z O Z Z •i Z Z Z LU LU f0 f0 O f0 O f0 Ol N O O O O c I O Ln Ln Ln 1-1 O Ln O Ln O � N r I O N N c I O m c I c c O c O c O m LA O LA O -1 m N m Ln � O N � Ln O Ln c l0 Ln 0o O O r, V Q G G c-I G r-I G C*41 m c-I N c-I I� m c-1 l0 c-1 r-I 1--1 r-I I- lO c-1 r-I G r-I r-I r-I 00 -1 m m m m a) E U U � ~ a) U O c a) a )U 4J 4a i o _ i i s Co O S +-� U_ 4- 0 C N 7 a) O_ i O O U a) vim- a) > 4- U C O C O vL O_ aC, a) m c '+- U J N a) Vl > O E U E c0 a) 't3 +-� O > c C ;�, N >� U- ,� O +-� c0 >. c 0 m m O M N a) >, -0 O N O > E N z + dA f0 i C `n Q m U s ~ O o E m LL Z in 3 � m c .0 O Q +� c -t3 O 3 a) U s m N s L L, c0 s a) Ln co +� +� U c0 +� D Cl s a) a) c .n E c� _c_ co E c0 c 'U U Q a) s •c Ln a) E a) > m � d = G G m 0 0 :z d Ln m O m m m LO d Ll Ln Ln LO m I, 0o m O -1 N m Ln L.O.I� oo m O c-1 N m � Ln LA Io 00 c0)o O c I N m Ln 3 r- oo m LO L.O L.O r- r, r, r, r, r, r- r, � � co co co co co co co r- 00 00 c) rn rn rn rn rn m m m rn CL O E a, x x x x x x x a, MA bb a, oC u 0) 0) 00 00 °�° 00 00 00 00 m 00 00 00 00 00 00 o0 00 ca r-I r N N N N N N N N N O O N N N N O O N C \ \ \ \ \ \ \ \ \ N N \ \ \ --1 N N \ V O O �t N r-I m m m �t m0 � N Ln 4a r-I r-I \ \ \ \ N r-I r-I to \ \ N (N O \ \ \ 00 00 \ \ \ \ Lr) N \ J r-I r-I r-I r-I 00 00 00 I, r- r- Ln r-I O J u fB C O V ry) N � +, m L m fB J Ln LL- Ln mm m m s m m m (1) m Ln Ln Ln Ln m J Ln CO J M Ln Ln m m m m Ln LJi L`' m Ln Ln C "- J m Ln Ln U) m m m s qt m m o s LL- qt m � m Ln m m Ln m m s u �Y) qt qt c u s m � m � m m m m m m J J M N N -I M M O N N J m � M .� LL- LL- m LL- Ll J N [n L'1" J J [j] CO N LL- J M J s s m s s L.L m s L L- L L- Lr) C m s u- _ L.L m u u J u u S C 0 u O u s Ll S M M LL- N s s f0 u s u u a N N s W N M c u u c 1 N M u co Q m m u m m O C >, m N M 4- >. C m N N N Q c f6 c c m o m° c m m m° o c m m m O O m o o C m o c c CO O C C c C +' c O -a 4' 0 0 -0 -a 41 o C 0 > > c > c -t3 > +� � > > c c c o 0 0 0 > C C > c0 CO CO c or CO o m s m° O o s s CO m o >' o N -� -� -� m s u CO m u u s CO o CO N O >, N m ?i > (6 N > > N N N > > > 2 Q 2co W m C dA dA > dA 't3 m C = = C C m = 2 Q , ." co c O O O C = io N vii > > 7 > = m mm u w mm >m m , W L� Q LU LU Lu Z Lu > O Ln V) > > LU N Z Ln rH Ln Ol m om , O N r-I N N O N 00 qt N r-I OQ r- LA Q Ln 00 � � N rI -I � N Ln Ln l0 � rIm m V m m i N J 4� 4� J u O J 7 N E 0 N w 0 w 7 i C LU C N Q C O _ C 4, S u N C N 'A N i C fu > N -O O C 4 Ll Ln m > VI i f0 N ._ CO s Ln C - Q -� - f6 (D > w N = N -p 7 w tA fu U NC c p � >. .Q u > 0 °' 4� " O O O o o o O ° m v) f- m V m w f- m V n_ f- V = o_ Q z O c I N m Ln l0 r- 00 m O -1 N m � Ln l0 r, 0 0 0 0 0 0 0 0 0 0 rI rI rI rI rI rI rI rI r-I r-I r-I r-I r-I r-I r-I Attachment II One-on-one Social Media Assistance E&C's Beauty Salon Experience 510 E. Ocean Avenue Unit 102, Boynton Beach, FL 33435 E&C's Beauty Salon Experience is one of the SMOP businesses that has been receiving 1-on-1 assistance from the BBCRA. E&C's Beauty Salon Experience opened in July 2020. As a newly opened business, E&C's Beauty Salon Experience had little exposure on social media. Since joining the program in July, E&C's Beauty Salon Experience has been able to establish and grow an online following. SMOP assisted E&C's Beauty Salon Experience in creating a Google listing. A Google listing allows the business to be discovered by potential clients through online search engines and helps potential clients geographically locate the business. The Google listing resulted in three new clients within the month of August. v N l S CJ�I o"01hi 0 U 4-"' f I,Ir FI,.r; lll� , ' LGAuto 1 s �.. "IF 0„ GriI i Park -wphotos - ! r« - t".,r.j�..f..h��' ir.,.&_.v rfuod h 6f d - IBeauty SalonExperience U ,,ilGrI D—e7 Purk E&CS E4 auty Oalar7 Experience e _u I -_ Website Directions save Cali' 500 OCEAN Ap,trnents 5,0 2 Google reviews � - ��u_� CK L- chap& " SunTrus! . 5 cuuLq Causer BCaUlcri , ; . r Florida .'mcali_" r_ia Right by Hurricane Alley Address: 510 E Ocean Ave Unlit 102, Boynton Beach, FIL 3343 5Par,cEP r Hours® Open . Ansae ud,Apparel it Phon e: ( 1) 292-367� Ch.-E�uish Go Sr, E&C's Beauty Salon Experience has a 5-star review on Google and the platform enables the owner is now able to respond and interact with their patrons. E&CII s Beauty Salon Experience 1 C) c e i,,n �we Un;t 'IC12 Bo, ,,ton Bekc�-' FL ® 2 reviews Sort by: Most relevant 0 lucca b1hfi leviev"'s 3 k,-,-. lo Positive. Cleanliness. Professionalism. Punctuality. Quality,Value Everything was perfect,And the pricing is,aflo rd a bie. I wil I be back so on ilk Ulke Response from the owner 3 , eeks agO Thank you for taking the time to leave a Review we really appreciate you,we look forward to see you soon. A, Kristina Boynova 140" 9' revievis "I a rnonfl' rAco Positive: Professionalism, Quality, Value Coreen is very nice and good at,what,she does,and took rare of may haircut and treatment,. She gave an awesome haircut to m y husband)too. Very nice tocation lip I-ill':e Response from the owner a rio-ith Thank you far taking the time to leave.a reviewl We look foRva rd to seeing you again. A business Facebook page is an additional free resource that allows businesses to connect with customers, promote themselves, and increase their search engine optimization. SMOP was able to assist E&C's Beauty Salon Experience in creating a business Facebook page. y� a J{ S) J i{ t t r } t - 12!t � '{t t 4 4t 4{y yyll 2 yr{iyAy ty r4 if 12rrly 2r4y�l 1{47 4'rf(r t £1t yn Jy;y I 4 ti y r Sy G-({1i y{{ \l {t I y {y lyllr 4 ✓ {y i�l � 4 +4 yyI{� £ lc r5tr tl il2sth f� r !i24r1t� t{yt i r { { 11 t 11 t t 4 y { 1t1�41 is1��}rl (tt4 �i E&C�s Beauty Salon U Experience Hair Salon IIorre Reviews Photos Events, h1ore Liken 0 message OL About Is create Post { UipT people ike h's 04 FIi to,YV'icfeo Ire r� ' Tag Fri>�nds t2 7 people follow his :end P leage E C's Beauty Salon Experience s i Photos u`x iii gt { A business Instagram page is an additional free resource that allows businesses to connect with customers, promote themselves, and increase their search engine optimization (SEO) SMOP was able to assist E&C's Beauty Salon Experience in creating a business Instagram page. ii-sbea,,,,itvsalcinexper'le,- -,--e 51 posts 45 foltwers 143 following E&C's Beauty SAon Fxperience Unit 102 510 East Ocean Avenue Boynton Beach, FNorida,USA Phone (561)2q-Z-3677 www,encexpedence,com irfl I,,,,� ci bt guacage bMey5bdendrboymmn,reue�dvenrures ffiR POSTS ai MAI E&C's Beauty Salon Experience's Virtual Ribbon Cutting leveraged the BBCRA's social media platforms to further promote this business. Boynton Beach C was lies. Se teiiif ei- .24at 1OO1 AM Welcome to Boynton Beach and the BBCRA AreaE Cs aLlt)� Salon E�pei,enc e! W, h t S � r - G v 2 lIe Reached Engagements Boost Unavailable Intracoastal Jet Ski and Boat Rental 106 N.E. 6th Street, Boynton Beach, FL 33435 Intracoastal Jet Ski and Boat Rental is one of the SMOP businesses that has also been receiving 1-on-1 assistance from the CRA. Intracoastal Jet Ski and Boat Rental is an established business in Boynton Beach which is now under new management. Before the SMOP program, the new owner and operator of Intracoastal Jet Ski and Boat Rental had no experience with social media management for a business and had little exposure on social media platforms. Since joining the program in August, Intracoastal Jet Ski and Boat Rental has been able to establish and grow an online following. SMOP assisted Intracoastal Jet Ski and Boat Rental in creating a Google listing. A Google listing allows the business to be discovered by potential clients through online search engines, and helps potential clients geographically locate the business. A9i7nt � f L Wa s =As.P tdlt i3rty�J Fi 4t Depot Sun Dek Beich htuu`e ". t SOIG,C1i['Io,use ur n Ridge << Harrainuck Turk 4 E_. h d A Sl Marks Ca" ulic�:hurclo Maliyruue Intracoastal Jet Ski and Boat Park 1c Nickell&sant acrd Renta Intracoastal Jet Ski and Boat Rental Website Directions Save call; €k eDu-nA, j— 4. 129 Google review's _ Beat r n i service, Iln I�'°a�`�"Alcn a i'"t. Florida �v3s, , x -ruin walk from Ocean Plaza Ocean Ridge Nortttal Area Address'. 106 ISE 6th St, Boynton Beacb, FL 33435 You visited 2 years ago Hours: 0 pen „ Closes 5,13 0 P Phone: (561) 735-061 S+ Through search engine optimization (SEO) Intracoastal Jet Ski and Boat Rental is now the 2nd result in a Google search of jet ski rentals in Palm Beach County. jet ski rental settingg Toll' All maps Shopping Ing es 9) News More About 11 4,000,G00 results Rc)qj seconds) Z' Bud's Chicken &&-mfocd The Inn at Boyfiton�BLia&-i )P JET SKI CLUB OF schoaff-louse PALM B 9 BEACH,INC.Cliil,,dreri'8 Mus'eum &... Intracoastal,Jet Ski BOYNTON BOAT& JET SKI RENTALS ac and Boat Prental oynton: Be City Liblrary 0,ce-an Ave 51 eq Av Is Av, 14 :VU Ave Map data 02020 Rafl"ig - Hour's- Your �,oast visits - Sort,by- Hours or services may differ BOYNTON BOAT& JET SKI RENTALS Intracoastal Jet Ski and Boat Rental 41.2, 122 Q' E')['DN7-,1t 'Ne—it-k-J I C.5 m I C'�s, NE t I '',.5t - tie,.r' P I JET SKI CLUB OF PALM BEACH,INC. `4" se-,dcm C.5 1--1 -7C 0 Lo�-,ia Blvd Neat Oc-an Pk--,za View all Intracoastal Jet Ski & Boat Rental has a 4.2-star review on Google and the platform enables the owner is now able to interact with patrons. Intracoastal Jet Ski and Boat Rental I" SIE 6't I-: S-,,, B wl,r i t o 1i I, F L 12,9 reviews Sort by: Most relevant All area kids boating 6 safety 5, +6 Robert Trapp erl' ago 1; had a wonderful time . great staff and equipment. L 1 k Response from the owner a %ve ei,,� a g o Hi Robert, thank you for taking the time to write a revlewH I enjoyed meeting you, and am glad you had a wonderfW time!!!Hope to see you back. fEric PLlm,a Lcx.,al GUIde -"2 r'-svIews 36 0--ioos eb Nice p I a ce 11 Perfect day to enjoy with my princess !1 Staff is amazing, 11 Thanks for a day, after 45 days in qua rente Response from the owner a rrontl'i ';go SMOP was able to assist Intracoastal Jet Ski and Boat Rental with the following: • Updating the business information on their Facebook page • Updating their Facebook page photos to showcase their current rental fleet • Adding a "Contact Us" button as an additional way for potential clients to quickly contact the business and book a jet ski or boat rental (see below) t Intracoastal ,het ki' ad Boat Rentals @lnnraco astaljetSki set Ski Rental rr vejurnpe ra co. Horne About Photos Revlewws More LakedQ Message CL � Abut See All Create Post '114t \1, lr t / 'lde heck rug Tag Friends 739 East Ocean Avenue Boynton Beach, FL 33435 I l Nllt Intracoastal Jet Ski and Boat Rentals IN Septembar 6 at'17,29 PM IPI r1,11 CaU us now for some Labor Day fuer Safety first and smiles to follow r SOYNTON BEACH +{,` 561-735 G612:?�« Please check us out for both Jetski and Boat Rentals at the Boynton harbor Marina 71DO Casa Loma Blvd_. For over fib years lNTRACOASTAL LET SKl RENT.ALS,has been the Palm Beach's Premier bcation for"Mwaverunner rentals, 'Afe offer all New Yarnaha Waveirunners,.., See More i lip Ora people like this including "I of your L friends 45 people follow this s Ire 102 people checked in here 1 ' Beach Tennis 625 S. Federal Hwy., Boynton Beach, FL 33435 Beach Tennis is another SMOP businesses that has been receiving 1-on-1 assistance from the CRA. To assist in the promotion of their upcoming Demo Racket program, SMOP provided instruction on a free design program through Canva.com. Using the online platform, Beach Tennis was able to create the attached flyer which will be distributed to the Boynton Beach Tennis Center, the Beach Tennis's online mailing list, and other private tennis clubs. Using this free design program, Beach Tennis was able to save money in production while creating a quality promotional product. Their demo program is planned to begin in November. 'I BEACH TENNIS CHEMO PROGRAM • Choose up to 3 rackets(Derno rackets are 41/4 grip sole) • Use the racketsfor up to T days favor free • If YOU want exter1d OL"dermo perfod: contact beach ennjc p a 1 3,7 - 3 or BeachTenr��s8o 'n onrr, rma+V.00rm 2 er day' N be c'ha,ged after the first days per et • after 7 da s rr ou bare not cum�tacted Beach,Tennis, users WjII e c arged full retail price for each racket • Demo rackets can be returned at ac time using the 24 Dour racket drop located at Beach Tennis • Choose from top brands Wilson,Babolat„Dunlop. Prince,etc, • Vand credit Card req+wred Attachment III Boynton Beach Insider Blog Posts July 2020 through September 2020 July 27, 2020 NEW BUSINESSES ARE OPENING ON EAST OCEAN AVENUE East Ocean Avenue is slowly being transformed and revitalized to encompass all of the elements needed to create a vibrant and lively downtown for Boynton Beach. Just take a stroll down the avenue and you will see the amazing transformation that has occurred over the past decade. The area which once was filled with outdated buildings now features modern architecture with the new Town Square Development, alongside historic landmarks like the Boynton Beach High School and Schoolhouse Children's Museum & Learning Center. The 500 block of East Ocean Avenue has long been home for two Boynton Beach staples — Hurricane Alley and the Oyer, Macoviak and Associates insurance agency. After years of being the primary businesses in the area they will now welcome a multitude of new neighbors to the block. The historic property that sits on the SW corner of East Ocean Avenue and NE 4th Street, is now home to Chez Andrea Gourmet Provence. Adjacent to that property sits the mixed-use 500 Ocean building, which will soon have several active storefronts including E & C Beauty Salon Experience and three restaurants — Guaca Go, The Butcher & The Bar, and Pio Pio. All of these businesses help to make East Ocean Avenue a unique destination in Boynton Beach. Learn more about each of these small businesses below and support them by shopping and dining locally. II 1 � I \ 1 I� II {{➢'V' I II o r SIM >Lki T Ilii 55 t +i + Hurricane Alley Located in downtown historic Boynton Beach Florida, just steps from the local marina at 529 E. Ocean Avenue, Hurricane Alley boasts a quirky, bustling, local atmosphere. They are famous for their seafood and raw bar. As a family-friendly establishment, they also offer a kids menu, and a special dog menu! Hurricane Alley was the recipient of the 2020 Best of Boynton Beach Award. Dine like a local and visit Hurricane Alley today! a �It , H W W— 111 110 1 -------------------- f u+ t� J i Oyer, Macoviak and Associates Established in 1953 by Harvey E. Oyer Jr. "Mr. Boynton Beach", Oyer 511 E. Ocean Avenue, Oyer, Macoviak and Associates has grown to a full service insurance agency. In 1999, Robert and Christian Macoviak took over management of the agency, and now it is one of the largest Trusted Choice Insurance Agencies in Palm Beach County. Although the office has grown throughout the years, the office still treats the clients the same way as it did from the beginning, "An Educated Client is the Best Client," Per Rob Macoviak. Contact Oyer, Macoviak and Associates today to discuss your insurance needs. f4 2 4 iW Chez Andrea Gourmet Provence Located at 480 E. Ocean Avenue in a charming historic house, this restaurant is bistro- style with offerings of a contemporary approach to French Provengal fare. The menu is ideal for a true gourmet experience. Chez Andrea Gourmet Provence features head Chef Andrea Jourdan. Chef Jourdan has developed her culinary skills over the past twenty years in France, Italy, the U.S.A., and Canada. Her knowledge of Mediterranean cuisine is unsurpassed. Chef Jourdan has also authored over 100 cookbooks. Chez Andrea Gourmet Provence is a European destination for the discerning patrons. For those familiar with Andrea's culinary creativeness, her simple yet innovative and tasty recipes, it is a safe haven to enjoy high quality food. l i s E & C's Beauty Salon Experience Located at 510 #102 E. Ocean Avenue, E & C's Beauty Salon Experience offers clients a premier destination for staying beautiful. This full-service salon has a staff that is expertly trained in hair color, cuts, makeup, as well as other salon services. This is the place to be for an excellent beauty salon experience. E & C's opened at the end of July and is now welcoming new clients. t < t- — s y' The Butcher & The Bar— Coming Soon Located at 510 #101 E. Ocean Avenue, The Butcher & The Bar will feature a full-service retail butcher shop, premium bar, and dining venue. The Butcher shop is a whole animal butchery featuring regionally sourced and clean meats and food. The bar emphasizes local and regional liquor, wine, and beer. The Butcher and the Bar plan to provide a "premium, not pretentious" experience with an old-school vibe and emphasis on high quality food, beverage, and service. The Butcher & The Bar Executive Chef Daniel Ramos is formerly Executive Chef of Sundy House in Delray Beach and Market 17 in Fort Lauderdale. Most recently, he served as Executive Sous Chef at Quail Ridge Country Club, before leaving to pursue his bone broth and sausage-making venture, Red Splendor. Chef Dan has an unparalleled passion for locally sourced, farm-fresh ingredients and "clean" foods. The Butcher and the Bar is planning to open the butcher shop with to-go items at the end of July. Coming 7 IN t n t f ' I Guaca Go — Coming Soon Located at 510 #106 E. Ocean Avenue, Guaca Go is where you can create your very own guacamole bowl from scratch! Perfect for lunch, dinner, or a quick bite. Guaca Go started as a simple idea-they wanted to bring healthy delicious food to their community. Guaca Go started small and built a to-go stand in Key Largo has been growing to include multiple stands and carts throughout Florida. Now Boynton Beach will feature their first permanent location! Guaca Go's mission is simple, "We love this planet of ours, and here at Guaca Go we do everything we can in our power to show our devotion to its healing. By doing our best to be self-sustaining, eco-friendly and healthy, we plan to leave our communities a little better than we found them." t/ Pio Pio — Coming Soon Located at 510 #105 E. Ocean Avenue, Pio Pio offers a fresh menu of South American specialties. Steeped in the beauty and culture of their native Colombia, proprietors, Olga Raad and Juan Diego Isaza were destined to recreate their culinary heritage in America. Informed by passion and the sense memory of their mothers' kitchens, Pio Pio was born in Orlando 20 years ago. During that time they built a loyal clientele in the city, comprised of locals and the thousands of visitors flowing through Central Florida each year. Now Pio Pio is coming to Boynton Beach Fall of 2020! August 6, 2020 EAST OCEAN AVENUE IS OPEN FOR BUSINESS Have you visited East Ocean Avenue lately? The street is a place where both old and new businesses converge to create a one of a kind destination for Downtown Boynton Beach. Along with new sights to see, like the Town Square development and new businesses in the 500 block, there are a variety of established favorites that have been staples within the Boynton Beach community for many years. The 400 block of East Ocean Avenue features retail and service businesses and a restaurant that add to the charm of downtown Boynton Beach. Learn more about each small business below and support them by shopping and dining locally. yy � ns ! East Ocean Cafe Located at 412 #2 East Ocean Avenue, East Ocean Cafe boasts delicious fare in a warm and inviting atmosphere. Enjoy breakfast or lunch at this charming eatery located in the heart of downtown Boynton Beach. You can choose to sit inside, or dine al fresco with their sidewalk seating to take in all the sights and sounds of Ocean Avenue. East Ocean Cafe is open Tuesday through Sunday for both dine-in and take-out. Visit their website to view their full menu here: oceancaf .com/ } s i' t� owl a if�i ti I 1 4 � 5 ArtSea Living This Boynton Beach staple business has been a part of the community since 2003, but is a new addition to East Ocean Avenue! This gallery and studio offers art classes, events, and parties to invigorate your creative abilities. ArtSea Living features camps for children and teens to build self-esteem while harnessing their creativity through visual arts. Located at 412 #1 East Ocean Avenue, ArtSea Living helps to make downtown Boynton Beach a unique cultural destination. For more information on ArtSea Living, visit their website here: https://artsealivin .com/ � uz t The Sol Oasis The Sol Oasis is a unique community of healers that offer a variety of services and products to help you feel your very best. Located at 408 #2 East Ocean Avenue, The Sol Oasis specializes in massage, organic skin care, hair removal, midwife and prenatal massage, fast yoga, slow yoga, kundalini yoga, reiki, and tea. Visit their website for more information, or to view their class schedule: ht -.//www.th soloasis.com/ 1 - 1€fi t t rs# f = i, f ft S� S I III Oil III 11i 11 1 Mi Original Barber Located at 404 East Ocean Avenue, this barbershop is a Boynton Beach staple for stylish men's cuts. Clients reviews state, "Wonderful and perfect cuts at affordable prices," and "staff is awesome and professional." Original barber is open for walk-in appointments, so visit them today for a fresh cut in downtown Boynton Beach. 1 3- i € r v, V The Blossom Shoppe Florist & Gifts The Blossom Shoppe has been located at 402 East Ocean Avenue since 1958, and their staff boasts a combined 120 years of floral arranging experience! At The Blossom Shoppe, their staff is committed to treating customers like family. No matter the occasion, they will be sure to create the perfect arrangement. Stop by their shop between 9AM and 5PM Monday through Saturday to browse their floral arrangements and unique gifts. For more information on The Blossom Shoppe, please visit their website here: https://www.blossom shgppflorist.com/ August 31, 2020 OCEAN PLAZA WELCOMES NEW BUSINESSES AND CELEBRATES ESTABLISHED ENTREPRENEURS Have you traveled along East Ocean Avenue and over the bridge to Al A? If so, you've passed directly by Ocean Plaza. Located directly across the street from the Boynton Harbor Marina. This quaint plaza is home to a variety of established businesses, as well as new entrepreneurs that add to the unique and charming character of Boynton Beach. Chances are that even though you've seen this plaza on your route, you might be unfamiliar with the businesses located within the space. If you haven't yet stopped in to visit any of the plaza businesses you're missing out on some excellent shopping, dining, and recreational options. Learn more about each small business below, and show your support by patronizing them today! Beauty Services �n i ft s >� IM Ij r a� t r t , , � ��s 7`ti � �ti ' �h+r•—i� f�-__ 7j1�i4�„ s��\�c l �i�lisr n k i}" to T� i'i, ` ` U �Ss 4 � � k It a1; t Alchemy Eco Salon Alchemy Eco Salon specializes in a quality beauty salon experience, and solely utilizes a vegan and gluten free product line. Their product ingredients are sourced from individual farms in Italy and harvested using only old-world techniques! Alchemy Eco Salon recycles ALL hair, paper, plastic, foil and color waste products, so you can feel good about staying green during your salon visit. Visit their salon at 640 E Ocean Ave #5. Visit their Facebook page here. Penn Nails & Spa Whether you're looking for a pop of color or a subtler natural look, Penn Nails & Spa is happy to help you achieve the perfect look. Penn Nails & Spa is a full-service nail salon offering a variety of salon services to help you look and feel your best. Specializing in mani-pedis, spa treatments, waxing, and nail repair this salon is a one stop shop for all of your beautification needs. Call ahead to book an appointment or visit them today at 640 E. Ocean Avenue #17. Visit their website here. Recreational Activities Fly & Flow Fitness Located at 640 E Ocean Avenue #20, Fly & Flow Fitness is Palm Beach County's ONLY aerial yoga, barre, and aerial tricks studio. Fly & Flow Fitness offers programs for every skill level, from beginner to expert. Classes are designed for individuals who want to develop strength, flexibility, and confidence. Their intimate studio is open daily. Sign up to fly with them today on their website. } y P` - } t 1< S r y 4 e t i t 1, iW By Cycle By Cycle is a one-stop-shop for all biking enthusiasts. This full-service shop has a variety of bicycles for sale, bicycle rentals, and cycling gear. The staff at By Cycle are experts in their field and offer a variety of assistance and services for both expert and novice cyclists. By Cycle also offers free weekly community rides along A1A. Visit their store at 640 E. Ocean Avenue #21. Visit their Facebook page here. Restaurants & Eateries Sushi Jo For the last 12 years Sushi Jo has been serving Boynton Beach, and the Palm Beaches with delicious and fresh sushi. This mod eatery features an expansive menu that combines traditional sushi with a variety of creative and mouthwatering fusion rolls. Sushi Jo is open daily for dine-in and take-out. Visit them at 640 E Ocean Avenue #4. Visit their website here. Organic Kitchen & Mercantile (OK&M) Chef Coton founded Organic Kitchen and Mercantile to share her love of quality "clean" food and passion for supporting local business and sustainable living. Using her experience in our local food communities, OK&M has been able to curate a seasonal selection for their customers that allow them to support local farmers, fishermen, and artisans. Visit their storefront a 640 E. Ocean Avenue #6 for delicious chef made meals, artisan coffee, and specialty teas. Visit their website here. --�' C '�` to � t f. t I � l Ba 07 Scheurer's Chocolates — Coming Soon Scheurer's Chocolates is a small, family-owned chocolatier that believes that everyone deserves to experience decadent and delicious hand-dipped chocolates. Scheurer's uses only the finest ingredients in each and every one of their tasty treats which are practically guaranteed to satisfy your sweet tooth. Every piece of chocolate is hand- made and sweetened to perfection. They also offer a variety of gifts and products from other small businesses around the country. Be sure to keep your eyes peeled for the opening of Scheurer's Chocolates at their new location 640 E Ocean Avenue #10. Visit their website here. Cafe Frankies Located at 640 E. Ocean Avenue #11, Cafe Frankie's has been a staple in the Boynton Beach community for years. Frankie's specializes in delicious Italian fare, and features dine-in and takeout options, along with nightly specials. From hand-tossed pizzas, to tasty pasta dishes, and incredible salads, this cafe has it all! Along with your meal, try one of their tasty desserts. If you dine al fresco, look for the parrot Frankie, for whom the restaurant was named. Visit their website here. Bailey's Blendz Bailey's Blendz is a healthy eatery specializing in Acai and Pitaya sorbet bowls. Native to South America, Acai Berries and Pitaya are super fruits rich in antioxidants and vitamins. Each bowl is topped with your choice of fresh fruit, nuts, and seeds which can be eaten as a healthy meal or snack. If you're looking for refreshment on the go, a variety of artisanal smoothies and cold pressed juices are also available. For the caffeine pick me up, Bailey's Blendz serves organic, locally roasted coffee sourced exclusively from female owned and operated coffee farms promoting independence and gender equality in coffee growing communities. Visit Bailey's Blendz today at 640 E. Ocean Avenue #16. Visit their website here. Retail Stores & Services Details Design Details Design is an expert interior designer located within Boynton Beach. Whether you are looking to decorate one room, or redesign an entire home, Details Design is the specialist you need. Visit their showroom at 640 E. Ocean Avenue #1 for more inspiration and information. Visit their website here. Boynton Beach Florist Since 1986, the Boynton Beach Florist has been hand-delivering premium floral arrangements and gift baskets to help strengthen relationships, give love and support, and celebrate life's special moments. The Boynton Beach Florist provides flowers for birthdays to anniversaries to commemorating a loved one, and every little "just because" moment in between. With free same day delivery in the Boynton Beach area, they are dedicated to helping you find the perfect flowers to deliver your message and enhance your special occasion. Visit their storefront at 640 E. Ocean Avenue #3. Visit their website here. Tropical Troy's Tropical Troy's has been a leading plant distributer in Boynton Beach for over 30 years. Tropical Troy's specializes in tropical plant sales, plant maintenance, and plant leasing. They also offer a vast selection of customized containers for their plants. Tropical Troy's delivers throughout Palm Beach, Dade, Broward, and Martin counties. Visit their location at 640 E. Ocean Avenue #7. Visit their website here. Lighthouse Vape & Smoke Shop Lighthouse Vape and Smoke Shop is the premier store in Boynton Beach for all of your vaping and smoking needs. The knowledgeable and friendly staff at Lighthouse Vape is committed to providing their customers with top-notched customer service. Visit them at 640 E. Ocean Avenue #8. Visit their website here. Angel's Secrets Established in 2020, Angel's Secrets is a local and online retailer that offers a variety of intimate apparel, lingerie, and novelty accessories. If you're looking for an intimate boutique experience to purchase quality intimate apparel you should visit their storefront at 640 E. Ocean Avenue #9. Visit their website here. Palm Beach Shooting Organization Palm Beach Shooting Organization is a Class 3 Firearms retailer that offers an extensive inventory of guns and ammo. They also offer a variety of certification services and safety classes. This business is committed to excellence, safety, and customer satisfaction. Visit their showroom at 640 E. Ocean Avenue #14. Visit their website here. Fran's Sew N Sew and Dry Cleaning With over 45 years of experience, Fran's Sew N Sew and Dry Cleaning specializes in alterations, tailoring, drapery cleaning, curtain cleaning, draperies, wedding dress alterations, cushions, cleaning bedspreads and more. If you're looking for a top-notch dry cleaner or seamstress visit their location at 640 E. Ocean Avenue # 15. View their Google reviews here. Jackie's Grooming Spa & Hotel Pamper your four-legged friends at Jackie's Grooming Spa & Hotel! Located at 640 E. Ocean Avenue #18, the business offers more than 20 years of experience in grooming dogs and cats. Jackie truly cares for all animals and is passionate and is dedicated to her craft. Your pet will be the most stylish in Boynton Beach after leaving Jackie's Grooming! Visit their website to inquire about grooming and boarding pricing. i I�13. c �S J,� s�`�, .� St � � � 11 ��til � 1 �� , � � r� ,.., . S '� � � `, sok ��, t� v ��.�,� -_ �`� �' �� '' - � 1'' ,�4 �t�� `�� ` '' — �� ,� �%`� ui ��S `43�. i U -- �is3;i} SS ,,�, `�; \� t>>� 1 { � i�� ,;~, �� ,' �'k, � �� 411 r. 2¢ ��Y': � }�, z ,` September 22, 2020 EAST OCEAN AVENUE: CONNECTING THE BEACH TO DOWNTOWN BOYNTON BEACH Across the street from Marina Village, along East Ocean Avenue lies a small section of shops and professional offices that contribute to Boynton Beach's thriving small business community. Learn more about the goods and services offered by these small businesses below and support them by shopping locally in Boynton Beach. pror ,r 0,10's, n n 1 Posh Properties 100 South Federal Highway Whether you're looking to sell, buy, or rent a new property the professional realtors at Posh Properties welcome the opportunity to speak with you about all of your real estate needs. Posh Properties is a boutique firm that takes a personal approach to real estate. The firm is proud to offer some of South Florida's top real estate agents for both buying and selling properties in Boynton Beach, Boca Raton, Fort Lauderdale, Gulf Stream, Highland Beach, Manalapan, Ocean Ridge, Briny Breezes, Deerfield Beach, and Delray Beach. Posh Properties' agents are professional, knowledgeable, and work hard for their respective clients. Many of the agents are vested members of the community and live, work, and play in the areas that they represent. Connect today- Website or (561) 537-0050. i4ti�r �� n t4 «♦� , =— f i I ryry zs r4 , �k t t 0t°44sxt` !j Mak Lash and Beauty 618 East Ocean Avenue Mak Lash and Beauty is an elegantly decorated salon with ambience that exudes joy and happiness. This upscale salon specializes in lash extensions and tint; eyebrow tint, wax, and microblading; facials; haircuts, blowouts, and single-process color. Their motto is "We celebrate women in their real, most raw, authentic brilliance; who believe in themselves and are ready to step into the look they love." If you're looking for an intimate salon setting that offers an array of beauty services, look no further than Mak Lash and Beauty. Connect today- Website or (561) 777-7123. 1 4 t r, � s t t r, Boulevard Paints 618 East Ocean Avenue With more than 100 years in combined service, the expert staff at Boulevard Paints has the knowledge, experience, and professional know-how to offer guidance on a variety of painting projects. They are proud to offer their customers specialized attention to detail and personalized assistance that can't be found in larger stores. Boulevard Paints is also a proud independent Benjamin Moore paint retailer. They offer custom color matching and professional color consulting for both residential and commercial clients. Check out their YouTube channel for ideas on choosing the right paint or contact them directly to get your project started today! Connect today- Website or (561) 777-8908. t ii ,zti ? rei r s Ji i�st�ri t r3Y f, t� t The Law Offices of Reed, Griffith & Moran 630 East Ocean Avenue Reed, Griffith & Moran is an estate planning and real estate law firm that serves clients throughout Palm Beach County. The law firm, which is also a title insurance company, specializes in probate administration, wills, trusts, asset protection and other real estate, probate, and government affairs. With nearly 40 years of experience, the firm has an established team of professional attorneys who are committed to providing their clients with top notch services that are executed efficiently and with precision to ensure client satisfaction. Connect today- Facebook or (561) 732-8188 t ft } tt - ;�,,•�a' sir i= J'� n ass � ll: itl r., t ` � }t � 4 \` I Expert Closet & Shower Door Professionals 631 East Ocean Avenue If you're in the market for a custom home upgrade contact Expert Closet & Shower Door Professionals. This local business specializes in customized closet design and specialty cabinetry, as well as all types of custom glass designs for your home and business. This design company is passionate about renovation and works directly with their clients to bring their desired renovation plans to fruition. They take pride in their work and welcome you to contact them for a consultation or to visit their beautiful showroom. Connect today: Website or (561) 806-5222. Attachment IV BBCRA Social Media Top Business Promotional Posts (7/1 /20 - 9/30/20) Video Details Total Video Performance 8`> A � t [minutes Viewed 74 w 1-MinUle Video Views 21 � 1C1_Second Video Views 798 -Second Video Views 1,517 1 r. Average,Video°''a lch Time 0:19 IIA Aud3enCe Retention Boynton Beach CRA... Sap Naas,sh Q Sea Mist ilk is€alking extra precautions and addunt2 additional safety JILAudience and Engagement giea:sure so t/ou ran continue ri€Ir rg#Lilr,aaLocal Don't forget[c enter rhe Lilo a Local Sar;tal m ,iia Conlost for vom ChanCe„To 0m)a b2 day fishing in t One,lucky vneer wig,,, This video is used in 1 post +;.,ty $' e'Cn+�,q�{{ :.'A,P/+ii+,ti..,4 ie,uf.l m,". al7 oqr ifs .. 1&''p`Cr+ u.f+i,+fit TI.1'1'n Boynton Beach CRC,, 0 07 1512020 21K 1 5K 1198 1,3K 179 7 11J,1 1,54 See hr,,Lv flie S€a r,iisi lrl is laking t a.;> ',1� Post Details Perforivriance for Your Post Boynton Beach CRA Pjbli shr-d by RLrtio-M,c'? Roo�-Ls � Ajugdst 1,316 Guaca'Go is now open on the southiveesil corner of Ocean Alvenue and 94 - Federal Highway in Boynton Beach! Pick up something tasty and welcorne thern to the neighborhood- 54 48 6 FIc Cni 6 5 P-s' V�'ANT lk" P (Dr,'SJ 0 C"-i PC C), 31 T 27 225 M :`X( `7 225 56 0 169 NEGATWE FEEDBACK 0 0 0 0 "W Get More Likes,Comments and Shares When you boos,this post,yo,,01 show it to more peoicte. 1,316 319 Pe p I e F e a c;h ed E n g a g e—e r,is. 00 -DaniHk,�Gadoifio and 5 '„t4,gym 1'-Cofvnie,,im 5 Shs�,ew Boynton Beach CFA August 20 , 0 New u i e alert! Have you tried Thie Bt.itcher arid 1ie Bar located at 500 E Ocean Ave. #101? Stop in to pick up quality meats, or grab a sandwich to-go! WIN f 4� t Sf r t �a r sf witus �� r 20648 1 People Reached Engagements boyntonbeachcra boyntonbeachcra Orcianic, Kitchen and Merc,an ile 0 Common Grounds Brew&Roastery ail tt t t v5-:T r t � r spat _ yy r ' jA MWF, ,;Myr` _419 !II o, gra �t k t}StritT�lttiygi�tf,S V� `' �tE \((�6 S iS } i j View Insights View 6nE.<ic.fl it7= .,,..,, ...,..,,,....,.. ^: Liked by reneedventures and 77 others Q boyntonbeachcra @organickitchenandmerc is now open! We are so happy to have them as a bu.,, more ODD Liked by delsolbakery_and 55 others View app 4 comments boyntonbeachcra It's #TransformationTuesday! organickitchenandmerc Woohoo! Swing by for c-) Check out these incredible before and after- more some yummy food! View aH 2 cornments nutritioncottage Welcome! -sunshine-ray-t4 Aug(.)St.19 September.I , t= t t �- — rr �4 s tr The BBCRA Facebook has grown by approximately 138 followers between July 2020 and September 2020. T t ll lugs Followers: 5,934 Total Page Followers 7 934 5795 The BBCRA Facebook following has grown by approximately 21 .5% over the past fiscal year. Tot ll Fuge Followers: 5,934 Total Page Followers 5934 a The BBCRA Twitter has over 10,500 impressions between July 2020 and September 2020. Your Tweets earned 10.5K. impressions over this 91 day period 00 200 7 The BBCRA Twitter profile visits have increased by 53.8% (283 total profile visits) in the past month. The BBCRA Instagram reached over 6,000 users between July 2020 and September 2020. Posts Any Reach Last 3 Months ip®SganSc lat4 t . r?r4'z� f Ilawu Kau r P= -gig yt � li�1141, m u. ! e F I , t � it �� r t �'.� ts�7s�• it 11 � �1 � • I J . The BBCRA Instagram reached over 10,000 users within the past fiscal year. Piosts Any Reach Last Year MUM �t «IN ik l 1 tt�N�' � t k Y M• �,� # iz ;tit 5t, mt � z`tff f�, stts {i,ro i �11 5� Q� t t ti �9 e • e r < .< t u'- BBCRA Social Media Posts (7/1 /20 - 9/30/20) The following is a list of all BBCRA social media posts for the 4th Quarter. The BBCRA social media posts consist of a variety of BBCRA events and projects and programs, original content with information about BBCRA businesses, and shared posts from BBCRA businesses. In general, additional paid boosts or advertisement are used to highlight a special campaign or event in order to reach a broader audience. As a result, these promotions brings a higher number engagement. An alternative to paying for the paid advertisement is to vary the content of the post by using videos, trivia, contests, etc. in addition to the still photos or images. This quarter's social media data indicates: • Paid boosts and video posts have the highest numbers of reach as expected • BBCRA development projects surprisingly performed extremely well without the paid boosts or videos • Special Event such as ribbon cutting/grand openings and PSA announcements have the next best performance numbers • Businesses with social media exposure or an active presence will have consistent numbers of reach Date Post Content Type of post Reach Engagement Paid Promotion 07'OW2024Have yr,u heard?Cuaca Ga 179: r. fi i>>conning seen mBoyntont® 1 55 071W2020 Fish#Li IkeaLocall with 020 0 10,._, syr Billable Ncnrs Chaneys. 07!07+2024 Fish VLikeaLocail with Millertirne Fishing Charter, 316 a ® 07'0712024 ArtSea Living Studio has 13'3 � 073 rnoved,o Ocean Ave n ue 42 07,10W2020 iaSOCIAL MEDIA158. 3,2K (� Vii Promotion,` CONTESTe Enter to vein a 97 0 0;12024 The nex Boynton Beach 34 3 Ci7,y Fuld ll be open to � X01 0 07!04.+2024 A.II of us at olie Boy nton11 7 L Beach C;R,��.�oWd lige 1e ,1 3� 0703,"2024 Cafe Frankies has a great 2 I,'_ K Hent sur'rrner slDeciall[dale � 329 4 07,10312020 The Beymon Beach CR. t,,,,,,,,, 2 1 3 office is closed in 0 I ®� 000212024SG l AL.MEDA Q CONTEST Enter i,c4a; �; 207 4 07'0212024 SOCIAL MEDIA1 CONTEST gM Enter ioday ` 0 070212024 Take a look at the Eq..Fnton Beach � 3 CRA ne�xsIefterl 1 0 0 07,10112020 Fre-Ord ier our M OfJull t,,,,,,,,, 391 0 feast from The Shack By3 I 07,101.!2020 Looking icor that sw od suiminer tan?Lour n Date Post Content Type of post Reach Engagement Paid Promotion 07 1 7!2020 Fishing is fun for the vdholle17 farnilty ai the Boynton � �2� 13 07fl7!2020 As identified in the 2991662 €, "N' e CRA Redevelopment Pian, 111-3 506 22 0711621120Did sorneune say free? 4 333 __:4 �M Carder an,, ,hicl en dish from 3 07tt512020 Q@ Have you seen:qe nex49 in .. ahithaateconstruction52 07 1512020 See ha,vtne Sea dist III pis � 4472. taping e.:tra Areca.tiaons and179 07(14!2020 OSOCIALf. EDIn34 CONTEST(D IE:nter�o,,,Jn a X29' 15 07i'1312020 MeatballMonoay is bast;at e 3 dosie's Ristorante YOU can 3,334 0711112020 Fish Envy Charters off rsa39 Is P„4h fLrn for rlie uhote fa,rnilyl 319 07111212920 The nex'Boynton Beach CFS..Board t,Peeting�asila 5 f 46'3 0712!2020L Fish#LikeaLoca,,,,vith CNilps114 6`:vas Aliov Charters!Visit Die 340, 6 � 07,112020 Du,'OU need Borne dear so f 3,336 rt;,.{ vou can fish TLi�6@1-ocal'1 07f1+3t2020 Codd 19 rMcbite Health !,..:a„:;, CIinlc Tes:ian 224 32 I 07,10,12020 ' 40SOCIAL MEDIA3 !• .;; CONTEST There ,s~tial 1t 1 07t09f2920 Have you always m anted a � 291 10 's.,.. Bailey°s!Blends tgov"I far 6 � 07,,'09!2020 Fish-#Li4a.ea!ocalJ on board a 341 0 the Sea Mist 1111 Find thein 5 Date Post Content Type of post Reach Engagement Paid Promotion 0712312020 Hoag do you Play3 ;LikeaL.ocalt at the Bo`nton � 344 6 07;2312020 A rain,morning i-theT-3 tA 3�a 4 „r ,r,,- perlee�true to visit 5 07,12212020 ,� �Pla,LikeaL.:caI'Mfh 15 Q I FN' Bo n<on I eacl3 Bunt � 390, 6 07f2V2020 f. 1rs Today eras a great day to ( 76d3 61 celebrate the centennial 62 0712112020 Play#Lil eeLocal*i1h 352 17 V Intracoastal Jet Sl.i and 2 07;2112020 Deliciecis food,ice cc d goo tA 3 14 rr ,5...r drinks. acrd beautiful vie'N's! 5 � 67 2012i72 30CIAL MEDIA1.04C 3 �. Vier Promotion_FV �', CCNTE3T Eater for;,wouf 50 071291202 Boyn'en Beach CR=S 14 rF updated theiir vielb&l. 3�9 7 I 07,2012020 Boymon peach CRA �� 5 updated the=r business 232 6 67(29.x2620 Boymon Beach CRS. 2704 5 ..,-V updated theiir address. 3 67 29,21020 ` ' tial e;OUr'4 nda 5,j a dittde 5 be?tePfVith a Vi8V life 91 ds 236 07N9)2620 IE s You(aSt chance tO enter (D 351 1.1 the Fish nLil=zeal-ocat socia, 07,,'19.12020 Ws#NaflcnallceCrearnDa'Yf 535 3 1 t Vi_„t The Board alr Iialian 10 27 07,"IW2020 fishing#Lil,eaLocal, 64 12 -,"'A bring your catch to 42 07,117Q020 F!shing is fun for the.vhc1e � 17 � family at tree Bo�°nton t 4,22 1, Date Post Content Type of post Reach Engagement Paid Promotion 07(3V21020 Four Palm,Beach CoTlnta 1® 237 1 f shelters xviii uen TMT 07,1311202 TGIR Looking for32 10 D sonnelhing different for 2 0721112 02Ne°x business alert!E &C32 BeaUtY Salon Experience is 01-3 577 14 07(30!2020 i2SOCIAL MEDIA 1. 22 f , ,s, CONTEST Ente�feryouT 5 0 39)2172 a Baileys S L?Ient (,;5 1® 3 7 10 21 t celebrating Chnsftnas an 117,129?2020 Today is279 1a y I�ationalChicke�n'�'��ngDay! 4 07(29!21020 "� Book,'our next big event at 9 m the Historc �Eronijan's liil 251} u p 07,128)2020 The Boymon Beach CAy � 441 22 D ,4-,t N Li racy ipa s now an!The 1 t I 07,2)2L02ih '",`s}} Check out tour latest 13log to 219, IN 51,- _N,, learn more about some of � � 9 3 272 117,12712020 '1 Dirk YOU knovv YOU can have 357 18 healthy, deNcio Ts"nneals 3 � 071260°2020 Play #L]Keal-ocal �dth the1 9 1 LrF:e a L.eca�s cha<irned!a 1 07,r25!2020 Play#LilteaLocal f-rith µ ,. e Bo¢nzoTr Beach Boat 204 2 0 '24,"202 TIF4Tr� Bond Sreek le 1® 33 14 and Coffee for Takeout 0 07,124!2020 "hnPr Take a lg@ to at the progress 60 on the Boynton Beach 702 59 07,2312020 Ho,v.do you P!a r� 3.44 3 r rUkeaLocat at the Boynton 6 Date Post Content Type of post Reach Engagement Paid Promotion 0 Sf 0&2020 Check,out our 13 log and T4669 72 F learn about businesses that 45 08)"06.12020 The nem.Boynton Beach 2 170 DO�M CRIA Advisory Board 0 t36 06t2020 The nem Boynton Beach 14 ORA Board IK ing viib I'Ateet 10 0&0572020 FU DonI Miss GLIaG2 GO'S4 1 F" 42 N &Ed Grand Opening tlVs Friday 367 20 0&05;2020 You can dive#Jleal-ocal 6 A vdlh Splaslidovai Div346 ars at. 3 W0412020 Cafe Frankies ha;so riany3417 0 15 IN delicious SUMMOr sPOCi2t,S. 3 08(04?2020 At the Bovnton Ha,7bor44 470 Marina/our whole farnflhy 14 1 09, F03.12020 -:30C 1 11111-M E D IA 36 W CO,NTEST7- Enter today .51K 44 WOPromotion t3 03,E202 Kick-start vour Monday10 morning a'!Marina Cafe 1111-3 363 17119F'0212)020 LAI, Do You need to restoci,ofl v,,ine for Me vee?NLItrition 4 00 2 5 OW0212020 Did you knux, Hurficane 2,2 Alley' no%,§1 serves brunch? 1111-3 6 30 23 HfOV2020 W Th e B oy n,on H a rbor Mari na2 0, 199 fuel deck and storeva,11 be 0 06(O ?2020 The nexr,Boynton Beach 229 3 G CRAAdvisory Board 0 08)"OV2020 Here are th e latest key 327 39 1-71 (messages for,"Isaias.Yb-,.j 0 Date Post Content Type of post Reach Engagement Paid Promotion 108,11312020 E&C Beauty Salofl 32 FV, 1C Experience is not,,open at 975 29 08,,'1312020 Don'r miss Del Sol Bakers= 9 M 293 V s u rn rn or sale this wee ke nd! 5 08,f1212020 Dive#Likeal-ocal vvfth 4 M 34 AV 305 Loggerhead Dive charters! 