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Agenda 11-10-20
1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY Community Redevelopment Agency Board Meeting Tuesday, November 10, 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 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 B. Public Relations Articles Associated with the CRA 9. Public Comments 10. CRAAdvisory Board A. CRAAdvisory Board Meeting Minutes- October 1, 2020 B. 2021 CRAAdvisory Board Meeting Dates C. Pending Assignments 1. Review of Commercial Properties within Boynton Beach Boulevard Corridor within CRAArea D. Reports on Pending Assignments 11. Consent Agenda A. CRA Financial Report Period Ending October 31, 2020 B. Approval of CRA Board Meeting Minutes- October 13, 2020 C. Approval of 2021 CRA Board Meeting Dates D. Approval of Commercial Property Improvement Grant Program in the Amount of$9,269.33 for Boardwalk Italian Ice & Creamery, LLC located at 209 N. Federal Highway E. Approval of Commercial Rent Reimbursement Grant Program in the Amount of$11,658 for H. Longo Insurance Associates, Inc. d/b/a Allstate Insurance Located in Gulfstream Professional Building at 500 Gulfstream Boulevard, Unit 201 F. Approval of an Increase in Funding for the Commercial Property Improvement Grant Program in the Amount of$3,837.41 for Saikrupa 1900, LLC d/b/a Inlet Inn Motel located at 1900 N. Federal Highway 12. Pulled Consent Agenda Items 13. CRA Projects in Progress A. Marketing, Business Promotions, and Social Media Update B. CRA Economic& Business Development Grant Program Update C. Ocean Breeze East Affordable Multi-Family Rental Apartment Project U pdate 14. Public Hearing 15. Old Business A. MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project Update B. Discussion and Consideration of a Request from South Florida Marine to Amend the Purchase and Development Agreement C. 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 D. Discussion of the Tentative Schedule for the Review of the Cottage District Infill Housing Redevelopment Project Development Proposals E. Consideration of the Economic Development Grant Program Guidelines and Applications for FY 2020 -2021 16. New Business A. Consideration of an Interlocal Agreement between the Boynton Beach CRA and Solid Waste Authority of Palm Beach County B. Consideration of an Interlocal Agreement between the City and CRA for the funding of the Tree Canopy Coverage Project C. Consideration of Accepting the Transfer of the City-Owned Property Located at 1102 N. Federal Highway Boynton Beach, FL and Subsequently the Approval to Dispose of the Property 17. Future Agenda Items A. Discussion Regarding Prevailing Wage, Benefits and Apprenticeship Policies for CRA Procurement and Requests for Proposals B. Consideration of an Interlocal Agreement between the City and CRA for Funding Portions of Veteran's Park Parking Project C. Sara Sims Park Amphitheater Plans D. 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 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: November 10, 2020 INFORMATION ONLY AGENDAITEM: 8.A. SUBJECT: Public Comment Log SUMMARY: The CRA Board is being provided the Public Comment Log for the time period since the last Board meeting (see Attachment 1-111). 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 - Email from Susan Oyer D Attachment III - Email from Kim Kelly 0 ° ° r o z N N U � o r -o O ,t O C) N LL E J U U m W _0- Z O N � rn � Q O Q N N O ° N o 0 o Y 1 � � 4 � Y — ° EE W W " U }r 7 r 0 0 0 0 N N O ' N Nicklien, Bonnie From: Simon, Michael Sent: Tuesday, October 13, 2020 11:28 AM To: Nicklien, Bonnie Cc: Shutt,Thuy Subject: FW: parking downtown Attachments: satellite parking pic--edit--marked up--152jpg Hi Bonnie: Will you please keep this for next month's public comment log. Thank you. Michael Sin-,ion,n, ER A-R A, CP3P, EI E3 Executive Director Boynton Beach Con'imiunit I ede °elr:pn—,ient Agency 100 E. Ocean Ave. Boynton Beach, Florida 33435 561-600-9091 a 1-333-32ata Sin-,ionM@bbfl.us 10 http://www.boyntonbeachcra.com C 3 L9 WN BOYN BE "C'R COMMUM REDEVELOPMENTAMCY America's Gateway to the Gulfstream Please be advised that Florida has a goad public records law and all correspondence to mie via enIail n-,Iay be subject to disclosure.Under, Florida records law, en-,,ail addresses are public records.Therefore, your,e-n-,,ail on-imiuni ation ars your,e-niail address n-,iay be subject to public disclosure. From: Susan Oyer<susanoyer@gmail.com> Sent: Tuesday, October 13, 2020 7:45 AM To: Grant, Steven<GrantS@bbfl.us>; Penserga, Ty <PensergaT@bbfl.us>; Hay, Woodrow L. <HayW@bbfl.us>; Katz, Justin <KatzJr@bbfl.us>; Romelus, Christina<RomelusC@bbfl.us>; Simon, Michael <SimonM@bbfl.us>; LaVerriere, Lori <LaVerriereL@bbfl.us> Cc: Kim Kelly <harleycabo@gmail.com> Subject: parking downtown i Dear all: As more discussions happen regarding the 115 N. Federal Hwy area, you will hear more "promises" on parking. The most recent offers up 120 public spaces I believe? I'm attaching the parking count I made about a month or so ago. I've marked up the map so you can see what spaces are where. Depending on how people park along the tracks, you get about 152 spaces in this immediate area. Note we've lost 10 spaces when the city remarked the spaces--I believe I've complained about that in the past. You may want to consider the on street parking being compact cars only like so many cities around the world have done. Then you can get more parking in. Plus, it sets the right tone in our forward- thinking, sustainable city. Let's not reward people for making poor car choices when they buy gas- guzzling, environment destroying massive vehicles that they just don't actually need. Let's reward people for making the right choices for our city, our planet. https://www.youtube.com/watch?v=L113htfrgeQ As we come into the new paradigm taking hold on the planet, will we be on the right side? Will we be leading? Will we be making the right choices for this increasingly over-populated planet? Feel free to let me know if my math is off. Susan Oyer 2 Pan-,tela Wohler Adn-,iinistrative Assistant City Manager's Office e - Mailin address: P.O. Box 310 Boynton Beach, Florida 3425 Physical address: 100 E. Ocean Ave. I Boynton Beach, Florida 3435 561-742-6015 11�00 CITY OF BOYNTON BEACH Please e advised that Florida has a goad public records law and all correspondence to nie via enIail n-,Iay e subject o disclosure.Under, Florida records law, en-,,ail addresses are public records.Therefore, your,e-n-,,ail on-m-wni a ion ars your,e-niail address n-,iay e subject o public disclosure. From: Kim Kelly<harleycaboCgmail.com> Sent:Tuesday, October 20, 2020 12:53 PM To: Hay, Woodrow L. <HayW bbfl.us> Subject: Downtown Boynton-Kim Kelly Good Afternoon Woodward, I hope all is well. I just wanted to touch base with you about your vote tonight and the comprehensive plan that should be discussed before a 'Lets move forward" with all these projects We need a plan that will make Boynton a viable and a place of destination and not just a City that will make other towns successful because we provide the residences. Here is just a thought: Throwing up mix use after mix use is NOT the answer.. we need an upscale HOTEL in the downtown area that will boost our economy by bringing tourists and visitors to our area. We need a SHOPPING and ENTERTAINMENT district for activity and a purpose to visit. We NEED OUR LEADERS to listen to their COMMUNITY. From Seacrest to the the Beaches lets tie it all W! Design a group that can give input with pros and cons rather than just our elected officials deciding what is best for us. A vision that would allow us to have concerts on the west end, shopping in the middle and boating on the east! It's called a comprehensive plan. We don't need anymore workshops because no one listened the last time we had one which was similar to the plans I have proposed. The City is voting tonight on another 300 apartments. Throwing something at the wall until it sticks is not how to build a city. For the record I am not against development, I am just against the wrong development. What would it hurt to organize a small group of diversified leaders of the community and hear what they have to say. Are we in a rush? Let 's build our downtown as a whole and then we put out the RFP and make it so it's to our specifications rather than only their vision. I appreciate your time and consideration Respectfully, 2 Kim Kelly 561 9041241 3 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: November 10, 2020 INFORMATION ONLY AGENDAITEM: 8.13. SUBJECT: Public Relations Articles Associated with the CRA SUMMARY: Coastal Star: Boynton Beach CRA Hesitant to Take Parking Garage in Place of Cash from Developer - https://thecoastalstar.com/profiles/bIogs/boynton-beach-cra-hesitant-to-take-parking-garage-in- place-of-cas Sun Sentinel: Boynton Beach & Delray Beach Boat Parade Cancellation - https://www.sun- sentinel.com/holidays/fl-et-boat-parade-cancelled-boynton-defray-20201021- 2douauhygnhbbeyevn556pdbpq-story.htm Boca Raton Tribune: BBCRA Economic Development Grants - https://www.bocaratontribune.com/bocaratonnews/2020/10/message-from-the-ceo-moving- business-forward-27/ 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. 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: November 10, 2020 CRAADVISORY BOARD AGENDAITEM: 10.A. SUBJECT: CRAAdvisory Board Meeting Minutes - October 1, 2020 SUMMARY: See attached minutes. ATTACHMENTS: Description D October 1, 2020 CRAAdvisory Board Minutes MINUTES OF THE CRAADVISORY BOARD MEETING WEBEX ONLINE MEETING 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 HELD ON THURSDAY, OCTOBER 1, 2020, AT 6:30 P.M. PRESENT: STAFF: Anthony Barber, Chair Michael Simon, CRA Executive Director Allan Hendricks, Vice Chair Theresa Utterback, CRA Dvlpmt Specialist Thomas Devlin Lisa Tayar, Prototype, Inc. Golene Gordon Sharon Grcevic ALSO PRESENT: Sergeant Diehl ABSENT: Angela Cruz Aquannette Thomas 1. Call to Order The meeting was called to order by Chair Barber at 6:33 p.m. Mr. Simon 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 Vice Chair Hendricks, seconded by Ms. Grcevic, to approve the Agenda. In a voice vote, the motion passed unanimously (5-0). 4. Public Comment — None 5. Consent A. Approval of CRAAdvisory Board Meeting Minutes — September 3, 2020 Motion made by Vice Chair Hendricks, seconded by Ms. Grcevic, to approve the September 3, 2020, minutes. In a voice vote, the motion passed unanimously (5-0). Meeting Minutes CRA Advisory Board Boynton Beach, Florida October 1, 2020 6. Assignments A. Pending Assignments 1 . Review of Commercial Properties within Boynton Beach Boulevard Corridor within CRA Area Chair Barber reviewed the assignment to the Board Members to determine viable properties for purchase and redevelopment. Vice Chair Hendricks said the scope was narrowed to just Boynton Beach Boulevard, both sides of the street between 95 and Federal. Then the Board divided it up into four sections to find whatever information could be gathered. Seacrest was the dividing line. Mr. Devlin reported that he drove through [assigned area inaudible} and videoed buildings, land, and what was available in order to become familiar with the area. Of note were two vacant pieces and that Franks will be reopening. Ms. Gordon suggested several properties to look at: • 1320 S Federal (vacant land) • 3230 Federal (potential property) • 800 NE 7t" Street • 300 NE 2nd Street Ms. Grcevic reported on 217 NE 3rd; that she had spoken to Mario at Bruno's Auto Body who has owned that strip on the southwest corner with multiple businesses for many years; Mario is thinking about getting out in a few years and would be willing to discuss this property further sometime down the road. Vice Chair Hendricks reported on the south side of Boynton Beach between Seacrest and Federal and found some interesting activity with people taking parcels and assembling them. KMG Holdings; all of the parcels on Northwest 1 st Avenue are residential except for Boynton Boundless, which is commercial. The zoning for the area along Boynton Beach Boulevard is C2, which is Community Business. The Subway Regional Corporate building is in good shape; the daycare center is in good shape. The CRA just spent some money creating Health Hearts (the two residential buildings that got connected as a veterinary service). An aerial graphic was shown to demonstrate (highlighted in pink) the places that don't need to have much done. Continuing, Vice Chair Hendricks said the boundaries around the parcels that have been assembled were informative, the CRA is already actively involved with the area at Seacrest and Boynton. The two parcels that need the most attention are the two in red (see attached). (In full disclosure, Vice Chair Hendricks knows one of the owners at the check-cashing place.) Mr. Simon's question was inaudible, but the reply was that Mr. King is on the Sunbiz as one of the directors and the short answer to the question is yes. These are usually wise investors with reasons why they purchase property on Boynton Beach 2 Meeting Minutes CRA Advisory Board Boynton Beach, Florida October 1, 2020 Boulevard, such as an eye to future development. The parcel near the hotel was put together is a fashion for potential, some of it has already been improved. If the block is really developed deep, some rezoning will be needed behind in the residential area, improving the commercial areas to be harmonious with nearby residential (e.g., lower-rise neighborhood commercial appropriate for that whole stretch). In closing, it was suggested that whatever is decided should have a clear format to present to the CRA Board. Mr. Simon noted that no time frame was given by CRA. Some type of information template has been created as information is gathered. Some discussion ensued as to said template and that it fits everyone's research. Mr. Simon can ask the CRA for more direction as to their expectations so that the information provided will be most helpful, especially if the CRA is looking for recommendations. Vice Chair Hendricks' presentation of information was a good exemplar to start with, i.e, does the Advisory Board see/feel/notice any particular group of properties or property in the four sections assigned that the CRA should consider, what ongoing upgrades that would encourage future redevelopment in that area. Maybe it isn't about buy another parcel, but more creating an environment, visually, security, beautification, that encourages the private sector to buy. Of note, Mr. Simon stated that the Boynton Beach CRA is becoming the likely buyer of property downtown; we do not want to be the only sales in the market, rather to encourage private sector interest. CRA is a long-term development company and doesn't want to buy too many key parcels rather than promoting to the private sector to purchase. Returning to the assignment at hand, the Board Members discussed the best ways to convey their research to the CRA; suggestions to have a template provided so that each member could elaborate with their own suggestions including adding frontage, facelifts, parking lots, etc., to improve CRA areas. Ms. Gordon suggested the Vice Chair take charge of the presentation to the CRA Board. Vice Chair Hendricks agreed to create the spreadsheet template to gather the criteria which would aid in compiling all the information. Before next month's meeting, Mr. Simon will work with Staff to distribute the templates, along with a list of grantees, to the Board for further discussion and finalizing the assignment presentation. 7. Adjournment Upon motion duly made and seconded, in a voice vote, the motion passed unanimously (5-0) and the meeting was adjourned at 7:37 p.m. Attachments: Vice Chair Hendrick's Aerial Map of Seacrest area. [Minutes transcribed by M. Moore, Prototype, Inc.] 3 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: November 10, 2020 CRAADVISORY BOARD AGENDAITEM: 10.13. SUBJECT: 2021 CRA Advisory Board Meeting Dates SUMMARY: CRA Advisory Board meetings are held on the first Thursday of every month at 6:30 p.m. at Commission Chambers at City Hall located at 100 E. Ocean Avenue, Boynton Beach, FL 33435. Due to the COVID-19 pandemic, the City has currently held meetings virtually through the WebExonline platform. The following is a list of the CRA Advisory Board meeting dates for the period January- December 2021: • January 7 • February 4 • March 4 • April 1 • May 6 • June 3 • July 1 • August 5 • September 2 • October 7 • November 4 • December 2 There are no known conflicts with National Holidays, National Elections or Local Election dates. CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: 2021 Meeting Dates approved by CRAAB at their November 5, 2020 meeting. 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: November 10, 2020 PENDING ASSIGNMENTS AGENDAITEM: C.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 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: November 10, 2020 CONSENT AGENDA AGENDAITEM: 11.A. SUBJECT: CRA Financial Report Period Ending October 31, 2020 SUMMARY: The following CRA monthly financial and budget reports for the period ending October 31, 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: FY2020-2021 Annual Budget CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY2020-2021 CRA Budget CRA BOARD OPTIONS: Approve the C RA's monthly financial and budget report for the period ending October 31, 2020. ATTACHMENTS: Description D Attachment I - Monthly Financial Report for Period Ending October 31, 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-October 31,2020 Total Debt Service Governmental General Fund Projects Fund Fund Funds REVENUES Tax increment revenue - - Marina Rent&Fuel Sales 64,657 64,657 Contributions and donations - - - Interest and other income 2,202 2,221 25 4,447 Total revenues 66,858 2,221 25 69,104 EXPENDITURES General government 397,087 - 397,087 Redevelopment projects - 2,339,769 2,339,769 Debt service: - Principal - Interest and other charges - - - Total expenditures 397,087 2,339,769 2,736,856 Excess(deficiency)of revenues over expenditures (330,229) (2,337,548) 25 (2,667,752) OTHER FINANCING SOURCES(USES) Funds Transfers in Funds Transfers out Total other financing sources(uses) - Net change in fund balances (330,229) (2,337,548) 25 (2,667,752) Fund balances-beginning of year 2,906,346 11,849,341 109,356 14,865,043 Fund balances-end of year 2,576,117 9,511,793 109,381 12,197,291 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 - October 31, 2020 Original Budget Final Budget Actual REVENUES Tax increment revenue $ 14,852,192 $ 14,852,192 - Marina Rent&Fuel Sales 1,000,000 1,000,000 64,657 Interest and other income - - 2,202 Other financing sources(uses) 100,000 100,000 - Total revenues 15,952,192 15,952,192 66,858 EXPENDITURES General government 3,883,070 3,883,070 397,087 Total expenditures 3,883,070 3,883,070 397,087 Excess of revenues over expenditures 12,069,122 12,069,122 (330,229) OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (12,069,122) (12,069,122) - Total other financing sources(uses) (12,069,122) (12,069,122) Net change in fund balances $ - $ - (330,229) Fund balances-beginning of year 2,906,346 Fund balances-end of year 2,576,117 The notes to the basic financial statements are an integral part of this statement. 1 > 0 o,R o\° o\° o\° o\° o\° o\° 9 o\° o\° o\° o\° o\° o\° o\° o\° o\° o\° 010 010 010 010 010 010 010 010 010 010 010 010 010 010 o\° o\° U7 L N O to to O O O O W Ln to O O O O 7 O N O O O O 00 O O O n O M O O O O O O OO ,� O W c-I O O O O Ln 7w O O O I, O O 7c O O O c-I O O O to O W O O O O O O co O to M O O O O T /1 E � � O 01 01 O Ol M 01 O O O 00 01 O l0 O O O O 00 O O O 01 M 01 O O O O O 00 iS3 Y/ EO eq o o a m o N n O O O O O w 0 0 0 0 0 0 Lo O O O O O m 0 0 0 0 0 n O C O O Lf1 to O O n n to O O O W Il O LQ O O O O to O O O N O LQ O O O O O to YA/1 N C N O Ln I, N m O cn o0 Ln O O O to O O I, O O O O M Ln O O o0 Ln m O O O O O ti 4i 0 m to M c-I o0 O cn Ln M O Ln Ln O I, O N O O O O W I, O O n n O Ln O O O O o0 C: \ E c-I o0 Il O cv M O O I" n LI) rl v rl 7 v O O Il 7 7 O c-I W N O 7 O LI) N V/ N to 00 �--� O Ln N to Ln to Ln r, N N c-I N N Ln r, Lf1 al M O W N O 0 00 00 c-I W M N O 0 to ti ■• • U m' N Q 0) c 4) O O to n M n O m Ln O O O O O N O O O O O O 7c O O O O n O O O O O Ln fu O O to O O N N O O O N N O LQ O O O O M O O O o0 O 7 O O O O O M O O 7 n N m O W ti O O O 7 m O n O O O O to O O O O Ln O O O O O O o0 �t Ln M N 00 Ln Lo O N O N N I, m Ln N N Ln I, W N Lo �t m 01 N Lo N N N •/� fp m0 M N l0 M M M Q W O O to n M n O m Ln O O O O O N O O O O O O 7 O O O O O n O O O O O Ln O O to O O N N 7 O O O N N O LQ O O O O M O O O o0 O 7 O O O O O M Z O O 7 n N m O co c-I 7 O O O 7 m O n O O O O to O O O O Ln O O O O O O o0 +-' �t Ln M N 00 Ln Lo O N O N N I, m Ln QN Lr 1� n W N � LO � a 01 N L N N N M N N 0 M M M jp l0 l0 N N 0 O F- 4) 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 O O O O O O O O O O O O O O O O O O f6 m to C C to Gl 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 09 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 N O O O O O c-I O O Ln O O O O O Ln O O m O O O O O O O O j m O O O T O O O Ln Ln to O O M O O O O O n O O W Ln O Ln O O O O 7 m c-I O O O N LI) LI) O I, n M N LI) lR 7 LI) O O O O rl N O N O 7 O LI) N O O O N I, to 7 W I, Ln N N N N Ln to n N N N u Ln O O O Ln c-I 7 c-I c-I c-I W N W N 0 N a M N LL Ln 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 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 O N 0� Ln m E N 7 u C W H f6 i+ 0 F d 7 C d J d w ~O Z_ Z_ Z_ w z n w w Ln V w w H Z to w H J 0 O Z 'n 'n w p Z' n w to w O Z ` n a j °� in u °� w in H in u a co Z J V w (7 X W in w w w W w X a w Q O In In z 0 U J co Z W W z Z O W Z In V O W J Z m H O w z V Z W Ln V 0 Z W W w J ¢ W W > W O O H J w co PZ d p > a- z 0 U LL z z H Z c wc in w w Wc to w w w H W Z w H in w V w W W L C = z O C 0=' D W w' W W Z V W LL. } D LL' V 0 z z z w a < � w w Z W w w Z < LL W w w (0 w w H w V > V p ¢ V o� > w V J Y W 0 � .1 > w V D w — ¢ ¢ ¢ `^ p p 0 w W = = m w J W 0 J m O z z m E ? 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CRA BOARD OPTIONS: Approve the October 13, 2020 CRA Board Meeting Minutes ATTACHMENTS: Description D October 13, 2020 C RA Board Meeting M inutes MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ONLINE VIA THE GOTOWEBINAR PLATFORM BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 13, 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 5:30 p.m. John McNally, ITS Director, read an opening statement indicating how the meeting would proceed and how the public could participate. 2. Invocation The invocation was a reading of Autumn Month by an unknown author read by Chair Grant. The members recited the pledge to the Flag. 3. Roll Call Roll call established a quorum was present. 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chair Grant added Items 17E and 14D and have a discussion with the CRA Board regarding 115 N. Federal Highway. He spoke to adjacent property owners and he wanted to update the Board on his thoughts. B. Adoption of Agenda Motion Board Member Katz moved to approve the agenda as amended. Board Member Hay seconded the motion. The motion unanimously passed. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2020 5. Legal A. Purchase and Development Agreement Status on Ocean One Boynton, LLC Attorney Tara Duhy was asked for an update regarding compliance with the developer reporting requirements for the above project. She explained the deadline was extended for a year so the deadlines for the TIF agreement will expire in January. The failure to commence construction would trigger the dedication of the park piece. The most pertinent reporting requirement pertained to their due diligence and to obtain permits until construction is complete when they do commence. She did not believe there was any activity. Board Member Katz asked when would the parcel would revert back to the CRA if they do not commence activity on the land at the park. Attorney Duhy explained the purchase and development agreement as amended states they must commence construction in January of 2021. If not, then they have to commence construction of the public plaza portion the year after. There is a trigger, but the deadline to commence construction is January 2021. 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. Board Member Romelus spoke with Harvey Oyer, Bradley Miller, and Davis Camalier regarding the property at 115 Federal Highway. Vice Chair Penserga spoke with the same individuals on the same matter. Chair Grant spoke with Davis Camalier and Buchanan Partners; Art D'Almeida, Mr. Islam who owns Chevron and the Ocean Mart; Valerie Pleasanton of Ace Hardware; Harvey and Christian Oyer; and Bill Morris and Bradley Miller. He disclosed he spoke with Louis Kalliantas, 407 NE 1St Street. He provided him with legal services in the past, but he is not a current client of his. 7. Announcements and Awards 8. Information Only A. Public Comment Log 9. Public Comments Susan Oyer, 140 SE 27th Way, objected to having to wear a mask as it made speaking difficult for her. She spoke about beautification issues in the City and CRA District. She 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2020 explained a few years ago, residents were surveyed. The survey revealed residents wanted beautification and nothing has been done. She indicated people get off 1-95 on Atlantic Avenue and see something nice. In Boynton, there are empty concrete medians and a small sign on Boynton Beach Boulevard, no landscaping, no trees, nor lights on trees. She challenged the Commission to live up to their word. Chair Grant explained there is a $20M project using Transportation Planning Agency funds. It is in the five-year plan and they are still three years away. They would redo Boynton Beach Boulevard from 1-95 to Federal Highway. It will take three years. As to the different environment beautifications, the CRA is funding tree canopies in the City and provided $35K to do so. Ms. Oyer pointed out it did not do anything for Woolbright Road or Gateway Boulevard. Chair Grant explained those roads and land belong to the State and they would be beautified through the Florida Department of Transportation (FDOT). He noted the FCOT has not spent money in Boynton Beach because it is not as well- known as other areas. The State of Florida has to spend 1.5% of a project's cost for landscaping, but it does not have to be spent on that location. It has to be spent anywhere in District 4 which encompasses Broward County to Indian River. He suggested she direct her comments to the Florida Department of Transportation. Ms. Oyer asked about the median. The City had received funding for median strips, but the prior Commission decided not to maintain them and they are in disrepair. They have the opportunity to fix the median or the infrastructure and they are fixing the infrastructure. She asked about the rest of the streets that have nothing to do with 1-95. Chair Grant suggested she donate. Robby Patel was new to Boynton Beach. He opened a physical therapy office in the CRA District on January 1St. The pandemic shut him down for two months and it has been a struggle to get back on his feet. He learned about the grant that helps new businesses with rent that was due October 19t, and he missed the application by one month. He hoped the CRA would still consider his application. Chair Grant explained the Board would have to agree to consider it. Mr. Patel commented that he liked the way the Board opened its meeting with the Pledge of Allegiance to the Flag. Board Member Katz inquired if this is for a grant that occurs on an annual basis or if this was a special situation. Bonnie Nicklien, Grants and Project Manager explained she was working with Mr. Patel, a recipient of the loan program. In order to be eligible for the grant, recipients have to file within six months of receiving their Business Tax Receipt (BTR.) Mr. Patel received his on March 26, 2020, so they are just outside of the six-month requirement for him to be eligible. Vice Chair Penserga supported this one-time exception. Commissioner Romelus commented the issue is there have been businesses that have missed the deadline by days and not a month. This could set a precedent. She has pleaded for other businesses and was unsuccessful. Vice Chair Penserga rescinded his support. Mr. Patel explained he wanted to get an exception on the basis of the COVID two- month shut down. His business treats the elderly and he needs the funds to pay the 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2020 landlord and allocate the funds to grow his business. When he reached out and learned the grant was available, he had been shut down. He hoped there was a gray area. Chair Grant explained the rule says applicants have six months after obtaining the BTR. If he obtained a new BTR for something else, it is something the CRA Board would hopefully consider. Commissioner Romelus asked staff if they continue to advocate for those programs as people are missing the six-month deadline. She asked if the CRA notifies business of the available grants and to take advantage of the COVID grant. Ms. Nicklien explained they strive to let all new businesses know about the opportunities. She works with Ms. Smith-Coffey and Ms. Roberts and they send postcards about the grant programs, use social media and marketing programs. They notify the businesses from the City's BTR listings, and by the quarterly newsletter, word of mouth and website posting. She was administering other programs. Chair Grant thought the Board could change the requirements from six months to nine months. Attorney Duhy agreed it would apply to all businesses. It was noted there were no Economic Development Grant funds available so even if he did apply, there were no monies left to give. Chair Grant requested the Board change the six-month requirement to nine months. Commissioner Romelus requested it be put on a future agenda and thought for a new business owner, opportunities may slip under the radar. Vice Chair Penserga supported discussing the timelines needed. This item would be heard in November. Vernell Strachan, 208 NE 10th Avenue, explained the last time she was at the meeting, she had problems at the Library with her grandchildren. Before she left the meeting, the Board agreed her grandchildren could go to the Youth Library because she did not have Wi-Fi. She sent them there and the next day, the Library sent her grandchildren back home. Her grandchildren are 14, 15 and 17. She had to leave her doctor's office and come back. She spoke to the librarians and they explained the policy. Ms. Strachan told them she had spoken with the Chair and the Board and they said it was alright. Then the director came out and she told her in no circumstances will there be exceptions to the rule. No child can sit in the Youth Library by themself. Ms. Strachan reiterated she was told at the City Commission meeting that her grandchildren could go to the library and the Librarian responded she knew as she was at the same meeting. Ms. Strachan noted to her right was a small girl between 8 and 110 doing her homework. She was a white girl. She felt that there were exceptions made, but not to her. The Librarian called two security guards on her. Ms. Strachan advised she will take it to the next level. She contacted the Director, who called her back and he was very rude. She thought Mr. Clark and his assistant should be respectful. Kim Kelly, 529 E Ocean Avenue, spoke about 115 N. Federal Highway and commented she spoke with many business owners, community residents and several developers about what the property could be used for instead of a mixed-use project. Ideas discussed included a hotel with retail and tie it into the Marina. Rather than see people go to Delray, and West Palm, they would want to come to Boynton Beach. She 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2020 thought building mixed-use projects is not what the community needed. She had 4K signatures on a petition and people agree with different concepts. Chair Grant received a proposal and spoke with the Executive Director. It was not in the form of a letter of intent. She was trying to show the community and residents that there are alternatives to mixed-use properties popping up. No other formal Letters of Intent on the property were received. No one else coming forward, Public Comments was closed. Board Member Hay requested a follow up on the Library issue. He was unsure it was a CRA issue and thought it was a City issue. Board Member Katz suggested contacting the City Attorney and City Manager as they have the backstory on the issue. Board Member Hay requested it be passed on to Legal. 10. Consent Agenda A. CRA Financial Report Period Ending September 30, 2020 C. Approval of CRA Board Meeting Minutes - September 8, 2020 Motion Board Member Katz moved to approve. Vice Chair Penserga seconded the motion. The motion unanimously passed. 11. Pulled Consent Agenda Items None. 12. CRA Projects in Progress A. Marketing, Business Promotions, and Social Media Update Rene Roberts, Social Media and Communications Specialist, gave an update on their progress for September. She reviewed Phase II of the Live Like a Local campaign highlighted nail, beauty, spas and hair salons in the CRA District. Followers were encouraged to participate in a contest, which was run on Instagram and Facebook to win a voucher to one of the featured businesses and prizes were awarded. Staff also promoted Phase III which was focused on eateries and restaurants in the CRA District, which was promoted in the same way. Examples of project posts were viewed promoting City and CRA projects including the Boynton Harbor Marina, Town Square, the Historic Women's Club and Ocean Breeze East. 5 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2020 Tracy Smith Coffey, Marketing and Business Promotion Specialist, reviewed the print marketing to promote the Like a Local campaign. A full-page ad was published in the Neighborhood News in September, and ads were also in the Delray and Boca newspapers. They focused on the health and wellness, and fitness businesses in the CRA. She attended a Discover the Palm Beaches meeting, which discussed marketing initiatives in various localities in Palm Beach and the Dine Like a Local campaign was highlighted for Phase III of the State of Florida reopening. Examples of customized marketing material for the Historic Women's Club of Boynton Beach was reviewed, including the inserts for weddings and others for meetings and events. Mercedes Coppin, Business Promotions and Events Manager, advised in September, the CRA continued its blog series on E. Ocean Avenue and spotlighted businesses there such as Posh Properties, Boulevard Paint, Reed Griffin and Warren, Max Lash and Beauty, and Expert Closet and Shower Door Professionals. As of today, it received 62 views. October 16t the Redevelopment Works Newsletter which provides information on upcoming projects scheduled for the year and a Year in Review of the Economic Development Grant program and updates on the Town Square and Ocean Breeze East projects was issued. The newsletter's Marina section included information about four waterfront businesses in the CRA District and included information on the Economic Development Grant, Affordable and Workforce Housing Rehabilitation Grant and New Construction Forgivable Loan, and the Neighborhood Signage Installation and Repair Grant programs, which was viewed over 500 times. To provide additional exposure to new businesses opening up, the CRA held virtual ribbon-cuttings that are broadcast on Facebook Live. On September 24th, the CRA assisted with a ribbon cutting ceremony at E&C Beautify Salon Experience, which was broadcast live, and was viewed 350 times. Chair Grant asked about the Historic Women's Club of Boynton Beach and if the CRA provided a definition of the word Local, and learned it was someone who lives within Boynton Beach and their license says Boynton Beach. Chair Grant noted there are some areas in the City that have a Delray Beach address. Ms. Coppin advised as they are receiving bookings, they use the address listed on their license. If in Boynton Beach, they get the local rate. Chair Grant thought for the first year, they should open the facility up to everyone and then review the numbers the following October. B. Social Media Outreach Program 4th Quarterly Report (July - September 2020) Ms. Roberts explained they have 89 businesses registered. Five new businesses registered this quarter and 79 were contacted. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2020 E&C Beauty Salon Experience has been receiving one-on-one assistance. They opened in July and had very little exposure on social media. Since joining, they established and grew an online following. Staff helped them to create a Google listing. They have a five-star review on Google and the platform allows the owner to respond and interact with patrons. The Google listing resulted in three new clients in their first month. Staff also helped them with creating a business Instagram and Facebook page. Staff also assisted Intracoastal Jet Ski and Boat Rentals and Beach Tennis in the same manner. The Boynton Beach CRA Facebook page grew by 138 followers this quarter and grew 21.5% over the last fiscal year. Twitter has had over 10,500 impressions between July to September and visits increased 53.8%. Instagram reached over 6K users in the fourth quarter and over 1 OK in the past fiscal year. Future projects included developing new social media strategies, assist with a strategic marketing plan, continue with one-on-one business assistance; continue updating the CRA's business listing; collaborate with the Special Events Team and coordinate with the CRA's Grants and Project Manager to promote the SMOP Program to prospective grant recipients. C. CRA Economic & Business Development Grant Program Update Ms. Nicklien announced there have been no new grants issued. The program launched October 1St and she has been working with several applicants on grants requests that will be presented in the next few months. A list of the Business Tax Receipts issued between July and September was included. D. Ocean Breeze East Affordable Multi-Family Rental Apartment Project Update Thuy Shutt, Assistant CRA Director, advised the project is complete with respect to the buildings and interiors. Installation of landscaping has begun on NE 1St Street as of October 1St. Most exterior landscaping will be installed in time for project completion in December. Centennial is reviewing rental applications for prospective tenants. Interested parties can contact the developer at Obreeze Centennialm tq com or call (305) 455-5006. There were over 900 applications received It was noted there are specific HUD requirements to become a tenant and a certain percentage of units have to be rented to a certain number of income category recipients. Chair Grant viewed the two and three-bedroom units and commented the units do not look like affordable housing units. He was pleased the Board decided to include washers and dryers in the units and explained the goal is to help with economic development to build wealth in the City. They have Wi-Fi in the Clubhouse and it is uplifting to see the new residents they will have. Board Member Hay agreed as he had also viewed the units. He hoped the project would maintained and thought it was a job well done. 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2020 E. Palm Beach County Housing Authority Project Update Mr. Simon advised the Palm Beach County Housing Authority staff and Development Director sent the CRA and City an update on the progress of the HUD's application to dispose as there is a technical response and formal application involved. They are gathering letters of support from local advisory Boards as well as their own and local government officials and they asked Chair Grant to send a letter of support, which he did. This would hopefully be submitted to HUD by mid to late November. It is an auction type disposal, he hoped similar to the tax deed sales. He will keep the Board apprised and they will be working with the City. Chair Grant asked if they would like to add a letter of support and mention the Board's willingness to be involved with either the auction or the construction of housing on the land. There was agreement the letter of support will be on behalf of the Board for the Chair's signature. He thought the letter should mention funds as was mentioned in the August letter. There was agreement the letter will be signed by as many Board members as possible. 13. Public Hearing None. 14. Old Business A. Discussion Regarding Prevailing Wage, Benefits and Apprenticeship Policies for CRA Procurement and Requests for Proposals Mr. Simon explained this item was at the request of Board Member Katz seeking policies and direction the Board would like to take. .Board Member Katz's opinion, based on reviewing examples sent to him and speaking with elected officials, was he would like to hone in on Broward County's Ordinance and seek the CRA staff and attorney's advice to adapt it to the CRA's purposes, such as how much time would be required on a job to fulfill apprenticeship requirements. He wanted the attorney's and staff to indicate what they need to do to make it applicable to a CRA as opposed to a County. Chair Grant thought the CRA only has a certain amount of land and projects left. One way to implement this is through TIF funding or assets the CRA has to require CRA partners to live up to this. It was like a Community Benefit Agreement. In regard to the 115 N. Federal project, he would like to see, whether it is land or money given to a developer or project, that they be paying a living wage. It is similar to Economic Development grants when they expand, they require the employees be paid a living wage. He thought a $50K project may not require an apprenticeship program, but something over for $500K would. Attorney Duhy explained these concepts can be integrated in ways the Chair indicated. As part of any agreement for TIF or if selling land or supporting development, they 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2020 could create policies to incorporate the provisions into those programs. Most of them deal with procurement. They may have to work with the City, but it may not be the biggest bang for the buck. The Board can incorporate on a case-by-case basis or based on policy standards. Chair Grant requested consensus on the items he proposed for staff and Legal to come back with language. He asked if there was agreement that for $500K they see an apprenticeship program. Vice Chair Penserga wanted to see what staff brings forward, but in general he supported it. Chair Grant wanted subjective language so future CRA Boards can make accommodations available. Attorney Dully explained she can bring a menu of the different benefits of projects in categories, they will consider requiring one or more of the following. It would be a list to have on hand when evaluating programs. She thought it would be a good place to start. Board Member Katz appreciated the input of staff, the Board and legal. He agreed any project over a certain amount, at least for apprenticeship and interns, should have something iron clad. He would want anyone coming in know if they are applying for assistance, they have to adhere to the requirements. Ms. Oyer suggested a.higher number such as $1 M. Chair Grant disagreed and wanted it on smaller projects as well. Mr. Simon explained staff will bring back something flexible. He thought there would be many more future funding requests. Attorney Duhy commented there was a pending lawsuit challenging an ordinance that implemented some of these requirements which was different than what they do as a CRA. She had no concerns about being able to put something together for what the CRA voluntarily offers that people can ask the CRA for, that would not fall within the lawsuit area. They can develop something that would not raise those kinds of concerns. B. Discussion and Consideration of a Purchase and Sale Agreement for the Property located at 407 NE 1st Street Mr. Simon explained last month, the Board approved a Purchase and Sales agreement to purchase the above property. After meeting with the owner and his attorney, the following was agreed on: the sales price was $268K, closing would occur 30 days from the effective date. A $5,000 security deposit was requested. Mr. Simon explained they need to approve the document and execution by the Board Chair. Motion Board Member Hay moved to approve. Board Member Katz seconded the motion. The motion unanimously passed. C. FY 2019-2020 CRA Projects End-of-Year Presentation 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2020 Mr. Simon gave a brief presentation of accomplishments. He highlighted the Town Square comprised of the City Hall/Library, Fire Station No. 1, and District Energy Building and Amphitheater. The CRA's contribution to it was $3.7M this fiscal year, which they distributed to the City as reimbursement. The CRA budgeted $435K for the Historic Woman's Club of Boynton Beach. They obtained a $66K Solid Waste Authority grant for painting and window and door repairs. The CRA paid $322K year-to-date for interior/exterior painting, interior repairs, lighting, signage, landscaping and parking lot resurfacing and other building improvements. The CRA spent $645K to improve Sara Sims Park and the CRA already reimbursed the City the funds. The total park improvement was over $1.6M and the project was a City/CRA partnership. This year, additional funds for improvements to the amphitheater were forthcoming. Mr. Simon further expounded on the CRA's Economic Development Grants, the Boynton Beach Boulevard Complete Street Project; the E. Boynton Beach Boulevard Extension; the MLK Jr. Boulevard Mixed-Use Project; the Cottage District Infill Housing Redevelopment Project; the Ocean Breeze East Apartments; Model Block; the NE 12th Avenue Duplex and 110 NW 6th Avenue; the Habitat for Humanity & Boynton Beach CDC NE 12th Avenue homes; the MLK Jr. Boulevard Corridor Beautification; demolition of the structure at 1001 N. Railroad Avenue and at 125 NE 4th Avenue; and fuel sales, slip rentals and other relevant data at the Marina. Board Member Romelus thanked Mr. Simon and the CRA staff. D. Discussion of 115 N. Federal Highway Chair Grant noted he had added the discussion of 115 N. Federal Highway to the agenda and advised he spoke with Bill Morris and Bradley Miller. He had concerns regarding their Letter of Intent and did not think the offer was proper. They said they would give the CRA $3M, but they were providing parking spaces in lieu of the funds. The CRA already has 100 parking spaces. Chair Grant did not think they were getting much in the way of additional benefits to the community . He thought the Board should consider getting the funds up front and as the project progresses, they give that money back, such as a third of the funds at time of permit, a third when they commence construction and a third upon the project completion. Chair Grant was also concerned about adjacent properties. He spoke with Davis Camalier who owns the. Boardwalk property as Chair Grant did not feel the Boardwalk was the proper use of the land and Mr. Camalier stated the developers had not spoken to him about purchasing the land. Mr. Morris indicated that he would purchase it and the Ace Hardware property and a request was made to submit a written offer as something to work from. There are adjacent properties that may not be involved in the development and Chair Grant asked how the CRA could help improve them. He spoke with Mr. Simon about Economic Development grants, noting when business owners make improvements to their properties, the property appraiser can adjust the property's value. He thought adjacent properties should be included in the project, because they 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2020 will not have the opportunity to build the project again. Businesses with street frontage have a lot of taxable value and a lot more property value. Chair Grant looked at Worthington Place and saw there are two vacant lots next to the building that no one can build on. One lot he let foreclose because it was not needed as part of the project. Chair Grant advised he did not want to see a vacant lot and wanted as much of the block included. There was a discussion between Mr. Morris and Mr. Camalier, and Mr. Camalier had a different version of what Mr. Morris indicated. He hoped this would be addressed before the next meeting, so they could get the best project possible. Chair Grant also spoke with the Transportation Planning Agency Executive Director and he hoped to get an update on other train stations in South Florida in November. Miami/Dade was planning five stops on the Florida East Coast (FEC) Corridor. Boca is getting a stop and has received $16M in federal funding. West Palm Beach has theirs built, and north of the Northwood connection, there are plans to build in Palm Beach Gardens and the Jupiter Tri-Rail stations. The City needs a better understanding of the FEC Corridor plans before the City loses their property. If they do not keep the property and a train station comes, the City will lose it because there is not enough parking to make a train station work if there is already a project there. Board Member Katz reiterated comments he made when he voted to accept the LOI. With the presentation and media hype, people were under the impression that what was presented was actually what would be constructed. Board Member Katz was not supporting a specific project or time frame, rather it was for the Board to find a partner. He wanted to ensure the public the Board never supported anything specific, only that they wanted to move forward and there are variables that have to be included, such as a train station, parking and retail/commercial stores. The project is whatever they want it to be within the Board's ability to incentivize what they want. As to the Boardwalk Ice Cream location and Mr. Camalier obtaining additional land to partner with on the project, Board Member Katz was looking in a different direction. The City owns a piece of land currently in possession by Mr. Camalier on the other side of Federal Highway and there are multi-million dollar TIF agreements that will expire in the coming months. Mr. Camalier needs the CRA property and the TIF to build the project, and the CRA needs the Boardwalk Ice Cream property to enhance the CRAs project footprint, so he did not support or encourage him to obtain more property on the west side of Federal Highway. He favored discussing how to salvage the incentive on his project with some sort of incentive or a land swap so he owns the small parcel on Federal Highway free and clear to be part of his project and the CRA owns the Boardwalk Ice Cream property. Each parcel is worth millions of dollars as it relates to their broader plan. Board Member Katz was amenable to all ideas. They have a $3M property. The CRA needs a developer and there is support for a quality project. They are not committed to any project. They will not please everybody, and there is an outcry that residential cannot be attached, but residential funds the project. Board Member Romelus asked if there was any progress behind the scenes with the developer or if there was any potential for progress. Mr. Simon responded there was 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2020 only to the extent the developer can and has attempted to speak to the Board members, and property owners directly on the future development of the site. They have met with business and property owners. They are continually redesigning, rethinking and reconfiguring their project. The Board was not very specific with their dislikes. They like the project and they are interested in it, but there has been some other interest. The developer believed at the end of 90 days, they would return to the Board for discussion and see where it goes from there. He asked if the Board wanted the developer to appear at the November meeting. Chair Grant thought Mr. Simon should speak with the developer and review the video. Commissioner Romelus' concern was the adjacent property owner. developing the area and developing it in a certain type of way. She also was concerned with the $3M offer price in exchange for parking. She agreed with Board Member Katz. They accepted an unsolicited LOI. She agreed they have to keep an open mind. If the right offer is made, they will accept it under the Board's terms and conditions. They want to ensure they do not close the door to a potential train station or alienate property owners. Board Member Hay agreed with Board Members Katz and Romelus. He always had some type of train station in the back of his mind. He likes having all the cards on the table. He would like them to come back in November and they can take a look at what is on the table. It is a strategic piece of property. 15. New Business A. Discussion Regarding the 2020 Holiday Boat Parade Mr. Simon explained COVID has affected the CRA and City's planning for events. The City Manager spoke to him about cancelling the Holiday Parade, and wanted the Board to consider the safety and welfare of anyone who may come out to watch the parade. In prior years, the CRA had a partnership with Delray Beach for the Boat Parade. Both cities contributed towards the parade which when to both cities. This year, the Delray Beach City Commission opted not to fund the parade. If the CRA wanted to move forward, they have to determine where the parade would end and they would need to know what safety measures to have in place at the Harbor Master building and any other public area at the Marina. The CRA Board approved $14,750 for the parade. Board Member Hay favored cancelling the parade due to COVID, but thought they could add lighting on Ocean Avenue. He thought they could come up with something that would not invite crowds. Vice Chair Penserga also favored not moving forward with the parade now and thought it was hard to proceed with a parade without a partner. He would be amenable to other options. Chair Grant noted videography has come a long way, but it is difficult to film at night. He would like to consider a virtual boat show. He also thought the CRA could have a raffle with certain businesses. If there was no boat show, he asked what else can they do to advertise CRA businesses. Past activities, such as Movies in the Park 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2020 held had raffles for gift cards to local businesses and would like to see Boynton Beach Bucks implemented before the holiday season. He wanted to move forward with a discussion, but he did not want to guarantee it would occur in December. He supported discussing it in November, and he did not want to be part of a super spreader event. If they cannot have a virtual or socially distanced boat parade, he wanted to proceed with a raffle in accordance with the law, and advertise local businesses for the holidays. Board Member Katz agreed with Board Member Hay that much would change regarding COVID. He suggested pushing it back to a Christmas in July thing and holding it in the summer. He hoped by then, the social distancing requirements would be relaxed. Board Member Katz suggested pushing the event back to a Christmas in July Holiday Boat Parade where local businesses could setup and advertise themselves at the Marina. The situation may be very different then. He thought nearly anything would be difficult to pull right now. Vice Chair Penserga asked if they could light up all of Ocean Avenue, The Town Square is at one end and the Marina is at the other. People seemed to like the lights and people may be able to walk around and stroll. Mr. Simon explained they have the funds and the location at Dewey Park would have a nice effect. Chair Grant agreed with additional lights and requested the CRA speak with the owners of 500 Ocean about more of a permanent light lighting with enhanced lights for the holiday season. There was agreement the Boat Parade would be cancelled, but there was consensus to have additional lighting. Chair Grant asked about the Boynton Beach Bucks campaign. Ms. Coppins explained staff was working to finalize the effort and anticipated it would be ready in January, but could expedite it and try to get it online in December. She will give an update next month. 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 Mr. Simon explained this item was part of the budget approval for FY 20/21. The Board set aside $50K to help the City in upgrading the existing amphitheater pavilion. It is a standard Interlocal Agreement, but he did not have a more detailed explanation of exactly what the funds would pay for. If the item is approved, the Board could wait and withhold reimbursement until more details or a conceptual plan was provided. Chair Grant supported moving forward with the funding for the platform, but he had an issue with electrical, speakers or enhancements that may be possible as the platform is raised. When the City approaches the CRA Board and they approve the plans, he wanted to ensure the plans were approved before the City started spending the money, and that they have all the information. Another request received is that construction 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2020 would not start until the Juneteenth holiday weekend is over. Mr. Simon noted they could make the enhancements before. Chair Grant explained if there is a delay and is not completed, it is a problem. They have to wait to hear what the City has next month and they can partner with the City on the timeline. Attorney Duhy explained the plans have to be reviewed before the Board agrees to reimbursements. Expenditures can only be used for the enhancement of the amphitheater. Chair Grant wanted to approve the final construction timeline and everything before the City would move forward. Attorney Duhy recommended approving the item with the addition of a clause to require prior CRA approval of the site plan. Motion Vice Chair Penserga moved to approve the ILA as amended. Board Member Katz seconded the motion. The motion unanimously passed. B. The Villages Project Update Mr. Simon gave an update on the Villages located between Boynton Beach Boulevard and SE 2nd Avenue. To the west is 3rd Street and the railroad tracks on the east. Mr. D'Almeida met with numerous developers trying to sell the project and find a venture partner. To-date, nothing has been offered that was satisfactory. A map of the area showed the location of the project. Mr. Simon made himself available to Mr. D'Almeida. Chair Grant spoke to Mr. D'Almeida and he was amenable to including more economic development for the project. The 500 Ocean TIF agreement required they build retail shops on the first floor and office space, on the second floor, but no one anticipated that one company took all of the office space. Chair Grant wanted to see if the Board was willing to open discussions with Mr. D'Almeida to see if they could use TIF to get more office space downtown. There was consensus to do so. He requested Mr. Simon review the TIF Agreement with 500 Ocean so the Board could propose something. In order to have something developed, the cost of construction has to be less than the financing needed to pay off that cost. Mr. Simon will keep the Board apprised. 16. CRA Advisory Board A. CRA Advisory Board Meeting Minutes - September 3, 2020 B. Pending Assignments 1. Review of Commercial Properties within Boynton Beach Boulevard Corridor within CRA Area 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2020 Mr. Simon advised the Advisory Board is reviewing existing properties for sale and other properties. They will make recommendations and comments on future investments regarding land acquisition on Boynton Beach Boulevard and Federal Highway. Vice Chair Penserga requested a member of the Advisory Board attend the meeting and give a report. Chair Grant was agreeable, but that they be heard under Announcements, so they will not have to wait until the end of the meeting. C. Reports on Pending Assignments D. New Assignments 17. Future Agenda Items In regard to economic development, Chair Grant wanted to know if the CRA Board wanted to include apprenticeships in any other mixed-use projects in progress, such as Riverwalk or One Ocean, excluding the Town Square. He did not know if construction on Riverwalk had commenced, but thought if they are giving TIF, they should ensure there are community benefits. Board Member Katz was fine with anything that was not in progress, but did not want to include Riverwalk, because they have not asked for anything and he did not want to slow their project down. They have developed the outparcels and the rest of the shopping center. He did not want to get involved in an active project. Chair Grant agreed. 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 15 The City n CITY CLERK'S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FL 33425 PHONE: (561) 742-6060 FAX: (561) 742-6090 " E-MAIL: CITYCLERK@BBFL.US WWW.BOYNTON-BEACH.ORG ATTENTION Boynton Beach Memorial Park will be CLOSED on: Wednesday, November 11th — Veterans Day The cut-off time for any burials planned for Saturday, November 14, 2020 is Tuesday, November 101h before 12:00 Noon. Boynton Beach Memorial Park will be OPEN: Tuesday,, November 101h and Thursday, November 12th— Saturday, November 14th Boynton Beach Memorial Park will be CLOSED on: Thursday, November 26th— Thanksgiving Day and Friday, November 27th Boynton Beach Memorial Park will REOPEN: Saturday, November 28th The cut-off time for any burials planned for Saturday, November 28th, 2020 is Wednesday, November 2Sth before 12:00 Noon. America's Gateway to the Gulfstream Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida October 13, 2020 18. Adjournment Motion There being no further business to discuss, Commissioner Romelus moved to adjourn. Board Member Katz seconded the motion. The motion unanimously passed. The meeting was adjourned at 8:06 p.m. Mr. McNally explained how the public could access the recording of the meeting. rz Catherine Cherry Minutes Specialist 16 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: November 10, 2020 CONSENT AGENDA AGENDAITEM: 11.C. SUBJECT: Approval of 2021 CRA Board Meeting Dates SUMMARY: CRA Board meetings are held on the second Tuesday of every month at 5:30 p.m. at Commission Chambers at City Hall located at 100 E. Ocean Avenue, Boynton Beach, FL 33435. Due to the COVI D-19 pandemic, the City has currently held its meetings virtually through the GoToMeeting online platform. The following is a list of the CRA Board meeting dates for the period January- December 2021: • January 12 • February 9 • March 9 • April 13 • May 11 • June 8 • July 13 • August 10 • September 14 • October 12 • November 9 • December 14 There are no known conflicts with National Holidays, National Elections or Local Election dates. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the 2021 CRA Board meeting dates as presented. 2. Approval of alternate dates and times after discussion by the CRA Board. 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: November 10, 2020 CONSENT AGENDA AGENDAITEM: 11.11). SUBJECT: Approval of Commercial Property Improvement Grant Program in the Amount of $9,269.33 for Boardwalk Italian Ice & Creamery, LLC located at 209 N. Federal Highway SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial costs associated with the construction, repair, and/or rehabilitation of commercial building improvements. The Commercial Property Improvement Grant Program provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. CRA staff has received a complete grant application from Boardwalk Italian Ice & Creamery, LLC located at 209 N. Federal Highway, Boynton Beach, FL 33435 (see Attachments I - III). Boardwalk Italian Ice and Creamerymade Boynton Beach its home just over five years ago when they brought their seaside themed dessertery to the downtown area. Ever since, Boardwalk has been serving up the best boardwalk and carnival style desserts and treats. As the tenant, the applicant falls under the terms of a Tier I business, as outlined in the grant application. The applicant is seeking reimbursement for exterior and interior improvements including exterior and interior paint, refreshed landscaping, new flooring and countertops. The total cost of eligible property improvements of the project is approximately $15,448.89 (see Attachment IV). If approved, the applicant is eligible to receive a maximum grant of $9,269.33 which includes a 20% contingency in reimbursable funds provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: FY2020-2021 Budget Project Fund, Line Item 02-58400-444, $9,269.33 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Property Improvement Grant not to exceed the maximum grant award of $9,269.33 to Boardwalk Italian Ice & Creamery, LLC located at 209 N. Federal Highway, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Property Improvement Grant Application D Attachment II - Location Map D Attachment III - Lease D Attachment IV - Project Quotes V1 �a B TO OYN N BEACKCRA COMMUNffY REDEVELOPMENT AGENCY October 1, 2020 — September 30, 2021 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERICAL PROPERTY IMPROVEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Property Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the repair and rehabilitation of buildings or other improvements in accordance with the BBCRA Community Redevelopment Plan. Improvements paid for by the BBCRA must be permanent and stay with the building. The BBCRA reserves the right to approve or deny any Commercial Property Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. For purposes of this application, the term "new business" means a company in operation for less than six months or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The term "project" means the eligible exterior or interior improvement project for which the applicant seeks reimbursement. Initials Page 1 of 17 Property Improvement 100 East Ocean Avenue,4t" Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Property Improvement Grant Program offers financial assistance to the landlord or business owner in the form of a reimbursable, matching grant for 50% of eligible expenses, up to $50,000, associated with the construction or renovation of the exterior and interior elements of the commercial operating space. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace_program.php or by contacting the City of Boynton Beach at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com or view the attached brochure. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). Initials Page 2 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com • Improvements to non-profit and residentially zoned properties are NOT eligible expenses. • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than $250,000 (based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. • Grant funding amounts will be based on the applicant's project budget, specified at the time of the BBCRA Board approval, plus an added 20% contingency funding amount. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Property Improvement Grant Program may only be used one time in any five year period for any one property. Entities hoping to improve properties that were previously improved using a BBCRA improvement grant may apply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding liens, violations or monies owed for utilities, the BBCRA will perform a lien search on the property at a cost of $115.00, which will be deducted from any grant funding awarded to the recipient. Initials ' Page 3 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • The property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach, and submit for reimbursement within 180 days of the issuance date of the permit for the project. If BBCRA Board approves grant funding and the work being performed does not require a permit, the Certificate of Completion (or equivalent) and application for reimbursement must be within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in termination of the grant award. Only one 60 day administrative extension will be permitted, and the BBCRA has the sole and absolute discretion to grant or deny such extension. • Project items completed and paid for by the applicant more than 60 days prior to grant approval by the BBCRA Board are not eligible for reimbursement under the grant program. A complete application must be received within 60 days of payment in order for an expense to be eligible for reimbursement. Once a complete application is received, the application will be placed on the next available agenda for review and potential approval. • BBCRA Board approval of this grant results only in funding. Approval of BBCRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Projects and items eligible for funding under this grant program are limited to: • Structural walls • Plumbing • Flooring • Grease trap installation • HVAC system • ADA Improvements • Electrical systems, • Hood &fire • Signage including exterior and suppression • Doors/windows interior lighting Initials Page 4 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com • Landscaping and • Parking lot re-paving, • Patio decks irrigation within the re-sealing, and/or connected to the project site restriping building • Painting • Fencing (excluding • Demolition of structure • Roofing (Not to chain link, barbed wire, and re-sodding of exceed 50% of and wood panels) vacant property total grant award) • Electric vehicle charging • Solar electricity and • Security stations— See attached water heating — See cameras/system** ReNew PACE Eligible attached ReNew PACE (not including Product List Eligible Product List security personnel) ** Notwithstanding the limitation that grants may only be used once every five years for any one property, previous grant recipients that received less than the maximum amount of grant funding from Commercial Property Improvement Grants or Economic Development Grants are eligible to reapply to receive 50% matching reimbursable funding in an amount not to exceed $3,000 for the installation of new security cameras/systems. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Property Improvement Grant Program: • Massage/Personal Services • Medical Research Centers/Housing • Firearm Sales/Shooting Ranges • Massage/Personal Services • Religion- Affiliated Retail Stores • Churches/places of worships • Non-profit Organizations • Alcohol and/or Drug Rehabilitation • Adult Gambling Arcades Centers/Housing • Check Cashing Stores • Any other use that the BBCRA staff • Adult Entertainment or BBCRA Board determine will not • Vapor/E-Cigarette Stores support the redevelopment of the • CBD Retail Stores BBCRA Area Grant Terms and Conditions This grant is divided into three tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. All Initial ; Page 5 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com reimbursement checks from the BBCRA to the successful applicant will be made out to the applicant (the business entity). Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval, plus an added 20% for contingency funding. Tier One Business Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $50,000 in grant funding. Tier One Businesses must be one of the following types of business: • Restaurant • Bakery • Gourmet Food Market • Hotels/Motels/Bed and Breakfast Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $25,000 in grant funding. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Decor/Design —home • Boutiques — clothing, shoes & furnishings, art galleries, kitchen accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than two • Real Estate Offices approvals per fiscal year) • Marketing Offices • Medical Offices • Fitness Facilities—yoga, dance • Insurance Offices exercise, martial arts, etc. • Take Out Restaurants • Auto Services Facilities — repair, • Tattoo Parlor/Body Piercing/Body storage, sales, etc Art Shop (no more than two • Specialty Retail Businesses — approvals per fiscal year) stationary, gifts, sporting goods . Florists (no more than two approvals per fiscal year) Initials .,4 /214 Page 6 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com • Other commercial facade only improvements Tier Three Business (no more than two approvals per fiscal year) Tier Three Businesses are subject to BBCRA Board for review and approval. Tier Three Businesses eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $15,000 in grant funding. Tier Three Businesses must be one of the following types of businesses: • Kava Tea Bar • Pawn Shops • Convenience Stores: (Fagade • Liquor Store and Security Improvement • Laundry/Dry Cleaner facility only) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, Boynton Beach, FL 33435 or downloaded from www.boytonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting Initials y Page 7 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants must submit an original, "hard copy" application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-serve basis. Application packets must include the following documentation: 1. A non-refundable fee of$100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Written detailed project budget describing the improvements to be done to the property. 3. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. It must list all project costs for which the applicant is requesting reimbursement. The project budget must provide a total cost of the project. 4. Signage design, project color chips, material samples and material specifications, if applicable. 5. Copy of building permit receipt/application. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 90 days of grant approval, or the grant award may be terminated. 6. Resume for each principal/owner of the business. 7. Copy of the corporate documents for the applying business entity. 8. Copy of executed multi-year commercial lease agreement. 9. Copy of Warranty Deed. 10.Two years of corporate tax returns (for existing businesses only). 11.Two years of personal tax returns for the principal/owners of a new business. 12.Copy of design and construction plans associated with the proposed improvements. 13.List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 14.A minimum of four color digital "before" photos of the exterior and interior portions of the project. 15.Completed and signed application (attached). Initials ; ' Page 8 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 16.Authorization to perform credit check for the business and each principal/owner of the business (attached). 17.W9 Form and Vendor Application (attached). 18.City Planning and Development Department Acknowledgement Form (attached). 19.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 18 and 19) must be completed and submitted to the appropriate departments, which are located at City Hall 100 East Ocean Avenue, Building Department, Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All re wired documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the project is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month at the Commission Chambers located in City Hall at 100 East Ocean Avenue, Boynton Beach, FL 33435. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant. Initials ;; Page 9 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Procedures for Reimbursement This program is designed as a matching 50% reimbursable grant. All work must be completed and paid for by the applicant prior to the release of BBCRA funds. The BBCRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the BBCRA (3) days prior to the grant expiration date. The BBCRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full." Proposals for "work to be completed" or "bids" are not considered proper documentation. a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. 2. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 3. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 4. A minimum of 4 color"after" photos of the project. By submitting for reimbursement, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement that have been used as part of a reimbursement request for any other grant program offered by the BBCRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. Initials ; Page 10 of 17 �— Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible have been paid is sufficient assurance for the BBCRA to award grant funding Initials Page 11 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com BOYNTON "m f'r CRA COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): . T°' L i ". Current Business Address: Fed ID#: 7 35c, Business Phone Number: Cell:b> "�" / - e Website: 21 C -_Lci LJ Existing Business: Yes ` No Number of years in existence: Time at Current Location: v New Business to Boynton Beach: Yes No V/ Do you have an executed lease agreement: Yes J No_ If so, monthly base rent: o~ -7 New Business Address (if applicable): 'V Square footage of current location: loco Square footage of new location: Type of Business: TAxF rnr:T aEs7-A u eA 147 Tier 1 Business: ❑ Tier 2 Business:)< Tier 3 Business: ❑ (Tier Classification subject to BBCRA Board Approval) Number of Employees: Hours of Operation: 6—Ti-1 !/err,--` dl rn-/cpM List of improvements seeking reimbursement for: I N7/nl C bF ZJ7-'F_RJ©R. 4- TFQf0R— / Requested grant amount: f 9"Isep �,�cu�� ,�' P7"MC N? t a7 Page a2 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com � t y hMr�� BOYNTON '*"'"""'BEACH �'-iCRA WAUM APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: >/O E: 14" Date of Birth: 3 % Email: UK ) Ae3L , Co�j Residential Address: `d O t7 q: lo Cell Phone Number: 5Q- 2. Principal/Owner Name: R L Date of Birth: 2 % Email: 3/ J 1R y u!L 60 f_ , CQ Residential Address: Cell Phone Number: 5(/- - 3c 3. Principal/Owner Name: Date of Birth: 2-9 rir G Email: NH39470 ck. / n, Cr t:j Residential Address: Cell Phone Number: 9.54- 14 J%o 0 4. Principal/Owner Name: _. Date of Birth: / L ',fay Email: MPfjUt T u/C `7 VAHoo, CaDo Residential Address: (a 2 3 Cell Phone Number: Are you applying for grant assistant under any other program offered by the BBCRA? Yes No If yes, what additional programs are you applying for: Page 13 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com BOYNTO BEACH ' II RA REDEVELOPMENT1COMMUNITY APPLICANT INFORMATION r Are you receiving grant assistance under any other governmental agencies: Yes J No W If yes, list any additional grant sources and amounts: /S f n LANDLORD INFORMATION: Landlord Name: 2 01 Landlord's Mailing Address: T� C z`/0 aY S. (30 vjr, Landlord's Phone Number:. CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I Initials Page 14 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com a S t BOYNTONi "' BEACH CRA y REDEVELOPMENTCOMMUNffY AGENCY APPLICANT INFORMATION understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the BBCRA to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the BBCRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Initials Page 15 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com BOYNTON BEACK�CRA COMMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION APR,LICANT SIS ATURES: �tafgog6) Pnnc is Signature Date • T le Pri ted N e T le 2. P 'ncip /Owner's S' natu, Printed Name itl ,r 3. dIcipal/ ner's i nat re ate Printed Name Title 4. Rµ' . . . fo2. 2- Principal/Owner's Signature Dat .rT Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually r STATE OF t�fi COUNTY � BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared v �. , who is/are personally known to me or produced fkXjej k, as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING,�have set my hand and officialpezil in the State and County aforesaid on this d 20 b P�arARY PUBLIC J1 ^gyp My Com N?, Notary public State of Florida ' Renee wi{aon Page 16 of 17 my coanmisalon GG 1osa2a Expires 09=12021 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com { B To OYNI Ma" mBEAC COMMUNffY REDEVELOPMENT AGENCY LANDLORD INFORMATION LANDLORD SIGNATURES: Land/ 's Sig te -T1,a r - l Aruw,,A.-�Z4> Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures-Multiple notary pages may be used if signing individually STATE OF C1 0r1 COUNTY OFAl►� Bpac k- BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared _'t 5 C a.m&I is r who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGQING, I have set my hand and official seal in the State and County aforesaid on this Z�"— day of Vc 207-0 fa--tvao'.- E. tcvL�4, OTARY PUBLIC PATRICIA E.NOBLE£ My Commission Expires: N ,*: MY COMMISSION 1i GG 134j o: EXPIRES:Augus113.202 °pbonded Thu Notary Pubic Unda Page 17 of 17 Property Improvement 100 East Ocean Avenue,4" Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 11/2/2020 PAPA Maps DOROTHYJACKS - -= ---CFA,AAS 5 Palm Bach Co tyP p rty Appraiser A}giFrfii } ir RTr ae44 4; ,.ho"''? 1 , yak e uc ,ti, Search by Owner,Address or Parcel16; 1 FNFEDERAL 1 _s.0OLU Record g i�wners I LLCerty Detail N FEDERAL HWY . ...y BOYNTON BEACH - f�£iJ i£ -i Paii No. 08434528030010121 I i�i� I z�e2 rt yfi Su,divi�,:,rl BOYNTON TOWN OF IN Ih�t s ££ G ^( £ I tf� £ II��(«fl�F tiiipl�'FVk�}kU�titt� ��j�i � I���Irr££1" `Ilt$� fl4r�elE ce si Book 26638 .Page 879 Sale Da e=. FEB-201 4 1629KSTNWMai iii -- Addless WASHINGTON DC 20006 1642 - e\�}) �I J.e. e 1 100-STORES .al S t e e 1035 Sales Information Sales Date Price SFSj Y4 f 4 II \r, f '7 FEB-2014 345000 AUG 1999 140000 Appraisals Tax Year 2020 Improvement't .ue=. $72,290 .. t..w= 8358,375 Y x '- E:Jcean Ave _ o�CeaSrAYtd\EIy 'u I ..0;a ?a_ce...,t�..ue=. $430,665 '�tl ,nj'. �I 1� All values are as of January 1st a Fue t s 4. each year Oj Au IfSU 14� -1 i, Fs �FF1 X31 Assessed/Taxable values1I� � ���,fi ��� �u�� < s I � S Tax Year 2020 r I i - fl^,^,e^,^,t Value $398,750 s0 iaxabie Value $398750, U Taxes 6 £iNk�SS�,ie,��t n £� F�y'uZ�IFt �3+h 14f, 41 yz Tax Year 2020 Ad T. .eR m $8,756 r, f x Norl Adl..,.,,e'-.n $467 < I it } £r1 u r bN i� 14 t\ rau�4 oi�aix $9 z z 3 ' ' I�£ia �,£ fl11�N- tIII i,� , v< ,-.yr v, yr o a ts`friflA tr�h=3W ee}sr�}� 1 ,r` �i lr e Sl 1r 1 https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434522000007020 1/1 FIRST LEASE MODIFICATION AND EXTENSION AGREEMENT &" This Lease Modification And Extension Agreement("Extension'),dated this day of 9 p- 2020;is entered into between 209 N.FEDERAL,LLC(referred to herein as"Lessor"),and The Boardwalk Italian Ice&Creamery,LLC(referred to herein as"Lessee"). RECITALS A. Lessor and Lessee entered into that certain Lease dated April 3,2015 for the Premises,(as hereinafter defined),consisting of a building containing approximately 1,034 rentable square feet on that certain commercial real property located at 209 N.Federal Highway in Boynton Beach,FL ("the Property")as hereinafter defined; B. The parties desire to renew the Lease by extending the term thereof and to otherwise modify certain provisions of the Lease;all as specifically stated herein. THEREFORE, in consideration of the mutual covenants expressed herein and other valuable consideration,the receipt of which is hereby acknowledged,the Parties agree as follows: 1. Recitals. The foregoing recitals are true. 2. Renewal Term: The term of the Lease shall be extended for an additional period of Five(5)year commencing on November 1,2020 and expiring on October 31, 2025,unless sooner terminated pursuant to the provisions of the Lease(the"Renewal Tenn"). 3. Monthly Gross Rent: During the Renewal Term,the Monthly Gross Rent shall be as follows: Months Monthly Gross Rent 11-1-20 to 10-31-21 $2,476.12 11-1-21 to 10-31-22 $2,476.12 11-1-22 to 10-31-23 $2,550.40 11-1-23 to 10-31-24 $2,626.92 11-1-24 to 10-31-25 $2,705.72 Lessee agrees to pay the Monthly Gross Rent in equal monthly installments at the place provided in the Lease on the first(1st)day of each month, in advance(subject to adjustment in accordance with the other provisions of the Lease), plus all other amounts due or that may become due under the terms of the Lease. 4. Except as modified by this Extension, the Lease and all the terms,covenants, conditions and agreements thereof are hereby in all respects ratified,confirmed and approved. Lessee hereby affirms that on the date hereof no breach or default by Lessor has occurred and that the Lease, and all of its terms, conditions, covenants, agreements and provisions, except as hereby modified, are in full force and effect with no defenses or offsets thereto, and Lessee hereby releases Lessor of and from all liabilities, claims, controversies, causes of action and other matters of every nature which,through the date hereof,have or might have arisen out of or in any way in connection with the Lease and/or the Premises and Property demised thereunder. 5. This Extension contains the entire understanding between the parties with respect to the matters contained herein. Except as modified by this Extension, the Lease shall remain unchanged and shall continue in full force and effect. No representations, warranties, 1 covenants or agreements have been made concerning or affecting the subject matter of this Extension, except as are contained herein and in the Lease. This Extension may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver,change or modification or discharge is sought. 6. Lessee hereby represents and warrants to Lessor that: (a)Lessee is in good standing under the laws of the State of Florida; (b) Lessee has full power and authority to enter into this Extension and to perform all of Lessee's obligations under the Lease, as amended by this Extension; and (c) each person (and all of the persons if more than one signs) signing this Extension on behalf of Lessee is duly and validly authorized to do so. 7. Remaining Terms & Conditions. All other terms and condition of the Lease which are not inconsistent with the terms hereof shall remain in full force and effect. The parties hereto have executed this Modification and Extension as of the date first above written. Signed, Sealed,and Delivered in the Presence of: LESSOR:209 N.FEDERAL,LLC By: FDC Enterprise Investments, 1 LC Its: Manager/Member By: .a. F.Davis C, nalier Its: Managing Member SEE: The Boar Tian Ic cry,LLC B I G R NT Y: Gua a or: Jose h M.I u uk B : G ntor: Barbara A.H `kuk By: Guarant Michael ain B /1 uarantor: Jo ort (� B ° Guar tor: i el 2 Between 209 N. Federal, LLC and The Boardwalk Italian Ice & Creamery, LLC LEASE 5-C 0io 1. BASIC LEASE INFORMATION 1 TERM 1 RENT 4. SECURITY DEPOSIT 5, LATE CHARGES 6. CONSTRUCTION AND DELIVERY OF T14E PREMISES TO LESSEE 7. MAINTENANCE AND REPAIR S. ACCESS TO PREMISES 9, ASSIGNMENT OR SUBLETTING 10. CONDITION OF PREMISES 11. RULES AND REGULATIONS 12. LESSEE IMPROVEMENTS 13. COMPLIANCE WITH LAWS 14. INDEMNITY AND INSURANCE 15. DAMAGE 16. LESSEE'S PROPERTY AND BUSINESS OPERATION 17. CONDEMNATION 18. DIPLECTC HARGES 19. QUIETENJOYMENT 20. SUBSTITUTE PREMISES 21. SUBORDINATION 22. POSSESSION BY MORTGAGEE AND LESSEE'S ATTORNMENT 23, EVENTS OF DEFAULT 24. REMEDIES CUMULATIVE 25. A'I'FORNEYS'FEES AND INTEREST 26. NO WAIVER 27. LESSOR'S PROPERTY 28. RADON GAS 29. GENDER 30. CAPTIONS 31. COUNTERPARTS 32. FORCE MAJEURE 33. ALTERATIONS 34, LESSOR'S LIEN 35, BROKERS 36. WAIVER OF JURY TRIAL 37. TIME OF THE ESSENCE 38. HAZARDOUS WASTE 39. NO PARTNERSHIP 40. NOTICES 41, ENTIRE AGREEMENT 42. BENEFITS AND BINDING EFFECT 43. SEVERABILITY 44, NON-DISCLOSURE OF TERMS 45. RECORDING 46. ABANDONMENT AND PERSONAL,PROPERTY Attachments: Lessee's Work Rider Lessor's Work,Rider Extension Rider Guaranty Rules and Regulations Sign Rider Restaurant Rider Site Plan Relocation Rider Lease This Lease is made and entered into by and between 209 N.Federal,LLC ("Lessor")and The Boardwalk Italian Ice&Creamery,LLC("Lessee") For and in consideration of the mutual covenants contained herein, Lessor leases to Lessee and Lessee leases from Lessor the Premises, (as hereinafter defined), consisting of a building containing approximately 1,034 rentable square feet on that certain commercial real property located at 209 N. Federal Highway in Boynton Beach, FL ("the Property") as hereinafter defined)subject to the terms and conditions of this Lease. I BA$11C LEASE (a) Information (1) Date of Lease: 2015 (2) Lessor: 209 N.Federal,LLC (3) Lessor's Address: 9804 S.Military Trail,Suite E I I Boynton Beach,FL 33436 (4) Payment Address: 98048.Military Trail,Suite E 11 Boynton Beach,FL 33436 (5) Lessee: The Boardwalk Italian fee&Creamery, LLC (6) Lessee's Address: 209 N.Federal Highway,Boynton Beach, FL 33426, (7) Building Address: 209 N.Federal Highway,Boynton Beach, FL 33426, (8) Premises: The building shown on the Site Plan containing approximately 1,070 square feet.. (9) Property: The commercial real property shown on the Site Plan consisting of approximately 14,336 square feet, (10) Use, The Premises shall be used as an Italian Ice and Creamery engaged in the sale of seaside/carnivaUboardwalk style desserts and treats for on and off Premises consumption and such other similar services as may be necessary or incidental thereto and for no other purpose. The Premises shall not be used for any illegal purposes, nor in any manner to create any nuisance, trespass, nor in any manner in violation of existing laws,codes or ordinances. (1 1) Term: Five(5)Years (12) Commencement Date: Upon mutual lease execution. (13) Termination Date: Sixty(60)months from Rent Commencement,provided however that if the Termination Date,as determined herein, does not occur on the last day of a calendar month,the Lease Term shall be extended by the number of days necessary to cause the Termination Date to occur on the last day of the last calendar month of the Lease Term. Tenant shall pay Gross Rent,Percentage Rent and Additional Rent for such additional days at the same rate payable for the portion of the last calendar month immediately preceding such extension. (14) Initial Deposit: $4,664.00 consisting of a security deposit of $2,332.00 and first months rent of $2,332.00.(Includes sales tax) (15) Rent Commencement Date: The earlier of(i)the date Lessee opens for business in the Premises or(ii)One Hundred Eighty(180)days from the delivery of the Premises from the Lessor. (16) Monthly Gross Rent: Year I -$2,200.00 per month commencing on Rent Commencement Date(as defined above)and ending 12 months thereafter. Each anniversary thereafter,rent shall increase by 3%over the amount charged in the year immediately preceding. The Gross Rent shall include any and all Operating Expenses.Insurance charges and Real Estate Taxes incurred by Lessor with respect to its ownership of the Property. (17) Total Monthly Gross Rent: $2,332.00(Monthly Gross Rent until adjusted including applicable Florida sales tax.) (18) Extension Option: Number of Extensions: One(1) Length of Extension: Five(5)Years Rent shall increase annually by 3%over the amount charged in the year immediately preceding. Option Notice: 180 days written notice prior to lease termination, subject to terms of Extension Rider, (19) Broker: Gulfstream Commercial Realty,LLC (20) Guarantor: Joseph M.&Barbara A.Hurtuk,Michael Swain&Joseph M.Hurtuk,III (21) Lessee's Allowance. Up to$20,000.00 subject to the provisions of the attached Lessee's Work Rider. (b) Definitions: In addition to the terms that are defined above and elsewhere in this Lease,the following terms are defined hereinafter. (1) "Additional Rene' means all other sums in addition to Gross Rent and Percentage Rent that are due frorn Lessee to Lessor under the Lease including sales taxes, all other taxes now or hereafter imposed by governmental or quasi- governmental authorities assessed against the Property, late charges, direct charges and all other sums which are by the terms of the Lease due from Lessee to Lessor. (2) "Building"means the building located on the Land(as hereinafter defined) in which the Premises are situated. (3) "Property" means the development consisting of the Land and all improvements built on and to the Land including without limitation the Building, and the parking areas,roadways,pedestrian sidewalks,driveways,whether open or closed,delivery areas,trash removal areas,landscaped areas and all other areas or improvements(as hereinafter defined). (4) "Lease"means the body of the lease together with all exhibits,riders and attachments. (5) "Lease Year" means each consecutive twelve (12) month period, beginning on the Rent Commencement Date. (6) "Rent"means the Monthly Gross Rent and Percentage Rent which shall be paid to Lessor, without any prior demand and without deduction or set-off whatsoever. (7) "Term" means the initial term and where applicable shall include the Extended Term,if any. 2. rERM: `rhe Term of this Lease is as set forth in the Basic Lease Information,beginning on the Commencement Date and terminating on the Termination Date unless renewed in accordance with Section I(a)([9)or terminated sooner. 3. Gross Rent: (1) The Gross Rent shall be due on the first(I")day of every calendar month in equal monthly installments("Monthly Gross Rent"). (2) The Rent shall be paid commencing on the Rent Commencement Date as set forth in the Basic Lease Information and thereafter on the first day of each calendar month. If the Rent Commencement Date is on other than the first day of the calendar month,Lessee shall pay a prorated amount of the Gross Rent for the partial month as well as the Gross Rent and any Additional Rent for the next succeeding calendar month. (3) Lessee's Gross Rent for each "Lease Year" of the Tenn after the initial Lease Year shall be adjusted as stated in Section I(a),Basic Lease Information. (4) All checks or negotiable draft-, for Rent are to be made payable to the order of 209 N. Federal, LLC or such other person or entity as designated by Lessor,and mailed to the Payment Address or to such other address designated by Lessor. Percentage Rent-. (1) In addition to the Gross Rent provided for herein, Lessee shall pay to Lessor that amount, if any, equal to five percent (5%) of Lessee's Gross Sales derived from the Leased Premises during any lease year in excess of the applicable Gross Sales Breakpoint, as hereinafter specified, for such lease year. Within forty-five(45)days after the end of each lease year which falls within the term of this Lease and any renewal terms or extensions thereof, Lessee shall deliver to Lessor a written statement,signed by an officer of the Lessee,certifying the amount of the Gross Sales derived by Lessee from the Leased Premises during the preceding lease year. At the same time Lessee shall pay to Landlord such Percentage Rent as may be due thereon. The percentage rent for each lease year shall be calculated separately for such lease year based on the Gross Sales of the preceeding year and without reference to the volume of sales for any prior lease years. (2) Gross Sales Breakpoint: The Gross Sales Breakpoint for each lease year of the initial to shall be the sum of Two Hundred Fifty Five Thousand and 00/100 Dollars($255,000.00). (3) In the event Tenant exercises its options to extend the to of this Agreement as hereinabove provided, the Gross Sales Breakpoint for each lease year of the respective five-year renewal to exercised hereunder shall remain the sum of Two Hundred Fifty Five Thousand and 00/100 Dollars($255,000.00). (4) Gross Sales: The term "Gross Sales" as used herein shall mean the aggregate gross sales price, whether for cash or otherwise, of all merchandise sold,and gross charges for services tendered, in or from the Leased Premises for such lease year, including, without limitation, proceeds from vending machines, phone orders,and other income from concessionaires. It is expressly understood that the following are not included in the term "Gross Sales": (1)any sales tax or any other tax of any nature that Lessee is required to collect for and pay to any governmental agency; (2) credits or refunds made to customers for merchandise returned or adjusted; (3) delivery charges; (4) sales canceled; (5) allowances or adjustments granted to customers; (6) sales made by Tenant at discount to employees; and (7) any interest, finance charges, service charges or similar charges which may be charged an any credit sales. (5) Records: Lessee shall keep complete and accurate books and records of its Gross Sales made from the Leased Premises,which books and records shall be kept by Lessee at its principal accounting office. All statements of sales shall be treated as confidential by the Lessor and shall be conclusive unless Lessor,within six (6) months after receipt thereof, shall cause the applicable records to be audited in a manner not to unreasonably interfere with Lessee's business by a certified public accountant employed and paid by Lessor. If such audit shall disclose that Lessee's Gross Sales have been under-reported to the extent of ten percent (10%) or more on an annual basis, Lessee shall pay to Lessor as Additional Rent within ten(10)days after demand,the cost of said audit(not to exceed $5.,000.00) in addition to the deficiency in Percentage Rent, which deficiency shall be payable in any event. The rights of Lessor or its assignees in the Rent are absolute and unconditional and are not subject to any abatement,reduction,setoff,defense,counterclaim or recoupment due or alleged to be due to,or by reason of,any past,present or future claims that Lessee may have against Lessor,its assignees or any person for any reason whatsoever. 4. SECURITY DEPOSIT- (a) The Security Deposit shall be paid and delivered to Lessor simultaneously with the delivery by Lessee of this executed Lease. (b) The Security Deposit shall be retained by I..,mor as -security for the payment by Lessee of the Rent and for the faithful performance by Lessee of all the other terms, covenants and conditions of this Lease. Lessor,at Lessor's option and upon prior written notice to Lessee,may,at any time,apply the Security Deposit or any part thereof toward the payment of the Annual Gross Rent,Percentage Rent or Additional Rent or toward the performance of Lessee's obligations under this Lease or all of the foregoing. In such event,Lessee shall pay to Lessor on demand the amount so applied in order to restore the Security Deposit to its original amount. (c) The Security Deposit shall not constitute liquidated damages. (d) Lessor shall return the unused portion of the Security Deposit to Lessee within thirty(30)days after the expiration of the Term if Lessee is not in breach of this Lease. If the Security Deposit is insufficient to cover Lessor's damages, Lessee shall pay on demand to Lessor an amount sufficient to fully compensate Lessor for Lessee's breach. Lessor may,but is not obligated to exhaust any or all rights and remedies against Lessee before resorting to the Security Deposit. Lessor shall not be required to pay Lessee any interest on the Security Deposit nor hold it in a separate account. (e) If Lessor sells the Property, Lessor shall deliver the Security Deposit or the unapplied portion thereof to the new owner. If Lessor delivers the Security Deposit or the unapplied portion thereof to the new owner, Lessee shall took to the new owner only and not to Lessor for the return of its Security Deposit.No mortgagee of the Property will be liable for the return of any portion of the Security Deposit, except to the extent actually received by the mortgagee. (1) If Lessee assigns this Lease,the Security Deposit shall remain with Lessor for the benefit of the assignee and shall be returned, if at all, to the assignee upon the same conditions as would have entitled Lessee to the return of the Security Deposit. 5. LATE-CHAR-GES: (a) If Lessor does not receive full payment of the Rent within five (5)days from the date the Rent is due, Lessee shall, in addition to the payment of Rent, pay a late charge equal to five percent (5%) of the amount not timely paid in order to defray Lessor's additional processing costs. The late charges shall be deemed Additional Rent. (b) If Lessee shall pay Monthly Gross Rent,Percentage Rent or any Additional Rent with a check or bank draft that is returned unpaid or uncollected, Lessee shall pay to Lessor, in addition to the total amount due plus any late charge,a processing fee for each returned check or bank draft in an amount equal to fifty dollars($50.00)or the amount specified by the State of Florida. whichever is greater. In the event that one of Lessee's checks or bank drafts are returned unpaid or uncollected during the Term, Lessee will be required,as a condition of Lessee continuing its tenancy,that all subsequent payments of Monthly Gross Rent, Percentage Rent or Additional Rent be in the form of cashier's checks or money orders. (c) Lessee shall reimburse Lessor upon demand, for all reasonable costs incurred by Lessor in the collection of any sums due to Lessor under this Lease including, without limitation, collection agency fees and attorneys' fees through all appellate actions and proceedings,if any. 6. ( ONSTRUC I ION AND DELIVERY OF THE PREMISES L>~ SLE; (a) All of Lessee's work shall be constructed at the sole cost and expense of Lessee. and shall comply with all building, safety, fire and other codes and governmental and insurance requirements, (b) Lessee shall have no right to enter to occupy the Premises until the same are tendered to Lessee by Lessor. (c) Nothing contained in this Lease will be deemed the consent or agreement of Lessor to subject Lessor's interest in the project to liability under any mechanics'or other lien law. Further, and more specifically, absent Lessor's specific written consent, no person shat I be entitled to a mechanic's or other lien on the Lessor's interest in the project, regardless of any representations made or agreements entered into by anyone. Lessee shall, immediately upon request of the Lessor,execute any memorandum, lease or other documentation to effectuate the purposes of this Section. Lessor shall be entitled to record a memorandum in the public records of the county in which the property is located in order to giver further effect to the terms of this Lease generally and this Section in particular. If Lessee receives written notice that a lien has been or is about to be filed against the Premises or the Property,or that any action affecting title to the Property has been commenced on account of work done by or for or materials furnished to or for Lessee,it will immediately give Lessor written notice of such notice.At least fifteen(15) days prior to the commencement of any work (including but not limited to any maintenance, repairs, alterations, additions, improvements, or installations) in or to the Premises, by or for Lessee, Lessee will give Lessor written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. In addition to the above, Lessor will have the right to post notices of non-responsibility or similar written notices on the Premises in order to protect the Premises against any such liens. (d) Lessee shall comply with the requirements set forth in the Lessee's Work Rider. (e) Lessee shall open for business and continuously conduct business within One Hundred Eighty(1 SO)days from the Commencement Date. 7. MAINTENANCE AND REPAIR: (a) Lessee shall,at all times,and at Lessee's expense,maintain the Premises and the Property in a clean, orderly, safe and sanitary condition,. Lessee shall be solely responsible for the extermination of pest, termite, rodent and organisms from the Premises and the Property and, if needed,shall hire an extermination service to treat the Premises and the Property on a regular and periodic,basis. If requested by Lessor,Lessee shall deliver a copy of the extermination service contract for covering these periodic services. (b) Lessee shall be obligated to repair,maintain and replace during the Term (i)any glass windows,doors and door hardware,(I!)interior walls,floor coverings,columns and partitions, (iii) fixtures, (iv) heating, ventilating and air conditioning appliances, (v) plumbing,electrical and sewage facilities,(vi)signage in a neat and attractive condition at all times, and (vii) any and all other appurtenances of the Premises. Lessee shall maintain an annual service contract on the heating, ventilating and air-conditioning equipment with a contractor approved by Lessor and deliver a copy of the contract to Lessor within thirty (30) days from the Commencement Date. Lessee shall be solely responsible to maintain,repair and replace such equipment at its sole expense, including but not limited to the curb on which the air-conditioning unit is placed. (c) Lessor shall not be responsible to make any improvements or repairs to the Premises or Property, and Lessor's sole obligation shall be to keep the Building walls, roof and foundation structurally sound, except that Lessor shall not be responsible to make any of these repairs that are made necessary by any act or neglect of Lessee or any person invited or employed by,or under the control of Lessee. Lessee shall notify Lessor in writing as soon as Lessee becomes aware of any parts or the Property, Building or Premises which as a result of disrepair may cause injury to persons or property or are of an ongoing nature. If Lessor makes repair-,or causes repairs to be made to the Premises, due to Lessee's failure to do so after 30 days written notice,Lessee shall immediately pay to Lessor the costs of some as Additional Rent. Lessor shall not be obligated to commence repairs until Lessee notifies Lessor in writing of disrepair, (d) Lessee shall not at any time leave the Premises vacant, but shall in good faith continuously throughout the Term conduct and carry on in the entire Premises the type of business for which the Premises are leased, in compliance with all applicable Laws (defined below). Lessee shall operate its business with a complete line of full selection and sufficient stock of first class merchandise of current style and type,attractive displays and in an efficient, high class and reputable manner. Lessee shall not permit any objectionable or unpleasant odors to emanate from the Property or Premises,nor place or permit any radio,television,loudspeaker or amplifier on the roof or outside the Promises or where the same can be.seen or heard from outside the Premises,nor place an antenna, awning or other projection on the exterior of the Premises, except for window awnings-, nor take any other action which in the exclusive judgment of Lessor would constitute a public or private nuisance or would disturb or endanger adjacent tenants or invitces or unreasonably interfere with their use of their respective premises. Lessee shall take good care of the Property and Premises and keep the same free from waste at all times. Lessee shall keep the Property,Premises and sidewalks,service-ways and loading areas adjacent to the Premises neat,clean and free from dirt,rubbish, insects and pests at all times,and shall store all trash and garbage within the Premises,arranging for the regular pickup of such trash and garbage at Lessee's expense. Lessee will store all trash and garbage within the area designated by Lessor for such trash pickup and removal and only in receptacles of the size, design and color from time to time prescribed by Lessor. Receiving and delivery of goods and merchandise and removal of garbage and trash shall be made only in the manner and areas from time to time prescribed by Lessor, (e) Lessee shall not be permitted to store any vehicles in the parking area overnight unless said vehicles are integral to Lessee's permitted business and use. ACCESS TO PREMISES, (a) Lessee shall permit Lessor, Lessor's agents and independent contractors, during customary business hours, but in the event Lessor deems the situation to be an emergency, then at any time, to enter the Premises for (i) the purpose of making inspections and repairs,(ii)removing fixtures,alterations,additions,signs or placards not in conformity with those rules and regulations prescribed by Lessor from time to time,or (iii)exhibiting the Premises for lease,appraisal,sale or mortgage. (b) In addition to the foregoing, Lessor shall have the right within ninety(90) days prior to the end of the Term,to post signs indicating the Premises are available for lease. (c) Nothing herein shall be deemed to make Lessor liable for the condition of the Premises. 9. ASI GIINMIIENT IORSUBLETTING: (a) Lessee shall not assign or sublet any interest of Lessee in the Premises or any pan of the Premises, nor transfer any interest, including, but not limited to mortgaging or pledging Lessee's interest in this Lease or the Premises, unless Lessee has received the prior written consent or Lessor, which Lessor may withhold for any reason in Lessor's sole discretion. Consent by Lessor to one or more assignments, sublettings or transfers shall not operate as a consent to any subsequent assignment,subletting or transfer,each of which shall require Lessor's separate written consent. (b) In the event Lessee wishes to assign, sublet or transfer its interest, Lessee shall deliver to Lessor not less than thirty(30)days prior to the date Lessee and the proposed assignee,sublessee or transferee intend to effectuate the transfer: (1) A copy of a fully executed (except for the requirement of Lessor's consent)assignment,sublease or transfer at least thirty(30)days prior to the date the assignment,subletting or transfer is to be effective;and (2) Reasonably detailed information as to the character, reputation, business experience and financial status of the proposed assignee or subtenant;and (3) Any further information concerning the assignee or sublessee as Lessor may request, including but not limited to the contract for sale and assignment or the sublease between Lessee, as assignor or sublease and the assignee or sublessee,as the case may be. (c) In addition to the foregoing, Lessee shall pay to Lessor a total amount equal to one month of the then current Monthly Gross Rent,payable in two(2)installments. The first installment in the amount of one thousand dollars($1,000.00)shall be delivered with the documentation set forth in subparagraph 9(b)above.The second installment shall be paid prior to Lessor delivering its written consent and only if Lessor acknowledges that the assignee has been approved in accordance with all the to and conditions of Section 9 of the Lease. (d) If Lessee is a corporation, partnership, limited liability company or other legal entity("Entity"),then the transfer of any interest to a party who does not have an interest in the Entity as of the date this Lease is executed by Lessee or the creation of an interest in a party who does not have any interest in the Entity as of the date this Lease is executed by Lessee, shall be deemed an assignment of this Lease that requires Lessor's written consent in accordance with this Section 9.This provision shall apply whether the issuance or transfer is by sale, exchange, merger, consolidation, operation or law or otherwise or whether it occurs in a single transaction or in a series of related or unrelated transactions. (e) In the event of a permitted assignment of this Lease,or subletting of the Premises, Lessee shall remain jointly and severally liable with assignee and sublessee and shall not be released from Lessee's obligations hereunder should any assignee or sublessee fail to fully and faithfully perform each and every to of this Lease,unless Lessee is released, in writing by Lessor.. (f) The proposed assignee shall execute and deliver to Lessor, prior to the effective date of the assignment,a document in form and substance satisfactory to Lessor,agreeing to assume and be responsible for all of the terms of this Lease. (g) By executing the sublease, the subtenant shall be deemed to agree to attom to Lessor,at Lessor's option, if this Lease is surrendered by Lessee or terminated by Lessor due to Lessee's default or by operation of law. (h) No assignment or subletting is permitted to another lessee or occupant of the Premises or the Property, without Lessor's written consent which may be withheld for any reason in Lessor's sole discretion. (i) If Lessor consenLq to an assignment or a subletting but the term of the assignment or sublease has not begun within sixty(60)days after Lessor's consent, Lessor's consent shall be deemed not to have been given and Lessee shall then be required to fulfill all the requirements of this Section 9. 0) In addition to the rights described above, Lessor shall have the right to deal directly and exclusively with any proposed assignee or proposed subtenant. (k) After the assignment or sublease becomes effective,Lessor shall have the right to deal directly with Lessee's assignee in all matters pertaining in any way to the Premises or this Lease,including but not limited to,modifications,extensions and defaults without notifying or dealing with Lessee. Lessee waives the right to receive any notice from Lessor from and after the effective date of the assignment. Notwithstanding the foregoing,Lessor will send notices of default to both Lessee as well as assignee. (1) In no event shall Lessee,as a result of any assignment or sublease,receive monies from such assignee or subtenant in excess of the amount due Lessor by Lessee under the terms of this Lease. Any excess amount shall be payable to Lessor as Additional Rent. (m) Lessor may refuse its consent to the proposed transfer on any grounds in Lessor's sole discretion, and to such extent as the Lessor's consent is directed to reasonableness, (by way of example and without limitation)it shall be reasonable for Lessor to withhold its consent if any of the following situations exist or may exist: (a)the use to which the Premises will be put by the proposed assignee or sublessee (hereinafter collectively referred to as "transferee") is different than the use set forth in Section I(a)(9); (b) the proposed transferee's financial condition is inadequate to support all of the financial and other obligations of Lessee tinder this Lease; (c) the business reputation, experience, background or character of the proposed transferee is not reasonably acceptable to Lessor-,(d)the proposed transferee is not likely to conduct on the Premises a business of a quality substantially equal to that conducted by Lessee; (e) the nature of the proposed transferee's proposed or likely use of the Premises would impose an increased burden on the the Property,or involve any increased risk of the presence, use, release or discharge of Hazardous Waste as defined in Section 38; (f) Lessor has not received assurances acceptable to Lessor in its sole discretion that all past due amounts owing from Lessee to Lessor, if any, will be paid and all other defaults on the part of Lessee, if any, will be cured prior to the effective date of the proposed transfer; (g) Lessor determines that the • annual Percentage Rent,if any,Lessor anticipates receiving from the proposed transferee is less than the average annual Percentage Rent Lessor has received from Lessee during the two(2)years immediately prior to the proposed assignment or sublease;(h) the transfer would breach any covenant of Lessor respecting radius, location, use or exclusivity relating to the Property, conflict with, be incompatible with or have an adverse impact on the tenant mix of the Property; or (i) if Lessor's lender requires, consent to any modification,assignment or subletting,then it shall be deemed reasonable for Lessor to refuse the transfer if the lender does not consent. (o) Lessor shall not be deemed to have consented to a proposed assignment or sublease or otherwise waive any of Lessor's rights or remedies if Lessor accepts a rent payment, a check or negotiable instrument from any party other than Lessee, including but not limited to the proposed assignee or sublessee prior to Lessor's written consent to an assignment or sublease being delivered to Lessee. 10. CONDITION OF PREMISES: (a) Lessee acknowledges that Lessee has inspected the Premises and the Property and acknowledges that the condition of the Premises and the Property is in good order and repair as of the Commencement Date and accepts the Premises and the Property in "AS IS"condition. (b) If Lessor is required to complete certain improvements to the Premises prior to Lessee's occupancy, it shall he deemed that Lessee accepts the Premises and the improvements "AS IS"at such time as Lessee occupies the Premises or within two (2) days after Lessor notifies Lessee that Lessor's work is done,whichever comes first. (c) If requested by Lessor, Lessee shall execute, acknowledge and deliver a certificate setting forth the Commencement Date and the Termination Date of this Lease, as well as Lessee's acknowledgment that Lessee has inspected the Premises as of the Commencement Date and accepts the Premises in"AS IS"condition. (d) Lessee has thoroughly investigated the Property and the Premises, the status of zoning and governmental approvals,and disclaims any reliance on Lessor in its decision to lease the Premises for its intended Use. Lessor makes no representations or warranties of any nature whatsoever relative to State or local requirements as they affect Lessee and Lessee's Use of the Premises,including but not limited to zoning and impact fees, 11, RULES AND REGULATIONS: (a) Lessee shall abide by and comply with all rules and regulations now or hereafter prescribed by Lessor for the Property or the Premises or both. (b) Lessee shall neither permit nor commit any immoral or unlawful practice or act in or upon the Property or the Premises. (c) Lessee shall not permit any noxious,Foal or disturbing odors to emanate from the Premises. (d) Lessor shall have no duty to enforce any rules and regulations as against any other tenant or occupant of the Property. Lessor shall not be liable to Lessee for violation of the rules and regulations or for any act or omission by any other tenant or occupant of the Property. (E) Lessee acknowledges and agrees that effective January 26, 1992,the Americans with Disabilities Act, including each of the four (4) Titles of the Act, and more specifically Title III of the Act(collectively,the "Act"), is in full force and effect and is applicable to the Premises pursuant to action passed by the United States Congress and the Act is designed to regulate and allow for the equal accessibility of the disabled and impaired person or persons within the Premises or the Property. (The Act and all rules, regulations,judicial and administrative rulings and decisions,standards and codes,as the same may be hereafter amended, supplemented and/or modified,are collectively referred to as the"ADA".) (f) Lessee shall be solely responsible for compliance with the ADA within the Property and the Premises and Lessee shall indemnify and hold Lessor harmless against any fines, liabilities, litigation or lions that may result from Lessee's noncompliance with the ADA. Lessor shall not be responsible for any legal,civil or criminal action taken by any individual,firm or governmental authority relating to Lessee's non-compliance with the ADA. (g) Without limiting the generality of the foregoing, Lessee shall be responsible for compliance with requirements imposed by disability laws with regard to the Property and the Premises,including,without limitation,all such requirements applicable to removing barriers, furnish auxiliary aids, and ensuring that, whenever alterations are made, the affected portion of the Property and Premises are readily accessible to and usable by individuals with disabilities, as said terms are defined by ADA. Further, in addition to any other provisions of this Lease,in the event that the Lessor at any time determines that the Property or the Premises are not in compliance with ADA,then, in that event, upon first providing Lessee with advanced written notice and providing 30 days to cure, the Lessor may, in its sole discretion, but shall not be obligated to, effectuate such steps as may be necessary in order to enhance the level of compliance and, in that event, the Lessee shall pay the Lessor, within fifteen (15)days of demand by the Lessor, a sum sufficient to reimburse the Lessor for all expenses incurred by the Lessor in effectuating such enhancement to the compliance,plus 15%for Lessor's overhead. Additionally, in the event that the Lessor determines, in its sole discretion, that the Property or the Premises are not in compliance with ADA,then,upon written demand by the Lessor for the Lessee to bring the Property or the Premises into compliance. the Lessee shall effectuate such repairs or alterations as may be required to effectuate such compliance (any such alterations being subject to the remaining terms of this Lease with regard to Lessor's consent to alterations), and Lessee's failure to accomplish such repairs or alterations within thirty(30)days of receipt of the notice from Lessor,shall constitute an event of default under the terms of this Lease. Within ten(10)days after receipt,Lessor and Lessee shall advise the other party in writing,and provide the other with copies of(as applicable),any notices alleging violation of ADA relating to any portion of the Property or of the Premises; any claims made or threatened in writing regarding noncompliance with ADA and relating to any portion of the Property or of the Premises; or any governmental or regulatory actions or investigations instituted or threatened regarding noncompliance with ADA and relating to any portion of the Property or the Premises. 12, LESSEE IMPROVEMENTS: (a) All additions,fixtures or improvements("Additions")which may be made by Lessee shall become the property of Lessor, remain upon the Premises and he surrendered with the Premises at the end of the Term unless Lessor requests Lessee to remove all or some of the Additions. (b) If requested by Lessor, Lessee shall at the termination of the Lease, at Lessee's expense. remove Lessee's all or a portion of the Additions as well as the signage, insignias and the like on the exterior of the Premises and the pylon sign, if applicable, repair all damages caused either by the installation or the removal of the foregoing and deliver a vanilla shell in like-now condition. This provision shall survive the termination of the Lease. 13, COMPLIANCE WITH LAWS: (a) Lessee shall, at its sole expense, abide by and comply with all laws, ordinances and regulations enacted by those governmental entities, whether federal, State or municipal, having jurisdiction over the Property or the Premises or the use of the Premises,whether or not the same interferes with the use or occupancy of the Premises, the manner or conduct of Lessee's business or operation, or is relative to Lessee's installations, equipment or other property in the Premises or compliance requires work which is structural or non-structural,ordinary or extraordinary,foreseen or unforeseen. (b) Lessee shall pay all of the costs,liabilities,expenses,fines,penalties and damages which may be imposed upon Lessor by reason of or arising out of Lessee's failure to fully and promptly comply with and observe the provisions of this Section. (c) In the event Lessee receives any notice alleging violation of any laws or any notice of regulatory action or investigation instituted in connection therewith, Lessee shall promptly deliver a copy of the notice to Lessor and in no event later than five(5) days after receipt by Lessee. 14. INDEMNITY AND INSURANCE: (a) Lessee shall indemnify, defend, save and hold Lessor, and Lessor's agents, independent contractors, successors and assigns, harmless against any and all suits, damages,liabilities,losses,costs and expenses(including,without limitation,any and all attorneys' fees and court costs through trial and on appeal including attorneys' fees incurred in the enforcement of this provision)arising from or in any way connected with any acts, omissions, neglect or fault of Lessee, or any of Lessee's agents, invitees, licensees,representatives,successors or assigns,including but not limited to,any Default (as defined in Section 23),or any death,personal injury or property damage occurring in, on,or about the Premises or the Property. (b) Lessee shall, at Lessee's expense,take out and maintain throughout the term of this lease (including any renewal to if any) in the names of the Lessee and the Lessor and naming the Mortgagee as additional insured, if any, as loss payee as their respective interests appear,the following insurance: (i) fire and standard extended coverage insurance including sprinkler leakages,earthquake,flood and collapse,in an amount equal to the full replacement cost of all improvements,equipment and property of every designation and kind in or serving the Premises or for which the Lessee is legally liable,together with standard broad form boiler and machinery insurance coverage if it applies-, (ii) business interruption insurance in such amount and for such risks as would be carried by prudent tenants; (iii) comprehensive general liability, contractual liability, non-owned automobile liability and owners' and contractors' protective insurance coverage, written on an occurrence basis with inclusive limits of not less than$2,000,000 for bodily injury to any one or more persons, or property damage, or such higher limits as the Lessor requires from time to time, and containing severability of interests and cross-liability clauses, (iv) pollution and remediation legal liability insurance to cover the risks associated with the handling, storage, use, disposal, and possible release of Hazardous Substances at the Premises in the face amount of$1 million,if request by Lessor; (v) plate glass insurance; NO builder's risk insurance during the course of construction; (vii) so called -Dram, Shop" insurance if alcoholic beverages are sold by the Lessee for on or off premises consumption;and (viii) any other Form of insurance as the Lessor may reasonably request from time to time. (c) Lessee's policies will• (i) contain the Mortgage's standard mortgage clause and contain a waiver of any subrogation rights which the Lessee's insurers may have against the Lessor and those for whom the Lessor is in law responsible; (ii) be taken out with insurers reasonably acceptable to the Lessor and in a form reasonably satisfactory to the Lessor;(iii)be non-contributing with and apply only as primary and not as excess to any other insurance available to the Lessor;(iv)not be invalidated as respects the interests of the Lessor and the Mortgagee by reason of any breach or violation of any warranties, representations, declarations or conditions contained in the policies; and (v) contain an undertaking by the insurers to notify the Lessor and the Mortgagee in writing not less than thirty (30) days prior to any material change, cancellation or termination. The certificates of insurance shall be in a form reasonably acceptable to the Lessor and will be delivered to the Lessor simultaneously with the Commencement Date. (d) (i) If any insurance policy is cancelled or threatened by the insurer to be cancelled,or the coverage reduced by the insurer by reason of the use and occupation of the Premises,it shall be deemed a Default under the terms of this Lease and if the Lessee fails to remedy the condition giving rise to cancellation, threatened cancellation or reduction of coverage within 48 hours after notice by the Lessor,the Lessor may, at its option,either(a)declare a default under the terms of this Lease or pay for etc. including termination under Article XI,or(b)at the Lessee's expense,enter upon the Premises and remedy the condition giving rise to the cancellation,threatened cancellation or reduction; (H)The policies shall be delivered to Lessor within three(3)business days from the Commencement Date and with respect to coverage during construction, prior to the commencement of any construction. In the event Lessee fails to carry the insurance policies as required by this Article 14, an amount equal to five percent (5/o) of the monthly Rent shall be charged as Additional Rent for each month in which Lessee fails to deliver to Lessor the insurance policies required herein. Additionally. Lessor shall have the right but not the obligation to obtain such policy or policies or such additional coverage if not obtained after giving Lessee five (5) days' written notice, the cost of which shall be paid by Lessee with ten(10)days'demand by Lessor,as Additional Rent. (e) Lessee shall also comply in a timely manner with all occupational, professional and licensing requirements applicable to Lessee's use of the Premises. Lessee shall promptly comply with any and all fire,emergency and evacuation procedures ordered by safety and regulatory officials having jurisdiction over the Property or the Premises. (f) Lessee shall comply with any and all requests made by Lessor's fire or liability insurers with respect to the Property or the Premises, or both, at Lessee's cost and expense. Lessee shall pay any increase in Lessor's fire liability or other insurance premiums over and above the rate in effect immediately prior to the Commencement Date caused by Lessee's use or occupancy of the Premises. 15. DAMAGE: (a) If the Premises shall be destroyed or damaged by fire windstorm,civil disturbance or other casualty so that the same shall be rendered untenantable. Lessor shall have the right to render the Premises tenantable by repairs within one hundred and eighty (180) days from the date of any such casualty. During said 180 days, or as long as it takes Lessor to render the Premises tenantable to the condition existing before the casualty,rent and additional rent shall be abated. If the Premises are not rendered tenantable within such time,either Lessor or Lessee shall have the option to terminate this Lease. If either Lessor or Lessee shall exercise its option to terminate this Lease pursuant to this Section, Lessee's obligation to pay both Monthly Gross Rent and Additional Rent shall cease at the time of the casualty,and all prepaid rent and any unapplied security deposit shall be returned to Lessee. (b) If only a part of the promises shall be destroyed, Lessee shall pay a portion of the Monthly Gross Rent and Additional Rent apportioned for the remaining tenantable area as determined by Lessor,in Lessor's sole discretion. 16. LI SSFFS PROPERTY AND BUSINESS OPERATION-. (a) All of Lessee's property placed upon, or moved into the Premises shall be at the sole risk of Lessee. (b) Lessor shall not be liable (1) for any damage to any of Lessee's property or to Lessee or any third party, arising from the bursting or leaking of water pipes, roof, or structure by reason of the elements, including but not limited to rain, wind, lightning, flood, or from any other act whether by Lessor or by a third person, or (R) for the negligence,act or omission of any co-tenant or other occupant of the Premises or of the Property, or of any other person whomsoever, including without limitation, Lessor and Lessor's agents, independent contractors, representatives, successors and assigns, nor shall Lessor be liable for any consequential damages to Lessee by reason of any of the foregoing. With respect to latent or patent defects in the Premises or in the building, Lessor's liability shall not extend beyond one (1) year for the date of substantial completion of Lessor's Work in the construction of the Premises(as set forth in Lessor's Work Rider),whether or not such defects are discovered within such one year period. 17. CON DENINA T I'QN: (a) In the event the entire Premises shall be appropriated or taken under the Power of eminent domain by any public or quasi-public authority, this Lease shall terminate and expire as of the date of title vesting in such proceeding, and Lessor and Lessee shall thereupon be released from any further liability hereunder. (b) If any part of the Premises shall be taken as previously mentioned,and that partial taking shall render the portion not taken unsuitable for the business of Lessee, as determined by Lessor, then this Lease shall terminate. If the partial taking is not extensive enough to render the remaining portion of the Premises unsuitable for the business of Lessee, then this Lease shall continue in effect, except that the Gross Rent shall be reduced in the same proportion that the floor area of the Premises taken bears to the original floor area rented and Lessor shall, upon receipt of the award in condemnation,make all necessary repairs or alterations to the Premises and Lessor shall not,in any event,be required to spend in an amount in excess of the amount received by Lessor as a condemnation award. Amount received by Lessor shall mean that part of the award in condemnation which is free and clear to Lessor of any collection by mortgagee for the value of the diminished fee. (c) If in the reasonable opinion of the Parties, the taking renders the Premises untenantable or the Property commercially not viable,Lessor or Lessee may, by written notice,terminate this Lease-,the termination to be effective thirty(30)days after the date of the notice. (d) If this Lease is tenninated as provided in this Section 17,the Rent shall be paid up to date that possession is taken by public authority. (c) Lessee shall not be entitled to and expressly waives all claim to any condemnation award for any taking, whether whole or partial,and whether for diminution in value of the leasehold or to the fee although Lessee shall have the right,to the extent that the same shall not reduce Lessor's award,to claim from the condemnor,but not from Lessor,such compensation as may be recoverable by Lessee in its own right for damage to Lessee's business, Fixtures and improvements (which by the terms of the Lease are to belong to Lessee as of the end of the Term or Extended Term, if any) installed by Lessee at its expense. 18. DIRECT CHARGES: (a) In the event that Lessor is required to do so by any governmental agency or service provider,Lessor shall have the right at any time,but not the obligation,to install meters,sub-meters or other equipment to measure Lessee's usage of utilities or services, including but not limited to electricity, trash removal, telephone, gas, water, sewage disposal and the like. Installation shall be at Lessee's expense, (b) If Lessor installs this equipment, Lessee shall pay Lessor for Lessee's measured usage,unless Lessee is directly charged by a provider other than Lessor. Lessee shall pay the charges to the providers when due, including all tie-in fees,connection fees, impact fees, costs or metering, repairs to equipment or any appurtenant parts as well as such other charges as may be assessed by the providers. (c) Lessor shall not be liable for any interruption or failure whatsoever in utility services and Lessee agrees to look solely to its business interruption insurance for recovery of any losses or damages.Lessee shall comply with all terms and provisions of this Lease notwithstanding any such failure or interruption. Lessee shall not install any equipment which exceeds or overloads the capacity of the utility facilities serving the Premises. M QUIRT ENJOYMENT: Upon payment by Lessee of the Rent herein provided,and upon the observance and performance of all terms,provisions,covenants and conditions on Lessee's part to be observed and performed, Lessee shall, subject to all of the terms, provisions,covenants and conditions of this Lease, peaceable and quietly hold and enjoy the Premises for the Term hereby demised. 20, SUBSTITUTE PREMISES: (a) Provided that Lessor does not relocate Lessee during the first twenty four months of the initial Lease term, following the Lease's Rent Commencement Date, Lessor reserves the right from time to time during the Term or any extension thereof,to relocate Lessee to space elsewhere on Federal Highway or Ocean Ave in Boynton Beach as defined in the attached Relocation Rider, (the "New Premises") of approximately the same size as the Premises. (b) If Lessor elects to relocate Lessee,Lessor shall give to Lessee notice not less than ninety(90)days prior to the date Lessor intends to make the relocation. Upon receipt of notice from Lessor,Lessee shall have the right to inspect the New Premises. As Lessee's sole remedy against Lessor,should Lessee detennine the New Premises to be unsuitable, Lessee shall have the one time right to terminate the Lease by providing sixty(60)days advanced written notice to Lessor. (c) If Lessor relocates Lessee to the New Premises, Lessor shall pay reasonable direct-out-of-pocket expenses of Lessee in moving from the Premises to the New Premises,and Lessor shall improve the New Premises to a condition substantially similar to the Premises(exclusive of trade fixtures,personal property, inventory and equipment) provided Lessee already occupied the Promises. (d) Lessor shall not have any liability to Lessee for loss or damage of Lessee's property or business arising in connection with moving to the New Premises,unless due to the gross negligence of Lessor,or persons acting on behalf of Lessor. (c) If a relocation occurs, this Lease and each and every of its covenants and conditions shall remain in full force and effect and the same shall be deemed confirmed, ratified, and applicable to the New Premises, and the New Premises shall thereafter be deemed to be the Premises as though Lessor and Lessee had entered into an amendment of this Lease with respect thereto. Nonetheless, if Lessor requests an amendment to reflect the confirmation,Lessee shall execute and deliver such amendment. 