4 is 15 7 PY VTransformationTuesday! T-3 466 See haw Staffish SCU138 IS 108fIlf"20,20 39,3 10 laking extra precautijons and 10 06,111,12,020 The nex,Boynton Beadh 7 151 251 C RA Board Me eti ing%vi Ill 0 08MV2020 New business alert.Th e37 bul.cher shop at The T-3 498 15 08,110,12020 MarKyour calendarfor5 GUaca Go's Virtuah Ribbon 372 15 Start Your PArndayMth 0 08o,'10!2020 T-3 245 matcha from Common 3 08,f09,12020 Lobster Season is ofbclafly13 her,--! Dive#LikeaLoca,out rE-3 49-9 5 0P,,"0312020 Dfftorood Boynton Beach5 C, V, now offers vegan and T-3 215 3 08/0812020 Dive#Likeal-ocalvAth aid 303 Underwater Explomrs at the 2 007!2020 We are so saU to aflnounce rE-33.7 K 241 msthat dhe pirates are NOT 193 06,107!2020 GUIRca Go is nox open onr1-3 1.3K 225 the southlvest cornet of 94 08,107!2020 Boymon Beach D�ive Center0 84 312 has all the gear to helpyou 2 Date Post Content Type of post Reach Engagement Paid Promotion 08,'21)2020 Have you tried Chez Andrea 122 �.r,ryz Gourinex Provence?Make 30' 0 20)202 The Hi4or�c 4�,unaan's CIawY� « 179 of Sc nton Beach offers an 1.2K 86 ®� 10&2 -2020 Neave business alerts Hava 417 l�VfTa r's,r )ou tried The Butcher and 2.13K 172 0&19)2020 VisA the The Sol Oasis 6 too v� Boy,°nfoneach T' qa Spa 227 1 OW19?2020 � '��e are We at Organic aq Q4 107 � 1 =v,? Kitchen and Mercantile for �� 53 00118)2020 Live vo,ur healthiest ffa245, 7 K"FM #UkeAl-ocal Vise stretch 2 OP,F'18)2020 Ctrganic Kitchen and OOa 92 wNs, Mercantile is navy open! 22 OS 1712020 a _ _ SOCAL V1,EOIA89 08f17i2020 The Boynton Beach 23 t ComnlUnky Radevellopment 228 5 ®� 0&16)2020 The City of Bo-,niton Beach, 12 �?ave rnment is c f6riIng 3 6 08f15)2020 The Ocean Breeze East208 Project site loots ainaziingH - 1.5K 60 W15=2020 Du yoU Iove to dice04 01 2 #UkeaL.ocalJ?Visci Boyn,, n 305 1 08,f14-2020 � The BBCR is excAed to 59'9 a r, . °=�,? eicoine Guava dao to 84 Q4 6k 257 00'1 202 F," Done rniss Virival Ribbon 1 Cutting Guaca Go 0pen ing Date Post Content Type of post Reach Engagement Paid Promotion 0 2S`2020 TGIFit Tr,soine"ping tasty423 10 from Drlftviood Boynton rr— '0 08,12812020 There is still:inire-o enter to ,:in a 4.50 giM:card u 22''3' 0&127T2020 The Boxyn?on Beach CRA40 ®§u a .r,,.NI, ob=alned a p pfava I f ro nn Ball rr- 985 43 00 2712020 �' Bond 81reet Ale and Coffee- � 581 3 .' freshlybakes evefylh�n€g 2 t ll 0812612020 Beach Tennis Is Boynton old 103 2 -J, Beach's premier full-service 2 08,126,12020 Locking fos a job?The r1-3 kA 361 _. . �w�r Butcher and The Bar is 9 03[25.12020 `s 41 461 #TransformationTuesdayl 13 0E125;2020 The Bo mon Beach CRA 143 0 Irl,+iscry Board's meeting0 0 250020 Fly&Flat,+r IFitness cfiers a, 183 1 �, variety of classes far every 0 � 08,12412020 �� By Cycle is the one-stop- 5 shop for all cycling needs! u 3 2 O&IM2020 Rr,.f SOCIAL MED,A34 I 11.1. -.,. CCFkTEBT a�atfut, "° 352 -19 Vie Promotion 08,123,;2020 r' What's betr'er than Sunday 10 N ' ri � 42:2 0 brunch by the walef`% VisiI 0 '22,12020A°hat's YOUr favorite menu 125 I i CO AN.N (tern at Guaca Go? - 1.}K 4-6 08,121.12020 The experts ar Nutrition 5 Cu<ta0e Flea#tm Fords can 205 4 0812112020 Have you tried Chez 122 Andrea, GGLIFFnet Frolde7ce?Mare, 1.214 3 ,• o Date Post Content Type of post Reach Engagement Paid Promotion 09(0W2020 TGIF)Did you know � U "F . 3weetviater is offering 25''c5 5 09f0412624 Fall is almost here!Get y3our �. 5 hair reach for the change in [® 324 5 09,10312020Thr,�°hack.Thrarsclav#TBT 74 10 F_. n 2hC7t��,the BBC=R 640 21. 119,'x3#202 the Boy°rnlon Beach SRA � 156 1I 0. Ar.1 Ad'visorr Board's meetiru......g to j 09(10312020 Del Sol Baker, is reaper1111-3 � 251 3 -,%,° after a short sur-ri-rer hreal:! 2 W02)2620 Fenn Mails&5pa,s a great ,5 479 24 O,:111 13lace'to treat yourseIf to a ' 30 09(102i2020 VHave you visred Tne 44 F V11 Butcher and The Bar ,et? 493 39 119f02i2020 The next.Boynton Beach � 3 9, � -.rr CRA Board Meeting wile ,�I 239 1 09,10V2020 Looking for sunne fun ars the28 � F_ surf this Laho;Day3 9 09f0V2020 Ws 6256 f 'r1"MVTmnsforrnationTuesday! 33 06 1.121720 Have you visi,edC)cesn f 9 147 � Placa lately?Chea;out o it � 82 08,'31.12620 ` - j SOCIAL MEDIA t��y, � 14 j ViewPromotion' C:2 7,V >. CONTEST Treat � r 12 9 3112i720 —i et w,Our Nllonday started � 212 2 _AM the healthy o.ay at Ck<gamc 2 118222102 'ejgrhats hetner than Sunday 60 brunch a Marina Cafe 24 9 29)21720 Cet flit#LIke ALocel at Tdle �� 193 'co Club Health) 2 0 Date Post Content Type of post Reach Engagement Paid Promotion 09`1212020 Feel good aboul;ouT next 7 3 led AFYI Keir crit and carr.rith � 1'1 2 03"11,2020 Fresher?up,vOW 1=0014 2 r° Lll,eAL Lal staoth lure 214 0 03111,2020 r~JOVUS Escape Pooni- 4 322 a..y .e Bo;n ori peach Frorida is 0 09, G0202 k Ne,sv business alert! liq 271 ,t 5 `t P,rk rnal4lashandbeauty i 2 03`1 ?202 fid uou Iknow poiznton _. .,nr, Beaeh is home to a 151-3321 � 09109,Q020 i Have YOU uisrfedPharos Fr= � LUXUry?Live glamioroust 2243 09 030-020 ""' &V 3CiulrALIstEDI 30 CONTEST �3 c�^7}o�lr '3 IAK 35 View Promotion 09i'0&2020 CfThinkin g alaoui lunch?VVI-ixy 386 ; 11 °'`° not kry� uacaoiVisii their 9 0310312020+ The nex:'Boynton Beach CRA Board PAeetingwilE ` 250 0 0910712020 Happy Labor Day!Please 335 ®abYy r. ,. be a,,vare the BBCR.A CY ce 0 03 0&12020 There's noshing better than led 225 2 a#5undavFunday°ort on, 4 03`0 +2020 '` Treai wosrrseI t'd�s(Labor 253 h" Day at Organic IKitchen and 0 � 03/0512020 � Banana Boat is cerlelaaatin 1® 7 .. ail labor day .yeelken k 337 10 09`051202 There's still time to enter the124 1 11-3 #LllkenLrcal so6al n dia 2 I 09i'04.;2020 TGIR Cid you Ikno,, 8 35 St;veetwater is offering 25%, 5 Date Post Content Type of post Reach Engagement Paid Promotion 091912020 "AEat#LikeALOcal at The R-3 33t1 27 � Shac€ 6� TheTerO !Enter 5 QRMW2020 TGIF+Treat'/Ourself IO 10 440 s0n1el11rng s°Neat at Tlie 15 09,1182920 Indulge#?LiKeALoca6 ,ith a 24 3 31 J�, colorful fJuxl from Baile 's 4 [19"17)2020 The Florida Festi-fals,& X31 1 ::`V, E4�'en4s Association 09117?2020 Eich things are happening in 5 the{Peart of Eoknlon!The 264 6 09117t2020 Get YOUr morning started 13 2 #U eAl-ocal at Marina Cafe � 32` 5 I 0911612020 Surnnier rales are 16,33 happening now a1 CKs 0 4 FN 09116:)2020 Id's National Guacarnole 1 Dai,+I Msit Guaca o tO 29 0 I 091,150020 P , SOCIAL rvo1EDIA i 9 _, C�urJTEST e"�+e � 1.01 soview Promotion 09115)2020Ir`s TranfOrr7raatiO Tues aj! 4.5 429' €� 22=^.44� �Irecl.r�ut'Irese 4�efor£ ' ' 10 09'14.+2020 Qcpan Breeze East as a61 151-31 a v BBCRA.Atfo7dab7luae Hos!'nr� 1.2K 42 ®r r OW142020 "' There s still time to enter the 155 1 #LrI eALocaI so,;5aI media 0 I 091"14.12020 a blondays are better vat� 151-31 � 19 coffeeftci Corn, Orr 0911312020 Vet},°Our hair cut and styled114 �4 277 10 -#L keALDcaI at 3lieer®IOg 0 I 0912)2929 Feel good about;Ouinext64 171 3 hair cut and color with 2 Date Post Content Type of post Reach Engagement Paid Promotion 09f2712020 ®ire#Uker'+Local at 325 t Hurricane,alley for 10 091262020 Gine in or nake out � �5F r" #LlkeALocal this veekend 1 09f'26-)2020 Need to ssoo up on hand F" t t 0 sanihzer'"%4sit Nutrition 0 092512020 TGIF!You can dine � 1p rLil;e Local a;l.i ashen'}at F [19 242[120 _ Elam a'.StaycaYion'on your fit 23 Moat at the BoyntonBoyntonHarbor 5 09242202 �: ,eNelcorne to Boynton Beach 656 1tt and:he EECRAArea E&C's a [19 2312[120 You can dine(and drinl, 4 L keALocal at anrt.l.00d 222 1 09121202 The Palm Beach C u ant, � 23� 5 _. ,. -. CARES Restart Business 2 091212020 Place Your orders fo,Yoinrh Le '1 Kip uratel-SotEal�er° ' 1 0 091212020 Across the street iron, � 47 Manna Village,Rlong East tBt 12 09 22.x2[120 viu` r St-.C;IAL N1E12II A 2.5K 227 ) vie Promotion CONTEST m °N e 175 �... �,a4s'a" 09 22121220 Today is56 11 20. =r, ;F'�tatNonalBusmess",�r�anT-35r,7 irens 45 09 21,12[120 aloin LIS live for E&l;`s 9 12 Fs, BearitY Salon Experience's21610 09,2V2020 There is nothing better than � 499 25 � a delicious coffee o I a <ain 25 0920f21120 °r"hats Fetter than SLI nda;il �t� 25 s 13run ch at East Oce a 7 Date Post Content Type of post Reach Engagement Paid Promotion 09 30?2022 Book,/Wr next ar!vent'ire 70, i°I�Found at Sea CBarte rsl 3 0930$'2020 3 Get fit and have f m*i th Fly 0 I1 & Flu,'+,Fitness! 0 09'M202 I s#TacoTne,da��! Have i 4 � � 44. ou tried nhe tacos at 2 09'29.42020 Lool;inrg for ern lo3-mr-ent" 276 0 'F,,A 3ouvla[Qi Fast 2,oynton 10 I 09'M202 Happy*4ational&affee©ay � 0 Mi, froom Coimimon rWnde � � :50 0 09a20)2020 There is stili:rme m save 0 20 at Ftair!s Lrsnr ! 409 09,IM2020 Start OUr Monday theED �t 259, 4 �_ ._ healthy s a,�with�Or anic 1 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: October 13, 2020 CRA PROJECTS IN PROGRESS AGENDAITEM: 12.C. SUBJECT: CRA Economic & Business Development Grant Program Update SUMMARY: The CRA's reimbursable Economic Development Grants provide 50% of the project costs in matching funding for rent and commercial property improvements. The grant programs continue to further the CRA's mission to activate vacant commercial space, assist businesses, create jobs and develop a vibrant downtown. Grant guidelines and applications can be downloaded from the CRA website: www.boyntonbeachcra.com Below is a status report of the CRA's Economic Development Grant Programs and Business Development activities for FY 2020-2021: FY 2020-2021 Budget $402,113 COVID-19 Rent Reimbursement 6-month extensions*- $0 Remaining Fund Balance as of 10/13/2020: $402,113 List of CRA Board approved Economic Development Grants awarded since October 1, 2020: * No new applications submitted as of October 6, 2020 New Business Tax Receipts issued in July - September 2020 located within the CRA boundaries: B`arh ' Nrn ` Ei Addr Ir 'Tp E & C's Beauty Salon Experience 510 E. Ocean Avenue, Unit 102 Hair Salon Guaca Go Corp 510 E. Ocean Avenue, Unit 106 Restaurant 416 Boynton, LLC 416 E. Boynton Beach Boulevard Tropical Smoothie Cafe 512 E. Woolbright Road Restaurant US I Security Services, Inc. 600 W. Industrial Avenue I ndustrial/Security Use Pitbull BBQ 411 N. Federal Highway Food Prep Delray Chiropractic Center, Inc. 1080 S. Federal Highway Medical Office Orci Counseling Center, Inc. 1080 S. Federal Highway Medical Office FISCAL IMPACT: FY 2020 -2021 Budget, Project Fund, Line Item 02-58400-444, $402,113 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required by the CRA Board at this time. 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: October 13, 2020 CRA PROJECTS IN PROGRESS AGENDAITEM: 12.D. SUBJECT: Ocean Breeze East Affordable Multi-Family Rental 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). As of October 1, 2020, all buildings are completed and the installation of landscaping has begun on NE 1st Street, along the project's east property line (see Attachment 11). Centennial Management Group is in the process of reviewing rental applications from prospective tenants. Interested residents can contact the project developer, Centennial Management, at r ° ?centeni, or (305)455-5006 for more information on the application process. The construction remains on schedule with project completion 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 P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D Attachment I - Project Elevations and Site Plan D Attachment 11 -Construction Progress Photos W C n FAL y rpd 4 {i . w,,.. w w' cr 4 r+ 1 E } 2 �l t � r t 114 u1 V7 ,� r qr gt{h i � w i WiR \+ No": :111�� All e a. EXHIBIT B D 3 OA191SMIOV3S N ® p - El m N 7 �\ i 7 1 M I � P d C/) , CO �B � a Iz � o g _ > TI I l \ l S h n5 1 8X 7 I' a a 4 I Y vI ag � D. 133815 M 3N =e (D EL�gEg p T 11 s AI ®� e� FR s �� sssm co co aaD, a � wN zoANz m mW 3 a m m 0 wE El 0 w mm _ �—— m n E 0 m o. z z < ®o o© o0 D oo IML 0 a0 0 a�. it En D 0 0 0 o ,a © as as € ° 0 0 m� -N t El El MCIM-1101 o0 e 5 IIF�-�-III II=5I��--III 0 RRIN 00 t v # 2 1 0 �g w � 00 0=== 0=6 w -m om e - m o 0 a z z D x co cf) �. � A= a ofl- - - - D s ny`°, °s sr�sn, a 3 N A gg p m m m Em $ N e a o � ��.. do z w FCT 6 � N ■ wu;e6xr f�are6xr,` (A Z O O o0 El El 0o oo N OLS 0E-1 "O" OLS OJLJ Lj { { I { v CCD ❑0 i sli o� oI o0 00 I as as ooHim { C' 00 0o I oo { $ I � as o0 00 { g ❑� El 0it c� � ' £ It 9 a 00 0o F w o I a tH sae m Ck ffl=, o� ❑o C Wi C- I o { o w � it, 14, 141 o o ®oI ©� I 00 0o I oo i as as I oo I g ©o I ®o X.�a tit �s n7�,��°s sr'��m w i mp , M m� C D m y n. * - �m ° � 3 ��... do z w m� �O OLS DD DD m nII o< o© o0 00 av � � K � W i m ❑0 AM I L m � Otit otiii Ell OL. Q F o0 OLILI 0 M it it 00 00 00 , © o0 0o o e N DD DD DD z O VIA o0 0o ooit3 S m sR m si it it l v � € O. ti ti o 9 OLS DD i DD i x n g 8 �I �I a a co =� a N axr; El � Z .:_. E El IM_ 00 00 0a , IM m < 00 a0 00 0 00 3' w 00 o. g' L�_J D 0 I T o t, al it 00 00 it � i gg "i LILI LILI � D ' El : 113 E01 El : LITE: $ m g m 00 00 00 � 0 o. g 00 00 00 Dit o 0 00 DO o v N H o 00 00 SII 0 00 a0 00 00 o 0 Eli D 0 00 00 0 00 00 w IM ❑o 0© 00 00 He Ef ra € o E=El X�a " .� m o O HHHHHHH �. A= a NIM S IN 3 mm �cf) _ A= O oo - 4 Aga a m c Ocean Breeze East Project Update October 7, 2020 J Ocean Breeze East Project Update October 7, 2020 't y (p 1 t 1 (3 S)1{ f` "Fil u 7 'A K s cf tx�� { Ocean Breeze East Project Update October 7, 2020 t } 4 , �- kk Ocean Breeze East Project Update October 7, 2020 { 4 } r t } i �.s m Ocean Breeze East Project Update October 7, 2020 t r{yrltcttr t�A+lt`1sl\ t �--t t - ii#\� - f t S�{Sr'kii-`� 15 5 , h r�titi,Fsfrw t� y'1'1 f 7p t l t t rHi y arc_ .n;t cs� - :__ �r��r�e•t ' �{� f(S'�S'` t i ,i tl��r��l��t£1 t S r;fE#ISS��}�� lh��tizmf{��1��f}i�t1��fil��t t1�y �i s l4,�f} vE 5 „1 rtE , E t 5 it — r Ocean Breeze East Project Update October 7, 2020 )t4} dt,<, tr stat t � t r�, ltt4, 21 Y — �� fU t r s r{n {t t i l4 r� Ocean Breeze East Project Update October 7, 2020 » © ` .gid\ \ MINE! 11IM! - : ar © - - � 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: October 13, 2020 CRA PROJECTS IN PROGRESS AGENDAITEM: 12.E. SUBJECT: Palm Beach County Housing Authority Project Update SUMMARY: • On November 14, 2019 Larry Greenberg, former Chief Development Officer of the Palm Beach County Housing Authority (PBCHA), advised CRA staff that the PBCHA would submit a Special Application Center request to HUD for permission to dispose of the Cherry Hill vacant lots through the competitive process of placing the lots for sale on the open market (see Attachment 1). • On July 9, 2020, a virtual meeting was held with the CRA Director, City Manager, Palm Beach County Housing Authority (PBCHA) Director, Carol Jones-Gilbert, along with her Chief Development Officer and Board Chair to discuss the disposition status of their vacant parcels located within the Heart of Boynton District. Ms. Jones-Gilbert stated that the PBCHA was actively working with the Department of Housing & Urban Development (HUD) office to complete their Special Application for Disposal of these and many other parcels owned by their Agency. According to Ms. Jones-Gilbert, they were receiving several hours of technical assistance from HUD advisors on July 15, 2020, to be better prepared throughout the disposal process. The PBCHA made it clear to us that they understand the CRA and City's desire to have those lots developed into new home ownership opportunities and are willing to work with them in any way possible to achieve that goal. Ms. Jones-Gilbert concluded the meeting by assuring us that she will keep us informed as the disposal process continues. • On October 2, 2020, the CRA and City received an email update from Tammy MacDonald, PBCHA's Chief Development Officer stating that they have started the HUD Property Disposition Application, will need to perform appraisals on the parcels, perform environmental reviews, consult with their PBCHA Resident Advisory Board in October and requested a letter of support from the City of Boynton Beach (see Attachment I I & 111). FISCAL IMPACT: FY 2019-2020 Budget, Project Fund, Line Item 02-58200-406, $100,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D Attachment I - November 14, 2019 Email from PBCHA D Attachment II -October 2, 2020 Email from Tammy McDonald D Attachment III -October 5, 2020 Letter of Support from Mayor Grant D Attachment IV - PBCHA Property Map From: Larry Greenberg <LGreonberu@PBC » Sent: Friday, November |5, 201921OPK4 To: Simon, Michael; Utterback,Theresa Cm: Carol]mnes-Gi|bert; Maxine Gayle Subject: RE: Palm Beach County Housing Authority/Cherry Hill Lots Absolutely will do Sir. 4a' ^�y 6ree^7he,y O^ ^�c~~' � A7�� b�eh �M17e�� 3432 West 45��Stneet West Palm Beach, Florida 33407 (561) 718-2865 /MobOe\ (561) 684-2160x103 (C)ffime) Web Sife This e-mail and any files transmitted with it are confidentia I and are intended solely for the use of the individua I or entity to whom they are addressed.This communication may contain material protected by attorney-client privilege.If you are not the intended recipient or the person responsible ford elivering the e-mail to the intended recipient,be advised that you have received this e-mail merror and that any use,dissemination,forwarding,printing v,copying ofthis e-mail/s strictly prohibited. From:Simon, Michael [nmai|to:SinnonM@bbfius] Sent: Friday, November 1S, 2O191:3OPW1 To: Larry Greenberg<LGreenberg@PBCHAFL.org>; Utterback,Theresa <UtterbackT@bbfl.us> Cc:Carol Jones-Gilbert<CJones-Gilbert@PBCHAFL.org>; Maxine Gayle<MGayle@PBCHAFL.org> Subject: RE: Palm Beach County Housing Authority/Cherry Hill Lots Thank you Larry. P|easakeepuainthe |oopasyoumnovefmnwandsovve'Uat |easthevea"chance"tobuytha |andandbui|daffbndab|a housing. Michael Simon, FRA-RA, CP3P, LRES Executive Director Boynton Beach Community Redevelopment Agency 710N. Federal Hwy. | Boynton Beach, Florida 33485 � 561-6OQ-BO92 | �� 61-��-�2�� 'i SimonKA@bbf|.os http://wwvv.cetchboynton.cmm z BOYNTON '' dmoll� BEACH America's Gateway tote Gutfstrearn Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Larry Greenberg< nbler Ce BCH ar > Sent:Thursday, November 14,2019 6:12 PM To: Utterback,Theresa< tt rbacF l @� tl a >; Simon, Michael< ir:r: ' , rb�l Iis> Cc:Carol Jones-Gilbert< J,res- Il r r jFI ar >; Maxine Gayle<MI „ _, F FI > Subject: Palm Beach County Housing Authority/Cherry Hill Lots Good Afternoon Michael and Theresa, As you are aware,we have had several meetings regarding the above referenced lots,and unfortunately the density requirements present a challenge for the Authority. We do appreciate the time and effort spent, however after much consideration,we have decided to submit a Special Application Center request to HUD, requesting,permission for the disposition of these lots by means of a competitive process,on the open market. I am happy to keep you in the loop as we move forward. Thank you, p 2 West 45th Street West Palm Beach, Florida 33407 (561)718-2865 (Mobile) ( 1) 4-21 x1 (office) Web This e-mail and any files transmitted with it are confidential and are Intended solely for the use of the individual or entity to whom they are addressed.This communication may contain material protected by attorney-client privilege.If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient,be advised that you have received this e-mail in error and that any use,dissemination,forwarding,printing or copying of this e-mail is strictly prohibited. 10/7/2020 Mail-Shutt,Thuy-Outlook Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From:Tammy McDonald [mailto:TMcDonald@pbchafl.org] Sent: Friday, October 2, 2020 12:24 PM To: Simon, Michael <SimonM@bbfl.us>; LaVerriere, Lori <LaVerriereL@bbfl.us> Cc:Carol Jones-Gilbert<CJones-Gilbert@PBCHAFL.org> Subject: RE:Touching Base from Boynton Beach Good morning Michael, Trusting all is well with you and yours. Just touching base to give you an update as promised on the status of the PBCHA vacant lots disposition in Boynton Beach. We have started the SAC application process as planned and have been in contact with the SAC Applications Center as well as our local HUD field office for expediting. Before submission to HUD, there are several tasks which must be completed as follows: • Local government letter of support — I have attached a template which should be placed on the City of Boynton Beach's letterhead and signed by the Mayor. Please confirm that you will assist with this requirement. • Appraisal performed within 1 year of application date —the appraisals we have were done last June and must be updated. We are awaiting response from the appraiser as to how long it will take to perform updates. • Environmental Review Reports have been ordered and should be completed within 45 days. • Resident Advisory Board consultation is tentatively planned for October 15, 2020 • Board Resolution must be performed after Local Government Consultation and Resident Advisory Board consultation. Our plan is that this step can be taken at the October 19, 2020 PBCHA Board meeting. Assuming all tasks are completed as planned, we should be able to submit the fully completed application to HUD by mid November. Thanks for your patience. Regards, Tammy McDonald l Chief Development Officer Palm Beach County Housing Authority 3432 West 45th Street https://outlook.office365.com/mail/deeplink?version=20200928003.10&popoutv2=1 5/17 10/7/2020 Mail-Shutt,Thuy-Outlook West Palm Beach,FL 33407 Office:(561)684-216o,ext.103 Cell: (561)718-2865 Fax: (561)455-9965 Email:tmcdonald@pbchafl.org P � y Ids f� Under Florida law, e-mail addresses, and all communications, including e-mail communications, made or received in connection with the transaction of Palm Beach County Housing Authority business are public records, which must be retained as required by law and must be disclosed upon receipt of a public records request, except as may be excluded by federal or state laws. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. CONFIDENTIALITY NOTICE. This communication is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521. It is legally privileged(including attachments)and is intended only for the use of the individual(s)or entity(ies) to which it is addressed. It may contain information that is confidential, propriety,privileged, and/or exemptfrom disclosure under applicable law. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon this information by persons or entities other than the intended recipient is strictly prohibited. If you have received this communication in error,please notify us at tmcdonald ft hafl.org,so that e may take the appropriate action and avoid troubling you further. If you are not the intended recipient(s), please destroy this message, any attachments, and notify the sender by return e-mail. Thank you for your cooperation. From: Simon, Michael <SimonM@bbfl.us> Sent:Wednesday, September 2, 2020 11:03 AM To:Tammy McDonald <TMcDonald@pbchafl.org>; LaVerriere, Lori <LaVerriereL@bbfl.us> Cc:Carol Jones-Gilbert<CJones-Gilbert@PBCHAFL.org> Subject: RE:Touching Base from Boynton Beach Importance: High Tammy: I greatly appreciate your email response below. This will be extremely helpful when Lori and I are questioned by the City Commission or CRA Board as to the status of these lots. Good luck with the application and if you need any letters of support or anything else, please let us know. Have a great day. Michael Simon, FRA-RA, CP3P, LRES Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave. Boynton Beach, Florida 33435 561-600-9091 JEJ 561-737-3258 https://outlook.office365.com/mail/deeplink?version=20200928003.10&popoutv2=1 6/17 m %e City of Boynton Beach OFFICE OF THE C17Y COMMISSION ® Mayor Steven S.Grant 100 East Ocean Avenue Boynton Beach, Florida33435 (P): 551-742-6010 I (F):561-742-6011. rwww.boynton-beach.org October 5, 2020 Carol Jones-Gilbert Executive Director Palm Beach County Housing Authority 3432 W.45th Street West Palm Beach, Fl. 33407 Dear Ms.Jones-Gilbert: I have the great pleasure to express the City of Boynton Beach's enthusiastic support for your Disposition Application.The application would permit the Palm Beach County Housing Authority("PBCHA")to dispose of 44 vacant lots located in the Cherry Hills subdivision of Boynton Beach through a public auction and use the proceeds to develop or acquire affordable housing in areas of need within Palm Beach County. The disposition of these lots will allow the Boynton Beach CRA and other interested affordable housing developers the opportunity to create affordable housing options for our residents as well as increase the value of the property to both the neighborhood and the City. The Palm Beach County Housing Authority is seeking HUD's approval to procure an experienced, licensed real estate auctioneer for the sale of the lots at or above market value. The auction would further assist the City of Boynton Beach with our goal to rejuvenate the Cherry Hills community and would be in the best interest of all involved. Sincerely, Steven B. Grant Mayor m , t Z � ev AT sruy U �1 � �� , i�� 1.. i!t ) + ,t + I�✓' � - �htlti i� dt�, Ye\� � 1 '"" I��„pp S Y � �c w«i. �ty 1 4 ,3 lYts A, , ((-`r+t tt ICE'P �y �t J� f �t� g�ua A rIC ' t p� sr � Ali , sa y rsf to tiN 21 ~` '��]rGG E u4� Pai C'S'C B 1 Z�I��_{t�� "} u loin fVW ��`„'' Y�m �� i. m� A NIP tt a `say itt�r � k dyar ti -� fi4itr �+ i ;fi r. r s n° V >i.si i , vft �� YM1Adw .� weris�. ,atV r6S� }sir !� i V Api Ob", �,} . t t Gt. 2� �t �111U S. ! rN l a s W+hY2: u� :7 '"" ma5v� Alo-hsi:YVt n AM PIP. q� WXV 5 .rte a c ��, �� !3! }� ^� •ry s� m _ r r a'r't =' ,ds.�.wu:•s �� " ,�� sC e r{t ,+c}C`c' �}�4>�a � r, u 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: October 13, 2020 OLD BUSINESS AGENDAITEM: 14.A. SUBJECT: Discussion Regarding Prevailing Wage, Benefits and Apprenticeship Policies for CRA Procurement and Requests for Proposals SUMMARY: This item is being brought forth at the request of CRA Board Member Katz and approved for discussion purposes by the CRA Board. In the interest of job creation, economic development, and workforce development, some municipalities or counties may adopt certain policies and criteria for procurement that would require a contractor to provide their laborers and craftsmen a guaranteed or prevailing wage based on the hourly wage rate for each specific trade. These policies could also include language regarding requirements to provide a wage inclusive of health, medical, pension and life insurance. Additionally, municipalities and counties can create policies and criteria for procurement that incorporate a requirement that the selected contractor must use a pre-determined percentage of workers from an approved apprenticeship program located within a specific geographic area or town. At the present time, the CRA does not have a prevailing wage, benefit or apprenticeship program enacted by resolution under the Agency's Procurement Policy. As directed by the CRA Board at their June 11, 2020 meeting, CRA legal counsel, has provided a summary of their research on this subject after reviewing ordinances or policies from other Florida cities and counties (see Attachments I -VI). At their August 11, 2020 meeting, the Board requested legal provide the status of the pending lawsuit involving the City of St. Petersburg. In the Florida Gulf Coast Chapter of Associated Builder& Contractors ("ABC")verses the City of St. Petersburg case; on July 6, 2020, ABC filed a Motion for Summary Judgement. On July 23, 2020, the City of St. Petersburg filed its Response. A Reply was filed by ABC on August 3, 2020. A hearing has not yet bet set on the Motion for Summary Judgment. Per the Case Management Order, the case is expected to be set for a 5-day jury trial in May 2021. During the August 11, 2020 meeting, the CRA requested information on the definitions associated with "minimum wage", "living wage" and "prevailing wage" (see Attachment VI 1). The definitions are as follows: • Minimum wage is the most widely recognized term in the realm of employee compensation. It is the lowest allowable rate of pay at which an employee may sell their work. • Prevailing wage typically refers to the rate of pay that contractors and vendors must offer their employees when doing business with a government agency. A prevailing wage is defined as the hourly wage, usual benefits and overtime, paid to the majority of workers, laborers, and mechanics within a particular area. This is usually the union wage. Prevailing wages are established by regulatory agencies for each trade and occupation employed in the performance of public work, as well as by State Departments of Labor or their equivalents. Prevailing wage may also include other payments such as apprenticeship and industry promotion. • A living wage is defined as the minimum income necessary for a worker to meet their basic needs. Living Wage is the lowest wage at which subsistence needs can be met by an employee. FISCAL IMPACT: To be determined by the CRA Board. CRA BOARD OPTIONS: To be determined by the CRA Board. ATTACHMENTS: Description D Attachment I -CRA Legal Counsel Summary D Attachment II -West Palm Beach Prevailing Wage Ordinance D Attachment III - Broward County Prevailing Wage Ordinance D Attachment IV -City of Riviera Beach Apprenticeship Policy D Attachment V -2007 St. Lucie County Ordinance D Attachment VI - December 2001 Port of Palm Beach Policy D Attachment VII -Wage Definitions FLORIDA PREVAILING/LIVING WAGE AND APPRENTICESHIP ORDINANCES ALACHUA COUNTY • Alachua County has a Minimum Wage Ordinance. • Contractors and subcontractors of the County shall pay its covered employees an Alachua County Government Minimum Wage of either the health benefit wages and provide health benefits or pay a non-health benefit wage. • The contractor shall certify to the County that it will pay each of its covered employees Alachua County Government Minimum Wage, and upon execution, the certification shall become an obligation under the contract. • The Alachua County Government Minimum Wage shall be a requirement in all solicitations of covered services. BROWARD COUNTY • Requires every construction contract in excess of $250,000, that Broward County is a party to, to include a provision that the wages and fringe benefits for laborers, mechanics and apprentices, employed by any contractor or subcontractor on the work covered by the contract, shall be not less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register in Broward County, Florida. • Above listed provision does not apply for construction contracts that involve federal funding, or those which are subject to the provisions of the Davis-Bacon Act (40 U.S.C. 276(a)). • It is not retroactive. • Broward County also has a Construction Apprenticeship Program, which requires contactors to use apprentices for County construction contracts. Broward County seeks to increase the number of apprentices used by contractors, creating opportunities that will enable these apprentices to develop into more skilled labor that will then be available for County construction projects. • Bidders that respond to a solicitation for a construction project are required to certify that: 1) The bidder or its subcontractors participate in an apprenticeship program that is registered with the Florida Department of Education or the United States Department of Labor; or 101354095-2 1 2) The bidder commits that, at the time the bidder executes a construction contract, it or its subcontractors will be participating in an apprenticeship program that is approved by the Florida Department of Education or the United States Department of Labor; or 3) There are no registered apprenticeship programs for any type of work to be performed on the construction project, but the contractor or its subcontractors will use a person participating in a company-sponsored training program to perform that type of work on the construction project. • For the duration of the construction contract, at least twelve percent (12%) of the labor hours on the construction project, including all work performed pursuant to change orders, must be performed by apprentices employed by the contractor or subcontractors. • If the contractor is unable to achieve or maintain the required percentage, the contractor must demonstrate and document the good faith efforts made to achieve or maintain the required percentage. The County will determine whether the contractor made all required good faith efforts by evaluating the contractor's submitted documentation. • The Board of County Commissioners can determine that applying the Construction Apprenticeship Program to the construction project is not in the best interest of the County. • The Construction Apprenticeship Program requirements will not apply to a subcontractor that is a CBE if the compensation to be paid under the applicable subcontract for labor costs is less than $1,000,000. • The twelve percent (12%) requirement of labor hours on the construction project that must be performed by apprentices may be reduced by the County Administrator under certain circumstances. • Broward County also has a "Broward County Living Wage Ordinance" (Sect. 26-100). • The Broward County Living Wage Ordinance requires all service contractors entering into, renewing, or extending a contract to provide covered services to the County to pay all of their employees providing covered services a living wage of no less than $9.57 per hour, as adjusted, in addition to health care benefits, or otherwise $10.82 per hour, as adjusted. • Any and all contracts for covered services shall be void, and no funds may be released unless, prior to entering any contract with the County for a service contract, the covered employer certifies to the County that it will pay each of its covered employees no less than the living wage. 101354095-2 1 • Payment of the living wage shall be required by the procurement specifications for all County service contracts for covered services on which bids or proposals shall be solicited. • The procurement specifications for applicable contracts shall include a requirement that service contractors agree to produce all documents and records relating to payroll, and that service contractors agree to comply with the obligation to maintain payroll records, and that service contracts agree to comply with the obligation to maintain payroll records for covered employees for at least three (3) years from the date of termination of the service contract, and to produce such records for inspection and copying upon request from the applicable contract administrator. • Sanctions may include damages of $500.00 per day, but not exceeding $1,000.00 for each week, for each covered employee or subcontractor that is found not to have been paid in accordance with the Broward County Living Wage Ordinance; suspension or termination or payment under the contract; termination of the contract, determination of ineligibility for future service contracts for five (5) years or until all damages and restitution have been paid in full, whichever is longer. ST. PETERSBURG • St. Petersburg's ordinance addresses major construction project requirements for employing disadvantaged workers and living/responsible wage requirements for certain City contracts. • Disadvantaged worker means (i) a person who has a criminal record, (ii) a veteran, (iii) a Southside Community Redevelopment Area resident, (iv) a person who is homeless, (v) a person without a GED or high school diploma, (vi) a person who is a custodial single parent, (vii) a person who is emancipated from the foster care system, or (viii) a person who has received public assistance benefits within the twelve (12) months preceding employment by the prime contractor or subcontractor. • Requires contractors to employ disadvantaged workers to perform work on construction projects of$1,000,000.00. • Requires at least fifteen percent (15%) of all hours of work performed on a major construction project shall be performed by disadvantaged workers employed by prime contractors or subcontractors. • Persons or entities responding to a solicitation for a major construction project must submit the following with their bid, proposal, or statement of qualifications: ❖ a list of the resources which will be used to identify disadvantaged workers; ❖ a list of subcontractors proposed to be used for the project; ❖ total work hours estimated for the major construction project; and, 101354095-2 1 ❖ a demonstration of fifteen percent (15%) of the total work hours proposed to be performed by disadvantaged workers, and a description of the work to be performed by the disadvantaged workers. • The prime contractor shall pay disadvantaged workers it employs for a major construction project, and shall require its subcontractors who employ disadvantaged workers for a major construction project to pay such disadvantaged workers at the hourly rates set forth in Section 2-277. • Solicitation responses must be rejected if they do not meet the disadvantaged worker required participation percentage and resolicit the major construction project unless the Mayor or Mayor's designee determines that (i) selecting the bid or proposal which substantially complies with this division is necessary and in the best interests of the City, or (ii) selecting the most qualified entity is necessary and in the best interests of the City. • The contract for a major construction project between the City and the prime contractor shall include a provision requiring the prime contractor to comply with the disadvantaged workers requirements, and shall provide that the failure of the prime contractor to comply with such requirements shall result in consequences for noncompliance. • The prime contractor shall keep, and shall require its subcontractors to keep, accurate records showing the total hours of work performed on a major construction project and the name, address, trade classification, hours worked, evidence of disadvantaged worker status, and employment status of all disadvantaged workers asserted to meet the percentage required in this section. The prime contractor shall submit the records to the POD on a weekly basis for the duration of the major construction project. • The Ordinance outlines consequences for noncompliance. • The Florida Gulf Coast Chapter of the Associated Builders and Contractors has sued the City of St. Petersburg challenging the requirement that contractors use apprentices and disadvantaged workers on major projects. • St. Petersburg also requires that every contractor shall pay, and shall ensure that all subcontractors pay, no less than the following wages to each employee for each hour of covered work performed by that employee. Beginning on January 1, 2020, the greater of: a. The minimum hourly wage set by the state minimum wage laws; b. The minimum hourly wage set by the Fair Labor Standards Act; or C. $14.00 dollars per hour. • Contractors may comply with the living wage requirement by choosing to provide health care benefits as a portion of the wage outlined above. 101354095-2 1 • Contractor is required to submit a notarized compliance affidavit to the City as proof of the provision of health care benefits to qualify for the living wage rate for employees with health care benefits. • Beginning on January 1, 2021, and every year thereafter, the living wage rate or health care benefits payment may, by resolution of the City Council, be indexed annually for inflation. No annual index shall exceed three percent (3%). • The City Council may also, by resolution, elect not to index the minimum wage rate or health care benefits payment in any particular year, if it determines it would not be fiscally sound to implement same (in a particular fiscal year). • For any solicitation of services with an average annual contract amount estimated to exceed $500,000.00, the POD shall include in solicitation documents that, if the resulting contract is with a person or entity that employs more than 50 FTEs, such contract must incorporate the living wage requirements of this division. • If a contractor, for the purpose of performing a major service contract, utilizes any subcontractor, the contractor shall ensure that such subcontractor complies with the living wage requirements of this division. • If a contractor fails to comply with the requirements of the living wage and associated contractual requirements, the Ordinance outlines the consequences for noncompliance. • Payment of responsible wage. Every contractor shall pay, and shall ensure that all subcontractors pay, no less than the hourly wage for each craft or trade under the most recent Davis-Bacon Act wage rates listed for Pinellas County to each employee for each hour of covered work performed by that employee. • For any solicitation of a construction project with a contract amount of$1,000,000.00 or more, the POD shall include in solicitation documents that the resulting contract with the selected entity must incorporate the responsible wage requirements of this section. • City Council may waive any provision of wage requirements for certain City contracts by a resolution receiving at least five (5) affirmative votes. • At least fifteen percent (15%) of all hours of work performed on a major construction project shall be performed by apprentices employed by prime contractors or subcontractors. (Sect. 2-263) • Persons or entities responding to a solicitation for a major construction project must submit a description of their proposed apprentice usage with their bid, proposal, or statement of qualifications. The description must include, but is not limited to, total work hours estimated for the major construction project, a demonstration of fifteen percent (15%) of the total work hours proposed to be performed by apprentices, construction trades, program sponsors or sources (including any certification if there are 101354095-2 1 no apprentices from a Region 3 State of Florida Department of Education approved apprenticeship program), subcontractor opportunities and estimated duration of the employment of apprentices. • The prime contractor shall pay apprentices it employs for a major construction project, and shall require its subcontractors who employ apprentices for a major construction project to pay such apprentices, at the hourly rates set forth in Section 2-277. • If none of the solicitation responses meet the apprentice participation percentage, the POD shall reject the solicitation responses and resolicit the major construction project, unless the Mayor or Mayor's designee determines that (i) selecting the bid or proposal which substantially complies with this section is necessary and in the best interests of the City, or (ii) selecting the most qualified entity is necessary and in the best interests of the City. • The contract for a major construction project between the City and the prime contractor shall include a provision requiring the prime contractor to comply with the requirements of the apprenticeship program, and shall provide that the failure of the prime contractor to comply with such requirements may result in consequences for noncompliance. • The prime contractor shall keep, and shall require its subcontractors who employ apprentices to keep, accurate records showing the total hours of work performed on a major construction project and the name, address, trade classification, hours worked, evidence of apprenticeship status, and employment status of all apprentices asserted to meet the percentage required in this section. • The prime contractor is also required to keep, and shall require its subcontractors who employ apprentices to keep, accurate payroll records for all apprentices which include name, address, work classification, the straight time and overtime hours worked each day and each week, fringe benefits, and the actual per diem wages paid to each apprentice hired in connection with a major construction project. • The prime contractor shall submit the records to the POD on a weekly basis for the duration of the major construction project. The prime contractor is responsible for assuring that all compliance documentation is submitted to the City on forms provided by the POD. WEST PALM BEACH • West Palm Beach has a living wage program. (Sec. 66-251) • Covered employees shall be paid a living wage of no less than $15.00 per hour. Covered employee means any employee of a covered employers, who is working under a construction contract, either full or part time. 101354095-2 1 • The living wage rate may, by resolution of the City Commission, be indexed annually for inflation using the Consumer Price Index. No annual index shall exceed three percent. • The City Commission may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same in a particular year. • Any and all construction contracts subject to the living wage program may be voidable, and no funds may be released, unless prior to entering any construction contract with the City, the contractor certifies to the City that it will pay each of its covered employees no less than the living wage. • The living wage shall be required in the procurement specifications and solicitations for all applicable construction contracts on which bids or proposals are solicited. • The procurement specifications shall include a requirement that contractors and their subcontractors agree to produce all documents and records relating to payroll and compliance upon request from the City. • Any bid failing to include a commitment to pay the living wage to covered employees shall be deemed non-responsive and shall be disqualified, except where the procurement official determines that such disqualification would not be in the best interests of the City under the particular circumstances. • Requires covered employers to maintain payroll records for three (3) years. • With every request for payment under the construction contract, the covered employer shall certify that the covered employer is in compliance with the living wage program and shall submit supporting payroll information showing the covered employer's payroll records for each covered employee working on the covered construction contract for the period covered in the request for payment. • Outlines sanctions against contractors, including requiring the contractor to pay wage restitution at the contractor's expense, imposition of additional damages by the City or special magistrate, suspension of payment under the covered contract, declaration that the contractor is ineligible for future service contracts for up to three (3) years, etc. 101354095-2 1 Sec. 66-252. -Living wage. (a) [Generally.]Effective April 1, 2018, covered employees shall be paid a living wage of no less than $14.00 per hour,which shall be increased to $15.00 per hour on October 1, 2019. All future increases shall be enacted pursuant to subsections 66-252(b)and (c). (b) Indexing.The living wage rate may, by resolution of the city commission, be indexed annually for inflation using the Consumer Price Index for all Urban Consumers(CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent; nor shall an annual increase exceed the corresponding annual compensation increase (if any) provided to unrepresented (i.e., unclassified)city employees.The city commission may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same, in a particular year.The determination to index, or not index,the living wage rate shall be considered annually during the city commission's review and approval of the city's annual operating budget. (c) Catch-up election. In the event that the city commission has determined, in any particular fiscal year(or years), to not index the living wage rate,and thereafter determines that making up all or any part of the prior year's (or years') unindexed percentage would not have an adverse fiscal impact upon the city,then the city commission shall also have the right, but not the obligation,to cumulatively index the living wage rate to "make-up"for any deficiencies in the prior year(or years)where there was no increase(s).The catch-up election must be approved by resolution, and may only be considered during the city commission's review and approval of the city's annual operating budget. (d) Certification required before payment. Any and all construction contracts subject to the living wage program may be voidable, and no funds may be released, unless prior to entering any construction contract with the city,the contractor certifies to the city that it will pay each of its covered employees no less than the living wage described in this section. A copy of this certificate shall be made available to the public upon request. The certificate, at a minimum, must include the following: (1) The name, address, and phone number of the covered employer, a local contact person, and the specific project for which the contract is sought; (2) The amount of the construction contract, a brief description of the project or service provided, and the city department the contract will serve; (3) A statement of the wage levels for all employees providing services under the contract; and (4) A commitment to pay all covered employees the living wage,as defined in this section, and including, without limitation, any annual indexes or catch-up elections thereto, pursuant to this section. (e) Observation of other laws. Every covered employee shall be paid not less than fortnightly and without subsequent deduction or rebate on any account(except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement).The covered employer shall pay covered employees wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. (f) Posting.A copy of the most current living wage rate shall be kept posted by the covered employer at the site of the work in a prominent place where it can easily be seen and read by the covered employees, and shall also be supplied to an employee within a reasonable time after a request to do so. Posting requirements will not be required where the covered employer prints the following statements on the front of the covered employee's first paycheck and every six months thereafter: "You are required by City of West Palm Beach law to be paid at least dollars [NOTE: Covered employer to insert applicable living wage rate] per hour. If you are not paid this hourly rate, contact your employer,an attorney, or the City of West Palm Beach."All notices shall be printed in English,Spanish,and Creole. (g) Collective bargaining. Nothing in this section shall be read to require or authorize any covered employer to reduce wages set by a collective bargaining agreement or areas required under any prevailing wage law. (h) Other exemptions. 1. Contracts for the purchase of products or goods are exempt from the living wage program. 2. Contracts paid with funding, in whole or in part,from federal or state agencies where the living wage program conflicts with the requirements for such funding. (Ord. No.4744-17, § 2, 1-29-2018) Sec. 66-253. -Implementation. (a) Procurement specifications.The living wage shall be required in the procurement specifications and solicitations for all applicable construction contracts on which bids or proposals are solicited.The procurement specifications shall include a requirement that contractors and their subcontractors agree to produce all documents and records relating to payroll and compliance with this section upon request from the city. All procurement specifications for covered construction contracts shall include appropriate information about the requirements of this section. (b) [Commitment.]Any bid failing to include a commitment to pay the living wage to covered employees shall be deemed non-responsive and shall be disqualified, except where the procurement official determines that such disqualification would not be in the best interests of the city under the particular circumstances. (c) Maintenance ofpayrol/records. Each covered employer shall maintain payrolls for all covered employees and basic records relating thereto, and shall preserve them for a period of three years after the term of the covered construction contract, or during the pendency of any complaint, administrative hearing,appeal or litigation, until a final determination is made or all such proceedings have concluded.The records shall contain: (1) The name and address of each covered employee; (2) The job title and classification; (3) The number of hours worked each day; (4) The gross wages earned and deductions made; (5) Annual wages paid; (6) A copy of the social security returns and evidence of payment thereof, (7) Any other data or information this section should require from time to time. (d) Reporting payroll.With every request for payment under the construction contract,the covered employer shall certify that the covered employer is in compliance with the living wage program and shall submit supporting payroll information showing the covered employer's payroll records for each covered employee working on the covered construction contract for the period covered in the request for payment. Upon request from the city,the covered employer shall produce its payroll records for any or all of its covered employees for any period covered by the covered services contract.The city may examine, inspect,and/or copy such payroll records as needed to ensure compliance with the requirement of this article. (Ord. No.4744-17, § 2, 1-29-2018) Sec. 66-254. -Compliance and enforcement. (a) Contractor to cooperate.The contractor shall permit the city to observe work being performed at, in, or on the project for which the construction contract was issued. (b) Complaint procedures and sanctions. (1) A covered employee, or former covered employee,who believes that this section applies to him or her and that a covered employer is not complying with the requirements of this section, has a right to file an administrative complaint with the city's procurement director.Any individual or entity may also file a complaint with the procurement director of the city on behalf of covered employee for investigation by the city. (2) Complaints by employees of alleged violations shall be made in writing within one year after the alleged violation occurred. No complaint shall be within the jurisdiction of the city in this section if the complaint is filed more than one year after the alleged violation occurred. (3) The complaint shall be signed by the person making the complaint, referred to as complainant and, if the complainant is not the covered employee, by the covered employee as well; shall be sworn to or affirmed; and shall, at a minimum, state the full name and address of the complainant;the full name and address of the covered employer against whom the complaint is being made, referred to as the respondent;the facts upon which the complaint is based; and such other information as may be required by the city.The complaint may be filed by personal delivery, ordinary mail, or certified mail,addressed to the city's procurement director. (4) The city's procurement official shall notify the covered employer, referred to as the respondent, by providing the employer with a copy of the complaint by certified mail or personal delivery.Within 30 working days after a copy of the complaint has been served upon the respondent by the procurement director,the respondent may file an answer thereto. If an answer is filed,the answer shall be in writing and contain,at a minimum,a separate and specific response to each and every particular of the complaint, or a denial of any knowledge or information thereof, sufficient to form a belief. Any allegation of the complaint which is not denied shall be deemed admitted. (5) If an answer is filed,the procurement director shall cause a copy of the answer to be served on the complainant. If the respondent elects not to answer the complaint,then the matter shall proceed on the evidence in support of the complaint. (6) Whenever a verified written complaint is filed pursuant to this section,the procurement director shall make a prompt investigation of all allegations of violations in connection therewith and forward to the city administrator a written summary of the investigation within 60 days after the complaint is filed. If, upon review of the complaint,answer(if filed), and investigation,the city administrator determines that a violation of this section has occurred,the city shall,within 30 working days of a finding of noncompliance, issue a notice of corrective action, in writing,to the respondent, specifying all areas of noncompliance and deadlines for resolutions of the identified violations. A copy of the city administrator's notice of corrective action shall be sent to the complainant and the respondent by certified mail, return receipt requested, or by hand delivery. (7) If a respondent fails to comply with any or all of the resolutions for the identified violations,within the deadlines provided in the notice,the city administrator may issue an order, in writing,to the respondent, by certified mail or hand delivery, notifying the respondent to appear at an administrative hearing before one of the city's sitting special masters,to be held at a time to be fixed in such order.A copy of the order shall also be sent to the complainant by certified mail or hand delivery. (8) The city administrator shall also provide a written report to the city commission, informing them of the com report shall include a brief summary of the facts at issue,the results of the city's investigation,and the recoi administrative disposition of the complaint(including any finding of noncompliance and subsequent recom corrective action). (9) The hearing proceedings shall be informal, and shall afford the respondent the right to testify in his/her own defense, present witnesses, be represented by counsel, submit relevant evidence,cross examine witnesses, and object to evidence. (10) The proceedings shall be recorded and minutes kept by the city. Any respondent requiring verbatim minutes forjudicial review may arrange for the services of a court reporter at the expense of the respondent. (11) Upon the close of the hearing,the special master shall render a decision in writing determining whether or not the respondent is in compliance; or whether other action should be taken; or whether the matter should be continued, as the case may be; and stating the reasons and findings of fact. (12) The city shall send a true and correct copy of the order by certified mail, return receipt requested, or by hand delivery,to the respondent and complainant. (13) The special master's findings shall constitute the final administrative action of the city for purposes of judicial review under state law.An aggrieved party, including the city administration, may appeal a final administrative order of a special master to the circuit court. (14) If a respondent fails to seek timely appellate review of an order of the special master, or to comply timely with such order,the city may pursue the enforcement of sanctions set forth in subsection 66-254(c). (c) Private right of action against covered employer. Any covered employee or former covered employee of a covered employer may, instead of, but not in addition to, utilizing the city administrative complaint procedures in subsection 66-254(b), bring an action under federal or state law to enforce the provisions of this section by filing suit against the covered employer in any court of competent jurisdiction. (d) Sanctions against contractors. For violations of this section, a contractor may be sanctioned by requiring the contractor to pay wage restitution at the contractor's expense for the affected covered employees; additionally,the following sanctions may also be imposed: (1) The city or special magistrate may impose damages,for each week that the covered employee was found to have not been paid in accordance with this section;and/or (2) The city may suspend payment under the covered contract and/or terminate the contract with the contractor; and/or (3) The city may declare the contractor ineligible for future service contracts for up to three years or until all restitution has been paid in full to the covered employee and all penalties(if any) paid to the city, whichever is longer; and/or (4) In order to compensate the city for the costs of investigating and remedying the violation,the city may be awarded its reasonable costs for investigating and defending the complaint and remedying the violation. (e) Public record of sanctions.All such sanctions recommended or imposed shall be a matter of public record. (f) Sanctions foraidingand abetting.The sanctions in section 66-254 shall also apply to any party or parties aiding and abetting in any violation of this section. (g) Retaliation and discrimination barred.A covered employer shall not discharge, reduce the compensation of, or otherwise discriminate or take adverse action against any covered employee in retaliation for exercising the rights protected under this section including,without limitation, making a complaint to the city, under this section; or informing any person about any party's alleged noncompliance with this section; or informing any person of his or her potential rights under this section and to assist him/her in asserting such rights. Protections under this subsection (g)shall apply to any person who mistakenly, but in good faith, alleges non- compliance with this section.Taking adverse action against a person within 90 days of the person's exercise of rights protected under this section shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights.Allegations of retaliation or discrimination, if found true,shall result in an order of restitution and reinstatement of a discharged covered employee with back pay to the date of the filing of the complaint with the city. (h) Enforcement powers. If necessary for the enforcement of this section,the special magistrate may issue subpoenas, compel the attendance and testimony of witnesses and production of books, papers, records, and documents relating to payroll records necessary for hearing, investigations, and proceedings. In case of disobedience of the subpoena,the city attorney may apply to a court of competent jurisdiction for an order requiring the attendance and testimony of witnesses and production of books, papers, records,and documents. Said court, in the case of the refusal to obey such subpoena,after notice to the person subpoenaed, and upon finding that the attendance or testimony of such witnesses of the production of such books, papers, records, and documents(as the case may be)is relevant or necessary for such hearings, investigations, or proceedings, may issue an order requiring the attendance or testimony of such witnesses or the production of such documents, and any violation of the court's order may be punishable by the court as contempt thereof. (i) Remedies nonexclusive. No remedy set forth in this section is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the rights under this section in a court of law.This section shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination; provided, however,that if a complainant has previously initiated, or initiates,a civil action in a court of competent jurisdiction alleging a violation of this section, or other matter,with respect to the same grievance which is the subject of an administrative complaint pursuant to this section,then the administrative complaint shall not be(or shall no longer be,as the case may be)within the jurisdiction of the city under the administrative complaint procedures established herein. (Ord. No.4744-17, § 2, 1-29-2018) Sec. 66-255. -Reserved. Sec.26-5.- Rate of wages, fringe benefits on county construction contracts. (a) Establishment of Minimum Wages. Every construction contract in excess of two hundred fifty thousand dollars ($250,000.00)to which Broward County is a party shall include a provision that the rate of wages and fringe benefits, or cash equivalent,for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract shall be not less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work as established by the Federal Register, in Broward County, Florida. (b) Implementation by the Federal Register.The prevailing wage rate and fringe benefit payments to be used in implementation of this section shall be those last published by the U.S. Department of Labor in the Federal Register prior to the date of issuance of specifications by Broward County in connection with its invitation for bids. (c) Notice Requirement. On the date a laborer or mechanic commences work on a construction contract to which this section applies,the contractor shall be required to post a notice in a prominent place at the work site stating the requirements of this section. (d) Preemption by Federal Funding.When construction contracts involve federal funding or are otherwise subject to the provisions of the Davis-Bacon Act(40 U.S.C.276(a)),this section shall not apply; and the minimum wages to be paid the various classes of laborers, mechanics and apprentices shall be based upon the wages determined by the secretary of labor in accordance with the Davis-Bacon Act(40 U.S.C. 276(a)). (e) Exceptions.The provisions of this section shall not apply to any existing contract or construction project in which a notice for bids or request for proposals has been advertised in the public media prior to the effective date of this section or to any developer agreement whereby Broward County is requiring the construction of certain improvements, including but not limited to road construction, as condition of the issuance of a development permit or to any construction project performed by Broward County utilizing its own employees. (Ord. No. 83-72, §§ 1-5, 11-17-83) Editor's note—Ord. No. 83-72,adopted Nov. 17, 1983, effective Nov. 28, 1983,amended this code by the addition of material designated by the editor as§ 26-5. Sec.26-6.-Adverse action against persons for disclosing information of specified nature prohibited; remedy and relief. (1) Legislative Intent. It is the intent of the board of county commissioners to prevent agencies or independent contractors from taking retaliatory action against an employee or applicant for employment who reports to an appropriate agency violations of law on the part of Broward County or its independent contractors that create a substantial and specific danger to the public's health,safety, or welfare. It is further the intent of the board of county commissioners to prevent agencies or independent contractors from taking retaliatory action against any person who discloses information to an appropriate agency alleging improper use of governmental office,gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee. (2) Definitions.As used in this section, unless otherwise specified,the following words or terms shall have the meanings indicated: (a) Agency means Broward County, apolitical subdivision of the State of Florida; any official, officer, department, division, or office of Broward County government; as well as any boards or committees established by the board of county commissioners or the county administrator. (b) Employee means a person who performs services for, and under the control and direction of, or contracts with, Broward County or its independent contractors for wages or other remuneration. (c) Adverse personnel action means the discharge,suspension,transfer, or demotion of any employee or the withholding of bonuses,the reduction in salary or benefits, or any other adverse action taken against an employee within the terms and conditions of employment by an agency or an independent contractor. (d) Independent contractormeans a person, other than an agency, engaged in any business and who enters into a contract with Broward County. (e) Gross mismanagement means a continuous pattern of managerial abuses,wrongful or arbitrary and capricious actions, or fraudulent or criminal conduct which may have a substantial adverse economic impact. (f) Applicant for employment means an applicant for employment with Broward County or its independent contractors. (3) Actions Prohibited. (a) An agency or independent contractor shall not dismiss, discipline, or take any other adverse personnel action against an employee or applicant for employment for disclosing information pursuant to the provisions of this section. (b) An agency or independent contractor shall not take any adverse action that affects the rights or interests of a person in retaliation for the person's disclosure of information under this section. (c) The provisions of this subsection shall not be applicable when an employee or person discloses information known by the employee or person to be false. (4) Nature of Information Disclosed.The information disclosed under this section must include: (a) Any violation or suspected violation of any federal, state, or local law, rule, or regulation committed by an employee or agent of an agency or independent contractor which creates and presents a substantial and specific danger to the public's health, safety, or welfare. (b) Any act or suspected act of gross mismanagement, malfeasance, misfeasance,gross waste of public funds, or gross neglect of duty committed by an employee or agent of an agency or independent contractor. (5) To Whorn Information Disclosed.The information disclosed under this section must be disclosed to the county administrator or his/her designee, pursuant to procedures established by the county administrator. (6) Employees and Persons Protected.This section protects employees and persons who disclose information on their own initiative in a written and signed complaint;who are requested to participate in an investigation, hearing, or other inquiry conducted by any agency or other government entity;who refuse to participate in any adverse action prohibited by this section; or who initiate a complaint through the state's whistle-blower's hotline; or employees who file any written complaint to their supervisory officials or employees who submit a complaint to the chief inspector general in the executive office of the governor,to the employee designated as agency inspector general under§ 11 2.3189(l), F.S., or to the office of the public counsel.The provisions of this section may not be used by a person while he or she is under the care, custody,or control of the state correctional system or, after his or her release from the care, custody, or control of the state correctional system,with respect to circumstances that occurred during any period of incarceration. No remedy or other protection under this section or§§ 112.3187— 112.31895, F.S.applies to any person who has committed or intentionally participated in committing the violation or suspected violation for which protection under this section is being sought. (7) Remedies. (a) The county administrator shall establish a procedure for receipt and investigation of whistle-blower information and complaints of retaliatory adverse action received from members of the public.The procedure shall provide for the prevention of retaliation, and corrective action for any retaliatory adverse action taken by an agency or independent contractor. (b) The county administrator shall establish a procedure for the investigation and review of employee and applicant for employment complaints of unlawful adverse personnel action filed pursuant to this section. The procedure shall include a step for review of complaints by a panel of impartial persons to be designated by the county administrator.The county administrator may designate members of county staff to serve on the review panel if such staff were not personally involved in the case and are not in the relevant chain of command for the parties involved. Upon hearing a complaint,the panel must make findings of fact and conclusions of law for a final decision by the county administrator. (c) Within sixty(60)days after the action prohibited by this section,any employee or applicant for employment protected by this section may file a complaint with the county administrator or his/her designee. (d) The county administrator is authorized to award the following remedies where appropriate to effectuate the intent of this section: (i) Reinstatement of the employee to the same position held before the adverse action was commenced, or to an equivalent position or reasonable front pay as alternative relief. (ii) Reinstatement of the employee's full fringe benefits and seniority rights, as appropriate. (iii) Compensation, if appropriate,for lost wages, benefits,or other lost remuneration caused by the adverse action. (iv) Regarding applicants for employment, any relief deemed by the county administrator to be appropriate under the circumstances. (8) Defenses. It shall be an affirmative defense to any action brought pursuant to this section that the adverse action was predicated upon grounds other than, and would have been taken absent,the employee's or person's exercise of rights protected by this section. (9) Existing Rights.This section does not diminish the rights, privileges,or remedies of an employee or applicant for employment under any other law or rule or under any collective bargaining agreement or employment contract; however,the election of remedies in §447.401, F.S. also applies to whistle-blower actions. (10) Rules and Procedures.The county administrator is authorized to promulgate such rules and procedures necessary to effectuate the intent of this section. (Ord. No. 93-26, § 1, 8-10-93; Ord. No. 95-30,§ 3, 7-11-95) Editor's note—Ord. No. 93-26,adopted Aug. 10, 1993, effective Aug. 27, 1993, amended this chapter by adding provisions designated by the editor as§ 26-6. Sec.26-7.-Cooperative purchase of group benefits. Upon application to and consent by the Board of County Commissioners, any county-related public agency's employees may be included in the county's employee group for purposes of access to the county's employee benefit plan(s). Such inclusion is subject to acceptance by the respective benefit providers.The Board of County Commissioners finds and determines that such participation serves a valid public purpose. Participation in the county's group benefit plan(s)shall be at the sole expense of the respective county-related public agency.The county-related public agency shall be responsible for administration, staffing,and all other related costs and expenses, including plan premiums. (Ord. No. 96-18, § 1, 6-11-96) Sec.26-8.-Apprentices for county construction contracts. (a) Title.This section may be cited as the"Construction Apprenticeship Program" (the "Apprenticeship Program"). (b) Legislative Findings and Intent.There is a shortage of skilled labor for construction projects.This shortage of labor could result in delays, expenses, and other challenges to the County's future construction projects. Apprenticeships create opportunities for training and experience that will assist in ensuring that a trained workforce will be available for future County construction projects. By requiring contactors to use apprentices for County construction contracts, it is the intent of the County to increase the number of apprentices used by contractors, creating opportunities that will enable these apprentices to develop into more skilled labor that will then be available for County construction projects. (Ord. No. 2019-15 , § 1, 5-7-19) Sec.26-9.- Definitions. Apprentice means any person who is enrolled in and participating in an apprenticeship program registered with the Florida Department of Education or the United States Department of Labor. If a registered apprenticeship program does not exist for the type of work on the construction project,then apprentice means any person who is participating in a company- sponsored training program for that type of work. Bidder means any individual,firm, corporation, partnership, company,association,joint venture, or other entity that seeks the award of a construction contract. CBE or County Business Enterprise means an entity certified as a CBE pursuant to the County's Business Opportunity Act of 2012, as amended. Contractor means any individual,firm, corporation, partnership, company, association,joint venture, or other entity that has a construction contract with the County. Construction contractmeans a contract between the County and a contractor for a construction project. Construction project means a project,funded by County dollars in an amount of at least$5,000,000, priced on the basis of a lump sum/fixed price amount,that involves the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any real property owned or under the control of the County,which work is being performed under a construction contract. Good faith efforts means that the contractor,without an intent to defraud or seek an unfair advantage,took all necessary steps to secure and maximize, consistent with the requirements of this article,the required percentage for apprentices on a construction project. Subcontractor means an entity or individual providing services to the County through a contractor for all or any portion of the construction contract. Labor hours means the total hours worked on the site of a construction project by workers who are employed by contractors or subcontractors on the construction project, excluding hours worked by forepersons,superintendents, owners, and workers not subject to the County's rate of wages requirement under Section 26-5, Broward County Code. (Ord. No. 2019-15 , § 2, 5-7-19; Ord. No.2020-23 , § 1, 6-2-20) Sec.26-10.-Apprenticeship Requirements and Exceptions. (a) When responding to a solicitation for a construction project, a bidder must certify that: (1) The bidder or its subcontractors participate in an apprenticeship program that is registered with the Florida Department of Education or the United States Department of Labor; or (2) The bidder commits that at the time the bidder executes a construction contract, it or its subcontractors will be participating in an apprenticeship program that is approved by the Florida Department of Education or the United States Department of Labor; or (3) There are no registered apprenticeship programs for any type of work to be performed on the construction project, but the contractor or its subcontractors will use a person participating in a company-sponsored training program to perform that type of work on the construction project. (b) Prior to the County entering into a construction contract,the County must receive documentation from the bidder verifying compliance with Section 26-10(a). (c) For the duration of the construction contract, as same may be extended including through the issuance of change orders, at least twelve percent(12%)of the labor hours on the construction project, including all work performed pursuant to change orders, must be performed by apprentices employed by the contractor or subcontractors. (d) If the contractor is unable to achieve or maintain the required percentage,the contractor must demonstrate and document the good faith efforts made to achieve or maintain the required percentage.The County will determine whether the contractor made all required good faith efforts by evaluating the contractor's submitted documentation. (e) A construction contract must include a provision requiring the contractor and its subcontractors to comply with the requirements of this article. (f) Exceptions. (1) This article will not apply if: a. It is prohibited by or in conflict with federal or state law or the terms of a federal or state grant applicable to the construction project;or b. The Board of County Commissioners determines that applying the article to the construction project is not in the best interests of the County. (2) This article will not apply to a subcontractor that is a CBE if the compensation to be paid under the applicable subcontract for labor costs is less than $1,000,000. (3) The twelve percent(12%) requirement of labor hours on the construction project that must be performed by apprentices may be reduced by the County Administrator or designee if: a. The contractor has demonstrated to the County that there is an insufficient number of apprentices available to meet the required percentage; or b. The County Administrator or designee determines that there exists a disproportionately high ratio of material costs to labor hours,which makes infeasible the required percentage of apprentice participation; or c. The County Administrator or designee determines that the ratio of apprentice to worker required by Florida law does not make the required percentage feasible. (Ord. No. 2019-15 , § 2, 5-7-19; Ord. No.2020-23 , §2, 6-2-20) Simon, Michael From: Wood, Randy Sent: Monday, May 18, 2020 3:44 PM To: Scott, David;Jay Boggess; mcorbit@careersourcepbc.com; Durgan, John; Simon, Michael; Frederiksen, Mara; Fred Barch; Ruthy Pelaez Subject: RE: Prevailing Wage and Benefits/Apprentice Ordinance - City of Riviera Beach Ordinance Regarding the APPRENTICESHIP PROGRAM is Provided for Your Use & Information. David, In accordance with our discussion, the following City of Riviera Beach's Ordinance regarding the APPRENTICESHIP PROGRAM is provided for your use &information: • DIVISION 4. - APPRENTICESHIP PROGRAM SHARE LINK TO SECTIONPRINT S CTI DO L D (DOC ) OF SECTIONSEMAILS CTI C P VERSIONS • Sec. 16.5-321. - Apprenticeship program requirements. SHARE LINK TO SECTIONPRINT S CTI DO L D (DOC ) OF SECTIONSEMAILS CTI C P VERSIONS It shall be the policy of the City of Riviera Beach that contractors shall be required to comply with the apprenticeship program of the city as follows: (1) On city-funded construction projects which exceed $750,000.00, 20 percent of laborers working specialties for which there are apprentice programs registered with the city shall be apprentices. Such apprentices shall be students in certified State of Florida pre-apprenticeship/apprenticeship programs which are located in the city, and, if such percentage of apprentices of such programs is not located in the city, then such programs may be located in Palm Beach County. (2) A city registered apprenticeship program is one which has registered with the city and provided the required documentation, including but not limited to, proof of certification as an apprenticeship program with the State of Florida and proof of having educational facilities physically locate in the city. (3) Unless the apprenticeship requirement is waived by the city, the failure of the contractor to demonstrate compliance with this requirement shall result in the contractor's bid being deemed nonresponsive. (4) The apprentice requirement may be waived or modified by the city council: a. Upon request of the contractor, if the contractor demonstrates that the required apprentices are not available despite a good faith effort on the contractor's part; or b. i Upon request of the contractor, if the contractor demonstrates that the available apprentices are not sufficient to meet the 20-percent requirement and the contractor commits to utilizing a specific percentage of apprentices demonstrated to be available; or C. If the city determines it is in the best interests of the city to waive such requirement based on potential savings of money and time or grant requirements. (5) The agreed upon percentage and type of apprentices will be included as a requirement of the construction contract. Failure to meet the terms of the apprenticeship requirement may result in the contractor being found in breach of the contract and subject to possible monetary sanctions. Randy Wood,, CPPB Purchasing Manager Financial Services Mailing Address: P,O, Box 310 Boynton Beach, Florida33425 Physical Address: 3301 Quantum Blvd,, Suite 101 Boynton Beach, Florida33426 561-742-6322 N, . r J bb 1,.rrsb.�ynt.�r-br. c:b,org/ ADA3U ** * ** ,N0-2020 Americans with Disabilities .Act Celebrate the ADA! July 26, 2020 Please be advised that Florida has a broad public: records law and all correspondence to me via email may be subject to disclosure,Undr Florida records law, email dd esesare public records, IffirEefore,your e-mail communication and your e-mail address may be subject to public: disclosure, From: Scott, David Sent: Sunday, May 17, 2020 10:57 PM To:Jay Boggess<jay.boggess@pal mbeachschools.org>; mcorbit@careersourcepbc.com; Durgan,John <DurganJ@bbfl.us>; Simon, Michael <SimonM@bbfl.us>; Wood, Randy<WoodJ@bbfl.us>; Frederiksen, Mara <FrederiksenM@bbfl.us>; Fred Barch <fred.barch@palmbeachschools.org>; Ruthy Pelaez <ruthy.pelaez@pal mbeachschools.org> Subject: RE: Prevailing Wage and Benefits/Apprentice Ordinance Thank you Jay. 2 David Scott Director Director of Economic Development and Strategy Mailing Address: P,O, Box 310 1 Boynton Beach, Florida33425 Physical Address: 3301 Quantum Blvd,, Suite 101 Boynton Beach, Florida33426 561-742-6023 5c:c ttD@bbfl,us boynton-be ch org/ IM ADA %I %i Americans with Disabilities Act Celebrate the ADA! July 26, 2020 Please be advised that Florida has a broad public: records law and all correspondence to me via email may be subject to disclosure,Undr Florida records law, email dd esesare public records, Iffierefore, your e-mail communication and your e-mail address may be subject to public: disclosure, From:Jay Boggess<lav.boggess@palm beachschools.org> Sent: Sunday, May 17, 2020 2:37 PM To: mcorbit@careersourcepbc.com; Scott, David <ScottD@bbfl.us>; Durgan,John <DurganJ@bbfl.us>; Simon, Michael <SimonM@bbfl.us>; Wood, Randy<WoodJ@bbfl.us>; Frederiksen, Mara <FrederiksenM@bbfl.us>; Fred Barch <fred.barch@palm beachschools.org>; Ruthy Pelaez <ruthy.pelaez@pal mbeachschools.org> Subject: Prevailing Wage and Benefits/Apprentice Ordinance Hey All! I'm inviting our Director of Adult Ed to be apart of this call tomorrow. Unfortunately, I'm double booked. Appreciate the invite and look forward to next steps. Be well! Prevailing Wage and Benefits/Apprentice Ordinance Scheduled: Monday, May 18, 2020 from 3:00 PM to 4:00 PM Location: https:/Zus02web.zoom.us/i/82883078729?pwd=bWJuZWx5akdJbWdEY*I4SGx6QIRtQT09 Invitees: Michael Corbit, Scott, David, Durgan,John, Simon, Michael, Wood, Randy, Frederiksen, Mara J.Boggess Disclaimer: Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 3 CEI Cha AN ORDIN, .'% ICE OF THE BOARD OF COUNTY C01\41L'vIISSIONERS OF ST. LUCIE COUNTY, FLOIUDA, AiAENDMG PART 1, CHAPTER 2, DIVISION 3. DESIGN- BUILD CONTRACTS. BY AMENDING DTVI ION 3, DESIGN- BUILD CON"] RACTS. TO PROVIDE FOR RESPONSIBLE WAGES AND BENEFITS: PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF PART 1, CHAI)TER 2, DIVISION 3). DESIGN-BUILD CONTRACTS. SHALL REMAIN THE SAME AS PREVIOUSLY ENACTED; PROVIDING ®y CONFLICTS CLAUSE; A SEVERABILITY CLAUSE tIND AUTI-ORIT"17 T(", CODIFY: PI ,_'e ANI EFF'i""CTIVE DATE, AN FOR OTI-4 LJ PTJPXP0SFS WHEREAS, the Board of County Commissioners wishes to avoid wage explonatioli in public construction contracts awarded by end through the County; and WHEREAS. public contracts typically ,0 tO the lowest bidder and the Board of County Ccnnmissioners wishes to avoid awardim, contracts to contractors that pay substandard wages in ,cr to be awhreed public contracts; and WMLREAS, prevailing wage standards are established by actual wages paid in the local community and anyone awarded a public coran-tet shoal d be required to pay rhes prevailin- mea ges: and 1,,VHEREAS, contractor-s that patio substancard wages are mcwe likely to hu-,e w zr and poorl% trained workers, often Goming lt%)m outsid,. th-, iocal coinm�mit,r' and WHEREAS, the Board nf' County Commissioners wishes to preserve the standard living enjoyed by lie Citi7ens of St. 1,..ucieCoui.--y, ane, '��'H ETIR-EAS the Board of County Cumm, is';onere w",shes to encouraw. the de,el opmert f a i6n-skill® hi- h-wage -ro-,r4th -,ath for the labor rnaa � -;�Lt in generai end the c nstn.rcti .a labor market i„ particular; NOW. THEREFORE. BE IT ORDAINED BY ITIE BOARD OF COU�JTY COMMISSIONERS OF ST. U I OUTNI fY, FLO I . , `THAT: Section : Part 1, Chapter `?, Division 3. esi a- arild Contracts is h rcb} amended b,,, creating adding Section 1-2-51. Responsible Wages and Benefits, and enacting it to read as follows: Section 1-2-51 s t s°ble Wages and Benefits (a) For competitively bid County contracts in excess of one hundred thousand dollars (S100.000,00) for the construction, alteration, andior repair, including painting or decorating, of public buildings or public works, a bidder shall be required to provide documented past in its bid that the various classes of laborers and mechanics will b paid no less than the specified overall hourly rates as set forth in the contract specifications contained in the design criteria package. MI leases and contracts entered into after the effective date of this ordinance which provide for privately funded ckins ruction. alteration or reonir of b,dldings or impiovements located on CCounty$ r�raed land whose estimated cost is Qreater than or equal to one million dollars (S1,000.000.00) shall require laborers and mechanics performing such `pork be paid no less than the overall Dourly rate:, required on competitively bid County construction contracts under this Section, fib) 1`1gc spedfic ti its c rrtaa,rrod in tiro desipugr C"Crla package for each c mpetiti ely bid ounr v contract in excess of one lura-fired thousand bell s .($1.00,000. 