21. SUBORDINATION: (a) Lessor shall have the unrestricted right to convey,transfer,mortgage or otherwise encumber the Premises. (b) This Lease is and at all times shall automatically be subject and subordinate to all present and future mortgages to which Lessor, its successors and assigns is a party and which in any way affect the Premises or any interest therein, and to all recastings, renewals, modifications, consolidations, replacements or extensions of any these mortgages, without the necessity of the execution and delivery of any further instruments on the part Lessee to effectuate such subordination. (c) Lessee shall execute any and all documents or instruments requested by Lessor or by any mortgagee to confirm and acknowledge that this Lease is subject and subordinate to any financing. (d) Also, if requested by Lessor or by any mortgagee, Lessee shall execute an estoppel certificate as provided by Lessor,certifying to Lessor and such other parties as are designated by Lessor that this Lease is in full force and effect, that Lessor is not in default and such other matters as are set forth on the estoppel certificate. (c) Lessee shall deliver the subordination document and the estoppel certificate within ten(10)days from the date Lessor sends these documents to Lessee. (f) If Lessee fails to comply with the provisions of this Section 2l,it shall be deemed a default in accordance with Section 23 of this Lease. 22. POSSE,,,SION BY MORTGAGEE AND LESSEE'S ATTORNMENT: (a) If any mortgagee comes into possession or ownership of the Premises or of the Property,or acquires Lessor's interest by foreclosure of a mortgage or otherwise, Lessee will attom to such mortgagee. In such event, Lessee will not be entitled to a credit for Rent paid in advance. (b) If any mortgagee shall request reasonable modifications to this Lease as a condition to disbursing any monies to be secured by a mortgage encumbering or to he encumbering the Premises, Lessee shall execute and deliver to Lessor an agreement, in form and substance satisfactory to Lessor and to the mortgagee, evidencing the modifications; provided, however, that the modifications do not increase Lessee's monetary obligations under this Lease or materially and adversely affect Lessee's leasehold interest created by this Lease. 21 EVENTS OF I2EFAQLT: (a) If Lessee shall: (i) fails to pay to Lessor the Gross Rent, Percentage Rent or Additional Rent late charges,processing fees or other monetary obligation as set forth in this Lease, or (ii) files a voluntary petition in bankruptcy or reorganization, make any assignment for the benefit of creditors,seek any similar relief under any present or future statute,law or regulation relating to relief of debtors,or have any involuntary petition in bankruptcy filed against it, or (iii) fails to open for business and conduct business in accordance with the terms of this Lease or ceases conducting business at the Premises for more than three(3)consecutive days,or remove all or a major portion of its inventory of goods for sale from the Premises,or(N)fails to keep and perform any one or more of the covenants and conditions contained in this Lease or, (v) if the Guarantor or any of the Guarantors fail to fulfill the terms of the Guaranty, if any,or if the Guarantor or any of the Guarantors make an assignment for the benefit of creditors which is not withdrawn within five (5) days after Lessor mails notice of such default to Lessee, or if the Guarantor or any of the Guarantors file for bankruptcy or proceedings for reorganization, liquidation or voluntary or involuntary dissolution of any Guarantor have been instituted or any of them have been adjudicated as a bankrupt or insolvent,or an appointment of a receiver of the property of any Guarantor has been accomplished, and the proceeding or proceedings have not been dismissed with fifteen (15)days after the institution of such proceedings, (vi) if Lessee is a franchisee, if Lessee defaults under the terms of the franchise agreement, then Lessee shall be in default under the terms of this Lease ("Default"). (b) If Lessee shall be in Default, Lessor will have any and all rights and remedies which the law of Florida confers upon a Lessor against a Lessee in breach or default of a lease including,Without limitation,the right to(i)terminate this Lease and bring a lawsuit for Rent then past due,(ii)elect to accelerate the entire unpaid balance of the Rent for the Term or the extended term, if applicable and bring a lawsuit for the collection of Rent, (M)take possession of and lease the Premises for the account of Lessee,and(iv)seek all available equitable remedies,including without limitation injunction,or do all or any one of the forgoing. (c) If Lessor elects to terminate this Lease for Lessee's Default and if at such time there remains any unapplied Security Deposit, then Lessor may (without waiver or impairment of Lessor's other remedies for Lessee's Default)retain the Security Deposit as liquidated and agreed upon damages as actual damages are difficult to ascertain as of the execution of this Lease, and Lessor shall also have the further right in such instance to immediate possession of the Premises. (d) If Lessor cannot terminate this Lease because of applicable bankruptcy law,then Lessee,as a debtor in possession or on behalf of any trustee for Lessor,shall;(i)within the statutory time,assume or reject this Lease and(ii)not seek or request any extension or adjournment of any application to assume or reject this Lease by Lessor. In such event Lessee or any trustee for Lessee may only assume this Lease if: (i) it cures or provides adequate assurance that it will promptly cure any default hereunder, ,(ii)it compensates or provides adequate assurance that Lessee will promptly compensate Lessor for any actual pecuniary loss to Lessor resulting from Lessee's default, and (iii) it provides adequate assurance of performance during the Term of all of the terms, covenants and provisions of this Lease to be performed by Lessee. In no event after the assumption of this Lease shall any then-existing default remain uncured for a period in excess of ten(10)days or the time period set forth in this Lease, which ever is sooner. "Adequate assurance of performance"shall include,but not be limited to,(1)adequate assurance of the source of Rent and(2)that the assumption of this Lease will not breach any provision of this Lease. (e) Notwithstanding anything in this Lease to the contrary, and without limiting Lessor's other rights and remedies provided for in this Lease,if Lessee is in default under any covenant,condition,or agreement of this Lease more than three(3)times within any twelve(12)month period,regardless of whether or not such default is cured,Lessor may, in its sole discretion,do either or both of the following:(i)demand immediate payment of additional Security Deposit by an amount that Lessor determines,in its sole discretion,is necessary to protect its interests, provided that such amount does not exceed four (4) months orthe then applicable Monthly Gross Rent;or(H)declare anon curable Default and pursue all of Lessor's rights and remedies under Section 24 hereunder. (f) Lessee may not remain within the Premises after the day the Lease expires without Lessor's written approval. With Lessor's approval,Lessee shall become a tenant at will and as such holding over shall not constitute an extension of this Lease. During such holding over,Lessee shall pay two hundred percent(200%)of the Rent in effect as of the expiration date. If Lessee holds over without Lessor's written consent, Lessee shall be a tenant at sufferance and shall pay twice the then effective Rent until Lessee surrenders possession. Nothing contained herein shall be interpreted to grant permission to Lessee to holdover or to deprive Lessor of any rights and remedies with respect thereto. (g) All of Lessee's covenants and obligations contained in this Lease are independent of Lessor's covenants and obligations contained herein. Lessee shall neither be relieved from the performance of any of Lessee's covenants and obligations (including, but not limited to the obligation to pay Rent)nor entitled to terminate this Lease,due to a breach or default by Lessor of any of Lessor's covenants or obligations. 24. REMEDIES CUMULATIVE: (a) Lessor's remedies under this Lease are cumulative. (b) The election of any right or remedy by Lessor shall not be deemed a waiver of any other right or remedy of Lessor under this Lease or otherwise. 25. ATTORNEYS'FEES AND INTEREST: (a) If,by reason of either party's Default,either party employs an attorney to enforce rights Linder this Lease, the non-prevailing party shall pay to the prevailing party all attorneys'fees and al I other costs and expenses incurred as a result of the Default. (b) If any lawsuit is brought in connection with this Lease or the Premises,the non- prevailing party shall pay all attorneys'fees and court costs,through trial and on appeal, incurred by prevailing party not only in the bringing of the lawsuit, but also in the defense.,counterclaim or cross claim of any such action or proceeding. (c) If the non-prevailing party fails to pay any amounts that are due to the prevailing party in accordance with the provisions of this Lease interest shall accrue on the unpaid amounts at the highest legal rate permitted under the laws of the State of Florida from the date due to the date of full payment. 26. NO WAIVER: (a) The failure of Lessor to insist on the performance or observance by Lessee of any one or more conditions or covenants of this Lease shall not be construed as a waiver or relinquishment of the future performance of that covenant or condition, and Lessee's obligation with respect to that future performance shall continue in full force and effect. (b) If the Lessee fails to pay Monthly Gross Rent,Percentage Rent or Additional Rent when due, Lessor may bring suit for termination of the Lease and eviction without the necessity of a demand or written notice of any nature for payment for such Monthly Gross Rent,Percentage Rent or Additional Rent. (c) Furthermore, Lessor does not forfeit or waive any of Lessor's rights by accepting rent payments with knowledge that they are not tendered on time, that the check or negotiable instrument is post dated,or that the check or negotiable instrument is not for the full amount of the payment due under the terms of the Lease,or is issued by someone other than the Lessee,whether the same is negotiated or only an attempt is negotiated. 27. LESSORS PROPERTY: (a) Lessee shall look solely to Lessor's ownership interest in the Property for the satisfaction of any judgment or decree requiring the payment of money by Lessor,or by Lessor's agents, representatives, successors or assigns, to Lessee, or payment to any person claiming by or•through Lessee,in connection with this Lease. (h) No other property or asset of Lessor,real or personal,tangible or intangible,shall be subject to levy, execution or other enforcement procedure for the satisfaction of any such judgment or decree. 28. RADON GAS: Radon is a naturally occurring radioactive gas that.when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. If available, Lessor shall provide Lessee with a copy of any Radon Report issued to Lessor. 29. GENDER: The terms "Lessor' and "Lessee" shall include the singular, the plural, the masculine, the Feminine, the neuter as well as, the heirs, successors, executors, administrators, personal representatives,assigns, wherever and whenever the context so requires or admits. 30. CAPTIONS: (a) The captions of the various paragraphs of this Lease have been inserted for the purpose of convenience only. (b) Captions are not a part of this Lease and shall not be deemed in any manner to modify,explain,enlarge or restrict any of the provisions contained in this Lease, 31. COUNTERPARTS: This Lease has been executed in several counterparts, but all counterparts shall constitute one and the same instrument. 32. FORCE MAJEURE: (a) Lessor does not warrant that any of the services that Lessor may supply will be free from interruption. (b) Lessee acknowledges that any one or more of such services may be suspended by reason of accident,repair, alterations or improvements,by strikes or lockouts,by reason of operation of law, acts or war, terrorism, and bioterrorism, or other causes beyond the reasonable control of Lessor. No such interruption or discontinuance of service shall ever be deemed an eviction or a disturbance of Lessee's use, enjoyment and possession of the Premises or any part thereof, or render Lessor liable to Lessee for damages by abatement or reduction of Annual Gross Rent or any Additional Rent or relieve Lessee from the performance of any of Lessee's obligations under this Lease. 33. ALTERATIONS: (a) Lessor shall have the right, in its sole and absolute possession, at all times, and from time to time throughout the Term,without it constituting an eviction or a breach of the covenant of Quiet Enjoyment to (i) alter, add to, subtract from, or rearrange the location,size,dimensions,and appearance of the Property, including without limitation, the buildings, structures,other improvement areas and facilities,(and their entranceways and exits), and any other parts of the Property, or(ii) temporarily obstruct or close off part or parts of the Property,,for maintenance,repair,or construction,or(iii)relocate or rearrange the position and size of other Lessees' premises,the various buildings,parking areas,and other parts of the Property,or(iv)construct additional buildings,structures,or other improvements and facilities in,or on,the Property,,and the Premises,or adjoining or near the Property,and make alterations and additions thereto, rearrangements thereof, or demolish parts thereof, and build additional floors or stories on any building in the Property, or (v) expand, reduce, or alter the parking area in any manner whatsoever, including,without limitation,the construction of multiple deck,elevated,or underground parking facilities, or(vi)change and add to the risers, plenums,electrical wires, pipes, conduits,and ducts or other structural and nonstructural installations in the Premises and the Property or to facilitate the expansion or alteration of the Property(including,without limitation,the construction and erection of columns and support facilities),or(vii)grant, modify, and terminate easements and other agreements pertaining to the use and operation ol'the Property or any part or it,and (viii)add additional real property to the Property. Lessor shall give Lessee 90 days written notice of its intent to make any of the alterations set forth above,and then Lessee may terminate this lease upon 90 days written notice. (b) Notwithstanding anything contained in this Lease to the contrary, Lessee agrees that(i) Lessor will have no liability as a result of Lessor's exercise of its right under Section 33(a)of this Lease,and(ii)Lessee shall not commence any action or proceeding seeking injunctive or declaratory relief in connection with any of the rights reserved to Lessor under Section 33(a) hereof. If Lessee intends to commence any action or proceedirig, it shall only seek monetary relief, and (iii) if Lessor shall prevail in any action or proceeding taken by Lessee, Lessee shall pay to Lessor,as Additional Rent,a sum equal to all legal fees, costs. and disbursements, incurred by Lessor in any way related to,or arising out of such action or proceeding. (c) Notwithstanding anything contained in this Lease to the contrary, in the event Lessor in its sole discretion determines that the Property requires alteration in all amount equal to or greater that fifty(50)percent of the Square rootage of the Property, Lessor or Lessee will have the absolute right to terminate this Lease with one (1) year's written notice to the other. 34. LESSOR'S LIEN: As further security for the performance of Lessee's obligations under this Lease, and in addition to all other rights provided herein and by law., Lessee hereby grants to Lessor a security interest in all of Lessee's personal property at the Premises as follows, in addition to all other remedies available hereunder,upon the occurrence of an event of default, Lessor shall have the benefit of all remedies provided in the Uniform Commercial Code,as now or hereafter adopted in Florida: (a) For valuable consideration and as security for the payment of rent and other charges reserved or becoming due hereunder, Lessee hereby grants to Lessor a first security interest in the following described collateral: (1) all inventory, equipment and other personalty placed in the Premises during the term of this Lease;and (2) all of the proceeds of said inventory,equipment and personalty. (b) Upon the request of Lessor,Lessee shall execute such Uniform Commercial Code Financing or other Statements as may be required to perfect or maintain such security interest. (c) Said lien shall constitute a first and prior contractual lien and security interest on the collateral(and proceeds there from)that may be placed in the Promises,and also upon all proceeds of any insurance that may accrue to Lessee by reason of the destruction or damage of that collateral. Lessee will not remove that property from the Premises (except in the ordinary course of business) without the prior written consent of Lessor, and until all arrearages in rent have been paid. Lessee waives the benefit of all exemption laws in favor of this lien and security interest. This lien and security interest is given in addition to Lessor's statutory lien and is cumulative with it. Upon the occurrence of an Event of Default,these liens may be foreclosed with or without court proceedings by public or private sale,or through any other manner provided in the UCC- 1 now or hereafter adopted in Florida so long as Lessor gives Lessee at least ten (10) days' notice of the time and place of the sale. Lessor will have the right to become the purchaser if it is the highest bidder at the sale- In addition, at a private sale Lessor will have the right to purchase the property at its fair market value at the time of sale,giving due credit to Lessee in said amount against Lessee's obligations to Lessor. 35. BROKERS: Lessee warrants and represents that there was no broker or agent instrumental in consummating this Lease except Gulfstream Commercial Realty,LLC. This broker will be compensated independently by Lessor. Lessee agrees to indemnify and hold Lessor harmless against any claims for brokerage or other commissions arising by reason of a breach by Lessee of this Section 35. 36- CONSENT TO FORUM AND WAIVER OF JURY,rRIAL: (a) The Lessor and Lessee agree to the jurisdiction of any competent Florida or Federal court sitting in Palm Beach County in any suit,action,or proceeding arising out of or relating to this Lease. Lessee irrevocably waives,to the fullest extent permitted by law,any objection that Lessee may now or hereafter have to the setting of the venue of any such suit,action,or proceeding brought in either of those courts and any claim that any such suit,action,or proceeding brought in either of those courts have been brought in an inconvenient forum. A final judgment in any such suit,action,or proceeding brought in either of those courts shall be conclusive and binding upon the Parties. (b) LESSEE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT LESSEE MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION, INCLUDING WITHOUT LIMITATION, ANY CLAIMS, CROSS- CLAIMS OR THIRD PARTY CLAIMS, ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS LEASE. (c) Lessee certifies that no representative or agent of Lessor or its counsel has represented,expressly or otherwise,that Lessor would not,in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Lessee acknowledges that Lessor has been induced to enter into this Lease by, inter alia, the provisions of this Section. 37. TIME OF THE ESSENCE: Time is of the essence in this agreement. 38. HAZARDOUS WASTE: (a) Lessee warrants and represents that Lessee will, during its occupancy of the Premises,comply with all federal,state and local laws,regulations and ordinances with respect to the use,storage,treatment,disposal or transportation of Hazardous Substances (as defined below). (b) For the purposes of this Section, the term "Hazardous Substances" shall be interpreted broadly to include but not be limited to, substances designated ashazardous under the Resource Conservation and Recover Act,42 U.S.C.§9601,et seq.,the Federal Water Pollution Control Act, 33 U.S.C. §1257, et seq., the Clean Air Act, 42 U.S.C. §2001, et seq., or the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. §9601, et seq., any applicable State law or regulation. The term shall also be interpreted to include but not be limited to any substance which after release into the environment and upon exposure, ingestion, inhalation or assimilation, either directly from the environment or directly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavior abnormalities, cancer and/or genetic abnormalities, and oil and petroleum based derivatives. (c) The provisions of this Section shall be in addition to any other obligations or liabilities Lessee may have to Lessor at law and equity and shall survive termination of this Lease. (d) Lessee shall indemnify and hold Lessor, its shareholders, partners, lenders, employees, or agents harmless from and against any claims, penalties, fines, damages, costs,expenses,liabilities or actions. including but not limited to attorneys' fees and fees for consultants, engineers and other professionals and contractors that arise out of any breach of this Section 38. (e) The indemnities in this Section 38 shall survive the termination of the Lease. 39, NO PAR TNEK$H IF: Nothing contained in this Lease shall constitute or be construed to be or create a partnership,joint venture or any other relationship between Lessor and Lessee other than the relationship of Lessor and tenant. 40. NOTICES: Any notice,request,demand,consent,approval,or other communication required or permitted under this lease must be in writing and will be deemed to have been delivered if(a)personally delivered,in which case,the effective delivery date shall be the date of actual delivery,or(h)sent by facsimile with receipt acknowledged,in which case, the effective delivery date shall likewise be the date of actual delivery, or(c)deposited for next day delivery with any nationally recognized overnight carrier that routinely issues receipts, in which case,the effective delivery date shall be the day after posting,or (d)deposited in any depository regularly maintained by the United States Postal Service, postage prepaid,certified mail,return receipt requested,addressed to the party for whom it is intended at its address set forth herein,in which case,the effective delivery date shall be the fifth(Sr")day after posting. Either Lessor or Lessee may add additional addresses or change its address for purposes of receipt of any such communication by giving ten (10)days prior written notice of such change to the other party in the manner prescribed in this lease. Lessor: 209 N.Federal,LLC c/o Gulfstream Property Management,LLC 9804 S.Military Trail,Suite E I I Boynton Beach,FL 33436 Lessee: The Boardwalk Italian Ice&Creamery,LLC c/o Joseph Hurtuk 1401 Estuary Trail Delray Beach,FL 33483 Attention: Joseph Hurtuk 41 ENTIRE AGREEMENT: .................. ---------__-----------_ (a) All understandings and agreements,whether in writing or verbal between Lessor and Lessee are merged into this Lease which fully expresses their agreement. (b) Lessee has not relied upon any representation not embodied in this Lease. (c) This Lease may be modified only by an agreement in writing signed by both Lessor and Lessee. (d) No offer of surrender of the Premises by Lessee shall be binding unless accepted in writing by Lessor_ (e) Lessee acknowledges that this Lease has been freely negotiated by both parties-, and that, in any controversy or contest over the meaning, interpretation, validity or enforceability of this Lease or any of its terms or conditions,there shall be no inference, presumption,or conclusion drawn whatsoever against either party by virtue of that party having drafted this Lease or any portion thereof. 42. BENEFITS AND,BINDING EFFECT: (a) This Lease shall be binding upon and inure to the benefit of the heirs, legal representatives and successors of Lessor and Lessee, and the assigns of Lessor and permitted assigns of Lessee. (b) This Lease shall be construed and enforced in accordance with the laws of the State of Florida. (c) Venue for any litigation that may arise in connection with this Lease,the Property or the Premises shall be in the county wherein the Premises are located. (d) If Lessee is composed of more than one signatory,be it a natural person or legal entity,each signatory shall be jointly and severally liable for each and every term and condition of this Lease. 41 SEVERA0111LITY: If any covenant or provision of this Lease,or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Lease or the application of such covenant or provision to persons or circumstances(other than those as to which it is held invalid or unenforceable)shall not be affected thereby, and each and every other such covenant and provision of this Lease or portion thereof shall be valid and be enforced to the fullest extent permitted by law. 44. NON-DISCLOSURE OF TERMS: (a) Lessee covenants and represents that Lessee has not and shall not disclose the economic terms contained in this Lease to any other tenant of the Property or person. (b) Lessee acknowledges that such disclosure will result in a material injury to Lessor's business and adversely affect the Lessor's ability to negotiate leases with other lessees and prospective lessees of the Property. (r) Lessee shall be liable for all damages, both direct and consequential damages arising from a breach of this Section 44. 45. RECORDING: Lessee shall not record this Lease or any memorandum or other evidence thereof, or any document which refers to the Premises, Furthermore,Lessee's recordation of this Lease or memorandum or short form of it will be void and a default under this Lease. 46. ABANDONMENT AND PERSONAL PROPERTY: Lessee shall not vacate or abandon the Premises at any time during the Term,or surrender possession of said Premises,or be dispossessed by process or law. If any of the foregoing shall occur, same shall be an Event of Default tinder this Lease and Lessor shall be entitled to all remedies at law and equity. Any personal property belonging to Lessee left on the Premises shall,at the option of Lessor,be deemed to be abandoned and title thereto shall thereupon pass to Lessor as by a bill of sale without notice,payment,or credit of any kind, but Lessee shall remain responsible for the cost and expense of removal,storage,and/or disposal of such property,as well as any damage caused by such removal, storage, and/or disposal. Under no circumstance shall Lessor be liable or responsible for the removal, storage, disposal, value, preservation, safekeeping, and/or disposition of any of Lessee's property, with same being hereby expressly waived by Lessee. IN WITNESS WHEREOF, the parties have executed, or caused to be executed this Lease in duplicate as the day and year above written. LESSOR:209 N.Federal,LLC �Y: N A By: (Witness to Lessor) PriM Name-,F,Davis Camalipr Titl�: LESSEE: The Boardwalk Italian Ice & Creamery..LLC (Witness to Lessee) Print Name: .1rdftwicA All-?4uh(i Title: V A LESSEE'S WORK RIDER Lessor hereby grants to Lessee, an allowance of up to Twenty Thousand Dollars ($20,000.00) ("Lessee's Allowances"). 'rhe Lessee's Allowances shall be provided in order to help Lessee finance the cost of building out and upgrading the Premises, including, without limitation, plumbing,electrical, HVAC, painting,flooring,architectural,engineering and design (the "Improvements"), however, no portion of the Lessee's Allowance may be used towards furniture,computers,business equipment,personal property or any other aspect of the Premises. Upon receiving written request from Lessee, within 30 calendar days, Lessor shall reimburse Lessee up to $20,000.00, for the out-of-pocket expenses incurred by Lessee in perfon-ning the Improvements, provided (i) such request is accompanied by a copy of the invoices or draw schedules for such expenses marked"paid" by the general contractor or other vendor; (ii) copies of all draw schedules, contracts, bills, vouchers, change orders, cancelled checks and other information relating to the expenses for which reimbursement is being sought as may be requested by the Lessor;(iii)with respect to work and materials for which payment is requested.,such work and materials have been physically incorporated into the Premises,free of any security interest, lien or encumbrance fully in accordance with the Lease and with appropriate lien waivers having been delivered to Lessor; (iv) Lessee delivers notice to Lessor that Lessee has obtained a certificate of occupancy for the Premises from the local governmental authority and Lessee has opened for business to the public;and(vi)Lessee tenders to Lessor the first Monthly Gross Rent and any Additional Rent payment due under the Lease and no default shall then exist under the Lease(as amended hereby)beyond any applicable notice and/or cure period.If Lessor shall fail to timely pay the Lessee's Allowance to Lessee,then Lessee can offset Rent until such amount is reduced to$0.00. Lessee shall not make any alterations, additions or improvements (collectively, "Alterations"and sometimes hereinafter also referred to as"Improvements or Work") in and to the Premises,without Lessor's prior written consent. Notwithstanding the forgoing, Lessee has prepared final working drawings of all improvements to be installed in and to the Premises and delivered the same to Lessor for its review and approval. Such working drawings have been approved by Lessor and have been incorporated into the attached Exhibit"A", The cost of all Work shall be at Lessee's expense. Lessee shall fulfill all of the following conditions at Lessee's expense prior to commencement of any Work: (a) Lessee shall submit to Lessor a certification from a licensed engineer or architect as to the estimated aggregate cost involved;(b)Lessee shall submit to Lessor for its approval plans and specifications in detail reasonably satisfactory to Lessor as well as a certification from Lessee's licensed engineer or architect that none or the proposed work shall adversely affect the structure of the Building or the Property or its service systems(including,without limitation,the water,electric,heating,air conditioning and plumbing systems); (c) Lessee shall deliver to Lessor proof reasonably satisfactory to Lessor that Lessee and its contractor(s) have obtained the following insurance coverage in connection with the work: special form builder's risk insurance in the amount of the replacement cost of the improvements to the Premises minimum$1,000,000 commercial general liability per occurrence, $2,000,000 aggregate; $1,000,000 property damage liability; worker's compensation and employee's liability coverage covering all employees of the contractor(s) and any subcontractor(s), and if contractor is doing design work Design/Build Liability Insurance with limits not less than the amount necessary to redo contractor's work with insurance carrier(s)that meet with Lessor's reasonable approval,naming Lessor and such others as Lessor may designate additional insureds, with the broadest possible coverage with no change or termination of any coverage to be effective without at least ten (l 0)days prior written notice from the carrier(s)to Lessor; and (d) Lessee shall deliver to Lessor copies of all requisite permits, approvals and certificates. Lessee shall not make any alterations or additions to the Premises, install special electrical,plumbing,maintenance or other special services or equipment,or alter the appearance of the exterior of the Property, or install any high voltage or amperage electrical equipment or plumbing apparatus in the Premises,without the written consent of Lessor. Lessee shall pay for all installation costs and all expenses incurred in connection with Lessee's use of special services and equipment. Upon completion, Lessee shall deliver such lien waivers, satisfactions, final contractor's affidavits and Termination of Notice of Commencement as Lessor may request together with as- built drawings and a list and description of all work performed by the Contractor. No amendments or additions to Lessee's plans and specifications shall be made without Lessor's prior written consent. The standards of quality, utility and appearance of the proposed alterations shall conform to the then standards for the Property. All work shall be done in accordance with the plans specifications in a good and workmanlike manner, in compliance with this Lease,the advice of all insurance bodies, and all applicable laws, codes, ordinances, rules and regulations then in effect, and with the least possible disturbance to other occupants of the Property. Lessee will reimburse Lessor upon demand, as Additional Rent, for any expenses incurred on account of Lessee's failure to comply with any of the foregoing. Lessee shall promptly pay all costs and expenses of such alterations and shall not do or fail to do any act which may render the Property,the Premises or any property in the Premises liable to any construction lien or other lien, chattel mortgage, conditional bill of sale, title retention agreement or other charge,and if any of the same be filed,Lessee,at its expense,shall remove the same of record within ten(10)days after notice of such filing. Lessee agrees to indemnify and save Lessor harmless against all claims,attorneys'fees through appellate level including attorneys' fees incurred in the enforcement of these provisions, whatsoever by reason of any liens, chattel mortgages, conditional bills of sale, title retention agreements or other charges of any kind which may be incurred by or become chargeable against Lessor,the Property.the Premises or any property in the Premises,by reason of any work done, or claimed to have been done,or any materials furnished or claimed to have been furnished to the Premises in connection with Alterations. At all times during the making of Alterations, Lessor shall be entitled to have its representatives present on the site for inspection purposes and the representatives shall have unrestricted access to all parts of the Premises. Such presence and/or inspection,however,shall not impose any obligation whatsoever on Lessor or its representatives nor render Lessor or its representatives liable in any way for improper work or faulty materials. Lessee will not,either directly or indirectly, use any contractors, labor or materials if such use might create difficulty with other labor then engaged by Lessee, Lessor or others in the construction, operation or maintenance of the Property or any part thereof. Lessor makes no representations as to the design, feasibility or efficiency of Lessee's work, or whether Lessee will be able to obtain the required permits, approvals and certificates therefore. If the operation of the Property or any of its equipment, in Lessor's reasonable judgment, is in any way adversely affected by reason of Lessee's work, Lessee, at its expense, shall promptly remove the cause thereof. The Premises shall not be liable for or subject to any mechanic's, materialmen's, or laborer's liens for improvements or work made by or for Lessee, whether or not it is made or done in accordance with any agreement between Lessor and Lessee. All persons dealing with Lessee shall be placed upon notice of this provision. If such a lien is filed or threatened to be filed,it shall be deemed a Default under the terms of the Lease. If any mechanic's lien or other lien, or order for the payment or money, should be filed against the Premises,or any improvements thereon,by reason of any work-alleged to have been done by or for Lessee, then Lessee, within thirty(30)days after receipt of notice thereof from Lessor, shall cause the same to be discharged of record, by use of bond or otherwise, at the election and expense of Lessee. In any action,suit or proceeding which may be brought for the enforcement of any such lien or order.Lessee must indemnify and hold harmless Lessor from all costs, damages, suits and liabilities, including but not limited to attorneys' fees incurred in the enforcement of this indemnity. If Lessee does not remove any mechanic's lien or other lien,or order for the payment of money, filed against the Premises, or any improvements thereon, within thirty (30) days after notice from Lessor, Lessor will have the right to remove same by any method elected by Lessor, including through bonding, and all sums expended by Lessor for such removal, including attorney's fees, shall be paid by Lessee to Lessor on demand and shall be deemed Additional Rent. Lessee shall also pay rive percent (5%) of the amount expended to cover Lessor's administration to effect the removal. Lessor's consent herein shall not be deemed to constitute any consent or permission to do anything which may create or be the basis of any lien or charge against the interests of Lessor in the Premises or the Property. At any time as requested by Lessor, Lessee will, at Lessee's expense, and as Lessor requires, provide and furnish to Lessor either: (a) waivers of lien satisfactory to Lessor;(b)bonds or other assurances in amounts satisfactory to Lessor covering the costs of the work to be performed by Lessee; or(c) other forms of protection against any such liens or encumbrances which may be filed. Lessee shall secure the release and/or discharge of any claim alleged to constitute such lien or encumbrance, and will hold Lessor and its managing agent harmless and indemnify against the same. Lessee shall give written notice to each contractor of the provisions of this paragraph,consistent with F.S. §713. Lessee hereby agrees to indemnify, defend and save and hold harmless Lessor and its managing agent and employees from and against any and all suits,claims,actions, losses,costs, liabilities or expenses(including without limitation claims for worker's compensation)based on personal injury or property damage caused in the performance of the work by Lessee, Lessee's Agents or contractors engaged by Lessee. Lessee will repair or replace, or at Lessor's election reimburse Lessor for the cost of repairing or replacing,any portion of the Property,Premises or item of its equipment,or any of Lessor's real or personal property damaged by Lessee's Work,or which was lost or destroyed in the performance of the Work. Lessee will remedy at Lessee's own expense all defects in all such work, whether the same shall affect the Premises in particular or any parts of the Property in general. In performing the work,Lessee, Lessee's Agents,and contractors shall not interfere with any work to be done by Lessor, Lessor's employees or contractors or by any other lessee, its employees or contractors. All work is to be performed Monday through Saturday. Any work to be performed at other times shall be performed only after obtaining the written consent of Lessor. All electrical and power panel balancing shall be maintained during the entire period of Work. All core drilling and concrete cutting shall be performed only between the hours 6:00 a.m.and 6:00 p.m. If any shutdown of plumbing, electrical or air conditioning equipment becomes necessary, Lessee shall notify Lessor and Lessor will determine in its sole and absolute discretion when such shutdown may be made,and any such shutdown shall be done only when an agent or employee of Lessor is present. Lessee will reimburse Lessor for the expense of any such employee or agent. Lessor is under no duty to proceed with any shutdown regardless of Lessee necessity. Lessee shall provide for and pay all costs and expenses of cleaning the work area and any cleanup required in adjacent areas as a result of the Work. Any noise complaints by other lessees shall be remedied immediately or the Work shall cease until said noise is abated. Lessor will not be responsible for the maintenance or the balancing of any air conditioning system or maintenance of the electrical or plumbing work installed by Lessee's contractors, nor for maintenance of lighting fixtures, partitions, doors, hardware, or any other installations. Any hardware, light fixtures, or any air conditioning installations now installed in the Premises which Lessee may upon written consent and approval of Lessor, remove and not reinstall,shall,be stored or disposed of by Lessee as directed by Lessor. The provisions herein are for the benefit of Lessor and Lessee only,and no other person, including,without limitation,other lessees of the Property,shall be entitled to benefit thereby. All Lessee improvements which are affixed to the real estate shall become the property of Lessor at the termination of the Lease, unless Lessor requests Lessee to remove the improvements,in which event Lessee shall do so prior to the termination of the Lease and repair the damage caused by installation or removal,all at Lessee's expenses. Nothing contained herein or by reason of Lessor's consent to Lessee's Work shall be construed to be certification that the Work complies with any State,local or federal requirements or that the design,materials,specifications or equipment is appropriate for its intended purpose or otherwise deemed to make Lessor liable for any defects of any nature nor be deemed to make Lessor a joint venturer with Lessee. LESSOR'S WORK RIDER Lessor's sole obligation with respect to work to be done is to do the following work at Lessor's expense: Lessor has no obligation to perform any work at,on or to the Property,the Building or Premises. EXTENSION RIDER Provided Lessee is not in default either at the time Lessee exercises Lessee's option to extend the Term or Extended Tenn of this Lease or at the time an Extended Term commences, Lessee will have the option to extend the Term in accordance with Section I(a), Basic Lease Information on the same terms, covenants, and conditions of this Lease, except as modified by the terms and conditions of this lease. Lessee will exercise its option,if at all,by giving Lessor written notice("Option Notice") by the date set forth in the Basic Lease Information. Unless Lessor receives the Option Notice in accordance with the provisions of this Rider and the Basic Lease Information, Lessee shall be deemed conclusively to have waived the right to exercise such option and said right shall be null and void. Time is of the essence. Notwithstanding anything to the contrary, in the event Lessee is in default or has ever been in default under the terms of this Lease during Lessee's tenancy,this Extension Rider shall automatically without further documentation become null and void and of no further force and effect. GUARANITY In consideration of and as an inducement for the grantin'U. ecutioll aced delivery`of that certain lease made and -entered into as of the --"gZ day, of 10 15 ("Lease") by 209 N, Federal, LLC, ("Lessor")and The Boardwalk Italian ice & Creamery, JA-C ("Lessec"). and in further consideration of the suin of Ter Dollars ($10.00) and other good and valuable consideration paid by I-cqsor to the undersigned, the receipt and sufficiency thereof being nititually acknowledged, the undersiuned hereby absolutely and unconditionally guarantees to Lessor throughout the first thirty months following Lease Rent Courlifieutcernent Date: (a)the full and prompt payment of the Annual Gross Rent, Percentage Rent, Additional Rent and any and all other warns payable by Lessee under the Lease; and (b} ) the dull and timely perfbi-mance kind observance of all terms and conditions.hlClUdifll,but neat limited it)the,Rules and Regulations,to be performed and observed bv Lessee under the Lease,and Life undersi=ned herchy agrees that if default shall at any time be made in(i)the payment i-A'any Annual(iross Rent, Peiventage Rent, Additional Rent or other starers payable under the Lease,or(if)the performance and observance of any of the ternis and conditions contained in the Lease, the undersigned shall forthwith pay such Xmival brass Refit.Percentage Rent,AdditionM Rent or other suras(avid any arrears of any of the same)to Le!;sor and shall forthwith perl'or-n end filiffiii all of'such terms and conditions of' the Leasee and shall fi)rllovith pay to Lessor all daniages that may arise in conseclLrence ofany default by Lessee under the, Lease, including (widicitit limitation) fill attorneys' fees ark'([ d i sburserric sits incurred by Lessor in conneefion with any such def-aUft in connection with the enforcement ol"this Guaranty,vwhefher of-not sun be brought(arid if suit be bronght,through all appellate aclit"is and proeedhlgs,if amyl. niis Guaranty is an absolute and unconditional 613aranty of payinent and ol'perfort-nance. It shall be criforced)ie bv Lessor, its legal representatives, succusans or assigns against Elie undersigned, the heirs. le-al or pa -sonal representatives. SuWcessUrs Or assigns of the undersigned, as the cuse may be, "ridlotnt the necessity for any suit or proccedin.-S whatsoever having first been brought against Lessee, and withutit the necessity of arly notice of non-paymern, non-performance,or a ori-observa nee or-any notice of acceptance of this Guarino, or of any other notice or demand lu vvIiielf the undersigned might.oher%visc be entitled, all of which [lie undersigned hereby cxpresslk, waives. and the undersigned expressly agrees that the validity of this guaranty ami the obligations of the undersigned hereunder shall in no l-vay be terinniawd,aMeCLed. diadrii-shed or impaired by mason of the Lessor's asseition,or the ti ilulle to assert,against Lessee ally ofthe rights or remedies reserved to Lessor pursuant in the provisions Cif the Lease,car anv fact,;or circumstances arising there from (hiciudme, without limitation,the release of Lcssccs Hibiliv, under the Lease purNuoull to any%nnute or court decision). This Guaruiay -;hall lie a confinuirig Guaranty, and the liatnlfty Of the uneler%Jgoed hUreUnder shall sn no %xvaY he aflMed, nwdified or diminished by reason of any assignment. subletting. rencwaL modification of,extension of the Lease or by reason of any niodificatimi or waiver of or change in nrry of the terms or vcmdifions of thc Loase or by reason of any extension of time, that may be granted to Lessee, or by reason of any dealings or IrrinsaefsoriN or(iihm matlens or things occurring between Lessor and i-essee,whethcr or not notice thereof is given to the ondershyeed. Ifthe undersigned Shall be mcwc than one person or entity.the liability ofall thein under this Guaranty Mull in all respects he pint arld several. This GuitiranTv co%-n-s all obligations and liabilities of Lessee under the[crins of the Lease Purporting to be made on behalf of h-X LX%See by:any= or l"rnmer of LeSSM WilhOUt regard to tile actual andlorhy of such agent or mernber its hind Ixs�.qee and%+vfthotrt reWard to the capacity or Lessee or whether the organization or chance of Lessee is in any way c1cfective. Unul all such obligations anti liabilities of GUarintor to Lessor have been paid in full, (Juarantor shall have no right of subrogation and hereby Nvaives any ridl it In enforce any rernedy which Lessor nov., luv,esr inav hereafter have againsr Lessee and any benefit of.and airy,.right to participate in,any collateral no,v%-or licreaftcr held by•Lesson All of Lessor's rights and rentedies under the lease used under this Omanimy are intended to lie diMinct,Neparate and curriukitive and nosuch right and remedy therein or herein mentioned is into to be in exclusion of or to waiver ofany of the others_ Asa Further inducement Lessor to make and enter into the Lease and in consideration thereof,the undersigned agrees that in any action or proceeding brought on,under or by virtue of this Guaranty,the undersigned shall and does hereby knowingly,voluntarily and intentionally waives trial by jury in respect of any litigation based hereon or arising out, under or in connection with this Guaranty, and the undersigned agrees that the applicable courts of Florida will have jurisdiction over the undersigned and venue for any such proceeding shall like in Palm Beach County, Florida and that the undersigned waives any objection that said county shall be an inconvenient forum. This Guaranty shall bind and inure to the benefit of Lessor, its successors and assigns, and any transferee of this Guaranty and likewise shall bind and inure to the benefit of Guarantor, the heirs, executors, administrators, 'personal representatives, estates, successors and assigns of the Guarantor. This agreement and its performance, interpretation and enforcement shall in all respects be governed by the laws of the State of Florida. Guarantor irrevocably submits to the jurisdiction of any competent Florida or Federal court sitting in Palm Beach County in any suit, action,or proceeding arising out of or relating to this Lease.Guarantor irrevocably waives,to the fullest extent permitted by law, any objection that Guarantor may now or hereafter have to the setting of the venue of any such suit,action,or proceeding brought in either of those courts and any claim that any such suit, action, or proceeding brought in either of those courts have been brought in an inconvenient forum. A final judgment in any such suit, action, or proceeding brought in either of those courts shall be conclusive and binding upon Guarantor. Guarantor waives any and all privilege and rights that Guarantor may have under state statute,relating to venue,as it now exists or may hereafter be amended.If any legal action or actions are instituted by Lessor to enforce any of its rights against Guarantor hereunder,then Guarantor agrees to pay Lessor all expenses incurred by Lessor relative to such legal action or actions,including,but not limited to,court costs plus all attorney's fees through trial and appellate level incurred by Lessor. Guarantor represents and warrants that the financial statements, if any that have been delivered to Lessor arc true and complete and represent the financial condition of Guarantor and that there are no matters which would adversely affect the Guarantor or their financial condition. Guarantor represents and warrants that Guarantor received valuable consideration as a result of the execution and delivery of the Lease. Guarantor's execution of this Guaranty was not based upon any facts or materials provided by Lessor nor was Guarantor induced to execute this Guaranty by any representation, statement or analysis made by Lessor. Guarantor acknowledges and agrees that Guarantor assumes sole responsibility for independently obtaining any information or reports deemed advisable by Guarantor with regard to Lessee or any other guarantor. and Guarantor agrees to rely solely on the information or reports so obtained in reaching any decision to execute or not to terminate this Guaranty. Guarantor acknowledges and agrees that Lessor is and shall be under no obligation now or in the future to furnish any information to Guarantor concerning Lessee, the Liabilities or any other guarantor,and that Lessor does not and shall not be deemed in the future towarrant the accuracy of any information or representation concerning the Lessee, any Guarantor or any other person or legal entity which may induce the Guarantor to execute or not to terminate this Guaranty, Guarantor has read, understands, and agrees to the provisions of this Guaranty and the Lease and has executed this Guaranty voluntarily, under seal, with fit[[ authority and with the intent to be legally bound by its terms,corylifii�ns,-and obligations of this Guarant,,,,, Dated: /JP, &/o- -:.o '71 '6tarantor: Joseph M.RIi4til ' Birth Date: 7/13/45 Address: 1401 Estuary Trail Drivers License:H632-493-45-253-0 Delray Beach,FL 33483 Dated: vua"antor: Barbara A.I`tirtuk SS#:158-34-5686 Birth Date: 12/31/45 Address: 1401 Estuary Trail Drivers License:H632-061-45-971-0 Delray Beach,FL 33483 Dated: e � �. ._._. ., � t� n 6 a� i°. §!% . t fa F.n.'u�4 . z� d {o. "� v. „. $. l Pua � fl i,q, t � Q r �Y. .� .sib` .a... n �?e, ;�. _ ;a � a ,# 4 t§ e .. :dt s. :E, �.3 .� w. .., '�. _ ¢ b m i E, s°.� tlu.»7�`�t�.`ems „. JY y�,,,� ,.® jg/8 p� Afi� �m , yy,,��ss ..t � i r A � 6 ° Guarantor.�dichaael SwainSS :,� L: cl-P.3 Birth Date: 1—z'1 Address: rL Drivers License Number: 44, q 9.3Ve3 Dated- 2/ '(a� °Steyr:;ih 3a°4.Hur uk III s #: 10— ' — f3ia�th[.datcese: 1'1'jPAO Address: 44��, r I (_Drivers License Number:Ar�MSS'!� Dated: Graaararle—11—urtuk SS#: Birth[)ars: Address: Drivers License Number: RULES AND REGULATIONS (1) All loading and unloading of goods shall be done only at such times,and in the areas,and through the entrances.designated for those purposes by Lessor. (2) The delivery or shipping of merchandise, supplies and fixtures to and from the Premises shall be subject to such rules and regulations as in the judgment of Lessor are necessary for the proper operation of the leased Premises or Property. (3) All garbage and refuse shall be kept in the kind of container specified by Lessor, and shall be placed outside of the Premises prepared for collection in the manner and at the times and places specified by Lessor. If Lessor shall provide or designate a service for picking up refuse and garbage,Lessee shall use the same at Lessee's cost. Lessee shall pay the cost of removal of any of Lessee's refuse or rubbish. (4) No radio or television or other similar device shall be installed without first obtaining in each instance Lessor's written consent. No aerial shall be erected on the roof or exterior walls of the Premises, or an the grounds,without in each instance,the written consent of Lessor. Any aerial so installed without such written consent shall be subject to removal without notice at any time. (5) No loud speakers, televisions, phonographs, radios or other devices shall be used in a manner so as to be heard or seen outside of the Premises without the prior written consent of Lessor. (6) If the Premises are equipped with heating facilities separate from those in the remainder of the Property, Lessee shall keep the Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. (7) The outside areas immediately adjoining the Premises shall be kept clean and free from dirt and rubbish by Lessee to the satisfaction of Lessor,and Lessee shall not place or permit any obstructions or merchandise in such areas. (8) The plumbing facilities shall not be used for any other purpose than that for which they are constructed, and no foreign substance of any kind shall be thrown therein. The expense of any breakage,stoppage,or damage resulting from a violation of this provision shall be borne by Lessee,whether the problem was caused by Lessee,its employees,agents or invitees. (9) Lessee shall not burn any trash or garbage of any kind in or about the Premises, the Property. (10) Lessee shall not be allowed to display merchandise, place signs, tables, chairs or any other items on the sidewalk or outside the Premises without prior written approval from Lessor. SIGN RIDER To provide for an aesthetica) pleasing appearance compatible with the architectural design of the Property, the following signage standards have been developed. These criteria have been carefully drawn to provide adequate and equitable exposure for Lessee's merchandising purposes, while providing the visual continuity and high level of appearance conducive to success in the market place. To ensure compliance with the criteria, the Lessor reserves the right to review all proposed sign criteria and to require revision of any sign designs which the Lessor judges not to comply. The Lessee shall submit scaled drawings to the Lessor or Lessor's designated consultant or agent for this purpose. Lessor reserves the final right to interpret these standards and to approve all signs and graphics at the Property. General Criteria 1. Those stores designated by the Lessor as "anchor stores" shall be permitted the identification as is shown on their respective drawings. 2. Prohibited Signs and Devices, The following are prohibited: A.Flashing lights and animated signs B.Exposed neon or other unshielded illumination. C.Audible devices D,Box type signs E.Applied plaque signs or painted wall signs. F.Vacuum formed letters,Styrofoam or Gatorfoam letters. G.Any other signs deemed objectionable by the Lessor, 3. The quantity, location, construction and appearance of all exterior signage shall be as set forth in these guidelines. 4. In cases of conflict with the local ordinance,the local ordinance shall prevail and these criteria shall be modified only as needed to achieve compliance. The spirit and intent of these standards shall be followed in such cases to the extent possible. 5. Lessor's approval is required prior to Lessee filing an application to the building department for a sign pen-nit. Primp x,. Lessee Identification All lessees other than those designated as an "anchor store" or "prime lessee" shall comply with the following standards: I. Only one sign per each rental space is permitted on the facia, sign band or building facade. 2. The one permitted sign is limited to the trade name only or may be a descriptive word or phrase such as "Law Office" or "Stationers," Advertising copy such as "Shoes for the Family"is not permitted. 3. One line of copy is permitted. 4. Signs shall consist of individual channel letters illuminated with single or double tube 15mm neon. Construction shall be .040-gauge aluminum with 1/8" translucent acrylic faces. Retainers shall be ofjewelite bonding. Returns to be 4 V2"deep. 5. All individual letters shall be mounted flush to the facia, then centered on the storefront as required. All wiring and transformers are to be concealed. 6. Letter size shall be,as Lessor shall request. Lessee acknowledges that generally the minimum size will be 18"in height. Only upper case Helvetica letter style is permitted. 7. The length of the sign is restricted to eight (80) percent of the length of the storefront. 8. Logos, symbols of trademarks are not permitted except where the Lessor determines that such logo is an essential part of the Lessee's identity or is a nationally recognized trademark. If permitted, the logo shall immediately follow or precede the Lessee's name and shall not exceed the height of the permitted capital letter. The logo shall be included in calculating the total sign area. 9. Upon removal of the sign, the Lessee shall. restore the facia to its original condition at Lessee's own expense and to the satisfaction and approval of the Lessor. The sign shall be removed when vacating the Premises. 10. Lessee shall,at Lessee's sole expense,install within thirty(30)days from the date Lessee opens for business an exterior sign, in keeping with the foregoing, in a location on the fagade as designated by Lessor that will advertise Lessee's name or type of business. In addition, if the Property has under canopy signage or signs in planters or other locations that is uniformly chosen by the Lessor,Lessee will be required to install such sign as required by Lessor within a reasonable time period not to exceed ninety (90) days. If there is no such signage as of the Commencement Date, but Lessor elects to have such signage or signs in planters at any time during the Term of this Lease then Lessee shall install the signage within a reasonable time period not to exceed ninety(90)days. I I. No signs, banners,placards or other advertising shall be permitted in,on or about the Premises except with the prior written consent of Lessor,in Lessor's sole discretion. 12. All signs shall comply with all local regulations as well as the Sign Rider. 13. Lessee shall, at Lessee's expense, maintain any sign, canopy, prior decoration, lettering or advertising matter as approved by Lessor,in good condition and repair, RESTAURANT RIDER Lessee shall use the Premises in a first class manner and shall maintain the Premises in accordance with all laws, regulations,codes, licenses, permits and approvals issued or required by State,Federal or Local municipal government agencies having jurisdiction thereof,as well as comply with all obligations imposed by insurance carriers insuring the Premises and the Property. Lessee is prohibited from: (I)serving alcoholic beverages to customers who are not dining at the Premises, and(ii)operating the Premises,or any portion thereof,as a primary use that is a nightclub,tavern,or cocktail lounge and(iii)eliminating food service from the Premises and serving only alcoholic beverages,unless Lessee has written consent from Lessor,which may be withheld in Lessor's sole discretion. In addition to the forgoing,and not by way of limitation,should Lessee's permitted use require any of the following, Lessee shall,at its sole expense and after compliance with Lessees Work Rider: 1. Be solely responsible for maintaining trash receptacles in an area designated by Lessor, which shall be kept clean at all times. All trash shall be removed on a regular basis and appropriate pest control shall be maintained;and 2. Install and maintain a UL Listed G2 Grease Guard Rooftop Defense Systems(or similar product as is approved in writing by Lessor)on the roof of the Premises around the entire exhaust fan or fans,by a contractor or contractors approved in writing by Lessor. 3. If alcoholic beverages are served, maintain liquor liability insurance in such amounts, form and type of coverage as Lessor shall request in its sole discretion, naming Lessor and Gulfstream Property Management as additional insureds on a primary basis. 4. If Lessee prepares food in the Premises,Lessee shall install repair,maintain and replace as necessary,a fire extinguishing system and grease filters within the hood and duct of the cooking facility which satisfies the requirements now and hereafter established by municipal codes and Lessor's property insurer and to provide Lessor with appropriate documentation evidencing that this system has been installed. Lessee acknowledges that grease can damage the roof. Therefore, Lessee shall regularly clean and maintain the cooking exhaust system and ductwork, consistent with industry standards and manufacturers recommendations in order to avoid offensive odors and to prevent damage to the roof, Additionally.Lessee shall install and maintain and replace as necessary any additional equipment necessary to protect Lessor's roof system from grease(e.g. a sand pan). 5. Lessee shall install, repair, maintain and replace, as necessary grease traps immediately outside the Premises connecting all lines from the Premises to the mains itary branch. The grease traps shall be installed in compliance with all local laws and regulations. Any upgrading to the sanitary or sewer lines necessitated by the installation of the grease traps shall be performed at Lessee's expense, Lessee shall restore any parking or landscape area disturbed in connection with the installation of these traps to a condition equal to that existing prior to the work, Maintain a monthly service contract from a licensed contractor for the maintenance and repair of a grease trap.. 6. LIVE ENTERTAINMENT - Lessee agrees that all Forms of signage, entertainment, special events and music (including ambient music and outside speakers) that will be used in or relating to the Premises shall require Lessor's prior written approval. Lessee shall not permit any loud music or other sounds to emanate from, or occur at the Premises,and shall not use any speakers,televisions or other devices in a manner so as to be heard or seen outside of the Premises. All music must be limited to the inside of the Premises and shall never exceed the level permitted by local city ordinance- If such entertainment and music (including ambient music and outside speakers)are deemed at any time to be too loud in Lessor's sole discretion,upon notice from Lessor or its agents, Lessee shall Forthwith cause to cease or reduce such entertainment and music(including ambient music and outside speakers), SITE PLAN �t k301 £ t 4�{� l d "a�� �� lei t�1�Yt y i L 4 � i V 1 RELOCATION RIDER w � u k. `; t1 _ C � A V 11 l ��, , EXHIBIT A-IMPROVEMENTS Counters $ 3,800.00 Plumbing $ 1,279.00 Exterior/Interior Paint and Floor Install $ 4,500.00 Flooring $ 229.89 Landscaping $ 5,640.00 Project Total $ 15,448.89 50%CRA Reimbursement $ 7,724.45 20%Contingency $ 1,544.89 Total Grant Request $ 9,269.33 STIESPR NOE, 561-727-4772 561-729-8939 FAX: 561-640-3541 INVOICE Customer~: P DecZZ Date : 10�a a "� Address: d d C/ � City: 6oYAl7 � � , FL `3' v '—State : FL Zip Code: Phone : Fax Cabinet : V-4 A, Granite: 1 Illy 1 n' Finish l :Edge �-Fk r l J\l ND 0 Z, Undermount Sink : Yes No Back Splash : Depost : �` (rj� Balance BALANCE TOTAL : , -23 1 L L Terms :A 50%deposit is due at the time of signing to hold material and commence fabrication.Balance is due upon job completion.Granite and Marble are natural stones and therefore may have variations in color, shading, texture and markings.No plumbing or electrical are included. f Signature . Date Cleary Plumbing, Inc. Invoice 9850410 1011 8th Ave South Invoice Date 11/2/2020 iLake Worth, FL 33460 " ! 0 561-790-1956 Completed Date G- www.ClearyPlumbing.com Technician Matt v Customer PO Billing Address Job Address Hurtuk,Joe Hurtuk,Joe 209 North Federal Highway 209 North Federal Highway Boynton Beach,FL 33435 USA Boynton Beach,FL 33435 USA Description of Work Returned and installed hose bib and basket trainer. Must return for other misc work Monday.Also special ordered fittings for kitchen faucet 5-7 business days. Returned Monday and completed Owner supplied material installs. Installed owner supplied stainless steel hand washing sink with faucet, also installed faucet behind counter. Tested all work throughly with no leaks present. Owner has paid in full and owes $0 remaining balance. Task# Description Quantity Your Price Your Total Kitchen Dual Stop Install Services Included:(Per Dual Stop) 1.00 $215.00 $215.00 Shutting Off Water to Home.Draining Water From Lines.Install New 1/4 Turn Dual Stop For Either Dishwasher,Ice Line,Filter or Insta-Hot. We Will Test Work In Front of Customer When Done. Terms: • We Are Not Responsible For Any of The Other Parts Not Replaced By Cleary Plumbing.We Always Suggest to Replace Everything If It is The Same Age of The Part Being Replaced/Fixed Food For Thought! • This is a Good Time to Change Out Any Other Shut Off Valves That Are The Same Age(Add On Pricing) • If You Have a Gate Valve For Your Main Shut Off Valve,We Would Recommend Changing it Hose Bib Install Service Includes: 1.00 $205.00 $205.00 Removing Of Existing Hose Bib and Installing New Lead Free Hose Bib. We Will Test Work in Front of Customer When Done Cleary Makes Sure You Are Safe! We Also Install a Vacuum Breaker On Every Hose Bib to Protect Your Water From Possible Back Siphon-age. By Code It Is Required Also! Terms: We May Have to Cut Or Chip to Get Access to The Water Line.(This Will Be Extra) Depending On The Technician Opinion,When May Be Able to Foam and Patch Wall(It Will Be Extra) If We Can Not Patch,We Will Advise Customer Suggestion Box: • This Is a Great Time to Change Any Other Shut Off Valves or The Main Valve Because the Water Will Be Turned Off Already MISC Service Includes:Misc Material and Labor to Perform Plumbing/Air Issue 1.00 $45.00 $45.00 MISC Service Includes bar sink basket strainer 1.00 $189.00 $189.00 MISC Service Includes:Owner supplied stainless steel sink and faucet. 