0) for the a anstrarcti n. alteration a &, G repair, including painting or decaratine, of pull lie buildings r public aorks s" :A specify n initial ver,.11 per hout rate to be paid to each craft or 2 t}pe of employee to per lbrni the contract work as listed in local area nondiscriminatory negotiateLi ,--ontracts (,hercinafter referred EO for purposes of this subsection (b) as "negotiated contracts") between organizations which represent employees and contractors, "n ascerlaining the initial overall per hour rate to be paid. the minimum standard shall be the Lo=ined overall iollar value on an hourly basis of the wages (paid as set forth below) and of the hospital ization, medical, pension and life insurance benefits (paid as s forth below) for such craft or type of employee under . negotiated contracts in effect as of January I st of the calendar year in which said proposal bid is expected to be advertised. or, in the case of a lease or contract providing for Priv' Lely funded construction on County-owned land subject to this Section, under the nego,iated contracts in effect as of January Ist of the calendar year in which said proposed lease or contract is expected to be executed. Thereafter, the specifications shall provide that the ove,all per hour rate to be paid for work performed under the contract during each subsequent calendar year shall be the overall per hour rate in effect as of Janu�..jry Ist of the year in which the work is per fornleo If a particular craft oi- type of Lmp!,,Noe is not lisled i4_ such negotiated contracts. in ascertaining the initial o�crall per hour rate to be paid those employees. the minimum standard shall he the combined overall dollar value on an hourly basis of the "basic hourly rate of pay" (as defined in 29 k"FR 5.24) (paid as set forth below) and of the fringe benefits payments (paid as set forth belo,ix) for hospitalization, medical prui�sie-i inn, life insurance, benefits for sucii craft or r, oe of employee under tht Secretary of Laoor'b wage determination (made pUrsua:;tt to the Di,ovisions of the Davis-Bacon ct) in cl'fect for St. 1_116C County, Florida, as of the end of the calendar year m which the proposed bid is exp` jted to be advenised. Fhe ft to Pain and the nrovi:-.ions of Section 1-2-51(c) no.twith-tanding. where iot oherwioe precluded by state or federal lra&,a the overall pel hour rate shall be the higher rate t.arider this Section. I-2m51 or the rate of ti s.ges to be paid under the re uir me ,ts of the Davis- Bacon Act, provided, F<attltea, that rite overall per hour rate shall not the higher rat if the -federal government requires the County as a condition of receiving federal fiends fbr a project to pay no more than the wa. es as determined by the U.S. Department of Labor under the Davis-Beacon acct on project contracts. The specifications for such contracts as contained in the design criteria package shall. (i) Include a surra certain in dollars and rents as an initial overall per lour rate for each craft or type of employee to be paid for �\ork performed during the period commencing can the date of is u c of rile notice to proceed and continuing through the calendar year (or. in the case of a lease or contract providing tcar privately funded construction on County-owned land subject to this Section. ending the last day of the calendar year in which the lease or cuntj°act was executed). The specifications shall further provide that the overall per hour rate to e paid for work performed during the year period commencing the nest ai I st after the date of issuance of the notice to pro eed (or, in the case of a 'etase or contract providing for privately Funded construction onCounty-owned laaad subject to 'leis Section er the date of execution of such lease or contract) shall be such rate (as determined in accordance with subsection (b) above) a'or Haat calendar year and shall be updated thereaiter on each subsequent Jam,:Ly° !'St to the rate (as determined in acci-wdance with subsection b) -above) for thz gym,,3.a ra calendar yea) until cornpletioia of the contract work; and t ii} :�I dais the contractor to whom the contract is awardod, and an a itti P subcontrac,irs performing ani of the contract %,o k9 pay ~ot ess an the spec f ,_,d 9 overall per hour rate a( JJUSted over the terrrt of the contract as provided i subsubsection (i); and ;,,:iii) Provide that the contractor. and any of its subcontractors, may fulfill the obli-labors to pay such specified ove all per hour rate by payment to the employee of the hourly wage ra;:r listed in the negotiate,.,% contracts (car, if applicable, under SU su section (i) above, the "basic hourly rate of pay" as defined in 29 CFR 5,24 contained its the Secretary of Labor's wage determination) for such craft or type of employee plus either: fi) payment on the employee's behalf of the cost (ori an hourly basis) of the hospitalization. medical, pension and life insurance benefits specified for such craft or type o °employee; or, (ii) payment to the employee (in addition to the listed hourly wage rate, or "basic hourly rate of pay if applicable) of an amount equal to the hospitalization, medical, pension and life insurance benefits (on an hourly basis) contractors are required to provide under the negotiated contracts E ar, if applicable. under subsubsection (i) above, an amount equal to the fringe benefit payments on an hourly basis for hospitalization, medical, pension and life insutance benefits -o tamed in the Secretary of Labor's -,va e determination) for such craft or type of employee. Payments to es ployces shall be counted towards tulfillment of the above obligation only to the extent that such payments are made by check or money order; and (iv) Provide that the contractor, and -acsubcontractor under him, shall past in a conspicuouz, place, on the site -wheie such contract work is performed: (1) the schedule of the specified o° erall per hour rate for each applicable ciasZaticatio specified by such ne!-otiated contracts; (?) the amount of liquidated damages for an- failure to pEv,, zzucli �,ace-,. and (3) the name and address of t to responsible official in St. Lucie Cc, ire` towh(--mcompJairor houldbegi,,cnand (v) Provide that there -a, be -,valihe'A tot a the contractor so mLt(.h of accrued payments as may be considered nece, -arN by the contracting officer to p,,y to- employees employed by the contractor (or any subcontra Aor under hire in the performance of the contract work the difference between the overall per hour rate required by the contract to be paid emploNces on the work and the amounts received by such employees and not refunded to the contractor. and any of its subcontractors or their age-ts: and (N i) Require the contractor and e,ich subcontractor under him to keep. or cause to be kept, accurate written records signed under oath as true and correct showing ffic names, Social Security numbers, and craft classifications of all employees p erforinin work on said contract. the hours and fractions of hours for every type of work performed by each employee. the combined dollar value of all wages, any contributions to benefit plans and payments made to each employee of the overall per hour rate required by this Section and further require the contractor to submit to the County a list of all subcontni ,tors and the names mid Social -ecurity numbers of all employees 'hereof who performed work each day on the contract and further require each subcontractor to also submit to the County a list of' the names and Social Security number:-i of its employees who perforriieu work each day on the contract; and VIO Provide that no -.ontractor (or subcon tractor Linder him) mav terrninate an employee pci brrningr work- on the contract because of the employee's filing rt c,"molaint r--,-ardim povirient of required oven,11 per hear rates. i) R.c,,qnizinl" the irnportancle of apprentic-s and trainees in -he develo,merit of skilled worker the . p?ecificzui =rrs for Errrat contracts as conrairt d in the desierr criteriapackage sh ill require that all contractors will comply with the apprentice program approved by the County Administrator and in place at the time the design criteria package is put .prat for bi& The apprenticeship program shall include ratios of skilled workers to apprentices and rates of pay for apprentices determined in a mariner consistent with subsection (b) above. The apprenticeship program approved by the County Administrator shall be a bona tide program registered with the U.S, epartrrr at of Labor or with a State of Florida apprenticeship agency certified by the United Stags Bureau of Apprenticeship and Training. .Each contractor awarded a County contract covered by these parts shall, not less than u rl . provide the total number individuals in the contractor's apprenticeship program who are part of the workforce under the t contract. Compliance with the apt. -eatic ship program shall be monitored a7,d regulated as provided in subsection (d) below. i St, Lucie County shall p riodica�:y examine the records grtir d to be '�;apt reader subsection (vi) of!,absection (b) cel u-, -ccuon. _I l-h Administrator dministrat r shall establish ars administrative pr()C',:J ' ure for monitor€rw compliance with and enforcement of the requirements of this S ct7lon. Such procedure shall provide rnat: ('s) Investigations of c rrrpliara,,�,- with the requirements of this S cticil may b conducted and written mortices issued t,, a contractor (or subcontractor under the contractor) when it is determined. based on such ii estigation, that the contractor (car subcontractor)has not o plied herewith-, with-, (ii) The cc rtrac.to, r iubcairacAor respond in 'o lie co.ic , 7 noncompliance.- (iii) Based on the response, (he notic;� of noncompliance may be re=scinded Compliance Meeting ina,,,. be conductA -,Nith the aifected cz')ntrael-'& subcontractor at which any additional evid--,nce may be presented; (iv) A written compliance determination shall :,a made following any Compliance Meetina. A determination drat the contractor or ubcontractor has no complied with the requirements of this Section shall state the basis therefore and shall advise the contractor or subcontractor of its right to file a written request with the Countv Administrator v6dim 30 calendar days to schedule an idininn,trative hearinl- before a hearing officer to appeal the determination as provided below; 1-5 and (v) A ck)ntractor or subcontractor who fails to respond to a notice of noncompliance, fails to attend a Compliance Meeting, or who does not timely request -m administrative hearing from an adverse compliance deten-nination macle after a Compliance Weting shall be deemed not to have complied with the requirements of this ordinwice as stated in the notice or determination oftion-compliance and, in the ca-3c of underpkyrnent of the required overall per hour rate, an zimount. sufficient to pay any underpayment shall be withheld from contract proceeds and remitted to the employee and the contractor or subcontractor shall b, tined 'Ie applicAile penalty for such underpayment as provided in this subsectiol (d), fft' contractor or subcontractor who does nui make the required pr,yrnenr cel` the inderpaid wages or who does not pay any fine imposed hereunde, shall or be deemed responsible to perfierni subsequent County constrLvion contracts arra shall be ineligible ,(', be '-w-arded uch contracts fc. so ions, a. the Id,,,,r-fr,-d unLerpavrn,nt oL, aw. penah!�S imposed tberefor remain out-tariding, not -Lo eXLeed three years. Upon timely receipt a request for an administrative hearing before a hearing OfflLer to appeal a determination of non-compliance. the County Administrator shall appoint a hearing officer and fix a time for an administrath a hearing flicreon. A notice of hearing (to-ether with a copy of the determ:nation of non-compliance) shall be served upon the contractor (or subcontractor). Upon completion of the hearing, the hearing officer shall submit proposed written findings and recommendations together with a transcript of the .hearing to the Counter ministrator within a reasonable time. The County Administrator shall determine whether the contractor (or subcontractor) failed to comply with the requirements of this ordinance. If the Administrator's determination is that the contractor (or subcontractor) failed to comply, and that such failure was pervasive, the Administrator may order that the contract work be suspended or terminated, and that the noncomplying contractor (or subcontractor) and the principal owners thereof be prohibited from bidding on or otherwisepaiticip�.aing in County contracts fol the construction, alteration an&or repair, inc',uding painting or decorating of public buildings or public works for a period of up to three (3) _%,ears, In addition, in the case OL underpayment of the required overall per hour ratL', an amount sufficient to pay any underpayment shall be withheld from contract proceeds and remitted to the affected employees and the contractor or subcontractor shall be fined the penalties provided below. If the Administrator's deteirn.,'Tation is that the contractor or subcontractor) failed to cornpi'v and that such failure was limitcd to isolated instances-and was not pervasive. the Cohan t:,, Administrator may. in the cas,,,- of under payrnmt of the required overall per 1,our rate. orale: an ,anount equal to th an-iount of' ,_:,,_ich ur-,d4crpaym;mt �)C WiThhe.LI fru-1-1 9 th�� contract. � and remitted to the ei plc;;>yee9 and mly° also fire she cont actor or stabnontrai or for n'Llch nonco pF ce as i-ol:lo : for the first underpayment, a penalty in -,n amount squad to 10% of the amount c:hereof, for the secured underpayment, a penalty in an amount equal to 20% thereof. foi-the third ted successive under payment-s, a penalty in ,In amount equal to '3(l�'�'� thereof, founh violation, shall constitute a default c f the subject contract and may be cause for suspension or termination in accordance with the contract's terms and debarnient in accordance with the debarment procedures of the County. Monies received from payment of penalties unposed hereunder shall be deposited in a separate account and shall be utilized solely to defray theCounty's costs of administering this ordinance. If the required payment is not made within a reasonable perked of time, the noncomplying contractor (orsubcontractor) and the principal owners thereof shall be prohibited from bidding can or otherwise participating in County contracts for the construction, alteratiOn, and/or repair, including painting or decorating of ub4i-. buildings or public work for a period of three ( ) years, ( This section shall not apply to County contracts for cc instruction or alteration which are federally funded or which are otherwise stab] ct to the provisions o the Davis-Bacon .pct ( 0 U.S.C. 276(a)), 1 This section shall not apply to any contract for which authority to advertise ti)r bias has been m btained prior to the effective date of this section ice) his ordinance shall not apply to hlaan et contracts designed to consolidate , indeterminate nul ib r of individual zrna l � construction. repair or alteration autir itie tkhich may be needed over a fixed period of time, provided the overall contract ceiling does tict exceed d fisc hundred L°aousand dollars `50 ,000.00) and further proIded that no individual order: 'i'ssue,' such ccintta=; L sha l -�,cebd t4'Jont—five `haus 1 ) doll rs ($25,000.00) per craft, (h) As used in he construction of this section, references to the masculine shall include the feminine and neuter and references to the singular shall ii,Jtxde the plural d r=ice-w-rsa. (i) 1;seniption for certain p iv tely funded construction. "T"l�s Section shall not appy to leases and contracts entered into after the effective date of this ordinance which provide for privately funded construction. alteration or repair of buildings or improvements located onCounty-owned land whose estimated cast is greater than or equal to one million dollars ($1,000,000.00) which are financed: (i) Solely through private sources, without one dollar 11.01) or more of financi°j provided through any federal, state, county or local governmental entity or bond sources or similar type of bond funding; or (ii) by entities which meet all o ' ree (3) of the following conditions; exemption from "e eral Income Taxes un&r section 501(c)(3). trot-for-profit, and community-based. FIRST READING this day of , . SECOND AND FINAL READING this dad° of 2007. 12/06/01 PORT OF PALM BEACH DISTRICT RESPONSIBLE WAGES AND BENEFITS POLICY Section 1. Title: The title of this policy shall be known as the Port of Palm Beach District Policy for Responsible Wages and Benefits. Nothing herein shall be deemed to abrogate the Port of Palm Beach District Minority/Women Business Enterprise policy. Section 2. Covered Contracts: For purposes of the Port of Palm Beach District Policy for Responsible Wages and Benefits, the types of construction contracts to be covered ("Covered Contract") shall include only contracts in excess of One Hundred Thousand Dollars ($100,000.00) for Highway Construction Projects, Building Construction Projects, and Heavy Construction Projects. For purposes of this Policy, the term Highway Construction Projects shall mean the construction, alteration or repairs of roads, streets, highways, runways, taxiways, alleys, trails, paths, parking areas, and other similar projects not incidental to building or Heavy Construction Proj ects. For purposes of this Policy, the term Building Construction Projects shall mean the construction of sheltered enclosures with walk-in access or for the purpose of housing persons, machinery, equipment or supplies, and shall include all construction of such structures, the installation of utilities and the installation of equipment both above and below grade directly incident thereto. For purposes of this Policy, Heavy Construction Projects are those projects that are not properly classified as either Highway Construction Projects or Building Construction Projects, and shall specifically exclude dredging projects, water and sewer line projects, dams, piers, wharves, bulkheads, bridges, and flood control projects. Section 3. Wages and Benefits Schedules: With respect to each Covered Contract, the contractor, shall agree to provide documented proof that the various classes of laborers, mechanics and apprentices will be paid no less than the specified overall hourly rates as set forth in the Responsible Wages and Benefits Schedules as approved by the Port of Palm Beach District for the Covered Contract at the time that the contract is put out for bid, and said Schedules shall be incorporated into the General Conditions of the Port of Palm Beach District documents used for the competitive bid of construction projects for Covered Contracts. By submitting a bid pursuant to these General Conditions, a bidder is agreeing to comply with the provisions of the Port of Palm Beach District Policy for Responsible Wages and Benefits Schedules. The Responsible Wages and Benefit Schedules shall establish an overall per hour rate to be paid, as a minimum, to each craft or type of employee. In ascertaining the rate paid, the minimum standard shall be the combined overall dollar value on an hourly basis of the wages and of the hospitalization, medical, pension and life insurance benefits for each such classification of employee; provided,however, that said calculation shall not include any amounts paid by the employer to a pension or profit-sharing plan, 401k plan or other retirement plan to the extent that the employer can borrow against such funds, or if, pursuant to such retirement plan, such plan can invest in stock of the employer. The initial Responsible Wages and Benefits Schedules shall be established at the time that the Board of Port Commissioners first puts out a Covered Contract for bid, and shall remain in force until new Schedules are approved by the Board of Port Commissioners. It is anticipated that the rates established in the Responsible Wages and Benefits Schedules will be based on local area non-discriminatory negotiated contracts between organizations that represent employees and contractors, but said rate shall never be less than the "Prevailing Wages and Benefits" as determined under the Davis-Bacon Act for Palm Beach County. The Port of Palm Beach District shall post, at the offices of the Port of Palm Beach District, the Responsible Wages and Benefits Schedules currently in force with respect to any projects then being prosecuted. Each contractor and subcontractor shall post the Responsible Wages and Benefits Schedules in a prominent and accessible location in close proximity to the where the work is being prosecuted such that it can be easily seen by employees. Section 4. Apprentices and Trainees: Recognizing the importance of apprentices and trainees in the development of skilled workers, with respect to each Covered Contract, the contractor shall agree to provide documented proof that the contractor will comply with the apprentice program ("Apprentice Program") as approved by the Port of Palm Beach District for the Covered Contract at the time that the contract is put out for bid, which apprentice program shall include ratios of skilled workers to apprentices and rates of pay (which ratios and rates of pay may be included as a part of the Wages and Benefit Schedules) and said Apprentice Program shall be incorporated into the General Conditions of the Port of Palm Beach District documents used for the competitive bid of construction projects for Covered cts® Consistent with the goals of Article VIH, c ® 16 of the Charter of the Port of Palm Beach District to promote and encourage employment with the District, all such Apprentice Programs shall provide for a recruitment program within the Port of Palm Beach District, and endeavor to recruit individuals such that a minimum of twenty (20%) per cent of the apprentice workforce employed under the Covered Contract are women, blacks,Hispanics, Portuguese,Asian/American or Native American/Alaskans,or handicapped individuals. The Apprentice Program initially approved by the Board of Port Commissioners shall be any bona-fide program registered with U.S. Department of Labor or with a State of Florida apprenticeship agency certified by the United States Bureau of Apprenticeship and Training, as modified by the provisions of the preceding sentence. By submitting a bid pursuant to these General Conditions, a bidder is agreeing to comply with the provisions of the Port of Palm Beach District Policy Apprentice Program. Each contractor under a Covered Contract is report to the Port of Palm Beach District not less frequently than quarterly providing the following information: a) the total number of individuals in the contractors Apprentice Program who are a part of the workforce under the Covered Contract, b) the percentages of women, blacks, Hispanics, Portuguese, Asian/American or Native American/Alaskans, and handicapped individuals participating in the Apprentice Program who are a part of the workforce under the Covered Contract, c) the names, social security numbers and addresses of the individuals included in (b), above. Section 5. Enforcement: Each contractor under a Covered Contract agrees that he shall be subject to It in a court having jurisdiction, by any employee who has been paid less than the amounts established for his classification under the Wages and Benefits Schedule. Damages recoverable in such action shall be an amount equal to three times the difference between the amounts actually paid, and the minimum amounts due under the Responsible Wages and Benefits Schedules ("Underpayments") plus attorneys fees and costs with said amounts only to be recoverable from and after fifteen (15) days following the date that the employee first gave written notice to the contractor of the Underpayment ("Consideration Period"). Such written notice ("'Notice") shall include a brief description of the said complaint/violation, the dollar amount that the contractor or subcontractor may be liable for in back wages, and the required corrective action(s) to be taken, and a copy of such Notice shall be furnished to the contractor and the Port of Palm Beach District, in both cases, by Certified Mail. To the foregoing limited extent, such employee shall be a third party beneficiary of the contract between the contractor and the Port of Palm Beach District. The provisions of this paragraph shall not apply to an employee who is covered under a collective bargaining agreement. A,ny party making the Port of Palm Beach District a party to any such action, nominally or otherwise, shall be responsible for all of the District's attorneys fees and costs in connection with same, as a condition to bringing the Port of Palm Beach District into the action, and, if required by the Port of Palm Beach District, shall be required to post a cash bond with the Clerk of the Court in the amount of$5,000.00 as security for same. Further, in order to preserve the rights of the affected workers under the policy, the Port of Palm Beach District may, but shall not be required to, withhold or cause to be withheld from the contractor's payments the amounts considered necessary to pay the employees Underpayments, as set forth in a sworn statement filed with the Port of Palm Beach District by the Employee. As to any Underpayments paid to an employee after the Consideration Period, the contractor shall pay the sum of One Thousand Five Hundred Dollars ) t the Port of Palm Beach District, as liquidated damages for violation of the Responsible Wages and Benefits Policy and to reimburse the Port of Palm Beach District for administrative costs, in the event that the amount of such Underpayments to such employee exceed $500.00. The provisions of this paragraph shall not apply to an employee who is covered under a collective bargaining agreement. In order to insure compliance with the Responsible Wages and Benefits Policy, each contractor and subcontractor under a Covered Contract shall furnish to the Port of Palm Beach District, not less frequently than quarterly, a copy of their payroll records, including job classifications, certified as true and correct by an officer of the contractor or subcontractor, as applicable. Such records shall reflect the name, classification, social security number, number of hours worked daily and weekly, the determined hourly rate. Each contractor under a Covered Contractor shall be responsible for compliance by any subcontractor or lower subcontractor as set forth in this pAli cy. Each contractor and subcontractor under a Covered Contract shall include a provision in every subcontract (except contracts excluded under Section 6) requiring compliance with the Responsible Wages and Benefits Policy. No contractor or subcontractor under a Covered Contract shall terminate an employee for filing a complaint or claim regarding non- compliance with this Responsible Wages and Benefits Policy. Section 6. Exclusions: This policy shall not apply: (1) To any construction contract for which authority to advertise for bids has been obtained prior to the effective date of the policy. (2) To subcontracts of subcontractors who qualify as a Minority[Women Business Enterprise, up to an aggregate limit of such subcontracts of twenty (20%)percent of the total face value of the contract to be awarded. This is not intended limit on Minority/WomenEnterprise 1 1 t simply such t qualify for exclusion compliance i 1 Policy. Any such subcontracts intended to qualifythe exclusionll bear notations thereont they are so intended, sc t theyctit this exclusion. t i Business Enterprise"', in general, means that not less than fifty-one( 1 )percent of the beneficial and working interestin the Company must be owned by either women, blacks, Hispanics, Asian/American i American/Alaskans, or handicapped individuals. i t limitation of the fcar i I s certified as Minority/Women Business Enterprises by the Palm Beach County Intergovernmental Certification Consortium("'ICC"),the federal Florida,the State of r county of the Stateshall li Business Enterprise. (3) To any construction projects undertaken by tenants and users of the Port of Palm Beach r their own use. (4) To any contracts r construction, alteration, r repair which are subject provisionsto the s- . construction,(5) To any contracts designed to consolidate a number of individual smaller repair or alternation activities whichr fixed period of time not in excess of twelve months, r as add-onst exempt.contracts which are otherwise prohibited(6) Where t in connection with which the contract is issued. (7) To any contract issued in connectiont undertaken jointly with another governmental project is, or could be, shared with such other governmental entity,unless entitysuch and the foregoing shall specifically include t projects pursuant to that certain Interlocal tinto between and amongst ("County"), the CityRiviera Beach ("City") the Port of Palm Beacht concerning Street and other roadway improvements, dated April 17, (8) If prohibited by law. Section 7. Lftnitations-, Nothing herein shall be deemed to subject the Port of Palm Beach District to the provisions of Chapter 120, Florida Statutes. No third party is intended as a beneficiary of the provisions of this Policy, and except as may be provided under "Enforcement", no third party shall have the right to enforce the provisions hereof, except the Port of Palm Beach District, CAMy DoctunentsTORnWagesToficy.5 wpd People often use one of three terms when discussing wages. minimum wage, prevailing wage, and living wage. is the difference? 1. Minimum Wage Minimum wage is the most widely recognized term in the realm of employee compensation. It is the lowest allowable rate of pay at which an employee may sell their work. The concept of minimum wage was developed in the early twentieth century to prevent unethical employer practices like sweatshops where the wage was disproportionately low compared to the work. Although New Zealand was the first country to legislate a national minimum wage, 196 other countries and territories have set minimum wages for employees. In addition to the minimum wage mandated by the United States federal government, 45 states have their own minimum wage rates —some of which exceed the federal rate. Employees in the U.S. often wonder which minimum wage applies to them, the state or the federal. According to the U.S. Department of Labor, an employee is entitled to the higher of the two minimum wages. 2. Prevailing Wage Prevailing wage typically refers to the rate of pay that contractors and vendors must offer their employees when doing business with a government agency. For example, the City of Los Angeles requires contractors engaged in public works contracts (road construction, for instance) with the City to pay their workers a base level determined by the State of California's Department of Industrial Relations. A prevailing wage requirement reduces the ability of vendors to "low ball" their proposed costs for government contracts to the detriment of their workers. One of the key components to the development of the modern Prevailing Wage was the Davis-Bacon Act of 1931, a federal law which mandated that all laborers, contractors and subcontractors be paid a Prevailing Wage for all public works projects in excess of$2,000. 3. Living Wage Living Wage is the lowest wage at which subsistence needs can be met by an employee. Because the needs of each employee differ based on marital status, number of children, debt, and other cost-of-living considerations, the term living wage often pushes many hot-button political issues. Living wage can include general benefits such as health and dental care, and overtime pay. Legislation and policy conversations surrounding the increase of minimum wage quite often intersect with those of living wage. Proponents of a higher federal minimum wage, for example, argue an increase would help the "working poor' achieve a living wage and reduce the number of full-time workers who rely on government assistance. Although the terms living wage and minimum wage are often used interchangeably, they remain different from one another. One key difference is that minimum wage is mandated and enforced by legislation whereas living wage is not. 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: October 13, 2020 OLD BUSINESS AGENDAITEM: 14.13. SUBJECT: Discussion and Consideration of a Purchase and Sale Agreement for the Property located at 407 NE 1 st Street SUMMARY: At their September 8, 2020 meeting, the CRA Board approved the purchase of the property located at 407 NE 1 st Street (see Attachment 1). The CRA Board agreed to purchase the property for the appraised value of $268,000 (see Attachment 11). The two story wood framed structure built on the property is of a considerable age and not recommended for residential renovation or reuse as affordable housing. The highest and best use for the property would be as a future residential redevelopment project. CRA staff contacted the owner, Mr. Louis Kalliantas, to notify him of the Board's decision and to discuss the terms of the Purchase and Sale Agreement. One of the terms presented to CRA staff by Mr. Kalliantas was his desire to close on the property in thirty (30) days but to remain in the home under a Lease Agreement for a period not to exceed forty-five (45) days. Based on the limited terms discussed, CRA staff and legal counsel prepared a draft Purchase and Sale Agreement and submitted it to Mr. Kalliantas for his review and execution (see Attachment 111). Key terms of the Purchase and Sale Agreement are as follows: Sales Price: $268,000 Closing: 30 days from the Effective Date Post Occupancy 45 days from the Closing Date subject to terms and conditions of a Lease Term: Agreement Deposit for $5,000 to be released at the end of the lease term Post Occupancy: FISCAL IMPACT: FY 2020-2021 Budget Project Fund, Capital Outlay, Property Purchases, Line Item #02-58002- 401; $268,000 and associated closing costs. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the Purchase and Sale Agreement for the Property located at 407 NE 1 st Street in the amount of $268,000. 2. Do not approve the Purchase and Sale Agreement for the Property located at 407 NE 1 st Street in the amount of$268,000. 3. To be determined based on the CRA Board's discussion and direction. ATTACHMENTS: Description D Attachment I - Location Map 407 NE 1 st Street D Attachment II -Appraisal Report -407 NE 1st Street D Attachment III - Purchase & Sale Agreement • iS iS,�Z=3N � ,,.... _ _ J F � k �t �� 9E,1 •'lslitttii s 13k ��;�-, \—_ id��!rsf atxo _S!,�\� t — - .. �.`' ��a•\�t�'4•� I tit �d (1S}. I r +� f u , L b t � r a w s �r - - a II, z � < z APPRAISAL REPORT MULTI-FAMILY PROPERTY 407 NE. I"Street BOYNTON BEACH,FLORIDA 33435 by Vance Real Estate Service 7481 Northwest Fourth Street Plantation,Florida 33317-2204 for Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 July 18, 2020 sf, i r E Vance Real Estate Service {3(1 U July 18, 2020 41 h Boynton Beach Community Redevelopment Agency ,`�sf, 710 North Federal Highway — Boynton Beach, FL 33435 i RE: Multi-family property 407 NE. 1 st Street, Boynton Beach, FL 33435 (Legal description is in the report) Ladies and Gentlemen: In fulfillment of our agreement, we transmit our Appraisal Report, in which we develop an opinion of market value for the fee simple estate in the referenced real property as of July 18, 2020. The report sets forth our value conclusion, along with data and reasoning supporting our value opinion. This report was prepared for and our professional fee billed to Boynton Beach Community Redevelopment Agency. Our analyses have been prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP 2020-2021). This report is for exclusive use of the client for possible acquisition of the appraised property. ! Jesse B. Vance, Jr. and Claudia Vance visited the property. If you have questions or further needs, please contact the undersigned. As a result of our analyses, we have developed the following opinion of market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report. TWO HUNDRED SIXTY-EIGHT THOUSAND DOLLARS 268 000 (THIS LETTER MUST REMAINATTACHED TO THE REPORT WTHEIGHTY--FIVE(85)NUMBERED PAGES FOR THE VALUE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser RZ-85 Claudia Vance, MAI State-Certified General Real Estate Appraiser RZ-173 MBA in REAL ESTATE DEVELOPMENT&MANAGEMENT 7481 Northwest 41h Street,Plantation,FL 33317-2204 954/583-2116 -- TABLE OF CONTENTS Pate Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION 4 P otograp s o t e Subject ect Property 5 Subject.Building Perimeter Sketches & Data 9 1-3-5 Mile Location Map 12 1-3-5 Mile Demographic Statistics 13 Summary of Important Facts and Conclusions 15 DESCRIPTIONS ANALYSES & CONCLUSIONS 17 I entity of Client and Intended User 18 Intended Use 18 Identification of Real Estate Appraised 18 Ownership 18 Property Address 18 Legal Description 18 Real Estate Tax Analysis 19 Market Area Description 19 Zoning 24 Site Description 24 Improvement Description 24 Real Property Interest Appraised 24 Appraisal Purpose and Definition of Market Value 25 Effective Dates of the Appraisal and Report 26 Scope of the Work 26 Summary of Information Considered 27 Property History 27 Highest and Best Use 28 SALES COMPARISON APPROACH 29 Improved Sales es map 30 Improved Sales documentation 31 Improved Sales Comparison & Adjustment Chart 56 Valuation by the Sales Comparison Approach 57 FINAL VALUE OPINION 59 Certification 60 ADDENDA 61 Limiting Conditions 62 Flood zone determination 63 Residential zoning information 64 USPAP Standards Rule 2-2a 72 Subject Acquiring Warranty Deed 75 Qualifications of the Appraisers 77 INTRODUCTION t}�� c V t w tt� 1`t 1} y 7� fl� t:. a ' 1-Story Frame South Building Elevation 1-Story Frame East Elevation IV pi ,Iitib. 1-Story Frame North Building Elevation 1-Story Frame Living Room Area '.II n icbf ` rS 1-Story Frame East Porch 1-Story Frame Bedroom vsy �I I 4 4�� I ,- 101E I i } r 1-Story Frame Bathroom 1-Story Frame Kitchen PHOTOS OF THE VALUED REAL PROPERTY 407 NE 1 Street, Bpynton Beach, Florida 33435 x y i 1-Story Frame Bedroom 1-Story Frame Bathroom IN pA 1-Story Frame Utility Room East Entrance to 2-Story Frame Building v � r f } Area Between 2 Building Structures 2-Story Frame South &West Elevations t � Room on 15t Floor of 2-Story Frame Building Bedroom on 15t Floor of @-Stpry Frame Building ADDITIONAL PHOTOS OF THE VALUED REAL PROPERTY 6 } 2nd Floor Bedroom 2nd Floor Kitchen .'+ nr� 3 t} i} v Y 9 Interior Stairs to 2nd Floor Storage Area r s �s�{`;l�r' ,rst yk d 1t ra'�iisJt}��Ti' �, .} 3 r. I7 { ,- su'01 A 'Sty) � ��f� 4• M1 b� Storage Area Outside Walkway v; r Looking North on NE 1st Street Looking South on NE 15t Street ADDITIONAL PHOTOS OF THE VALUED REAL PROPERTY 7 e } I , } ,r +,f atrl� W 8 t i L =1N i) pig 9t } :� {{S�1�S - W �8 GJ t C W :) Ja J VI F Q + R 1 > N W W m = Z r- 00 LL. 4a O ? v O t F- m v w f- h. z 1 r; t Printer Friendly Structural Details Page 1 of 2 Property Information Owner Nwne- KALLMNTAS LOUIS Parcel o1 Number- 08-4345-21-30-002-0231 Location Address: 407 NE I ST ST Structural Details Structural Element for Building 1 Sketch for Building t 1. Exterior Wall 1 SF:WOOD SIDING 33 2. Year Built 133 3. AIS Condition AG ONLY Desc. ° Fleet Type NONE S° Meat Fuel NONE 6. Bed Rooms 7, Dull Baths 2 . Half Baths 0 AO ) . Exterior Wall 2 NONE 10� Roof Structure re GABLE/HIP 11e Roof Covey MIN. ROOFING (COR SFE. ) 12° Interior Wall 1 ALL BOARD OR WOOD WALL 11 Interior aII2 /A FINE R SOFT 14° Floor 1 OD 15o Floor Type 2 /A t ), .. 11'1° Stories 1 Subarea and Sq. Footage for Building 1 Code Description q. tage EAS Ilse Area 1080 USP Unfinished Scrn, Porch 108 `fatal Square Footage r 1188 Total l Area Under Air` 1080 Extra Feature Eies,cxipfion Year Bush Units Patio Roof 2003 270 Patio 2003 270 /t may represent the perimeter, square footU r°foottotal number or other measurement of the feature depending on the feature descri . 9 https://www.pbcgov.org/oapa/Asps/Prr rF ' e `l. x?e nti i .. 6/16/2020 Printer Friendly Structural Details Page 2 of 2 .......... Land Details Land I..ww # D-.-,c'!rA ,n 1-on i n a Un�!S :}}r,3(_1 S 1 MULTI-FAMILY 3 0,1742 10 https://www.pbcgov.org/papa/Asps/PropertyDetaiVPn'nterFn'endlySt,rDetail,aspx?cntfty,,,_jd... 6/1622020 `rater Friendly Structural Details Pagel a Property Information Owner Name- KALLLANTAS LOUIS Parcel ControlNumber- 08-43-45-21-30-002-0231 Location Address: 407 NE 1 ST ST Structural Details Structural E e e t for Building Sketch for Building 2 1, Exterior Wall 1 SF:WOOD SIDING 2° Year Built 1930 3. Air Condition AC ONLY sc° 4. Heat Type NONE r > 1 5. Meat Fuel NONE . Bed Roams 2 t 7° Full Baths 2 ° Half Baths a 2�L7 9. Exterior Wall 2 NONE 10° Roof Structure ur GABLE/HIP 11. Roof Cover ASPHALT/COMPOSITION 7 AD X7 12° Interior Wall 1 ALL BOAR®OR WOOD ALS, 13° Incedor Will 2 N/A r 14. Floor Type 1 FINE OR SOFT WOOD ' 15, Floor Type 2 N/A Stories 2 Subarea and Sq. Footage for Building 2 Code Description Sq. Footage BAS Base Area 729 OAS Base Area 729 FISP Unfinished Scrn, Pardo 21 USP Unfinished Scrn. Parch 49 FISP Unfinished Scrn. Parch 35 UST Unfinished Storage 49 U P Unfinished Open Porch 35 `Foi l Square Footage . 1647 Poral Area Under Air: 1458 Extra Feature e cri lion Year Built Unit 11 hltqm :// o .or s ra i r e ileaspx?enti i ... /16/202 u t M W m j4,� c rr r Lads art Flo,Nd[ fir ' Ifr ` '% IU t4Hw� Y W.. ,�H, 1a'N,E N4 e n S`,af'E�U,c<<��. A. a ', If �"• �, „i§4'"h C I A- a t� ., M�' FEWribcf im t 4 fill �) K�s, .� as ,sr• 4�i 1-3-5 Mile Radii from the Valued Real Property 407 NE 1 Street Boynton Beach, Florida 33435 12 • Gesn" 407 NE 1st St, Boynton Beach, Florida, 33435 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Population 2000 Population 13,765 68,864 157,907 2010 Population 13,898 77,577 176,230 2020 Population 16,098 86,811 195,040 2025 Population 17,719 92,932 207,032 2000-2010 Annual Rate 0.10% 1.20% 1.10% 2010-2020 Annual Rate 1.44% 1.10% 0.99% 2020-2025 Annual Rate 1.94% 1.37% 1.20% 2020 Male Population 49.1% 47.8% 47.7% 2020 Female Population 50.9% 52.2% 52.3% 2020 Median Age 41.0 44.7 47.2 In the identified area, the current year population is 195,040. In 2010, the Census count in the area was 176,230. The rate of change since 2010 was 0.99% annually.The five-year projection for the population in the area is 207,032 representing a change of 1.20% annually from 2020 to 2025. Currently, the population is 47.7% male and 52.3%female. Median Age The median age in this area is 41.0, compared to U.S. median age of 38.5. Race and!Ethnicity 2020 White Alone 43.6% 59.6% 64.0% 2020 Black Alone 49.1% 31.5% 26.6% 2020 American Indian/Alaska Native Alone 0.3% 0.3% 0.3% 2020 Asian Alone 1.1% 2.0% 2.3% 2020 Pacific Islander Alone 0.0% 0.0% 0.0% 2020 Other Race 3.3% 3.7% 4.0% 2020 Two or More Races 2.6% 2.8% 2.7% 2020 Hispanic Origin (Any Race) 14.6% 18.1% 18.7% Persons of Hispanic origin represent 18.7% of the population in the identified area compared to 18.8% of the U.S. population. Persons of Hispanic Origin may be of any race.The Diversity Index, which measures the probability that two people from the same area will be from different race/ethnic groups, is 66.5 in the identified area, compared to 65.1 for the U.S. as a whole. Households 2020 Wealth Index 79 89 106 2000 Households 5,170 30,114 69,191 2010 Households 5,273 33,374 75,979 2020 Total Households 6,238 37,304 83,666 2025 Total Households 6,912 39,914 88,667 2000-2010 Annual Rate 0.20% 1.03% 0.94% 2010-2020 Annual Rate 1.65% 1.09% 0.94% 2020-2025 Annual Rate 2.07% 1.36% 1.17% 2020 Average Household Size 2.57 2.30 2.31 The household count in this area has changed from 75,979 in 2010 to 83,666 in the current year, a change of 0.94% annually. The five-year projection of households is 88,667, a change of 1.17% annually from the current year total. Average household size is currently 2.31, compared to 2.30 in the year 2010.The number of families in the current year is 48,078 in the specified area. Data Note:Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2020 and 2025. Esri converted Census 2000 data into 2010 geography. 3uly 11, 2020 13 • Gesn" 407 NE 1st St, Boynton Beach, Florida, 33435 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Mortgage';Income 2020 Percent of Income for Mortgage 19.6% 17.6% 18.7% Median Household Income 2020 Median Household Income $48,713 $54,633 $57,209 2025 Median Household Income $53,434 $58,530 $62,152 2020-2025 Annual Rate 1.87% 1.39% 1.67% Average Household Income 2020 Average Household Income $73,508 $77,833 $83,045 2025 Average Household Income $81,985 $85,774 $92,032 2020-2025 Annual Rate 2.21% 1.96% 2.08% Per Capita Income 2020 Per Capita Income $29,239 $33,679 $35,645 2025 Per Capita Income $32,773 $37,078 $39,425 2020-2025 Annual Rate 2.31% 1.94% 2.04% Households by Income Current median household income is$57,209 in the area, compared to $62,203 for all U.S. households. Median household income is projected to be $62,152 in five years, compared to $67,325 for all U.S. households Current average household income is$83,045 in this area, compared to $90,054 for all U.S. households. Average household income is projected to be $92,032 in five years, compared to $99,510 for all U.S. households Current per capita income is $35,645 in the area, compared to the U.S. per capita income of$34,136. The per capita income is projected to be $39,425 in five years, compared to $37,691 for all U.S. households Housing 2020 Housing Affordability Index 118 128 121 2000 Total Housing Units 6,239 36,269 82,475 2000 Owner Occupied Housing Units 3,409 21,736 52,449 2000 Renter Occupied Housing Units 1,760 8,377 16,742 2000 Vacant Housing Units 1,070 6,156 13,284 2010 Total Housing Units 7,058 42,604 94,458 2010 Owner Occupied Housing Units 3,188 21,577 53,437 2010 Renter Occupied Housing Units 2,085 11,797 22,542 2010 Vacant Housing Units 1,785 9,230 18,479 2020 Total Housing Units 8,200 46,220 101,547 2020 Owner Occupied Housing Units 3,627 23,082 56,804 2020 Renter Occupied Housing Units 2,610 14,222 26,862 2020 Vacant Housing Units 1,962 8,916 17,881 2025 Total Housing Units 9,001 49,122 106,947 2025 Owner Occupied Housing Units 3,856 24,079 59,010 2025 Renter Occupied Housing Units 3,057 15,835 29,657 2025 Vacant Housing Units 2,089 9,208 18,280 Currently, 55.9% of the 101,547 housing units in the area are owner occupied; 26.5%, renter occupied; and 17.6% are vacant. Currently, in the U.S., 56.4% of the housing units in the area are owner occupied; 32.3% are renter occupied; and 11.3% are vacant. In 2010, there were 94,458 housing units in the area - 56.6% owner occupied, 23.9% renter occupied, and 19.6% vacant. The annual rate of change in housing units since 2010 is 3.27%. Median home value in the area is$256,296, compared to a median home value of$235,127 for the U.S. In five years, median value is projected to change by 2.35% annually to$287,868. Data Note:Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2020 and 2025. Esri converted Census 2000 data into 2010 geography. 3uly 11, 2020 14 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Two Frame (Dade County Pine wood) residential buildings built in 1930 (90 years ago) with a total 5 bedrooms and 4 baths. The East(front) one- story building contains 3 bedrooms and 2 baths and is occupied by the property owner. The West two-story building contains two one-bedroom one bath units that are short-term rentals for residential occupancy. Total enclosed building size is 2,538 square feet. ADDRESS: 407 NE 1st Street Boynton Beach, FL 33435 OWNERSHIP: Louis Kalliantas 407 NE. 1st Street Boynton Beach, Florida 33435 LAND AREA: Approximately 7,588 square feet IMPROVEMENTS: The two original building structures are built of Dade County pine (termite resistant). The East building is one-story and the West building is 2-story. The East building contains three bedrooms and two baths and is occupied as a single dwelling unit. The West building contains two bedrooms and two baths and is occupied as two units. Both buildings appear to be well maintained. Part of the two-story building is utilized as storage for the building contractor- owner. Little modernization has been made in both building structures. There is no covered parking provided. ZONING: "R-2", Duplex in the city of Boynton Beach, Florida LAND USE: Multi-family<10 Units APPRAISAL PURPOSE: To develop an opinion of current market value INTEREST APPRAISED: Fee simple CURRENT USE: Residential HIGHEST AND BEST USE: Highest and Best Use is defined as: The reasonably probable and legal use of vacant land or an improved property which is physically possible, appropriately supported, financially feasible, and that results in the highest value. 1) Physically possible — the present use is physically accommodated on the site. 2) Legally permissible — the present use is legally allowed for the property. 3) Financially feasible — the present use provides a positive market return. 4) Maximally productive — the present use is the one that produces the highest returns. The current use is the Highest and Best Use of the property both vacant and improved. 15 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS VALUE BY THE SALES COMPARISON APPROACH: TWO HUNDRED SIXTY-EIGHT THOUSAND DOLLARS 268 000 VALUATION DATE: July 18, 2020 Exposure Time: 9-12 months prior to selling at the appraised value 16 DESCRIPTIONS, ANALYSES, CONCLUSIONS APPRAISAL REPORT This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP 2020 - 2021) 2-2(a)(i) State the identity of the client; The client and intended user of this report is the Boynton Beach Community Redevelopment Agency. 2-2(a)(ii) State the identity of any other intended users by name or type; None 2-2(a)(iii) State the intended use of the appraisal; The intended use of the appraisal is for possible acquisition of the appraised property. 2-2(a)(iv) Contain information, documentation, and/or exhibits sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; Ownership: Louis Kalliantas 407 NE 1st Street Delray Beach, FL 33435 Property Address: 407 NE 1st Street Boynton Beach, FL 33435 Legal Description: North, one half of lot 23 and the North, one half of Lot 24, less the East ten feet thereof, Block 2, Shepard-Funk Addition, according to the plat thereof on file in the office of the clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 2, Page 15 of Palm Beach County, Florida Public Records. 18 APPRAISAL REPORT (continued) Real Estate Tax: Parcel Control Number: 08 43 45 2130-002-0231 Land Value: $ 21,420 Improvement Value: 175,498 Total Value: $196,918 Assessed Value: $82,986 Taxes: $2,566 The tax was paid for 2019, with no amounts outstanding for previous years. Properties are assessed in arrears by the county property appraiser. The tax bill is issued in November and a 4% discount is given to a taxpayer if the amount is paid in November. The discount diminishes until March, when the tax is due and payable. In Florida, the taxable value for non-homesteaded properties can be increased to a maximum of 10% per year, from tax year 2009 going forward, based on a constitutional amendment voted on by the electorate of the state. There are some exceptions, which relate to school taxing districts. However, the millage of the city can increase; thus, real estate taxes can continue to increase from year to year. Flood Zone:Zone "X". Zone "X" is not in a Special Flood Hazard Area. The FEMA flood map is in the Addenda. Market Area Description: Boundaries and Market Composition & Transportation Infrastructure The general market area is the City of Boynton Beach in eastern-central Palm Beach County. Population of the city is about 72,000 residents; land area of the municipality is about 16 square miles situated between Delray Beach on the south and Lake Worth on the north. The town was named for an early developer, Nathan Boynton, a former major in the Union Army in the Civil War. The city was founded in 1898 and incorporated in 1920. Most of the original buildings were destroyed in the hurricane of 1926, though a few remain. Those few which were constructed in the early 1920s that are still in use have had repairs and replacements over the decades changing their historical significance. Time and economic trends take a toll on properties; thus, in 1984 a redevelopment plan was adopted for the Community Redevelopment Area (CRA) in the city. It covers 1,650 acres in the central part of the municipality west of the Intracoastal Waterway. 19 APPRAISAL REPORT (continued) Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast Railway from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the town as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Freight trains still run through the subject market area on the FEC tracts. Higher speed, passenger Brightline train runs along the FEC tract, but does not stop in Boynton Beach. There are three depots with one in downtown Miami, one in downtown Fort Lauderdale and the third in downtown West Palm Beach. Boca Raton, Palm Beach County, and Aventura and the Port of Miami, Miami-Dade County will be the next depots. In the future, there may be commuter rail service along the FEC tracks with a station in downtown Boynton Beach; however, no plans have been announced. The immediate subject market area is known as the Heart of Boynton (HOB), containing 380 acres. This area is the historic, older part of the CRA, with the following boundaries: Boynton Beach Canal (C-16) on the north, Florida East Coast (FEC) Railroad on the east, Interstate 95 on the west, and jagged line a few blocks north of Boynton Beach Boulevard as the south boundary, at about NE 3 Avenue. Federal Highway is the main north-south artery through the city. It is also known as US Highway 1 and is the main north-south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. Heavily trafficked Federal Highway is a catalyst to redevelopment of the market area, with over 2,300 residential dwelling units in five projects either built or planned. Highway beautification projects enhanced the aesthetics of the market area. Individual properties on the east and west side of the highway have shallow depths, inhibiting redevelopment of the sites with larger commercial projects. Assemblages of adjacent properties and rezoning to mixed use will continue to facilitate revitalization of the subject market area. Primary east-west route is Boynton Beach Boulevard, with Ocean Avenue to the south as a secondary thoroughfare. Boynton Beach Boulevard is the principal east-west artery in the city, having interchanges with Interstate 95 and Florida's Turnpike. 20 APPRAISAL REPORT (continued) Boynton Beach Boulevard commences just to the east of US Highway 1 and travels west through Palm Beach County to its terminus at State Road 7/ US Highway 441. Ocean Avenue, in the Cultural District of the CRA, is an upgraded streetscape of wide sidewalks covered with pavers, lighting, kinetic sculptures, and bollards. Ocean Avenue continues east of the Cultural District with a drawbridge over the Intracoastal Waterway, reaching Ocean Boulevard and the Atlantic Ocean. Ocean Avenue extends west through Boynton Beach, with an interruption at Interstate 95. The subject market area is easily accessible by main roads and Interstate 95. To the north of Boynton Beach Boulevard is the Heart of Boynton District where the CRA has concentrated funds and effort into revitalizing the area with new housing options and upgraded streetscapes. The CRA has purchased numerous smaller properties to assemble larger sites for redevelopment of mixed use projects. Population Trends The demographic survey in the beginning of the report of 1, 3, and 5 mile radial circles from the appraised property shows the median household income for 2020 in the one-mile radius is $48,713; for three miles it is $54,633, and $57,209 for the five mile circle. Annual growth rate is anticipated to be 1.2%. 57% of the housing units are owner occupied, with 26% rented Economic Trends In South Florida, as in the rest of the United States, real estate prices climbed from 2003-2006. In 2007-2008, concerns were expressed about an unsustainable upward price trend in the market. Then, the economic collapse came in fall of 2008 along with the crash in real estate prices. In 2009, there were very few sales of any type of real estate. By 2010, it appeared that the worst was over. Cash buyers started making purchases. From 2013 to present, sales activity and prices recuperated. The upswing in prices is due in part to scarcity of developable land, especially in the eastern part of the county. Properties in primary locations are back to pre-crash prices; other properties are approaching that level. The life cycle stage of the market area is revitalization, a period of renewal, modernization, and increasing demand. 21 APPRAISAL REPORT (continued) Revitalization in the CRA is taking place along US Highway 1, in the part of the corridor near Ocean Avenue and Boynton Beach Boulevard with projects such as 500 Ocean, consisting of 341 residential units, 20,000 square feet of retail space and 6,000 square feet of office. Ocean One at 114 N Federal Highway is planned for 358 apartments, 12,075 square feet of retail, 120 hotel rooms, and 439 parking spaces. The Villages at East Ocean Avenue were approved for 371 dwelling units, 15,757 square feet of commercial space, plaza, 644-space parking garage, et cetera. At 623 S Federal Highway, The Club of Boynton Beach is a six-story, 87 unit assisted living facility and memory care facility. Earlier in the 2000s, the property was to be developed with a condominium; however, the recession halted those plans. At 2923 S Federal Highway, Daniel Heart Center is replacing an old strip store center by renovating the buildings. In addition to completed and approved projects, a large redevelopment site is under contract to be purchase located on the east side of Federal Highway at SE 1 Avenue, Boynton Beach. The 2.85 acres of land is an assemblage of 10 properties with numerous owners. Issues would have to be addressed such as demolition of existing buildings, unity of title, right-of-way abandonment, density of dwelling units, et cetera. The confidential contract price could change due to contingencies based on these and other issues. However, this assemblage is an example of the revitalization of the subject market area. Town Square, a major redevelopment project to the west of Federal Highway is under construction in three sections extending from the south side of Boynton Beach Boulevard south to SE 2 Avenue, encompassing 16.5 acres of land. The north section covers the area of the old city hall and police station which were demolished and removed. The project consists of the following: • North parcel —225 residential units, 120 hotel rooms, 65,000 square feet of office/retail space and 927 space parking garage • Middle parcel—200 residential units, 18,887 square feet of retail space • South parcel — 280 residential units, 820 space parking garage, 4,000 public space Included in the project are spaces for a new city hall, police station, fire station and park. Renovation of the historic high school is part of the project. 22 APPRAISAL REPORT (continued) In the block to the west of the Town Square, on the west side of Seacrest Boulevard, two properties will be purchased by the Boynton Beach Community Redevelopment Agency (BB CRA). 209 N Seacrest Boulevard is a two-story commercial building leased to the city and used for the Boynton Beach Utility Customer Service facility and the Police substation. Purchase price is $1,400,000 with a closing scheduled for October, 2020 when the lease has terminated. The adjacent property at 217 N Seacrest Boulevard is currently leased to the United States Postal Service, with a one- story building and large parking lot for postal vehicles. The north side of the property fronts Boynton Beach Boulevard. BB CRA will purchase the property for $1,600,000 with a closing projected for February, 2023 when the lease terminates. Purchase of these two properties is an example of the BB CRA pursuing assemblages to amass land which can be redeveloped into larger mixed use facilities as planned for the Boynton Beach Boulevard corridor. In the Heart of Boynton CRA district, Ocean Breeze East is under construction at 700 North Seacrest Boulevard. The development is an affordable apartment project containing 123 units, retail space, clubhouse and swimming pool. The project came about by the Boynton Beach Community Redevelopment Agency selling the land and the Florida Housing Finance Corporation and TD Bank providing the financing. Also in the Heart of Boynton CRA district will be apartments and retail buildings on Martin Luther King, Jr. Boulevard east of Seacrest Boulevard. Land will be forthcoming from the Boynton Beach CRA and financing from the State of Florida will be similar for the developer of this project. Conclusion The town's redevelopment goal is to transform Boynton Beach from a retirement community to a vibrant city where residents can enjoy living and working in an attractive setting. Boynton Beach Community Redevelopment Agency is instrumental in the renaissance of the city. The CRA envisions the Boynton Beach Boulevard and Downtown Districts to have a future land use of mixed uses with various densities. The transformation of the area is in progress. Development of real estate takes time and the right market conditions which have been positive. Upward price trend for property in the subject market area will resume when the economy stabilizes and there are visible signs that projects are moving forward. 23 APPRAISAL REPORT (continued) CRA District: Heart of Boynton Zoning: "R-2" Duplex Site Description: The shape of the appraised land is rectangular. Approximate dimensions and size for the site are from public records. North boundary on adjacent property 107 feet East boundary on NE 1st Street 71 feet S boundary on adjacent property 107 feet West boundary on adjacent property: 71 feet Land size is approximately 7,588 square feet. Utilities: All utilities are available to the site. Access: The land is accessible via NE 1st Street on the East. NE 1st Street is a two-lane interior street. Easements: Utility easements are typically around the perimeter of the site. Improvement Description: The two original building structures are built of Dade County pine (termite resistant). The East building is one-story and the West building is 2-story. The East building contains three bedrooms and two baths and is occupied as a single dwelling unit. The West building contains two bedrooms and two baths and is occupied as two units. Both buildings appear to be well maintained. Part of the two-story building is utilized as storage for the building contractor- owner. Little modernization has been made in both building structures. There is no covered parking provided. 2-2(a)(v) State the real property interest appraised; A person who owns all the property rights is said to have fee simple title. A fee simple title implies absolute ownership unencumbered by any other interest or estate. Partial interests in real estate are created by selling, leasing, et cetera. Partial estates include leased fee and leasehold estates. The interest appraised is fee simple. 24 APPRAISAL REPORT (continued) 2-2(a)(vi) State the type and definition of value and cite the source of the definition; The purpose of the appraisal is to develop an opinion of market value of the subject property as of July 18, 2020. MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories: 1. the relationship,knowledge, and motivation of the parties(i.e.,seller and buyer); 2. the terms of sale(e.g.,cash,cash equivalent,or other terms);and 3. the conditions of sale(e.g., exposure in a competitive market for a reasonable time prior to sale). Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions as follows. 1. buyer and seller are tvpically motivated 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and S. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform,Recovery, and Enforcement Act(FIRREA)of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration(NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994,and in the Interagency Appraisal and Evaluation Guidelines,dated December,2010. Florida Court Definition: "Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts." [Source: Fla. Power & Light Co., v. dennin,%,Ys, 518 So.2d 895 (Fla. 1987)] 25 APPRAISAL REPORT (continued) 2-2(a)(vii) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: July 18, 2020 B) Date of the Report: July 18, 2020 2-2(a)(viii) Summarize the scope of work used to develop the appraisal; The appraisal problem is to develop an opinion of value of the property based on its highest and best use. The appraisers visited the property and photographed it. An investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. Data research consisted of collecting, confirming, and reporting improved sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including multiple listing service, Realquest, Palm Beach County Property Appraiser's records, the public records, and data from the appraisers' plant. 2-2(a)(ix) Summarize the extent of any significant real property appraisal assistance; The two signatory appraisers are the only people involved in the appraisal process. 2-2(a)(x)(1) Summarize the appraisal methods and techniques employed; (2) State the reasons for excluding any of the valuation approaches; (3) Summarize the results of analyzing the subject sales, options and listings; (4) State the value opinion and conclusion (5) Summarize the information analyzed and the reasoning that supports the analyses, opinions, and conclusions (See following data answering the 5 Items) 26 APPRAISAL REPORT (continued) For Sales Comparison Approach, improved sales are compared to each other and to the property under appraisement to develop a final opinion of value. The information analyzed and appraisal method used is detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinions, and conclusions is explained in the valuation section. The final value conclusion is stated at the end of the Sales Comparison Approach. The Cost Approach is not used because of the age of the improvement. The Income Approach is not employed because the property is occupied by the owner and occasional, temporary tenants in the two-story building structure. Exclusion of these approaches to value still produces a creditable report. SR I-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; The property is not formally listed for sale. b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. The property has been occupied continuously by the current owner. There has been no arm's length warranty deed recorded for the property in the past three years. 2-2(a)(xi) State the use of the real estate existing as of the effective date and use of the real estate reflected in the appraisal; The use of the real estate on the date of valuation is a single-family residence, with occasional, temporary rentals of two small units in the two-story building structure and it is this use, which is reflected in the appraisal. No personal property is included in the valuation. 27 APPRAISAL REPORT (continued) 2-2(a)(xii) When an opinion of highest and best use was developed by the appraiser, state that opinion and summarize the support and rationale for that opinion; HIGHEST AND BEST USE OF THE PROPERTY Highest and Best Use is defined as: The reasonably probable and legal use of vacant land or an improved property which is physically possible, appropriately supported,financially feasible, and that results in the highest value. 1) Physically possible — the present use is physically accommodated on the site. 2) Legally permissible — the present use is legally allowed for the property. 3) Financially feasible — the present use provides a positive market return. 4) Maximally productive — the present use is the one that produces the highest returns. The current use is the Highest and Best Use of the property both vacant and improved. 2-2(a)(xiii) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a) (xiv) Include a signed certification in accordance with Standards Rule 2-I See signed certification in report. 28 SALES COMPARISON APPROACH Improved Sale Location Map - 31I l3XfY HYPO LlI5C0 <GC' _yPo 177 m E I ,m �i � ll •,�", ,,,�kdTEWAYvBLV�' wl ��gg'�IAY �,�fi' �� I � �"'� �{rI DE 77 cn e. SALE 3 z t SALr 2. t SALE 1 SUBJECT IWyOCFANE.— , ` Boynton Beach'�'E W ocE�aN DR acEnN oR SALE c= .. ... - a © � g ' a. �' aJ ,J SALE a A., .a.=. SE" SN1�22N C3�NIAY �.�S.Nf+ 3R6 AVE� 23RQ ' GOLF RC7 Ism " i .F,a I hc9.� 8 e J �I _ Data use subject to license. m. @ DeLorme.DeLorme Street Atlas USAO 20t}9. 0 la %2 3/a 1 1'/a www-delorme.com MN(6.9°W) Data Zoom 12-0 30 IMPROVED SALE DATA SHEET SALE NO. 1 LEGAL DESCRIPTION Lots 74 and 76 (Less the west 25 feet thereof), C. W. COPP'S Addition to Boynton, according to the Plat thereof, as recorded in Plat Book 7, Page 56, of the Public records of Palm Beach County, Florida SALE PRICE $192,000 PROPERTY DESCRIPTION 4 bedroom, 4 bath CBS 2 — unit dwelling, constructed in 1958 with 1,536 square feet of enclosed building situated on an "R-2" duplex zoned lot of 6,621 square feet. The ratio of land to enclosed building is 4.31:1. There is no covered car storage. The building has been upgraded since construction. The Street address is 521 NE. 2nd Street, Boynton Beach,Florida. UNIT OF COMPARISON $125.00 per Square Foot of enclosed building FOLIO NUMBER 08-43-45-21-05-000-0740 CONDITIONS OF SALE Arm's length transaction. CONFIRMATION: Palm Beach County Public Records DEED RECORDED O. R. Book 30226,Page 477,Palm Beach County Records GRANTOR 521 Boynton, LLC GRANTEE Daniel P. Melendez,m/m DATE OF SALE October 30,2018 31 I s }N �"44 t hiss - 4 t IMPROVED SALE NO. 1 PHOTO 521 NE 2nd Street Boynton Beach, Florida 32 � o w C/) L Q U LJJ N 00aJ LJJ �Jt J`•( `5;,, �� O Lu LO o m 3 s. r i " — i i 5! i {p 33 CFN 20180417986 OR BK 30226 PG 477 RECORDED 11/02/2018 15:40:48 Palm Beach County, Florida THIS INSTRUMENT PREPARED BY AND RETURN TO: AMT 192,000.00 LES H. STEVENS,ESQUIRE DEED DOC 1,344.00 LES H. STEVENS, P.A. Sharon R. Bock 5301 NORTH FEDERAL HIGHWAY, SUITE I30 CLERK&COMPTROLLER BOCA RATON, FLORIDA 33487 Pgs 0477-0478; (2Pgs) Property aisers Parcel Identification(Folio)Numbers: 08-43-45-21-05-000-0740 SPACE ABOVE THIS LINE FOR RECORDING DATA o WAR"NTYDEED THIS WAR o��'Y DEED, made the day of October,2018 by 521 BOYNTON, LLC,A FLORIDA LIMITED LIABILITY C NY, herein called the grantor, to DANIEL P. MELENDEZ, A MARRIED MAN, and ANTONIA MELENDEZ, ANU EMARRIED WIDOW, as ,joint tenants with rights of survivorship whose post office address is 16316 NE 4th AVE NORTH MIAMI BEACH,FL 33162,hereinafter called the Grantees: (Wherever used herein s "grantor"and 'grantee"include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, an Zt essors and assigns ofcorporations) WITNESSETH: the grantor,for and in consideration of the sum of TEN AND 00/I00'S ($10.00)Dollars and other valuable considerations, retarantee whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto all that certain land situate in PALM BEACH County, State of Florida,viz.: V- Lots 74 and 76 (LESS ►West 25.0 feet thereof), C.W. COPP'S ADDITION TO BOYNTON, according to the Plat there�ecorded in Plat Book 7,Page 56,of the Public Records of Palm Beach County,Florida o Subject to easements, restrictions" rvations of record and taxes for the year 2018 and thereafter. D TOGETHER,with all the tenements,heredi� and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee i%el er. AND, the grantor hereby covenants with said gat the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to onvey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of alwhomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31,2017. IN WITNESS WHEREOF,the said grantor has sign an sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: 521 BOYNTON,LLC,A FLORIDA LIMITED LIABILITY COMPANY By: JS Florida Realty,LLC,a Florida li liability company, ) By: 1 Witness##1 Signage Steven A.Reichel, - 1 Chief Executive Member Witness#I Printe ame ness 42 St atf Witness 42 Printed e File No.: 18-165 34 CFN 20180417986 BOOK 30226 PAGE 478 2OF2 STATE OF FLORIDA COUNTY OF PALM BEACH ® The foregoing instrument was acknowledged before me this day of October, 2018 by Steven A. Reichel, as Chief Executive Member of JS FLORIDA REALTY, LLC, a Florida limited liability company, as Manager of 521 BOYNTON, LLC, A F RIDA LIMITED LIABILITY CO. on behalf of the company. He is personally known to me or has produced as identification. SEAL 0 otary Signature My Commissions: Printed Notary Signature LES" SIEVENS 0 .� A o" MISSION#GC,173s0 :``•' MY CONS ch g 2022 0 i:• <: EXPIRES'pubesrvTte,s 'Edd °c ThtuwwY �n Civ t5 O 0 File No.: 18-165 35 IMPROVED SALE DATA SHEET SALE NO. 2 LEGAL DESCRIPTION Lot 3, Sutton Manor„ according to the Plat thereof, as recorded in Plat Book 29, Page 122, of the Public records of Palm Beach County, Florida SALE PRICE $200,000 PROPERTY DESCRIPTION 4 bedroom, 2 Bath CBS 2 — unit dwelling, constructed in 1973, with, 1,940 square feet of enclosed building situated on an "R-2" duplex zoned lot of 8,211 square feet. The ratio of land to enclosed building is 4.23:1. There is no covered car storage. The building has been upgraded since construction. The Street address is 801 NE. 3rd Street, Boynton Beach,Florida. UNIT OF COMPARISON $103.09 per Square Foot of enclosed building FOLIO NUMBER 08-43-45-21-36-000-0030 CONDITIONS OF SALE Arm's length transaction. CONFIRMATION: Palm Beach County Public Records DEED RECORDED O. R. Book 30248,Page 212,Palm Beach County Records GRANTOR Harvest Home, LLC GRANTEE SMS Rental Properties,Inc. DATE OF SALE November 9,2018 36 i � S }S � z �t (F t u�S SS 5 16 I1 i r s IMPROVED SALE NO. 2 PHOTO 801 NE 3'd Street Boynton Beach, Florida 37 I I ME, I M IMPROVED SALE 2 AERIAL PHOTO 801 NE 3'd Street Boynton Beach, Florida 38 CFN 20180430536 OR BK 30246 PG 212 RECORDED 11/14/2018 11:44:05 Palm Beach County, Florida AMT 200,000.00 DEED DOC 1,400.00 Sharon R. Bock CLERK&COMPTROLLER This instrument was prepared by: Pgs 0212-0213; (2Pgs) Da 'el A. Jacobson, Esquire n' A. Jacobson, P.A. Federal Highway - Suite 201 Ft. rdale, Fl. 33316 18- 3 0 Propertyraiser's Parcel Identification No.: 08-43-4 -36-000-0030 0-, WARRANTY DEED THIS IN*TURF, executed this day of November, 2018, by and between Harvest Home Find LLC, a Florida Limited Liability Company, Grantor, with a post office address of: 120 No**inton Avenue, Delray Beach, FL 33444, to SMS Rental Properties Inc,a Florida Corpor , Grantee, whose address is 557 Tall Pines Road,West Palm Beach, FL 33413, �0 WITNESSETH: Th4V said Grantor, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, ther good and valuable consideration, the receipt whereof is hereby acknowledged,has grante ained,conveyed and sold unto the said Grantee,their heirs successors and assigns, as the cas be, forever,the following described real property lying in the County of Palm Beach, State ofa ida, to wit: Lot 3, Sutton Manor, accord the Plat thereof as recorded in Plat Book 29, page(s) 122, of the Public of Palm Beach County, Florida. SUBJECT TO:Taxes and assessments for the year 2018 and subsequent years,covenants, restrictions and public utility easements of record, if any. TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in any way appertaining, and all the estate, right,title, interest, lien, equity, and claim whatsoever of the said Grantor,either in law or equity,to the only proper use and benefit of the said Grantee forever and Grantor does warrant the title to the land, and will defend same against all lawful claims. 39 CFN 20180430536 BOOK 30246 PAGE 213 2OF2 IN WITNESS WHEREOF,Grantor has caused this instrument to be executed in its name by ' proper officer thereunto duly authorized. sealed and delivered in the presence of: Q Harvest Home Fund LLC, a Florida Limited O Liability Company tPrinted 1-4 rless By: Jonathan Ginisbe o Manager Sig e of itne At Printed Name of WitnessVu p �v STATE OF FLORIDA O COUNTY OF PALM BEACH The foregoing instrument waswledged before me this _day of November, 2018, by Jonathan D. Ginsberg, as Man f Harvest Home Fund LLC, a Florida Limited Liability Company, who is personally I n to me or has produced as identification. NOTARY BL ElaiyJENNIFER C.GRUGAN Public -State of FloridaCommission N GG 005192 Comm.Expires Aug 22,2020 40 IMPROVED SALE DATA SHEET SALE NO. 3 LEGAL DESCRIPTION Lot 336 and 337, Cherry Hills, according to the Plat thereof, as recorded in Plat Book 4, Page 580, Public Records of Palm Beach County, Florida. SALE PRICE $202,000 PROPERTY DESCRIPTION 4 bedroom, 2 Bath CBS 2 — unit dwelling, constructed in 1967 with, 1,430 square feet of enclosed building situated on an "R-2" duplex zoned lot of 5,092 square feet. The ratio of land to enclosed building is 3.56:1. There is no covered car storage. The building has been upgraded since construction. The Street address is 1203 Northwest 4t' Street, Boynton Beach,Florida. UNIT OF COMPARISON $141.26 per Square Foot of enclosed building FOLIO NUMBER 08-43-45-21-14-000-3360 CONDITIONS OF SALE Arm's length transaction. CONFIRMATION: Palm Beach County Public Records DEED RECORDED O. R. Book 31233,Page 840,Palm Beach County Records GRANTOR Octavio Correa,Jr.,m/m GRANTEE Fenix Capital Investments, LLC DATE OF SALE February 14,2020 41 r IMPROVED SALE NO. 3 PHOTO 1203 NW 4 Street Boynton Beach, Florida 42 r I s 11, - NVN 11#h five N -11th IMPROVED SALE 3 AERIAL PHOTO 1203 NW 4th Street Boynton Beach, Florida 43 CFN 20200063767 OR BK 31233 PG 840 RECORDED 02/19/2020 08:21:27 Palm Beach County, Florida AMT 202,000.00 DEED DOC 1,414.00 Sharon R. Bock Prepared by and return to: CLERK&COMPTROLLER Kyle S. Felty, Esq. Pgs 0840-0841; (2Pgs) La ffice of Kyle Felty,P.A. tala;ch Blvd.,Ste 103 Gardens,FL 33408 552 Fr: 19-565 0 [Space Above This Line For Recording Datal Warranty Deed This Warran d made this 14th day of February,2020 between Octavio Correa,Jr.,a married man and Octavio Cor ,Jr.,a single man whose post office address is 5698 Santiago Circle Boca Raton,FL 33433, grantor,and Fenix 1 Investments LLC,a Florida Limited Liability Company whose post office address is 10350 W Bay Har r Drive,Apt 3U,. Bay Harbor Islands,FL 33154,grantee: (Whenever used herein the term r"and"grantee"include all the parties to this instrument and the heirs,legal representatives,and assigns of individuals,and the successors igns of corporations,trusts and trustees) Witnesseth, that said grant and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable c i ons to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,has grante tned,and sold to the said grantee,and grantee's heirs and assigns forever, the following described land,situat , and being in Palm Beach County, Florida to-wit: Lots 336 and 337, Cherry i ccording to the Map or Plat thereof as recorded in Plat Book 4,Page 58,Public Reco Is Palm Beach County,Florida. Parcel ID#:08-43-45-21-14-000- Subject to taxes for 2020 and s e nt years; covenants, conditions, restrictions, easements, reservations and limitations of recor ,i ** The property conveyed herein does not constitute the homestead property of the Grantor. The Grantor's homestead property address is 5698 Santiago Circle,Boca Raton FL 33433** Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances,except taxes accruing subsequent to December 31,2019. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. WARRANTY DEED File No.: 19-565 Page I oft 44 CFN 20200063767 BOOK 31233 PAGE 841 2OF2 lj�O O Octavio Correa,Jr. -- ^� Octavio Correa,Jr. 4i?,�koD Witness r=1 Print Nazrte O Wil SS �a G Witnesst"2 Print Name O S'TA'['E OF FLORIDA COCJN'f'Y OF PALiIM BI:AC:H The #'oreLain in,%rument rotas acknowled-ed before me by means 11 plysicalpresenceoroonline notarization this 4day of February,2020,by Octavio Correa,Jr and Octavio Correa,Jr.. I, r rary Public Print, `ry pe,'Starnp Name of Nomm, ...U, KRISTIN DEMERITT Personally Known: OR Produced Ident i Fication: _ NOTAW PUBLIC•SIAM Or PLC+f DA Type of Identification COMMiSS[ON#1044796 Produced: 1 My Commission Expires 06124026 WARRANTY DEED hic Nu.: I9_565 f ore 2 of 2 45 ` IMPROVED SALE DATA SHEET SALE NO. 4 LEGAL DESCRIPTION Lots 14 and 15, Block 7, Bowers Park, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm County, Florida, recorded in Plat Book 11,page 57. SALE PRICE $297,500 PROPERTY DESCRIPTION 4 bedroom, 2 Bath CBS 2 — unit dwelling, constructed in 1954 with,, 1,894 square feet of enclosed building situated on an "R-2" duplex zoned lot of 12,724 square feet. The ratio of land to enclosed building is 6.72:1. There is no covered car storage. The building has been upgraded since construction. The Street address is 221 SE. 5t' Avenue, Boynton Beach,Florida. UNIT OF COMPARISON $157.08 per Square Foot of enclosed building FOLIO NUMBER 08-43-45-28-13-007-0140 CONDITIONS OF SALE Arm's length transaction. CONFIRMATION: Palm Beach County Public Records DEED RECORDED O. R. Book 31215,Page 1504,Palm Beach County Records GRANTOR Caroline M. Miller, s/w GRANTEE Geoffrey Campbell, s/m DATE OF SALE February 7,2020 46 P t, t IMPROVED SALE NO.4 PHOTO 221 SE 5th Avenue Boynton Beach, Florida 47 � i t stat 'fi �Cu ��i I 1t r 4r � F 7 tF SE 5th Ove E 5th dive _ E SYh 1YL IMPROVED SALE 4 221 SE 5T"AVENUE BOYNTON BEACH, FLORIDA 48 CFN 20200052859 OR BK 31215 PG 1504 RECORDED 02/10/2020 14:47:33 Palm Beach County, Florida AMT 297,500.00 DEED DOC 2,082.50 Sharon R. Bock Prepared by and Return To: CLERK 8 COMPTROLLER Cindi King Pgs 1504-1505; (2Pgs) Triftit Title,a division of LandCastle Title Group, 0 ge Blvd Ste 225 alb tBeach, FL 33409 Ord WP551912043 �o APN/Parcel 1 08-43-45-28-12-007-0140 WARRANTY DEED THIS WARRANTY*D dated this 07 day of February, 2020, by Carolyn M. Miller, a single woman, hereinafter called the or, to Geoffrey Campbell, a single man, whose post office address is 221 SE 5th Ave,Apt B. Boynto '0ch, FL 33435, hereinafter called the grantee: (Wherever used he terms "grantor"and "grantee"include all the parties to this instrument and the heirs, legal repr a voes and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the graand in consideration of the sum of Ten And No/100 Dollars($10.00) and other valuable consideratio ipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conv nd confirms unto the grantee, all the certain land situated in the County of Palm Beach, State of Flt"wit: Lots 14 and 15, Block 7, BOWERS K, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and fo Beach County, Florida, recorded in Plat Book 11, Page 57. Subject to easements, restrictions, rese and limitations of record, if any. TOGETHER with all the tenements, her is and appurtenances thereto belonging or in any wise appertaining. TO HAVE AND TO HOLD the same in Fee Simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2019. Deed(Warranty-Indiv.to Indiv.) FLD1121.doc/Updated: 10.03.19 Page 1 FL-CW-FLTI-01007.160043-WP551912043 4?9 CFN 20200052859 BOOK 31215 PAGE 1505 2OF2 WARRANTY DEED (continued) ESS WHEREOF, the undersigned have executed this document on the date(s) set forth below. Si aled and Delivered in the presence of: Witness ture Carolyn M. Miller Address: 1205 SW 1st Street Print a Boynton Beach, FL 33435 Witne Signatu 0 t. cL Print Ndme State of Florida County of Palm Beach 0 The foregoing instrument was ledged before me by means of pCJ physical presence or[ ]online notarization,this 7th day of Febr 020, by Carol . Miller, a single woman,to me known to be the person described in or who has p FL �� as identification and who executed the foregoing instrument and she ackn ged that sAe executed the same. = Ob NOTARY PUBLIC :��AlGOM Commission Ex fres: r " �ATIiLEENWIG0YaNE5Y P aF *: NotaryPuWicoFFl0Commissio106213My Comm.Exun 1,202)WnryAsm Deed(Warranty-Indiv.to Indiv.) FLD1121.doc/Updated: 10.03.19 Page 2 FL-CW-FLTI-01007.160043-WP551912043 5� IMPROVED SALE DATA SHEET SALE NO. 5 LEGAL DESCRIPTION Lots 11 and 12 Block 21, Bowers Park, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm County, Florida, recorded in Plat Book 11,page 57. SALE PRICE $268,000 PROPERTY DESCRIPTION 4 bedroom, 3.5 Bath CBS 2 — unit dwelling, constructed in 1959 with 2,100 square feet of enclosed building situated on an "R-2" duplex zoned lot of 12,044 square feet. The ratio of land to enclosed building is 4.86:1. There is no covered car storage. The building has been upgraded since construction. The Street address is 144 SW. 8th Avenue, Boynton Beach,Florida. UNIT OF COMPARISON $127.62 per Square Foot of enclosed building FOLIO NUMBER 08-43-45-28-12-021-0110 CONDITIONS OF SALE Arm's length transaction. CONFIRMATION: Palm Beach County Public Records DEED RECORDED O. R. Book 30745,Page 1365,Palm Beach County Records GRANTOR 144 Boynton, LLC GRANTEE BDM Ventures,Florida,LLLP DATE OF SALE April 24,2019 51 Y� 4 i•I Usk � UA,440411 A ik it r' �5,vP x. . Ei,_ .....,.x ........ IMPROVED SALE NO. 5 PHOTO 144 SW 81h Avenue Boynton Beach, Florida 52 Idx t ' ; s� 1' U9 C' ff} E owl Ass IMPROVED SALE 5 144 SW 81h Avenue Boynton Beach, Florida 53 CFN 20190255126 OR BK 30745 PG 1365 RECORDED 07/12/2019 11:34:48 Palm Beach County, Florida AMT 268,000.00 THIS INSTRUMENT PREPARED BY AND RETURN TO: DEED DOC 1,876.00 LES H.STEVENS,ESQUIRE Sharon R. Bock LES H. STEVENS,P.A. CLERK&COMPTROLLER 5301 NORTH FEDERAL HIGHWAY, SUITE 130 Pgs 1365-1366; (2Pgs) BOCA ON,FLORIDA 33487 Prop aisers Parcel Identification(Folio)Numbers: 08-43-45-28-12-021-0110 O SPACE ABOVE THIS LINE FOR RECORDING DATA O I I 1 R .id . l Y DLLD THIS WATY DEED, made the d/ day of d , 2019 by 144 BONTON, LLC, A FLORIDA LIMITED LIA LI COMPANY,herein called the grantor,to BDM VENTURES FI!, LLP,A FLORIDA LIMITED LIABILITY LI PARTNERSHIP whose post office address is 1210 BEACHCOMBER ROAD, MISSISAUGA, ON I5G 0115 CANA , ereinafter called the Grantee: (Wherever used herein "grantor"and"grantee"include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and e uccessors and assigns of corporations) W I T N E S S E T H. Tl grantor, for and in consideration of the sum of TEN AND 00/100'S($10.00)Dollars and other valuable considerations, re ipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto thq�r-tee all that certain land situate in PALM BEACH County,State of Florida,viz.: Lots 11 and 12,Block 21, RS PARK,according to the Plat thereof,as recorded in Plat Book 11, Page 57,of the Public Reco Valm Beach County,Florida Subject to easements,restrictionervations of record and taxes for the year 2019 and thereafter. TOGETHER,with all the tenements,her4- :�ts and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in ee si e forever. AND, the grantor hereby covenants with said that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to s convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31,2018. IN WITNESS WHEREOF,the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: 144 BOYNTON,LLC,A FLORIDA LIMITED LIABILITY COMPANY By:JS FLORIDA REALTY,LLC, A FLORIDA LIMITED LIABILITY COMPANY,M N H By: itness#1 igna u S EVEN REI H tf, Manager Witness#1 Printed ame Witness 92 MgnathKe 0 affl! MMOG Witness 92 Printed Name 54 File No.: 19-116 CFN 20190255126 BOOK 30745 PAGE 1366 2OF2 STATE OF FLORIDA COUNTVOF PALM BEACH I/ The f eg instrument was acknowledged before me this 01q day of 2019 by Steven Reichel,as Manager of JS FL FOEALTY, LLC, a Florida limited liability company, as Manager of 144 BOYNTON, LLC, a Florida limited liability any on behalf of the Company. He [- is personally known to me or [ ] has produced as identification. 0 SEAL ota�Signat�ur My Commission Expi� Printed Notary Signature LES H.STDUO ' C MISSION ay o S:Ma Bo tm P 0 55 File No.: 19-116 1 06 oq } j\ 7 j z « ]« & & & a a « ca - � « ; « } d/ ) ) ) \ \ ) ) /\ ( \ \ ( \ ( 01 \ca \ } _ § — \ ( ~ � ~ � ~ oc�� ~ , & Lfi , ~ § ; § ca oj ! § q °% \ ® � \ § 0 § | } | f 2f , , � m s = 5 . g o \� / / ~ \ / k / \ / � / / § caca N_ . _ , SALES COMPARISON APPROACH OVERVIEW Of the several methods to develop an opinion of value for the subject multi-family unit, the one considered the most reliable is the Sales Comparison Approach. In this method, sales of the most similar multi-unit sales are compared to the unit being valued. The valuation steps in the Sales Comparison Approach are: 1) Locate and collect information of recent sales of properties similar to the one under appraisement. 2) Verify the sales information from reliable sources. 3) Select a relevant unit of comparison and develop a comparative analysis. 4) Compare and adjust the sales to the subject using the significant, market-derived units of comparison. 5) Reconcile all value indications from the comparisons into a value opinion by this approach. The appraised property is an older (1930) Dade-County Pine 3-Unit, 2 Building complex (front building is one-story & rear building is 2-story) located at 407 NE 1st Street, Boynton Beach, Florida. A thorough search of the subject market area was conducted to locate sales of the one being appraised. Of the sales reviewed, the five cited in the appraisal are the most similar to the subject. Details of the transactions are on the sale sheets and chart in this report. The unit of comparison used by buyers and sellers of this type site is the Sale Price per Square Foot of Building including Land. The range of unit prices of the sales is from $103.09 per square foot to $157.08 per square foot,before adjustments. ELEMENTS OF COMPARISON Elements of comparison are the characteristics of transactions and properties that cause variation in prices paid for real estate. The Appraisal of Real Estate states that there are several basic elements of comparison to consider in sales comparison analysis for land valuation. The first group is termed transactional elements being: real property rights conveyed,financing terms, conditions of sale and market conditions. Adjustments for transactional elements are made, then, attention is focused on the second group,property elements. This second group of property elements consists of location,physical characteristics and use. The relevant elements are hereafter discussed. Real Property Rights Conveyed A transaction price is always predicated on the real property interest conveyed. Property interests conveyed can either be fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at,below, or above market rent. The interest valued for the subject property is fee simple. The single family residential sales were all conveyances of fee simple interests. No adjustment is necessary for this element of comparison. 57 SALES COMPARISON APPROACH Financing Terms No atypical financing was found in any of the comparable property transactions. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market, the result of an eminent domain proceeding. All of the residential sales were arm's length transfers between disinterested parties. No adjustments are required. Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions which change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. The prices for similar properties are increasing about at the inflation rate of 2% per year. Each of the sales is adjusted upward 2% for market conditions to the effective date of appraisal. The amounts of the adjustments are shown on the chart. Adjustments are made to the improved sales for transactional elements of comparison. Next, adjustments for property elements of comparison are considered. Location All of the improved sales and the appraised property are located in similar locations. Locations are also similar;therefore, no adjustments are needed or made Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. The physical differences between the sales and the subject that affect price, building age and condition, are shown on the Improved Sale Comparison and Adjustment Chart in this report. All buildings are of advanced age. The five comparable sales were all upgraded extending their useful lives. 58 SALES COMPARISON APPROACH Use For properties to be comparable, they should have similar uses. The highest and best use for the appraised property and the improved sales is 1-3 unit occupancy. Hence,no adjustment is made. FINAL VALUATION Each of the five comparable sales is adjusted to the subject residence. Following are the prices of the five adjusted comparable sales: ADJUSTED SALES ADJUSTED PRICES PER SOFT. 1) 521 NE. 2nd Street $ 97.03 2) 801 NE. 3rd Street $ 90.61 3) 1203 NW. 4th Street $107.00 4) 221 SE. 5th Avenue $134.85 5) 144 SW. 8 Avenue $ 98.11 Indicated Subject Unit Value: 105 52 (Equal Weight) The range of adjusted unit prices is from $90.61 to $134.85 per square foot of building including land. Each of the five comparable sales was adjusted to the property being appraised for significant differences on the effective date of valuation. The quantity of the comparable data is sufficient to have an overview of the market for properties similar to the subject. The quality of data is good in that it provides a sound basis to develop an opinion of value for the property under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property as of July 18, 2020 is: VALUE BY SALE COMPARISON APPROACH 2,538 square feet of building including land x $105.52 per sq.ft. = 268 000 (rounded) TWO HUNDRED SIXTY-EIGHT THOUSAND DOLLARS Exposure Time to Sell at the Valued Amount:Nine (9) to Twelve (12)Months. 59 CERTIFICATION I certify that, to the best of my knowledge and belief,the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal,unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no bias or personal interest with the parties involved. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475,Part II F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property on June 27,2020. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this report. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the requirements of the continuing education program of the Appraisal Institute. Continuing educational requirements are also completed for the American Society of Appraisers and the State of Florida. July 18,2020 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-CertifiedGeneralReal Estate Appraiser No. RZ-85 July_ 18,2020 Claudia Vance,MAI Florida State-Certified General Real Estate Appraiser No.RZ-173 60 ADDENDA CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report,subject to the limiting conditions hereafter cited,are correct to the best of the writers'knowledge. 