1.00 $365.00 $365.00 Faucet Install Kitchen Service Includes: 1.00 $215.00 $215.00 (Owner Supplied) Removing Existing Faucet.Installing New(Owner)Kitchen Faucet. Hooking Up Existing Water and Waste Connections.We Will Test Work In Front of Customer When Done. • We Do Not Warranty The Faucet Since It is Not Provided By Cleary Plumbing GOING OVER AND ABOVE: • We Will Also Blow Out Hot&Cold Lines to Make Sure There is No Debris in The Lines. • We Will Apply One Application of Bio-Smart to Line to Cut and Clean Grease SUGGESTION TIME! • Change Those Shut Off Valve if Needed! • Protect That Kitchen Line With a Bottle of Bio-Smart • Great Time to Snake and Clean Line As A Preventative Maintenance Measure(45 WARRANTY ON DRAIN IF DONE) MISC Service Includes:Special material for kitchen faucet t&s 1.00 $45.00 $45.00 Paid On Type Memo Amount 10/28/2020 Check 3719 $439.00 10/30/2020 Check 3717 $215.00 11/2/2020 Check $625.00 Potential Savings $95.25 Sub-Total $1,279.00 Tax $0.00 Total Due $1,279.00 Payment $1,279.00 Balance Due $0.00 Thank You For Choosing Cleary Plumbing,Inc. All Residential Services Come With a 1 Year Warranty On Parts and Labor.(Stoppages Not Included)(Any Material Or Fixture Provided By Customer is Also Not Covered)(Life Time Membership Will Extend Warranties!!(ONLY FOR RESIDENTIAL CUSTOMERS)(Commercial Warranties Are 30 Days) I,the undersigned,am owner/authorized representative/tenant of the premises at which the work described is to be done.I hereby authorize you to perform said work and to use such labor and materials as you deem advisable.I agree that the price given below is a complete price for all work stated,with no breakdown of material and labor to be provided. $1,279.00 $1,279.00 Technician: Matt 11/2/2020 By Signing,I acknowledge that Cleary Plumbing,Inc.has satisfactorily performed the agreed services in the amount of$1,279.00.I agree that the amount set forth on this contract to be the total and complete price.I understand that a forty-five dollar($45) service charge will be added for any returned checks and I could be held liable for up to three(3)times the amount of the check or one hundred dollars($100),which is more,plus the face value of the check and court costs(xxxxx).A monthly service charge of one and one- half percent(1.5%)will be added after 30 days,up to one-thousand dollars($1,000),for any unpaid balances.I acknowledge that I have read,understand,and will receive a legible copy of this contract. 11/2/2020 60 SOLD TO _ SHIPPED TO VIA ADDRESS ADDRESS CITY,STATE,ZIP CITY,STATE,ZIP CUSTOMER ORDER N0. SOLD BY TERAS r 0.6. DATE m ,_ 10 s - 4 ° ............ z. ` °' ------- �.. ---------- ................. —— o --- ° s I ° ; > ° e ° �4,I ... G ° .. _ — ° Ll ° r ° ° ° 01-11 LOWE'S WME CENTERS, LLC 1500 CORPORATE DRIVE BOYNTON BEACH, FI. 33426 (561) 733-1397 - MILITARY - PERSONAL USE SALE - -- SAL — SALESN: 51111MS2 7jjj67 TRANS#-. 19415574 09-29-20 553878 8-48 NATURAL TIMBER ASH P 1,912.80 8,86 DISCOUNT EACH -0.89 240 B 7.97 [DELIVERY) 1103731 LARBE FLOOR TILE MRTAR OR 1'ry 16,96 DISCOUMT FACH 8 0 15.28 [DELIVERY) 37663 KERACLR CHRCOAL SND ORT # Y4.26 13A8 DISCOUNT EACH 2 0 12.13 [DELIVERY) 2 DELIVERY FEE 79.uu SUBTOTAL: 2,138.30 TAX: 144.19 INVOICE 79157 TOTAL: VISA: 1,262.46 TOTAL. DISCOUNT: 229.69 THANK. YOU FO1�' YOUR MILITARY SERUiC-Z=� VISA: X'XXXXXXXXX%X0790 AMOUNT:2,282.46 AUTHCO: 065038 CHIP REFI0:111110433302 09/29/20 17:50:02 CUSTOMER CODE: no ARL: US DEBIT TUR: 8080088000 AID: A000O000980840 TSI: 6800 SPORE: 1111 TEANINAL: 10 09/29/20 17:39:34 # OF ITEMS PURCHASED: 2501 Eg.,LUOES FEkS, SEHVICES ;his )MAH 1611— iitnl) JD rri Landscaping & Lawn Care LLC INVOICE NO: 7555 Address:404 NE 20th Ave, Boynton Beach, FL 33435 Dolores: English (561)215- 1557 Juan:Spanish (561) 323-3028 E-Mail Address: lolajuan502.@grnaii.com TE: 7/23/2020 DUE DATE: BILL TO: � � � ' Joe Hurtuk ADDRESS: 209 N Federal Hwy, Boynton Beach, FL 33435 PHONE NO: (561)339-3932 EMAIL: 4 P,DaW, �cs 0I.Com, Quantity Description Unit Amount Landscape Work 1 Date:07/23/2020 Front&side palm tree trim $ 350.00 Paid with Check#3588 $ (350.00) 2 Date: 08/05/2020 Sprinkler System repair&replace $ 225.00 Paid with Check#3610 $ (225.00) 3 Date:08/07/2020 Layout bricks and concrete $ 525.00 Paid with Check#3618 $ (525.00) 4 Date:08/19/2020 Sand installation and weed barrier front of store $ 1,175.00 Paid with Check#3626 $ (1,175.00) 5 Date:08/22/2020 Courtyard Preparation clean up all leaves $ 100.00 Paid with Check#3635 $ (100.00) 6 Date:09/28/2020 Backyard Clean Up Palm Tree Trim and Tree $ 550.00 Paid with Check#3682 $ (550.00) 7 Date: 10/10/2020 Courtyard installation of sand and stones,front $ 1,510.00 parking lot install clusia 3G Paid with Check#3705 $ (1,510.00) 8 Date: 10/23/2020 Rock installation&tree trim front parking lot $ 1,205.00 Paid with Check#3716 $ (1,205.00) Total of all landscape work$5,640.00 has been all paid out to Juan Landscaping same as JD Marroquin Landascping& Lawn Care LLC Payment: ,Cash or Check payable to:Juan Landcaping Include Invoice#on Check. TOTAL 5f Please, NO Credit Card Payment. Thank you! Terms: Payments due on receipt. / 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: November 10, 2020 CONSENT AGENDA AGENDAITEM: 11.E. SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the Amount of $11,658 for H. Longo Insurance Associates, Inc. d/b/a Allstate Insurance Located in Gulfstream Professional Building at 500 Gulfstream Boulevard, Unit 201 SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA District boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from H. Longo Insurance Associates, Inc. d/b/a Allstate Insurance located in the Gulfstream Professional Building at 500 Gulfstream Boulevard, Unit 201, Boynton Beach, FL 33483 (see Attachments I - II). H. Longo Insurance Associates, Inc. first opened in Manalapan, FL in 2013 and provide a complete line of property and casualty, business insurance and employee benefits to clients. As a full service agency, H. Longo Insurance Associates, Inc. offers a full range of products while providing personalized service. They are also a preferred agency for Allstate and look forward to growing their agency in the Boynton area. As a professional office, Allstate Insurance will be employing approximately three employees for full-time and part-time positions. Under the terms of the proposed Landlord-Tenant Lease Agreement, the base rent required to be paid by the applicant is $1,928 per month (see Attachment 111). Allstate Insurance qualifies as a Tier I I business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $1,250 per month for a 12 month period, whichever is less. Per the grant application, the applicant must provide an executed lease within 30 days of Board approval. If approved, Allstate Insurance would be reimbursed in the amount of $964/month for a period of 12 months or a total grant amount of $11,568 during its first year. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY2020-2021 Budget, Project Fund, Line Item 02-58400-444, $11,568 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $11,568 to H. Longo Insurance Associates, Inc. d/b/a Allstate Insurance, located in Gulfstream Professional Building at 500 Gulfstream Boulevard, Boynton Beach, FL 33483. ATTACHMENTS: Description D Attachment I -Commercial Rent Reimbursement Grant Application D Attachment II - Location Map D Attachment III - Proposed Lease Terms ,i boyNTFD N 'i KAj Ii COMMUNffY REDEVELOPMENTAGENCY October 1, 2020 — September 30, 2021 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term "new business" means a company in operation for less than six months or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the c Initials .� Page 1 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Applicants) may be produced by the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance through a reimbursable grant in the form of a monthly rent reimbursement for the first 12 months of business with the option to request an additional 6 months of reimbursement, which may be granted at the discretion of the Board. New businesses are eligible to apply for assistance for up to six months from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, permits are closed out, City and County licenses are obtained, and the business is open for operation under a Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO). For businesses that do not require any construction work, rent reimbursements will not be paid until City and County licenses are obtained and the business is open for operation. On a monthly basis, the BBCRA will issue reimbursement directly to the applicant. Reimbursement is for the monthly rent payment made to the landlord, and is dependent upon receipt of verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the parties to the lease, (the tenant and the landlord). As grantor, the BBCRA does not bear or accept any responsibility for payment of rent at any time, or for penalties incurred for the late arrival of payments by any party. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com. Initials Page 2 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 50% of its current square footage size or open a second location within the BBCRA Area. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease with at least two years remaining on the lease. • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. Initials Page 3 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales/Shooting Range • Convenience Store • Religion-Affiliated Retail Stores • Churches/places of worship • Non-profit organizations • Take-out Foods • Check Cashing Stores • Tattoo Shops / Body Piercing / • Kava Tea Bars Body Art Shops • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Alcohol and/or Drug Rehabilitation • Pawn Shops Centers/Housing • Any other use that the BBCRA staff • Massage/Personal Services or BBCRA Board determine will not • Auto Services Facilities — repair, support the redevelopment of the storage, sales, etc BBCRA Area • CBD Retail Stores, etc. • Medical Research Centers/Housing Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval. Tier One Business Tier One Businesses are eligible for reimbursement for up to half(50%) of the business's base monthly rent or$1,750 per month, whichever is less (maximum amount of the grant is $21,000, distributed in four monthly payments). initials Page 4 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market • Hotel, Motel, Bed & Breakfast Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half(50%)of the business's base monthly rent or$1,250 per month, whichever is less (maximum amount of the grant is $15,000, distributed in four monthly payments. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home D6cor/Design — home • Clothing Boutique — clothing, furnishings, art galleries, kitchen shoes & accessories wares . Law Offices • Accounting Offices • Hair/Nail Salons (no more than 2 • Real Estate Offices approvals per fiscal year) • Marketing Offices • Medical Offices • Fitness Centers • Insurance Offices • Specialty Businesses—stationary, • Florists (no more than 2 approvals gifts, sporting goods per fiscal year) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on the lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; InitialpA Page 5 of 15 Rent Reimbursement 100 East Ocean Avenue,4t"Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; C) allowing or assisting a business entity other than the grant recipient to list its place of business as the subject property; or D) allowing or assisting a business entity other than the grant recipient to obtain a business tax license from the City of Boynton Beach for the subject property. The fact that a business entity other than the grant recipient occupies the subject property, lists its place of business as the subject property, obtains a business tax license for the subject property, or similarly appears to use the subject property is sufficient evidence that the grant recipient has allowed or assisted such other business entity to do so and is grounds for termination of any further grant payments and seeking reimbursement for previously paid grant payments. However, it shall not be considered a prohibited subleasing when the business purpose of the applicant is to provide a space for aspiring businesses, such as when the applicant is a business incubator, commissary kitchen, or business that provides co-op workspace. The BBCRA will determine whether a certain applicant fits into the exception described in this paragraph on a case-by-case basis. � 3 Initials �,, Page 6 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 or downloaded from www.boyntonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants must submit an original, "hard copy" application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first served basis. Application packets must include the following documentation: A non-refundable fee of$100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. i Resume for each principal/owner of the business. 3r: Copy of the corporate documents for the applying business entity. Copy of City and County Business Licenses (Business Tax Receipt). 5. Copy of executed multi-year commercial lease agreement. Two years of corporate tax returns (for existing businesses only). -:----Two years of personal tax returns for the principal/owners of a new business. 8. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 9. If applicant is an existing business expanding to occupy more than 50% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 0.Completed and signed application (attached). .Authorization to perform credit check for the business and each principal/owner of the business (attached). Initials, % Page 7 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 12.W9 Form and Vendor Application (attached). Approval of Funding Request All required application documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. In order to request the 6-month extension, the applicant must submit a presentation at the completion of the 12 months of rent reimbursement, outlining how their first year went and requesting the additional 6 months of rent reimbursement. The presentation must be submitted no later than noon two weeks prior to the second Tuesday of the month The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the Initials ................. Page 8 of 15 Rent Reimbursement 100 East Ocean Avenue,4t" Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com approved applicant, with the option to request an additional 6 months. Reimbursement will occur on a monthly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next month. In order to receive monthly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month's reimbursement or proof of direct deposit). If applicant does not submit its monthly reimbursement request within 30 da s following the end of the next month in which applicant is reguesting reimbursement, applicant forfeits that month's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND ail aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the BBCRA to award grant funding. Initials Page 9 of 15 Rent Reimbursement 100 East Ocean Avenue,4t" Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com V s E Hi R,A COMMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): ' il =�;CCAS ,,._ Current Business Address: 2. _ � . Fed ID#: yu &- } �eq- Businesss Phone Number: t nt Fax: �01 Website: (a Existing Business: Yes No Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No If so, monthly base rent: New Busines Addre s: tre _ Square footage of current location: Square footage of new location: t` Type of Business: .1.'i`taV`CU " Number of Employees: t ; Hours of Operation: C"', Page 10 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com ONT its B EAC REDEVELOPMENT AGENCY APPLICANT INFORMATION PRINCIPAUOWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: A0A' Date of Birth: � r Email: Residential Address: . (L Nuw' Cell Phone Number: - 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 11 of 15 Rent Reimbursement 100 East Ocean Avenue,41 Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com A, BY T .., =BEACH il RA COMMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION Are you applying for grant assistant under any other program offered by the BBCRA? Yes No If yes, what additional programs are you applying for: Are you receiving grant assistance under any other governmental agencies: Yes_ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: rCj . k,0 r 1 `� Landlord's MailingAddress: n �.. i cluctoct la �._. Landlord's Phone Number: != CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that 1 am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Page 12 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com CRA ! C� COMMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Page 13 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com bl,j I NTO COMMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: p PrinrtipallO er" Sign tyre bate dO�Lha Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF YXJA COUNTY OF ALA& X, BEFORE ME,an officer duly authorized by law to administer oaths and take acknowledgements,personally appeared I �I—L.V r who is/are personally known to me or produced d a._ t7-, U ., as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. aforesaid S thisbL y pial seal in the State and County IN WITNESS OF THE FOREGOING, I have setmy ofhan�anAdtoffic 20 - NOTARY PUBLIC MICHELLE LYNNE KEDM My Commission Expires: MY COMMISSION 11 GG 308805 EXPIRES:March 10,2023 ?,■,!.�- Page 14 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com RA BOYNTO COMMUNITY REDEVELOPMENT AGENCY LANLORD INFORMATION LANDLORD SIGNATURES: 1. It 2t'� Landlord's Tc ature ate K A4!:; 2 Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to PrincipallOwner's Signatures Multiple notary pages may be used if signing individually STATE OF V I(A CC— COUNTY -COUNTY OF E'i�- A. 'ci- ` BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared l � �1n' who is/are sonally known me or produced_ P.t r 4 as identifi� cat n "�arad acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this vtj - day of , 2o2-6 . Rw< CHRiSTINEar TAGASTE Notary Public State of Florida y Commission Expires: ' Commissions#HH 046715 flf My Comm.Expires Nov 9,2024 C,h r -s � Bonded through National Notary Assn. Page 15 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435–Phone. (561) 500-9090 www.boyntonbeachcra.com 11/2/2020 PAPA Maps DOROTHYJACKS - -= ---CFA,AAS 5 Palm Bach Co tyP p rty Appraiser A}gitrfiiL } iv RTr ae44 4; ,.ho,,,? 1 r ro, Vc,,c ��`t1 Search by Owner,Addressor Parcel 4111111" as 141r {i S` 1 _ 00 fv., ;� vGvltl iiS,,i n i� {m t S Gu{istr�atnAflt T tit{i' t1 ur... . View Property Record _ sit Owners `" UPPERGULFSTREAM PROP&INVSTMNT _ k tF Property Detail t ,c 500 GULFSTREAM BLVD � ,� r } ? ii BOYNTON BEACH .Paiix No. 08434604080000202 Sulkdiviriorl DELRAY BEACH ESTATES ;t 27071 .Page 1049 :v i i Sale Date SEP-201 4 PO BOX 292037 1 d e.;;s FORT LAUDERDALE FL 333292037 �e e 1 700-OFFICE ONE STORYOtad Squal 24904 e ro 'k ] l 7r I III Ik 1flQv ter\ r Sales Information or Sales Date Price SEP-2014 2600000 - aMAR-2000 945000 a AUG-1998 825000 , �� :,4q ': i DEC-1989 650000 MAR-1984 784000 ' z � 1 2 , v Appraisals Tax Year 2020F,- i 't, Imp e .. e ..,t�.ue=.. $2,120,921 iv Value $727,892nvi��l .,,..a. .te...,ta..ue=. $2,848,813 All values are as of January 1 st each year e 1 I, s ,or,,vn,.i n n n,vii i ol oli i,tr,r, - - - � t v T Assessed/Taxable values r W Tax Year 2020 A^sesse t.-we=. $2,848,813 �e.:m .. 1... $0 r _ - t 1�� go axabie Value $2,848,813 1'), i� t„ Taxes �1i4,� �' Tax Year 2020sr rttt 'st �)r4t1 A...,Ia..,,:e=.:'^ $60,958 r,� .u,�..Ad Valc)ii $11,08211, $72,0401!1 t ,��veyrv��tivltltltltltatltltltltltltlyrtltltltltltltlitrtltivt'�; https://maps.co.paIm-beach.fl.us/cwgis/papa.htmI?gvaIue=08434604080000202 1/1 2240 Woolbright Road,Sults 300 Boynton Beach,FL 33428 1 . Phone 581.613.0900 • 1600 Southeast 17th Street,Sults 200 e Fors Lauderdale,FL 33316 Phone 954.358.0900 bergeroommerciaLcom UNSOLICITED PROPOSAL FOR LEASE Gulfstream Professional Building 500 Gulfstream Boulevard Delray Beach, FL 33435 October 29, 2020 This proposal on the part of the Landlord to the undersigned ("Tenant") to enter into a Lease for the described Premises at Gulfstream Professional Building at the rental rate, terms and conditions as specified herein: Landlord: Upper Gulfstream Properties & Investments, LLC Tenant: The entity name that the Tenant is signing under Allstate Insurance. Premises: Suite 201 consisting of 1,157 rentable square feet. Use: General Office Lease Term: Twenty-four (24) months. Lease Commencement Date: Upon Lease execution, Security Deposit and Prepaid Rent has been submitted, and submitted proof of renter's insurance. Base Rental Rate: Year 1 - $11.50 per square foot with three percent (3%) annual escalations plus applicable state sales tax. Operating Expense Rent: Upon Lease Commencement,Tenant will pay its proportionate share of operating expenses for the property which is currently estimated for 2020 to be$8.50 per square foot, plus applicable state sales tax. Operating Expense Rent includes Real Estate Tax, Insurance, Site and Building Utilities, Common Area Maintenance and Janitorial Services. Security Deposit: Last Month's Base Rent and Operating Expense Rent, plus applicable state sales tax, payable upon Lease execution. Prepaid Rent: First(1St)Months and last months of Base Rent and Operating Expense Rent, plus applicable state sales tax and payable upon Lease execution. Electric: Electricity is not included in the rent and Tenant will contract with a service provider. In the event Tenant would prefer to lump the electricity into the Operating Expenses, Landlord shall charge an additional $1.75 per square feet. Parking: Tenant shall have right to use non-reserved parking spaces at a ratio of 4.0 per 1,000 SF at no additional charge. Experience the o f market knowledge. 2240 Woolbrlght Road,Sults 300 Boynton Beach,FL 33425 Phone 557.573.0900 ERGE• 1800 Southeast 17th Street,Sub 200 e Rk� Fort Lauderdale,FL 33315 Phone 954.358.0900 COMMERCIAL BROKERAGE&PROPERTY MANAGEMENT bergercommerclatcmm Tenant Improvements: Tenant shall take the Premises AS-IS. Broker: Berger Commercial Realty Corp., Landlord's agent represents the Landlord and no other broker is involved with this transaction. Confidentially: All parties to this proposal recognize the confidential nature of this transaction and agree not to discuss or disclose (except to each party's professional advisors) any of the contents of this letter or any subsequent letters between the parties. This proposal does not constitute a binding commitment. Binding commitments shall be made only at Lease execution. To the contrary, the proposal merely sets forth the basic undefined terms and conditions to facilitate the drafting of a Lease by and between the parties. Execution of a Lease is subject to Landlord's approval at their sole discretion and review and acceptance of Tenant's Lease Application and Financial Statement. Unless accepted within seven (7) days from the date of receipt hereof, the terms herein will become void. The undersigned Tenant hereby acknowledges receipt and accepts the terms of this Proposal for Lease. TENANT: Entity name of Allstate Insurance. By: Dated: Experience the power of market knowtedge. 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: November 10, 2020 CONSENT AGENDA AGENDAITEM: 11.F. SUBJECT: Approval of an Increase in Funding for the Commercial Property Improvement Grant Program in the Amount of $3,837.41 for Saikrupa 1900, LLC d/b/a Inlet Inn Motel located at 1900 N. Federal Highway SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial costs associated with the construction, repair, and/or rehabilitation of commercial building improvements. The Commercial Property Improvement Grant Program provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. On July 14, 2020 the CRA Board approval a Commercial Property Improvement Grant to Saikrupa 1900, LLC d/b/a Inlet Inn Motel located at 1900 N. Federal Highway, Boynton Beach, FL 33435 in the amount of $13,249.85 for eligible facade improvements including a new parking lot, hurricane rated windows and a new security system (see Attachment 1-11). On November 4, 2020, the applicant sent an email requesting an increase in grant funding due to unexpected costs associated with the paving project (see Attachment 111). Due to a soft base under the pavement, the job required extra material and labor. The requested grant amount is an additional $3,837.41 which is within the eligible grant maximum of$25,000. If approved, the applicant is eligible to receive a maximum total grant of $17,087.26 in reimbursable funds provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: FY 201-2020 Budget Project Fund, Line Item 02-58400-444, $13,249.85, plus increase of $3,837.41 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Property Improvement Grant not to exceed the increase of grant funding in the amount of $3,837.41 to Saikrupa 1900, LLC d/b/a Inlet Inn Motel located at 1900 N. Federal Highway, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Property Improvement Grant D Attachment II - Location Map D Attachment III - Email Request and Invoices z 1t BOYNTON -+ t ;a.,. F- �G t R A CC*,hYMU NIFTY REDEVEILf-OWMENT AGENCY October 1 , 201 - September 30, 2020 COMMUNITYBOYNTON BEACH L COMMERICAL PROPERTYI T GRANTPROGRAM Program Rules and Regulations The Commercial Property Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency(the"CRA") District. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the repair and rehabilitation of buildings or other improvements in accordance with the CRA Community Redevelopment Plan. Improvements paid for by the CRA must be permanent and stay with the building. The CRA reserves the right to approve or deny any Commercial Property Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the CRA District. For purposes of this application, the term "new business" means a company in operation for less than six months or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the CRA District for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The term "project" means the eligible exterior or interior improvement project for which the applicant seeks reimbursement. Initials Page 1 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax:(561)737-3258 www.catchboynton.com The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Property Improvement Grant Program offers financial assistance to the landlord or business owner int for of a reimbursable, matching grant for 50% of eligible expenses, up to $50,000, associated with the construction or renovation of the exterior and interior elements oft commercial operating space. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace-program.php or by contacting the City of Boynton Beach at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSours e Palm Beach County visit it website at careersourcepbe.com or view the attached brochure. Eligibility Requirements Applicants must meet all oft following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the CRA District (see attached map). Initial Page 2 of 17 Property Improvement 710 North Federal Highway, Boynton each, FL 33435-Phone:(561)737-3256 Fax: (561)737-3258 www.catchboynton.com • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). • Improvements to non-profit and residentially zoned properties are NOT eligible expenses. • Applicant must have an executed multi-year lease with at least two years remaining on the lease. • Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined int sole discretion of the CRA. A copy of the consumer report will be provided tot applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All or must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than $250,000 (based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. 1,0P Grant funding amounts will be based on the applicant's project budget, specified at the time of the CRA Board approval, plus an added 20% contingency funding amount. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Property Improvement Grant Program may only be used one time in any five year period for any one property. Entities hoping to improve properties that were previously improved using a CRA improvement grant may apply for additional grants any time after five years from previous grant approval. • In order to qualify fort grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding liens, violations or monies Initial Page 3 of 17 Property Improvement 710 North Federal Highway, Boynton each, FL 33435-Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com owed for utilities, the CRA will perform a lien search on the property at a cost of $115.00, which will be deducted from any grant funding awarded to the recipient. In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • The property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach, and submit for reimbursement within 180 days of the issuance date of the permit for the project. If CRA Board Approves grant funding and the work being performed does not require a permit, the Certificate of Completion (or equivalent) and application for reimbursement must be within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in termination of the grant award. Only one 60 day administrative extension will be permitted, and the CRA has the sole and absolute discretion to grant or deny such extension. • Project items completed and paid for by the applicant more than 60 days prior to grant approval by the CRA Board are not eligible for reimbursement under the grant program. A complete application must be received within 60 days of payment in order for an expense to be eligible for reimbursement. Once a complete application is received, the application will be placed on the next available agenda for review and potential approval. • CRA Board approval of this grant results only in funding. Approval of CRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the CRA the rights and use of photos and project application materials. The CRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Projects and items eligible for funding under this grant program are limited to: • Structural walls • Plumbing . Flooring • Grease trap installation • HVAC system • ADA Improvements • Electrical systems, • Hood Mire • Signage including exterior and suppression . Doors/windows interior lighting Initis{ Page 4 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone:(561)737-3256 Fax: (561)737-3258 www.catchboynton.com • Landscaping and • Parking lot re-paving, Patio decks irrigation within the re sealing, and/or connected to the project site restriping building • Painting • Fencing (excluding • Demolition of structure • Roofing (Not to chain link, barbed wire, and re-sodding of exceed 50% of and wood panels) vacant property total grant award) • Electric vehicle charging • Solar electricity and •Aecurity stations—See attached water heating — See V cameras/system** ReNew PACE Eligible attached ReNew PACE (not including Product List Eligible Product List security personnel) ** Notwithstanding the limitation that grants may only be used once every five years for any one property, previous grant recipients that received less than the maximum amount of grant funding from Commercial Property Improvement Grants or Economic Development Grants are eligible to reapply to receive 50% matching reimbursable funding in an amount not to exceed $3,000 for the installation of new security cameras/systems. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Property Improvement Grant Program: • Firearm Sales/Shooting Ranges • Convenience Stores • Religion-Affiliated Retail Stores • Churches/places of worships • Non-profit Organizations • Alcohol and/or Drug Rehabilitation • Adult Gambling Arcades Centers/Housing • Check Cashing Stores • Medical Research Centers/Housing • Adult Entertainment • Massage/Personal Services • Vapor Cigarette, E Cigarette Stores • Any other use that the CRA staff or CRA Board determine will not support the redevelopment of the CRA District Grant Terms and Conditions This grant is divided into three tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. All Initials Page 5 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com reimbursement checks from the CRA to the successful applicant will be made out to the applicant (the business entity). Grant funding amounts will be based on the applicant's project budget specified at the time of CRA Board approval, plus an added 20% for contingency funding. Tier One Business Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of CRA Board approval, up to a maximum amount of $50,000 in grant funding. Tier One Businesses must be one of the following types of business: • Restaurant • Bakery • Gourmet Food Market Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of CRA Board approval, up to a maximum amount of $25,000 in grant funding. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Decor/Design —home • Boutiques— clothing, shoes & furnishings, art galleries, kitchen accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than two • Real Estate Offices approvals per fiscal year) • Bed and Breakfast • Medical Offices • Marketing Offices • Insurance Offices • Fitness Facilities—yoga, dance • Take Out Restaurants exercise, martial arts, etc. • Tattoo Parlor/Body Piercing/Body • Specialty Retail Businesses — Art Shop (no more than two stationary, gifts, sporting goods approvals per fiscal year) • Other commercial fagade only • Florists (no more than two improvements approvals per fiscal year) Initials Z. Page 6 of 17 Property Improvement 710 North Federal Highway, Boynton Beach,FL 33435—Phone:(561)737-3256 Fax: (561)737-3258 www.catchboynton.com Tier Three Business (no more than two approvals per fiscal year) Tier Three Businesses are subject to CRA Board for review and approval. Tier Three Businesses eligible for reimbursement of 50% of the applicant's project budget as specified at the time of CRA Board approval, up to a maximum amount of $15,000 in grant funding. Tier Three Businesses must be one of the following types of businesses: • Auto Services Facilities — • Pawn Shops repair, storage, sales, etc. • Liquor Store • Kava Tea Bar Lease 'Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. Application Process Applications can be obtained from the CRA office located at 710 North Federal Highway, Boynton Beach, FL 33435 or downloaded from www.catchboynton.com. All applicants are required to meet with CRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the CRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. Initial Page 7 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com Applicants must submit an original, "hard copy" application with all materials to the CRA for review and approval by the CRA Board. Applicants will be considered on a first-come, first-serve basis. Application packets must include the following documentation: non-refundable fee of$100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Written detailed project budget describing the improvements to be done to the property. It must list all project costs for is the applicant is requesting reimbursement. The project budget must provide a total cost of the project. 3. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. 4. Signage design, project color chips, material samples and material specifications, if applicable. 5. Copy of building permit receipt/application. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 90 days of grant approval, or the grant award may be terminated. 6. Resume for each principal/owner of the business. 7. Copy of the corporate documents for the applying business entity. 8. Copy of executed multi-year commercial lease agreement. 9. Copy of Warranty Deed. 10.Two years of corporate tax returns (for existing businesses only). 11.Two years of personal tax returns for the principal/owners of a new business. 12.Copy of design and construction plans associated with the proposed improvements. 13.List of jobsto be created and filled includingjob descriptions, pay range and weekly scheduI e. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 14.A minimum of four color digital "before" photos of the exterior and interior portions aft project. 15.Completed and signed application (attached). 16.Authorization to perform credit check fort business and each principal/owner of the business (attached). 17.W9 Form (attached). 18.City Planning and Development Department Acknowledgement Form (attached). 19.City Permit Department Acknowledgement Form (attached). Initials Page 8 of 17 Property Improvement 710 North Federal Highway, Boynton each, FL 33435-Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com The above referenced City Forms (line 18 and 19) must be completed and submitted to the appropriate departments, is are located at City Hall 3310 Quantum Boulevard, Suite 101, Boynton Beach, FIL 33426. Phone (561) 742-6000. Approval of Funding Request All re�Luired documentation must be submitted no later than noon two weeks orior to the second Tuesday ofthe month. CRA staff will review the application to evaluate whether the project is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and potential approval. The CRA Board meets on the second Tuesday of each month at the Intracoastal Park Clubhouse located at 2240 N. Federal Highway, Boynton Beach, FIL 33435. The schedule for CRA Board meetings can be obtained at www.catchboynton.com. Applicants will be notified of the date and time that their applications will be considered by the CRA Board. The CRA recommends that applicants attend the CRA Board meeting during which the Board will consider it applications in order to answer any questions the CRA Board may have regarding their applications. CRA staff will notify the applicant of the CRA Board's approval or denial in writing. Site Visits CRA may conduct a site visit prior to transmitting the application to the CRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement This program is designed as a matching 50% reimbursable grant. All work must be completed and paid for by the applicant prior to the release of CRA funds. The CRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the CRA (3) days prior to the grant expiration date. The CRA may refuse to issue grant funding if the submission is not received by the specified time. Initial Page 9 of 17 Property Improvement 710 North Federal Highway, Boynton each, FL 33435-Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com Once the work is completed the Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full." Proposals for "work to be completed" or"bids" are not considered proper documentation. a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. 2. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 3. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 4. A minimum of 4 color "after" photos of the project. By submitting for reimbursement, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement that have been used as part of a reimbursement request for any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. Initials Page 10 of 17 Property Improvement 710 North Federal Highway, Boynton Beach,FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the CRA to any third party. The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible have been paid is sufficient assurance for the CRA to award grant funding Initial Page 11 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com r BOYNTO . a WK�,+ APPLICANT INFORMATION BUSINESS INFORMATION: B iness Name (d/b/a if applicable): a � .. , � LLC' RIF Curent Businessddress: COLl,'�Jv 21-malm,.......2ect& Fed I D Business Phone Number: 6, J 3 3-° o a Cell: 5K - -4:4-q site: Existing Business: Yes No Number of years in existence: Time at Current Location: , New Business to Boynton Beach: Yes a No Do you have an executed lease agreement: Yes- No _,, If so, monthly base rent: New Business Address (if applicable): Square footage of current location: Square footage of new location: Type of Business: Tier 1 Business: ❑ Tier 2 Business: Tier 3 Business: ❑ (Tier Classification subject to CRA Board Approval) Number of Employees: _ - Hours of Operation: List of improvements seeking reimbursement for: ,�-' c. Requested grant amount: / Page 12 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com }fu BOYNTON 'i.. r APPLICANT INFORMATION ION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: �°L ki h0AI U Date of Birth: Email: ® +� r7�Pil EL- I LjLn, Residential Address: r Cell Phone Number: 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: ._.....__�.._..�.. ._._. Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: _ Residential Address: Cell Phone Number: Are you applying for grant assistant under any other program offered by the CRA? Yes No a If yes, what additional programs are you applying for: Page 13 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com 4 �tti'SSSfStt BOYNTON' ' Q BE AC H ! ...... APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: Landlord's Mailing Address: Landlord's Phone Number: CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I Initial Page 14 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com fl \u h ) BOYNTO N =BEACH APPLICANT INFORMATION understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. specifically authorize the CRA to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Initials Page 15 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com Nc a BOYNTON NNOMBEACH 1',t APPLICANT INFORMATION APPLICANT SIGNATURES: cc 1. a P ' ipal/O ner's Si nature Date ,V i, f yp Print e' Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to PrincipaUOwner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF a.___, BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally aaoeared who is/are personally known to me or produced _ as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seaiand County aforesaid on this day of T t "nL q Bonnie Nio ien Nr A Y NOTARY PUBLIC STATE OF FLORIDA mmission Expires: Comnn#GG108394 Expires 5/WjRV6 of 17 Property Improvement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catch boynton.com BOYNTON" I wmw-.BEAC �• - ,''tl' LANDLORD INFORMATION LANDLORD SIGNATURES: Landlord's Signature Date Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to PrfncipaUOwner's Signatures-Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared , who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this_ day of m, 20 . NOTARY PUBLIC My Commission Expires: Page 17 of 17 Property Improvement 710 North Federal Highway, Boynton Beach,FL 33435-Phone: (561)737-3256 Fax: (561)737-3255 www.catchboynton.com 6/17/2020 PAPA Maps DOROTHYJACKS - -= ---CFA,AAS 5 Palm Bach Co County p rty Appraiser A}giFrfii } ir RTr ae44 4; e,. ,. 1 d yak e uc smajEjamum--assisionoymF• 6 t`�S P Search by Owner,Address or Parceli View Property Record a t Owners i SAIKRUPA 1900 LLC 4 I4 Property Detail , ,,. 1900 N FEDERAL HWY - Mw..: . ; BOYNTON BEACH 1 Pai . x No. 08434515060010210 `ulkdivi^io,r: SHEPARDSWSIN ;t 24704 Pace 805 `ale Date AUG-2011 1900 N FEDERAL HWY Addii BOYNTON BEACH FL o 33435 2834 Jse. Yoe 3900-MOTEL ,,a So, 3616 - - - a Sales Information K , 1 Sales Date Price AUG-2011 325000 II JAN-2004 385000 JUL-2002 275000 MAY-1991 223300 NOV-1990 255200 1 2S r , Appraisals ,; Tax Year 2019 Improveme $161,834'1. .. Value $240,893 .()�ai ..a_ke...Value= $402,727 if t All values are as ofJanuary 1st each year „-n,-n--1 n n or"',or"',, n n,or,},n, - tj tt Assessed/Taxable values Tax Year 2019 1 A^sessed Value $402,727 xe.:=.J,..d..ount. s0< x ,.e.Va.lue=. $402,727 i' Taxes I Tax Year 2019 Ad ! lcre m 58,703 No rlAt'a...o:e rro S2,152 , S10,8551f1 t https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434515060010210 1/1 Nicklien, Bonnie From: Inlet inn motel <inletinnmotel11 @gmail.com> Sent: Tuesday, November 03, 2020 9:30 PM To: Nicklien, Bonnie Subject: Change order Invoices Attachments: scan_20201103135736.pdf, scan_20201103140431.pdf, scan_20201103140510.pdf Hi Bonnie As we discussed early this morning regarding my unexpected situation while we were in procedure of paving, they had to make changes twice because of a soft base so they had to use extra material and labor. Now total cost went up is $25,191 just for paving and the other two projects costs are for Security cameras and Window Replacement is $8,983.52 total and those projects are already done. So a113 project total costs are $34,174.52. It's my humble request to CRA to adjust the grant for this updated amount. I have attached all three Invoices down here for your reference. Thank you for your time and consideration. Raj Patel. i � e e _ C OnTy PAVEMENT MANAGEMENT SOLUTIONS 11320 320g. a`= Inlet Inn Motel 1900 N Federal Hwy Boynton Beach,FL33435 Jun 08,2020 MILL ENTIRE SECTION:Up to 4,225Square Feet 1. Pick up and stock pile car stops.Any broken car stops will be replaced at an additional cost of$60.00 each. 2. Mill entire section up to 1 inch average. 3. Excavate approximately 150 square feet to 6"below grade,install limerock base material to match milled asphalt grade,roll and compact. 4. Hall away all debris. ASPHALT PAVING:Up to 4,375 Square Feet 1. Tack areas with DOT approved primer tack. 2. Level any depressed areas prior to overlay. 3. Install 1 inch average hot plant mixed asphalt S-lll 4. Roll and compact areas using a steel drum and rubber tire roller. 5. Remove any related debris from site NEW PAVEMENT MARKINGS 1. Stripe a new layout using DOT approved latex white,yellow,and/or blue paints to match what was previously existing to include:stall lines, handicap stall,car stops,24"IN,24"OUT,and 24"NO PARKING. 2. Refasten car stops in the center of new stalls. *Project bid with typical industry and municipal standards.City specifications,permit and code requirements are subject to change without notice. TE: If major concrete areas are to be removed, it will be an additional cost to this contract. TOP CONTRACTOR i 111111 COUNTY PAVE AA SOLUTIONS We propose to furnish the material and perform the tabor necessary for the NZEMOM completion of project in accordance to specifications,and subject to conditions stated herein for the sum of: $13,250.00 Emim $ *Customer to enter$0.44 if no options selected ylt - e $ e n l t= S All Prices quoted are valid for 30 days from the date of this proposal.This proposal price is based on work being completed during the hours of 7:00 AM and 6:00 PM,Monday- Friday,excluding holidays.Additional fees will apply if work is required to be completed at night or on the weekends.Please contact your sales representative for details. ACCEPTED:Prices,specifications,terms,and conditions are satisfactory and hereby accepted.You are authorized to do the work as specified.We agree to pay the total sum or balance in full upon completion of this project.Payment will be made as outlined below. a , 40%Deposit 60%Final Completion - Select if email invoice is preferred Billing Company& Contact Name: Signature of Approval by Customer Billing Street Address: Billing City:State,Zip: Printed Name&Title/Position Billing Phone Number: Date Billing Contact E-mail T OP CONTRACTOR v. °54 , p ^q 8 COUNAfy PAVEMENT MANAGEMENT SOLUTIONS 1CM2211M CUSTOMER INSTRUCTIONS AND INFORMATION Work Area Preparation i. All County needs suitable access to the work area,and if it is dependent upon,or in conjunction with the work of others,such work shall be performed and completed prior to arrival,so All County can work uninterrupted in a single shift operation. 2. All vehicles must be removed from the work area no later than 7:15 am,unless otherwise agreed,to deliver the project work on schedule. 3. Tow Trucks need to be arranged 5 days prior to the start of work and must be on call to remove cars from the scheduled work zone as necessary.The Customer is financially responsible for towing services and any created delays.If any cars are left on the area of work,All County Paving cannot beheld responsible for any damage to the vehicle. 4. All County Paving will not be responsible for persons entering the work area,tracking of materials or paint,or any damages to cars or persons trespassing in the designated areas, 5. Existing asphalt or concrete cracks with vegetation growing in them should be prepared with several treatments of weed killer prior to Ali County Paving arrival. 6. The sprinkler system should be off 24 hours prior to the commencement of your project and stay off 48 hours after completion of project.The surface must be dry for our arrival as areas where the newly sealed pavement is wet may wear prematurely. 7. Suspend lawn cutting during the work period. 8. Please make sure street sweepers are cancelled during the sealooating projects and should not be used on newly sealcoated areas. 9. Dumpsters in the scheduled area must be removed or moved to another area.Dumpsters not moved,will be subject to additional fees. Customer Expectation 1. New pavement is susceptible to scuffing and marks until it has properly cured. 2. Large cracks in the existing asphalt may reflect through the new asphalt in time.. 3. There will be a fire'tmcking-this cannot be avoided,but the tracking marks will disappear in time_ 4. The asphalt surface that will be placed on this project will not have the finish and look of a sealcoat application.If sealcoat is desired later,All County Paving will[be happy to quote you separately. 5. Seaicoating is not a crack filler.All existing cracks in the pavement will still be visible after sealcoating. 6. All County Paving cannot guarantee elimination of standing water. CONTRACT TERMS AND CONDITIONS 1. Our proposals are limited to include items only,anything not specifically included is excluded from contract.Any alteration or deviation from proposal specifications involving extra costs,wiit be executed only upon written orders,and will become an extra charge over and above the estimate. 2. The proposal or contract provided,including all stated terms and conditions,shall become a legally binding attachment to any contract entered between All County Paving and the financially responsible company for which the work will be performed. 3. All County Paving recommends a Civil Engineer be retained for ADA upgrades.As such All County Paving makes no claim that ADA upgrades will meet any/all locai,state and federal guidelines on ADA compliance. 4. For projects requiring city or county permits,All County Paving will coordinate the process and charge an Actual Permit&Procurement Fee of$49500 per permit,plus actual cast of permit(s).Any additional work required by the permit(s)will be extra to the contract amount. 5. Any work performed by All County Paving which work is on public property,the(ClienttOwner)agrees and understands that the project property which it owns shall be charged with all indebtedness here under. 5. In the event of any litigation or other proceeding arising out of this agreement,the prevailing party shalt be entitled to collect its attomeys'fees and all costs of litigation from the other party,including appellate attomeys'fees. 7. All accounts past due will incur a finance charge of 18%per annum. 8. Ail County Paving reserves the right to withdraw the proposal at any time prior to the commencement ofwork should material price fluctuations rise significantly. 9. Any additional mobilizations for Paving will be billed at a rate of$5,500.00 each. 10. Any additional mobilizations for Seaicoating will be billed at a rate of$1 750.00 each. 1t. Delays to All County Paving of a Maintenance Crew shall be paid at a rate of$200.00 per half hour and delays to All County Paving of a Paving andfor nainmg crew shall tie Pala at a rate of$350.00 per half hour by the customer. 12. Any broken car stops will be replaced at an additional cost of$60.00 each.. 13. There will be a charge of$47.50 above the Contract amount to dispose of used materials at an approved environmentally compliant waste facility. 14. Reflective Pavement Markers are exciuded from the warranty.Any,additional reflective pavement markers that are required by the city code will be an additional charge of$10.00 each to the contract amount. 15. All County Paving will not be responsible for damage to grass,sod,irrigation or any other underground utilities.Excavated materials will be left in the islands/landscaped areas. 16. All County Paving will not be responsible for unforeseen conditions that arise;they may result in additional costs to the customer. 17. All County guarantees its'sealer products against peeling or flaking of stable asphalt for a period of(1)year,excluding normal wear and tear. 18. Newly seal coated areas will be barricaded for 24.48 hours after project completion.It is the responsibility of the customer to keep the area clear to allow proper curing of the material. Failure to do so will void any warranty. 19. Alt County Paving guarantees all workmanship and materials for up to(1)year,excluding normal wear and tear.The warranty starts at the conclusion of work and is not valid until payment has been made in full. Customer must initial here that they have read and accept the above Terms&Conditions ° e TOP CONTRACTOR pit s e p o as 0 221���� CMOUNTYmilli PAVEMENT MANAGEMENT �. IONS r Inlet Inn Motel 1900 N Federal Hwy Boynton Beach,FL33435 WIDE== ` = Date:Nov 03,2020 Job Number:01-016768NN ovjrvoe Change Order# 002 it IUMMI ASPHALT&BASE REPAIR:In(2)location(s) f. Excavate and remove debris from the voided area. 2. Compact the exposed sub base materials. 3. Install new compactable base material as required,up to 4'depth. 4. Roll and compact exposed base material. 5. Remove any job-related debris. *This contractor will not be responsible for future settling in the area of repair.If additional repair is needed beyond the scope of work detailed above,a change order will be required.Contractor is not responsible for any plumbing t utility repair of any kind. $9,47p.U0 NOTE:This price includes the cost of re-mobilizing equipment and crews for paving of$5,500.00 —The cost of i car stop and ADA sign will be completed at no additional charge` Change Order Amount 6,970.00 The dollar amount listed above is to be added to the original contract amount. This revision becomes part of,and in conformance with,the existing contract.All work to be performed under the same terms and conditions as specified in the original contract unless otherwise stipulated. ACCEPTANCE OF CHANGE ORDER REQUEST- The EQUESTThe above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified. Payment will be made as outlined above. All Prices quoted are valid for 30 days from the date of this change order request. Customer must sign here in acceptance of the above change order details TOP > n 20119= COUNTY PAVEMENT MANAGEMENT SOLUTIONS n,@ • ' Inlet Inn Motel • 1900 N Federal Hwy Boynton Beach,FL33435 ` aN Date:Sep 25,2020 Job Number.01-016768NN Change Order# 001 f ' To Satisfy Building Department Requirements: Additional milling,grading,base work,and asphalt installation to meet proper grades and sloping. Change Order Amount$ 4,971.00 The dollar amount listed above is to be added to the original contract amount. This revision becomes part of,and in conformance with,the existing contract.All work to be performed under the same terms and conditions as specified in the original contract unless otherwise stipulated. ACCEPTANCE OF CHANGE ORDER REQUEST: The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified. Payment will be made as outlined above. All Prices quoted are valid for 30 days from the date of this change order request. Customer must sign here in acceptance of the above change order details 4e � aw • � �b T co 1 x Silicon Technology Solutions, Invoice inc. dba Just in Time IT 7548 Canal Dr. Date Invoice# ° ll` Lake Work,FL 33467 8/1312020 202008005 Bill To Ship To Inlet Inn Motel 1900 N.Federal Highway Boynton,FI.33435 P.O.Number Terms Due Date Technician/Rep, Ship Date Ship Via 8/13/2020 8/13/2020 Quantity Description Price Each Amount 11 3 Mea Dome Camera Turret 85.00 935.00T Serial/Numbers: 210234C43U3206000050 210234C43U3206000009 210234C43U3206000072 210234C43U3206000060 210234C43U3206000037 210234C43U3206000007 2I0234C43U3206000078 210234C43tf3206000039 210234C43U3206000025 210234C43IJ3206000059 210234C43U3206000019 3 8-Port PoE High Power Switch 115.00 345.00T s�,..d rr—t—: PS6081EI807000946 PS6081EI807000941 201906140802-B 3 4 MP IP Bullet Plug and Play PoE 252.00 756.00T Serial Numbers: 210235C35F3198000006 210235C35F319B000017 210235C35F319B000019 Thank you for your business. Total To avoid any tate fee please submit payment within due date or terms of contract. Payments/Credits Payments may be submitted by Check,Credit Card or Pay Pal. International Clients will pay by Credit Card or Wire Transfer. Balance Due with a 3%credit card processing fez,will apply_ Page 1 .. Silicon Technology Solutions, Invoice me.dba Just in Time IT 7548 Canal Dr. Date Invoice# sly', Lake Work,FL 33467 x/13/2020 202008005 Bill To Ship To Inlet Inn Motel 1900 N.Federal Highway Boynton,Fl.33435 P.O.Number Terms Due Date Technician/Rep. Ship Date Ship Via 8/13/2020 8/13/2020 Quantity Description Price Each Amount I NVR302-16E-B-NB 16 Channel. IU-H2.65 4K NVR. 600.00 600.00T NVR SIN:210235XOE7319B000003 2TB Hard Drive S/N:Z529WH8S I Misc Items: 400.00 400.00T -2000`24/4 Solid CU Cat5e CMR Riser cable. -RJ-45 connectors,Zip tic,Screws. -Ca16 Direct Burial unshielded cable. -PVC Junction boa,Pipe and liquid tight. I Labor: 3,200.00 3,200.00 Remove old camera setup(Cameras and cables) -Run new CAT-5 cable and Burial cable. Install and position cameras. Install and configure NVR. I Labor Discount -300.00 -300.00 Sales"fax 7.00% 212.52 Thank you for your business. Total $6,148.52 'to avoid any late fee please submit payment within due date or terms of contract. (3a f11et1tS/CCBditS $-2,841.50 Payments may be submitted by Check,Credit Card or Pay Pal_ � International Clients will pay by Credit Card or Wire Transfer_ a la n ce Due $3,307.02 with a 3%credit card processing fee will apply. Page 2 $ ,:d Invoice YkF°�1 r =°, f,-�`-"te��.�a.-- Date Invoice# 925 S.Congress Ave,Delray Beach,FL.33445 6/19/2020 65015 Delray(561)278-3385 Fax(561)278-8599 License#SCC131151235 kNo ft Bili To WAW Ship To Saikrupa 1900,LLC. Saikrupa 1900,LLC. 1900 N Federal Hwy 1900 N Federal I liav Boynton Beach,FL.33435 Boynton Beach,FL 33435 Memo Terms Rep 1st Deposit Net 30 MW OTYDescriptlan Amount 0.5 (3)Single Hung Windows 1,575.00 (2)Horizontal Roller Windows (1)Picture Window TOTAL:$3.150.00 l ST DEPOSIT:$1,575.00 2ND DEPOSIT:$1,260.00 FINAL:$315.00 i i 1 I f i E Total $1,575.00 E-mail Payments/Credits -$1,575.00 i i ar cr.a-chrislianglass.com Balance DUe $0.06 l F l 1tsF. Invoice Date Invoice 3E2�nR X 3k 3,.E$1�+d� +# 925 S.Congress Ave,Delray Beach,FL.33445 10/6/020 49866 Delray(561)278-3385 Fax(561)278-8599 License#SCC131151235 Bill To Ship To Saikrupa 1900,LLC. Saikrnpa 1900,LLC. 1900 N Federal Hwy 1900 N Federal Hz+y Boynton Beach,FL,33435 Boynton Beach,FL 33435 I Memo -Terms — Rep 2nd Deposit Net 30 MW QTY: Description Amount 0.4 (3)Single Hung Windows 1,260.00 (2)horizontal Roller Windaws (1)Picture Window TOTAL:$3,150.00 I ST DEPOSIT:$1,575.00 2ND DEPOSIT:$1,260.00 FINAL:$315.00 i i i i l I l t t Total $1,260.00 t E-mail Payments/Credits -$1,260.00 area-christianglass.coin 1 Balance due $0.00 t E F Invoice arF l 9' tt "- M Date Invoice# 925 S.Congress Ave,Delray Beach,FL.3344510/6/2020 48867 Delray(561)278-3385 Fax(561)278-8599 S'll Licensed SCC 131151235 Bill To , Ship To Saikrupa 1900,LLC, Saikrupa 1900,LLC. 1900 N Federal Hwy 1900 N redcral Hwy Boynton Beach,FL.33435 Boynton Beach,Ft.33435 Memo Terms Rep Final Net 30 MW QTY description Amount 0.1 (3)Single Hung Windows 315.00 (2)Horizontal Roller Windows (1)Picture Window TOTAL:$$3,150.00 1 ST DEPOSIT:$1,575.00 2ND DEPOSIT:$1,260.00 r FINAL:$315.00 ti i i I t Total $315.00 E-mail Payments/Credits -$315.00 arcava-christianglass.com Balance Due $0.00 FINAL WAIVER AND RELEASE OF LIEN For and in consideration of the full and final payment$1,275.00 the undersigned do hereby waive, release, remise and relinquish any and all right to any lien or liens for work done or material furnished under contract or any kind of class of lien whatsoever,for the owner, its successors and its assigns,on the following described property. This final release is contingent upon clearing of funds and will become null and void should have said funds do not clear for any reason. OwnerZAddress of said property: Saikrupa 1900, LLC. 1900 N Federal Hwy Boynton Beach, FL 33435 Signed,sealed and dated this November 3rd 2020 B Ron Fable,Vice President A Christian Glass& Mirror Company State of: FLORIDA County of: Palm Beach Sworn &subscribed before me this 3"d of November,2020,by Ron Dable, Vice President of A Christian Glass&Mirror Company,who is personally known X or produced identification Notary Public: FRANCES TORO Notary Public-State of Florida Commission#GG 334084 My Comm.Expires May 13,2023 Bonded through National Notary Assn, My Commission Expires: 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: November 10, 2020 CRA PROJECTS IN PROGRESS AGENDAITEM: 13.A. SUBJECT: Marketing, Business Promotions, and Social Media Update SUMMARY: Throughout the month of October, the BBCRA Business Promotions and Social Media team 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 new amphitheater and park located within the Town Square complex. See Attachment I I for a full listing of all of the Facebook posts that were published in October. PRINT MARKETING Like a Local BBCRA Business Guide — Staff designed an 8.5x11 foldable pamphlet to showcase a variety of the restaurants, beauty salons and spas, health and wellness, and marine businesses located within the BBCRA area. Two hundred copies of the business guide were printed and distributed to the community at the City's Fall Festival event on October 17th see Attachment I11, Exhibit A). Cost: $125 Coastal Angler Magazine — In October, a quarter-page ad featuring the commercial dockage availability at the Boynton Harbor Marina was published in the Coastal Angler Magazine. The 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 111, Exhibit B). Cost: $300.00 Neighborhood News — In October, a full-page ad showcasing the availability to rent the Historic Woman's Club of Boynton Beach for a special function was published in the Neighborhood News. This publication reaches the western Boynton Beach communities and is mailed to 17,500 homes/clubhouses, with over 10,000 additional subscribers that read the digital edition online and on Facebook(see Attachment I 11, Exhibit C). Cost: $450.00 Delray Beach Newspaper Boca Raton Newspaper — In October, a full-page ad showcasing the availability to rent the Historic Woman's Club of Boynton Beach for a special function was featured in the October issue of the Delray Newspaper and Boca Newspaper. This publication reaches over 15,000 direct online readers and also has 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 D). Cost: $695.00 BLOGS East Ocean Avenue: Looking Ahead to the Future This blog provided a spotlight of the established businesses located in the 100 and 200 blocks of East Ocean Avenue, as well as a look at the ongoing development that is occurring within the Town Square project. The following City facilities and businesses were featured: City Hall/Library, The Boynton Beach Cultural Center, Kapok Park Family Activity Center, Boynton Beach Amphitheater, Schoolhouse Children's Museum, and Kenny's Market. Click here to read the blog. UPCOMING INITIATIVES Boynton Beach Bucks Staff is working to finalize the Boynton Beach Bucks reward program. This business promotional digital marketing campaign will implement a reward system that encourages and incentivizes community members to visit and patronize businesses located within the BBCRA area. The intent of the program is to provide increased exposure and sales for featured businesses. A special business promotion will be created depending on the program segment that is being promoted — Business Promotional Events, Existing Business Promotional Digital Marketing & Social Media Campaigns, and Independent Campaigns — i.e. $5 off for the first 50 QR codes scanned at Bailey's Blendz or Buy one small ice cream and get one free at Boardwalk Italian Ice & Creamery. A unique QR code, which will be used for redemption and tracking, will be generated for each Boynton Beach Bucks promotion. Bon Appetit Boynton Beach In November, staff intends to launch the Bon Appetit Boynton Beach business promotional digital marketing campaign. The intent of the campaign is to promote six local restaurants in a fun and creative way through marketing videos that will showcase a chef from each restaurant preparing a special menu item. Viewers will be encouraged to prepare the meal for themselves at home or order the prepared menu items from the restaurants for either take out or dine in options. The campaign, which will be promoted via Facebook and YouTube, will also include a special Boynton Beach Bucks component, which will allow social media followers the opportunity to win discount vouchers for the featured restaurants. Industrial Avenue Showcase Staff is currently working on a five-part blog series that will feature the various businesses and artists that are located on Industrial Avenue. The blogs will provide a brief write-up of each businesses, as well as their contact information, in an effort to build awareness of the local goods and services that are available in that area and encourage residents to shop local. FISCAL IMPACT: FY 2020-2021 Budget, Project Fund, Line Item 02-58400-445, Marketing $1,570. 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 -October Social Media Posts D Attachment III - Print 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 O C 0-6 LU O o f. P S e 2 44 LLI 0- ro CL To 0 -6 E u is F—A- 41: O = uj �Vo a 6 i. LLI LU LLI D O � 5 LLI Ij uj (2j 1 � 6 e° � itl -------------------- _ m c _ u ig LZ n E E i E z z tl C F � 3 V D9 u. _ 4� - �LL 6 _ tl _• Vf cn � S N c 2 uj 4. 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I AC I Ue,�' LIVE L,Le,Loco-1 3— .1,11A. ITT �OYNI =PEACH IJ —17 11, 1 q0 I III" 1,Q- '31,33 nn K Exhibit B — Coastal Angler Magazine Exhibit C — Neighborhood News f si w I WEDDINGS BARfB 1'I'hII'I'ZV2\IIS SOCIAL I ENTS MEETINGS (QRI'ORA"I'L'EV1'NTS • HOLIDAY YAIt'I'IES • BAW SHOWERS ROOKYOUR LVEN'r IOLAY IC)Io FEDLRAL Hu)'-561,600.9097 BOYNTON Vvo�nancLl��b aAhbfl.c� i"'BEACH�umeuRracaldcv Exhibit D — Discover the Palm Beaches Si`Io ift r� r 1.� �I Y n h f Yy'1 s ;#�f 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: November 10, 2020 CRA PROJECTS IN PROGRESS AGENDAITEM: 13.13. 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 Grants Awarded to Date - $20,837 Remaining Fund Balance as of 10/13/2020: $381,276 List of CRA Board approved Economic Development Grants awarded since October 1, 2020: Fr1 t Pending Approval November 10, 2020 H. Longo Insurance 500 Professional Rent Associates, Inc. dba Gulfstream $11'568 $0 Allstate Boulevard Office Reimbursement Boardwalk Italian Ice & 209 N.Federal Ice Cream Property $8,269 $0 Creamery, LLC Highway Shop Improvement New Business Tax Receipts issued in October 2020 located within the CRA boundaries: Euire Nm ;''' Iuir ,Adr? s,, Bids T* Health and Allied Services 1600 N. Federal Highway, Unit 8 Beauty Spa Custom Truss, LLC 510 1 ndustrial Avenue Manufacture Starbucks Coffee 1620 S. Federal Highway, UnitA Coffee Shop 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: November 10, 2020 CRA PROJECTS IN PROGRESS AGENDAITEM: 13.C. 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 November 3, 2020, , one year later, all of the buildings, units and landscaping has been completed and a Certificate of Occupancy has been issued for two of the five (Buildings 1 and 4) buildings (see Attachment II). Centennial Management Corp. (CMC) has indicated that as of November 1, 2020, 50% of the tenants have moved into the buildings. The remaining 50% of the tenants will move in over the next three to four weeks. Representatives from CMC has been invited to attend the November 10, 2020 CRA Board meeting to provide additional details and/or answer questions about the project. 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 - Project 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. 