1. The undersigned have personally visited the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included,the subject is analyzed as though free and clear of liens and encumbrances. 3. No responsibility is assumed for legal matters,nor is an opinion of title rendered. Title is assumed to be good and held in Fee Simple. 4. Legal descriptions and property dimensions have been furnished by others;no responsibility for their correctness is assumed. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not carry with it the right of publication,duplication,or advertising using the writers' names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Improvements,if any,are those noted and reported on the date of inspection. 9. The value or values estimated apply ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present,past or contemplated interest in the subject of this report. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses,opinions and conclusions were developed,and this report has been prepared,in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. The existence of potentially hazardous material used in the construction or maintenance of buildings,such as the presence of urea formaldehyde foam insulation,and/or existence of toxic waste,which may or may not be present on the property,has not been considered. Additionally,soil or sub-soil contamination may exist from current or prior users,or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey,Endangered Species Survey,or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use,and possibly,value of the appraised property. The appraisers are not qualified to identify these factors. We recommend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B.Vance,Jr.and Claudia Vance were responsible for the analyses,conclusions,and opinions of real estate set forth in this report. (No one else provided significant professional assistance to the report signers). 16. The Americans with Disabilities Act(ADA)became effective January 26,1992. We have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property would reveal that the property is not in compliance with one or more of the requirements of the act,which could reduce property value. 17. Prospective value estimates are based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events that might alter market conditions upon which market value has been estimated. 18. The appraisers certify that they have the knowledge and experience required to perform this appraisal assignment. 19. The appraiser reserves the right to amend or change this report at any time additional market information is obtained which would significantly affect the value opinion. Jesse B.Vance,Jr.,MAI,SRA,ASA State-Certified General Real Estate Appraiser No.RZ 85 July 18,2020 &�a 1 z 0 alll:��W/�— Claudia Vance,MAI State-Certified General Real Estate Appraiser No.RZ 173 July 18,2020 62 as = a4) " ° Z m Q a5!'y+ Y J S a5 LL Zcc E cc T C N N O w b0 ¢ 0 6 s 3 3 ° N c a Q � x o �c 00 m ai 4) cpm 6 w E_.a g ¢ oo ° a c ° � °o E — Q c c 4) y�o = Oas E ° ° � 4) E w¢ W'- cc ° ° ° ¢ a) LL`� °p0 w Q N O m '6 ,O ,O O 3 o O J p_a ) N O.rte+ U N O!' O W N 11 U U N O -1 R .6 N N O C O t > O a5 cc a5 E a5 w 4 U LL'6"°" +'�- ai ° ° acc 3 tt ° c v:: LL N .� LL 3 lu � '- m d > �'>' °� Ta c a O v cc E is c ¢ 4 ° bcc Eai o �:E� o < LL O O U U C. S = '6 a5 S m ti a) N p m C LL +L+ N m E'6 > c o o¢ �'o 4) c E d m O LL l6 „t0, N N Z °O E m ° 0 V O W '06 m ti U ¢ l6 C a) C a5 N '6'26 a)°"' E cc U > a5 0 0 Q ° �. c N C O S a) LL C O C U Y O R '6 C R y�j C :6 0 .O .6 T 2 c N l+- > 0 1!)0 O a) E E Z m LL O C w U LL '�'to "�" m J D N ~ O N ~ m D CU C m o m a5 a5 m Q 1!7 E O O Q l6 N o ¢m .. ¢ as ° a) v 3 3 0 o c N N LL o .� .,� a cc.6 N'� u°i�°- c ° o Z t c y o c c as aa)) as as o as a° u° ° Yn a N = o c 0 as a:3 °.o <u c ° E c ¢ no a as a cc as . cc $ E 4 N — a1 N m t m N N m .� m N O a5 O cc ° �O >. 'OA ° c N " ¢ > N C V CJ N m m Iii) w (r O O'6 a5 LL�t U ¢yy}}}�J ¢ ¢ W ¢ U J U U m J U n. S 0 Z J IyJ C ° U E > .�,.-a a) l6 yam.+,M U E-0 a) >' '6 l6 C C F a 3"- ° ° 3�i °> o_° E ui O R 4 = N V)J INq z O O E O 0 E C C H= LL Z ° m_ 'cc ) fl- O ui O s w 2 LU 0 w °° E cc Z ' o a)" ¢ �s Qnai s ws 1-s Q �w a v o»° avt � �a cc 0 ° LLQ wQ_ Q wU OQ d E� c2 ° oax) ~ E Ea d cc c I J 0 a a ¢ :5 Qp w Cls LL Q t.'on) t � Em :E-a)Q D) �U nQ1 s O � 1- � F-"0 F ns F- cc 3 ��-n LU LU O O U)J V) �LL O im t � iii v �.t f r Cl) Cys�- �—� LL Luz LU N LL ® i M 1..� Sf - t, 1. hilj t, k 1 } Si " CD LU LL CD ca z O C1i \ r �I .� 4 - - ( rs� y r cuO o cu N R! $ �- LO 0 LOQ CU i 1 N T N Z E. R-2 Single and Two-family Residential District. 1. General. The purpose of the R-2 zoning district is to implement the medium density residential (MeDR) future land use map (FLUM)classification of the Comprehensive Plan. The intent of this conventional district is to stabilize and protect existing residential neighborhoods with densities no greater than ten(10)dwelling units per acre, and allowing limited types of non- residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3,Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS R-2 District Minimum lot area(per unit): 4,500 s.f.1 Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet2 Rear: 25 feet3 Interior side: 10 feet2 Corner side: 25 feet 2,3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum Floor Ratio Area (FAR) 0.104 Maximum structure height: 25 feet 1 Single-family dwellings shall be constructed on lots that are no less than six thousand(6,000)square feet. 2 Pursuant to Section 8.B.below,parcels that have frontage on Martin Luther King Jr.Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front,side interior,and side corner setbacks in accordance with the mixed use-low intensity 1 zoning district(see Section 6.11.below). 3 On corner lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However,where orientation of adjacent lots on both street frontages provide typical front yard setbacks,the comer lot shall provide for front yard setbacks along both streets. when two(2)front yard setbacks are provided for on a corner lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. 4 A floor area ratio(FAR)up to 0.10 maybe considered for non-residential uses allowed within the R-2 district (see "Use Matrix"—Chapter 3,Article IV, Section 3),pursuant to the medium density residential land use category of the Comprehensive Plan. 5 Not to exceed two(2)stories. 64 D. R-1 Single-family Residential District. 1. General. The purpose of the R-1 zoning district is to implement the moderate density residential (MoDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half(7.5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-8). The following lot and setback requirements shall be observed: BUILDING/SITE REGULATIONS R-1 District Minimum lot area: a 6,000 s.f. Minimum lot frontage: 60 feet Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building additions:I Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Comer side: 25 feet2 Minimum living area: 1,200 s.f. Maximum lot coverage: 50% Maximum structure height: 30 feet 65 ' 3 J O a x ++ d d d d z z z z to w w z z E U •• a Q YC to YC YC o O to O N [— to O y O c� O c v �1. O o O Q. M y 00 O m � U VI o kn I LL O O O �cc 0 mo `n U •� O OO o ffQ .. Imo . . ori, "' o O N o d �m a � � r-: z to z W ch U oO o 0 O d to O t d Q rx Q z �o 1:T z z U Qo o ttn z oo r- 1:T z O O o O O DD t Q �� i z 01 01 -- z I O O a0 r. Cd Q Qz "O c. Q. $.. c� O fy (� U U Cd p �' Q s .. bD O O Q C/1 tom~" O s. _ _._ U 3 .3u � GTr140. z z z z z z z z 00 w w w w z z z z z • � � d d d d d d d d w w w w z z z z z 00 z z z z z z z z N N N N O z z z z z z z z U O / O O O O O M O O M N r- N N Fri N kn to kn kn M kn kn 44 O O N kn O by o 0 0 0 0 0 0 0 N N O O O O O <M O O N N v A4 0 0 0 0 0 0 0 0 M N -•� N N �n �n �n �n �n M �n �n Cd �. .-. OCd O V N 4 Cdto to L" o O .. C7 U U U w r� r� U rx U ---� EJ Sec. 11. Nonconforming Regulations. A. Lots and Parcels. 1. R-1 District, R-IA District, R-2 District, and R-3 District. A detached single-family dwelling may be constructed on any parcel located in an R-1, R-1 A, R-2, or R-3 district, provided that it meets all of the following requirements: a. The parcel contains at least one (1)whole platted lot,platted prior to August 7, 2001; b. The parcel, or assemblage of platted parcels which individually meet the requirements of paragraph a. above, has a frontage of not less than fifty (50) feet, and a lot area of not less than five thousand(5,000) square feet(irregular, other than rectangle-shaped lots with less than five thousand(5,000) square feet of area may be developed if in conformance with all other lot regulations); c. All such parcels, when developed, shall comply with all provisions of the Land Development Regulations and applicable building code regulations, including without limitation sections of the building code regulations regarding the impact of construction and drainage on or to adjacent properties. -- N 2. R-2 District. Within R-2 districts, in subdivisions platted prior to the effective date of these Regulations, where the platted lots have a frontage of at least forty (40) feet but less than fifty (50)feet,the following rules shall apply: a. A detached single-family dwelling may be constructed on any such parcel,provided that the parcel contains at least one (1)whole platted lot. b. A duplex dwelling may be constructed on any parcel,provided that it meets the following requirements: (1) The parcel contains at least two (2)whole platted lots; (2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels to become nonconforming or more nonconforming. c. For any parcel, lot, or combination of lots, where the total frontage is equal or greater than one hundred twenty (120)feet, and the total area is greater than twelve thousand(12,000) square feet, said property shall not be developed except in accordance with the minimum frontage and lot area required in the R-2 zoning district. d. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of these Regulations. 3. R-I AA District. A detached single-family dwelling may be constructed on any parcel located in an R-1 AA district,without requiring a variance,provided that it meets the following requirements: a. The parcel contains at least one (1)whole platted lot. b. The parcel has a frontage of not less than sixty (60) feet,and a lot area of not less than six thousand, seven hundred fifty (6,750) square feet in area. c. It would not be possible to acquire property from adjacent parcels so as to make the subject parcel conforming,without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming. For any parcel or lot, or combination of lots under the same ownership, where the total frontage and the total area is equal to or greater than that which is required by the R-IAA district building and site regulations, said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district. Not more than one (1)parcel or lot, or combination of lots under the same ownership,that is nonconforming but which meets the requirements under b. above may be developed for a single- family house. 68 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 1 of 3 Sec. 2. Standards. A. General. 1. Rules and Methodology. a. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in this article. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use,plus the floor area occupied by all other enclosed spaces, including but not limited to storage rooms,maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. b. Where several principal uses exist in one (1) structure or on one (1) lot,parking space requirements shall be computed separately for each principal use,unless stated otherwise in this article. Where parking spaces are required in this article for each of several principal uses that commonly occur together,this is done for the purpose of clarification only, and shall not limit the application of the requirement contained in this paragraph. c. A use shall be considered a principal use, for the purposes of this subsection, if it could exist separately from all other uses in the same structure or on the same lot, and would by itself generate significant parking demand. d. Where several principal uses exist in one (1)building or part of a building, and the floor area of each principal use cannot be clearly delineated,the parking space requirement for the use requiring the greatest number of parking spaces shall apply. e. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the Director of Planning and Zoning or designee. f. Where the number of required parking spaces as computed includes a fraction,the number of required parking spaces shall be the computed number rounded to the next highest whole number. g. Except as provided in Section 3.E. below,there shall be provided, at the time of the erection of any structure or establishment of any use, a number of off-street parking spaces in accordance with the following minimum requirements,and subject to the parking requirements of this subsection. Where a structure or use is enlarged or increased in capacity by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or which requires additional parking spaces,the minimum number of parking spaces shall be computed by applying these requirements to the entire structure or use. 2. Minimum Number of Required Off-Street Spaces for Non-Residential Uses. No fewer than four(4)parking spaces shall be provided for any non-residential use. 3. Location of Off-Street Parking Areas. a. Residential. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. b. Non-residential. Required parking spaces for all non-residential uses shall be owned by the owner of the building or lot to be served,and shall be located on the same lot, or not more than three hundred(300) feet distance,unless the property is located within those areas defined within the adaptive re-use section of the Code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within three hundred(300) feet of the use in which they serve, subject to Board and City Commission approval,and the property shall be posted with signage indicating to patrons the location of the leased parking. B. Table 4-17. Residential and Lodging Uses. Residential and Lodging Uses Standard Number of Required Parking Spaces 69 h4://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 2 of 3 Building area size is based upon gross floor area(in square feet)unless specifically expressed otherwise. Single-family,duplex dwelling,or mobile home: 21 Efficiency or one (1)-bedroom apartment: 1.5 1,2 Within mixed use high district: 1.332 Two (2) or more bedroom apartment: 21,2 Within mixed use high district: 1.661'2 Dormitories: 1 per unit Hotel&motel units containing one (1)-bedroom: 1.25 per unit Within mixed use high district: 1 per unit Hotel& motel suite containing two (2) or more 2 per unit bedrooms: Within mixed use high district: 1 per unit Group home(types 1 through 4): 1 per 3 beds Bed&breakfast: 13 Live/work unit: 1 per 2 units4 1 Residential driveways shall satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi-family dwelling units containing garages,provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. For all required parking spaces not located within an enclosed garage, the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and corner side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter 2,Article II, Section S.B.; however, any driveway expansion(or similar impervious surface)that is equal to or greater than eight hundred(800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway,proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article III, Section 4. 2 Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three (3)or more dwelling units. 3 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one (1)parking space for each guest unit. Newly created parking may be located only in the rear and side yard. 70 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 3 of 3 4 In addition to the required parking for the residential unit,the city requires that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot,built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. 71 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... 1/8/2015 SUMMARY OF 2020-2021 USPAP(Uniform Standards of Professional Annraisal Practicel Standard Rule 2: Real Property Annraisal. Re on rting In reporting the results ofa real property appraisal, an appraiser must communicate each analysis, opinion, and conclusion in a manner that is not misleading. STANDARD 2 addresses the content and level of information required in a report that communicates the results of the real property appraisal. STANDARD 2 does not dictate the form,format, or style of real property appraisal reports. The substantive content ofa report determines its compliance. STANDARDS RULE 2-1 Each written or oral real property appraisal report must: (a) clearly and accurately set forth the appraisal in a manner that will not be misleading; (b) contain sufficient information to enable the intended users of the appraisal to understand the report properly; and (c) clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment. STANDARDS RULE 2-2 Each written real property appraisal report must be prepared under one of the following options and prominently state which option is used.Appraisal Report or Restricted Appraisal Report. An appraiser may use any other label in addition to, but not in place of, the labels set forth in this Standards Rule for the type of report produced. The use of additional labels such as analysis, consultation, evaluation, study, or valuation does not exempt an appraiser from adherence to USPAP. The report content and level of information requirements in this Standards Rule are minimal for each type of report.An appraiser must supplement a report form, when necessary, to insure that any intended user of the appraisal is not misled and that the report complies with the applicable content requirements. (a) The content of an appraisal report must be appropriate for the intended use or the appraisal and, at a minimum: (i) state the identity of the client, or if the client requested anonymity, state that the identity is withheld at the client's request but is retained in the appraiser's workfile; (ii) state the identity ofany other intended users by name or type; (iii) state the intended use of the appraisal; (iv) contain information, documents, and/or exhibits sufficient to idents the real estate involved in the appraisal, including the physical, legal, and economic property characteristics relevant to the assignment; (v) state the real property interest appraised; (vi) state the type and definition of value and cite the source of the definition; (vii) state the effective date of the appraisal and the date of the report; (viii)summarize the scope of work used to develop the appraisal; ()x) summarize the extent of any significant real property appraisal assistance; 72 SUMMARY OF 2020-2021 USPAP(Uniform Standards of Professional Annraisal Practicel Standard Rule 2: Real Property Annraisal. Re on rting (x) provide sufficient information to indicate that the appraiser complied with the requirements of STANDARD I by: (1) summarizing the appraisal methods and techniques employed; (2) stating the reasons for excluding the sales comparison, cost, or income approach(es) if any have not been developed; (3) summarizing the results of analyzing the subject sales, options, and listings in accordance with Standards Rule 1-5; (4) stating the value opinion(s) and conclusions(s); and (S) summarizing the information analyzed and the reasoning that supports the analyses opinions, and conclusions, including reconciliation of the data and approaches; (xi) state the use of th real estate existing as of the effective date and the use of the real estate reflected in the appraisal; (xii) when an opinion of highest and best use was developed by the appraiser, state that opinion and summarize the support and rationale for that opinion; (xiii) clearly and conspicuously: • state all extraordinary assumptions and hypothetical conditions, and • state that their use might have affected the assignment results, and (xiv)include a signed certification in accordance with Standards Rule 2-1. STANDARDS R ULE 1-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; b) analyze all sales of the subject property that occurred within the three(3) years prior to the effective date of the appraisal. 73 475.611 Florida Statutes: Definitions.- (1) As used in this part, the term: (a) "Appraisal"or"Appraisal Services" means the services provided by certified and licensed appraisers or registered trainee appraisers, and includes: 1. "Appraisal assignment" denotes an engagement for which a person is employed or retained to act, or could be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real property. 2. "Analysis assignment"denotes appraisal services that relate to the employer's or client's individual needs or investment objectives and includes specialized marketing, financing, and feasibility studies as well as analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, or real estate consulting. 3. "Appraisal review assignment"denotes an engagement for which an appraiser is employed or retained to develop and communicate an opinion about the quality of another appraiser's appraisal, appraisal report, or work. An appraisal review may or may not contain the reviewing appraiser's opinion of value. (b) "Appraisal Foundation" or "foundation" means the Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. (c) "Appraisal report" means any communication, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opinion, or conclusion relating to the nature, quality, value, or utility of a specified interest in, or aspect of, identified real property, and includes any report communicating an appraisal analysis, opinion, or conclusion of value, regardless of title. However, in order to be recognized in a federally related transaction, an appraisal report must be written. (d) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. (e) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended. (f) "Appraiser" means any person who is a registered trainee real estate appraiser, licensed real estate appraiser, or a certified real estate appraiser. An appraiser renders a professional service and is a professional within the meaning of 95,11(4)(a). (g) "Board" means the Florida Real Estate Appraisal Board established under this section. (h) "Certified General Appraiser" means a person who is certified by the department as qualified to issue appraisal reports for any type of real property (i) "Certified Residential Appraiser" means a person who is certified by the department as qualified to issue appraisal reports for residential real property of one to four residential units, without regard to transaction value or complexity, or real property as may be authorized by federal regulation. Q) "Department" means the Department of Business and Professional Regulation. 74 CFN 20190051232 OR BK 30415 PG 1784 RECORDED 02/13/2019 12:52:06 Palm Beach County, Florida AMT 10.00 DEED DOC 0.70 Sharon R. Bock CLERK&COMPTROLLER Pgs 1784-1785; (2Pgs) lj�O O Property ID#08�3- 21-30-002-0231 7- WANANTY DEED TO REVOCABLEUST 0 THIS INDEN ade this day of , 2019, by and between LOUIS KALLIANTAS, Sole O Grantor, party of the first part, and T LOUIS KALLIANTAS REVOCABLE TRUST, alliantas, Trustee, GRANTEE, mailing address is 407 NE 11 Street,Boynton Beach,FL 3 3812 party of the second part. D WITNESSETH WITNESSETH that the urge igned party does hereby certify under the penalties of perjury that the foregoing transfer 0Iterest is being made for no consideration. This no consideration deed transfers interest ' property under the terms of the grantor's revocable trust in which the grantor is a prim iciary. No person is assuming liability for debt or being relieved of liability for debt in thi saction. The party of the first part does hereby grant and convey,for no consideration,unto the parties of the second part,their heirs and assigns, in fee simple,all that piece or parcel of land, situate, lying and being in Palm Beach County,Florida, and being described as follows: North '/z of Lot 23 and the North '/z of Lot 24, less East ten feet thereof, Block 2, SHEPARD-FUNK ADDITION according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, recorded in Plat Book 2,Page 15,together with improvements located thereon and furniture,furnishings and fixtures located therein. LOUIS KALLIANTAS, GRANTOR, HEREBY WARRANTS THAT THE REAL PROPERTY DESCRIBED HEREIN IS HIS HOMESTEAD AND ENTITLED TO USE AND OCCUPANCY FOR HIS LIFETIME. This conveyance is subject to: 1. Real estate taxes, drainage, or reclamation district taxes and/or assessments and any other taxes and assessments imposed by any other taxing authority for the year 2019 and subsequent years. 75 CFN 20190051232 BOOK 30415 PAGE 1785 2OF2 O �Cqenants, Conditions, agreements, restrictions, plats, reservations, limitations, tcations, declarations,and existing zoning ordinances and easements of record uding, but not limited to, water, sewer, gas, electric, and other utility a ents of record,or pending municipal liens or other restrictions upon the use of roperty as may be imposed by governmental authorities having juris TOGETHEh the buildings and improvements thereupon,erected,made or being,and all rights, alleys, ways, waltm. privileges, appurtenances, and advantages to the same, belonging or in anyway appertaining. e said party of the first part covenants that they will warrant specially the property hereby cony and that they will execute such further assurances of said land as may be requisite. Q In Witness Whereof, OR has caused these presents to be executed, on this, the day and year first above written. eA LOUIS KALLIANTAS Q a th i Witness dress Print N e (f- r) . urs to r Ido U v�to n Ike c,c-� r Witness Address Print Name A-/46)l1 STATE OF FLO D COUNTY OF The foregoing instrument was acknowledged before me this day ofe I IL 20 by LOUIS KALLIANTAS, who: _ is personally known to me; produced a Florida driver's license;_other aside catio �,. ' Steven B. Grant - �`'�,�.; Notary Public N� COMMISSION 4fF22 2 WIRES: AprV 23, 200 V? 4111f;r``� www.AARomNoTAny.com Print Name My Commission expires: 76 Page 1 of 5 Vance Real Estate Service ANWONNNOMMIL 9 Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser - Real Estate Analyst - Reviewer - Expert Witness Vance Real Estate Service - 7481 NW 4 Street - Plantation - Florida - 33317 Office: 954.583.2116; Cell: 954.610.2423; Email: vanceval(a,comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Currently registered in"SAM" (U.S. Government System for Award Management—DUNS 826494957).Designated appraisers perform the appraisal work,no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers,we perform most other real property functions.We also do"Valuations for Financial Reporting." PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/DEGREES/LICENSES&CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS(RE-Urban)4003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER 4RZ-85(Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO.BK.91050 REGISTERED VETERAN-OWNED SMALL BUSINESS(CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE(Minority Business Enterprise-MBE) FLORIDA"D.E.P."APPROVED APPRAISER Currently registered in"SAM"(U.S.Government System for Award Management). B)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1.U.S.Court of Appeals,Eleventh Circuit 2.U.S.District Court,Southern District of South Florida 3.U.S.District Court,New Jersey 4.U.S.Bankruptcy Court,Southern District of Florida 5.U.S.Bankruptcy Court,District of New Jersey 6.U.S.Bankruptcy Court,Western(Pittsburgh)Division of Pennsylvania 7.Florida Circuit Courts:Broward,Dade,Palm Beach,Lee,Collier,Martin,and Okeechobee Counties 8.Appraiser on landmark eminent domain cases:TESSLER,NESS TRAILER PARK,PATEL,SIMPSON v. FILLICHIO,RUBANO,PALM BEACH COUNTY(FL)vs.COVE CLUB INVESTORS,LTD. C)EXPERIENCE Over thirty-five(35)years appraising and analyzing real property interests in South Florida Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS &NURSING HOMES, VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR) VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF-STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS,etc. 77 Page 2 of 5 D)PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landmark Bank; City National Bank; BankUnited; Gateway American Bank; State Farm Bank; Englewood Bank & Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH,COLLIER, OKEECHOBEE;BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS;OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY,STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION(DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U_S. TREASURY DEPARTMENT(General Counsel, I.R.S.);U.S.MARSHAL'S SERVICE—U.S.ATTORNEY'S OFFICE CENTRAL DIVISION—U.S.Dept.of Justice; VETERANS ADMINISTRATION E)EDUCATIONAL BACKGROUND-(Partial List) BACHELOR OF ARTS- Earlham College,Richmond,Indiana(1954) MBA(Nova University) - Real Estate Management&Development(National Dean's List 1991) Course 1 (AIREA) - Basic Principles of Appraising Course 2 (AIREA) - Urban Property Valuation(Income) Course 4 (AIREA) -Condemnation Appraising Course 6 (AIREA) - Income Capitalization&Analysis Course 101(SREA) - Introduction to Appraising Course 201(SREA) - Income Property Valuation,Theory Course 202(SREA) - Applied Income Property Valuation Course 301(SREA) - Applications/Appraisal Analysis Symposium (SREA) - Market Analysis,1978,Virginia Symposium (SREA) - Market Analysis,1979,Arizona Symposium (SREA) - Market Analysis,1980,South Carolina Symposium (SREA) - Market Analysis,1981,Tennessee Symposium (SREA) - Market Analysis,1982,New Mexico Symposium (SREA) - Market Analysis,1983,Pennsylvania Symposium (SREA) - Market Analysis,1984,Georgia Symposium (SREA) - Market Analysis,1985,Vancouver,B.C. Symposium (SREA) - Market Analysis,1986,New Jersey Clinic (SREA) -#201 Instructor,1987,U.of Illinois Clinic (SREA) -#201 Instructor,1988,Illinois Seminar (SREA) - Professional Practice,1988,Florida Symposium(SREA) - Market Analysis, 1988,California Symposium(SREA) - Market Analysis, 1989,Minnesota MBA Graduate School Courses: 1990—1991 Successfully completed the following graduate school courses: - "Regulation of Real Estate Development" - "Real Properties Management" - "Legal Issues In Real Estate" - "Market Analysis and Site Selection" - "Organizational Behavior and Management' - "Human Resource Management" - "Real Estate Economics" -"R.E.Finance:Instruments,Institutions&Investment Analysis" - "Urban Infrastructure&Environmental Analysis" - "Real Estate Accounting" - "Marketing Management for Real Estate" - "Commercial Real Estate Lending" - "Construction Technology and the Building Development Process" SEMINAR (AI) - Cost Approach(1992/Boston) SEMINAR (AI) - Rates&Ratios(1992/Boston) SEMINAR (AI) - International Appraising(1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial(1993) SEMINAR (AI) - ADA ACT(1993/Reno) SEMINAR (AI) - Hotel Valuation(1993) SEMINAR (AI) - Income Capitalization,Methods(1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation(1994) SEMINAR (AI) - Verifying Market Data(1994) SEMINAR (AI) - Market Studies for Appraisals(1994) SEMINAR (AI) - Florida Appraiser Core Law(USPAP/1994) 78 Page 3 of 5 E)EDUCATIONAL BACKGROUND-(Partial List,continued) SEMINAR (AI) - Limited Appraisals&Reports(USPAP/1994) SEMINAR (AI) - Public Safety&Property Values(1995) SEMINAR (AI) - Outparcel Valuation(1995) SEMINAR (AI) - Computer Technology Video Conference(1995) SEMINAR (AI) - The Internet&the Appraiser(1996) SEMINAR (AI) - Florida Commercial Construction(1996) SEMINAR (AI) - Real Property Rights in Florida(1996) COURSE (AI) - USPAP&Florida Real Estate Core Law(1996) SEMINAR (AI) - Valuation of Trees(199 7) 3-DAY COURSE - Environmental Permitting/Mitigation/Mitigation Banking/Contamination Risk Management- Liability/Wetlands/Hazardous Wastes/LenderLiability(1997/Marco Beach.FL) SEMINAR(AI) -Valuation of Transferable Development Rights[TDR's](1997) COURSE (AI) - Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) - Non-Conforming Uses(1998) SEMINAR(AI) - The Impact of Contamination on Real Estate Value(1998) COURSE (AI) - USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) - Econometrics/Statistical Valuation Methods(1999) COURSE (AI) - 14 Hour(2-day)Advanced Spreadsheet Modeling for Valuation Applications SEMINAR(AI) - Globalization of Real Estate/What U.S.Appraisers Need to Know(1999) SEMINAR(AI) - The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) - Technology Forum Part II/Intermediate(1999) SEMINAR(AI) - Client Satisfaction/Retention/Development(1999) SEMINAR(AI) - Attacking and Defending an Appraisal(1999) SEMINAR(AI) - Federal Appraisal Requirements("Yellow Book')(2000) SEMINAR(AI) - Regression Analysis in Appraisal Practice:Concepts&Applications(2000) SEMINAR(AI) -Analyzing Income Producing Properties(2000) SEMINAR(ATIF) - 1031 Tax Deferred Exchanges(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) - Mediation&Alternate Dispute Resolution Seminar(2001) SEMINAR(AI) - State of the Appraisal Profession(2001) 2-Day SEMINAR - Eminent Domain,by CLE International,Tampa,Florida(200 1) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) -Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) -7 Hour National USPAP Update Course#1400(2004) SEMINAR(AI) -Inverse Condemnation(2004) SEMINAR(AI) -Appraiser Independence in the Loan Process(2004) SUMMIT (AI) -Moderator at 2-day Appraisal Summit in Washington,D.C.(12/2004) SEMINAR(AI) -Loss Prevention Program for Real Estate Appraisers(2005) SEMINAR(AI) -Valuation of Wetlands(7/2005) SEMINAR(AI) -Tri-County Residential Symposium(8/2005) SEMINAR(AI) -"Cool Tools"Internet Resources and Use for Valuation(2/2006) SEMINAR(AI) -FREAB 7-Hour National USPAP Update(5/2006) SEMINAR(AI) -FREAB 3-Hour Florida State Law for Real Estate Appraisers(5/2006) SEMINAR(AI) -USPAP Scope of Work&New Requirements(8/2006) SEMINAR(AI) -USPAP Reappraising,Readdressing&Reassigning Appraisal Reports(2/2007) SEMINAR(AI) -Al Summary Appraisal Report/Residential(4/07) COURSE(Fla..) -14-Hour Continuing Education(including 3-Hour Florida Core Law)(7/2007) SEMINAR(AI) -Real Estate Fraud:Appraisers Beware!(8/2007) SEMINAR(AI) - Florida Law for Real Estate Appraisers(11/2007) COURSE(AI) -Business Practices and Ethics—8 hours(12/2007) SEMINAR(AI) -Supervisor Trainee Roles and Rules(2/2008) SEMINAR(AI) -7 Hour National USPAP(4/2008) SEMINAR(AI) -USPAP Hypothetical Conditions&Extraordinary Assumptions(5/2008) SEMINAR(AI) -Litigation Skills for the Appraiser—7-Hour Seminar(9/2008) SEMINAR(AI) -Public Sector Appraising(2/2009) 79 Page 4 of 5 E)EDUCATIONAL BACKGROUND-(Partial List,continued) WEBINAR(AI) -Develop an Effective Marketing Plan(3/2009) SEMINAR(AI) -Inspecting the Residential"Green House"(4/2009) SEMINAR(AI) -Property Tax Assessment(5/2010) SEMINAR(AI) -Supervisor Trainee Roles and Rules(7/2010) SEMINAR(AI) -Florida Law for Real Estate Appraisers(7/2010) SEMINAR(AI) -7-Hour Introduction to Valuation for Financial Reporting—Chicago(5/2009) SEMINAR(AI) -Government Regulations&Their Effect on R.E.Appraising(8/2009) SEMINAR(AI) -R.E.Market:How We Got Here,Where We Are,Where We're Going(10/2009) SEMINAR(AI) -7 Hour National USPAP Update Course(10/1/2010) COURSE (AI) -7 Hour Introduction to Conservation Easement Valuation(12/10/2010) SEMINAR(AI) -The Real Estate Market(2/18/2011) COURSE (AI) - 16 Hours Uniform Appraisal Standards for Federal Land Acquisitions("Yellow Boob')(2/25-26/2011) WEBINAR(AI) -Real Estate Industry Perspectives on Lease Accounting(4/7/2011) COURSE (AI) - 15 Hour Appraisal Curriculum Overview(5/19-20/2011) WEBINAR(AI) -2-hour Investment Property Accounting Standards(6/8/2011) SEMINAR(AI) -3 Hour Spotlight on USPAP—Agreement for Services(7/15/2011) COURSE (AI) - 14 Hours(2-day)Advanced Excel Spreadsheet Modeling for Valuation Applications(9/22&9/23/2011) SEMINAR(AI) - Trial Components(11/4/11) SEMINAR(AI) - Lessons from the Old Economy Working in the New(1/20/2012) 7-Hour USPAP -National USPAP Update(3/9/2012) 3-Hour Fla..Law -State Law Update(3/9/2012) SEMINAR(AI) - Appraisal Review for General Appraisers(4/12/2012) SEMINAR(AI) - Land Valuation(4/20/2012) SEMINAR(AI) - The Valuation of Warehouses(6/22/2012) SEMINAR(AI) - Town Hall Meeting:2012 Appraisal Institute Forum(7/12/2012) SEMINAR(AI) - IRS Valuation(7/19/2012) SEMINAR(AI) - 7 Hour Business Practices and Ethics Course(12/7/2012) SEMINAR(AI) - Real Estate Forecast 2013(1/25/2013) COURSE(AI) - 7 Hour Advanced Marketability Studies(5/6/2013) SEMINAR(AI) - Developing a Supportable Workfile(11/15/2013) SEMINAR(AI) - Florida Appraisal Law Course(2/7/2014) SEMINAR(AI) - Liability Issues for Appraisers performing Litigation&Non-Lending Work(2/24/2014) COURSE(AI) - 7 Hour National USPAP Update Course(4/25/2014) SEMINAR(AI) - Economic Conditions(5/16/2014) SEMINAR(AI) - Fundamentals of Going Concerns(7/16/2014) SEMINAR(AI) - Litigation Assignments for Residential Appraisers(7/24/2014) SEMINAR(AI) - Economic Engines of Miami-Dade County,Florida(1/23/2015) SEMINAR(AI) - Economic Engines Driving Broward County,Florida(5/15/2015) 3-Hour Fla.Law - Florida Real Estate Broker 14-hour Continuing Education Course (incl.3 hour core law)with exam(9/2015) SEMINAR(AI) -Drone Technology&its Effect on Real Estate Valuations(11/2015) SEMINAR(AI) -Loss Prevention for Real Estate Appraisers(1/22/2016) COURSE(AI) -7-Hour National USPAP Update Course(4/22/2016) SEMINAR(AI) -3-Hour Florida Appraisal Law(4/22/2016) SEMINAR(AI) -4-Hour Appraisals in the Banking Environment(5/6/2016) SEMINAR(AI) -Appraising the Tough One:Mixed Use Properties(8/19/2016) SEMINAR(AI) -4-Hour Business Practices&Ethics(12/02/2016)5-Year Requirement WEBINAR(AI) -2-Hour Yellow Book Changes—Overview for Appraisers(1/11/2017) SEMINAR(AI) -3-Hours Economic Engines Driving Broward County in 2017(1/27/2017) COURSE(AI) -7-Hours:Introduction to Green Buildings Principles&Concepts(2/24/2017) COURSE(AI) -4 Hours:Another View of the Tough One:Sales Comparison Approach for Mixed-Use Properties(5/19/2017) SEMINAR(AI) -4 Hours:Appraising for Federal Office of Valuation Services&Yellow Book Review(8/18/2017) COURSE(BR) -14 Hours Real Estate Continuing Education,including 3-Hour Florida Real Estate Core Law(9/13/2017) COURSE(AI) - 4-Hours:2-4 Unit Small Residential Income Property Appraisals(11/3/2017) COURSE(AI) - 15 Hours"Yellow Book"Unifonn Appraisal Standards for Federal Land Acquisitions—Passed Exam(11/10/2017) SEMINAR(AI) - 3 Hours"Hot Topics and Myths in Appraiser Liability"(1/26/2018) COURSE(AI) - 7-Hour National USPAP Update Course(2/9/2018) SEMINAR(AI) - 3 Hours Florida Appraisal Law(2/9/2018) SEMINAR(AI) - 3 Hours"Parking Impact on Florida Properties"(5/4/2018) SEMINAR(AI) - 4 Hours"Technology Tips for Real Estate Appraisers"(9/21/2018) SEMINAR(AI) - 3 Hours "Airport Appraisals) (01/25/2019) SEMINAR(AI) - 4 Hours"Understanding an Investigation by a State Appraiser Regulatory Board or Agency(5/17/2019) SEMINAR(AI) - The 50%FEMA Appraisal Rule(8/23/2019) COURSE (BR) - 14 Hours Required Education(8 hrs.Specialty Education;3 hrs.Core Law,3 hrs.Business Ethics(9.3.2019) SEMINAR(AI) - Artificial Intelligence,AVMs,and Blockchain:Implications for Valuation. (1/24/2020) 80 Page 5 of 5 F)APPRAISAL TEACHING EXPERIENCE Licensed by the Florida Department of Education to Teach(Certificate No.275236). Authored and taught Residential and Commercial Real Estate Appraisal Courses for Broward County Adult Education Program. Taught Course 101 - Society of Real Estate Appraisers. Taught Course 201 - Society of Real Estate Appraisers. Taught Appraisal Seminars-Board of Realtors,ASA, SREA,and Al (Appraisal Institute). Adjunct Professor, University of Florida Division of Continuing Education: (taught Course 2, "Real Estate Principles and Practices" to prospective Florida Real Estate Brokers). G)PROFESSIONAL OFFICES HELD/AWARDS NATIONAL B.O.D.MEMBER - BOARD OF DIRECTORS of APPRAISAL INSTITUTE (2006-2008) AWARD - Appraisal Institute`NATIONAL PRESIDENTS AWARD"2008 AWARD - Appraisal Institute"LIFETIME ACHIEVEMENT AWARD"2011 For"high ethical standards,contributions to the Appraisal Institute,Community and Appraisal Profession for at least 20 years." CHAIR - REGION X -All of Florida -Appraisal Institute(2008) VICE-CHAIR - REGION X -All of Florida -Appraisal Institute(2007) THIRD DIRECTOR - REGION X -All of Florida -Appraisal Institute(2006) FINANCE OFFICER - REGION X—All of Florida—Appraisal Institute(2006) PRESIDENT - BROWARD COUNTY,SOCIETY OF REAL ESTATE APPRAISERS PRESIDENT - BROWARD COUNTY,AMERICAN SOCIETY OF APPRAISERS CHAIR - FLA.STATE GOVERNMENT RELATIONS SUBCOMMITTEE OF Al CHAIR - FLA.STATE LEGISLATION&REGULATION SUBCOMMITTEE OF Al G)PROFESSIONAL OFFICES HELD/AWARDS CHAIR - FLORIDA REALTORS COMMITTEE ON COMMITTEE REFORMS CHAIR - EDUCATION COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - CANDIDATES GUIDANCE COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - NATIONAL Valuation for Financial Reporting PROJECT TEAM OF Al VICE CHAIR&MEMBER - NATIONAL GOVERNMENT RELATIONS COMMITTEE OF Al(15 Years) MEMBER - NATIONAL LONG RANGE PLANNING COMMITTEE OF Al MEMBER - NATIONAL PUBLIC AFFAIRS COMMITTEE OF Al DIRECTOR - REGION X(Florida)Appraisal Institute MEMBER - REGION X(FLORIDA)ETHICS AND COUNSELING PANEL DIRECTOR - BROWARD COUNTY,FLORIDA SOCIETY OF REAL ESTATE APPRAISERS DIRECTOR - SOUTH FLORIDA CHAPTER AMERICAN SOCIETY OF APPRAISERS MEMBER - NATIONAL EXPERIENCE REVIEW PANEL MEMBER OF Al SPECIAL MASTER - BROWARD COUNTY BOARD OF TAX ADJUSTMENT COMMISSIONER - 17TH JUDICIAL CIRCUIT COURT,Broward County,FL MEMBER - 2013 APPRAISAL INSTITUTE NATIONAL BUSVAL PROJECT TEAM H)PROFESSIONAL PUBLICATIONS&PRESENTATIONS Wrote and taught a basic Residential Appraisal Course for the Broward County Adult Education Div.of the Dept.of Education; Wrote and taught an Income Appraisal Course for the Broward County Adult Education Division of the Department of Education; Co-authored and taught an appraisal course on Mortgage-Equity Capitalization for the American Society of Appraisers. Authored and taught a Florida State and Appraisal Institute 3-hour accredited course in"The Legislation,Regulation and Appraisal of Real Property Rights in Florida September 7,1996. Presentation on"Gramm-Leach-Bliley"Federal Privacy Act of 1999 for South Florida Chapter of American Society of Appraisers on October 24,2001. Presented 3-hour Florida CEU-credit seminar on"Appraisers and the Gramm-Leach-Bliley Act"before the South Florida Chapter of the Appraisal Institute on July 27,2002. Presenter at 6.5 Hour CLE-credit Attorney Seminar on Florida Eminent Domain,"Valuation and Damage Issues" February 2,2006, Fort Lauderdale,Florida P CIVIC INVOLVEMENT MEMBER OF ROTARY INTERNATIONAL/PAUL HARRIS FELLOW MEMBER OF THE GREATER FORT LAUDERDALE OPERA GUILD MEMBER FLORIDA PHILHARMONIC BROWARD TRUSTEES MEMBER OF THE BROWARD COUNTY LIBRARY SUPPORT GROUP("BYBLOS") MEMBER CIRCLE OF FRIENDS—NOVA SOUTHEASTERN LIBRARY FOUNDATION MEMBER NOVA SOUTHEASTERN UNIVERSITY ALUMNI ASSOCIATION MEMBER OF THE FORT LAUDERDALE HISTORICAL SOCIETY MEMBER OF THE BROWARD COUNTY MUSEUM OF THE ARTS MEMBER OF THE FORT LAUDERDALE/BROWARD COUNTY CHAMBER OF COMMERCE MEMBER OF THE BETTER BUSINESS BUREAU OF SOUTH FLORIDA LIFETIME HONORARY MEMBER FLORIDA SHERIFF'S ASSOCIATION MEMBER NATIONAL&FT.LAUDERDALE COUNCILS U.S.NAVY LEAGUE U.S.ARMY VETERAN WWII(RA 1721268 1)-HONORABLE DISCHARGE 1949 81 I of Vance Beal Estate Service ir 01% Claudia Vance, MAI Appraiser - Real Estate Analyst Reviewer Vance Real Estate Service - 7481 NW 4 Street Plantation - FL - 33317 Office: 954.583.2116 Cell: 954.647.7148 Email:vanceval(a,att.net Web Site:www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Designated appraisers perform the appraisal work,no trainees. Our appraisals are used for financial/mortgage loan purposes from large mixed use complexes to small owner-occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B.Vance,Jr.,MAI, SRA,ASA and Claudia Vance,MAI are qualified as expert witnesses for eminent domain,deficiency judgments,marriage dissolution,and estates. Our firm values most types of real property interests,timely,professionally,and at competitive costs. PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/LICENSES MAI Designation-APPRAISAL INSTITUTE No.9451 State-Certified General Real Estate Appraiser No.RZ-173 Florida State Licensed Real Estate Broker No.BK 0161305 VOSB Veteran-Owned Small Business(CCR/Duns 826494957) B)WORK HISTORY 1983-Current Vice President-Vance Real Estate Service 1981-1983 President-The Appraisal Company,Fort Lauderdale,Florida C)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S.Bankruptcy Court,Southern District of Florida Florida Circuit Court:Broward County D)PROFESSIONAL DEVELOPMENT PROGRAM REGISTRIES Valuation of Sustainable Buildings: Cormnercial Valuation of Sustainable Buildings: Residential E)EXPERIENCE:35+years appraising and analyzing real property interests in South Florida. F)APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 Partial list of real property types valued: High value residences,Condominiums/Co-operatives,Office,Industrial,Multi-family,Restaurants/bars,Auto dealerships,City Centers, Hotels/motels, Houses of worship, Schools, Child care centers, Self-storage, Funeral home, Animal Hospital, Mixed use,Nursing homes,Gas sales stations,Marinas, Mobile home parks, Shopping centers, Country clubs/golf courses,Financial institutions,Bowling centers,Vacant land, Agricultural properties,Environmentally sensitive land Tvpes of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investment Analyses, Partial Interests, Easement Valuations,Estate planning,Marriage dissolution,Land use studies,Damage/Contamination studies 82 2 of G)PARTIAL LIST OF CLIENTS— PRIVATE: Individuals,Corporations,Attorneys,Accountants,Habitat for Humanity,Seminole Tribe of Florida COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust Citigroup; Space Coast Credit Union; State Farm Bank; Florida Shores Bank;American National Bank;Landmark Bank;City National Bank;Englewood Bank&Trust SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES,TITLE INSURANCE COMPANIES FLORIDA CITIES: Fort Lauderdale, Plantation, Cooper City, Deerfield Beach, Tamarac, Oakland Park, Wilton Manors, Davie,Hollywood,Pembroke Pines,Hallandale Beach,Lauderhill, Southwest Ranches,Miramar,Boca Raton,Boynton Beach, West Palm Beach,Delray Beach FLORIDA COUNTIES and AGENCIES: Broward,Palm Beach,Broward County Board of County Commissioners,School Board of Broward County,Broward County Housing Authority STATE OF FLORIDA Department of Transportation(FDOT),Department of Environmental Protection U.S.Department of Veterans Affairs,U.S.Department of Treasury(IRS),U.S Marshall's Service,U.S.Attorney Hl EDUCATIONAL BACKGROUND Academic: Bachelor of Arts Degree—University of New Orleans,New Orleans,LA—Major: English Professional: Symposium (SREA)- Market Analysis,1983,Philadelphia Symposium (SREA)- Market Analysis,1984,Atlanta Symposium (SREA)- Market Analysis,1985,Vancouver Symposium (SREA)- Market Analysis,1986,Atlantic City Symposium (SREA)- Market Analysis,1988,Los Angeles SEMINAR(AI) -Cost Approach(1992/Boston) SEMINAR(AI) -Rates&Ratios(1992/Boston) SEMINAR(AI) -International Appraising(1992/Boston) SEMINAR(AI) -Litigation Valuation/Mock Trial(1993) SEMINAR(AI) -ADA ACT(1993/Reno) SEMINAR(AI) -Hotel Valuation(1993) SEMINAR(AI) -Income Capitalization,Methods(1993) SEMINAR(AI) -Powerhnes/Electromagnetic Radiation(1994) SEMINAR(AI) -Verifying Market Data(1994) SEMINAR(AI) -Market Studies for Appraisals(1994) SEMINAR(AI) -Florida Appraiser Core Law(USPAP/1994) SEMINAR(AI) -Limited Appraisals&Reports(USPAP/1994) SEMINAR(AI) -Public Safety&Property Values(1995) SEMINAR(AI) -Outparcel Valuation(1995) SEMINAR(AI) -Computer Technology Video Conference(1995) SEMINAR(AI) -The Internet&the Appraiser(1996) SEMINAR(AI) -Florida Commercial Construction(1996) SEMINAR(AI) -1996 Data Exchange(1996) SEMINAR(AI) -Real Property Rights in Florida(1996) COURSE (AI) -USPAP&Florida Real Estate Core Law(1996) SEMINAR(AI) -Valuation of Trees(1997) SEMINAR(AI) -Valuation of Transferable Development Rights[TDR's](1997) COURSE (AI) -Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) -Non-Conforming Uses(1998) SEMINAR(AI) -The Impact of Contamination on Real Estate Value(1998) COURSE (AI) -USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) -Econometrics/Statistical Valuation Methods(1999) SEMINAR(AI) -Globalization of Real Estate/What U.S.Appraisers Need to Know(1999) SEMINAR(AI) -The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) -Technology Forum Part II/Intermediate(1999) SEMINAR(AI) -Client Satisfaction/Retention/Development(1999) SEMINAR(AI) -Attacking and Defending an Appraisal(1999) SEMINAR(AI) -Federal Appraisal Requirements(2000) SEMINAR(AI) -Regression Analysis in Appraisal P 83tice:Concepts&Applications(2000) 3 of4 H)EDUCATIONAL BACKGROUND(Continued) SEMINAR(AI) -Analyzing Income Producing Properties(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) -Mediation&Alternate Dispute Resolution Seminar(200 1) SEMINAR(AI) -State of the Appraisal Profession(2001) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) -Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) -National USPAP Course(2004) SEMINAR(AI) -Inverse Condemnation(2004) SEMINAR(AI) -Loss Prevention(2005) SEMINAR(AI) -Single Family Fraud Awareness(2005) SEMINAR(AI) -Guide to the new URAR form(2005) SEMINAR(AI) -Technologies for Real Estate Appraisers(2006) SEMINAR(AI) -The Appraiser's Role in New Urbanism(2006) SEMINAR(AI) -National USPAP Update(2006) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2006) SEMINAR(AI) -Scope of Work and the New USPAP Requirements(2006) SEMINAR(AI) -Energy Star and the Appraisal Process(2006) SEMINAR(AI) -Reappraising,Readdressing,and Reassigning Appraisals(2007) SEMINAR(AI) -Real Estate Fraud(2007) SEMINAR(AI) -Forecasting Revenue(2007) SEMINAR(AI) -Florida Law for Real Estate Appraisers(2007) COURSE(AI) -Business Practice and Ethics#420(2007) SEMINAR(AI) -Supervisor—Trainee Roles and Rules(2008) COURSE(AI) -7 Hour National USPAP Update#400(2008) SEMINAR(AI) -Hypothetical Conditions and Assumptions(2008) SEMINAR(AI) -Real Estate Economy(2008) SEMINAR(AI) -Public Sector Appraising(2009) SEMINAR(AI) -Inspecting the residential"green"house(2009) WEBINAR(AI) -Value for Financial Reporting(2009) SEMINAR(AI) -The Real Estate Market in 2009 SEMINAR(AI) -New Government Regulations(2009) SEMINAR(AI) -Property Tax Assessment(2010) SEMINAR(AI) -7 Hour National USPAP(2010) SEMINAR(AI) -Florida Law for Real Estate Appraisers(2010) SEMINAR(AI) -Supervisor/Trainee Roles and Rules(2010) SEMINAR(AI) -The Real Estate Market(2011) SEMINAR(AI) -Uniform Appraisal Standards for Federal Land Acquisitions-"Yellow Boob'(2011) COURSE(AI) -15 Hour Appraisal Curriculum Overview(2011) SEMINAR(AI) -Spotlight on USPAP—Agreement for Services(2011) SEMINAR(AI) -Trial Components(2011) SEMINAR(AI) -Lessons from the Old Economy Working in the New(2012) SEMINAR(AI) -Appraisal Review for General Appraisals(2012) COURSE(AI) -National USPAP Update(2012) SEMINAR(AI) -Florida Law(2012) SEMINAR(AI) -Land Valuation(2012) SEMINAR(AI) -Valuation of Warehouses(2012) SEMINAR(AI) -IRS Valuation(2012) SEMINAR(AI) -Business Practices and Ethics(2012) SEMINAR(AI) -Real Estate Forecast(2013) SEMINAR(AI) -Advanced Marketability Studies(2013) SEMINAR(AI) -Developing a Supportable Workfile(2013) 84 4 of H)EDUCATIONAL BACKGROUND(Continued) SEMINAR(Al) -Florida Appraisal Law(2014) SEMINAR(Al) -Liability Issues for Appraisers performing Litigation&Non-Lending Work(2014) COURSE(Al) -7 Hour National USPAP Update Course(2014) SEMINAR(Al) -Florida Law(2014) SEMINAR(Al) -New Real Estate Economy(2014) SEMINAR(Al) -Economic Engines of Miami-Date County(2015) SEMINAR(Al) -Economic Engines of Broward County(2015) SEMINAR(Al) -Tightening the Appraisal(2015) SEMINAR(Al) -Evaluating Commercial Construction(2015) SEMINAR(Al) -Drone Technology(2015) SEMINAR(Al) -Loss Prevention for Appraisers(2016) COURSE(Al) -7 Hour National USPAP Update(2016) SEMINAR(Al) -Florida Law(2016) SEMINAR(Al) -Redefining the Appraisal&Its Role in an Evolving Banking Environment(2016) SEMINAR(Al) -The Tough One,Mixed use properties(2016) SEMINAR(Al) -Business Practices&Ethics(2016) SEMINAR(Al) -Economic Engines Driving Broward County(2017) SEMINAR(Al) -Introduction to Green Buildings&passed exam(2017) SEMINAR(Al) -Another View of the Tough Ones(2017) SEMINAR(Al) -Appraising for the Office of Valuation Services,Department of the Interior(2017) SEMINAR(Al) -Case Studies in Appraising Green Residential Buildings&passed exam(2017) SEMINAR(Al) -Uniform Appraisal Standards for Federal Land Acquisitions&passed exam(2017) SEMINAR(Al) -Hot Topics&Myths in Appraiser Liability(2018) COURSE(Al) -7 Hour National USPAP Update(2018) SEMINAR(Al) -Florida Law(2018) SEMINAR(Al) -Parking&Its Impact on Florida Properties(2018) SEMINAR(Al) -What's New in Residential Construction(2018) SEMINAR(Al) -Valuation Resources for Solar Photovoltaic Systems(2018) SEMINAR(Al) -Technology Tips for Real Estate Appraisers(2018) SEMINAR(Al) -Residential&Comnnercial Valuation of Solar&passed exam(2018) SEMINAR(Al) -Airport Appraisals(2019) SEMINAR(Al) -Practical Applications in Appraising Green Commercial Properties&passed exam(2019) D PROFESSIONAL INVOLVEMENT Region X Representative of the Appraisal Institute 2006—2009 President of the South Florida Chapter of the Appraisal Institute-2003 First Vice-President of the South Florida Chapter of the Appraisal Institute-2002 Second Vice-President of the South Florida Chapter of the Appraisal Institute-2001 Secretary of the South Florida Chapter of the Appraisal Institute-2000 Treasurer of the South Florida Chapter of the Appraisal Institute-1999 Chair of the Education Committee of the S.Florida Chapter of the Appraisal Institute-1995,1996,1997,1998,2007-2018 Director of the South Florida Chapter of the Appraisal Institute 1996-1998 Member of Region X(Florida)Ethics and Counseling Panel—Al Graduate of the Florida REALTORS Institute(GRI) J) CIVIC INVOLVEMENT Member of the Navy League of the United States—Fort Lauderdale Council Lifetime Honorary Member-Florida Sheriff s Association Member of Zeta Tau Alpha Alumnae Fraternity 85 PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "PURCHASER") and THE LOUIS KALLIANTAS REVOCABLE TRUST, Louis Kalliantas,Trustee (hereinafter "SELLER"). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Properties located at 407 NE 1St Street, Boynton Beach, in Palm Beach County, Florida (the "Properties") and more particularly described as follows: North 'z of Lot 23 and the North 'z of Lot 24, less East ten feet thereof, Block 2, SHEPARD-FUNK ADDITION according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, recorded in Plat Book 2, Page 15, together with improvements located thereon. 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Two Hundred Sixty-Eight Thousand and 00/100 Dollars ($268,000.00), payable in cash, by wire transfer of United States Dollars at the Closing. 3. DEPOSIT. 3.1 Earnest Money Deposit. Within five (5) Business Days after the execution of the Purchase Agreement by both parties, PURCHASER shall deliver to Lewis, Longman & Walker, PA ("Escrow Agent") a deposit in the amount of Five Thousand and 00/100 Dollars ($5,000.00) the "Deposit"). 3.2 Application/Disbursement of Deposit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the PURCHASER shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the PURCHASER. If this Agreement is terminated due to a default, pursuant to Section 12,the Deposit shall be delivered to (or retained by, as applicable) the non-defaulting Party, and the non- defaulting Party shall have such additional rights, if any, as are provided in Section 12. PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 2 of 22 3.3 Escrow Agent. PURCHASER and SELLER authorize Escrow Agent to receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this Agreement. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to PURCHASER and SELLER, unless the misdelivery is due to Escrow Agent's willful breach of this Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorney's fees and costs to be paid from the escrowed funds which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one of the SELLER and PURCHASER has signed this Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before November 19, 2020 (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid,good, marketable and insurable title in fee simple to the Property,free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. FEASIBILITY PERIOD. The PURCHASER, and its designees shall have Ten (10) days from the Effective Date of this Agreement("Feasibility Period"),at PURCHASER's expense, to make inquiries to determine if the Property is suitable for its intended use and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, valuation appraisals and investigations of the Property, including but not limited to Phase I and Phase II investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER's sole and absolute discretion, to terminate this contract and receive back all deposits hereunder. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date,subject to such disturbance as was reasonably necessary or convenient PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 3 of 22 in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER's testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER's testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER's investigation of the Property. However, PURCHASER's indemnification obligations shall not exceed its statutory limits as provided within Section 768.28, Florida Statutes, and PURCHASER does not waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold PURCHASER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to SELLER or for damage to persons or property(subject to the limitation on practicability provided above) arising out of PURCHASER's investigation of the Property. SELLERS' obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Title Review. Within twenty (20) days of the Effective Date, PURCHASER shall obtain, at the PURCHASER's expense, from a Title Company chosen by PURCHASER (hereinafter"Title Company"),a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. Any and all assessments, outstanding utility charges, liens and other matters not constituting Permitted Exceptions shall be paid by Seller prior to or at closing from Seller's proceeds. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than thirty (30) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "Title Objections"). If PURCHASER fails to deliver the Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the Title Objections within the Cure Period, to the satisfaction of PURCHASER,then PURCHASER, in PURCHASER's sole and absolute discretion, shall have the option of(i) extending the Cure Period and the Closing for one additional thirty(30) day period, or (ii) accepting the title as it then is but using such portion of the Purchase Price as may be necessary to pay and satisfy any mortgages, outstanding utility charges, delinquent property taxes and/or code enforcement and contractors' liens or other recorded claims of lien upon the property, or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 4 of 22 except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment("Title Update")covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.2. Survey Review. PURCHASER, at PURCHASER's expense, shall obtain a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.1 concerning title objections. 7.3 SELLER Deliveries. SELLER shall deliverto PURCHASER the following documents and instruments within ten (10) days of the Effective Date of this Agreement, except as specifically indicated: 7.3.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER's possession or control with respect to the physical condition or operation of the Property, if any. 7.3.2 Copies of all licenses,variances, waivers, permits(including but not limited to all surface water management permits, wetland resource permits, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Property, or any portion thereof (the "Governmental Approvals"), which are material to the use or operation of the Property, if any. 7.3.3 Prior to the Closing Date, SELLER shall execute and deliver to PURCHASER any and all documents and instruments required by PURCHASER, in PURCHASER's sole and absolute discretion, which: (i) effectuate the transfer to PURCHASER of those Governmental Approvals, or portions thereof which are applicable to the Property, that PURCHASER desires to have assigned to it, and/or (ii) cause the Property to be withdrawn from any Governmental Approvals. No later than thirty (30) days prior to the Closing Date, SELLER shall remedy, restore,and rectify any and all violations of the Governmental Approvals(including, but not limited to, any and all portions of the surface water management system, mitigation PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 5 of 22 areas or other items which do not comply with the Governmental Approvals or applicable rules), if any. SELLER warrants that there will not be, at the time of Closing, any unrecorded instruments affecting the title to the Property, including, but not limited to any conveyances, easements, licenses or leases. 8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by PURCHASER in writing: 8.1. Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 8.2. Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. 8.3. Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 8.4. Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 8.5. Occupancy. The property shall be conveyed to the PURCHASER at time of closing occupied under the terms and conditions described in the Lease Agreement and attached hereto as "Exhibit A". 9. CLOSING DOCUMENTS. The PURCHASER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the SELLER'S Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1. Deed. A Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 6 of 22 referenced above, the same shall be deemed an uncured title objection. 9.3. Closing Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which PURCHASER shall also execute and deliver at Closing. 9.4. Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5. Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1. Prorations. Assessments, rents, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. PURCHASER shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if any,will be credited to PURCHASER. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. 10.2 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Tax Collector's Office. In the event that, following the Closing, the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing, the parties shall re-prorate any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 10.3. Special Assessment Liens. Certified, confirmed and ratified special assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be assumed by PURCHASER. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 10.4. Closing Costs. PURCHASER shall be responsible for recording the deed and PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 7 of 22 half of all general closing expenses(settlement fee,courier fees, overnight package, etc.). SELLER is responsible for documentary stamps on the deed and half of all general closing expenses and their own legal fees. All other costs of closing, including the Owner's Title Policy, shall be borne by PURCHASER. 10.5 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.6 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of its knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true,and (ii)shall be true as of the date of the Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 11.1 At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including, without limitation, court costs and reasonable attorney's fees). 11.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.3 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement, PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 8 of 22 indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 11.4 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create any encumbrances on the Property. For purposes of this provision the term "encumbrances"shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions. Additionally, SELLER represents that SELLER will not, between the date of this Agreement,and the Closing take any action to terminate or materially, amend or alter any existing leases presently in existence, without the prior consent of PURCHASER, which consent shall not be unreasonably withheld or delayed. 11.5 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 11.6 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the conclusion of the Feasibility Period to the Closing Date. 11.7 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.8 SELLER represents that it has no actual knowledge nor has it received any notice that the Property has been, is presently or is contemplated to be utilized as a reservoir of hazardous material. As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been determined by any state,federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies)"). PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 9 of 22 11.9 SELLER represents to PURCHASER that the Property is not subject to any deed restrictions or declaration of restrictions running with the Property which would affect the use of the Property except those constituting Permitted Exceptions as defined above. 11.10 Between the date of this Agreement and the date of closing, SELLER will not file any application for a change of the present zoning classification of the Property. 11.11 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.12 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 11.13 Additional Warranties and Representations of SELLER. As a material inducement to PURCHASER entering into this Agreement, SELLER, to the best of SELLER'S information and belief, hereby represents and warrants the following: 11.13.1 There are no pending applications, permits, petitions, contracts, approvals,or other proceedings with any governmental or quasi-governmental authority, including but not limited to, PURCHASER, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the Property or any portion thereof and SELLER has not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. 11.13.2 There are no facts believed by SELLER to be material to the use, condition and operation of the Property in the manner that it has been used or operated, which it has not disclosed to PURCHASER herein, including but not limited to unrecorded instruments or defects in the condition of the Property which will impair the use or operation of the Property in any manner. 11.13.3 To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 10 of 22 12. DEFAULT. 12.1. Purchaser's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. PURCHASER and SELLER acknowledge that if PURCHASER defaults, SELLER will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent most closely approximates the amount necessary to compensate SELLER. PURCHASER and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision. 12.2. Seller's Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder, or (2) seek specific performance of this Agreement, without waiving any action for damages. 12.3. Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close,the cure period shall only be three (3) business days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 12.4. Survival. The provisions of this section shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 11 of 22 If to Seller: Louis Kalliantas 407 NE 1St Street Boynton Beach, FL 33435 If to Purchaser: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, FL 33435 With a copy to: Kenneth Dodge Lewis, Longman & Walker, PA 515 North Flagler Drive, Suite 1500 West Palm Beach, FL 33401 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER shall have the right to assign this Agreement to the City of Boynton Beach (the "City") without the prior consent of SELLER and the PURCHASER shall be released from any further obligations and liabilities under this Agreement. The PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. If PURCHASER has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to time), shall apply. 15. BROKER FEES. The SELLER and PURCHASER hereby state that they have not dealt with a real estate broker in connection with the transaction contemplated by this Agreement and are not liable for a sales commission. SELLER shall indemnify, defend and hold harmless the PURCHASER from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by SELLER on its behalf with any broker or finder in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 16. ENVIRONMENTAL CONDITIONS. 16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product as defined or regulated by environmental PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 12 of 22 laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16.1.1 As a material inducement to PURCHASER entering into this Agreement, SELLER hereby warrants and represents the following, as applicable: (1) That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER'S knowledge. (2) SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim,demand,cost or action relating to the Disposal of any Pollutant on the Property. SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or form a basis for any claim,demand,cost or action relating to the Disposal of any Pollutant affecting the SELLER'S property. (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity's knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 17. PUBLIC RECORDS. PURCHASER is a public agency subject to Chapter 119, Florida Statutes. The SELLER is hereby notified that the PURCHASER is required by law, pursuant to Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Agreement and some or all of the documents necessary to consummate the transaction set forth herein. To the extent that any litigation should be instituted by SELLER, either directly or as a third party, to prevent or prohibit PURCHASER from disclosing or providing documents involving this Agreement or the transaction set forth in the Agreement pursuant to a public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either: 1) defend the claim up to and including final judgment,or 2) interplead the challenged documents into the court. In either event, SELLER agrees to pay PURCHASER's reasonable attorneys' fees and costs, both trial and appellate. 18. MISCELLANEOUS. 18.1. General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 13 of 22 entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by the Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida,or,should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District of Florida. 18.2. Computation of Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 18.3. Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 18.4. Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 18.5. Severability. If any provision of this Agreement or the application thereof shall,for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.The provisions of this Section shall apply to any amendment of this Agreement. 18.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 14 of 22 and initialed by PURCHASER and SELLER shall control all printed provisions in conflict therewith. 18.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 18.8. Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 18.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 18.10 Recording. This Agreement may not be recorded in the Public Records of Palm Beach County, Florida without the prior approval of both parties. 18.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER'S Property Deed and PURCHASER's possession of the Property. 18.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. SIGNATURES ON FOLLOWING PAGE PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 15 of 22 IN WITNESS WHEREOF,the Parties have executed this Agreement as of the Effective date. PURCHASER: SELLER: BOYNTON BEACH COMMUNITY THE LOUIS KALLIANTAS REVOCABLE TRUST REDEVELOPMENT AGENCY Printed Name: Steven B. Grant Printed Name: Louis Kalliantas Title: Chair Title: Trustee Date: Date: WITNESS: WITNESS: Printed Name: Printed Name: ESCROW AGENT Lewis, Longman & Walker, P.A. Printed Name: Date: PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 16 of 22 EXHIBIT "A" LEASE AGREEMENT (See Next Page) PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 17 of 22 LEASE AGREEMENT THIS LEASE AGREEMENT (this "Lease") is made and entered into this day of , by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (collectively, "Landlord") and THE LOUIS KALLIANTAS REVOCABLE TRUST, LOUIS KALLIANTAS, TRUSTEE (collectively, "Tenant"). If there is more than one Tenant, the liability of each Tenant under this Lease shall be joint and severable. In consideration of the terms, covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord agrees to lease and rent to Tenant, and Tenant agrees to lease and rent form Landlord, that certain real property located at 407 NE 1St Street, Boynton Beach 33435(the "Premises"), and accordingly agree as follows: 1. PREMISES. The Premises shall be defined to include all appliances, equipment, fixtures, window treatments, and lighting fixtures, located on or in, and/or affixed to, the Premises, and all grass, plants and trees located there. 2. TERM. Landlord leases to Tenant and Tenant leases from Landlord the above described Premises, beginning , and continuing for a period of sixty (60) days through Tenant acknowledges that Tenant does not have any right to extend the term of this Lease, and that the Lease is subject to cancellation by Landlord, as provided below. 3. SECURITY DEPOSIT / ESCROW. Tenant shall pay to Landlord at the time this Lease is entered by the parties, a Security Deposit in the amount of Five Thousand Dollars ($5,000.00). The Security Deposit is to be held by Landlord in escrow, and applied by Landlord as security for the full and faithful performance of the Lease by Tenant, and for the purpose of remedying any default by Tenant hereunder. Landlord shall be permitted to apply all or any portion of the Security Deposit to any defaults or damages occurring during the term of the Lease, or upon the expiration or termination of this Lease. This Security Deposit shall be returned to Tenant at such time as Seller vacates the Premises, returns all keys to Landlord and all utilities are closed under the name of Tenant. If Tenant fails to vacate the Premises upon expiration of the term described in Paragraph 2 above, Landlord shall be entitled to, and Tenant shall pay to Landlord, liquidated and agreed upon damages in the amount of One Hundred Dollars ($100.00) per day for each and every day (including any portion thereof) that Tenant remains in possession of the Premises beyond the term of this agreement. Any such amount shall be taken from the escrow held by Landlord. This provision for liquidated and agreed upon damages is a bona fide provision and is not a penalty, the parties agreeing that by reason of Tenant's failure to vacate the Premises, Landlord's plans for moving and other business arrangements will be adversely affected, and Landlord will have sustained damages thereby, but PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 18 of 22 will not be capable of determination with precision and, therefore, this provision for liquidated and agreed upon damages has been incorporated into this Agreement as a provision beneficial to both parties. 4. UTILITIES. Tenant shall have the sole responsibility of obtaining and maintaining all utility services for the property, and shall pay all of the same as of the date they become due. No interruption of services or utilities due to actions or inactions of Tenant shall relieve Tenant of any obligation under this Lease. 5. MAINTENANCE. Tenant shall be keep the Premises in clean condition and shall maintain in good operating condition the following items: all large household appliances, the structure, mechanical, plumbing and electrical components of the Premises, and will provide pest control service. Tenant shall also generally maintain lawn and landscaping in neat appearance. 6. USE OF PREMISES. The Premises shall be used and occupied by Tenant, exclusively, as a private residence for Tenant. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises, and all rules and regulations of the homeowner's or condominium association (if applicable). 7. ASSIGNMENT AND SUB-LETTING. Tenant may not assign this Lease, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord, which consent Landlord may deny in its sole and absolute discretion. 8. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord, which consent Landlord may deny in Landlord's sole and absolute discretion. If Tenant adds or changes the locks on the premises, Landlord shall be given copies of the keys. Landlord shall at all times have keys for access to the premises in case of emergencies. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Lease; provided however, that Landlord shall have the right to require Tenant to remove any such fixtures at Tenant's cost on termination of this Lease. 9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 19 of 22 10. TAXES AND FEES. Landlord will timely pay all ad valorem real property taxes due on the Premises. 11. INSURANCE. Tenant shall obtain general liability coverage for the Premises in the minimum amount of $100,000.00, and will provide Landlord with evidence of the same. If Tenant fails to obtain such insurance coverage, Landlord may, at Landlord's sole option and without obligation to do so, obtain such insurance on Tenant' behalf, in which event Tenant shall immediately pay Landlord the amount of such insurance premium and costs. 12. DESTRUCTION OF PREMISES. In the event the Premises are destroyed or rendered wholly un-tenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Lease shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, with Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date, and the Security Deposit which has not been used to date, shall be refunded to Tenant. Should a portion of the Premises thereby be rendered un- tenantable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such un- tenantable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Lease continue according to its terms. For purposes of this paragraph, "un-tenantable" means that the all or a portion of the Premises cannot reasonably be used for the purpose for which it is intended to be used. 13. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Lease and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building. 14. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Lease, ordinary wear and tear or acts of God excepted. 15. QUIET ENJOYMENT. Tenant, upon Tenant's performance of all Tenant's obligations contained herein and Tenant' observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof. 16. INDEMNIFICATION. Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature relating to any PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 20 of 22 action or inactions of Tenant and/or Tenant's family, guests or other invitees. Landlord shall not be liable to Tenant, and/or Tenant's family, guests or other invitees, except only as any such claim or injury as may directly result from Landlord's unreasonable failure to repair(after proper notice from Tenant) an item of the Premises which Landlord is responsible for maintaining. 17. DEFAULT. Tenant shall be in default under this Lease if any of the following occur: (a)Tenant fails to pay all sums due under this Lease; (b)Tenant fails to vacate the Premises upon expiration of the term; or (c) Tenant fails to comply with any of the other material provisions of this Lease, or fails to comply with any duties imposed on Tenant by statute. , within fourteen (14) days after delivery of written notice by Landlord specifying the non-compliance, provided that if Tenant has, in good faith, undertaken to cure such non-monetary default during the foregoing 14-day period, the cure period shall be extended an additional 14 days. 18. REMEDIES. Upon default by Tenant, Landlord may exercise any and all of the following rights and remedies, which rights and remedies shall be cumulative and non-exclusive, and which may be exercised in any manner or order which Landlord deems appropriate: (a) to terminate the Lease and retake possession of the Premises for its own account; (b) to evict Tenant from the Premises in accordance with process of law; (c) to take possession of the Premises for Tenant's account and attempt to relet the Premises, in which event Tenant shall be liable to Landlord for the difference between all the amount of rent due for the remainder of the Lease and the amount of rent to be collected from the new tenant; (d) to accelerate all rents so that all rents due through the end of the Lease, so that all of such rents are immediately due and payable; (e)to bring legal action against Tenant for damages on account of Tenant's default; and (f) all other rights and remedies, whether legal or equitable, which are available to Landlord under Florida law. 19. ATTORNEYS' FEES. In the event either party institutes litigation to enforce this Lease, then the non-prevailing party in such litigation shall pay the prevailing party all of the prevailing party's costs incurred in such litigation, including without limitation, its reasonable attorneys'fees and costs, whether incurred prior to the commencement of the lawsuit, pre-trial, at trial, post-trial, on appeal, or in bankruptcy. 20. RECORDING OF LEASE. Tenant shall not record this Lease on the Public Records of any public office. 21. GENERAL TERMS. This Lease contains the entire Lease between Landlord and Tenant regarding the Lease and occupancy of the Premises, and all other discussions, negotiations, Leases and understandings regarding the same are included in this Lease. This Lease may only be modified in writing and signed by both parties. This Lease shall be governed by the laws of the State of Florida, and the venue for any litigation involving this Lease shall be in Palm Beach County, Florida. In the event any term or provision in this Lease is adjudged to be PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 21 of 22 void or unenforceable, the same shall not affect in any manner the validity and enforceability all of the remaining terms and provisions of this Lease, and the void or unenforceable term of provision shall be modified to conform to the minimum requirements of law.This Lease may be signed in counterparts, and the sum of the counterparts shall constitute the entire Lease. This Lease and any modifications may be executed by the parties by facsimile signature, which shall be deemed to be the same as an original signature. The headings in this Lease are for organizational purposes only and do not constitute terms of this Lease. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. In the event there is more than one Tenant, the liability of each such person shall be joint and several. TIME IS OF THE ESSENCE IN REGARD TO ALL OF THE TERMS AND PROVISIONS OF THIS LEASE. 22. DISCLOSURES. Landlord provides the following disclosures in accordance with federal and state statutes: a. Lead-Based Paint Disclosure. Housing built before 1978 may contain lead based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlords must disclose the presence of lead-based paint and/or lead- based paint hazards in the dwelling. Tenant must also receive a federally approved pamphlet on lead poisoning prevention. b. Radon Gas Disclosure. 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. C. PERSONAL PROPERTY. BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER OR ABANDONMENT, AS DEFINED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY. PURCHASER's Initials: SELLER's Initials: _ 01375535-1 Purchase and Sale Agreement Page 22 of 22 Executed, and delivered by the parties as of the date provided above. Witnesses: Executed by Landlord: Print Name: Print Name: Print Name: Print Name: Witnesses: Executed by Tenant: Print Name: Print Name: Print Name: Print Name: PURCHASER's Initials: SELLER's Initials: _ 01375535-1 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: October 13, 2020 OLD BUSINESS AGENDAITEM: 14.C. SUBJECT: FY2019-2020 CRA Projects End-of-Year Presentation SUMMARY: The fiscal year for the Boynton Beach CRA (BBCRA) runs from October 1st through September 30th of each year. Since our Fiscal Year 2019-2020 closed on September 30th, BBCRA staff wanted to provide the BBCRA Board and the public with a Fiscal Year 2019-2020 CRA Projects End-of-Year Presentation (see Attachment 1). CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: CRA Board action is not required at this time. ATTACHMENTS: Description D Attachment I - FY 2019-2020 Year In Review Presentation C/) uo mn CN 00 wa � 0)q1H U 0 Z 2 � UQ W m } >M Z J a 0 Cr) U z LL O m t� i' All LLI •� �f � tt t �� t S 00 3 Cdr CL t r ■� u� € ass{t��S r" L. IL co � ,tom.• �� 07 >, 70 61� ,r 1� ' C6 � a lao E ob ar- (6 U U C6 co 'o.A O C i�i tsJ +fit s ss ti'1 st 1 tf}��ls ti� rs ref-- f� �k Q. � O U cn � ai Lim o � o p m O o=t co to CD LO N O N� CO O i- IH -ab LS) O N C6 C�6 N C9 N > O CM ti_v0 N . y. . � «+ 4-j � . � Ile � � r 4-1 - D E C/) � � 00 O O L L Q0 Q0 � - - N � O � I fy �1 * t - �„ *NOWIng Citi',etc ,�,14t}„1,4�,,�, Cyt>>�1 s'tt,,9 ' '' cc 0 H L.L. (o ma WIN ims, �� NOX LO � � 1 V F a a u W to OL q w O b c 4. cc 70 k � 1 ^, m W N � ■�1 O " O y " O m �= EE N N �€ O 0r.4 M o O cu W 4--j O .ao V F 2 U)�Xp o a- 4—j0 N Qco O E � 0 u o O O v O O O o a O O LC5O a 0 E0 0 o - O f O LO O p a m U O O LO CN61� 61� LL 120 U r L { f G ■� � hYr h �e �9i 4 d Kt q 4 4 h' ° f np M7 r i t W 70 \co 120 co k ❑ � 6 0 s . N U l L� L W V � N � l M U p Mp = O N ON n, Q CN U U) J v lao O O o O N N C,4 N �- O N (n ^^� -0 O M p (6 0' O m �A �- n, Q Ll. � +� C6 VJ _ Q LCL. Q O M >, = Ll -ao > U N c6 = O 73 Uo U c6 N O m 0- O (o o }, O � m .� C opQU u C)U i" Ln N N N U) laA L I` C6 N73 73 L6 EL o 2- N N cYiOfoemU � UV� cnLLJ 70 I C6 aw ' . W 0 N e — � L f � o, LL. LL y o' ti 0 N N O 0— � 4-j O U) C,4 --� a ao 1l c6 O .� U) N 0 O jao N ANO O s- i Y 4—j ' f. 4-j err 77 s:, std 1 V W CN O U) O ,� o O = O ^, CN LL W U N = TUU � U ai O � C6 +-+ U Q c6 � � U � oO � � c� � o (1) cn �- 00 c6 O O o p U Q. LL O O �O O O U +� 070 c�6 U) c- Q. +, U � U) lao U � � c6 p N r- r- (J) U) N N m D. U O E OU U c 'p O O O U) C) < mLo Lo oon 00 UN m O Q _ N Lo Lo O OI:,: O' m N c6 0 J c6 {f} {f} {f} U 0) CN o rl U ME +-+ w ' O O 70 >' Q_N a_N > c O O 70 47 o M tiw ao > lao _ M LL N +J }' 3 CJ +-+O V Z � O Cf) l %111 C6 70 2 o �� ,r � tit=' � � 70 1H 4- a a 4-J LL cr Of m m > > s i, 70 , f i N LJJ 70 N } N 4 1 t LL A 1 r1i Q 4-j i� +-j -0 N CNz �' � � � N O 00 N 4. O N Lo (-o (1) O uj 9H 0 r-- LO _ 44 �y011A111111A1�i � � ,t� �, na o 4—j 5 UCN LL Co c CN m o � H Co 4 ("r c� LoLo O N c6 M M fl Ocn CZ �s AW NE, Co ;r N U w U z do Co 4-j Norma LO LO 00 00 LO C9 C9 co W T 1 = N m 61� 61� t� 1 1 I, S err � - • � � �,�, a, ,� { ' � z UC�rz E �t4 � i t + u t 1 70 70 s.. Q O r ■� O rt; CN co T U W rJ U � f S Gl 4 tt � l rvv� , a t Q 7 LO O O tti O ■ Q z o t . rFr }J U + l io n, U �✓ O N ,-J UO C) a--' U lao > Q. Of N Z �m , N — CY) U lao t � N i U CNQ N N O {f} N 4--juj C6 Q O � � N +« Q �# � O O 2 ca -2 oVH C-) E O O °' -o cfl ti o Q o w LO CNCN o o U O U = 0- 0 +-j O O N �— o � Q o o � � ry OO IOn ' O0 Lq O VJ O O 00 O O O C9 N 0) L N LO L 4—j O W a) ° 00 cc Q v 00 LO -0 U) E r70� N 0 z N o C) ' W Ef � N C6 Of U- O n� Q � C6 �✓ N a N o Of U w H U {r 00 P LSA r 0 0 E;; N r� x w m 00 r � 00 z p N o 4--1 LO k +J v a.> c6 �- = OL 0 = 4 0O ; �r U) O co 144 O m m N � L 00 S r: N U) O o (f) cc 0 cc 4-1 73O C: � . , r�,,, (n Q v c6 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: October 13, 2020 NEW BUSINESS AGENDAITEM: 15.A. SUBJECT: Discussion Regarding the 2020 Holiday Boat Parade SUMMARY: For the Fiscal Year 2020 -2021 Budget, the CRA Board approved $14,750 for the Boynton Beach - Delray Beach Holiday Boat Parade event currently scheduled to take place on December 11, 2020 (see Attachment I for the approved Business Promotions & Events budget worksheet). On September 30, 2020, CRA staff received an email from the City of Delray Beach Parks and Recreation staff notifying us that the Delray City Commission were not allocating any funding to share in the costs of the 49th Annual Boynton Beach & Delray Beach Holiday Boat Parade. In order to comply with Florida Statute Chapter 163, Part III, the Boynton Beach CRA had requested funding participation from the City of Delray Beach to allow our involvement in an event that partially occurs outside our boundaries. In response, Delray has reimbursed the CRA for 50% of the shared expenses related to event marketing, t-shirts, participant prizes, and the award's dinner for year's 2017, 2018 and 2019 (see Attachment 11 for a complete breakdown of the shared expenses). Fortunately, the Fiscal Year 2020-2021 budget amount as approved will allow staff to adequately plan the Holiday Boat Parade event without any financial contribution from the City of Delray Beach. CRA staff is seeking direction from the CRA Board on how they would like to proceed with the route for the Holiday Boat Parade. In previous years, the parade route progressed southward down the Intracoastal waterway from Palm Beach Yacht Club, just north of the Boynton Beach Inlet, to the C-15 canal (South of Linton Blvd.) in Delray Beach. Note: One of the requirements for the Holiday Boat Parade is to obtain a permit with the Florida Department of Transportation (FDOT) to open the bridges located along the boat parade route. A permit application can only be submitted by the City that governs the designated bridge roadway, therefore, the City of Delray Beach would need to submit the permit application for their roads and pay for message boards to advise motorists of the anticipated bridge openings. FISCAL IMPACT: FY 2020 -2021 Budget, Project Fund, Line Item 02-58500-480, Holiday Boat Parade $14,750. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Modify the parade route to start at the Palm Beach Yacht Center, just north of the Boynton Beach Inlet moving southward and end on the north side of the George Bush Boulevard bridge. 2. Keep the parade route the same as previous years. Start just north of the Boynton Beach Inlet at the Palm Beach Yacht Center and end at the C-15 canal in (South of Linton Blvd.) Delray Beach. ATTACHMENTS: Description D Attachment I - Business Promotions & Events Budget Worksheet D Attachment II -2019 Holiday Boat Parade Shared Costs BOYNTON BEACH CRA FY 2020-2021 BUSINESS PROMOTIONS&EVENTS BUDGET PROPOSAL 2020/2021 EVENTS/CAM PAIG NS DATE BUDGET BUSINESS PROMOTIONAL VIDEO AD CAMPAIGN FOR PLAZAS Eight plaza highlights Sunshine Square,Riverwalk, One Boynton,CasaCosta,500 Ocean,Ocean Plaza, Ocean Palm Plaza,Boynton Harbor Marina $6,000 Marketing) $1,600 Business Promotional Video Ad Campaign Total'1 $7,600 BUSINESS PROMOTIONS SOCIAL MEDIA Four social media marketing campaigns to promote AD CAMPAIGN/CONTEST businesses located in the BBCRA area $10,000 E.Ocean Ave.