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A= a NIM S IN 3 mm �cf) _ A= O oo - 4 Aga a m c Ocean Breeze East Project Update November 3, 2020 � F z r: - pp���� s S r k L !s' I' 'x Ocean Breeze East Project Update November 3, 2020 llfi$4, '`tt r rs y,104 View from Seacrest Boulevard -Southbound r y y' � — (� t } t View from Seacrest Boulevard - Northbound y' r 't4r t s�i F �x s1� yttyi�i YW"A I+y y I tt x �t{ View from NE 1s'Street "` Ocean Breeze East Project Update November 3, 2020 11� �r,�r�? ;F t i s s, rr� 4 i i y � Sli Ff t ,�i� i 1 r, tI4 7 r i �1. t 10 �s NNE t U,p\t 4� Ss�{}S�ysuss}`t�pyx fi�J�G�tfi 1,t iyt_ rk i y s r INNER ty E Ocean Breeze East Project Update November 3, 2020 lot � b, 9 11j}fj t Y Y i- — v ;a v Iy�� �f�{����'•<���SS��t��' t�f i� s��5i1 t�{Sitlyrt l\��y��t {' ����w s j X41 n i �r �. r Ocean Breeze East Project Update November 3, 2020 d. { 'p" SIMON ,r r' o Future Playground �I 4t x1., nn i s, Future Pool 70 - Ocean Breeze East Project Update November 3, 2020 a S,q 17�t 4� Win i B i u e fir; Ocean Breeze East Project Update November 3, 2020 6 IM y l�biwW !x } \ ( y1 ( {1t 1 1 - Y � 1 t Ocean Breeze East Project Update November 3, 2020 f i tt3 441 y' y� ff(( Iuppp t� =S„C S t l �71 k al Clubhouse Amenities ntt 11 IN 7 . t r 5 Example of Interior of Unit Ocean Breeze East Project Update November 3, 2020 - - : � ^ : _ 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: November 10, 2020 OLD BUSINESS AGENDAITEM: 15.A. SUBJECT: MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project Update SUMMARY: Since approval of the Purchase and Development Agreement in September 2019 with Centennial Management Corp (CMC) for certain properties on Martin Luther King Jr. Boulevard, the following activities have occurred: • November 2019: CMC submitted its formal application to the Florida Housing Finance Corporation's 9% Low Income Housing Tax Credit Funding Program. • January 2020: CMC's application and the MLK Jr. Boulevard Corridor Redevelopment Project drew the #1 lottery position to receive a funding award. • April 14, 2020: CMC's funding application received final award approval from the Florida Housing Finance Corporation. • May 6, 2020: CRA staff and CMC staff met via video conferencing to discuss next steps and their 4/29/20 site plan items. • June 3, 2020: Further discussion between CRA staff and CMC concerning the development of the Project's design, the residential/commercial components, financial structure and items to be presented to the CRA Board at their June 9, 2020 meeting. • July-August 2020: Discussion between CMC and City staff concerning their site plan. • September 2020: CMC's formal site plan application has been submitted for review. • October 27, 2020: Project site plan appeared before the City's Planning & Development Board • November 4, 2020: The North and South Project Site Plan Applications were approved by the City Commission (see Attachments I & II). Under Section 20 of the Purchase & Development Agreement between the CRA and Centennial Management Corp. (CMC), the Seller and Purchaser may enter into a separate agreement establishing terms and conditions under which Seller may provide additional funding to Purchaser for costs associated with construction, operation and maintenance of the Commercial Component of the Project (see Attachment 111). Staff and legal counsel are seeking authorization to begin negotiations with CMC to formulate the terms and conditions of the Commercial Component Agreement to be presented to the CRA Board for consideration and approval at a future meeting. FISCAL IMPACT: Fiscal Year 2019-2020 Budget; Project Fund Line Item 02-58200-406 - Local Government Match Contribution $626,000 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: CRA staff and legal counsel are seeking authorization to begin negotiations with Centennial Management Corp to formulate the terms and conditions of the Commercial Component Agreement to be presented to the CRA Board for consideration and approval at a future meeting. ATTACHMENTS: Description D Attachment I - M LK Jr Blvd Project Site Plan - North D Attachment II - M LK Jr Blvd Project Site Plan -South Elo-ilmomv-IM311,13H 0-11wo ------------ C? N oz o I > I 'I hL Z<� z :11 2 5 �Sl 5n; 10 0 GO Z� 81 S zo ------- ----- ------- [T�F- II F�g I/dli 1 7 ----------- El —01 aw as is,ao�aeau 0 ------- ----- ----- Leo <— E10311HOMV-IM311,13H 0-11wo ------------- C? 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SUBJECT: Discussion and Consideration of a Request from South Florida Marine to Amend the Purchase and Development Agreement SUMMARY: On September 27, 2017 the CRA Board approved a Purchase and Development Agreement between the CRA and South Florida Marine, d/b/a BZ Woods Properties, LLC for the property located at 711 N. Federal Highway and was fully executed on October 26, 2017 (see Attachment 1). After several extensions, the property transfer took place at the closing on January 31, 2018. Under the terms of the Purchase and Development Agreement, South Florida Marine was to take ownership of the property, perform extensive renovations to the site and the existing building for the expansion of their existing business located on the adjacent property. As part of the Agreement, the CRA would provide South Florida Marine with reimbursable grant funding up to $25,000 under the Commercial Facade Grant, up to $16,000 under the Commercial Construction Project Incentive Program and up to $25,000 under the Interior Build-out Program (see Attachment 11). In addition to the physical redevelopment of the property, South Florida Marine had pledged to create new marine industry oriented jobs as part of their expansion. For each of those jobs created, South Florida Marine would be eligible to receive a financial benefit. Under the terms of the Agreement, the CRA obligated $50,800 for new full and part-time jobs created within the twenty-four (24) month period from receipt of their Certificate of Occupancy. Using the $50,800 as the maximum funding amount, the funding reimbursement amount would be equal to $4,233.33 for each full-time job created and the funding reimbursement amount would be equal to $2,116.67 for each new part-time job created. On September 11, 2020 and again on October 2, 2020, South Florida Marine owner, Mike Woods, requested the CRA Board's consideration of an Amendment to the terms of the Employee Creation Grant set to expire on November 30, 2021 siting the Covid-19 pandemic as the primary reason they are unable to achieve their new employment goals (see Attachment III). The terms requested under an Amendment are the following: • release of 70% ($35,560) of the grant funding now without being tied to the creation of new jobs. • release of the balance 30% ($15,240) of the grant funding if they fulfill their job creation obligations by the end of November 2021. The CRA Board may consider and approve the request, deny the request, offer an alternative or take no action. FISCAL IMPACT: Proceeds from the sale of the property in the amount of $365,000 will be deposited into the Project Fund. Grant funding will come from FY 17-18 line item, 02-58400-444, Project Fund. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Downtown District and Federal Highway District CRA BOARD OPTIONS: The CRA Board may approve the request, deny the request, offer an alternative, or take no action. ATTACHMENTS: Description D Attachment I - Fully Executed Purchase & Development Agreement D Attachment II - Excerpts from the September 27, 2017 Meeting M inutes D Attachment III - Emailed Extension Request from S. FL Marine PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter °Agreennen1") 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 |O, of the Florida Statutes (hereinafter "SELLER") and BZ WOOD PROPERTIES, LLL, having an address of 725 N. Federal Highway, Boynton Beach, FL 33435' or its affiliated assignee (hereinafter "PUR[HASER"' and together with the SELLER, the ^Partier"). In consideration of TEN DOLLARS AND 00/100 DOLLARS ($10,00) and the mutual covenants and agreements herein set forth, the receipt and sufficiency of which is hereby acknowledged the Parties hereto agree esfollows: l� ERTY SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchaseand acquire from SELLER, on the terms and conditions hereinafter set forth, the real property legally described in Exhibit "A" attached hereto (hereinafter the "Property"), The Parties intend that the purchase and sale and ensuing redevelopment of the Property will be effected in order to reduce and blight and to enable the renovation of the Property located at 711 N Federal Highway, Boynton Beach, FL 33435. The renovation of the Property is for the expansion of an existing business located at 717'725 N. Federal Highway, Boynton Beach, FL (PCN #0843452I3I0000191) The Property will be Used for a new marine dealership, service center and ship to shore store (the "Pro]ect"\ 2� PURCHASE PRICE AND PAYMENT. The Purchase Price for the Property shall be Three Hundred Sixty Five Thousand AND 00/100 DOLLARS ($365,000,00) to be paid in full at Closing, SELLER has complied with Section 16338U' Ronda Statutes, in proceeding with the sale of the Property to PURCHASER. PURCHASER to execute a second mortgage containing the terms and conditions set forth in Paragraph 23 below. I DEPOSIT. PURCHASER shall deposit Seventy Three Thousand and 00/100 DOLLARS, (the "Deposit") within five days of the Effective Date with the SELLER'S escrow agent Lewis, Longman and Walker, P.A. 4, EFFECTIVE DATE, The date of this Agreement (the "Effective Date") shall be the date when the last one of the SELLER and PURCHASER has signed this Agreement, 5. CLOSING, The PURCHASER'S obligation toclose onthe purchase ofthe Property is contingent on obtaining site plan approval frorn SELLER for the use described above. SELLER shall cooperate with PURCHASER in expediting site plan approval so that PURCHASER shall be able to meet the Development Timeline set forth in Paragraph 20 and the Closing Date (hereinafter defined). 6. CLOSING DATE, The Closing shall take place on or before October 31, 2017, at such location towhich the parties may mutually agree in vvritinp PURCHASE AND DEVELOPK4ENTAGREEW1ENT Page Zof28 7, TITLE TO BE CONVEYED, At Closing, SELLER shall convey to PURCHASER, by Special Warranty Deed complying with the requirements of the Tide Commitment (hereinafter definedl, valid, good, marketable and insurable title in fee simple to the Property, free and clear ofany and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the h)UUvving (collectively, the "Perrnitte(Jl Exceptions"): (a' general real estate taxes and special assessments for the year of Closing and subsequont years not yet due and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment o/ shown on the Survey (clehned in Section 103 to which PURCHASER fails to object, or which PURCHASER agrees to accept. 8, INVESTIGATION OF THE PROPERTY For a period of thirty (30) days from Effective Datefthe "Feasibility Period") PURCHASER and PURCHASER'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents") shall have the right, at PURCHASER'S expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonab1e notice to SELLER to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to, Phase I and Phase || environmental investigations, which PURCHASER may deem necessary. During the Feasibility Period,, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this Agreement for any or no reason at all. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall-, U\ leave the Property in substantially the condition existing on the Effective Date., (ii.) 5hoU 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, dennands and liabilities, including, but not limited to, reasonable attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property arising out of PURCHASER'S investigation of the Property, PURCHASER'S obligations tinder this Section shall survive the termination, expiration or Closing ofthis Agreement. 8.1Seller's SELLER shall deliver to PURCHASER the following documents and instruments within five (5) days ofthe Effective Date ofthis Agreement: any existing tide policies, appraisals, copies of any reports or studies (including environmental, engineering, surveys, soil borings and other physical reports) in SELLER'S possession or control with respect to the physical condition of the Property' copies of all permits, authorizations and approvals issued by Governmental Authorities for the Property and any correspondence which discloses claims, allegations or adverse information regarding the Property or SELLER with respect tothe Property. Seller agrees tocooperate with PURCHASER in obtaining reliance letters or certifications in its favor from all providers of previously issued reports and surveys provided SELLER shall not be responsible for any costs associated therewith. PURCHASE AND DEVELOPMENT AGREEMENT Page 3of18 8,2 Title Review. Within thirty (30) days of the Effective Date, SELLER's counsel, as closing agent for the transaction contemplated herein (the "Closing Agent") shall obtain, at the SELLER's expense, fronn a Title Company chosen by SELLER (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 8of the Title Commitment. PURCHASER shall examine the -Title Commitment and deliver written notice to SELLER no later than twenty (20) days after receipt of the Title Commitment notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Objections"), If PURCHASER fails to deliver PURCHASER'S Title Objections to SELLER within the aforesaid review period' title shall be deemed accepted subject to the conditions set forth in the Title Commitment If PURCHASER dnne|y delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days toCure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period'') In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER 'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER 'S sole and absolute discretion, shall have the option of h\ extending the Cure Period and the Closing for one additional thirty (30) day period at no cost to PURCHASER, or (ii) accepting the Tide to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, any Deposits shall be returned to PURCHASER upon demand and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall.have the right to cause the Tide 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 Tide Commitment that are unacceptable to PURCHASER, 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 Tide Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section, 83 Survey Review. PURCHASER, at PURCHASER'S expense' may obtain a current boundary survey (the "Survey") ofthe Property, |f the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions or covenants of this Agreement, or applicable governmental regulations, the same shall constitute atitle defect and shall be governed bythe provisions nfSec1ionlQ.2concerning title objections, 9. CONDITIONS TO CLOSING. PURCHASER shall not beobligated toclose onthe purchase of the Property unless each of the following conditions (collectively, the "Conditions tVUosinQ") are either fulfilled orwaived byPURCHASER inwriting � PURCHASE AND DEVELOPMENT AGREEMENT Page 4ot18 9,1 Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 92 PenclinE Proceedings and Alley Abandonment, At Closing, there shall be no litigation or administrative agency o/ other governmental proceeding of any kind whatsoever involving the Property or the SELLER' pending or threatened, which has riot been disclosed, prior to Closing, and accepted by PURCHASER tandin� the foregoing, PURCHASERachnovv|edg,-.�S that.: SEI isa{dve|ys�ek|n� 10 abandOn the aUeyvVaya�iGC�n1to 6th Avenue. SELLER shaU provide sketch and |ejc.,a| of the ab�ndOnrnent �o PURCHASER priorto closing, Up8n cornp|ednn ofthe abandonrnen�. the abandoned aU-yvvay shall beconveyed toPUR[HASERfor n000nsideration 93 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 asofthe date ofClosing. 9.4 Construction Permit Approval. The SELLER will cooperate with the PURCHASER with regard to signing and processing any applications and forms required by the City or other authorities having jurisdiction over the PROPERTY to obtain building permit approval and such other design and construction documents as may be reasonably required by PURCHASER to permit the Project to be constructed and operated. The PURCHASER will be responsible for all costs associated with the the Project's design and construction as well any and all applicable permit fees associated with the Project. l& CLOSING DOCUMENTS. The SELLER shall prepare, orcause to be prepared and delivered to PURCHASER at least three (3) business days prior to Closing, the Closing Documents set forth in this Section, as well as documents prepared bythe Title Company. At Closing, SELLER shall execute and deliver.. or cause to be executed and delivered to PURCHASER the following documents and instruments: I0.1 SELLER shall furnish a Special Warranty Deed /the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and dear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions' together with such resolutions or other applicable authorizing documents evidencing approval of the transaction by the SELLER's governing body or the Closing Agent and the title Company may require. 102 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 hen |avv' that the SELLER will not record or enter into documents affecting the Property after the last effective date on the Title Commitment, and that there are no parties in possession of the Property other than SELLER. PURCHASE AND DEVELOPMENT AGREEMENT Page 5ot18 SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect tothe Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured Title Objection. 10.3 Closing Statement. Aclosing statement setting forth the Purchase Price, all credits, adjustments and prorationsbetvveen PURCHASER and SELLER' all costs and expenses tobepaid atClosing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at Closing. 10.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions' if any,, other than Permitted Exceptions. 10.5 Additional Documents, Such other documents as SELLER or the Title Company may reasonably request and any other documents required by this Agreement or, reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. ll. . 11,1 Prorations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by proratinnstobemade through the day prior toClosing. Taxes shall beprorated based upon the current year's tax with due allowance made for rnaxinnurn allowable discount. |fClosing occurs ata date when the current year's rniUaOe is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's nniUagc, |fcurrent year's assessment is not available, then taxes will be prorated on prior year's tax A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of the tax bill which discloses an actual difference in the amount of the taxes estimated at Closing that exceeds $500.00 11,2 Closing Costs, SELLER shall pay for documentary stamps on the deed, recording the deed, any cost associated with curing title and acquiring the Owner's Tide Insurance Policy. Purchaser shall pay all other closing expenses including expenses associated with any Mortgagee Title Insurance Policy, Each party shall be responsible for their respective attorneys' fees. 113 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorotinnsset forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver tothe 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 "nnarked-op" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents inthe appropriate public records PURCHASE AND DEVELOPMENT AGREEMENT Page 6of1Q 11.4 Existing Mortgages and Other Liens, At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable toand encumbering the Property, 12. REPRESENTATIONS, COVENANTS AND WARRANTIES. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 1I1 Authority, The execution and delivery ofthis Agreement bySELLER 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 avalid and binding obligation ofSELLER 12.2 Title, SELLER isand will beonthe Closing Date, the owner ofvalid, 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 ofrecord which will bedischarged a1C|odng) 123 Litigation, Otherithan ay othemvise set forth in thisreernent, there are no actions, suits, proceedings or investigations pending or threatened against Seller or the Property affecting any portion ofthe Property, including but not limited tocondemnation actions. 12�4 Parties in Possession. There are no parties other than SELLER in possession or with a right to possession of any portion of the Property, 125 Acts Affecting Property. Frorn and after the Effective Date, SELLER will refrain from (a) performing any grading, excavation, construction, or making any other change or improvement upon or about the Property; (b) creating or incurring, or suffering to exist, any mortgage, lien, pledge, orother encumbrances in any way affecting the Property other than the Permitted Exceptions (including the mortgages, liens, pledges, and other encumbrances existing on the Effective Date) and (c) committing any waste or nuisance upon the Property 11 DEFAULT PRIOR TO CLOSING, 13,1 . In the event that this transaction fails to dose due to a wrongful refusal to dose or default on the part of PURCHASER, SELLER shall be entitled to retain the Deposit and neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER. If PURCHASER is in default as to one or more of the provisions of PURCHASE AND DEVELOPMENT AGREEMENT Page 7nf18 this Agreement , then PURCHASER may request that SELLER grant a reasonable extension to complete the deliverable. Provided PURCHASER has shown a good faith effort to comply said request shall not beunreasonably withheld. |nthe event, PURCHASER fails toperform asherein provided notwithstanding the extension, PURCHASER shall be in default hereunder and treated as provided above, The parties understand and agree that in such instance SELLER shall be entitled to the Deposit in full and final satisfaction of PURCHASER's obligations hereunder, 13.2SELLER'S In the event that SELLER fails to fully and timely to perform any ofits obligations and covenants hereunder or if SELLER is in breach of any representations herein, PURCHASER may, atits option (i) declare SELLER in default under this Agreement in which event PURCHASER may (j) terminate this Agreement, receive back its Deposit and neither party shall have any further rights hereunder or (ii) proceed ioenforce this Agreement byway ofanaction for specific performance, 133 Notice of Default, Prior to declaring a default and exerc1slnQthe 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 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 astoafailure toclose, the cure period shall only bethree /3\ business days from the delivery nfnotice. If the default has not been cured within the aforesaid period, the non-defaulting Party may exercise the remedies described above. 114 Survival. The provisions of this Section 13 shall survive the termination ofthis Agreement. 14. NOTICES, All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: |ftoSeller, Boynton Beach Community Redevelopment Agency Michael Simon, Executive Director 710 N. Federal Highway Boynton Beach, Florida 33435 With e copy to: Kenneth Dodge, Esquire Lewis, Longman & VVa|kcr' P,A. 515 North Flag|p/ Drive, Suite 1580 West Palm Beach, Florida 33401 |ftoPurchaser: Mike and Jana Wood 7J5N. Federal Highway Boynton Beach, FL33435 PURCHASE AND DEVELOPMENT AGREEMENT Page 8of1O With 8copy to: Joel P, Koeppel, Esquire Koeppel LavvGroup. PA, 1,1:) West Pa!nnBeach, F|Dr/da3�4O1 15. The terms and conditions of this Agreement are hereby made binding on, and shall inure tothe benefit of, the successors and permitted assigns of the Parties hereto. PURCHASER may not assign this Agreement without prior written consent of SELLER, which may be withheld in SELLER's sole discretion, provided, however, PURCHASER may assign this Agreement to an entity or trust owned and controlled by Michael and/or Jana Wood and/or immediate family members upon the consent of SELLER, which shall not be unreasonably withheld. It is understood, however, that SELLER may assign its interest to the City of Boynton Beach without the prior written consent of PURCHASER. 16. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, toterminate this Agreement and receive a refund of the Deposit and the parties shall have no further obligations under this Agreement, or PURCHASER may accept the Property without any reduction in the value of the Property together with any insurance proceeds, In the event of the institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior toClosing, o/ inthe event of the taking of any portion of the Property by eminent domain prior to Closing, SELLER shall promptly notify PURCHASER and PURCHASER shall thereafter have the right and option to terminate this Agreement by giving SELLER written notice ofPURCHASER's election to terminate within fifteen (15) days after receipt by PURCHASER of the notice from SELLER, SELLER hereby agrees to furnish PURCHASER with written notice of proposed condemnation within two (2) business days after SELLER's receipt of such notification, Should PURCHASER terminate this Agreement, the Deposit shall immediately be returned to PURCHASER and thereafter the Parties shall be released from their respective obligations and liabilities hereunder, Should PURCHASER elect not tnterminate, the parties hereto shall proceed to Closing and SELLER shall assign all of its right, title and interest inall awards inconnection with such taking to PURCHASER. 17. BROKER FEES. The Parties hereby confirm that neither ofthem has dealt with any broker in connection with the transaction contemplated by this Agreement, Each Party shall indernnihy, defend and hold harmless the other Party from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement, However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28' Florida Statutes, and SELLER PURCHASE AND DEVELOPMENT AGREEMENT Page 9of18 does not otherwise waive its sovereign irnrnunity rights, The provisions of this Section shall survive Closing ortermination ofthis Agreement, 18, ENVIRONMENTAL CONDITIONS, Tothe best ofSELLER'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, 29. DEVELOPMENT AND SALE OF THE PROPERTY. SELLER and PURCHASER acknowledge that the Property is being sold to PURCHASER for the sole purpose of developing a new marine dealership, marine accessory service center and marine retail store. PURCHASER may change the use of the Property after the Closing upon approval of the SELLER, provided such use is in compliance with the then current zoning and land use regulations and further the goals of SELLER as set forth in its current Redevelopment Plan. This provision shall survive dosing 19.1 SELLER Design Approval. The PURCHASER agrees that the SELLER shall have the right to approve of the design of the building and site as a condition of this PURCHASE AND DEVELOPMENT AGREEMENT. The SELLER's approval of the plans and design shall not be unreasonably withheld provided the plans and design meet the criteria set forth and described in the City VfBoynton Beach approved Urban Design Guidelines for Development within the Boynton Beach Community Redevelopment Area. 19] The SELLER shall provide the PURCHASER with the following Boynton Beach Community Redevelopment Agency Economic Development Grants to induce the enhancement and/or expansion of the project: a. Commercial Fagade Grant Purchaser shall be reimbursed up to a rnaxinnurn amount nf $25,0O0with a $25,000 match by Purchaser. Said funds to be reimbursed within thirty (30) days of receiving a Certificate of Occupancy provided Purchaser has timely submitted all required construction cost documentation consistent with the eligible items set forth inthe CRA/sCommercial Fa�adeGrant Program. b. Commercial Construction Project Incentive Program — Purchaser shall be reimbursed the building permit fee of 2.3% of the project cost provided same is less than $250,000 in construction value (as stated on the construction permit application) and 3.3% of the project cost if the construction value exceeds $250,000. Said funds to be reimbursed within thirty (30) days nfreceiving a Certificate of Occupancy provided Purchaser has timely submitted all required construction cost documentation. The reimbursement available under the [ornnnerda| Construction Project Incentive Program pursuant to this paragraph shall not exceed $16,500. C. Interior Build-Out Grant Purchaser to be reimbursed an amount PURCHASE AND DEVELOPMENT AGREEMENT Page 10 of 18 up to $25,000, to be paid on a reimbursement basis within thirty (30) days of the Property receiving a Certificate of Occupancy provided Purchaser has timely submitted all required construction cost documentation, consistent with the eligible items set forth in the CRA's Interior Build-out Grant Program. A $25,000 match is required by the PURCHASER. d. 711 N. Federal Highway Renovation Grant — Purchaser shall be eligible for this grant according to the following formula up to a total of exceed Fifty Thousand Eight Hundred Dollars ($50,800.00): Within twenty-four (24) months from receipt of its Certificate of Occupancy for the Project, PURCHASER shall submit documentation evidencing how many newfull-time (at 40 hours per week) and/or part-time local employees (at 20 hours a week) PURCHASER has hired for employment at the Project. The total amount of the grant reimbursement available to PURCHASER shall be based on the documentation provided by Purchaser and shall be determined at the end of the twenty-four (24) month period by multiplying the total number of new full-time employees hired by Purchaser for the Project by $4,233.33 and the number of new part-time local employees hired by the Purchaser for the Project by $2,116.67 for a total grant award not to exceed Fifty Thousand Eight Hundred Dollars ($50,800.00) to be paid on a reimbursement basis for construction costs associated with the renovation of the Property. PURCHASER is not eligible for reimbursement under this paragraph for any employees hired after the 24 month reporting period expires. Reimbursement shall be made within thirty (30) days of the CRA Board's receipt and approval of the appropriate documentation pursuant to this paragraph. 20. Development Timeline. In order to ensure that the public purpose is being met, the following events must be documented in writing and provided to the SELLER upon completion of each event. Time is calculated from the Effective Date. a. Submission of Major Site Plan Application documents to the City of Boynton Beach within sixty (60) days after the final approval of the design and site plan by the CRA as set forth in Paragraph 19.1, whichever is later. b. Submission of Construction Permit Application to the City of Boynton Beach within ninety (90) days of the Major Site Plan approval date (if applicable). C. Commencement of construction within ninety (90) days of the Building Permit approval date. d. Certificate of Occupancy to be provided within Two Hundred Eighty (280) days from the Commencement of Construction Date, unless extended by force majeure or circumstances beyond the Purchaser's control and approved by SELLER, or extended as otherwise permitted in this Agreement. e. Purchaser shall diligently pursue and use all reasonable efforts to obtain all 00858592-1 PURCHASE AND DEVELOPMENT AGREEMENT Page 11of18 necessary approvals for the construction and development of the Project. Upon receipt of the building permit for the Project from the City, PURCHASER shall diligently pursue completion of construction of the project. 20.1 Pefault after Closing. If Purchaser fails is not in compliance with one or more of the provisions of this Agreement and/or if the development timeline outlined herein is not strictly met, and PURCHASER has not provided SELLER with a written notice explaining the reason or circumstances not under the control of PURCHASER that have prevented PURCHASER from meeting the timeline, and SELLER has not agreed in writing to the same then the PURCHASER may provide a written request to SELLER to be granted g reasonable extension tocomplete the deliverable. Provided PURCHASER has shown agood faith effort tocomply, said extension request shall not be unreasonably withheld, In the event PURCHASER fails to perform as herein provided notwithstanding the extension, PURCHASER shall be required to reconvey the Property tothe SELLER (as set forth in paragraph 31 below), this Agreement shall be terminated, and SELLER shall be released from any and all obligations under this Agreement. SELLER agrees to work reasonably with PURCHASER in achieving the timeframes set forth above, but PURCHASER and SELLER agree that time isofthe essence. 21. PROPERTY REVERTER CLAUSE. The deed of conveyance shall contain o reverter clause that shall run with the Property( requiring the Property to be recnnveyed10 SELLER by quit claim deed should PURCHASER default in not timely constructing the intended use described above. In such event the Purchase Price set forth above, and the documented costs of improvements and expenses expended by PURCHASER in the development of the Property shall be reimbursed to PURCHASER. To carryout the terms of this paragraph, PURCHASER shall execute a reverter agreement in the form set forth on Exhibit "8" 22. RIGHT OF FIRST REFUSAL. In consideration for the incentives provided herein. PURCHASER hereby grants toSELLER a Right ofFirst Refusal which shall be in full force and effect for a period of Ten (10) years from the date of closing. The essential terms and conditions ofthis right shall beasfollows: U\ If Purchaser receives an offer to purchase the Property pursuant to a written contract or letter of intent, Purchaser shall give Seller notice of the offer by delivering a copy ofthe contract orletter nfintent toSeller /"Notice"\. (i i) Within ten (]O) days of receipt of the Notice, 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 (lO) days after receipt of the Notice, deliver to Purchaser an agreement to purchase the Property on the same terms as set forth in the Notice including the delivery of deposit (if applicable) and upon receipt by the Purchaser nfthe foregoing from the Seller, Purchaser and Seller shall enter into a Purchase and Sale Agreement pursuant to the same terms and a085Kqz1 PURCHASE AND DEVELOPMENT AGREEMENT Page l2ofl8 conditions asthe Notice. (i i) |fSeller fails to exercise or waive its right of first refusal in accordance with the terms and conditions stated herein, within ten (lU) days after receipt of the Notice, then Seller's right nffirst refusal shall bedeemed tnhave been waived. 21 SECOND MORTGAGE. At Closing PURCHASER shall execute a Second Mortgage in the amount of Three Hundred Seventy-Seven Thousand 'Three Hundred Dollars ($377,300.00) that will be recorded in the Public Records, This Second Mortgage shall bear no interest or require periodic payment. The principal amount of the Note shall be reduced by twenty percent /2096\ on each anniversary of the Closing beginning on year six (G) of the term and shall automatically terminate (without payment) on October 31, 2027' provided PURCHASER hes not sold the Property to a third party. It is understood by the Parties that the intent of this provision is for SELLER to be reimbursed for the discounted Purchase Price and economic incentives provided to PURCHASER in the event of sale within this IOyear term, 24. MISCELLANEOUS. 34.1 General. This Agreement, and any amendment hereto, may beexecuted in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified No modification or amendment of this Agreement shall be ofany force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating tothe 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 )urisdiction only, in the United States District Court for the Southern District Court of Florida 242 Computation of Time, Any reference he/em 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 orlegal holiday shall extend to 5:00 pnn 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 inthe calculation thereof. 243 Waiver, Neither the failure of party to insist upon strict performance Of any of the terms, provisions, covenants, agreements and conditions hereof, nor the PURCHASE AND DEVELOPMENT AGREEMENT Page 13of18 acceptance of any item by e party with knowledge of breach of this Agreenoen1 by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights orremedies that aparty may have orawaiver ofany subsequent breach ordefault in any ofsuch terms, provisions, covenants, agreennents or, conditions, This paragraph shall survive termination ofthis Agreement and the Closing 24,4 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. 24,5 SeverabilitV, 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 app|ication 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 ofthis Agreement, 24�6 Handwritten Provisions, Handwritten provisions inserted in this Agreement and initialed by SELLER and PURCHASER shall control all printed provisions in conflict therewith. 24J Waiver of Jury Trial. Asaninducement toPURCHASER agreeing toenter 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 toany matter whatsoever arising out oforinany way connected with this Agreement 24,8 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 atthe appellate level, shall beawarded tothe prevailing party. 24.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf ofthe PURCHASER and SELLER has full right and |ovvfu| authority to execute this Agreement and to bind and obligate the party for vvhorn or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 24,10 No Recording. This Agreement shall not be recorded in the Public Records ofPalm Beach County, Florida. PURCHASE AND DEVELOPMENT AGREEMENT Page 14ot18 24�11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording ofthe Deed and PURCHASER'S possession ofthe Property, 24.12 PURCHASER Attorneys' PURCHASER acknowledges and agrees that PURCHASER shall be responsible for its own attorneys' fees and all costs, if any, incurred by PURCHASER in connection with the transaction contemplated bythis Agreement. 24.I3 Public Records. SELLER is public agency subject toChapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law Specifically, the PURCHASER shall: a. Keep and maintain pubUc records that ordinarily and necessarily would berequired bythe SELLER inconnection with this Agreement; b, Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and ata cost that does not exceed those provided in Chapter 119' Fla. Stat, orasotherwise provided by law; C, Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law, and d Meet all requirements for retaining and providing public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electron icaUy rnust be provided tothe SELLER in a format that is compatible with the information technology systems of the SELLER SELLER shall, upon request, provide guidance to PURCHASER astothe public records keeping and reporting duties that are imposed upon PURCHASER as provided above and shall take all steps reasonably required to assist PURCHASER in not violating them. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach ofthis Agreement. If PURCHASER fails to cure the default within seven (7) days` notice from the SELLER, the SELLER may terminate the Agreement, IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. SIGNATURE PAGE FOLLOWS PUR[MA5FANUD|VKOPV(N| A6Ki|M|N| Page l5ofl8 PURCHASER: SELLER: BZWOOD PRDPERT|[S' U[ 8OYNTONBEACH COMMUNITY REDEVELOPMENT �� Printed Name: '/ Printed Name: S\e��en8 Grant Tide: Title: Chairman Date: ZILZ Oate: PURCHASE AND DEVELOPMENT AGREEMENT Page 15 of 18 PURCHASER: SELLER: BZ WOOD PROPERTIES, LLC BOYNTON BEACH COMMUNITY REDEY' MENS NCY a Printed Name: 1i�e / f/Printed Name: Ste en B. Grant Title: -1 Title: Chairman a ` Date: Date: d WITNESS WITNESS: 1 �� Printed Name: `" '� Printe Name: qoN _ l Ll E- WITNESS: WIT SS: f Printed Name: � $ t � Printed Name: f �{� �('� � z Approved as to form and legal sufficiency: CRA Attorney 00858592-1 PURCHASE AND DEVELOPMEN F AGREEMENT Page 16 of 18 EXHIBIT A LEGAL DESCRIPTION TBD once final survey for ROW is determined. PCN #08-43-45-21-31-000-0192 00858592-1 PURCHASE AND DEVELOPMENT-AGREEMENT Page l7of18 EXHIBIT B REVERTER AGREEMENT This REVERTER AGREEMENT is dated as of this day of 2017, by and between the B[)YNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the "SELLER") and BZWOOD PROPERTIES, LLC (the "PUR[HASER"). RECITALS A. The SELLER has conveyed to the PURCHASER that certain real estate described on Exhibit "A" attached hereto (the "Property") pursuant to a Deed of even date herewith between the SELLER and PURCHASER. B. The PURCHASER has agreed tnconstruct certain Improvements nnthe Property in accordance with the guidelines and criteria set forth in the Purchase and Development Agreement ("Agreennent'') executed bythe Parties. C. The Deed shall provide that if the PURCHASER does not timely construct the Improvements asset forth in this Agreement, then the Property shall revert to the SELLER. D. Further, the Deed shall provide that if the PURCHASER fails to keep the completed facilities operational for any nine (9) month period and/or if the Property is not used for a CRA approved use (the approval of which shall not be unreasonably withheld), the Property shall revert tothe SELLER. NOW THEREFORE, in consideration of the transfer of the Property to the PURCHASER and other consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. PURCHASER agrees at its sole cost and expense tocomplete the construction of the Improvements in accordance with the terms and timeframes set forth in the Agreement. 2. In the event the Improvements are not dnne|y completed (unless extended pursuant to the terms of the Agreement), the Property shall revert to and thereafter become fee simple real estate owned by the SELLER. Within 30 days of the written request of the SELLER, the PURCHASER will provide aquit claim deed to the Property inform and substance acceptable tothe SELLER evidencing the reconveyance ofthe Property. 3. During the construction of the Improvements, PURCHASER will not place any additional liens or encumbrances on the Property except as consented to by the SELLER. In that regard, the SELLER agrees not to unreasonably withhold its consent to any construction loan PURCHASE AND DEVELOPMENT AGREEMENT Page 18 of 18 financed with a commercial bank or similar lender intended to fund the construction and development of the Improvements. In such an event, the SELLER will enter into a Subordination Agreement satisfactory to such lender. Upon completion of the Improvements satisfactory to the SELLER, the SELLER agrees to record a release of the reverter rights described herein. This Agreement shall be binding upon the parties hereto and shall be binding upon and inure to the benefit of their successors and assigns. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. This Agreement may only be modified or amended by a written agreement signed by authorized representatives of the parties hereto. WITNESS the following signatures as of the year and date first above written. PURCHASER: SELLER: BZ WOOD PROPERTIES, LLC BOYNTON BEACH COMMUNITY REDEVELOPMENT NCY Printed Name: Lf J V� &/C/Oi Printed Name: Ste en B. Grant Title: O t L Title: Chairman Date: U l LDate: 0 0 2-(e- 1 00858592-1 Meeting Minutes CRA Board Boynton Beach, Florida September 27, 2017 State for assistance. Staff has some ideas for sponsors/donors in their efforts to fundraise regarding building maintenance. He explained the closing for the property would take place on the 29th if approved. Motion Vice Chair Katz moved the CRA move forward with acquisition. Ms. Romelus seconded the motion that unanimously passed. B. Consideration of Purchase and Development Agreement for the CRA Owned Property located at 711 N. Federal Highway to South Florida Marine, d/b/a BZ Woods Properties, LLC Mr. Simon explained this item was heard in August and the contract was included in the meeting backup as was an outline of the important terms. The purchase was $365,000. The Woods would provide a deposit of $73,000 and the amount of Commercial development grant funding assistance will not exceed $117,000. The closing date is October 31st. The major site plan application would be submitted 60 days after the design approval of the site plan is given, and the permit appiication would be made 90 days after the site plan approval. Com men cem ent/construction Would start 120 days after permit approval, and then 180 days to finish. There is a reverter clause and a first right of refusal.. The Board approved the second mortgage clause at the August meeting with 10-year stipulated time period resulting in no reduction during the first five years in the amount of second mortgage protection. There would be an offset in the value of the purchase price from years six to ten and the amount would be reduced by 20% a year. The Woods requested the Board reconsider their first request to allow the 10% reduction in the second mortgage for each year during the 10 years or consider no reduction for the first two years and a 12.5% reduction for years three to 10. Another request is for the Board to consider a slight change to the requirement for them to create 12 jobs they feel their project will create over the 10-year period. The Woods agree to all else in the contract. Chair Grant asked about the Board's recourse. Attorney Duhy identified the default language contained in paragraph 20.1. Chair Grant asked about 19.2 D of the contract which pertained to the renovation grant and further noted the CRA did not state if the positions were full time or if it was more outreach to try to hire employees, student interns or part-time workers. When the Woods were selected, it was not as clear and staff did not feel they could alter the requirement without Board direction. The Board could leave it open-ended or make it more specific. Chair Grant favored hiring 12 local employees and asked the Board if unpaid internships were satisfactory. Mr. Casello felt 12 positions were promised and that is how many should be hired. Vice Chair Katz recalled the Board selected the Woods based on their proposal and accepted a bid for $150,000 less. They accepted an offer and negotiated terms. He thought the Board should approve the contract as designed and thought it deviated from the process by taking a lesser offer by hedging on their promises. Employee means the person is paid. Part time is 30 hours or less. Vice Chair Katz wanted 12 real jobs created. He did not think a change to the 6 Meeting Minutes CRA Board Boynton Beach, Florida September 27, 2017 second mortgage clause was fair. He would move to approve conditions as agreed on as drafted by the CRA. Mr. Simon noted the outreach efforts for the hiring of 12 local employees was intended to be over the course of the second mortgage and asked if the Board wanted a time frame. If they hire six employees, within 30 days of receiving their certificate of occupancy, they can provide the funds on a percentage basis of the 12 employees. When they have the full 12 employees, they would receive the full amount. The timeline is at the Board's discretion. Vice Chair Katz noted it takes time to find 12 people and the need was stated. He favored 8 to 12 months to hire the individuals. Chair Grant commented there was a 12-month deadline and asked about the percentage. He asked, if they hired six employees at the beginning, if they would receive 50% of the renovation grant reimbursement. Vice Chair Katz asked if the 12 position would need to continue to exist until a time certain. Attorney Duhy suggested a timeline be concurrent with the second mortgage time-period. Attorney Duhy suggested dividing the $50,800 by 12 positions to determine a reimbursement value for each position. Mr. Simon referred the Board to Attachment 1. Mike Wood, 725 N Federal Highway, explained he intended to hire 12 employees in two to three years. He could not hire 12 employees right off the bat. They have to keep growing to be able to pay the salary. Mr. Simon recalled Mr. Woods talked about reaching out to South Tech and other institutions to develop some type of a training program. He asked if that was still under consideration and learned it was. He has been speaking with South Tech regarding the Outboard 9 motors,which is what they need to continue their growth. The Inboard 9 motor is more of an automotive repair shop. South Tech is where they will go as soon as they receive their certification, but they had asked for more land for the Mercury franchise as they have to have so many motors on the premises. Mr. Casello thought each position has a monetary value and as filled, the CRA should release the funds up until the time the second mortgage is satisfied. Chair Grant agreed. Ms. Romelus asked how the amount was paid. Attorney Duhy recommended language consistent with the release of the second mortgage. The Board can require a report that complies with the provisions to prove out and then release the funds. Mr. Simon thought, similar to a TIF agreement, the purchaser would provide documentation of the new hires on the annual date of their Certificate of Occupancy. If two people were hired the first year, they would be reimbursed for two employees and then at the next anniversary, if two more were hired, funds for two more employees would be released. Ms. Romelus asked how a renovation grant related to employees and learned the funds did not fall into a particular program and was an additional request by the applicant, so staff kept the program grants the same and created an additional incentive, which can be tied to the jobs. Attorney Duhy suggested defining what the employment opportunity would be. There was discussion about training programs that could qualify. 7 Meeting Minutes CRA Board Boynton Beach, Florida September 27, 2017 Ms. Romelus was amenable with 12 jobs spread out each year with the Certificate of Occupancy renewal. There would be an update and then reimburse the Woods based on the number of new hires. She was flexible with the type of hiring, maybe having six full time and six part-time jobs, but it has to be paid employment and not a volunteer or intern program. Mr. Casello asked what would occur if they did not reach 12 employees, and learned then the Woods would not be reimbursed. He thought a 12 to 18 months to hire someone was appropriate. Chair Grant and Ms. Romelus favored 24 months. The reimbursement rate, per job, was $4,233. Vice Chair Katz thought part time was okay at a partial reimbursement. A full-time employee would get $4,233 and a part-time hire should be half. He did not favor anything beyond 24 months and did not think that a portion of the positions were estimates based on anticipation of growth. He thought the new facility would require the new positions. Ms. Romelus did not want to put too much pressure on business owners, as economic downturns occur and it is not the fault of the business owner. They never asked if they were full or part-time jobs. She did not want to ration the funds based on the type of employment given, she wanted to leave reimbursement at $4,233 per hire regardless of part or full time. Chair Grant agreed. Students from South Tech go to school during the day and cannot be full-time employees. Vice Chair Katz wanted payment to be commensurate with whether it was full time or part time and favored giving 24 months to comply. He felt the details were part of the sales pitch, and now just before signing, Mr. Woods was changing the terms of the contract. He wanted the contract to have teeth. Chair Grant supported the jobs being six full and six part-time jobs. Mr. Casello agreed but wanted the positions to be reimbursed commensurately with the full and half amounts. Mr. Casello also noted there was damage during the hurricane and some windows were broken. He asked if there was insurance on the building and learned there was. The CRA is self-insured and the front windows are not that expensive. Once replaced, the CRA can credit the Woods at closing for the value if they were going to replace the windows with superior windows or the CRA can escrow the amount of the repair if they were not and let them handle it during construction. Chair Grant requested a motion for consensus. Motion Vice Chair Katz moved to approve there would be no less than six full-time positions with the remaining six being part time, with part time being defined as a paid position with a minimum of 20 hours a week. The full-time hire gets the full allocation and the part time positions receive a half allocation, and to permit 24 months to have 12 positions filled. He asked what would occur if only eight positions were hired and learned they would not recoup the funds for them. 8 Meeting Minutes CRA Board Boynton Beach, Florida September 27, 2017 Vice Chair Katz revised his motion to include what he previously moved, if the 12 positions are not created by the 24-month period, then no additional funds can be obtained. Chair Grant clarified if he hired 3 full-time and 3 park time positions after the first year, they would receive $4,233 each for the three full-time positions and half the reimbursement rate for the three part time positions. Attorney Duhy explained the purchaser has the ability to meet the requirement, if not in the first year, then in the second year, Vote Mr. Casello seconded the motion that passed 3-1, (Ms. Romelus dissenting.) Chair Grant requested a motion changing the allocation for the second mortgage to after year six, to forgiving 20% a year to year 10, to 10% a year, or to 12.5% after the second year. Chair Grant favored the original agreement. Chair Grant asked for the Board's input. There were no objections and Chair Grant declared whatever was in the contract stood. Chair Grant requested a motion to approve the consideration of the purchase and development agreement located at 711 N. Federal Highway as amended; Motion Vice Chair Katz moved to approve as amended. Mr. Casello seconded the motion that unanimously passed. D. Consideration of the Purchase and Development Agreement with Heartfelt Florida Housing of South Palm Beach County Community Land Trust Inc. (Habitat for Humanity) for the CRA Owned Property Located at 117 W. Martin Luther King, Jr. Boulevard Mr. Simon presented the item and explained they sent the letter in June and proper notices were issued. The Notice of Intent to dispose of the property for less than fair market value was heard by the City Commission and approved. The Board only needs to execute the contract for a single-family affordable home within the Model Block project area. Mohamed Abdalla, 181 SE 5t" Avenue, Delray Beach, Senior Director, Government and Community Affairs, thanked the Board for their donation and assisting Habitat for Humanity to enhance the community. Chair Grant noted the home is between a church on Seacrest and multi-family homes. He asked if there would be a security fence. Mr. Abdalla agreed to ask the contractor and would get back to him. Mr. Casello asked if there was a family in mind and learned they have a family ready, but he did not know if 9 10� �� r"`° mr mvvwr=w REACH N « Please be advised that Florida has broad public records law and all correspondence to me via email may besubject t( disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may besubject topublic disclosure. Begin forwarded message: From: "Mike Wood" > Subject: RE: Employee Grant money for South Florida Mastercraft Date:October l 2020at2:11:02 PM EDT To: rants LW.bbfius Cc: "Last name, First nanme" HiCRA Board members, I wanted to clarify some on what we are asking for regarding the Employee Grant, because we have only 3 months until this grant expires and with these unprecedented times we are facing.We at South Florida Marine and our employees all feel that we need the space and area (6 feet apart)to stay heathly and and continue to stay in business.Adding more employees at this time,would only cause the possibility of exposure to Covid.As we check temperatures of our employees and tell them to stay home if they dont feel well,we know there is sill a risk of exposure without these symptoms.At this time we are taking all the precaution to keep are employees and customers safe and this means, each employee taking onmore responsibilities such aacleaning and disinfecting everything inour dealership. We would like to offer more jobs after things get back to the new normal.When the time comes,we will bring innew employees,young graduates and such toteach them new skills. Exactly what I am asking for is this: a new agreement that allows us to be able to use some of the monies allocated to keep the employees we have and keep our customers safe. VVeare asking for 7OY6 ofthe grant monies, and then the other 3096inone year, ifvvedowhat vvesaid with hiring new employees by that time(Nov. 2021).We will sponsor a workshop to hire new Boynton residents next summer ifthe pandennicisunder control. 5 Thank you, Mike Wood South Florida Marine 725N. Federal Hwy. Boynton Beach Fl. 33435 Tel: (5G1)-7S7-9423 Fax ]SG1)-737-lS1O website— Wewould like you feedback at Get out onthe Water Tnday!!! -----Original Message--- Fmmmm: "Mike Wood" Date:OQ/11/ZO2O11:18AM To: "Last name, First name" CC: "Last name, First name" "Last name, First name" Subject: RE: Employee Grant money fro South Florida K8aotercraft Hello everyone, I hope everyone is feeling and doing well.We at South Florida Marine have been lucky, safe and healthy VVewould like totalk about the$5U,QO0.00grant xvewere given for employment back in2O18.Since vve purchased the 7l1property, |feel vxehave done everything xvesaid vvewere going todoand more, except hire more employees and that has all todowith Corona. VVehave all taken unmore roles and been e lot safer and made changes on how xve work everyday.With that being said, we are not feeling safe with hiring more people due to the amount of room we have to be safe when customers come in. VVehope that times change and xvecan begin 1uhire again. South Florida Marine isafamily owned business and xvetreat our employees like family. When vxehire someone,they become part ofour family and would never want to let anyone go due to this Pandemic.We are proud that we never had to let anyone gothrough all this, but hiring onnew employees isnot safe for our current employees and customers. So at this time, we are asking for the employee Grant money that was allocated for ussn that vvecan a||oxv us to continue to improve, improve the City ofBoynton Beach and keep are employees heathy and strong! Please let usknow ifyou need anything from us. Thank you, Mike Wood b South Florida Marine 725N. Federal Hwy. Boynton Beach Fl. 33435 Tel: (561)-737-9423 Fax :(561)-737-151O website— Wewould like you feedback at Get out onthe VVaterToday!!! South Florida Marine 725N. Federal Hwy. Boynton Beach Fl. 33435 Tel: (S61)'737-9423 Fax :(561)-737-1S1O website— Wewould like you feedback at Get out onthe VVaterToday!!| ] Simon, Michael From: Simon, Michael Sent: Friday, October 9, 2020 12:32 PM To: Mike Wood;jana@southfloridamarine.com Cc: Nicklien, Bonnie; Shutt, Thuy Subject: RE: Employee Grant money for South Florida Mastercraft Good morning Mike: Thank you, my family is well and I hope the same for yours. We will place your item on the November agenda and get with you before the agenda is written to discuss the item further. Thank you and have a great weekend. From: Mike Wood <mike@southfloridamarine.com> Sent: Friday, October 9,2020 9:12 AM To:Simon, Michael<SimonM@bbfl.us> Subject: RE: Employee Grant money for South Florida Mastercraft Hi Mike Hope all is good with you and the family. Yes I would if we can but on the nov 10 How do we do that are we allow in to the meeting or do we call etc? Thank you, Mike Wood South Florida Marine 725 N. Federal Hwy. Boynton Beach FI. 33435 Tel: (561)-737-9423 Fax:(561)-737-1510 website--www.southfloridamarine.com We would like you feedback at https://www,yglp.com/bi?/south-florida rnar : neon-Keach Get out on the Water TodayM -----Original Message----- From: "Simon, Michael" [SimonM@bbfl.us] Date: 10/09/2020 08:59 AM To:"LqC southfloridarnauine.co "<ianaCcDsouthfluridar arine,coryr>, "mike outhfloridarnarine.c m" <mail< t�c� c��rhflridamarine. om> CC "Nicklien, Bonnie"<Nicklien6 _ fl,us>, "Shutt,Thuy" <ShuttTbfl.us> Subject: RE: Employee Grant money for South Florida Mastercraft Good morning Jana: The agenda for the October 13th CRA Board meeting has been closed. Please let me know if you would like to present the item discussed in your email(s) below to the Board at their November 10, 2020 meeting and I will add it to the Future Agenda items. Thank you and do not hesitate to contact me with any questions regarding this item. Michael l Sirion, FRA-RA, CHP, LRES Executive Director Boynton Beach Community devel me'rit Agency 100 E. Ocean Ave. Boynton Beach, Florida 33435 561-600-9091 561-737-3258 r SirnonM@bbfl.us htt -//www.boyntonbeachcraxorn t BOYN 0"AM B RA t r COMMUNP REDEVELOPMENTy America's Gateway to the Gutfstream 2 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: Simon, Michael Sent:Thursday,October 8, 2020 4:48 PM To:ia_Qg@southfloridamarine.com Cc: Nicklien, Bonnie<Nkkpg�ni3 bbfl�u >; Shutt,Thuy<shuttt@bbfLus> Subject: FW: Employee Grant money for South Florida Mastercraft Importance: High Hello Jana: Please see the email below and let me know the answer as soon as you can. Thank you. From: Simon, Michael Sent:Wednesday,October 7,202011:28 AM o: ., mike (mike @southfloridamarine.com)<ryiike@sotithfioridainarine.com> Cc:Shutt,Thuy<shuttt2bbfi.us>; Nicklien, Bonnie<NicklienB@bbfi.us> Subject: FW: Employee Grant money for South Florida Mastercraft Importance: High Good morning Mike and Jana: CRA Board member Romelus forwarded the emails below that you sent to the individual Board members as she saw that I wasn't copied on your email. 3 Is this an item that you are requesting be presented to the CRA Board at a future meeting for their consideration? If so, please let me know whether or not you want to go before the Board at their October 13' meeting or their November 10th meeting. I will need to know by the end of the day today if you are requesting to be added to the October 13th agenda. Thank you. From: Romelus,Christina Sent:Tuesday,October 6,2020 5:08 PM To:Simon, Michael<SimonM@bbfl.us> Subject: Fwd: Employee Grant money for South Florida Mastercraft Mike, Not sure if you received this but please add to the agenda for our next meeting. Christina Romelus City Commissioner- District III City Commission Mailing Address: P.O. Box 310 Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. Boynton Beach, Florida 33435 561-742-6010 KR. RomelusC@bbfl.us Boynton-beach.org/ 1199 13 4 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: November 10, 2020 OLD BUSINESS AGENDAITEM: 15.C. SUBJECT: Discussion and Consideration of a Letter of Intent from Ocean Avenue Residences and Shoppes, LLC forthe CRA Owned Property Located at 115 N. Federal Highway SUMMARY: On August 4, 2020, the CRA received a Letter of Intent (LOI) from Ocean Avenue Residences and Shoppes, LLC to purchase and develop the CRA owned parcels located at 115 N. Federal Highway (see Attachments I - 11). After purchasing the property in May 2018 for $3 Million, the CRA leased the building to the City for use as the temporary library during construction of the now completed Town Square project. The LOI proposes to acquire the CRA owned parcels for the appraised value and to create an urban mixed-use project consisting of 229 residential units, 18,000 square feet of commercial space and 544 parking spaces with the ability for the CRA to add public parking spaces to the garage structure if so desired. While the LOI does not currently include any of the adjacent privately owned properties, it does describe their willingness to incorporate these parcels into the proposed development if all parties are in agreement. At their August 11, 2020 meeting, the CRA Board concluded discussions with Ocean Avenue Residences and Shoppes, LLC. and agreed to issue a ninety (90) day Public Notice to Dispose thereby providing other interested parties, if any, sufficient time to submit competing LO Is for the acquisition and development of the parcels. The Public Notice period ends at 5:00 p.m. on November 16, 2020. As of the date of this meeting, the CRA has not received any additional LOI s. During the Board's October 13, 2020, meeting, an item was added to the agenda to discuss the CRA owned parcels located at 115 N. Federal Highway and the importance of a future train station, public parking and the proposed project's impact on the adjacent properties with possible consideration given to having those properties included within the proposed development. In an attempt to assist the CRA Board with further discussions concerning the redevelopment of the CRA owned parcels as well as the Board's interest to incorporate additional parcels into a future project, staff has provided a non-CRA owned/private property information map and a map of adjacent redevelopment projects for use by the Board (see Attachments I I I & IV). FISCAL IMPACT: To be determined by the CRA Board. CRA PLAN/PROJECT/PROGRAM: 2016 Community Redevelopment Plan CRA BOARD OPTIONS: No action is required at the present time unless otherwise determined by the CRA Board. ATTACHMENTS: Description D Attachment I -Aerial Map - 115 N. 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N 'O 'O Ln 01 L: 01 ..2 2 O . . . 01 'n 01 'n � w w mw w m w w m w w m w w m w w m d c w 4 3 vv 3 v v 3 v v 3 v v 3 v v a t V O ¢ w ¢ O ¢ w ¢ O ¢ w ¢ O ¢ w ¢ O ¢ w ¢ O U ¢ w Mi L t ` +n t~7 •� t `� � rite I��� ��N�• � Sl r ti LQ o a) CL �e t - - F r �2U��4 k�tF tUl � r 4ON4-4 E` s wu Cl 3 , co d Q 1 ' x" {fir„ Mc. PUV =,F n, © Lfy v � s. C �r 5 a l t k ce o a n m N a. {I 4 tr a #i' PZ kC] i 1{ 4 H { Cll - 11 mg�amwkdm i I 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: November 10, 2020 OLD BUSINESS AGENDAITEM: 15.D. SUBJECT: Discussion of the Tentative Schedule for the Review of the Cottage District Infill Housing Redevelopment Project Development Proposals SUMMARY: The CRA owned vacant parcels identified as the Cottage District Project site total approximately 4.3 acres and is located in the block between N. Seacrest Boulevard and NE 1st Street and NE 4th and NE 5th Avenues (see Attachment 1). It has long been thought that the best use for the site would be owner-occupied, single family detached, workforce-affordable homes or a mix of detached homes and townhouse style attached units under fee-simple ownership. This proposed housing concept was previously supported and proposed by the CRA in the May 2018 in a Request for Proposals and Developer Qualifications. On August 11, 2020, the CRA Board approved the issuance of the Cottage District Infill Housing RFP/RFQ (see Attachment 11) for the development of owner-occupied, single family detached, workforce-affordable homes or a mix of detached homes and townhouse style attached units under fee-simple ownership. The CRA received five proposals by the October 23, 2020 submission deadline and are currently being reviewed by staff. Based on the previous direction of the CRA Board, under RFP/RFQ Section 16, Tentative Schedule, the proposals would be presented to the CRA Advisory Board (CRAAB) "before" they are presented to the CRA Board. CRA staff and legal counsel would like to request that the CRA Board consider amending the RFP/RFQ tentative schedule to reverse this presentation flow thereby allowing the presentations to be heard by the CRA Board "before" they are presented to the CRAAB. If the amended schedule is supported by the CRA Board, the proposals would be presented at the December 8, 2020 CRA Board meeting and would be presented to the CRAAB at their January 7, 2021 meeting. This would be consistent with previous land disposal RFP/RFQs proceedings similar to the Ocean Breeze East, 2018 Cottage District RFP/RFQ, and MLK Jr. Boulevard Corridor Mixed Use RFP/RFQ projects. FISCAL IMPACT: FY2020-21 Budget, Project Fund, Line Item 02-58200-406 (Cottage District Project), $385,825 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve amending the Cottage District Infill Housing RFP/RFQ's tentative schedule to have the development proposals presented to the CRA Board "before" they are presented to the CRAAB. 2. Do not approve amending the Cottage District I nfill Housing RFP/RFQ's tentative schedule to have the development proposals presented to the CRA Board "before" they are presented to the CRAAB. 