(between Federal Hwy.and NE 3rd St.) Marketing $3,000 Business Promotions Social Media Campaign; Total $13,000 BOYNTON BEACH BUCKS Incentive program for patronage of BBCRA area 4 businesses $5,000 Marketing i $500 Boynton Beach Bucks Total' $5,500 DINNER&A MOVIE AT THE PLAZA Ocean Palm Plaza TBD ' $6,500 Sunshine Square Plaza TBD $6,500 Riverwalk Plaza TBD ' $6,500 Event Marketing'; $10,000 Dinner&A Movie At The Plaza Total' $29,500 PLAZA CRAWL 500 Ocean TBD $7,200 Riverwalk Plaza TBD ' $7,200 Casa Costa TBD $7,200 One Boynton TBD ' $7,200 Ocean Palm Plaza TBD $7,200 Sunshine Square TBD ' $8,700 Ocean Plaza TBD $7,200 Event Marketing i $25,000 TotalPlaza Crawl $51,900 HOLIDAY BOAT PARADE Friday,December 11,2020' $11,250 735 Casa Loma Blvd. Event Marketing', $3,500 Tota ILight upthe Park $14,750 BLARNEY BASH Saturday,March 13,2021 $45,000 E.Ocean Ave.(between Seacrest Blvd.and NE 1st St. Event Marketing $10,000 Total Blarney Bash $55,000 ROCK THE MARINA&LIONFISH DERBY TBD $19,820 735 Casa Loma Blvd. $5,180 $25,000 EQUIPMENT&SUPPORT $51,373 CEREMONIAL EVENTS $25,000 Sub-Total Events $244,843 Sub-Total Events Marketing $58,780 TOTAL COST OF EVENTS► $303,623 6 48th Annual Holiday Boat Parade Shared Costs Service/Product Cost Delray Newspaper- Full Page Calling All Captains ad 695.00 Delray Newspaper-Full Page Boat Parade ad 695.00 Neighborhood News- Full Page Calling All Captains ad 450.00 Neighborhood News- Full Page Boat Parade ad 450.00 Coastal Angler- 1/4 page Calling All Captains ad 300.00 Coastal Angler- 1/2 page Holiday Boat Parade ad 300.00 DFS-postcards 395.00 DFS-posters 100.00 Gateway Gazette-Calling All Capts. Full page ad 318.00 Coastal Star- Boat Parade 1/4 page ad 525.00 Movie Theaters Movies at Delray Beach and Lake Worth 533.33 Calling All Capts and Holiday Boat Parade Social Media 249.41 DFS-Creative 2,085.00 Captain's Meeting- Banana Boat 138.01 Awards Dinner- Banana Boat 1,445.58 Judges Table -Two Georges 32.37 Awards -Cash Prizes 3,600.00 Awards -Plaques 350.00 Awards - DFS creative 180.00 DFS-(Event T-Shirts) 827.50 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: October 13, 2020 NEW BUSINESS AGENDAITEM: 15.13. SUBJECT: Consideration of the I nterlocal Agreement (ILA) Between the Boynton Beach CRA and City of Boynton Beach for certain enhancements to the Sara Sims Park Amphitheater SUMMARY: In September 2018, the Boynton Beach CRA (BBCRA) Board approved $600,000 in CRA funds for the renovation of Sara Sims Park through an Interlocal Agreement (ILA) with the City of Boynton Beach (see Attachment 1). The total cost of the Project was estimated at $1.4 million and the City of Boynton Beach provided the balance of the funding needed to complete the Project. On June 7, 2019, the CRA received a request from the City of Boynton Beach to provide additional funding in the amount of $43,890 for the re-installation of the canopy structure from the now demolished Ocean Avenue amphitheater as part of the Sara Sims Park renovation project. (Attachment 11). The canopy structure was disassembled to make way for the Town Square project. The Sara Sims Park renovation project was completed in November 2019, however, the community has voiced their disappointment and dissatisfaction with the amphitheater portion of the project. In response to the community's concerns, the BBCRA has approved $50,000 in the newly approved budget for Fiscal Year 2020-2021 for the costs associated to further enhance and improve the current Sara Sims Park amphitheater design. The BBCRA and the City of Boynton Beach will need to enter into an ILA as the mechanism to provide and manage the Agency's funding. BBCRA staff and legal counsel have prepared an ILA for the BBCRA Board's review and consideration (see Attachment I11). Once approved by the BBCRA, it will be presented to the City Commission for their consideration and approval. FISCAL IMPACT: FY 2020-2021 Budget, Project Fund Line Item 02-58200-406; $50,000 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the I nterlocal Agreement (ILA) between the Boynton Beach CRA and City of Boynton Beach associated with certain enhancements to the Sara Sims Park amphitheater in order to provide funding not to exceed $50,000. 2. Do not approve the approve the Interlocal Agreement (ILA) between the Boynton Beach CRA and City of Boynton Beach. 3. Alternative motion based on discussion by the CRA Board. ATTACHMENTS: Description D Attachment I -2018 ILA between the City and CRAfor Sara Sims Park Improvement Project D Attachment II - FirstAmendment to the 2018 ILA D Attachment III -2020 ILAfor Sara Sims Park Enhancements I RESOLUTION NO.R18-143 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 6 REDEVELOPMENT AGENCY TO PROVIDE PARTIAL FUNDING 7 FOR IMPROVEMENTS AT SARA SIMS PARK; AND PROVIDING 8 AN EFFECTIVE DATE. 9 WHEREAS;on September 11,2018 the Boynton Beach CRA approved the Interlocal 10 Agreement between the City and the CRA for partial funding associated with the Sara Sims 11 Improvement Project;and 12 WHEREAS,the Interlocal Agreement will allow the City to request up to 5600,000 in 13 funding assistance from the CRA as the project progresses;and 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 15 recommendation of staff,deems it to be in the best interests of the City residents to approve and 16 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 17 Redevelopment Agency to provide partial funding for improvements at Sara Sims Park. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 20 Section 1. Each Whereas clause set forth above is true and correct and incorporated 21 herein by this reference. 22 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 23 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 24 Beach and the Boynton Beach Community Redevelopment Agency to provide partial funding, C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\I emporary Internet Files\Content.IE5\SA'I'NOEVN\ILA With CRA For Partial Funding_For_Sara Sims Park- ResoDocx 25 up to $600,000, for improvements at Sara Sims Park, a copy of said Interlocal Agreement is 26 attached hereto as Exhibit"A". 27 Section 3. That this Resolution shall become effective immediately upon passage. 28 PASSED AND ADOPTED this 2"d day of October,2018. 29 CITY OF BOYNTON BEACH,FLORIDA 30 31 YES NO 32 33 Mayor—Steven B.Grant 34 35 Vice Mayor—Christina L.Romelus 36 37 Commissioner—Mack McCray 38 39 Commissioner—Justin Katz 40 41 Commissioner—Joe Casello 42 43 VOTE r G 44 ATTEST: 45 46 l 47 48 Judith/k Pyle,CMC — 49 City Clerk 50 51 52 (City Seal) 53 �3 C:\Users\StanzionetWppdata\Local\Microsoft\WindowsPl`emporary Internet Files\Content.ILS\SATNQEVN\ILA_Wilh_CRA_For—Partial_Funding.For.Sara_Sims_Park,,-_Reso.Doex INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE SARA SIMS PARK IMPROVEMENT PROJECT LOCATED WITHIN THE COMMUNITY REDEVELOPMENT AREA THIS AGREEMENT ("Agreement") is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively,the"Party"or"Parties"). WITNESSETH: WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan") (Exhibit"A")calls for the redevelopment of the Community Redevelopment Area("CRA Area") as described in the Plan;and WHEREAS,the CITY and the CRA desire to provide funding for the enhancement and improvement to Sara Sims Park (the "Project"), as further described in Exhibit "B," which is hereby incorporated herein;and WHEREAS, the Project site lies within the boundaries of the CRA Area, and more specifically,in the Heart of Boynton District;and WHEREAS, the Project is intended to improve the quality, aesthetics and function of Sara Sims Park for the residents of the Heart of Boynton District;and WHEREAS,the CRA Board finds that this Agreement,and the use of the CRA's funds for the Project, is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida Statutes;and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained,the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 01039564-1 1 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Six Hundred Thousand and 001100 Dollars($600,000.00), for physical improvements to the Project consistent with the terms of this Agreement, to be used for reimbursement of certain eligible costs. b. The CRA shall make payments to the CITY upon receipt of a complete written request from the CITY for payment, which request shall comply with all requirements of this Agreement. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by§ 163.370(3),Florida Statutes,or otherwise prohibited by law. b. The CITY shall ensure that the Project is designed and constructed in compliance with the Plan. C. The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project,but shall coordinate with the CRA concerning compliance with the Plan. d. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes. 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request") to the CRA no later than 30 days after payment by the CITY of funds for which it is seeking reimbursement, and in no case later than 30 days after the Project achieves final completion. For purposes of this Agreement, final completion shall be deemed achieved upon issuance of a Certificate of Completion, or equivalent. The request shall include the following information: i. The amount of reimbursement requested; 01079564-1 2 ii. A summary of the Project improvements for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes and evidence supporting the same. iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. v. For any Reimbursement Request submitted after final completion, a fully executed Certificate of Completion,or equivalent.by; vi. b. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement,the CRA shall remit funding in the amount requested,consistent with this Agreement, to the CITY within thirty (30) days of receipt of the Reimbursement Request. C. If the CITY fails to submit a Reimbursement Request within 30 days after the Project achieves final completion, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement Request that the CRA deems incomplete,the CRA shall notify the CITY in writing. The CITY shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the CITY fails to provide the documentation required by the CRA within 30 days, the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The GRA will not reimburse the CITY for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project,and shall not otherwise be responsible for effectuating the Project. b. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents,and its employees from any liability, claim, demand, suit,loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees,by reason of any property damages or personal injury, including death, sustained by any person whomsoever,which damage is incidental to,occurs as a result of,arises out of,or is 01039564-1 3 otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights,privileges,and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers,employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after the Project has obtained a Certificate of Completion, or equivalent, and the CRA reimburses the CITY for the Project. In no case shall the CRA be required to reimburse the CITY for any untimely requests, or requests submitted after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least I year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11)of the Florida Statutes 10. Default. If either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of 01039564-1 4 such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances,rules,regulations and lawful orders of the United States of America,State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein,are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end,this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with,the laws of the State of Florida and the United States of America,without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida,to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other,such notice must be in writing and sent by United States mail,return receipt requested,courier,evidenced by a delivery 01039564-1 5 receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present,the Parties designate the following as the respective places for giving of notice: a. CITY: Lori LaVerriere,City Manager CITY of Boynton Beach 100 E.Boynton Beach Boulevard Boynton Beach,FL 33435 b. CRA: Michael Simon,Executive Director Boynton Beach CRA 710 N.Federal Highway Boynton Beach,Florida 33435 c. Copies To: James A.Cherof Goren,Cherof,Doody&Ezrol,P.A. 3099 East Commercial Boulevard,Suite 200 Fort Lauderdale,Florida 33308 Tara Duhy,Esquire Lewis,Longman&Walker,P.A. 515 North Flagler Drive,Suite 1500 West Palm Beach,Florida 33401 18.No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19.Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a 010395641 6 binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20.Counterparts and Transmission. To facilitate execution,this Agreement may be executed in as many counterparts as may be convenient or required,each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail),which transmitted document shall be deemed an original document for all purposes hereunder. 21.Survival. The provisions of this Agreement regarding indemnity, waiver, and termination, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22.Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23.Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. [Signatures on following page.] 01039564-1 7 IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida mu 'ci I tion r _ By: Judi Pyle,CITY Cled Steven B.Grant,Mayor Approved as to Form: Date: D r IS ffAL) Office of the CITY Attorney Approved as to�orm: BOYNTON BEACH COMMUNITY 1 REDEVELOPMENT AGENCY r� By: Of ice of the CRA Attorney Steve B. rant,Chair Date: 01039564.1 8 n t. RESOLUTION NO. R19-085 i 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4° 3 APPROVING AND AUTHORIZING THE MAYOR 'TO SIGN AN THE 4 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN S E THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH fi 6 COMMUNITY REDEVELOPMENT AGENCY 'TO PROVIDE 7 ADDITIONAL FUNDING FOR CERTAIN IMPROVEMENTS AT 8 SARA SIMS PARK; PROVIDING FOR AMENDMENT TO THE FY 9 2019-2020 BUDGET, WHICH WILL ADJUST BUDGETED 10 APPROPRIATIONS AND REVENUE SOURCES AND PROVIDE 11 SPENDING AUTHORITY FOR THE CAPITAL IMPROVEMENT 12 FUND (302) AS IT RELATES TO THE AMENDED INTERLOCAL 13 AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 14 WHEREAS; on October 2, 2018 the City Commission, via Resolution R18-143, 15 approved the Interlocal Agreement between the City and the CRA for partial funding associated 16 with the Sara Sims Improvement Project, and 17 WHEREAS, the First Amendment to the Interlocal Agreement will add an additional 18 $45,000 to the original amount to fund the reassembly of the amphitheater canopy at Sara Sims 19 Park; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to approve and 22 authorize the Mayor to sign the First Amendment to the Interlocal Agreement with the Boynton 23 Beach Community Redevelopment Agency to provide additional funding for certain 'i 24 improvements at Sara Sims Park and to amend the FY 2019-2020 budget, which will adjust s 2S budgeted appropriations and revenue sources and provide spending authority for the Capital 26 Improvement Fund (302) as it relates to the amended ILA. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ' 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ,i 29 Section 1. Each Whereas clause set forth above is true and correct and incorporated S 30 herein by this reference. ,t 31 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 32 approveand authorize the Mayor to sign the First Amendment to the Interlocal Agreement C:\Users\Stanzionet\,4ppdata\Local\Microsoft\Windows\hietcache\IE\DHL 1 S8RX\First_Amendment_To_ILA_W ith_CRA_For_Partial_Fun ding_For_Sara..._Sims_Park -_Reso.Docx 'r r' `p 33 between the City of Boynton Beach and the Boynton Beach Community Redevelopment 34 Agency to provide $45,000 in additional funding for certain improvements at Sara Sims Park, 35 a copy of the First Amendment to Interlocal Agreement is attached hereto as Exhibit"A". 36 Section 3. The City Commission approves amending the FY 2019-2020 budget, 37 which will adjust budgeted appropriations and revenue sources and provide spending authority 38 for the Capital Improvement Fund (302) as it relates to the amended Interlocal Agreement. f I 39 Section 4. That this Resolution shall become effective immediately upon passage. 40 I PASSED AND ADOPTED this Qday of 2019. 41 42 CITY OF BOYNTON BEACH, FLORIDA 43 44 YES NO 45 46 Mayor— Steven B. Grant 47 48 Vice Mayor— Justin Katz r 49 50 Commissioner—Mack McCray 51 52 Commissioner—Christina L. Romelus r f 53 } 54 Commissioner—Ty Penserga 55 56 57 58 VOTE 59 ATTEST: 60 I 61 /V�V', z �- 62 Cr tal Gibson, MMC 63 City Clerk 65 (Corporate Seal) }" 66 1920 { aw I — � C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\InetcacheUE\DF{L1S8RX\First Amendment_To_ILA With CRA For Partial Fun � ik ding_For_Sara Sims Park - Reso.Docx or-j l i s i FIRST AMENDMENT TTHE INTERLOCAL AGREEMENT ET N r THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE SARA SIMS PARK IMPROVEMENT PROJE CT LOCATED WITHIN THE COMMUNITY REDE L NT j AREA This FIRST A SND NT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY F BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDE'VELOP NT AGENCY FOR. THE FUNDING OF CERTAIN PORTIONS OF THE SARA SIMS PARK IMPROVEMENT PROJECT LOCATED WITHIN THE COMMUNITY REDEVELOPMENT AREA("First Amendment")is entered into by and betweeri the City of Boynton Beach("CITY") and the Boynton Beach Comniunity Redevelopment Agency("CRA")(collectively referred to as i the "Parties"), 1 WHEREAS, the Parties previously entered into the INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON' BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF TEE SARA SIMS PARK IMPROVEMENT PROJECT LOCATED WITHIN THE COMMUNITY REDEVELOPMENT AREA("Interlocal Agreement"); and WH`EREA , the Parties desire that the CRA provide funding for the reassembly of a certain amphitheater at Sara Sims Park(the"Reassembly Project') as as a part of the overall Project described in the Interlocal Agreeemet; and WHERE AS, the CRA Board finds that the Reassembly Project site is within the CRA Area, is consistent with the Project and intent of the Project described in the Interlocal Agreement, and will improve the quality, aesthetics and firaction of Sara Sims Park for the residents of the Heart of Boynton District; and WWREAS,the CRA Board finds that this First Amendment, and the use of the C 's i funds for the Reassembly Project, is consistent with the CRA°s Redevelopment Pian and Chapter 163,Florida Statutes; t NOW THEREFORE, in consideration of the promises contained herein d in the Interlocal Agreement,the sufficiency of which both Parties hereby acknowledge. 1) Incorporation. The recitals and other information above is hereby incorporated herein as if fully set forth. 2) Amendment.Paragraph 2.a.. of the Interlocal Agreement is amended as follows: a. The CRA shall provide funding to the CITY in an amount to not exceed Six j Iluridred and F srt Five_T ho u d and 00f100.Dollars($600-,000,00 t 01157222.1 is r } i, i? i l I f I I 641000 ,for physical improvements to the Project consistent with the terms of this Agreement to be used for reimbursement of certain eligible costs. 3) Clarifieation of Term. The Reassembly Project is part of the overall Project,and therefore,the term Paragraph 7 of the Interlocal Agreement remains in effect;however, to the extent necessary to extend or reopen the term of the Interlocal Agreement to allow for the timely completion and payment of the Reassembly Project,such extension is hereby granted. 4) General.Except as expressly set forth in this First Amendment,the Interlocal Agreement is unmodified and remains in full force and effect,and is hereby ratified and confirmed by the CRA and the CITY. This First Amendment any be executed in any number of counterparts,any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Interlocal Agreement and this First Amendment,this First Amendment shall control. I IN WITNESS THE FOREGOING,the parties have set their hands and seals the day and year first above written. i A Fo BOYNTON BEACH COMMUNITY [ ItEHF ' 'LC)P'MENT AGENCY i is r ( By. ' cc of the CRA Attorney Just �>' in A Viae Chairman r i` j Approved as to o CITY OF BOYNI"ON BEACH Office of 11 tha CT11 T11 YAttorney StevetGrant,Mayor l ii I r f tr o��snaxa 11 f INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN ENHANCEMENTS OF THE SARA SIMS PARK IMPROVEMENT PROJECT LOCATED WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. THIS AGREEMENT ("Agreement")is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Party" or"Parties"). WITNESSETH: WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan; and WHEREAS, the CITY and the CRA desire to provide funding for the enhancement and improvement to Sara Sims Park (the "Project"), as further described in Exhibit "A," which is hereby incorporated herein; and WHEREAS, the Project site lies within the boundaries of the CRA Area, and more specifically, in the Heart of Boynton District; and WHEREAS,the CRA has previously provided funding to the CITY through an interlocal agreement for certain improvements to the Sara Sims Park; and WHEREAS,the Project is intended to improve the quality, aesthetics and function of Sara Sims Park for the residents of the Heart of Boynton District; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 01372498-2 1 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Fifty Thousand and 00/100 Dollars ($50,000), for physical improvements as part of the Project consistent with the terms of this Agreement,to be used for reimbursement of certain eligible costs. b. The CRA shall make payments to the CITY upon receipt of a complete written request from the CITY for payment, which request shall comply with all requirements of this Agreement. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. The CITY shall ensure that the Project is designed and constructed in compliance with the Plan. C. The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. d. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes. 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request")to the CRA no later than 30 days after payment by the CITY of funds for which it is seeking reimbursement, and in no case later than 30 days after the Project achieves final completion. For purposes of this Agreement, final completion shall be deemed achieved upon issuance of a Certificate of Completion, or the equivalent. The request shall include the following information: i. The amount of reimbursement requested; 01372498-2 2 ii. A summary of the Project improvements for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, and evidence supporting the statement. iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. v. For any Reimbursement Request submitted after final completion, a fully executed Certificate of Completion, or equivalent. b. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement,to the CITY within thirty(30)days of receipt of the Reimbursement Request. C. If the CITY fails to submit a Reimbursement Request within 30 days after the Project achieves final completion, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement Request that the CRA deems incomplete,the CRA shall notify the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the CITY fails to provide the documentation required by the CRA within 30 days,the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the CITY for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project,and shall not otherwise be responsible for effectuating the Project. 6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise 01372498-2 3 related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that parry and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Parry to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after the Project has obtained a Certificate of Completion, or equivalent,and the CRA reimburses the CITY for the Project. In no case shall the CRA be required to reimburse the CITY for any untimely requests, or requests submitted after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 10. Default. Unless otherwise provided in this Agreement, if either Parry defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party,the Parry giving notice of default may terminate this Agreement through written notice to the other Parry. Failure of any Parry to exercise its right in the event of any default by the other Parry shall not constitute a waiver of such rights. No Parry shall be deemed to have waived any rights related to 01372498-2 4 the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Parry as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the 01372498-2 5 Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: a. CITY: Lori LaVerriere, City Manager CITY of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 100 E. Boynton Beach Boulevard 4th Floor Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal 01372498-2 6 document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e.,via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity,waiver, and termination, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. [Signatures on following page.] 01372498-2 IN WITNESS WHEREOF,the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Crystal Gibson, CITY Clerk Steven B. Grant, Mayor Approved as to Form: Date: (SEAL) Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Steven B. Grant, Chair Date: 01372498-2 8 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: October 13, 2020 NEW BUSINESS AGENDAITEM: 15.C. SUBJECT: The Villages Project Update SUMMARY: At their September 8, 2020, the CRA Board requested that staff provide a update for the City site plan approved project named, The Villages, a mixed-use site located within both the CRA Redevelopment Plan's Boynton Beach Boulevard and Cultural Districts (see Attachment 1). The Villages site area extends from the 300 Block of E. Boynton Beach Boulevard south to SE 2nd Avenue (see Attachment 11). Since receiving site plan approval from the City, The Villages has not progressed forward into the construction design and permitting phases of Project development. After speaking with the Project's owner, Mr. Arthur D'Almeida, BBCRA staff can report that there have been many meetings between Mr. D'Almeida and various developers regarding The Villages project but with no positive development outcome. According to Mr. D'Almeida, construction costs associated with a project of this size exceeds the threshold of profitability and is not an attractive project to developers. Further discussion centered on the fact that while construction costs have rapidly increased, rent prices while good, are not providing enough revenue to cover the high costs to develop. Mr. D'Almeida remains committed to finding the right developer or development team to build The Villages project. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan. CRA BOARD OPTIONS: To be determined by CRA Board discussion and action. ATTACHMENTS: Description D Attachment I -The Villages Project-Conceptual Drawings D Attachment II - District Development Aerial Map { F tt tt� Ir � s , , y 1 {NI'i��rlo"I fit{ )Von f42r`;�� F i t ( 1 All i �, Vila , F I WWI 1 1w, F - } f P r ti a"'}k� ��; QKN OEM { , { , y � i ss 'fyi y ��t��ssS �} , � t1f��ssi}t }ff�i IfZS is pp _. ' 9,s l>>ls . 1 MR � 5 6 Y 7 4 } �� r �A}I\}tI fir, rSp Sa: '--^• 1 � � },a r } }n = M it } "W' 1 f 4(i t5 4 S \ I i f � t fi�PP (, It zs s 1 ,i +(,tt+it• _ ��t c Aim fi - t ili an"b?112€ n N w � } rA { y tltl i { I it i �1 r fa i i 4 r I I h ,�r•.r k 13i s�s l?' s1 �(�ut44a itis r � a` 1' I 2 4 � i If r Iti} 1�;Fi s r -4 t r - — 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: October 13, 2020 CRAADVISORY BOARD AGENDAITEM: 16.A. SUBJECT: CRA Advisory Board Meeting Minutes - September 3, 2020 SUMMARY: See attached minutes. CRAAB RECOMMENDATION: Approve September 3, 2020 CRAAdvisory Board meeting minutes. ATTACHMENTS: Description D September 3, 2020 CRAAdvisory Board Minutes MINUTES OF THE CRAADVISORY BOARD MEETING WEBEX ONLINE MEETING 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 HELD ON THURSDAY, SEPTEMBER 3, 2020, AT 6:30 P.M. PRESENT: STAFF: Allan Hendricks, Vice Chair Michael Simon, CRA Executive Director Thomas Devlin Bonnie Nicklien, Grant and Project Manager. Golene Gordon Lisa Tayar, Prototype, Inc. Sharon Grcevic Aquannette Thomas ALSO PRESENT: Sergeant Diehl ABSENT: Chief Michael Gregory Anthony Barber, Chair Angela Cruz 1. Call to Order The meeting was called to order by Vice Chair Hendricks at 6:34 p.m. Ms. Nicklien read the WebX virtual meeting protocol into the record. 2. Roll Call Roll was called, and it was determined a quorum was present. 3. Agenda Approval A. Additions, Deletions, Corrections to the Agenda — None B. Adoption of Agenda Motion was made by Mr. Devlin, seconded by Ms. Grcevic, to approve the Agenda. In a voice vote, the motion passed unanimously (5-0). 5. Public Comment — None 6. Consent A. Approval of CRA Advisory Board Meeting Minutes —August 6, 2020 Motion made by Mr. Devlin, seconded by Ms. Grcevic, to approve the August 6, 2020, minutes. In a voice vote, the motion passed unanimously (5-0). Meeting Minutes CRA Advisory Board Boynton Beach, Florida September 3, 2020 7. Assignments A. Pending Assignments 1. Review of Fiscal Year 2020-2021 Project Fund Budget Mr. Simon gave an overview of the FY 2020-2021 Project Fund Worksheet and the workshop. Board assignments were to review the allocation of funds appropriated by the CRA Board August 11, 2020, meeting. The only change was on the fourth line down, the NE 3rd Street Roadway Improvement Project: the original $500,000 budget has been reconsidered. It was decided to halt that project and consider building the road at 2nd Street (aerial shown); area needs traffic flow around eastern block as circulation is important for future commercial plans. The City owns five to seven acres; future plans in two to five years to relocate public works out of the neighborhood and reuse the property for housing. City suggests a 2nd Avenue stop to lead the community development there. Design of 3rd Street has been halted, with monies going back to the Proposed Project Fund spreadsheet. As of August meeting, $500,000 was for design and construction of the street described; Board decided to halt project and pull $400,000 out of the $500,000, add money to the acquisition line, $180,000 to contingency, and the $20,000 balance went to trees. The tree canopy sustainability program approved by the City Commission is to enhance and refill the canopy over the next four-five years. The CRA will monitor the project and report back to the Board where the trees will be installed. Regarding the contingency funds, typically $100,000 is held for hurricane damage/ cleanup and/or an unexpected program; $280,000 is okay, there is no restriction how much can be in the fund; money within the project fund itself can be moved around without need of budget amendment. Otherwise, the rest of the budget numbers are the same as last month's meeting. Vice Chair Hendricks did not disagree with taking out the money for 3rd Street and the assemblage of lots looks good; however, wanted to know if $5007000 was to do the actual road. Mr. Simon said $84,000 was for design with approximately $400,000 for roadway and utility improvements. Some discussion followed on not getting to far ahead with 2nd Street development; what smaller blocks might accomplish from an urban design standpoint; and other influences from developers. Ms. Gordon agreed with the goals presented; however, he had questions about lack of funds in the residential grant program, can funds be added, and why nothing was allocated. Mr. Simon said $75,000 is available in this year's budget that has not yet been requested by an outside entity. The residential grant program is not as attractive as the commercial grants; homebuyer's assistance program is run by the City. The CRA felt the program was cumbersome for the amount of return and the funds could be better allocated elsewhere. Over the 2 Meeting Minutes CRA Advisory Board Boynton Beach, Florida September 3, 2020 last three years, $250,000 was spent, some was put to good use, and Habitat for Humanity is working on last year's grant. Motion made by Ms. Gordon, seconded by Mr. Devlin, to approve Assignment 7.A.1 as submitted. In a voice vote, the motion passed unanimously (5-0). 2. Review of Commercial Properties with Boynton Beach Boulevard Corridor within CRA Area. Mr. Simon stated this item is built upon the last meeting and is more defined by input at the Board meeting by Mr. Simon and Mr. Devlin. The Board looked at major corridors: East Boynton Beach Boulevard, Federal, portions of Gateway, Ocean Avenue, and part of Woolbright, settling on East Boynton Beach Boulevard properties along that corridor. Mr. Devlin challenged the exercise of the advantages of acquiring certain properties if there is no funding; the Board's response was that there is limited funding in the acquisition line; however, there are other area of the budget (e.g., contingency) where it's conceivable. The exercise the Board may assign would be to theoretically create a situation where a property is so important that the Board may consider tapping into other resources; or if there currently are none, the process and knowledge of the area(s) is already established for years ahead. Mr. Devlin explained the Board's thinking on considering advantageous properties to acquire in the future. Vice Chair Hendricks commended this planning exercise and was glad the scope was narrowed. This is a critical corridor and a gateway to the City. Roadway improvements and potential development is enormous with the new Town Square and the Marina District. Consideration can also be given to other main corridors and how other cities handled such challenges. The subway headquarters is done, it is attractive and requires little more improvement; open spaces are an opportunity for redevelopment. Mr. Simon noted that NE 2nd is a lower priority than fronting on Boynton Beach Boulevard. Discussion ensued on exercises to visualize what the corridor could be, to provide a visual reference; this visualization already exists for Boynton Beach Boulevard, but can used as an example for future exercises. Discussion continued on the subway headquarters, sidewalks, the 2023 roadway plan, bike paths, and more. Mr. Simon recapped that funding has been set aside; bidding has gone out for design firm; and the FDOT process. The 1-95 / Boynton Beach Boulevard exchange project will be done all at once. There will be a two-lane exist east from northbound (images will be sent); basically, it will be what was done to Woolbright. No time frame has been given; but probably will be 16-18 months start to finish. Regarding landscaping, the CRA is picking up the bill for the project and the City will take over maintenance of the installation. As to the power lines, there are designs showing how it could be done; but it is more 3 Meeting Minutes CRA Advisory Board Boynton Beach, Florida September 3, 2020 expensive than funds available. Underground lines will be addressed when new development comes in for key blocks with allocation of funds in the future. Discussion ensued on how this can be accomplished in sections of developments. Mr. Simon led additional discussion on how the Board Members can approach this assignment, to pick a block to explore and accept that there may be some duplication of efforts. Consideration for assignments in dividing up the four sections of the corridor were discussed along with possible criteria. This does not need to be completed by the next meeting; this is an evolving assignment, a "living document" of sorts. Mr. Devlin inquired about approaching the Latin American market to redevelop and make nicer along Boynton Beach Boulevard. Mr. Simon commented on the purpose of the CRA's strategic planning goals and listed the ways some of these properties have been tackled in recent years; as the Board moves forward there may be an opportunity to discuss further and perhaps provide consultations along with incentivization and commercial grant programs. B. Reports on Pending Assignments Chief Gregory noted that overall crime is going down citywide; though there is some violence and drugs in the Heart of Boynton area. Mr. Devlin asked about the protest walks; Chief Gregory said they went well and were peaceful; there was open communication while helping to facilitate 1St Amendment rights. 8. Future Agenda Items- None CRA Board meeting is September 8, 2020. 9. Adjournment Upon motion duly made and seconded, in a voice vote, the motion passed unanimously (5-0) and the meeting was adjourned at 7:42 p.m. Attachments: Proposed Fiscal Year 2020-2021 Project Fund Budget [Minutes transcribed by M. Moore, Prototype, Inc.] 4 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: October 13, 2020 PENDING ASSIGNMENTS AGENDAITEM: B.1. SUBJECT: Review of Commercial Properties within Boynton Beach Boulevard Corridor within CRA Area SUMMARY: At their July 14, 2020 meeting, the CRA Board assigned the CRAAB with the task of identifying available properties located within key commercial and light industrial areas of the CRA. CRA staff will provide the CRAAB with a list of properties found on Costar/LoopNet and the Multiple Listing Service that are being marketed as "for sale." The CRA Board's assignment involves the CRAAB performing research and analysis on these properties. The goal of the assignment is to have the CRAAB provide a priority list of properties or recommendations on whether or not to pursue possible acquisition based on available funding. All land assemblages for future redevelopment shall be in furtherance of the 2016 Boynton Beach Community Redevelopment Plan. At the August 11, 2020 Board Meeting, the CRA Board provided further direction for CRAAB to focus on the Boynton Beach Boulevard corridor for the assignment to coincide with the future Boynton Beach Boulevard roadway improvements and other redevelopment activities. CRA staff has provided the results of available property searches from CoStar/LoopNet as Attachment I. FISCAL IMPACT: To be determined. CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Community Redevelopment Plan CRAAB RECOMMENDATION: To be determined. CRA BOARD OPTIONS: To be determined. ATTACHMENTS: Description D Attachment I -Commercial Properties For Sale on E. Boynton Beach Blvd. - DF Bav,t,/rl(';anal � N Hcn NL NAI fr`,is� a� t,t,,e L^ A„. f arVn Luther Kjrl)Jr Blvd wra n`3 F” „Ftf Avr, Naim,,, «,� ; III P 01,h. 11Ao - Hal r r p i Lc. r a ,.7 �3.uid'1 Vj ti u, A `.rryti h3n sv.. L Ocea91 Ave f�. � a a a e4 i A Il .`i ro rn rr an Or cl wt '01'ITM N ,r m r " 7 h _ M ri7 ,Sry vi i r 5'k t Ocean Ridge Natural Areaa z )th X a IIV,AIv r„�Ilt ktap data @21020 G=g�-- 300 NE 2nd St Building Type:Land Space Avail:0 SF Status: Existing Max Contig:0 SF Boynton Beach,FL 33424 Building Size: Smallest Space:_ Land Area: 1.03 AC Rent/SFNr:For Sale Only Palm Beach County Stories:_ % Leased:0% Boynton/Lantana Submarket 8/26/2020 Copyrighted report licensed to Boynton Beach Community Redevelopment Agency-686423. Only properties with valid lat/lon display on map Page 1 225 W Boynton Beach Blvd Building Type:Land Space Avail:46,174 SF P,c- Status: Existing Max Contig:0 SF Boynton Beach,FL 33435 Building Size: Smallest Space:_ Land Area: 1.06 AC Rent/SFNr:Withheld Palm Beach County Stories:_ % Leased:0% Boynton/Lantana Submarket 420 W Boynton Beach Blvd Building Type:Class B Office/Loft/Creative Space Avail:6,000 SF Space Max Contig:6,000 SF Boynton Financial Centre Status:Built 1985 Smallest Space:6,000 SF t Building Size:6,083 SF Rent/SF/Yr:For Sale Only = to ?•, Boynton Beach,FL 33435 Typical Floor Size:6,000 SF % Leased:1.4% Palm Beach County Stories:2 Expenses:2019 Tax @$3.23/sf Boynton/Lantana Submarket 433 W Boynton Beach Blvd Building Type:Land Space Avail:0 SF Status: Existing Max Contig:0 SF n Downtown Boynton Beach Building Size: Smallest Space:_ Blvd. Land Area:0.56 AC/0.56 AC(Net) Rent/SFNr:For Sale Only Stories:_ oho Leased:0% Boynton Beach,FL 33435 Palm Beach County Boynton/Lantana Submarket 8/26/2020 Copyrighted report licensed to Boynton Beach Community Redevelopment Agency-686423. Only properties with valid lat/lon display on map Page 2 Property Summary Report 300 NE 2nd St Boynton Beach, FL 33424- Boynton/Lantana Submarket Nva *.tri rx, LY LAND Type: Commercial Land Topography: Level Land AC: 1.03 AC Land SF: 44,867 SF ZONING& USAGE Zoning: C4, R2 Proposed Use Mixed Use Approvals: Maps CURRENT CONDITION Grading: Raw land Infrastructure: No Curb/Gutter/Sidewalk, No Electricity, No Gas, No Sewer, No Streets, No Water TRAFFIC& FRONTAGE Traffic Volume: 19,585 on East Boynton Beach Boulevard &NE 3rd St(2020) 33,915 on E Boynton Beach Blvd& NE 3rd St(2013) Frontage: 172'on NE 2nd St. Made mvith TrarficMetrix"Preducr TRANSPORTATION Commuter Rail: 8 minute drive to Boynton Beach Commuter Rail (Tri-County Commuter) Airport: 22 minute drive to Palm Beach International Airport Walk Score o: Very Walkable(77) Transit Score o: Minimal Transit(0) 8/26/2020 Copyrighted report licensed to Boynton Beach Community Redevelopment Agency- Page 1 F! 686423. COStar 9 Property Summary Report 225 W Boynton Beach Blvd Boynton Beach, FL 33435- Boynton/Lantana Submarket Image , cit Available' LAND Type: Commercial Land Topography: Level Land AC: 1.06 AC Land SF: 46,174 SF ZONING& USAGE Zoning: C2 and and R1 Proposed Use: Commercial,Convenience Store, Day Care Center, Fast Food, Medical, Restaurant, Retail, Service Station,Strip Center CURRENT CONDITION Grading: Raw land Infrastructure: Curb/Gutter/Sidewalk, Electricity, No Gas, Sewer, Streets,Water TRAFFIC& FRONTAGE Traffic Volume: 32,140 on West Boynton Beach Boulevard& NW 3rd St(2020) 30,783 on W Boynton Beach Blvd &NW 4th St(2020) Frontage: 260'on Boynton Beach Blvd.(with 4 curb cuts) Made vvith TrarficMe rixJ Producr TRANSPORTATION Commuter Rail: 7 minute drive to Boynton Beach Commuter Rail (Tri-County Commuter) Airport: 21 minute drive to Palm Beach International Airport Walk Score o: Very Walkable(72) Transit Score o: Minimal Transit(0) 8/26/2020 Copyrighted report licensed to Boynton Beach .Community Redevelopment Agency- COStaYTM Page 3 Property Summary Report 420 W Boynton Beach Blvd - Boynton Financial Centre Boynton Beach, FL 33435- Boynton/Lantana Submarket BUILDING !i t, Type: Class B Office Tenancy: Multiple Year Built: 1985 r RBA 6,083 SF 4t , Floors 2 Typical Floor: 6,000 SF f Construction Reinforced Concrete LAND Land Area: 0.34 AC p ~;rte Zoning C2 �t ilii ksf"til'�i7r;S1 �a!}f (l itt(r{�tYt EXPENSES PER SF t 3 air 1 lep {„ �i ! , ;xi ' 4rtY4 ter. t st �4 t .? k ' Taxes' $3.23 2019) PARCEL 08-43-45-28-11-000-0030 AMENITIES 24 Hour Access, Controlled Access, Natural Light, Partitioned Offices, Plug& Play, Signage LEASING Available Spaces: No Spaces Currently Available TRANSPORTATION Parking: Surface Spaces @$0.00/mo;24 free Covered Spaces are available; Ratio of 3.95/1,000 SF Commuter Rail 7 minute drive to Boynton Beach Commuter Rail (Tri-County Commuter) Airport: 22 minute drive to Palm Beach International Airport Walk Score o: Somewhat Walkable(65) Transit Score o: Minimal Transit(0) KEY TENANTS Subway-South Florida 1,200 SF Gmr Payment Service 300 SF PROPERTY CONTACTS True Owner: 420 West Boynton Bch Blvd Llc Recorded Owner: 420 West Boynton Bch Blvd Llc Pr'oper'ty Manager:Subway of South Florida 8/26/2020 Copyrighted report licensed to Boynton Beach Community Redevelopment Agency- Page 4 F! 686423. COStar g Property Summary Report 420 W Boynton Beach Blvd - Boynton Financial Centre Boynton Beach, FL 33435- Boynton/Lantana Submarket MARKET CONDITIONS Vacancy Rates r Current YOY Gross Asking Rents Per SF Current Yoyi Current Building 98.6% 98.6% Submarket 1-3 Star $29.95 4.8% Submarket 1-3 Star 9.5% o.9% Market Overall $35.21 4.5% Market Overall 10.4% 1.2% Submarket Leasing Activity Current YOY Submarket Sales Activity Current Yoyi 12 Mo. Leased SF 141,351 0.5% 12 Mo. Sales Volume(Mil.) $8.1 -59.7% Months On Market 9.0 1.0 mo 12 Mo. Price Per SF $274 9.o% 8/26/2020 Copyrighted report licensed to Boynton Beach Community Redevelopment Agency- Page 5 F! 686423. COStar- g Property Summary Report 433 W Boynton Beach Blvd - Downtown Boynton Beach Blvd. Boynton Beach, FL 33435- Boynton/Lantana Submarket f,u= - + ,„ NW 3rd Avenueo- �;y NW 3rd Street NW 4th Street ,+ r s y �r f 433 WBBB mt . + All z .® West Boynton BeachBlvd. RA-WA) m r i s �MSknFlle +n ,:. r r trr. �, aVAr ? x,'l LAND Type: Commercial Land Topography: Level Land AC: 0.56 AC Land SF: 24,394 SF Dimensions: Irregular PARCEL 08-43-45-21-15-000-0830 ZONING& USAGE Zoning: C2-Office/Retail Proposed Use. Hold for Investment CURRENT CONDITION Improvements: Vacant land Grading: Raw land Infrastructure: Curb/Gutter/Sidewalk, Electricity,Gas, Sewer, Streets,Water TRAFFIC& FRONTAGE Traffic Volume: 29,966 on W Boynton Beach Blvd &NW 4th St(2018) 32,820 on W Boynton Beach Blvd &I-95(2013) Frontage: 218'on W Boynton Beach Blvd 113'on NW 4th St Made mvith TrarficMetrix"Preducr 8/26/2020 Copyrighted report licensed to Boynton Beach Community Redevelopment Agency- e 6 �'' 686423. Costar+" Page Property Summary Report 433 W Boynton Beach Blvd - Downtown Boynton Beach Blvd. Boynton Beach, FL 33435- Boynton/Lantana Submarket TRANSPORTATION Commuter Rail: 7 minute drive to Boynton Beach Commuter Rail (Tri-County Commuter) Airport: 21 minute drive to Palm Beach International Airport Walk Score o: Somewhat Walkable(65) Transit Score o: Minimal Transit(0) PROPERTY CONTACTS True Owner: HASNER REALTY CORPORATION Recorded Owner: Boynton East Llc Prior True Owner: Castle Florida Building Corp 8/26/2020 Copyrighted report licensed to Boynton Beach Community Redevelopment Agency- Page 7 F! 686423. COStar 9