3. Other options as discussed by the CRA Board. ATTACHMENTS: Description D Attachment I -Cottage District Boundary Map D Attachment II -2020 Cottage District Infill Housing RFP/RFQ cap � r cz T l LO M i$ O Q N c� '^ N v r a O � ~ N � � O .V O N I N O Al MAL ' � V 44; � 775 V '� f� 61, 1 B Toi ,OYN =BEACH SiF RA BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS AND DEVELOPER QUALIFICATIONS COTTAGE DISTRICT INFILL HOUSING REDEVELOPMENT PROJECT Location: Between N.E. 4th and N.E. 5th Avenues and N. Seacrest Boulevard and N.E. 1st Street Boynton Beach, Florida Issue Date: August 17, 2020 Submittal Date: October 23, 2020, no later than 3:00 p.m. (EST) �' r� 1tjf 1lF 4 f � f am r }{� � sfs 7 �r t� i ssi r et ---------------- t s 01353549-2 Page 1 of 36 The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing a Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment of the BBCRA-owned properties within the Heart of Boynton District. These properties, collectively known as the Cottage District Infill Housing Redevelopment Project Site, are located between N.E. 4th and N.E. 5th Avenues and N. Seacrest Boulevard and N.E. 1St Street,Boynton Beach,Florida(the"property"or"Project property"). The BBCRA will accept sealed proposals at its office located at 100 E. Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 ON OR BEFORE October 23, 2020, no later than 3:00 p.m. Eastern Standard Time,as determined by the time stamp or clock at the BBCRA's reception area. Proposals to this RFP/RFQ(proposals) received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. All proposals will be date and time stamped by the BBCRA. Faxed or emailed Proposals will NOT BE ACCEPTED FOR CONSIDERATION. The RFP/RFQ documents, including all related attachments must be obtained from the BBCRA office or website at www.boyntonbeachcra.co (Click RFPs/RFQs/ITBs Tab on right hand side). 1. Community and Economic Setting The City of Boynton Beach (City),with a population of 72,000,is the third largest city in Palm Beach County, Florida. It is located approximately 45 miles north of Miami and 15 miles south of West Palm Beach.This puts it in the heart of southeast Florida's rapidly growing tri- county Miami-Dade/Broward/Palm Beach Metropolitan area. Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 (I-95) and the Florida Turnpike.It also has a market of more than 6 million people within a two-hour radius and ready access to three international airports, two major rail lines, as well as the Tri-Rail regional commuter rail system. The Heart of Boynton District is bounded by I-95 to the west, Federal Highway to the east, the Boynton Beach Canal (C-16) to the north and Boynton Beach Boulevard to the south. Seacrest Boulevard runs north-south through the center of the community. Over the past 14 years there has been approximately$100 million of public investment into the Heart of Boynton and Cultural Districts in furtherance of the 2016 Boynton Beach Community Redevelopment Plan ("BBCRA Plan") with respect to property acquisition, infrastructure improvements, parks, construction of new affordable housing and rehabilitation of existing homes. Some of the projects are: • The City completed the redevelopment of the Carolyn Sims Center and Denson Pool for a total of$10 million in 2006. The Center is located at NW 12th Avenue and is the center of neighborhood activities. 01353549-2 Page 2 of 36 • The City invested $1.5 million of federal stimulus dollars into the Seacrest Boulevard corridor from Boynton Beach Boulevard north to the C-16 canal to create an attractive streetscape with new lighting, landscaped medians, and public art. • The City and BBCRA are currently partnering on the Model Block Project, redeveloping a block of new single-family homes at NW 11th Avenue and N. Seacrest Boulevard. The project includes upgraded streetscapes, utilities and ten new affordable single-family home sites. Home construction began in June 2018. • The BBCRA partnered with the City to combine funding to complete a $1.3 million renovation project to improve Sara Sims Park, an eight acre park located at the SW corner of Martin Luther King Jr. Blvd. and N. Seacrest Boulevard. A master plan was developed with community input and the project was completed in October 2019. • The BBCRA, in partnership with Centennial Management Corp., is in the process of redeveloping a 4.3 acre site between N. Seacrest Boulevard and NE 1st Street and between NE 6th and 7th Avenues. The $26 million dollar project will consist of 123 multi-family affordable 1-3 bedroom rental units with residential and site amenities, including a small flex and community space. The project is currently underway and scheduled to be completed in December 2020. • The BBCRA, in partnership with Centennial Management Corp., will also be redeveloping a 3.6 acre site on E. Martin Luther King Jr. Boulevard into an affordable mixed-use project consisting of 124 residential units and 8,500 square feet of commercial space. The $30 million dollar project is fully funded and construction is scheduled to begin in the spring of 2021. • As part of the 16.5 acre mixed-use P3 Town Square Project, the BBCRA and the City partnered to fund and complete the construction of a new municipal complex consisting of a City Hall/Library building, District Energy building, Fire Station, amphitheater and public spaces, a fully inclusive playground, and the $11 million renovation of the historic High School building into a Cultural Center with a meeting and convention space for use by the public and a future hotel. The Town Square Project is located at the SE corner of E. Boynton Beach Boulevard and N. Seacrest Boulevard and will feature private development of a hotel along with residential and commercial components to complement the public facilities. The publicly owned elements were completed in July 2020. 2. Property Disposal and Project Description This RFP/RFQ is being issued for a project known as the Cottage District Infill Housing Redevelopment Project (the "Project"), and is seeking proposals for the acquisition and redevelopment of a BBCRA-owned property identified in this RFP/RFQ. The Project site is approximately 4.2 acres of vacant property located between N.E. 4th and N.E. 5th Avenues and N. Seacrest Boulevard and N.E. 1St Street, Boynton Beach, Florida. The Project site lies within the BBCRA Heart of Boynton District boundaries and is identified in the BBCRA Plan as a priority residential site. 01353549-2 Page 3 of 36 Additionally, the property is also located in the PBC Qualified Opportunity Zone. For more information, see httl2:-/-/mal2s.co.12alm-beach.fl.us-/cwgis/?al2l2=12bc interactive. All proposals must be in conformance with and in furtherance of the BBCRA Plan.The BBCRA Plan may be accessed on the BBCRA website: www.boyntonbeachcra.co The proposed redevelopment of this site shall be consistent with the recommendations made within the BBCRA Plan. The BBCRA Plan's goals are to leverage this publicly owned real estate asset to support the overall redevelopment of the Heart of Boynton community and surrounding area, to increase affordable home ownership opportunities for low and moderate income households within 80-140% Palm Beach County Area Medium Income (AMI), and to provide quality public enhancements that improve the economic, cultural and aesthetic quality of life for residents of the community. For more information on the annual published Palm Beach County AMI see http://discover.pbc ov.or HES/ a es Housing ortgaue- roara s.aspx. Development proposals should include traditional residential amenities, as well as those to enhance or improve existing community assets. Overriding goals for the future Project include quality design through the use of urban design principles, and the use of alternative energy sources where possible. Proposals shall incorporate a publicly accessible neighborhood pocket park to be located along the eastern portion of the site. Firms or entities responding to this RFP/RFQ ("Proposers") are encouraged to exercise creativity in defining a concept that satisfies the vision of the BBCRA Plan, use of applicable and appropriate zoning or entitlements, and sound real estate development practices. Pursuant to Section 163.380(2), Florida Statutes, offers for the acquisition of the properties for less than fair value shall require approval by the Boynton Beach CRA Board and the Boynton Beach City Commission. 3. Land Use Regulations. The Heart of Boynton District section of the BBCRA Plan provides information on the vision for future redevelopment within this area, which includes the Project site. The recommended future land use Land Use designation for the property is High Density Residential (HDR) with a corresponding Zoning designation of Multi-family Residential District(R-4) or Infill Planned Unit Development District(IPUD) which supports a maximum density of 15 units/acre (plus a 25% density bonus for the creation of workforce housing) and maximum built height of 45 feet. It is the responsibility of each Proposer to review the City of Boynton Beach Land Development Regulations and Workforce Housing Ordinance for applicable guidelines and limitations. As stated in the BBCRA Plan,the community supports construction of one and two story units with a maximum height of three stories, if located within the interior of the site. 01353549-2 Page 4 of 36 4. Palm Beach Coun1y Impact Fees. Development of the property will be subject to Palm Beach County Impact Fees. Please contact Impact Fee Coordinator for PBC, \A/ Uie Swoope at (561) 288'5025| for specific information regarding impact fees and/or credits applicable to the proposed development, or to download relevant information go to: 5. Survey and Appraisal. Aulaerial boundary and parcel map along with acopy o[the property survey inincluded with this OF9'OF0 an Attachments 'A" and "B." An appraisal of the subject properties was completed and is available in electronic form upon written request to the BBCRA. Proposers should not rely solely on the information in the appraisal when compiling proposal. The appraised value should beconsidered with all offers and requests for BBCOAincentives 6. Architectural and Design Considerations. The Project should include quality architectural design and site development standards that enhance the area and adjacent neighborhoods. Proposers should review the BBCRAPlan for Project development and design guidance. Proposals will beevaluated ontheir adherence and incorporation of architectural and design elements presented in the BBCRA Plan listed above and the design examples under Attachment"k." 7. Incentives for the Project. Under Chapter 163, Florida Statutes,the BBCRA is empowered to encourage and incentivize redevelopment within the BBCRA Redevelopment Area consistent with the BBCRA Plan.The BBCRA is committed to meeting the goals and objectives of the BBCRA Plan and will support the Project with policies and funding. To support the Project under this RFP/RFQ,the following incentives are available: • The BBCRA may provide financial incentives to enhance home ownership opportunities, such an but not limited to, infrastructure improvements, second mortgage subsidies, and/or assistance with County and State grant or funding applications. • The BBCRAmay provide support and assistance with obtaining Palm Beach County Impact Fee credits, City of Boynton Beach Utility Cap fees or any other applicable fee credits or waivers that do not involve additional BBCOA[unding. • The BBCRA may provide support and assistance in pursuing any permits or approvals that may be required to expedite the selected site development plan. • The BBCRA has allocated $38S,82S in the FY 2020-2021 Budget for the Project. 8. Proposer Registration. All entities interested in responding to this RFP/RFQ must register their name, address, telephone number, and an email address with the BBCRA by emailing Michael Simon, Executive Director, at SimonM@bbfl.us. Any information concerning addenda, changes, additions, clarifications, notices, and other topics related to this RFP/RFQ will be sent to registered proposers using the registration information provided. 9. Additional Information. After the proposals are received by the BBCRA, the BBCRA may make requests to Proposers for clarifications, assurances, or for other details including, but not limited to, financial and disclosure data relating to the proposal or proposer (including all affiliates, officers, directors, partners and employees). Any inquiries of a general nature applicable to all proposers will be directed to all proposers. Following submission of a bid, the proposer agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data relating to the bid and/or the proposer (including the proposer's affiliates,officers,directors,partners and employees),as requested by the BBCRA. 10. Requirements for the Proposed Project All proposals must include the following: • Construction of single family fee simple, owner occupied dwelling units consisting of either detached, attached or combination of the two. • Height limitations for the units should be maintained at one, two or three story units with strong consideration given to the placement of any proposed three story units within the interior of the Project and a two story limitation along the perimeter of the proposed Project site. • Street lights installed along the entire perimeter of the Project that are complimentary to those existing along N. Seacrest Boulevard adjacent to the Project site. • On-street parking spaces where feasible. • Minimum five-foot sidewalk width along the entire perimeter of the Project. • Use of street and site trees that "exceed the minimum size and caliper requirement" of the City's Land Development Regulations to be installed as part of the proposed Project. • Creation of a neighborhood pocket park on the east portion of the site along NE 1St Street. The pocket park must be included in the Project's site plan and must include landscape,hardscape and accent lighting features.Once constructed by the successful Proposer, the pocket park will be open to the public and therefore will be deeded to 01353549-2 Page 6 of 36 the City of Boynton Beach. The successful proposer may be required to enter into a maintenance agreement with the City of Boynton Beach for the pocket park. • Plan for inclusion of workforce housing units, for households within 80-140% Palm Beach County Area Medium Income (AMI) • Housing should be constructed with maximum efficiency and sustainability in mind (Attachment F). 11.Deed Restriction and Homeowners and Property Owners Associations The BBCRA may require a deed restriction on the use of the properties as fee-simple residential development to preserve the home ownership opportunities in the neighborhood and/or require the establishment of a Homeowners or Property Owners Association. 12.Required Elements of Proposals. Proposals must contain all of the following documents and information in order to be deemed complete. Proposals not deemed complete may be rejected. a. Provide a general written statement describing the qualifications of the proposer and background information on the principals. If the selected developer is a public corporation, provide copies of its annual report or SEC filings as appropriate. b. Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. c. Provide a copy of the commercial lease agreement, if applicable, or proof of property ownership at the location the proposer is currently licensed to do business. If the Proposal is submitted by more than one entity, each entity much provide the requested information separately. d. Provide a list of key personnel that will be directly involved in proposed Project's development or management team, along with their professional qualifications and a list of similar projects on which they have actively participated. Provide no less than three and no more than ten related projects for this item. e. Provide a written list of similar projects developed by the proposer that were completed, including photographs,addresses, dates the projects were completed, and general project description. Provide no less than two and no more than ten projects for this item. If the Proposal is submitted by more than one entity, each entity must provide the information requested separately. f. Provide a detailed description of the proposed Project, with text and graphics. This should include but not limited to a schematic site layout plan; proposed density, intensity, and height; parking locations; a breakdown of the proposed total number of housing units and housing unit types (attached or detached), including number of bedrooms and bathrooms, and square footage for each unit type and elevations, as well as the items listed in Paragraph 6, "Architectural and Design Considerations," and Paragraph 10, "Requirements for the Proposed Project," of this RFP/RFQ document. 01353549-2 Page 7 of 36 g. Provide a proposed project pre-development, construction development and sales pro forma. The pro forma shall include and clearly identify the funding sources and costs of the Project including those of property acquisition from the BBCRA along with any proposed funding assistance being requested of the BBCRA, if applicable. h. Within the list of funding sources, provide the dollar amount of any proposer equity and investment contributed to the proposed Project. L If the Project is proposed to use subsidies from other qualified entities, proposer must provide a list of those entities and demonstrate experience with obtaining such project-based subsidies for affordable housing by listing projects and the amount and type of subsidy utilized. j. Provide a description that will indicate how the units will be sold, strategies of outreach to the end users and community, proposed sale price ranges that are supported by the financial plan and pro forma, and the Project's proposed absorption rate. k. Provide a description of how the proposer will make attempts to utilize local qualified contractors, and sub-contractors as part of the completion of the proposed Project. Documentation of this effort will be required as part of the project monitoring. 1. Provide a strategy of how the proposer will engage the adjacent homeowners in the overall development of the Project. Engagement may consist of, but is not limited to improvements to common neighborhood elements such as contiguous public sidewalks, decorative pedestrian scale lighting, landscape design, or assistance with grant funding for architectural elements that would enhance the curb appeal and contribute to the cohesive design of the neighborhood. m. Provide proof of financial capability to complete the proposed Project. Financial capability may be demonstrated by submitting a current (audited, if available) financial statement of the proposing entity which includes a balance sheet, a three-year statement of past income, and a projected one-year income statement for the current fiscal year for the proposer (and its parent entity if proposer is a subsidiary). Tax returns may be substituted for financial statements. When possible, the proposer should also submit third party evidence of the ability to secure financing such as a preliminary financing commitment letter or letter of interest from a lending institution or other primary source of investment financing. A firm financing commitment from a lending institution or other source of investment financing may be required prior to the closing of the sale of the Project property, or as otherwise stipulated in negotiated agreements between the successful proposer and the BBCRA. Information regarding any legal or administrative actions, past or pending, that might impact the capacity of the proposer (or its principals or affiliates) to complete the Project must be disclosed. Disclosure of any bankruptcies by any of the above or related entities during the past ten years must be made with the RFP/RFQ. Financial information should be submitted in a separate, sealed envelope or package and marked 'confidential.' Financial information will be accepted only from the Proposer. n. A signed written statement of intent to purchase the Project property indicating the proposed purchase price along with a statement of willingness to execute a 01353549-2 Page 8 of 36 Purchase and Development Agreement within 90 days of selection if selected.Any Purchase and Development Agreement ("Agreement") will contain performance- based criteria and milestone timelines for items such as, securing debt funding, formal site plan application, commencement of construction, limitations on transferability or assignability of the Agreement without prior approval from the BBCRA, termination provisions for failure to meet the criteria listed and other provisions to adequately define the rights, duties and obligations of the parties. The Agreement may also contain a reverter clause. o. Provide authorization to Perform Credit Check for each proposer or Business entity. The Authorization must be executed by the appropriate officer of proposer entity (see Attachments "G" and "H" Disclosure and Authorizations to Perform Credit Check forms). p. A list of all civil and criminal legal actions in which each proposer entity (and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four years, providing the case number, case description, the state of jurisdiction,and disposition (or status) of each case. Proposer(s) may include any additional relevant information. If there are no legal actions to disclose, provide a written statement attesting to this fact. q. Provide a PowerPoint presentation of the proposal, consisting of no more than 1S slides. r. All other requirements contained in this RFP/RFQ including all attachments that request a proposal or information from the Proposer. s. An acknowledgement letter attesting that the proposer has read and understands all procedures and requirements of this RFP/RFQ (see Attachment"D"). 13.Submittal Requirements. a. Location and Deadline. Proposals must be received by the BBCRA at 100 E. Ocean Avenue,Boynton Beach, FL 3343S on or before October 23, 2020,no later than 3:00 p.m. Eastern Standard Time (the Deadline). Proposals received after to the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. Proposers may withdraw submitted proposals and resubmit at any time prior to the Deadline. b. Form and Number of Copies. Proposals must be delivered in a sealed box or envelope. Faxed and emailed proposals will not be accepted. In total, one bound original proposal document must be submitted with a title page listing the name of the RFP/RFQ and the submitting proposer along with one unbound but clipped copies of the proposal and one digital copy of the complete proposal in PDF format on a labeled CD/DVD or thumb drive. Proposals shall be clearly marked on the outside of the envelope or delivery box container as follows: 01353549-2 Page 9 of 36 Request for Proposals and Developer Qualifications Cottage District Infill Housing Redevelopment Project Issue Date:August 17, 2020 Submittal Deadline: October 23, 2020, no later than 3:00 p.m. c. Completeness.All proposals must be complete upon submittal to the BBCRA. d. Signature. The proposal, and any documents submitted with the proposal that require a signature, must be signed by an individual authorized by proposer to legally bind and represent Proposer. e. Failure to Meet Submittal Requirements. The failure to meet the Deadline, submit a proposal that complies with the form and number of copies requirements, or submit a complete proposal may result in the proposal being rejected and returned at the sole discretion of the BBCRA. f. Proposal validity.Proposals shall remain valid and binding on Proposers for 180 days after the submittal date. 14.RFP f RFQ Documents. The following planning and site documents are included in this RFP/RFQ and may be obtained from www.boyntonbeachcra.co (click RFPs/RFQs/ITBs Tab on right hand side). • Geo-technical Report • Project Site Survey • Property Appraisal • 2016 BBCRA Redevelopment Plan • 2009 The Downtown Vision and Master Plan In addition, all Proposers are encouraged to walk the Project location and will be assumed to have performed all necessary inspections on the property. 15.RFP f RFQ Proposal Evaluation and Selection Process. The BBCRA staff shall review each proposal and make a determination as to whether each proposal meets the minimum submission requirements for review, including whether the proposal is complete, and whether it fully complies with the terms and conditions outlined in this RFP/RFQ.A Proposer's failure to provide a substantially complete RFP/RFQ proposal submission may result in the submission not being evaluated. The BBCRA may request clarification of submitted information from any Proposer. The confidentiality of proprietary information from competing Proposers shall be maintained to the extent permitted by law. a. In addition to meeting the minimum requirements of this RFP/RFQ each proposal will be evaluated based on the information provided and on the following criteria, which are listed below in order of importance: 01353549-2 Page 10 of 36 L Experience in completing comparable development projects within markets similar to the project area. ii. Experience in development of affordable or workforce attached and detached single family fee simple products and/or developments. iii. Project's adherence to the goals and objectives of the RFP/RFQ and referenced BBCRA planning documents, adherence to items listed in Paragraph 6, "Architectural and Design Considerations," and Paragraph 10, "Requirements for the Proposed Project,"resident amenities, and public benefits. iv. Proposed financial terms, purchase price, development and operating pro forma. v. Proposed plan or program to use local contractors, sub-contractors and laborers in the Project. b. After the BBCRA staff reviews the proposals for completeness and evaluates the proposals based on the criteria above, the BBCRA staff will present the results of the review and evaluation process to the BBCRA Board at a public meeting. The BBCRA Board will then consider all proposals that meet the minimum submission requirements for review. c. The Proposers may be asked to present their PowerPoint slide presentation before the BBCRA at their regularly scheduled meeting in the City Commission Chambers at City Hall located at 100 E. Ocean Avenue. In addition to a presentation to the BBCRA Board, the Proposers may be asked to present their Proposals before the BBCRA Advisory Board at their regular meeting. The BBCRA Advisory Board acts as a recommendation body to the BBCRA Board. d. At the conclusion of the public presentations, a proposer may be selected by the BBCRA Board. However, the BBCRA Board is under no obligation to select a proposer regardless of their ranking, and can, at its sole discretion, opt to terminate the RFP/RFQ process or continue the process to a subsequent meeting. e. The existence of a contractual relationship between a proposer and the BBCRA is contingent upon successful negotiations between the BBCRA and a selected Proposer, and execution of an agreement by both parties. Therefore, upon selection of a successful Proposer, the BBCRA and the successful proposer will then enter into negotiations for a Purchase and Development Agreement that will contain terms substantially similar to those contained in the successful proposal and this RFP/RFQ. L Any Purchase and Development Agreement mustbe in a form approved by the BBCRA Board and BBCRA legal counsel. ii. If the BBCRA and the successful proposer are not able to agree upon a Purchase and Development Agreement satisfactory to both parties within 90 days of the selection of the successful proposer, the proposer shall have the right to terminate the negotiations. The BBCRA may terminate negotiations at any time for any reason. 01353549-2 Page 11 of 36 iii. If the BBCRA sends an agreed-upon Purchase and Development Agreement, or sends a Purchase and Development Agreement with a communication that informs the proposer that the agreement constitutes the BBCRA's final offer, and the proposer fails to return an executed copy of the provided Purchase and Development Agreement within 30 days of receipt of such agreement from the BBCRA, the negotiations are deemed terminated unless the BBCRA explicitly extends the deadline in writing. iv. The BBCRA may withdraw its offer of agreement,including a final offer,at any time prior to acceptance of such agreement. v. Upon termination of negotiations or withdrawal of the offer of agreement,the BBCRA may move forward as it deems appropriate, which may include entering into negotiations with another Proposer, re-advertising the RFP/RFQ electing to terminate the RFP/RFQ process, or any other action it deems to be in the best interest of the BBCRA. f. Any transfer of the property from the BBCRA to a proposer may be subject to approval of the City of Boynton Beach. 16.Tentative Schedule. The following tentative schedule is anticipated for actions related to this RFP/RFQ.All dates, times,and locations are subject to change.All changes will be posted to the BBCRA's website at www.boyntonbeachcra.co . Issue Date: August 17, 2020 Request for Information Deadline: October 12, 2020, 5:00 p.m. Submittal Deadline: October 23,2020,by 3:00 p.m.,BBCRA Office Presentation to the BBCRA Advisory Board*: November 5, 2020, at 6:30 p.m., City Hall Presentation to BBCRA Board*: November 10, 2020, at 5:30 p.m., City Hall Purchase &Development Agreement to BBCRA Board*: January 12, 2021, at 5:30 p.m., City Hall (*Note:Dates above subject to change—registered interested parties will be notified by email of changes, if any) 17.Contact and Questions a. Contact Information. All correspondence, questions, and requests for clarifications related to this RFP/RFQ must be directed to the person designated as the procurement officer for this RFP/RFQ: 01353549-2 Page 12 of 36 Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, Florida 33435 Phone: (561) 600-9091 Email: Si on @bbfl.us b. Form of Contact; Answers in the Form of Addenda. All correspondence, questions, requests must be submitted in writing via email to the person identified above and may be submitted at any time but no later than 5:00 p.m., on October 12, 2020.All answers to questions, clarifications,and interpretations will be issued in the form of addenda, which become part of this RFP/RFQ. The proposer must acknowledge receipt of each addenda by completing the Addenda Acknowledgement Form and including it with the submitted Proposal (see Attachment "U). It is the responsibility of all proposers to obtain, review and respond to any and all addenda issued. Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All proposers are encouraged to independently verify the accuracy of any information provided. Neither the BBCRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any proposer, or to any assumptions made by Proposer. Written proposals to all written questions submitted shall be maintained by the BBCRA in the RFP/RFQ file. c. Limitations on Communications; Cone of Silence; No Lobbying. proposer or persons acting on Proposer's behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the BBCRA posting the notice of intended award (excluding Saturdays, Sundays, and state holidays), any employee, officer, or board member of the BBCRA concerning any aspect of this RFP/RFQ except in writing to the procurement officer or as provided in the RFP/RFP documents. Violation of this provision may be grounds for rejecting a proposal. Further, during the same time period, proposer or persons acting on Proposer's behalf may not contact any BBCRA Advisory Board Member, or any other person working on behalf of the BBCRA on any matter related to this RFP/RFQ. Communication prohibited by this RFP/RFQ or by any other state,federal,or local law or regulation, may cause an individual or firm to be disqualified immediately from participating in the proposal or selection process. Any violation of this condition may result in rejection and/or disqualification of the Proposer's proposal. For purposes of this section,persons acting on Proposer's behalf shall include,but not be limited to, the Proposer's employees, partners, attorneys, officers, 01353549-2 Page 13 of 36 directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the Proposer. This "Cone of Silence/No Lobbying" is in effect from the date of publication of the RFP/RFQ and shall terminate 1) at the time the BBCRA Board selects a Proposer, rejects all proposals, or otherwise takes action which ends the solicitation process; or 2) at the end of the 72-hour period following the BBCRA posting the notice of intended award, excluding Saturdays, Sundays, and state holidays,whichever is later. 18.Disclosure and Disclaimer. Proposer understands and acknowledges that to the extent permitted by law, the BBCRA retains all rights, at its sole and absolute discretion,to: a. Withdraw this RFP/RFQ at any time; b. Modify the schedule associated with this RFP/RFQ; c. Issue addenda to this RFP/RFQ; d. Request additional information, clarifications, or assurances from one or more Proposers or prospective Proposers; e. Reject any and all proposals; f. Refrain from awarding an agreement as a result of this RFP/RFQ; g. Verify the accuracy of any information provided; h. Accept proposals that deviate from this RFP/RFQ; L Disqualify or reject proposals that are incomplete, untimely, or unclear; j. Re-advertise this RFP/RFQ and accept new proposals; k. Obtain economic feasibility studies or third party evaluations with regard to any part of any proposal; 1. Evaluate the proposals through any process that complies with the BBCRA Procurement Policy, this RFP/RFQ and applicable Florida Statutes, m. Select the one or more successful proposals or Proposers it deems will be in the best interests of the BBCRA,regardless of which proposal appears to offer the best monetary value to the BBCRA; n. Waive any required element or condition found in this RFP/RFQ for all proposals or for a specific proposal; o. Waive any formalities associated with this RFP/RFQ; p. Negotiate agreements, abandon or withdraw from negotiations, approve agreements, and take other similar actions as a result of this RFP/RFQ. Any proposer who submits a proposal in proposal to this RFP/RFQ fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. In the event of any differences between this disclosure and disclaimer and the balance of the RFP/RFQ, the provisions of this disclosure and disclaimer shall govern. If proposer fails to fully comply with all requirements of this RFP/RFQ proposer or proposer's proposal may be disqualified. 01353549-2 Page 14 of 36 19.Protests. The BBCRA Bid Protest Policy is available upon request. Submittal of a proposal constitutes acceptance of this policy. 20.Non-Discrimination. The selected Proposer,on behalf of itself,its successors and its assigns,agrees that no person shall, on the ground of race, color, disability,national origin, religion,age,familial status,sex, or sexual orientation, be subjected to discrimination in any way that is associated with the RFP/RFQ, the BBCRA, the proposal, any agreement resulting from this RFP/RFQ, or the Project. 21.Permits, Taxes. Licenses and Laws. The successful proposer will be required to pay for and/or obtain, at its own expense, all permits, licenses, fees, and taxes required, and to comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to responding to this RFP/RFQ and carrying out the Project. 22.Sensitive and Proprietary Information. The BBCRA will maintain the confidentiality of sensitive and proprietary information to the extent permitted by law. The BBCRA will consider all other information, documentation and other materials submitted in proposal to this RFP/RFQ to be of non-confidential and or non- proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. 23.Public Records. The BBCRA is public agency subjectto Chapter 119,Florida Statutes.The successful proposer shall comply with Florida's Public Records Law. Specifically,the successful proposer shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the BBCRA in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the BBCRA would provide the records and at a cost that does not exceed that provided in Chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the BBCRA, at no cost, all public records in possession of the proposer upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt.All records stored electronically must be provided to the BBCRA in a format that is compatible with the information technology systems of the BBCRA. 01353549-2 Page 15 of 36 IF PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS RFP/RFQ, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 600- 9091; 100 E.Ocean Avenue,4th Floor,Boynton Beach,Florida 33435,SimonM@bbfl.us. 24.Public Entity Crimes Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. In order to qualify for consideration under this RFP/RFQ, proposer must complete and attach Attachment"J,"Public Entity Crimes Statement. 25.Drug Free Workplace Certification Preference shall be given to Proposer(s) with drug free work programs,under the standards described in Section 287.087, Florida Statutes.Whenever two (2) or more proposals that are equal with respect to price, quality and service are received by the BBCRA or by any political subdivision for the procurement of commodities or contractual services,a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to receive such preference, the proposer shall complete and submit with its proposal the attached certification,Attachment"K," Drug Free Workplace Certification. END OF MAIN DOCUMENT PROCEED TO ATTACHMENTS 01353549-2 Page 16 of 36 List of Attachments: A. Project Location Map B. Project Location Survey C. Proposer Information D. Acknowledgement Letter E. Design Examples F. Energy Efficiency Guidelines Checklist G. Disclosure and Authorization to Perform Credit Check H. Authorization to Perform Credit Check I. Authorization for Release of Information J. Public Entity Crimes Statement K. Certification of Drug Free Workplace Program L. Addenda Acknowledgement M. Certification of Non-Scrutinized Entity 01353549-2 Page 17 of 36 ATTACHMENT "A" PROJECT SITE LOCATION MAP a 41 rs M }� , } IIS 1 i i „ 01353549-2 Page 18 of 36 -(b' dd 9t 30vd'SZ'e �d)NO 33015 ANNI76 tN0018'S45101 ...9Zl tStl .... (h (-aJ8d 6S 39tld ZEd)N'II S08 DI IOIAO IOIIOHVd3H6 Y < _ f £NOOIB'B 8 4'E Z't 510130 ShOI1t30d N W W 9NIddVkV?5NlA3AHns a�Og Btl'8��� — 8LpZ1LtiEp � 'ON7`S31V700SSd8WOt1(hV Am ns DINdvN'JOdO1F AWGNn(>e d A38iS 14 3 N — _ i.LO'Zt£ .t. 3.SZ.m,s �' a rr. ` aS i " 0 o r v 3 .b6'6tr/ M..£Z.tS,40N r W ti 11 z m 89'Btrl 3.sZ lEot05 o — _ z i t x s -- ———i Z = x k e � r s H 0066 M.sZ VE LON �. U C �€ Lt 66 3.q Zul£>40S � s Hui ,Os'604 MSZ.tE,�ON s IN -14 0 3 R r y` I � r a i 1 a i r y 5 P� a . M..Ls.tE>69N, ... -- -- OaVA3l(1O91S3a�V3S 4. i e= k SF 1 S m ¢ � 5 � � 6 a fr FS p 5 o. E S E E� _ sl iF - €m m.E & k E S $ 21 iR ai Z iYLY 4 – l8 c Y o r� a, m E P 4 n i L a ATTACHMENT "C" PROPOSER(S) INFORMATION Name: Street Address: Mailing Address (if different): City, State, Zip: Telephone No. : Fax No: Email Address of Contact Person: Ownership Status - Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to the organization and management efforts. Age of Organization - In continuous business since: Leadership - List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publicly held company, list Chairman of the Board, CEO, and President: Federal Identification No.: State of Incorporation & Registration No.: If not a corporation, explain your status: 01353549-2 Page 20 of 36 ATTACHMENT "D" ACKNOWLEDGMENT LETTER PROPOSER(S) SHALL INCORPORATE THIS ACKNOWLEDGEMENT LETTER IN THEIR SUBMITTAL PACKAGE ********************************************************************************** Re: Boynton Beach Community Redevelopment Agency Request for Proposal/Request for Qualifications (RFP/RFQ) dated August 17, 2020 Cottage District Infill Housing Redevelopment Project To Whom It May Concern: The undersigned has read the Boynton Beach CRA(BBCRA) Request for Proposal/Request for Qualifications (RFP/RFQ) for the Cottage District Infill Housing Redevelopment Project, dated August 17, 2020. On behalf of proposer identified below and our proposal team, we agree to and accept the terms, specific limitations, and conditions expressed therein. We have read, rely upon, acknowledge and accept the BBCRA's disclosure and disclaimer, which is fully incorporated by reference into this letter, and certify that all of the requirements as described in the RFP/RFQ are met and all required documents are enclosed. We further certify that all information presented in this proposal,and all of the information furnished in support of the proposal,is true and complete to the best of our knowledge and belief, and we are aware of the fact that making false statements or presenting false information that results in an Agreement may be penalized to the maximum extent allowed by law. Sincerely, Name of Proposer Print Name and Title Authorized Signature Date 01353549-2 Page 21 of 36 ATTACHMENT "E" DESIGN EXAMPLES LOCAL HISTORIC ARCHITECTURAL EXAMPLES G, t: �{Y d sib 5, �Y 1„ i a Y ti 01353549-2 Page 22 of 36 ATTACHMENT "E" (continued) SAMPLE ELEVATIONS - 7-1 at ILI 9 r, Rt „ j .. a , , 9 , z t, �'j v'" , — �F ,•a�A i 01353549-2 Page 23 of 36 ATTACHMENT "E" (continued) Alternative Carport Options and Urban Neighborhood Site Plan Concepts P' Riga K �k graphics below by Looney Ricks Kiss Architects, Inc. 1"KJNh LAT)¢6.� a ,f g� �arARe A M1 lie:er w�yta'pnn tx Cywa d'RWtuw Atln.s,rmakxi a # k i� Mr ka 41"'—" rt a a h., to6, +oae ( L�som .4 a a t a x:rx !1k ,emm— Ric Ale 1,m&'f caw r �m 4'4'�� aka h. l ' $ wA W t a JA MSg^— qr -..es r. Lip tY4➢ds 6'k W- 1.' 1 1• f ! tl 9� gym' Ur fi7>t+w,9a 3 N44"'. n F x�'Us am�r xv+.9� +� avea�.u.«kFt.^w arca as�u�Saa ca r.w. 01353549-2 Page 24 of 36 graphics below by Looney Ricks Kiss Architects, Inc. 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Crr «T rt50W r h 3 f u ko� mom A B 9 n, S ` F¢` !G r E 1 i' k 9 a a r ,iN� 5 �v am,eri�,�w,�'- �=+3•Has 4a�wFs��.p s w a+ 3 � i r� df� y 3 Ell 01353549-2 Page 28 of 36 ATTACHMENT 7" ENERGY EFFICIENCY GUIDELINES CHECKLIST The respondent will ensure that, to the greatest extent possible, all construction within the proposed Cottage District development meets the following minimum standards. Through the execution of this Exhibit, the proposer is certifying that the following elements checked below will be incorporated into their development plan. Energy-efficient Construction Techniques and Products ❑ Proper installation of insulation to ensure even temperatures throughout the house per FBC-Residential requirements ❑ Installation of high performance impact windows per Florida Building Code (FBC)- Residential requirements ❑ Installation of energy-efficient HVAC systems - Energy Star compliant ❑ Installation of new Energy Star compliant products including light fixtures, LED bulbs, ventilation and exhaust fans and appliances (refrigerators, dishwashers, and washer/dryer machines) Improved Indoor Environments ❑ Building envelope, duct systems and vents must be properly sealed to prevent cracks and holes ❑ Carpet, pads, and other surface materials and installation must comply with the Carpet and Rug Institute's Green Label Certification ❑ Utilization of only low Volatile Organic Carbon paints, finishes, and sealants ❑ Utilization of proper water vapor barrier and other applicable sealing methods to eliminate any possibility of mold ❑ Installation of programmable thermostats in all units Increased Water Efficiency ❑ Installation of low volume, non-spray irrigation system ❑ Incorporation of landscape practices recommended by the University of Florida's Florida Friendly Landscape Program (http://fyn.ifas.ufl.edu/) and compliance with the Landscape Regulations of the City of Boynton Beach. ❑ Installation of low flow toilets and sink faucets 01353549-2 Page 29 of 36 ATTACHMENT "G" DISCLOSURE AND AUTHORIZATION TO PERFORM CREDIT CHECK An authorization to Perform Credit Check will need to be completed by each Principal/Owner. For Principal f Owner: (Please use a separate form for each principal/owner) As Principal/Owner of Proposer, I (name) hereby affirm I have read the above disclosure, and consent to and authorize the Boynton Beach Community Redevelopment Agency's (`BBCRA") investigation into my credit worthiness. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of my credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S., and I may request a copy of any information provided to the BBCRA as part of the BBCRA's investigation into my creditworthiness. I grant such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. I hereby waive any and all claims,past present or future,which I may have against the BBCRA by reason of any credit investigation made pursuant to my consent and authorization herein given to the BBCRA. Proposer Name: Principal/Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone #: Signature: Date: Print Name: 01353549-2 Page 30 of 36 ATTACHMENT "H" AUTHORIZATION TO PERFORM CREDIT CHECK For Proposer (Business EntftyL. The proposer hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the creditworthiness of the Proposer. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the Proposer's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Proposer grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. This proposer hereby waives any and all claims, past present or future, which the proposer may have against the BBCRA by reason of any credit investigation made pursuant to Proposer's consent and authorization herein given to the BBCRA. An authorization to Perform Credit Check will need to be completed by each Principal/Owner and by the Business. Proposer (Business) Name (D/B/A if applicable): Current Business Address: Federal Tax ID# State of Incorporation: Phone #: Fax#: Authorized Signature: Date: Print Name: Title: 01353549-2 Page 31 of 36 ATTACHMENT "I" AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the undersigned either of a professional credit or personal nature including the statement of your opinions with regard to the undersigned's professional credit and personal character, or of the proposer identified below. The undersigned also authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the business identified as "proposer"below. By: STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowledged before me this day of . 2020,by who is personally known to me or who has respectively produced as identification and did not take an oath. Notary Public: Print Name: Commission No: (Seal) My Commission Expires: Name: Home Address: Home Telephone Number: Business Telephone Number: Fax Number: Date of Birth: Professional License Number: Proposer (Business) Name: 01353549-2 Page 32 of 36 ATTACHMENT "J" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;submit a bid proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids, proposals, or replies on leases of real property to a public entity; be awarded or perform work as a contractor, supplier,subcontractor or consultant under a contract with any public entity;or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes,for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that proposer has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. Proposer Name Authorized Signature Print Name Title Date 01353549-2 Page 33 of 36 ATTACHMENT "K" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that . the proposer responding to this RFP/RFQ, maintains a drug-free workplace program, and that the following conditions are met: (1) Proposer publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying the actions that will be taken against employees for violations of such programs. (2) Proposer informs employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Proposer gives each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), proposer notifies the employee that, as a condition of working in the commodities or contractual services covered under this RFP/RFQ he/she will abide by the terms of the statement; and will notify the employer (Proposer) of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five days after such conviction. (5) Proposer imposes a sanction on,or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by,any employee who is convicted. (6) Proposer makes a good faith effort to continue to maintain a drug-free workplace through implementation of this Section 287.087, Florida Statutes. As the person authorized to sign the statement, I certify that proposer complies fully with the above requirements. Authorized Signature: Date Name &Title (typed) 01353549-2 Page 34 of 36 ATTACHMENT "L" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Request for Proposals and Developer Qualifications Cottage District Infill Housing Redevelopment Project By entering checking YES or NO in the space provided and indicating date received. No. 1 ❑ Yes ❑ No Date No. 2 ❑ Yes ❑ No Date No. 3 ❑ Yes ❑ No Date No. 4 ❑ Yes ❑ No Date No. S ❑ Yes ❑ No Date RFP/RFQ INFORMATION WAS OBTAINED FROM: ❑ BBCRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Authorized Signature Print Name Title Date 01353549-2 Page 35 of 36 ATTACHMENT "M" CERTIFICATION OF NON-SCRUTINIZED COMPANY . as Proposer, hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that proposer is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the submittal of the Proposal or the execution of any agreement arising out of this RFP/RFQ, the BBCRA may disqualify the Proposal and/or terminate the agreement. Proposer Name By: Authorized Representative of Proposer Date: STATE OF COUNTY OF SWORN TO and subscribed before me this day of 20 , by . Such person (Notary Public must check applicable box): [ ] is personally known to me [ ] produced their current driver license [ ] produced as identification. (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) 01353549-2 Page 36 of 36 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: November 10, 2020 OLD BUSINESS AGENDAITEM: 15.E. SUBJECT: Consideration of the Economic Development Grant Program Guidelines and Applications for FY 2020 -2021 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 At the October 13, 2020 meeting, the CRA Board directed to staff to bring back the FY 2020- 2021 Economic Development Grant Programs for further discussion and consideration. CRA staff is seeking Board consideration and direction on the following: • The current eligibility requirement states new businesses must apply within 6 months of receiving their City Business Tax Receipt in order to be eligible to apply for rent reimbursement. Does the Board want to increase the eligibility window for new businesses to apply for the Commercial Rent Reimbursement Grant? • Currently under the Commercial Property Improvement Grant, hotel/motel/bed and breakfast businesses are eligible to receive up to $50,000 in reimbursable funds for property improvement. This change to our program has greatly increased the interest from hotels/motels/bed and bed-breakfasts wanting to apply for funding. Does the Board want to consider limiting the number of approvals to no more than 2 per fiscal year and only to those that front our main corridors such as Federal Highway, Boynton Beach Boulevard, Woolbright Road, etc.? • Currently under the Commercial Property Improvement Grant, reimbursement of eligible expenses occurs at project completion. During the initial Covid-19 crisis, staff had adjusted the reimbursement schedule to allow for partial reimbursement payments up to 80% of the total grant award. The remaining 20% of the grant amount will be issued when the business has submitted all documents as required by the grant program (Final Release of Liens, signed permits, final proof of payment, City/County Business Tax Receipts). Does the Board want to consider continuing this practice and/or making this a permanent revision to the program? FISCAL IMPACT: FY 2020 -2021 Budget, Project Fund 02-58400-444, $402,113 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Goals and Principles and Implementation Guide CRA BOARD OPTIONS: To be determined based on Board discussion. ATTACHMENTS: Description D Attachment I - FY 2020-2021 Commercial Rent Reimbursement Grant Program D Attachment II - FY 2020 -2021 Commercial Property Improvement Grant Program }At {J B ' JT1 B EACH COMMUMTY REDEVELOPMENT October 1 , 2020 — September 30, 2021 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term "new business" means a company in operation for less than six months or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Initials Page 1 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Applicant(s) may be produced by the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance through a reimbursable grant in the form of a monthly rent reimbursement for the first 12 months of business with the option to request an additional 6 months of reimbursement, which may be granted at the discretion of the Board. New businesses are eligible to apply for assistance for up to six months from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, permits are closed out, City and County licenses are obtained, and the business is open for operation under a Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO). For businesses that do not require any construction work, rent reimbursements will not be paid until City and County licenses are obtained and the business is open for operation. On a monthly basis, the BBCRA will issue reimbursement directly to the applicant. Reimbursement is for the monthly rent payment made to the landlord, and is dependent upon receipt of verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the parties to the lease, (the tenant and the landlord). As grantor, the BBCRA does not bear or accept any responsibility for payment of rent at any time, or for penalties incurred for the late arrival of payments by any party. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com. Initials Page 2 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 50% of its current square footage size or open a second location within the BBCRA Area. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease with at least two years remaining on the lease. • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. Initials Page 3 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales/Shooting Range • Convenience Store • Religion-Affiliated Retail Stores • Churches/places of worship • Non-profit organizations • Take-out Foods • Check Cashing Stores • Tattoo Shops / Body Piercing / • Kava Tea Bars Body Art Shops • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Alcohol and/or Drug Rehabilitation • Pawn Shops Centers/Housing • Any other use that the BBCRA staff • Massage/Personal Services or BBCRA Board determine will not • Auto Services Facilities — repair, support the redevelopment of the storage, sales, etc BBCRA Area • CBD Retail Stores, etc. • Medical Research Centers/Housing Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval. Tier One Business Tier One Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or$1,750 per month, whichever is less (maximum amount of the grant is $21,000, distributed in four monthly payments). Initials Page 4 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market • Hotel, Motel, Bed & Breakfast Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or $1,250 per month, whichever is less (maximum amount of the grant is $15,000, distributed in four monthly payments. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home D6cor/Design — home • Clothing Boutique — clothing, furnishings, art galleries, kitchen shoes & accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than 2 • Real Estate Offices approvals per fiscal year) • Marketing Offices • Medical Offices • Fitness Centers • Insurance Offices • Specialty Businesses — stationary, • Florists (no more than 2 approvals gifts, sporting goods per fiscal year) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on the lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; Initials Page 5 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; C) allowing or assisting a business entity other than the grant recipient to list its place of business as the subject property; or D) allowing or assisting a business entity other than the grant recipient to obtain a business tax license from the City of Boynton Beach for the subject property. The fact that a business entity other than the grant recipient occupies the subject property, lists its place of business as the subject property, obtains a business tax license for the subject property, or similarly appears to use the subject property is sufficient evidence that the grant recipient has allowed or assisted such other business entity to do so and is grounds for termination of any further grant payments and seeking reimbursement for previously paid grant payments. However, it shall not be considered a prohibited subleasing when the business purpose of the applicant is to provide a space for aspiring businesses, such as when the applicant is a business incubator, commissary kitchen, or business that provides co-op workspace. The BBCRA will determine whether a certain applicant fits into the exception described in this paragraph on a case-by-case basis. Initials Page 6 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 or downloaded from www.boyntonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants must submit an original, "hard copy" application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first served basis. Application packets must include the following documentation- 1. ocumentation:1. A non-refundable fee of$100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Resume for each principal/owner of the business. 3. Copy of the corporate documents for the applying business entity. 4. Copy of City and County Business Licenses (Business Tax Receipt). 5. Copy of executed multi-year commercial lease agreement. 6. Two years of corporate tax returns (for existing businesses only). 7. Two years of personal tax returns for the principal/owners of a new business. 8. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 9. If applicant is an existing business expanding to occupy more than 50% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 10.Completed and signed application (attached). 11.Authorization to perform credit check for the business and each principal/owner of the business (attached). Initials Page 7 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 12.W9 Form and Vendor Application (attached). Approval of Funding Request All required application documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. In order to request the 6-month extension, the applicant must submit a presentation at the completion of the 12 months of rent reimbursement, outlining how their first year went and requesting the additional 6 months of rent reimbursement. The presentation must be submitted no later than noon two weeks prior to the second Tuesday of the month The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the Initials Page 8 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com approved applicant, with the option to request an additional 6 months. Reimbursement will occur on a monthly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next month. In order to receive monthly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month's reimbursement or proof of direct deposit). If applicant does not submit its monthly reimbursement request within 30 days followinq the end of the next month in which applicant is requesting reimbursement, applicant forfeits that month's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the BBCRA to award grant funding. Initials Page 9 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): Current Business Address: Fed I D#: Business Phone Number: Fax: Website: Existing Business: Yes No Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No If so, monthly base rent: New Business Address: Square footage of current location: Square footage of new location: Type of Business: Number of Employees: Hours of Operation: Page 10 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 11 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION Are you applying for grant assistant under any other program offered by the BBCRA? Yes No If yes, what additional programs are you applying for: Are you receiving grant assistance under any other governmental agencies: Yes _ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: Landlord's Mailing Address: Landlord's Phone Number: CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I” refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). 1, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Page 12 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Page 13 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: 1. Principal/Owner's Signature Date Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of , 20 NOTARY PUBLIC My Commission Expires: Page 14 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY LANLORD INFORMATION LANDLORD SIGNATURES: 1. Landlord's Signature Date Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20 NOTARY PUBLIC My Commission Expires: Page 15 of 15 Rent Reimbursement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI„ P ENT AUTHORIZATION TO PERFORM A CREDIT CHECK FOR PRINCIPAL/OWNER The applicant hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives and all claims, past, present or future, which the applicant may have against the BBCRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein give to the BBCRA. An authorization to Perform Credit Check needs to be complete by each Principal/Owner and by the Business. Please us a separate form for each principal/owner: Principal/Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone Number: Signature: Date: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI„ P ENT AUTHORIZATION TO PERFORM A CREDIT CHECK FOR BUSINESS The applicant hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives and all claims, past, present or future, which the applicant may have against the BBCRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein give to the BBCRA. An authorization to Perform Credit Check needs to be complete by each Principal/Owner and by the Business. Business (d/b/a if applicable): Federal Tax I D #: Current Business Address: State of Corporation: Email: Phone Number: Fax Number: Signature: Date: Title: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com MAP OF CRA AREA NE th Ave Gate„iaY Blv Cn L t r LU LL Z 4i mr Stanley Wea er Canal 20" a v > `� Martin Luther Kin r Blvd o U y V z W c LL z W Boynton each 1 d E Oc a Ave Z 2nd A e 2 00 L y d a v 00 00 U) = U) E oo brigh Rd a 0 U U) 23 d Av SW 23rd Ave CRAAREA- 1,650 acres Water Major Roads Railroads ulfstream vd' W�E BOYNTON[ 0 o.zs o.s "'BEACH',C RA Miles g C,06=MUNfl n e -ir> r «ikG_NC',Y Form W-9 Request for Taxpayer Give Form to the (Rev.December 2014) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. N 2 Business name/disregarded entity name,if different from above (D rn M 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to certain entities, not individuals; see O ❑Individual/sole proprietor or ❑ C Corporation ❑S Corporation ❑ Partnership ❑ Trust/estate arc single-member LLC instructions on page 3): CL O Exempt payee code(ifany) ❑Limited liability company. Enter the tax classification(C=C corporation,S=S corporation, P=partnership)► OExemption from FATCA reporting Note. For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for y the tax classification of the single-member owner. code(if any) CL G ❑Other(see instructions) 01 (Applies to accounts maintained outside the U.S.) w 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) v a CL CO 6 City,state,and ZIP code (D U) 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals,this is generally your social security number(SSN). However,for a resident alien,sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other — — entities, it is your employer identification number(EIN). If you do not have a number, see How to get a L I TINon page 3. or Note. If the account is in more than one name,seethe instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. F3 Mt Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. I am not subject to backup withholding because: (a)I am exempt from backup withholding, or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S.citizen or other U.S. person(defined below);and 4.The FATCA code(s)entered on this form (if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN.See the instructions on page 3. Sign Signature of Here U.S.person► Date ► General Instructions -Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. -Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such -Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.gov/fw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding. See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identification number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding, or -Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If -Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the -Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and -Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting, is correct. See What is FA TCA reporting?on -Form 1099-S(proceeds from real estate transactions) page 2 for further information. -Form 1099-K(merchant card and third party network transactions) Cat.No. 10231X Form W-9 (Rev.12-2014) Form W-9(Rev.12-2014) Page 2 Note. If you are a U.S.person and a requester gives you a form other than Form 3.The IRS tells the requester that you furnished an incorrect TIN, W-9 to request your TIN,you must use the requester's form if it is substantially 4.The IRS tells you that you are subject to backup withholding because you did similar to this Form W-9. not report all your interest and dividends on your tax return(for reportable interest Definition of a U.S.person.For federal tax purposes,you are considered a U.S. and dividends only),or person if you are: 5.You do not certify to the requester that you are not subject to backup -An individual who is a U.S.citizen or U.S.resident alien; withholding under 4 above(for reportable interest and dividend accounts opened -A partnership,corporation,company, or association created or organized in the after 1983 only). United States or under the laws of the United States; Certain payees and payments are exempt from backup withholding. See Exempt -An estate(other than a foreign estate);or payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. -A domestic trust(as defined in Regulations section 301.7701-7). Also see Special rules for partnerships above. Special rules for partnerships.Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section What is FATCA reporting? 1446 on any foreign partners'share of effectively connected taxable income from such business. Further,in certain cases where a Form W-9 has not been received, The Foreign Account Tax Compliance Act(FATCA)requires a participating foreign the rules under section 1446 require a partnership to presume that a partner is a financial institution to report all United States account holders that are specified foreign person,and pay the section 1446 withholding tax.Therefore,if you are a United States persons.Certain payees are exempt from FATCA reporting.See U.S.person that is a partner in a partnership conducting a trade or business in the Exemption from FATCA reporting code on page 3 and the Instructions for the United States,provide Form W-9 to the partnership to establish your U.S.status Requester of Form W-9 for more information. and avoid section 1446 withholding on your share of partnership income. In the cases below,the following person must give Form W-9 to the partnership Updating Your Information for purposes of establishing its U.S.status and avoiding withholding on its You must provide updated information to any person to whom you claimed to be allocable share of net income from the partnership conducting a trade or business an exempt payee if you are no longer an exempt payee and anticipate receiving in the United States: reportable payments in the future from this person. For example,you may need to -In the case of a disregarded entity with a U.S.owner,the U.S.owner of the provide updated information if you are a C corporation that elects to be an S disregarded entity and not the entity; corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account;for example,if the grantor -In the case of a grantor trust with a U.S.grantor or other U.S.owner,generally, of a grantor trust dies. the U.S.grantor or other U.S.owner of the grantor trust and not the trust;and -In the case of a U.S.trust(other than a grantor trust),the U.S.trust(other than a Penalties grantor trust)and not the beneficiaries of the trust. Failure to furnish TIN.If you fail to furnish your correct TIN to a requester,you are Foreign person.If you are a foreign person or the U.S.branch of a foreign bank subject to a penalty of$50 for each such failure unless your failure is due to that has elected to be treated as a U.S.person,do not use Form W-9.Instead,use reasonable cause and not to willful neglect. the appropriate Form W-8 or Form 8233(see Publication 515,Withholding of Tax Civil penalty for false information with respect to withholding.If you make a on Nonresident Aliens and Foreign Entities). false statement with no reasonable basis that results in no backup withholding, Nonresident alien who becomes a resident alien.Generally,only a nonresident you are subject to a$500 penalty. alien individual may use the terms of a tax treaty to reduce or eliminate U.S.tax on Criminal penalty for falsifying information.Willfully falsifying certifications or certain types of income.However,most tax treaties contain a provision known as affirmations may subject you to criminal penalties including fines and/or a"saving clause."Exceptions specified in the saving clause may permit an imprisonment. exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S.resident alien for tax purposes. Misuse of TINS.If the requester discloses or uses TINs in violation of federal law, If you are a U.S.resident alien who is relying on an exception contained in the the requester may be subject to civil and criminal penalties. saving clause of a tax treaty to claim an exemption from U.S.tax on certain types of income,you must attach a statement to Form W-9 that specifies the following Specific Instructions five items: 1.The treaty country. Generally,this must be the same treaty under which you Line 1 claimed exemption from tax as a nonresident alien. You must enter one of the following on this line;do not leave this line blank.The 2.The treaty article addressing the income. name should match the name on your tax return. 3.The article number(or location)in the tax treaty that contains the saving If this Form W-9 is for a joint account,list first,and then circle,the name of the clause and its exceptions. person or entity whose number you entered in Part I of Form W-9. 4.The type and amount of income that qualifies for the exemption from tax. a. Individual.Generally,enter the name shown on your tax return.If you have changed your last name without informing the Social Security Administration (SSA) 5.Sufficient facts to justify the exemption from tax under the terms of the treaty of the name change,enter your first name,the last name as shown on your social article. security card,and your new last name. Example.Article 20 of the U.S.-China income tax treaty allows an exemption Note.ITIN applicant:Enter your individual name as it was entered on your Form from tax for scholarship income received by a Chinese student temporarily present W-7 application, line 1a.This should also be the same as the name you entered on in the United States.Under U.S.law,this student will become a resident alien for the Form 1040/1040A/1040EZ you filed with your application. tax purposes if his or her stay in the United States exceeds 5 calendar years. However,paragraph 2 of the first Protocol to the U.S.-China treaty(dated April 30, b. Sole proprietor or single-member LLC.Enter your individual name as 1984)allows the provisions of Article 20 to continue to apply even after the shown on your 1040/1040A/1040EZ on line 1.You may enter your business,trade, Chinese student becomes a resident alien of the United States.A Chinese student or"doing business as"(DBA)name on line 2. who qualifies for this exception (under paragraph 2 of the first protocol)and is c. Partnership,LLC that is not a single-member LLC,C Corporation,or S relying on this exception to claim an exemption from tax on his or her scholarship Corporation.Enter the entity's name as shown on the entity's tax return on line 1 or fellowship income would attach to Form W-9 a statement that includes the and any business,trade,or DBA name on line 2. information described above to support that exemption. d. Other entities.Enter your name as shown on required U.S.federal tax If you are a nonresident alien or a foreign entity,give the requester the documents on line 1.This name should match the name shown on the charter or appropriate completed Form W-8 or Form 8233. other legal document creating the entity.You may enter any business,trade,or DBA name on line 2. Backup Withholding e. Disregarded entity.For U.S.federal tax purposes,an entity that is What is backup withholding?Persons making certain payments to you must disregarded as an entity separate from its owner is treated as a"disregarded under certain conditions withhold and pay to the IRS 28%of such payments.This entity." See Regulations section 301.7701-2(c)(2)(iii).Enter the owner's name on is called"backup withholding." Payments that may be subject to backup line 1.The name of the entity entered on line 1 should never be a disregarded withholding include interest,tax-exempt interest,dividends, broker and barter entity.The name on line 1 should be the name shown on the income tax return on exchange transactions, rents,royalties,nonemployee pay,payments made in which the income should be reported. For example,if a foreign LLC that is treated settlement of payment card and third party network transactions,and certain as a disregarded entity for U.S.federal tax purposes has a single owner that is a payments from fishing boat operators. Real estate transactions are not subject to U.S.person,the U.S.owner's name is required to be provided on line 1.If the backup withholding. direct owner of the entity is also a disregarded entity,enter the first owner that is You will not be subject to backup withholding on payments you receive if you not disregarded for federal tax purposes. Enter the disregarded entity's name on give the requester your correct TIN,make the proper certifications, and report all line 2,"Business name/disregarded entity name."If the owner of the disregarded your taxable interest and dividends on your tax return. entity is a foreign person,the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S.TIN. Payments you receive will be subject to backup withholding if: 1.You do not furnish your TIN to the requester, 2.You do not certify your TIN when required(see the Part II instructions on page 3 for details), Form W-9(Rev.12-2014) Page 3 Line 2 2 However,the following payments made to a corporation and reportable on Form If you have a business name,trade name,DBA name,or disregarded entity name, 1099-MISC are not exempt from backup withholding: medical and health care you may enter it on line 2. payments,attorneys'fees,gross proceeds paid to an attorney reportable under section 6045(f),and payments for services paid by a federal executive agency. Line 3 Exemption from FATCA reporting code.The following codes identify payees Check the appropriate box in line 3 for the U.S.federal tax classification of the that are exempt from reporting under FATCA.These codes apply to persons person whose name is entered on line 1.Check only one box in line 3. submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore,if you are only submitting this form Limited Liability Company(LLC).If the name on line 1 is an LLC treated as a for an account you hold in the United States,you may leave this field blank. partnership for U.S.federal tax purposes,check the"Limited Liability Company" Consult with the person requesting this form if you are uncertain if the financial box and enter"P" in the space provided. If the LLC has filed Form 8832 or 2553 to institution is subject to these requirements.A requester may indicate that a code is be taxed as a corporation,check the"Limited Liability Company" box and in the not required by providing you with a Form W-9 with"Not Applicable" (or any space provided enter"C" for C corporation or"S"for S corporation. If it is a similar indication)written or printed on the line for a FATCA exemption code. single-member LLC that is a disregarded entity,do not check the"Limited Liability Company" box;instead check the first box in line 3"Individual/sole proprietor or A—An organization exempt from tax under section 501(a)or any individual single-member LLC." retirement plan as defined in section 7701(a)(37) Line 4, Exemptions B—The United States or any of its agencies or instrumentalities If you are exempt from backup withholding and/or FATCA reporting,enter in the C—A state,the District of Columbia,a U.S.commonwealth or possession,or appropriate s ace io line 4 an codes that n apply to you. any of their political subdivisions or instrumentalities P Y ( ) Y PP Y Exempt payee code. D—A corporation the stock of which is regularly traded on one or more established securities markets,as described in Regulations section - Generally,individuals(including sole proprietors)are not exempt from backup 1.1472-1(c)(1)(i) withholding. E—A corporation that is a member of the same expanded affiliated group as a - Except as provided below,corporations are exempt from backup withholding corporation described in Regulations section 1.1472-1(c)(1)(i) for certain payments,including interest and dividends. F—A dealer in securities,commodities, or derivative financial instruments - Corporations are not exempt from backup withholding for payments made in (including notional principal contracts, futures,forwards, and options)that is settlement of payment card or third party network transactions. registered as such under the laws of the United States or any state - Corporations are not exempt from backup withholding with respect to attorneys' G—A real estate investment trust fees or gross proceeds paid to attorneys,and corporations that provide medical or H—A regulated investment company as defined in section 851 or an entity health care services are not exempt with respect to payments reportable on Form registered at all times during the tax year under the Investment Company Act of 1099-MISC. 1940 The following codes identify payees that are exempt from backup withholding. I—A common trust fund as defined in section 584(a) Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a),any IRA,or a J—A bank as defined in section 581 custodial account under section 403(b)(7)if the account satisfies the requirements K—A broker of section 401(f)(2) L—A trust exempt from tax under section 664 or described in section 4947(a)(1) 2—The United States or any of its agencies or instrumentalities M—A tax exempt trust under a section 403(b)plan or section 457(g)plan 3—A state,the District of Columbia,a U.S.commonwealth or possession,or Note.You may wish to consult with the financial institution requesting this form to any of their political subdivisions or instrumentalities determine whether the FATCA code and/or exempt payee code should be 4—A foreign government or any of its political subdivisions,agencies,or completed. instrumentalities Line 5 5—A corporation 6—A dealer in securities or commodities required to register in the United Enter your address(number,street,and apartment or suite number).This is where States,the District of Columbia,or a U.S.commonwealth or possession the requester of this Form W-9 will mail your information returns. 7—A futures commission merchant registered with the Commodity Futures Line 6 Trading Commission Enter your city,state,and ZIP code. 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Part I. Taxpayer Identification Number(TIN) Company Act of 1940 Enter your TIN in the appropriate box.If you are a resident alien and you do not 10—A common trust fund operated by a bank under section 584(a) have and are not eligible to get an SSN,your TIN is your IRS individual taxpayer identification number(ITIN).Enter it in the social security number box. If you do not 11—A financial institution have an ITIN,see How to get a TIN below. 12—A middleman known in the investment community as a nominee or If you are a sole proprietor and you have an EIN,you may enter either your SSN custodian or EIN.However,the IRS prefers that you use your SSN. 13—A trust exempt from tax under section 664 or described in section 4947 If you are a single-member LLC that is disregarded as an entity separate from its The following chart shows types of payments that may be exempt from backup owner(see Limited Liability Company(LLC)on this page),enter the owner's SSN withholding. The chart applies to the exempt payees listed above,1 through 13. (or EIN,if the owner has one).Do not enter the disregarded entity's EIN.If the LLC is classified as a corporation or partnership,enter the entity's EIN. IF the payment is for... THEN the payment is exempt for... Note.See the chart on page 4 for further clarification of name and TIN combinations. Interest and dividend payments All exempt payees except How to get a TIN.If you do not have a TIN,apply for one immediately. To apply for for 7 an SSN,get Form SS-5,Application for a Social Security Card,from your local SSA office or get this form online at wvvwssa.gov.You may also get this form by calling Broker transactions Exempt payees 1 through 4 and 6 1-800-772-1213. Use Form W-7,Application for IRS Individual Taxpayer through 11 and all C corporations. S Identification Number,to apply for an ITIN,or Form SS-4,Application for Employer corporations must not enter an exempt Identification Number,to apply for an EIN.You can apply for an EIN online by payee code because they are exempt accessing the IRS website at www.irs.gov/businesses and clicking on Employer only for sales of noncovered securities Identification Number(EIN)under Starting a Business.You can get Forms W-7 and acquired prior to 2012. SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). Barter exchange transactions and Exempt payees 1 through 4 If you are asked to complete Form W-9 but do not have a TIN,apply for a TIN patronage dividends and write"Applied For'in the space for the TIN,sign and date the form,and give it Payments over$600 required to be Generally,exempt payees to the requester.For interest and dividend payments,and certain payments made reported and direct sales over o be 1 through 52 with respect to readily tradable instruments,generally you will have 60 days to get P g a TIN and give it to the requester before you are subject to backup withholding on payments.The 60-day rule does not apply to other types of payments.You will be Payments made in settlement of Exempt payees 1 through 4 subject to backup withholding on all such payments until you provide your TIN to payment card or third party network the requester. transactions Note.Entering"Applied For'means that you have already applied for a TIN or that See Form 1099-MISC, Miscellaneous Income,and its instructions. you intend to apply for one soon. Caution:A disregarded U.S.entity that has a foreign owner must use the appropriate Form W-8. Form W-9(Rev.12-2014) Page 4 Part II. Certification 3You must show your individual name and you may also enter your business or DBA name on the"Business name/disregarded entity"name line.You may use either your SSN or EIN(if you To establish to the withholding agent that you are a U.S.person,or resident alien, have one),but the IRSencourages you to use your SSN. sign Form W-9.You may be requested to sign by the withholding agent even if 4 items 1,4,or 5 below indicate otherwise. List first and circle the name of the trust,estate,or pension trust.(Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account For a joint account,only the person whose TIN is shown in Part I should sign title.)Also see Special rules for partnerships on page 2. (when required).In the case of a disregarded entity,the person identified on line 1 *Note.Grantor also must provide a Form W-9 to trustee of trust. must sign.Exempt payees,see Exempt payee code earlier. Note. If no name is circled when more than one name is listed,the number will be Signature requirements.Complete the certification as indicated in items 1 considered to be that of the first name listed. through 5 below. Secure Your Tax Records from Identity Theft 1.Interest,dividend,and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.You must give your Identity theft occurs when someone uses your personal information such as your correct TIN,but you do not have to sign the certification. name,SSN,or other identifying information,without your permission,to commit 2.Interest,dividend,broker,and barter exchange accounts opened after fraud or other crimes.An identity thief may use your SSN to get a job or may file a 1983 and broker accounts considered inactive during 1983.You must sign the tax return using your SSN to receive a refund. certification or backup withholding will apply. If you are subject to backup To reduce your risk: withholding and you are merely providing your correct TIN to the requester,you -Protect your SSN, must cross out item 2 in the certification before signing the form. -Ensure your employer is protecting your SSN,and 3.Real estate transactions.You must sign the certification. You may cross out item 2 of the certification. -Be careful when choosing a tax preparer. 4.Other payments.You must give your correct TIN,but you do not have to sign If your tax records are affected by identity theft and you receive a notice from the certification unless you have been notified that you have previously given an the IRS,respond right away to the name and phone number printed on the IRS incorrect TIN."Other payments" include payments made in the course of the notice or letter. requester's trade or business for rents,royalties,goods(other than bills for If your tax records are not currently affected by identity theft but you think you merchandise),medical and health care services(including payments to are at risk due to a lost or stolen purse or wallet,questionable credit card activity corporations),payments to a nonemployee for services,payments made in or credit report,contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit settlement of payment card and third party network transactions,payments to Form 14039. certain fishing boat crew members and fishermen,and gross proceeds paid to attorneys(including payments to corporations). For more information,see Publication 4535,Identity Theft Prevention and Victim Assistance. 5.Mortgage interest paid by you,acquisition or abandonment of secured property,cancellation of debt,qualified tuition program payments(under Victims of identity theft who are experiencing economic harm or a system section 529),IRA,Coverdell ESA,Archer MSA or HSA contributions or problem,or are seeking help in resolving tax problems that have not been resolved distributions,and pension distributions.You must give your correct TIN,but you through normal channels,may be eligible for Taxpayer Advocate Service(TAS) do not have to sign the certification. assistance.You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 orTTY/TDD 1-800-829-4059. What Name and Number To Give the Requester Protect yourselffrom suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business For this type of account: Give name and SSN of: emails and websites.The most common act is sending an email to a user falsely 1.Individual The individual claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. 2.Two or more individuals(joint The actual owner of the account or, account) if combined funds,the first The IRS does not initiate contacts with taxpayers via emails.Also,the IRS does individual on the account' not request personal detailed information through email or ask taxpayers for the PIN numbers,passwords,or similar secret access information for their credit card, 3.Custodian account of a minor The minor' bank,or other financial accounts. (Uniform Gift to Minors Act) If you receive an unsolicited email claiming to be from the IRS,forward this 4.a.The usual revocable savings The grantor-trustee' message to phishing@irs.gov.You may also report misuse of the IRS name,logo, trust(grantor is also trustee) or other IRS property to the Treasury Inspector General for Tax Administration b.So-called trust account that is The actual owner' (TIGTA)at 1-800-366-4484. You can forward suspicious emails to the Federal not a legal or valid trust under Trade Commission at:spam@uce.gov or contact them at www.ftc.gov/idtheft or state law 1-877-IDTHEFT(1-877-438-4338). 5.Sole proprietorship or disregarded The owner' Visit IRS.gov to learn more about identity theft and how to reduce your risk. entity owned by an individual 6.Grantor trust filing under Optional The grantor* Privacy Act Notice Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) Section 6109 of the Internal Revenue Code requires you to provide your correct TIN (A)) to persons(including federal agencies)who are required to file information returns with the IRS to report interest,dividends,or certain other income paid to you; For this type of account: Give name and EIN of: mortgage interest you paid;the acquisition or abandonment of secured property; 7.Disregarded entity not owned by an The owner the cancellation of debt;or contributions you made to an IRA,Archer MSA,or HSA. individual The person collecting this form uses the information on the form to file information 8.A valid trust,estate,or pension trust Legal entity' returns with the IRS,reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal 9.Corporation or LLC electing The corporation litigation and to cities,states,the District of Columbia,and U.S.commonwealths corporate status on Form 8832 or and possessions for use in administering their laws.The information also may be Form 2553 disclosed to other countries under a treaty,to federal and state agencies to enforce 10.Association,club,religious, The organization civil and criminal laws,or to federal law enforcement and intelligence agencies to charitable,educational,or other tax- combat terrorism.You must provide your TIN whether or not you are required to file exempt organization a tax return.Under section 3406,payers must generally withhold a percentage of 11.Partnership or multi-member LLC The partnership taxable interest,dividend,and certain other payments to a payee who does not give a TIN to the payer.Certain penalties may also apply for providing false or 12.A broker or registered nominee The broker or nominee fraudulent information. 13.Account with the Department of The public entity Agriculture in the name of a public entity(such as a state or local government,school district, or prison)that receives agricultural program payments 14.Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2(see Regulations section 1.671-4(b)(2)(i) (B)) List first and circle the name of the person whose number you furnish.If only one person on a joint account has an SSN,that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. Fft C`( '; UNBEACH,l {CRA Vendor ID: COMMUNffY REDEVELOPMENT A Office use only Vendor Application • Submit a current W-9 with application The CRA's Vendor List is updated periodically. An updated W-9 is required whenever there is a change in address, and must be submitted to the CRA Finance Department. Phone number is 561-600-9092 or 561-600-9095. All the *fields are required Apply Date* Federal ID#* Company Type* ❑Corporation ❑ Individual/Sole Proprietor ❑ Joint Venture ❑ LLC ❑l Partnership/Limited Partnership ❑ Non Profit* Company Name* D.B.A Email Address* Address* Suite/Unit# City* State/Province* Zip Code* Phone No_ Ext. Fax# Contact Person* Title Mobile# ❑ Check this box if the Billing Address is same as Company Address. Otherwise please complete the following: Address* Suite/Unit# City* State/Province* Zip Code* Phone No_ Ext. Fax# Contact Person* Title Mobile# Principal line of business: PLEASE NOTE:THE STATE OF FLORIDA HAS A BROAD PUBLIC RECORDS LAW.ALL RECORDS OF THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE ARE OPEN FOR PUBLIC INSPECTION AND COPYING,SUBJECT TO CERTAIN STATUTORY EXEMPTIONS. IF YOU CHOOSE TO PROVIDE PERSONAL INFORMATION SUCH AS YOUR NAME, EMAIL ADDRESS,PHONE NUMBER(S),ADDRESS OR ANY OTHER PERSONAL INFORMATION IN THIS CONTACT FORM OR OTHER FORM ON THIS SITE,UNLESS EXEMPTED BY FLORIDA STATUTES,THIS INFORMATION IS A PUBLIC RECORD UNDER FLORIDA'S GOVERNMENT IN THE SUNSHINE LAWS AND IS AVAILABLE FOR PUBLIC INSPECTION UPON REQUEST.IF YOU DO NOT WANT THIS INFORMATION RELEASED IN RESPONSE TO A PUBLIC RECORDS REQUEST,PLEASE DO NOT SUBMIT THIS INFORMATION.IF YOU HAVE QUESTIONS ABOUT OUR WEBSITE'S PRIVACY POLICIES,PLEASE CONTACT US AT 561-600-9092 or 561-600-9095. t f BOYN , f itlil!;441, ls'ia`) E , RAooeoo .......... ... • - • • e • sod,R/0186//a 0 u tre a c hPro ram Ri Of ow W Y 01 -, U R BUSINESS ! The Boynton Beach CRA is excited to inform _ you about our Social Media Outreach Program! Our - • • - - • goal is to helpbusinesses within e CRA Districtestablish li e presence. The best ? is - •completely ! Renee ers, Social Media & Communications Specialist, is here to teach you the tools you need successfully market your business on social media ' and online platforms. This program aims to helpbusiness owners manage and learn how to utilize social media pages. We offer a range of services, from starting business accounts, building ad campaigns for events to special promotions, or posting day to day activity and products. tact us today to getstarted! INFORMATION:CONTACT • • . Name: • . • s Business: Email: Phone: ! �, � \ » . . � \ . �« �» >\ . § : (�_\��a=�� . � :_ «- . - �_.�2�±���J�»� � ° 7/ ® � .���������� : , <�\ �K-�\ � \ \� - ©��� »\\��� - � � .- . .—. , � - . w � �. . - \ /�/� d� ` �< ._\« © -: < « . r ? , /\�? \ .. � � \ \\ \\: � \d\ I � ^ 2\ ^,� \ \�/ ` ` ® -- d\�/\- �\\ \ �. y : > - _ » : x « I» - - \? � ` ° �� a . : : : : : , \ l — ani Uy Y 1 a }At {J B ' JT1 B EACH COMMUMTY REDEVELOPMENT October 1 , 2020 — September 30, 2021 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERICAL PROPERTY IMPROVEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Property Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the repair and rehabilitation of buildings or other improvements in accordance with the BBCRA Community Redevelopment Plan. Improvements paid for by the BBCRA must be permanent and stay with the building. The BBCRA reserves the right to approve or deny any Commercial Property Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. For purposes of this application, the term "new business" means a company in operation for less than six months or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The term "project" means the eligible exterior or interior improvement project for which the applicant seeks reimbursement. Initials Page 1 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Property Improvement Grant Program offers financial assistance to the landlord or business owner in the form of a reimbursable, matching grant for 50% of eligible expenses, up to $50,000, associated with the construction or renovation of the exterior and interior elements of the commercial operating space. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http-//www.boynton-beach.org/go- green/pace_program.php or by contacting the City of Boynton Beach at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com or view the attached brochure. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). Initials Page 2 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Improvements to non-profit and residentially zoned properties are NOT eligible expenses. • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than $250,000 (based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. • Grant funding amounts will be based on the applicant's project budget, specified at the time of the BBCRA Board approval, plus an added 20% contingency funding amount. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Property Improvement Grant Program may only be used one time in any five year period for any one property. Entities hoping to improve properties that were previously improved using a BBCRA improvement grant may apply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding liens, violations or monies owed for utilities, the BBCRA will perform a lien search on the property at a cost of $115.00, which will be deducted from any grant funding awarded to the recipient. Initials Page 3 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • The property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach, and submit for reimbursement within 180 days of the issuance date of the permit for the project. If BBCRA Board approves grant funding and the work being performed does not require a permit, the Certificate of Completion (or equivalent) and application for reimbursement must be within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in termination of the grant award. Only one 60 day administrative extension will be permitted, and the BBCRA has the sole and absolute discretion to grant or deny such extension. • Project items completed and paid for by the applicant more than 60 days prior to grant approval by the BBCRA Board are not eligible for reimbursement under the grant program. A complete application must be received within 60 days of payment in order for an expense to be eligible for reimbursement. Once a complete application is received, the application will be placed on the next available agenda for review and potential approval. • BBCRA Board approval of this grant results only in funding. Approval of BBCRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Projects and items eligible for funding under this grant program are limited to: • Structural walls • Plumbing • Flooring • Grease trap installation • HVAC system • ADA Improvements • Electrical systems, • Hood Mire • Signage including exterior and suppression • Doors/windows interior lighting Initials Page 4 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Landscaping and • Parking lot re-paving, • Patio decks irrigation within the re-sealing, and/or connected to the project site restriping building • Painting • Fencing (excluding • Demolition of structure • Roofing (Not to chain link, barbed wire, and re-sodding of exceed 50% of and wood panels) vacant property total grant award) • Electric vehicle charging • Solar electricity and • Security stations — See attached water heating — See cameras/system** ReNew PACE Eligible attached ReNew PACE (not including Product List Eligible Product List security personnel) ** Notwithstanding the limitation that grants may only be used once every five years for any one property, previous grant recipients that received less than the maximum amount of grant funding from Commercial Property Improvement Grants or Economic Development Grants are eligible to reapply to receive 50% matching reimbursable funding in an amount not to exceed $3,000 for the installation of new security cameras/systems. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Property Improvement Grant Program: • Massage/Personal Services • Medical Research Centers/Housing • Firearm Sales/Shooting Ranges • Massage/Personal Services • Religion- Affiliated Retail Stores • Churches/places of worships • Non-profit Organizations • Alcohol and/or Drug Rehabilitation • Adult Gambling Arcades Centers/Housing • Check Cashing Stores • Any other use that the BBCRA staff • Adult Entertainment or BBCRA Board determine will not • Vapor/E-Cigarette Stores support the redevelopment of the • CBD Retail Stores BBCRA Area Grant Terms and Conditions This grant is divided into three tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. All Initials Page 5 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com reimbursement checks from the BBCRA to the successful applicant will be made out to the applicant (the business entity). Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval, plus an added 20% for contingency funding. Tier One Business Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $50,000 in grant funding. Tier One Businesses must be one of the following types of business: • Restaurant • Bakery • Gourmet Food Market • Hotels/Motels/Bed and Breakfast Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $25,000 in grant funding. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home D6cor/Design — home • Boutiques — clothing, shoes & furnishings, art galleries, kitchen accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than two • Real Estate Offices approvals per fiscal year) • Marketing Offices • Medical Offices • Fitness Facilities —yoga, dance • Insurance Offices exercise, martial arts, etc. • Take Out Restaurants • Auto Services Facilities — repair, • Tattoo Parlor/Body Piercing/Body storage, sales, etc Art Shop (no more than two • Specialty Retail Businesses — approvals per fiscal year) stationary, gifts, sporting goods • Florists (no more than two approvals per fiscal year) Initials Page 6 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com • Other commercial fagade only improvements Tier Three Business (no more than two approvals per fiscal year) Tier Three Businesses are subject to BBCRA Board for review and approval. Tier Three Businesses eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $15,000 in grant funding. Tier Three Businesses must be one of the following types of businesses: • Kava Tea Bar • Pawn Shops • Convenience Stores: (Fagade • Liquor Store and Security Improvement • Laundry/Dry Cleaner facility only) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, Boynton Beach, FL 33435 or downloaded from www.boytonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting Initials Page 7 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants must submit an original, "hard copy" application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-serve basis. Application packets must include the following documentation- 1. ocumentation:1. A non-refundable fee of$100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Written detailed project budget describing the improvements to be done to the property. 3. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. It must list all project costs for which the applicant is requesting reimbursement. The project budget must provide a total cost of the project. 4. Signage design, project color chips, material samples and material specifications, if applicable. 5. Copy of building permit receipt/application. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 90 days of grant approval, or the grant award may be terminated. 6. Resume for each principal/owner of the business. 7. Copy of the corporate documents for the applying business entity. 8. Copy of executed multi-year commercial lease agreement. 9. Copy of Warranty Deed. 10.Two years of corporate tax returns (for existing businesses only). 11.Two years of personal tax returns for the principal/owners of a new business. 12.Copy of design and construction plans associated with the proposed improvements. 13.List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 14.A minimum of four color digital "before" photos of the exterior and interior portions of the project. 15.Completed and signed application (attached). Initials Page 8 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 16.Authorization to perform credit check for the business and each principal/owner of the business (attached). 17.W9 Form and Vendor Application (attached). 18.City Planning and Development Department Acknowledgement Form (attached). 19.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 18 and 19) must be completed and submitted to the appropriate departments, which are located at City Hall 100 East Ocean Avenue, Building Department, Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All required documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the project is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month at the Commission Chambers located in City Hall at 100 East Ocean Avenue, Boynton Beach, FL 33435. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant. Initials Page 9 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com Procedures for Reimbursement This program is designed as a matching 50% reimbursable grant. All work must be completed and paid for by the applicant prior to the release of BBCRA funds. The BBCRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the BBCRA (3) days prior to the grant expiration date. The BBCRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full." Proposals for "work to be completed" or "bids" are not considered proper documentation. a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. 2. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 3. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 4. A minimum of 4 color "after" photos of the project. By submitting for reimbursement, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement that have been used as part of a reimbursement request for any other grant program offered by the BBCRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. Initials Page 10 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible have been paid is sufficient assurance for the BBCRA to award grant funding Initials Page 11 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): Current Business Address: Fed I D#: Business Phone Number: Cell: Website: Existing Business: Yes No Number of years in existence: Time at Current Location: New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes _ No_ If so, monthly base rent: New Business Address (if applicable): Square footage of current location: Square footage of new location: Type of Business: Tier 1 Business: ❑ Tier 2 Business: ❑ Tier 3 Business: ❑ (Tier Classification subject to BBCRA Board Approval) Number of Employees: Hours of Operation: List of improvements seeking reimbursement for: Requested grant amount: Page 12 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistant under any other program offered by the BBCRA? Yes No If yes, what additional programs are you applying for: Page 13 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes _ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: Landlord's Mailing Address: Landlord's Phone Number: CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I” refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). 1, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I Initials Page 14 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the BBCRA to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the BBCRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Initials Page 15 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: 1. Principal/Owner's Signature Date Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20 NOTARY PUBLIC My Commission Expires: Page 16 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNKY REDEVEI„OPMENTAGENCY LANDLORD INFORMATION LANDLORD SIGNATURES: 1. Landlord's Signature Date Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20 NOTARY PUBLIC My Commission Expires: Page 17 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI„ P ENT AUTHORIZATION TO PERFORM A CREDIT CHECK FOR PRINCIPAL/OWNER The applicant hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives and all claims, past, present or future, which the applicant may have against the BBCRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein give to the BBCRA. An authorization to Perform Credit Check needs to be complete by each Principal/Owner and by the Business. Please us a separate form for each principal/owner: Principal/Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone Number: Signature: Date: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,����t�4� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI„ P ENT AUTHORIZATION TO PERFORM A CREDIT CHECK FOR BUSINESS The applicant hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the applicant. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the applicant's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Applicant grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating on the date the grant has been fulfilled. This applicant hereby waives and all claims, past, present or future, which the applicant may have against the BBCRA by reason of any credit investigation made pursuant to applicant's consent and authorization herein give to the BBCRA. An authorization to Perform Credit Check needs to be complete by each Principal/Owner and by the Business. Business (d/b/a if applicable): Federal Tax I D #: Current Business Address: State of Corporation: Email: Phone Number: Fax Number: Signature: Date: Title: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI„ P ENT CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT DEPT. ACKNOWLEDGEMENT FORM COMMERCIAL PROPERTY IMPROVEMENT GRANT PROGRAM BBCRA Grant Applicant: has met with the City's Planning & Development Department to review the improvements that will done on the property located at: List of Improvements: City of Boynton Beach Planning & Development Dept. Reviewed by: Date: Requirements: 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 14 V)� S N t YM 1 ,� E H ���,,�<<� «<4 ,, RA COMMUNITYRE'DEVEI„ P ENT CITY OF BOYNTON BEACH PERMIT DEPT. ACKNOWLEDGEMENT FORM COMMERCIAL PROPERTY IMPROVEMENT GRANT PROGRAM BBCRA Grant Applicant: has met with the City's Permit Department to review the improvements that will done on the property located at: List of Improvements: City of Boynton Beach Permit Dept. Reviewed by: Date: Requirements: 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT (PAYMENT BY CHECK) The undersigned lienor, in consideration of the final payment in the amount of $ and condition upon payment of check number issued to the undersigned by in said amount, (Business Owner) waives and releases its lien and right to claim a lien for labor, services or materials furnished to on the job of to (Business Owner) (Business Entity) the following described property: (Property Address) Dated on: 20_ Lienor's Signature: Printed Name: Company: Address: MAP OF CRA AREA NE th Ave Gate„l aY Env r fn L L r LU Z 4i mr Stanley Wea er Canal 20" a v > Marti Luther Kin r Blvd o y U z W c U z W Boynton Beach 1 d 00 E Oc ai i Ave ZE 2nd A e > 2 as m IT fq L v U) = y E oo righ Rd a 0 U U) 23 d Av SW 23rd Ave CRAAREA- 1,650 acres Water Major Roads Railroads Gulfstream vd W�E BOYNTON[ 0 o.zs o.s BEACHCRA Miles g C,06=MUNfl n e -ir> r «ikG_NC',Y Form W-9 Request for Taxpayer Give Form to the (Rev.December 2014) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. N 2 Business name/disregarded entity name,if different from above (D rn M 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to certain entities, not individuals; see O ❑Individual/sole proprietor or ❑ C Corporation ❑S Corporation ❑ Partnership ❑ Trust/estate Wnstructions on page 3): ar c single-member LLC CL O Limited liability company. Enter the tax classification C=C corporation,S=S corporation, P=partnership)01Exempt payee code(if any) OExemption from FATCA reporting Note. For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for y the tax classification of the single-member owner. code(if any) CL G ❑Other(see instructions) 01 (Applies to accounts maintained outside the U.S.) w 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) v a CL CO 6 City,state,and ZIP code (D U) 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals,this is generally your social security number(SSN). However,for a resident alien,sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other — — entities, it is your employer identification number(EIN). If you do not have a number, see How to get a L I TINon page 3. or Note. If the account is in more than one name,seethe instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. F3 Mt Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. I am not subject to backup withholding because: (a)I am exempt from backup withholding, or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S.citizen or other U.S. person(defined below);and 4.The FATCA code(s)entered on this form (if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN.See the instructions on page 3. Sign Signature of Here U.S.person► Date ► General Instructions -Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. -Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such -Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.gov/fw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding. See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identification number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding, or -Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If -Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the -Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and -Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting, is correct. See What is FA TCA reporting?on -Form 1099-S(proceeds from real estate transactions) page 2 for further information. -Form 1099-K(merchant card and third party network transactions) Cat.No. 10231X Form W-9 (Rev.12-2014) Form W-9(Rev.12-2014) Page 2 Note. If you are a U.S.person and a requester gives you a form other than Form 3.The IRS tells the requester that you furnished an incorrect TIN, W-9 to request your TIN,you must use the requester's form if it is substantially 4.The IRS tells you that you are subject to backup withholding because you did similar to this Form W-9. not report all your interest and dividends on your tax return(for reportable interest Definition of a U.S.person.For federal tax purposes,you are considered a U.S. and dividends only),or person if you are: 5.You do not certify to the requester that you are not subject to backup -An individual who is a U.S.citizen or U.S.resident alien; withholding under 4 above(for reportable interest and dividend accounts opened -A partnership,corporation,company, or association created or organized in the after 1983 only). United States or under the laws of the United States; Certain payees and payments are exempt from backup withholding. See Exempt -An estate(other than a foreign estate);or payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. -A domestic trust(as defined in Regulations section 301.7701-7). Also see Special rules for partnerships above. Special rules for partnerships.Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section What is FATCA reporting? 1446 on any foreign partners'share of effectively connected taxable income from such business. Further,in certain cases where a Form W-9 has not been received, The Foreign Account Tax Compliance Act(FATCA)requires a participating foreign the rules under section 1446 require a partnership to presume that a partner is a financial institution to report all United States account holders that are specified foreign person,and pay the section 1446 withholding tax.Therefore,if you are a United States persons.Certain payees are exempt from FATCA reporting.See U.S.person that is a partner in a partnership conducting a trade or business in the Exemption from FATCA reporting code on page 3 and the Instructions for the United States,provide Form W-9 to the partnership to establish your U.S.status Requester of Form W-9 for more information. and avoid section 1446 withholding on your share of partnership income. In the cases below,the following person must give Form W-9 to the partnership Updating Your Information for purposes of establishing its U.S.status and avoiding withholding on its You must provide updated information to any person to whom you claimed to be allocable share of net income from the partnership conducting a trade or business an exempt payee if you are no longer an exempt payee and anticipate receiving in the United States: reportable payments in the future from this person. For example,you may need to -In the case of a disregarded entity with a U.S.owner,the U.S.owner of the provide updated information if you are a C corporation that elects to be an S disregarded entity and not the entity; corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account;for example,if the grantor -In the case of a grantor trust with a U.S.grantor or other U.S.owner,generally, of a grantor trust dies. the U.S.grantor or other U.S.owner of the grantor trust and not the trust;and -In the case of a U.S.trust(other than a grantor trust),the U.S.trust(other than a Penalties grantor trust)and not the beneficiaries of the trust. Failure to furnish TIN.If you fail to furnish your correct TIN to a requester,you are Foreign person.If you are a foreign person or the U.S.branch of a foreign bank subject to a penalty of$50 for each such failure unless your failure is due to that has elected to be treated as a U.S.person,do not use Form W-9.Instead,use reasonable cause and not to willful neglect. the appropriate Form W-8 or Form 8233(see Publication 515,Withholding of Tax Civil penalty for false information with respect to withholding.If you make a on Nonresident Aliens and Foreign Entities). false statement with no reasonable basis that results in no backup withholding, Nonresident alien who becomes a resident alien.Generally,only a nonresident you are subject to a$500 penalty. alien individual may use the terms of a tax treaty to reduce or eliminate U.S.tax on Criminal penalty for falsifying information.Willfully falsifying certifications or certain types of income.However,most tax treaties contain a provision known as affirmations may subject you to criminal penalties including fines and/or a"saving clause."Exceptions specified in the saving clause may permit an imprisonment. exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S.resident alien for tax purposes. Misuse of TINS.If the requester discloses or uses TINs in violation of federal law, If you are a U.S.resident alien who is relying on an exception contained in the the requester may be subject to civil and criminal penalties. saving clause of a tax treaty to claim an exemption from U.S.tax on certain types of income,you must attach a statement to Form W-9 that specifies the following Specific Instructions five items: 1.The treaty country. Generally,this must be the same treaty under which you Line 1 claimed exemption from tax as a nonresident alien. You must enter one of the following on this line;do not leave this line blank.The 2.The treaty article addressing the income. name should match the name on your tax return. 3.The article number(or location)in the tax treaty that contains the saving If this Form W-9 is for a joint account,list first,and then circle,the name of the clause and its exceptions. person or entity whose number you entered in Part I of Form W-9. 4.The type and amount of income that qualifies for the exemption from tax. a. Individual.Generally,enter the name shown on your tax return.If you have changed your last name without informing the Social Security Administration (SSA) 5.Sufficient facts to justify the exemption from tax under the terms of the treaty of the name change,enter your first name,the last name as shown on your social article. security card,and your new last name. Example.Article 20 of the U.S.-China income tax treaty allows an exemption Note.ITIN applicant:Enter your individual name as it was entered on your Form from tax for scholarship income received by a Chinese student temporarily present W-7 application, line 1a.This should also be the same as the name you entered on in the United States.Under U.S.law,this student will become a resident alien for the Form 1040/1040A/1040EZ you filed with your application. tax purposes if his or her stay in the United States exceeds 5 calendar years. However,paragraph 2 of the first Protocol to the U.S.-China treaty(dated April 30, b. Sole proprietor or single-member LLC.Enter your individual name as 1984)allows the provisions of Article 20 to continue to apply even after the shown on your 1040/1040A/1040EZ on line 1.You may enter your business,trade, Chinese student becomes a resident alien of the United States.A Chinese student or"doing business as"(DBA)name on line 2. who qualifies for this exception (under paragraph 2 of the first protocol)and is c. Partnership,LLC that is not a single-member LLC,C Corporation,or S relying on this exception to claim an exemption from tax on his or her scholarship Corporation.Enter the entity's name as shown on the entity's tax return on line 1 or fellowship income would attach to Form W-9 a statement that includes the and any business,trade,or DBA name on line 2. information described above to support that exemption. d. Other entities.Enter your name as shown on required U.S.federal tax If you are a nonresident alien or a foreign entity,give the requester the documents on line 1.This name should match the name shown on the charter or appropriate completed Form W-8 or Form 8233. other legal document creating the entity.You may enter any business,trade,or DBA name on line 2. Backup Withholding e. Disregarded entity.For U.S.federal tax purposes,an entity that is What is backup withholding?Persons making certain payments to you must disregarded as an entity separate from its owner is treated as a"disregarded under certain conditions withhold and pay to the IRS 28%of such payments.This entity." See Regulations section 301.7701-2(c)(2)(iii).Enter the owner's name on is called"backup withholding." Payments that may be subject to backup line 1.The name of the entity entered on line 1 should never be a disregarded withholding include interest,tax-exempt interest,dividends, broker and barter entity.The name on line 1 should be the name shown on the income tax return on exchange transactions, rents,royalties,nonemployee pay,payments made in which the income should be reported. For example,if a foreign LLC that is treated settlement of payment card and third party network transactions,and certain as a disregarded entity for U.S.federal tax purposes has a single owner that is a payments from fishing boat operators. Real estate transactions are not subject to U.S.person,the U.S.owner's name is required to be provided on line 1.If the backup withholding. direct owner of the entity is also a disregarded entity,enter the first owner that is You will not be subject to backup withholding on payments you receive if you not disregarded for federal tax purposes. Enter the disregarded entity's name on give the requester your correct TIN,make the proper certifications, and report all line 2,"Business name/disregarded entity name."If the owner of the disregarded your taxable interest and dividends on your tax return. entity is a foreign person,the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S.TIN. Payments you receive will be subject to backup withholding if: 1.You do not furnish your TIN to the requester, 2.You do not certify your TIN when required(see the Part II instructions on page 3 for details), Form W-9(Rev.12-2014) Page 3 Line 2 2 However,the following payments made to a corporation and reportable on Form If you have a business name,trade name,DBA name,or disregarded entity name, 1099-MISC are not exempt from backup withholding: medical and health care you may enter it on line 2. payments,attorneys'fees,gross proceeds paid to an attorney reportable under section 6045(f),and payments for services paid by a federal executive agency. Line 3 Exemption from FATCA reporting code.The following codes identify payees Check the appropriate box in line 3 for the U.S.federal tax classification of the that are exempt from reporting under FATCA.These codes apply to persons person whose name is entered on line 1.Check only one box in line 3. submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore,if you are only submitting this form Limited Liability Company(LLC).If the name on line 1 is an LLC treated as a for an account you hold in the United States,you may leave this field blank. partnership for U.S.federal tax purposes,check the"Limited Liability Company" Consult with the person requesting this form if you are uncertain if the financial box and enter"P" in the space provided. If the LLC has filed Form 8832 or 2553 to institution is subject to these requirements.A requester may indicate that a code is be taxed as a corporation,check the"Limited Liability Company" box and in the not required by providing you with a Form W-9 with"Not Applicable" (or any space provided enter"C" for C corporation or"S"for S corporation. If it is a similar indication)written or printed on the line for a FATCA exemption code. single-member LLC that is a disregarded entity,do not check the"Limited Liability Company" box;instead check the first box in line 3"Individual/sole proprietor or A—An organization exempt from tax under section 501(a)or any individual single-member LLC." retirement plan as defined in section 7701(a)(37) Line 4, Exemptions B—The United States or any of its agencies or instrumentalities If you are exempt from backup withholding and/or FATCA reporting,enter in the C—A state,the District of Columbia,a U.S.commonwealth or possession,or appropriate s ace io line 4 an codes that n apply to you. any of their political subdivisions or instrumentalities P Y ( ) Y PP Y Exempt payee code. D—A corporation the stock of which is regularly traded on one or more established securities markets,as described in Regulations section - Generally,individuals(including sole proprietors)are not exempt from backup 1.1472-1(c)(1)(i) withholding. E—A corporation that is a member of the same expanded affiliated group as a - Except as provided below,corporations are exempt from backup withholding corporation described in Regulations section 1.1472-1(c)(1)(i) for certain payments,including interest and dividends. F—A dealer in securities,commodities, or derivative financial instruments - Corporations are not exempt from backup withholding for payments made in (including notional principal contracts, futures,forwards, and options)that is settlement of payment card or third party network transactions. registered as such under the laws of the United States or any state - Corporations are not exempt from backup withholding with respect to attorneys' G—A real estate investment trust fees or gross proceeds paid to attorneys,and corporations that provide medical or H—A regulated investment company as defined in section 851 or an entity health care services are not exempt with respect to payments reportable on Form registered at all times during the tax year under the Investment Company Act of 1099-MISC. 1940 The following codes identify payees that are exempt from backup withholding. I—A common trust fund as defined in section 584(a) Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a),any IRA,or a J—A bank as defined in section 581 custodial account under section 403(b)(7)if the account satisfies the requirements K—A broker of section 401(f)(2) L—A trust exempt from tax under section 664 or described in section 4947(a)(1) 2—The United States or any of its agencies or instrumentalities M—A tax exempt trust under a section 403(b)plan or section 457(g)plan 3—A state,the District of Columbia,a U.S.commonwealth or possession,or Note.You may wish to consult with the financial institution requesting this form to any of their political subdivisions or instrumentalities determine whether the FATCA code and/or exempt payee code should be 4—A foreign government or any of its political subdivisions,agencies,or completed. instrumentalities Line 5 5—A corporation 6—A dealer in securities or commodities required to register in the United Enter your address(number,street,and apartment or suite number).This is where States,the District of Columbia,or a U.S.commonwealth or possession the requester of this Form W-9 will mail your information returns. 7—A futures commission merchant registered with the Commodity Futures Line 6 Trading Commission Enter your city,state,and ZIP code. 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Part I. Taxpayer Identification Number(TIN) Company Act of 1940 Enter your TIN in the appropriate box.If you are a resident alien and you do not 10—A common trust fund operated by a bank under section 584(a) have and are not eligible to get an SSN,your TIN is your IRS individual taxpayer identification number(ITIN).Enter it in the social security number box. If you do not 11—A financial institution have an ITIN,see How to get a TIN below. 12—A middleman known in the investment community as a nominee or If you are a sole proprietor and you have an EIN,you may enter either your SSN custodian or EIN.However,the IRS prefers that you use your SSN. 13—A trust exempt from tax under section 664 or described in section 4947 If you are a single-member LLC that is disregarded as an entity separate from its The following chart shows types of payments that may be exempt from backup owner(see Limited Liability Company(LLC)on this page),enter the owner's SSN withholding. The chart applies to the exempt payees listed above,1 through 13. (or EIN,if the owner has one).Do not enter the disregarded entity's EIN.If the LLC is classified as a corporation or partnership,enter the entity's EIN. IF the payment is for... THEN the payment is exempt for... Note.See the chart on page 4 for further clarification of name and TIN combinations. Interest and dividend payments All exempt payees except How to get a TIN.If you do not have a TIN,apply for one immediately. To apply for for 7 an SSN,get Form SS-5,Application for a Social Security Card,from your local SSA office or get this form online at wvvwssa.gov.You may also get this form by calling Broker transactions Exempt payees 1 through 4 and 6 1-800-772-1213. Use Form W-7,Application for IRS Individual Taxpayer through 11 and all C corporations. S Identification Number,to apply for an ITIN,or Form SS-4,Application for Employer corporations must not enter an exempt Identification Number,to apply for an EIN.You can apply for an EIN online by payee code because they are exempt accessing the IRS website at www.irs.gov/businesses and clicking on Employer only for sales of noncovered securities Identification Number(EIN)under Starting a Business.You can get Forms W-7 and acquired prior to 2012. SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). Barter exchange transactions and Exempt payees 1 through 4 If you are asked to complete Form W-9 but do not have a TIN,apply for a TIN patronage dividends and write"Applied For'in the space for the TIN,sign and date the form,and give it Payments over$600 required to be Generally,exempt payees to the requester.For interest and dividend payments,and certain payments made reported and direct sales over o be 1 through 52 with respect to readily tradable instruments,generally you will have 60 days to get P g a TIN and give it to the requester before you are subject to backup withholding on payments.The 60-day rule does not apply to other types of payments.You will be Payments made in settlement of Exempt payees 1 through 4 subject to backup withholding on all such payments until you provide your TIN to payment card or third party network the requester. transactions Note.Entering"Applied For'means that you have already applied for a TIN or that See Form 1099-MISC, Miscellaneous Income,and its instructions. you intend to apply for one soon. Caution:A disregarded U.S.entity that has a foreign owner must use the appropriate Form W-8. Form W-9(Rev.12-2014) Page 4 Part II. Certification 3You must show your individual name and you may also enter your business or DBA name on the"Business name/disregarded entity"name line.You may use either your SSN or EIN(if you To establish to the withholding agent that you are a U.S.person,or resident alien, have one),but the IRSencourages you to use your SSN. sign Form W-9.You may be requested to sign by the withholding agent even if 4 items 1,4,or 5 below indicate otherwise. List first and circle the name of the trust,estate,or pension trust.(Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account For a joint account,only the person whose TIN is shown in Part I should sign title.)Also see Special rules for partnerships on page 2. (when required).In the case of a disregarded entity,the person identified on line 1 *Note.Grantor also must provide a Form W-9 to trustee of trust. must sign.Exempt payees,see Exempt payee code earlier. Note. If no name is circled when more than one name is listed,the number will be Signature requirements.Complete the certification as indicated in items 1 considered to be that of the first name listed. through 5 below. Secure Your Tax Records from Identity Theft 1.Interest,dividend,and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.You must give your Identity theft occurs when someone uses your personal information such as your correct TIN,but you do not have to sign the certification. name,SSN,or other identifying information,without your permission,to commit 2.Interest,dividend,broker,and barter exchange accounts opened after fraud or other crimes.An identity thief may use your SSN to get a job or may file a 1983 and broker accounts considered inactive during 1983.You must sign the tax return using your SSN to receive a refund. certification or backup withholding will apply. If you are subject to backup To reduce your risk: withholding and you are merely providing your correct TIN to the requester,you -Protect your SSN, must cross out item 2 in the certification before signing the form. -Ensure your employer is protecting your SSN,and 3.Real estate transactions.You must sign the certification. You may cross out item 2 of the certification. -Be careful when choosing a tax preparer. 4.Other payments.You must give your correct TIN,but you do not have to sign If your tax records are affected by identity theft and you receive a notice from the certification unless you have been notified that you have previously given an the IRS,respond right away to the name and phone number printed on the IRS incorrect TIN."Other payments" include payments made in the course of the notice or letter. requester's trade or business for rents,royalties,goods(other than bills for If your tax records are not currently affected by identity theft but you think you merchandise),medical and health care services(including payments to are at risk due to a lost or stolen purse or wallet,questionable credit card activity corporations),payments to a nonemployee for services,payments made in or credit report,contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit settlement of payment card and third party network transactions,payments to Form 14039. certain fishing boat crew members and fishermen,and gross proceeds paid to attorneys(including payments to corporations). For more information,see Publication 4535,Identity Theft Prevention and Victim Assistance. 5.Mortgage interest paid by you,acquisition or abandonment of secured property,cancellation of debt,qualified tuition program payments(under Victims of identity theft who are experiencing economic harm or a system section 529),IRA,Coverdell ESA,Archer MSA or HSA contributions or problem,or are seeking help in resolving tax problems that have not been resolved distributions,and pension distributions.You must give your correct TIN,but you through normal channels,may be eligible for Taxpayer Advocate Service(TAS) do not have to sign the certification. assistance.You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 orTTY/TDD 1-800-829-4059. What Name and Number To Give the Requester Protect yourselffrom suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business For this type of account: Give name and SSN of: emails and websites.The most common act is sending an email to a user falsely 1.Individual The individual claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. 2.Two or more individuals(joint The actual owner of the account or, account) if combined funds,the first The IRS does not initiate contacts with taxpayers via emails.Also,the IRS does individual on the account' not request personal detailed information through email or ask taxpayers for the PIN numbers,passwords,or similar secret access information for their credit card, 3.Custodian account of a minor The minor' bank,or other financial accounts. (Uniform Gift to Minors Act) If you receive an unsolicited email claiming to be from the IRS,forward this 4.a.The usual revocable savings The grantor-trustee' message to phishing@irs.gov.You may also report misuse of the IRS name,logo, trust(grantor is also trustee) or other IRS property to the Treasury Inspector General for Tax Administration b.So-called trust account that is The actual owner' (TIGTA)at 1-800-366-4484. You can forward suspicious emails to the Federal not a legal or valid trust under Trade Commission at:spam@uce.gov or contact them at www.ftc.gov/idtheft or state law 1-877-IDTHEFT(1-877-438-4338). 5.Sole proprietorship or disregarded The owner' Visit IRS.gov to learn more about identity theft and how to reduce your risk. entity owned by an individual 6.Grantor trust filing under Optional The grantor* Privacy Act Notice Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) Section 6109 of the Internal Revenue Code requires you to provide your correct TIN (A)) to persons(including federal agencies)who are required to file information returns with the IRS to report interest,dividends,or certain other income paid to you; For this type of account: Give name and EIN of: mortgage interest you paid;the acquisition or abandonment of secured property; 7.Disregarded entity not owned by an The owner the cancellation of debt;or contributions you made to an IRA,Archer MSA,or HSA. individual The person collecting this form uses the information on the form to file information 8.A valid trust,estate,or pension trust Legal entity' returns with the IRS,reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal 9.Corporation or LLC electing The corporation litigation and to cities,states,the District of Columbia,and U.S.commonwealths corporate status on Form 8832 or and possessions for use in administering their laws.The information also may be Form 2553 disclosed to other countries under a treaty,to federal and state agencies to enforce 10.Association,club,religious, The organization civil and criminal laws,or to federal law enforcement and intelligence agencies to charitable,educational,or other tax- combat terrorism.You must provide your TIN whether or not you are required to file exempt organization a tax return.Under section 3406,payers must generally withhold a percentage of 11.Partnership or multi-member LLC The partnership taxable interest,dividend,and certain other payments to a payee who does not give a TIN to the payer.Certain penalties may also apply for providing false or 12.A broker or registered nominee The broker or nominee fraudulent information. 13.Account with the Department of The public entity Agriculture in the name of a public entity(such as a state or local government,school district, or prison)that receives agricultural program payments 14.Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2(see Regulations section 1.671-4(b)(2)(i) (B)) List first and circle the name of the person whose number you furnish.If only one person on a joint account has an SSN,that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. Fft C`( '; UNBEACH,l {CRA Vendor ID: COMMUNffY REDEVELOPMENT A Office use only Vendor Application • Submit a current W-9 with application The CRA's Vendor List is updated periodically. An updated W-9 is required whenever there is a change in address, and must be submitted to the CRA Finance Department. Phone number is 561-600-9092 or 561-600-9095. All the *fields are required Apply Date* Federal ID#* Company Type* ❑Corporation ❑ Individual/Sole Proprietor ❑ Joint Venture ❑ LLC ❑ Partnership/Limited Partnership ❑ Non Profit* Company Name* D.B.A Email Address* Address* Suite/Unit# City* State/Province* Zip Code* Phone No_ Ext. Fax# Contact Person* Title Mobile# ❑ Check this box if the Billing Address is same as Company Address. Otherwise please complete the following: Address* Suite/Unit# City* State/Province* Zip Code* Phone No_ Ext. Fax# Contact Person* Title Mobile# Principal line of business: PLEASE NOTE:THE STATE OF FLORIDA HAS A BROAD PUBLIC RECORDS LAW.ALL RECORDS OF THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE ARE OPEN FOR PUBLIC INSPECTION AND COPYING,SUBJECT TO CERTAIN STATUTORY EXEMPTIONS. IF YOU CHOOSE TO PROVIDE PERSONAL INFORMATION SUCH AS YOUR NAME, EMAIL ADDRESS,PHONE NUMBER(S),ADDRESS OR ANY OTHER PERSONAL INFORMATION IN THIS CONTACT FORM OR OTHER FORM ON THIS SITE,UNLESS EXEMPTED BY FLORIDA STATUTES,THIS INFORMATION IS A PUBLIC RECORD UNDER FLORIDA'S GOVERNMENT IN THE SUNSHINE LAWS AND IS AVAILABLE FOR PUBLIC INSPECTION UPON REQUEST.IF YOU DO NOT WANT THIS INFORMATION RELEASED IN RESPONSE TO A PUBLIC RECORDS REQUEST,PLEASE DO NOT SUBMIT THIS INFORMATION.IF YOU HAVE QUESTIONS ABOUT OUR WEBSITE'S PRIVACY POLICIES,PLEASE CONTACT US AT 561-600-9092 or 561-600-9095. 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The Boynton Beach CRA is excited to inform _ you about our Social Media Outreach Program! Our - • • - - • goal is to helpbusinesses within e CRA Districtestablish li e presence. The best ? is - •completely ! Renee ers, Social Media & Communications Specialist, is here to teach you the tools you need successfully market your business on social media ' and online platforms. This program aims to helpbusiness owners manage and learn how to utilize social media pages. We offer a range of services, from starting business accounts, building ad campaigns for events to special promotions, or posting day to day activity and products. tact us today to getstarted! INFORMATION:CONTACT • • . Name: • . • s Business: Email: Phone: i / , $ a �� � . \ > . / \ . �«�» - - � (�_\��a=�� . »� � ° \2^ � �_.�2�±���J�\ � :\ �: : _ » ��������» «©- �\\_. ^ - �_ :�y . . , , . ��� :� \©- « ��. � ��—� . . \\\\� ? � - �\�\\ . ��\\ ! \ _< � d> . _ ��\° ? \ ' � � ��\�\ m\�\ . � � ` \\�� / \ .. � � � <2^%\ \ � � � % � \ /,�\\ / v � � / °: y : . . y - ^ ° / ��\ y� -- - Z�. /«���©-2 �. y : > - _ » : x « I» - - \? � ` ° �� a . : : : : : , \ w j 4 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: November 10, 2020 NEW BUSINESS AGENDAITEM: 16.A. SUBJECT: Consideration of an Interlocal Agreement between the Boynton Beach CRA and Solid Waste Authority of Palm Beach County SUMMARY: On September 14, 2020, CRA staff submitted a new application to the Solid Waste Authority (SWA) for the 2021 SWA Blighted and Distressed Property Clean-up and Beautification Grant Program (BDPCBGP). The grant application requested a total funding amount of$65,342 for the demolition of buildings on the CRA owned property on 411 E. Boynton Beach Boulevard and on the soon-to-be- transferred-from-the-City property located at 1102 N. Federal Highway (see Attachments I and II). Staff received notification on October 27, 2020 that the CRA was awarded the full funding request of$65,432 subject to the execution of the attached I nterlocal Agreement (I LA). The I LA outlines the terms and responsibilities of each party and has been reviewed by the CRA legal counsel (see Attachment 111). The first 50% disbursement of grant funds will occur upon evidence of the CRA's fee simple title to all properties that are the subject to this Grant. The remaining 50% will be disbursed after SWA verification of completion and written request by the CRA. BACKGROUND The CRA has applied to and has been awarded a total of $309,360.75 in grant funding from the SWA's BDPCBGP for the past four(4)years in the following amounts (see Attachment IV): Fiscal Year Amount Completion Date 2016-17 $62,310.00 September 2016 2017-18 $73,550.75 April 2019 2018-19 $77,050.00 January 2020 2019-20 $95,450.00 December 2020 FISCAL IMPACT: FY 2020-2021 Project Fund, line item 02-58200-405 (Site Work& Demolition), $105,738 SWA grant award of $65,342 will be leveraged with the CRA funds allocated in FY 2020-2021 for the site work and demolition costs for 411 E. Boynton Beach Boulevard and 1102 N. Federal Highway. CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the 2020-2021 Interlocal Agreement between Boynton Beach CRA and Solid Waste Authority of Palm Beach County and authorize the Board Chair to sign upon final legal review. 2. Do not approve the 2020-2021 Interlocal Agreement between Boynton Beach CRA and Solid Waste Authority of Palm Beach County. 3. The Board may approve modifications to the 2020-21 Interlocal Agreement between the Boynton Beach CRA and the Solid Waste Authority of Palm Beach County upon review and discussion. ATTACHMENTS: Description D Attachment I - Excerpts from the 2021 SWA Grant Application D Attachment II -Grant Award Notification and October 14, 2020 SWA Board Agenda and Grant Overview D Attachment III - Draft Interlocal Agreement between the CRA and SWAfor the 2021 Blighted and Distressed Property Clean Up and Beautification Grant Is Solid Waste Authority of Palm Beach County Blighted and Distressed Property Clean-up and Beautification Grant Program Boynton Beach CRA Demolition rApplication MIA- z e� 1 p. IVc� ���Sc,�� r r 1102 N. Federal Highway t T y �4 411 E. Boynton Beach Boulevard Cottage District Fencing Submitted by The Boynton Beach Community Redevelopment Agency September 15, 2020 4 COYNTN' :,s,J sst„,=tt{BEACH Solid Waste Authority of Palm Beach County Blighted Property Grant Application I. General Information 1. Project Title: Boynton each CRA Demolition Grant Application 2. Applicant Name: Boynton each Community Redevelopment Agency (Governmental Entity) 3. Contact Person: Thuy Shutt 4. Telephone: (561) 600-9098 Alternate #(561) 504-1797 5. Mailing Address: 100 E. Ocean Avenue, 4th Floor, Boynton each, FL 33435 6. Email Address: ShuttT@bbfl.us 7. Federal Tax Identification #: 43-1973410 8. Grant Amount Requested from SWA: $65,342.00 I certify that the above information is correct and that I am authorized to submit this application. Signature of Applicant: Name of Applicant (printed): Thuy T. Shutt Title: Assistant Director Date: September 14, 2020 Fagg 1 11 Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application Table C"ontents, Section 1 General Information Section 2 Description of the Project and Impact on the Community Section 3 Estimated Timeframe for Completion Section 4 Project Schedule Section 5 Project Locations and Cost Estimates Section 6 How Will the Project be Maintained? Section 7 Project Budget Section 8 a. MLK Jr. Boulevard Corridor Redevelopment Projects (Ocean Breeze East Apartments Construction photos, MLK Jr. Boulevard Mixed Use Site Plan Application, Completed Sara Sims Park Photos) b. BBCRA FY 2020-21 Budget and Resolution (Excerpts of grant items only) and BBCRA Project Map C. Boynton Beach CRA 2019 Annual Report SECTION 1 Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application 1. General Information Background The Boynton Beach Community Redevelopment Agency (BBCRA), a public agency created by the City of Boynton Beach pursuant to Chapter 163 Part III of Florida Statutes (The Community Redevelopment Act of 1969), is tasked with eliminating slum and blight within its designated area (see Section 1 - CRA Map). The BBCRA was established by the City of Boynton Beach City Council on August 4, 1981 with the adoption of Resolution No. 81-SS and ordained pursuant to Ordinance No. 82-13 adopted on May 18, 1982 (see Section 1). The original CRA boundaries were subsequently established pursuant to Resolution No. 82-KK adopted in May 4, 1982 and later expanded pursuant to Resolution 98-33 adopted on September 3, 1988. On October 6, 2015, the City Commission appointed itself as the governing body of the CRA with the adoption of Resolution R15- 128. Pursuant to Florida Statutes, a community redevelopment area is an area where slum and blight exist. Examples of conditions that can support the creation of a Community Redevelopment Area include, but are not limited to the presence of substandard or inadequate structures, a shortage of affordable housing and inadequate infrastructure. The BBCRA improves deteriorated areas through revitalization efforts which improves the property values within the designated BBCRA area and increases property tax revenues. The CRA area is 1,650 acres along the eastern edge of the City of Boynton Beach. The major north/south road in the BBCRA is Federal Highway/U.S. 1. East/west connectors are Gateway Boulevard, Boynton Beach Boulevard, Woolbright Road, and Gulfstream Boulevard. The BBCRA is responsible for developing and implementing the Community Redevelopment Plans that addresses the unique needs of the targeted area. The plan includes the overall goals for redevelopment in the area, as well as identifying the types of projects planned for the area. Examples of projects include streetscapes, redevelopment incentives for such things as fagade improvements and structural improvements, infill housing, transportation and infrastructure improvements, and downtown and waterfront revitalization. The redevelopment plan is a living document that can be updated to meet the changing needs within the Community Redevelopment Area. The funding source for BBCRA redevelopment initiatives is tax increment financing (TIF), a unique tool available to cities and counties for redevelopment activities. It is used to leverage public funds to stimulate redevelopment activity in the targeted area without raising taxes. Until now, the redevelopment activities were guided by four different plans that overlapped and did not provide a focused vision for the entire BBCRA area. In August 2014, the City Commission and BBCRA Board held a Strategic Planning Initiative work session, out of which came a high priority recommendation to consolidate the existing plans with a comprehensive update that would reflect the changes in economic environment, the objectives, as well as the achievements of the previous efforts. There Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application has been a consensus that, in spite of these significant achievements, the vision of a vibrant downtown with revitalized corridors has yet to be realized. There are six districts in the consolidated 2016 Boynton Beach Redevelopment Plan (Plan) (which may be viewed by clicking the following link- http://catchboynton.com/images/PDF Files/RedevelopmentP Ian Final WEB.pdf). The BBCRA would like to accomplish two goals with the current Solid Waste Authority (SWA) Blighted and Distressed Property Clean-Up and Beautification Grant request. The request will further the implementation of the 2016 Boynton Beach Redevelopment Plan. By utilizing the SWA funding and leveraged BBCRA funds, we believe that the implementation of this project will directly impact the quality of life for area residents and encourage further investment into the community. The two proposed project activities in the 2020 grant cycle will include: • Demolish structure located at 411 E. Boynton Beach Boulevard. The property is part of the assemblage that is under contract to close on October 30, 2020 (see Sections 2 and 5 for supportive documents). The development potential for the site allows a future mixed-use project site directly across from the future Coastal Link Station within the City of Boynton Beach designated Transit Oriented Development (TOD). The BBCRA Plan and City's Land Development Regulations (LDRs) indicate the potential for this project to support a mixed-use high density development (150' maximum height, 80 units/acre plus 25% TOD density bonus) with a mixed income residential housing and commercial uses. Until a more land can be leveraged for a larger development proposal, the BBCRA would like to clean up the properties in this parcel and make this commercial frontage available to local businesses and entrepreneurs. More details of how this demolition activity will fit into the overall East Boynton Beach Boulevard Corridor redevelopment and beautification is provided as part of this application. • Demolish the building located 1102 N. Federal Highway (see Sections 2 and 5 supportive documents). The property is part of a key BBCRA's assemblage that will provide opportunities to attract commercial investment to the much needed MLK Jr. Boulevard and North Federal Highway Corridors as this sits at the junction of both the Heart of Boynton and Federal Highway Districts of the Plan. The BBCRA owns the property to the north, 1110 N. Federal Highway, and the City is currently working on a Settlement Agreement with the property owner of this lot to release a $859,734.24 City lien on the property. The City will be transferring title to the BBCRA for redevelopment since the BBCRA has received two Letters of Intent (LOI) on the 1110 N. Federal Highway property from private entities to redevelop the site (see following link for details of the LOIs. https://boyntonbeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID= 8007&MeetinglD=316). The City Manager anticipates the transfer will take place by November 2020. More details on these redevelopment interests is provided as part of this application. Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application • Install a perimeter fence at the 4.2 acre CRA-owned properties known as the Cottage District assemblage to prevent illegal dumping on the site until the BBCRA selects a developer to redevelop the site for the Cottage District Infill Housing Redevelopment Project. The vacant subject site has been an open target for illegal dumping, even with numerous signage (see examples of chronic illegal dumping at the site). The BBCRA has a policy not to fence its property unless there is construction activity starting since barriers does not provide an aesthetically welcoming neighborhood feature so fencing. On August 17, 2020, the BBCRA issued a Request for Proposal and Developer Qualifications (RFP/RFQ) after receiving three LOI to acquire the properties in the Cottage District assemblage (see following link for the LOIs presented to the BBCRA Board in July 2020: https://boyntonbeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID= 7784&MeetinglD=314). The RFP/RFQ is due on October 23, 2020. Since there are development interests for the property, the BBCRA anticipates a selection of a development team and land transfer to take place by November 1, 2021. It is therefore in the best interest of the BBCRA to rent the perimeter fencing for a year until a Purchase and Development Agreement can be executed with a developer instead of purchasing the fence (approximately $35,000 to $40,000). It will be the responsibility of the developer to secure the site and there will be strict requirements to ensure timely development of the site in the Purchase and Development Agreement. Supportive documents are provided in this application for this funding request. Grant Request and Justification Last year the BBCRA received $95,450 from the SWA Blighted and Distressed Property Clean-Up and Beautification Grant for the demolition of two blighted properties to prevent further deterioration and contribution to blighted conditions. Thanks to the SWA's funding for the demolition of these sites the BBCRA will be able to move forward with the redevelopment of a key project for the downtown area and the Heart of Boynton. On August 4, 2020, the CRA received a Letter of Intent (LOI)from Ocean Avenue Residences and Shoppes, LLC for the development of the BBCRA-owned 115 N. Federal Highway assemblage (see attached link for LOI and Presentation: https://boyntonbeach.novusagenda.com/agendapublic/CoverSheet.aspx?Item ID=7935& MeetinglD=315). There are other development interests for the site which will allow the BBCRA to select the best development options for its constituency. The project will be a catalyst for other development projects and provide updated market conditions for the downtown core while maintaining the BBCRA's focus on equitable development of the Heart of Boynton District. The demolition of 1001 N. Federal Highway in the 2020 SWA grant cycle provides commercial development opportunities to complement the soon to be completed 123 units within the Ocean Breeze Apartments and 124 units within the MLK Jr. Boulevard Mixed Use Project at the western end of the MLK Jr. Boulevard corridor, east of Seacrest Boulevard (see attached construction progress photos and site plan submission to the City in Section 8). Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application Successful completion of the projects provided momentum for the BBCRA to continue its redevelopment activities in the downtown core along Federal Highway and along the eastern section of the MLK Jr. Boulevard corridor within the Heart of Boynton Districts. All work related to last year's allocation is expected to be completed by December 2020. For the 2021 grant cycle, the BBCRA is respectfully requesting a total of $65,342.00 for the demolition of two properties and illegal dumping mitigation which will assist and leverage BBCRA funds in preparation for the redevelopment and beautification of the most prominent BBCRA's commercial corridors in the downtown core and further the CRA's economic development efforts in the Heart of Boynton community along the east portion of the MLK Jr. Boulevard corridor. The scope of work under the current funding cycle will further the CRA's efforts to eliminate slum and blighted conditions and will comply with Section 1.3, Eligibility Requirements. Supportive documents are included as part of this submission package. In 2018, the CRA and City were awarded approximately $2.8 million in grant funding from the Transportation Planning Agency Local Initiative (TPA LI) Program and $505,224 from the Federal Land Access Program (FLAP) grand funding for the Boynton Beach Boulevard Complete Street Project. The complete street project will incorporate of traffic calming measures, streetscape enhancements, wider sidewalks, lighting, and accommodations for various modes of transportation and is scheduled to commence in 2023. Since the commencement of the Town Square construction at the SE corner of Seacrest and Boynton Beach Boulevards, the development potential is in place for this area with the adoption of the 2016 Plan. However, the northern properties along Boynton Beach Boulevard are slower in development due to the multiple ownerships and nonconformities of the existing structures. The BBCRA sees the potential in cleaning up the area by renovating and reactivating certain structures to provide opportunities for local businesses on the 401-411 E. Boynton Beach Boulevard site until adequate land can be assembled as part of a larger mixed use project. The demolition of the 1102 N. Federal Highway commercial structure is needed in preparation for the redevelopment of the eastern portion of the MLK Jr. Boulevard corridor. The nonconforming 1954 structure would be too costly to maintain or be rehabilitated in accordance with current codes and does not contain any historic element as defined by the Secretary of Interior to justify its preservation. The BBCRA Plan referenced the flexibility to develop retail and residential or retail and office uses, allowing the market to determine the best mix to support the Heart of Boynton neighborhoods as well as the 2,358 new residential units along Federal Highway. The public benefits in redeveloping this parcel with the adjacent BBCRA-owned northern parcel is to be able to provide development opportunities for commercial uses to support the 247 residential units that will be coming online in the next 15 months and the ability to eliminate an eyesore at the eastern gateway to the MLK Jr. Boulevard corridor. With the existing $859,734.24 in liens accumulating, unless action is taken by the BBCRA, this property will never be developed by the private sector as the preliminary market value of the property for 2020 is only $260,353. Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application If funded, the perimeter fencing for the BBCRA-owned Cottage District properties will save the BBCRA time and expense of coordinating services for debris and litter removal and prevent potential dumping of hazardous wastes prior to turning it over to the successful developer for redevelopment. Similar to the last fiscal year, competing priorities required the CRA to allocate more funds in the FY 2020-21 to other capital projects. However, the obvious difference between the budget planning process this year and last year is the devastating economic impacts of COVID-19 to our local businesses. During the months of April and March, the BBCRA had to reallocate future redevelopment and other funded line items to provide over $1,948,000 in economic development grants to local businesses to assist with payroll, rent, utilities, inventory, and needed improvements to keep the businesses afloat during the mandatory closures. This rapid disbursement of these funds by the BBCRA provided cashflow to keep Boynton businesses operating until the PPP, State of Florida, and/or County relief funds are received. As a result, Downtown Boynton Beach businesses are thriving and can rebound quicker as evident from the numbers of grand openings in the month of August instead of permanent closures as could be seen in neighboring downtowns (see link for FY 2019-20 Economic & Business Development Grant Program FY 2019-2020 Year End Report: https://boyntonbeach.novusagenda.com/agendapublic/CoverSheet.aspx?Item ID=8002& MeetinglD=316). Competing priorities for FY 2020-2021 include assisting the City in the redevelopment of Town Square ($3.7 million), $1.82 Million for the MILK Jr. Boulevard Corridor Redevelopment Project, and $930,000 committed for the 401-411 East Boynton Beach Boulevard acquisition and $1.85 Million for affordable housing and infrastructure improvement projects, leaving only $ 100,239 for site work and demolition activities (see attached excerpts from FY 2019-20 Budget and Resolution). It should be noted that this is 45% less than the amount allocated for the same line item in FY 2019-2020. Since the adoption of the FY 2019-20 Budget on September 8, 2020, approximately $55,000 of the $100,239 budgeted will need to be committed to the renovation of 401 E. Boynton Beach Boulevard for the required structural/roof and mechanical/electrical/plumbing repairs and legal and surveying fees for the 1102 N. Federal Highway land transfer. It is anticipated that the remaining $94,739 will be used to address additional infrastructure needs throughout the BBCRA District, illegal dumping, and Phases I and II Environmental Assessments, not just demolition for the remainder of the year. The requested SWA grant funding will be leveraged with BBCRA funds (see Section 5 for detailed cost estimates for items in this application). The two demolitions and fencing needs came up during the month of August when the budget commitments to other priorities have been made. This would mean the blighted conditions will remain until funds become available in FY 2020-2021 or in FY 2021-2022. As a government agency whose mission is to eliminate slum and blight, our 38-year record of successful redevelopment will ensure that the grant funding will be properly used in alignment with the SWA's grant objectives to improve the quality of life and Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application provide a safer, healthier and more aesthetically pleasing environment. Since the BBCRA team will be responsible for all phases of the grant implementation, consistent quality and safety controls will be maintained throughout the demolition and property maintenance processes. If the requested funds are awarded, the BBCRA is confident it will able to successfully complete the demolition of the two properties and install the fencing within 12 months. Furthermore, as a past grant recipient for the past four years, the BBCRA has the demonstrated capacity to perform the work within the designated time and cover any unanticipated costs that would occur to successfully complete the grant activities. Conclusion The grant funds would allow the blighted property to be demolished timely to leverage private investment and attract development interest and help improve the overall appearance of the Heart of Boynton District, contributing to community pride and ownership and facilitating the community's desire to implement its Plan. Key assemblages and redevelopment of properties such as the 401-411 East Boynton Beach Boulevard and 1110-1102 N. Federal Highway properties allow the BBCRA to ensure equitable redevelopment and implement the City's strategic plans to create a more economically diverse downtown. Additionally, providing opportunities for small businesses to be reactivated along the major commercial corridors such as Boynton Beach Boulevard and Federal Highway will help stabilize the local economy and hopefully offset the negative consequences of the COVID-19 pandemic. As most small businesses and startups cannot afford the market rate land and construction costs of a new building, BBCRA can offset the initial costs by providing the land at a reduced value and/or at a discounted rent to incubate the new businesses. This leveraging of funds towards the common goal of elimination of slum and blight is another example of how creative partnerships between public agencies like the SWA and BBCRA can accomplish more together than what each can do alone. Since the CRA is a public entity that is charged with the redevelopment of the area, this is a long-term commitment for the Agency. SECTION 2 Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application 2. Descrir)tion of the Prc�iect and Impact on the Community Demolition Activities The CRA is requesting $65,342.00 to be used for the demolition of the 411 E. Boynton Beach Boulevard and the 1102 N. Federal Highway buildings. As previously stated the 401-411 E. Boynton Beach Boulevard property will be purchased by the CRA on October 30, 2020 in its continued effort to provide the critical mass needed to implement the Plan and support City's Transit Oriented Development goals for a more sustainable downtown. The property currently supports a 1958, two-story, 3,334 square foot commercial building. The building inspections included in this section indicates it will be too cost prohibitive to renovate this building in comparison to the 401 E. Boynton Beach Boulevard building. $86,025 in immediate repairs will be required and the site will still be nonconforming with respect to the site and land development components (e.g. setbacks, landscaping, backout parking, lighting, drainage, etc.). The BBCRA hopes to renovate the 401 E. Boynton Beach Boulevard building to provide needed commercial space for local businesses along the corridor. An RFP may be issued for local businesses interested in leasing the space until a larger assemblage for redevelopment can occur. As previously mentioned, Boynton Beach Boulevard will be receiving a facelift in 2023 from the PBC Transportation Planning Agency's Local Initiative (TPA LI) Grant Program and the Federal Land Access Grant Program to make the corridor into a complete street (from Federal Highway to 1-95) that will include traffic calming and enhanced pedestrian amenities such as landscaping, widened decorative sidewalks, and the accommodation of other modes of transportation. Since the Boynton Beach Boulevard improvements will not be let by FDOT until early 2023 and this is an area in transition, the CRA feels that the inactivity along this and the US 1 corridor will contribute to the slum and blight condition and counterproductive to the private sector's investments east of Federal Highway such as the mixed use developments of Casa Costa, Marina Village, and 500 Ocean projects in the area and the City and CRA investments in the Town Square project. In furthering the redevelopment goals contained in the adopted Plan, Heart of Boynton District, 1102 N. Federal Highway will be redeveloped as part of the east portion of the MLK Jr. Boulevard Corridor Redevelopment with neighborhood serving commercial uses supplementing the soon to be developed commercial component of the MLK Jr. Boulevard Corridor Redevelopment Project (Section 8a for more information). Continued investment in an underserved area like the Heart of Boynton District reaffirms to the community that their CRA Plan is at work, building confidence and trust between residents and their government. The current property owners have not maintained the building and it is not suitable for occupancy. The liens that have accumulated ($859,734.24) is over three times the market value of the property so it will remain in this blighted condition unless the BBCRA acts. The City is keenly aware of this and has taken steps to proceed with foreclosure action and has committed to transferring title to the BBCRA to facilitate its redevelopment. Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application Illegal Dumping Mitigation As previously mentioned, three LOIs were received and presented to the BBCRA Board at its meeting on July 14, 2020 and selection of the successful developer and land transfer to take place by November 1, 2021 (within 12 month of execution of the SWA ILA for the 2021 grant cycle). This fencing will not only save the BBCRA staff time and money that could be used elsewhere in the community and will also prevent the illegal dumping of hazardous materials or inoperable vehicles on the site which will contribute to the blighted condition and more importantly delay the development of much needed affordable and workforce housing. The redevelopment of these properties should stabilize the neighborhood through the creation of viable commercial properties, bringing new employers, residents, and visitors into the area who will contribute to the fabric of the community. The CRA has been engaging the community for the past three decades and has continued to do so by requiring the selected developers to involve the community in the redevelopment process as well as requiring the new development to incorporate the area's culture and history as well as contribute to the City's wealth building initiative. The redevelopment of these properties will provide a much-needed improvement to the streetscape and further our efforts in the elimination of slum and blighted conditions in these areas. The preliminary schedule is attached in Section 3 for the SWA's consideration. Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application Activities Unit Cost of service ($) 411 East Boynton Beach Boulevard Demolition (including installation of stabilized sod and removal of asphalt) 1 $23,104.00 Permit Fee 1 $537.00 Repair, finish, and paint exterior building wall after demolition $5,000.00 Total $28,641.00 1102 N. Federal Highway Asbestos Survey 1 $500.00 Asbestos Abatement 1 $1,325.00 Demolition (including installation of stabilized sod and removal of asphalt) 1 $16,760.00 Attorney's Cost Allowance for land ownership transfer from City to CRA (and resolve city lien to obtain clear title) 1 $5,000.00 Estimated Permit Fee (2.3% of cost) 1 $392.00 Total $23,977.00 Cottage District Fencing 12 Month Fence Rental 1 12,724.00 Total OVERALL GRANT APPLICATION TOTAL $65,342.00 SECTION 3 Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application 3. Estimated Timeframe for Completion Based on the preliminary quotes obtained, the grant activities will not require formal Invitation to Bids (ITB) to be issued. Upon execution of the ILA between the SWA and the BBCRA, the BBCRA will obtain two other quotes for the grant activities in accordance with the procurement policy and prepare the demolition contract for the 411 E. Boynton Beach Boulevard property. It is anticipated that the demolition of the 411 E. Boynton Beach Boulevard will require a structural evaluation and/or detail prior to demolition to ensure there will be no structural damage to the shared wall of the existing tenant space immediately east of the 411 E. Boynton Beach Boulevard building. City Manager, Ms. Lori LaVerriere, anticipates the property ownership transfer to the CRA will be scheduled for the earliest available City Commission agenda immediately upon the execution of the Settlement Agreement with the property owner, Ekols 76 Ltd. and Ekols 86 Ltd (see email documentation in Section 5). The asbestos survey and report should be completed for the 1102 N. Federal Highway property within 30 days of execution of the SWA ILA. If asbestos abatement will be required for the property, it will be done prior to submission of the demolition permit application to the City of Boynton Beach for review and approval. The demolition activities can begin upon issuance of the demolition permit by the City. Mobilization and demolition will take approximately 30 days for the 1102 N. Federal Highway property and approximately 60 days for the 411 E. Boynton Beach Boulevard (including additional permits that may be required for any structural repairs and exterior finish for the shared wall). All demolition activities should be completed and closed out by within the 12 month 2021 SWA grant cycle. The rental agreement for the Cottage District fencing may be executed within 30 days of execution of the SWA ILA. It is anticipated that the 12 month rental period will commence upon installation of the fence. There may be some lag time between the execution of the rental agreement and the permit issuance so there will be some proration of the first month's costs. The BBCRA will assist the fencing company with the expedited permit review whenever possible by coordinating with the City Building Department. Additionally, as a past recipient of this grant, the CRA has streamlined the grant implementation and reporting processes to effectively communicate and address unforeseen issues efficiently for the successful completion of the project. SECTION 4 Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application 4. Prc�ject Schedule Entity Task Start Date Completion Date Responsible Demolition 411 E. Boynton Beach March 1 2021 October 1 2021 Boynton Beach Boulevard" CRA 1102 N. Federal February 1, 2021 July 1, 2021 Boynton Beach Highway" CRA Illegal Dumping Mitigation December 15, 2020 Cottage District Fencing November 1, 2020 (12-month rent Boynton Beach Installation" calculated from CRA installation and may need to be pro-rated for any unforeseen delays (e.g. permit process, etc. Due to recent statutory changes regulating CRAs, the BBCRA is required to comply with the City of Boynton Beach's Procurement Requirements for all grant activities ** Dates anticipates grant award and execution of ILA by November 1, 2020 All CRA activities relating to the SWA grant must comply with the attached excerpts of the City of Boynton Beach's procurement procedures and policies. Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application 5. Prc�iect Location Demolition Sites The BBCRA entered into a Purchase and Sale Agreement with the owner of 401-411 E. Boynton Beach Boulevard on July 16, 2020 with an October 30, 2020 closing date. The subject property supports a 3,334 square foot structure built in 1958. This corridor is a priority redevelopment area for the City and BBCRA this year with the completion of the governmental buildings (City Hall/Library, Historic High School, District Energy System, and Fire Station #1 buildings) within the Town Square Mixed Use complex. The BBCRA also recognized that the Boynton Beach Boulevard Complete Street Project will be in the design phase by early 2021 and under construction in 2023 along with the Boynton Beach Boulevard 1-95 interchange capacity enhancing improvements. In the best interest of the public for the BBCRA to concentrate its efforts in this corridor. Along with the local funding contribution to the complete street project, the BBCRA must also look at assisting property and business owners to improve and enhance their properties in addition to provide marketing resources during the roadway construction period. The improvements to the 401-411 E. Boynton Beach Boulevard assemblage will serve as a catalyst for the eastern portion of the corridor. With respect to the 1102 N. Federal Highway property, the BBCRA started its redevelopment efforts in 2017 by purchasing the 1110 N. Federal Highway lot immediately north of this property when the two properties were left in disrepair and knowing that it is too cost prohibitive to be redeveloped under current codes with all the existing nonconformities. It should be noted that the BBCRA received SWA funding in 2018 for the demotion of a dilapidated structure that was on it. It was always the intent of the BBCRA to assemble the properties and redevelop the properties to provide more commercial opportunities for the community as well as provide a better gateway feature to the eastern portion of MLK Jr. Boulevard corridor. The BBCRA have reached out to the owners of the 1102 N. Federal Highway in the past but never received any interest and the property continued to decline as city liens continue to accumulate. The requested demolition funds will enable the equitable redevelopment of an underserve area, bringing it closer to the quality of the new residential and mixed-use projects in other BBCRA Districts along the commercial Woolbright Road, Boynton Beach Boulevard Highway, and Ocean Avenue corridors. The attached maps and photos are provided to show the existing conditions of the buildings and surrounding properties. It should be noted that the BBCRA have invested heavily in the Heart of Boynton neighborhoods by supporting the local housing partners such as Habitat for Humanity of South Florida (HFHSPBC), Boynton Beach Community Development Corporation (CDC), and Centennial Management Corp. (CMC), a for-profit multifamily affordable housing developer. The CRA have acquired, assembled, and made land available at a low or no cost to these housing providers and will continue to do so to prevent displacement and gentrification. Additionally, the CRA also contributed over $600,000 towards the renovation of the Sara Sims Park located at the SW corner of MLK Jr. and Seacrest Boulevards. In FY 2019-20, the CRA has seen the results of its seeded Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application investment with the soon to be completed 123 new affordable units and another 124 new affordable units in a mixed use development by CMC at the western portion of the MILK Jr. Boulevard corridor. With new housing and upgraded recreational amenities coming in line, the commercial component is the only other missing component on this corridor. There is still more left to be done and with the SWA's grant assistance, the CRA resources can be stretched even further. SECTION 5A 411 E. BOYNTON BEACH BOULEVARD Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application 411 E. Boynton Beach Boulevard s rlr} t ) West Elevation }�11�4}tl��}t\tt� ��1}�I,,, ass, North Elevation i�It4 1�1�ji��l: ��'rLr ti } t1F Mill I j 4 _ K �r �F 0 r t + r. rt As 1 North and West Elevations I, p 4 t}f+ U v 4 South Elevation of 401-411 E. Boynton Beach Boulevard Assemblage Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application 1'1, , ,' fi°`d, , U tit \ 1 lyt ll�nt; l�tf 1� ns� u { ry South Elevation of 411 E. Boynton Beach Boulevard Building 3��s 5 r r i t East Elevation Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application Adjacent Properties l } li) i r i\t S`asStf�� t. au #t t t #' S North tF 77-1 South Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application m,), t�, �r4�A1`rysi East �r �t I' �4 t West I llti J !�y6 1 v t , NJ,}} .. p Jt ��� ,�� fi'fl 1�,'.i'+( „ta\ ,.A},t�i,� „� +ij� .�. r ��{. � � tl tfk 1 r'y`,t v �ut 5� l a11{J '`f{1s \+?i,,•tJ r}r,,Jf � I ll� J S� rs6 v v trjy�" �} 1 f t I t { 1 5M, t I til l XI t is 1 - ii v -- � I F ( 4 r SI s .. I xl uiii � tJ �'is�,, Vlta `s � (� �lt C'�l� -:u tt 1 J>;x11`s�t\t-�JJt PJC 3N`,- by4 i � y�Sill r, V £ ,Ja ` 9/10/2020 https://www.pbcgov.com/papa/Asps/PropertyDetaiI/PrinterfriendlyPropertyPrint.aspx?parcel=08434521180000040 Property Detail Location Address 411 E BOYNTON BEACH BLVD Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-18-000-0040 Subdivision ARDEN PARK ADD IN Official Records Book 26346 Page 1909 Sale Date SEP-201 3 Legal Description ARDEN PARK LT 4& E 3.15 FT OF LT 5 /LESS S 17.6 FT SR 804/ Owner Information Mailing address Owners 401 E BOYNTON BEACH BLVD STE I POWER LIFTS LLC BOYNTON BEACH FL 33435 3843 Sales Information Sales Date Price OR Book/Page Sale Type Owner SEP-201 3 $10 26346/ 01909 WARRANTY DEED POWER LIFTS LLC SEP-201 0 $10 24079/ 01 768 QUIT CLAIM POWERS DANIEL W JAN-2006 $325,000 19928/ 01199 WARRANTY DEED POWERS MICHAEL P JAN-2006 $10 19928/ 01217 QUIT CLAIM POWERS MICHAEL P Exemption Information No Exemption information available Property Information Number of Units 0 'Total Square Feet 3334 Acres 0.1457 Use Code 1 100- STORES Zoning C3 - Community Commercial ( 08-BOYNTON BEACH ) Appraisals Tax Year 2020 P 2019 2018 Improvement Value $140,550 $140,580 $146,196 Land Value $177,716 $120,720 $117,229 Total Market Value $318,266 $261,300 $263,425 P Po eVum nay All values are as of January 1 st each year Assessed and Taxable Values Tax Year 2020 P 2019 2018 Assessed Value $287,430 $261,300 $261,659 Exemption Amount $0 $0 $0 Taxable Value $287,430 $261,300 $261,659 Taxes Tax Year 2020 P 2019 2018 Ad Valorem $6,367 $5,647 $5,523 Non Ad Valorem $1,610 $1,557 $1,557 Total tax $7,977 $7,204 $7,080 Dorothy Jacks,CFA,AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 9/10/2020 Printer Friendly Structural Details Property Information Owner Name: POWER LIFTS LLC Parcel Control Number: 08-43-45-21-18-000-0040 Location Address: 411 E BOYNTON BEACH BLVD Structural Details Structural Element for Building 1 Sketch for Building 1 1. Year &.„ilk: 1958 2. RETAIL SINGLE.C3CCLJP 3334 2 Subarea and Sq. Footage for Building 1 ; S 20 Code Description q Footage l... ..._ RE FAIL. SI-ORE: 2320 �.. 20 � SLJPPOR1 1014 ._.... Fotaal Sq .„are Footage : 3334 s AD s , E (2 320) 46 t } F i 40 Feature Description Year &.„ilk: LJnir:s Fence- Chain Link 6ft#11 Gaug 1958 65 Screen Enclosure 1958 160 Paving-Asphalt 1958 954 Patio 1958 400 Patio Roof 1958 400 Unit may represent the perimeter, square footage, linear footage, total number or other measurement of the feature ja i on the feature ,scri . Land Details Land Line Description Zoning Sq. Footage Acres 1. COMMERCIAL C3 6347 0.1457 https://www.pbcgov.org/papa/Asps/PropertyDetail/PrinterFriendlyStrDetail.aspx?entity_id=08434521180000040&Owner_Name=POWER LIFTS LLC&... 1/1 i BTB 00000 DIVERSIFIED HOME INSPECTIONS, INC. "EXPERIENCE DEPENDABLE SERVICE" 16201 SW 49th Street Fort Lauderdale FL, 33331 Office Ph# 954-252-9980 Email: Divhomins@aol.com INSPECTION # 39636 INSPECTED FOR: Utterback ADDRESS INSPECTED: 411 East Boynton Beach Blvd Boynton Beach DATE OF INSPECTION: 8/4/20 Inspection Fee: $ 925.00 Amount Due: $925.00 DIVERSIFIEDHOME INSPECTIONS, INC. 16201 SW 49th Street Fort Lauderdale, FL 33331 Office: 954 252 9980 Email: DivHomins@aol.com UTTERBACK Inspection#39636 Inspected By: Rick and JoeyAnsbaugh Re: 411 East Boynton Beach Blvd Boynton Beach DearMs. Utterback, On August 4, 2020 Diversified Home Inspections made a visual inspection of the above-mentioned property. Enclosed please find a written, report of our findings in accordance with the scope & terms of this inspection. Although maintenance items may have been addressed verbally at the time of the inspection, they may not be included in the enclosed report. I hope the enclosed information is helpful and we at Diversified Home Inspections wish you luck with your new home. If you need any further assistance, please feel free to contact me at the above telephone number. Thank you for allowing us to serve you. Sincerely, 4,z LI, Richard M.Ansbaugh Diversified H ome Inspections, Inc. DIVERSIFIEDHOME INSPECTIONS, INC. 16201 SW 49th Street Fort Lauderdale, FL 33331 Office: 954 252 9980 Email: DivHomins@aol.com Insp. # 39636 Date: 8/4/20 Inspections Performed: Grounds Roof/ Attic Electrical Ac/Heat Plumbing Structural Termite ® (Performed by a Licensed Termite Company) Roof ® (See Roof Report for All Roof Related Deficiencies) Scope and Terms Additional Items: N/A NOTE: The asterisk indicates the deficiency reeds to be repaired for 4-Point Purposes. NOTE: Photo number is indicated in front of deficiency it is referenced to. DIVERSIFIEDHOME INSPECTIONS, INC. 16201 SW 49th Street Fort Lauderdale, FL 33331 Office: 954 252 9980 Email: DivHomins@aol.com Insp. # 39636 Estimate $ -0- Grounds Time of Inspection: 10:00 Weather Conditions: Sunny, Clear Temperature: 91 Front Facing: South Driveway: Asphalt Grading: Adequate Walkways: Concrete Condition: Acceptable Fences: Metal, PVC Patio/Deck: None Dock: None DEFICIENCIES: NOTE: Reference Inspection 439635. NOTE: Please see SCOPE AND TERMS of Inspection. It is recommended that the buyer and/or seller should obtain at least three written estimates From a professional contractor who is licensed in the field of repairs suggested. DIVERSIFIEDHOME INSPECTIONS, INC. 16201 SW 49th Street Fort Lauderdale, FL 33331 Office: 954 252 9980 Email: DivHomins@aol.com Insp. # 39636 Estimate $ -0- Roof Attic Mitigation ENTRY METHOD: Ladder,View,Walk Access: None % Inspected: 0 Previous Rodent Activity No Location: 1. N/A Exterior Access Fire Rated: N/A Insulation: ISO Approximate Rating: R- 5 A/C Duct Condition: Unknown Roof to Wall Connection: Structural # of Nails: Unknown Roof Shape: Flat Non-Hip Ft: N/A Total Ft: N/A Roof App Date: Built up Unknown Permit#: Unknown Roof Deck Type: Concrete Nail Spacing: N/A Flat Roof: 25+-yrs. Life Expectancy: 0 yrs. Damage: Fascia Yes Covering Yes Leaking Yes DEFICIENCIES: NOTE: See attached Roof Report. Nothing visible at the time of inspection. *** See Roof Report for All Roof Related Deficiencies*** NOTE: Please see SCOPE AND TERMS of Inspection. It is recommended that the buyer and/or seller should obtain at least three written estimates From a professional contractor who is licensed in the field of repairs suggested. DIVERSIFIEDHOME INSPECTIONS, INC. 16201 SW 49th Street Fort Lauderdale, FL 33331 Office: 954 252 9980 Email: DivHomins@aol.com Insp. # 39636 Estimate $ 1,760.00 Min. Electrical Report EXTERIOR: Time of Inspection: 10:00 Service: Overhead, Copper Year Updated: Unknown Panel Type: 1. Meter Location: 2 at the rear Age: 62 years Grounding: Ground Rod,Water Pipe Service Disconnect: Meter Amps: 1. 200 2. 200 Voltage: 240 Improper Wiring: Yes Loose Wiring: Yes Exposed Wiring: Yes Fans Grounded: N/A Double Taps: No Outlets Grounded: Yes G.F.C.L: No GFI's Tripping: N/A GFI's Reset: N/A Doorbell: No Aux. Power Generator No DEFICIENCIES: *(5-7) South overhang roof top security lighting is damaged and wiring is exposed. $500.00 (146, 409) TV cables are loose and hanging, and cable box cover is missing. $200.00 INTERIOR: Branch Wiring: Copper, Romex, Piped, BX Main Panel Type: 1. Eaton Location: Rear Age: 10+-years 2. Cutler hammer Location: Garage area Age: 20+-years Type of Outlets: 3 Prong Type of Panel: Fuses Wiring Age: 20+-years Improper Wiring: Yes Loose Wiring: Yes Exposed Wiring: Yes Fans Grounded: N/A Empty Socket: No Outlets Grounded: Yes G.F.C.L: No GFI Tripping: N/A GFI's Reset: N/A Double Taps: No Arch Fault: No Smoke Alarms Functional: N/A Carbon Monoxide: N/A Limited Access: Yes Alarm System: No Location: N/A Functional: N/A DEFICIENCIES: (98)Unit 9 Front entry light switch cover is damaged. $10.00 *(102) South ceiling has an open junction box and wiring is exposed. $150.00 *(104, 109)North ceiling has an open junction box and wiring is exposed. $250.00 *(112) Garage area has an open junction box and wiring is exposed. $150.00 *(117-118) Garage main panel has open wiring, recommend capping or removing. $250.00 (130)A/C is powered by an extension cord, extension cords are not designed for permanent use, recommend removing. $250.00 NOTE: Certain electrical panels such as FPE, Zinsco and Challenger may not be accepted by all insurance companies please see NOTICE on estimates of repairs page. NOTE: Please see SCOPE AND TERMS of Inspection. It is recommended that the buyer and/or seller should obtain at least three written estimates from a professional contractor who is licensed in the field of repairs suggested. DIVERSIFIEDHOME INSPECTIONS, INC. 16201 SW 49th Street Fort Lauderdale, FL 33331 Office: 954 252 9980 Email: DivHomins@aol.com Insp. # 39636 Estimate $ 2,500.00 Min. HVAC/Fireplace Report 1. Make Exterior: N/A Manufacture Date: N/A Make Interior: GE Manufacture Date: Unknown Approximate Degrees: Vent: Unknown Return: Unknown Heat: N/A TD's: Unknown Acceptable: No AHU Coil Condition: Unknown AHU Location: Unit 9 Safety Switch: No Drain Pan: No Condenser Coil Condition: Unknown Condenser Coil Location: Unit 9 Tons: N/A 2. Make Ext: Unknown Manufacture Date: Unknown Make Int: Unknown Manufacture Date: Unknown Approximate Degrees: Vent: N/A Return: N/A Heat: N/A TD's: N/A Acceptable: No AHU Coil Condition: Unknown AHU Location: Rear Safety Switch: No Drain Pan: No Condenser Coil Condition: Unknown Condenser Coil Location: Rear Tons: 1 System Type: Wall units, Electric Type of Disconnects: N/A Proper Insulation on Coolant Line: N/A Compressor Unit Anchored: N/A Visible Rust/Corrosion: Exterior: Yes Interior: Yes Condensate Line Draining Properly: Yes Cooling Properly: No Heating Properly: N/A Fireplace Type: N/A DEFICIENCIES: (147)Unit 9 A/C is not cooling properly and may require replacement. $2,000.00 Rear A/C system not functional at time of inspection. $500.00 min NOTE: Recommend consulting with a Licensed A/C Contractor to determine actual replacement cost. NOTE: Please see SCOPE AND TERMS of Inspection. It is recommended that the buyer and/or seller should obtain at least three written estimates from a professional contractor who is licensed in the field of repairs suggested DIVERSIFIEDHOME INSPECTIONS, INC. 16201 SW 49th Street Fort Lauderdale, FL 33331 Office: 954 252 9980 Email: DivHomins@aol.com Insp. # 39636 Estimate $ 500.00 Min. Plumbing Report Water Supply Valve Location: Unknown Meter Location: Front Age: 62 years Gas Supply Location: N/A Water Source: City Pressure lbs: 68 Water Disposal: Sewer Exterior Filter: No Fire Sprinklers: No Exposed Piping: Copper, PVC, Cast Drain Flow: Normal Visible Leaks: No Est. Year updated: N/A Bath Ventilation: Window Functional: Yes Shower Pan Test Performed Location: 1.N/A DEFICIENCIES: (176-177)Unit 409 Rear sink drain pipe is improperly plumbed(doesn't have a p-trap). $250.00 (192-194)Unit 415 NW bathroom toilet seat is not secure, tank cover is damaged, and toilet has signs of previous leaks. $250.00 **If Polybutylene pipe exist in this structure please see NOTICE on estimates of repairs page. **Diversified recommends plumbing drainpipe camera inspections on all structures regardless of age. NOTE: Please see SCOPE AND TERMS of Inspection. It is recommended that the buyer and/or seller should obtain at least three written estimates From a professional contractor who is licensed in the field of repairs suggested. DIVERSIFIEDHOME INSPECTIONS, INC. 16201 SW 49th Street Fort Lauderdale, FL 33331 Office: 954 252 9980 Email: DivHomins@aol.com Insp. # 39636 Estimate $ 6,265.00 Min. Structural Report Structure Type: Commercial Square Footage: 3,335 Stories: 1 Approximate Year Built: 1958 Permit App Date: 1958 Occupied: Yes Wall Construction: CBS: 100 % Floor Type: Concrete Foundation Type: Concrete Roof System: Concrete, Trusses Ventilation: N/A Crawl Space: No Stairs: No Elevator: No Garage: Attached Doors: Manual Auto-Reverse Functional: N/A Balcony: None Window Protection: None Exterior Walls, Siding & Gutters: (152, 191)Unit 409 Front brick facing is damaged in multiple areas. $450.00 North side gutter is damaged and missing. $600.00 Exterior Doors: Front4:3 Rating: Not rated Glazed Yes Rear4:1 Rating: Not rated Glazed Yes Side#: N/A Rating: N/A Glazed N/A OH4:2 Rating: Not rated Glazed No (97)Unit 9 Front entry door is misaligned, and handle is not secure. $80.00 Interior Walls & Ceilings: Plaster, Drywall Furnished: Yes (110-111)Unit 9 wall at the doorway is damaged. $250.00 (132-133) South beam has settlement cracks visible,possible indication of structural fatigue. $1,800.00 (158)Unit 409 ceiling is damaged due to previous and current roof leaks, suspect substance growth. $2,500.00 (190, 192)Unit 409 front wall and window sill are damaged at the doorway. $250.00 (127-128)NOTE: Center ceiling panel is corroded and leaking, Reference Roof Report. (171-175)NOTE: Partitioned room doors were locked and not accessible. Windows: Jalousie, Fixed Glass (154)Unit 9 east upper jalousie windows are damaged and missing. $150.00 (184)Unit 409 Bathroom window screen is missing. $60.00 Interior Doors: (162-163)Unit 409 rear room door hardware is missing. $125.00 NOTE: Please see SCOPE AND TERMS of Inspection. It is recommended that the buyer and/or seller should obtain at least three written estimates from a professional contractor who is licensed in the field of repairs suggested l a 37= 5 6 7 98 102 104 �h fi s� rl A 4 - '. 109 112 r kl s — r I b 'r 117 118 Aj h{,I f i1 II I�VtI �I ip li i iYlf' fills��i I {I I,I li — tt i Ijr s R, �r 130 147 t� 176 177 � ii��i t.1xt7� iiry s {ltd\u 192 193 194 152 E 191 97 { 110 111 AM l� 11 y + Ht� 1 ui�1y 132 133 t t � �s1 - w ff�4jt4�(r Ott 158 190 �d 4I'�6�ilEii y \'tSit .t, S{t� 11X . ` 44� } 1{ jit WX� 14i i V v til tq stl'%4 s �( 192 127 16 A - ? w W log. F i 128 171 2 #t��7l�S�, �r��lt� �, \`11��}�Ft itiSti ttti)�114445 172 173 - S -. 'fi I Pi 1 fY 4' - I 174 175 r° kN f w; t ,4h 441�s� 4kj 154 184 162 163 DIVERSIFIEDHOME INSPECTIONS, INC. 16201 SW 49th Street Fort Lauderdale, FL 33331 Office: 954 252 9980 Email: DivHomins@aol.com Insp. # 39636 Date 8/4/20 ESTIMATES ON REPAIRS: Grounds: $ -0- Attic $ -0- Electrical: $ 1,760.00 AC/Heat: $ 2,500.00 Plumbing: $ 500.00 Structural: $ 6,265.00 TOTAL: $11,025.00 ADDITIONAL: Roof: See Report Termite: See Report NOTICE: Building materials such as polybutylene pipe, aluminum branch wiring and certain electrical panels such as but not limited to FPE (Federal Pacific Electric), Zinsco and Challenger may be considered defective or hazardous by some insurance companies and may require updating or replacing in order to insure property. Recommend consulting insurance company. NOTE: These estimates are to be used only as a guide to the client. Diversified Home Inspections, Inc. recommends a licensed repair contractor to determine and/or confirm the accuracy of repair costs. If the seller is responsible for repairs, it is recommended that they are completed prior to closing or have at least 1.5 times the estimated cost held in escrow. Processor: Sheena Holub SCOPE & TERMS OF INSPECTION GENERAL INFORMATION: The inspection report received should not be considered a warranty or guarantee and NO WRITTEN OR ORAL GUARANTEE OF WARRANTY IS GIVEN WITH THIS REPORT OF ANY KIND. It is a non-invasive inspection based solely on what is visible and easily accessible at the time of inspection. This report identifies as many deficiencies that were able to be revealed under the physical conditions that existed at the time of the inspection and does NOT represent to be a complete identification of every defective item. It does NOT cover areas which are enclosed or inaccessible or concealed. The repairs suggested are based on cost estimates only and are NOT guaranteed as to price or amount.This inspection company accepts no responsibility for discovered defects subsequent to the day of this inspection. Future failure of mechanical components which are working at the time of the inspection cannot be predicted. Battery operated or battery backup devices or components and any and all filtered components should be serviced at time of occupancy, and are NOT the responsibility of the inspectors or the inspection company. This inspection report should NOT be used to determine building code compliance. Open pen-nits may not be listed on a permit history search conducted by Diversified Home Inspections. Inspections may be conducted by licensed independent sub-contractors. Cosmetic defects are not noted by inspectors. Mold, lead based paint, asbestos and radon inspections are NOT part of this evaluation unless an additional fee is paid to have an environmentalist come out with our team. Chinese drywall is NOT a part of this inspection and is performed ONLY at the request of the client. Wood destroying organisms, and pest activity are NOT a part of this evaluation unless an additional fee is paid to have a State certified pest control operator come out with our team,and ONLY performed at the request of the client. Rodents are NOT a scope of this inspection. "Condo inspections are intended for the unit in the structure only and are not inclusive of the host structure's ELECTRICAL: This inspection covers only receptacles and inspectors do a visual of remaining electrical system in those areas which are directly accessible to the inspectors. Inspectors cannot determine if concealed wiring of any type is to code. The electrical system is not checked for adequacy of service, appropriate conductor size,or the adequacy of the electrical material used such as aluminum or copper. ROOF: Since it is impossible to deten-nine roof leaks in dry weather, clearly visible water stains will be marked as leaks and inspectors can only identify conditions of the roof itself on the date of the inspection. Attic areas physically inaccessible are not considered by the inspectors. AIR-CONDITIONING& HEATING UNITS: Life expectancy of all units is not determined nor will an opinion as to adequacy of size, coolant pressure; air volume or balance of the system is rendered by inspectors. Interior condition of units will not be evaluated. Gas heating units must be checked by the gas supplier company under their specific safety regulations.The air-conditioning/heating units are only checked to determine cooling and heating temperatures only. STRUCTURAL: The concrete slab is not checked for being level and minor cracks are considered normal and not always noted. A structural engineer should be consulted for an in-depth structural evaluation. Fences and non-permanent buildings are not part of this inspection. Seawall/dock inspection is not part of this report unless a separate report by a qualified marine diver is requested at an additional charge. Swimming pools, spas, & hot tubs are not checked for leaks and limited to above-water surfaces via visual inspection only. Inspectors do not dismantle filters or other components nor do inspectors check the chemical composition of the water. PLUMBING: This inspection does not determine every type of plumbing pipe in the building, and if there are any constrictions in inaccessible plumbing drain/waste or supply lines. This inspection does not include water treatment equipment, water quality, and adequacy of water pressure or distribution, pump systems or septic tanks. Life or use expectancy on plumbing components is not included in this report. Sprinkler systems can only be tested if operational and inspectors make no representations as to the condition of underground and/or concealed pipes of any kind. Interior supply valves are not tested. APPLIANCES: Inspectors make only visual inspections of these items and note only visual malfunctions. LIMITATION OF LIABILITY/LITIGATION COSTS &FORUM: The customer agrees that the liability of Diversified Home Inspection and inspectors is limited to the price of the inspection service paid and no more, and hold harmless Diversified Home Inspection for personal injury and any and all claims regarding latent defects or deficiencies and cannot be sued or have legal action of any kind brought against this company for any claim, including negligence or damages related to all and any portion(S) of this inspection. Further, if litigation should arise involving this contract, then the forum for the same shall be Broward County Florida and attorney's fees, costs and/or collection fees incurred by the inspection company in enforcing the terms herein shall be paid by the customer. Estimated costs of repairs is only a general guide only and it is recommended that the buyer/or seller obtains three estimates from licensed contractors in the field of suggested repairs. MODIFICATIONS: There are no modifications to these terms and agreement unless specifically made in writing and signed by an inspection company representative. A fax or electronic signature shall constitute an original for all legal purposes. OTHER TERMS&CONDITIONS: Any dispute, controversy, interpretation or clairn including claims for, but not limited to, breach of contract, any form of negligence, fraud, or misinterpretation arising out of,from or related to,this contract or arising out of,from or related to the inspection or inspection report shall be submitted first Lo a Non-Binding Mediation conference and absent a voluntary settlement through Non-Binding Mediation to be followed by final and Binding Arbitration, if necessary, as conducted by Construction Dispute Resolution Services, LLC or Resolute Systems, Inc.utilizing their respective Rules and Procedures. If you would like to utilize the Mediation or Arbitration services of another dispute resolution provider other than one of those so stated please submit your recommendation to us for our consideration. Ifthe dispute is submitted to Binding Arbitration, the decision of the Arbitrator appointed there under shall be final and binding and the enforcement of the Arbitration Award m ay be entered in any Court or administrative tribunal having.jurisdiction thereof. All fees are due at the time of inspection unless prior arrangements have been made.Client will be responsible for payment weather purchase of property is completed or not.The customer authorizes Diversified Home Inspections to distribute and/or discuss the contents with the real estate agents,attorneys,lenders and insurance companies involved in this transaction. Dk,eisnfied Home lnspections. Inc.must be notuficd bnnnctfiately of array past inspccfion dcficuencbes 1t before any repairs are:staacd It not notified TAversffied Horne Inspecdions and undcpendend conlrauors m ffl not Lake respvn,ubHAy. NOTICE: YOU AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDES THE DISPUTES BUT HAS .AGREED INSTEAD TO RESOLVE DISPUTES THROUGH MEDIATION :AND BINDING ARBITRATION. y L Theresa;.t erback(,All R31,R202015:1EDT) Utterback #39636 Client Signature Inspection Number PA a � 07/31 /20 Signature for the Home Inspection Company Date C.T.C. Roofing,Corp. bF� State License#CCC1328548 3830 N.W.791h Way, Davie, FL 33024 (954)433-2737 Fax(844) 273-1365 info@ctcroof.com www.ctcroof.com Roof Inspection Report #39636 Tuesday, August 4, 2020 Ordered by: Diversified Home Inspections Property Address: 411 E Boynton Beach Blvd. Boynton Beach, FL 33435 SCOPE OF INSPECTION: This is a visual inspection providing a professional opinion by a licensed roofing contractor as to the condition of the roof as of this date. We do not accept liability for unseen deficiencies. This is not a warranty or guarantee. As a roof ages, new leaks can occur. Immediate correction of small deficiencies, which allow water to penetrate the roof system, will reduce wood damage and more costly leak repairs. The inspector has inspected all exterior roof components and documented in general terms the type of roof, age, and any deficiencies present at time of inspection. Where accessible, C.T.C. Roofing, Corp., has noted all conditions that may compromise any inspected roof component's ability to shed water and/or realize its intended life. The following items are not included in this inspection: sheds, non-walkable roofs such as screen enclosures, patios,or additions. Flat Roof: Approximate age: 25+/-years Remaining Roof Life Expectancy(After repairs completed): Approx. at end of lifespan Was access to interior of home provided? yes Was attic inspected: n/a Roof System: Ventilation: no General Description: This is a one story,commercial building. The fiat roof covering is gravel,fiberglass. 1. This inspection reports that the roof and roof covering are in satisfactory condition with no evidence of any leaks or repairs needed. 2. This inspection lists the following deficiencies requiring corrections. Deficiencies: • Excessive ponding • Exposed fiberglass,split seal, loose granules,damaged cap sheet • Rusted vents and flashings • Leak at NW corner/soft deckwood • Damaged fascia at rear eave Estimated cost to replace roofing system: $ 75,000.00 1 C.T.C. Roofing,Corp. bF� State License#CCC1328548 3830 N.W.791h Way, Davie, FL 33024 (954)433-2737 Fax(844) 273-1365 info@ctcroof.com www.ctcroof.com � "M f_ ��p'" tae a��r�w T }t�i74 ft#f����}�it� `✓ �, � 1 ll.l 5i i k�i+s f�!F - d�> ,ftp .r pi %'ii 13 a'i k Jim Akll 11 4 — _ 2 C.T.C. Roofing,Corp. bF� State License#CCC1328548 3830 N.W.791h Way, Davie, FL 33024 (954)433-2737 Fax(844) 273-1365 info@ctcroof.com www.ctcroof.com 77 wjpw t ah tt I t t - �tt s� s I q - °) i1m �\ - J� �4 5 - � F i 1 I { Y �1 Ott. 3 C.T.C. Roofing,Corp. bF� State License#CCC1328548 3830 N.W.791h Way, Davie, FL 33024 (954)433-2737 Fax(844) 273-1365 info@ctcroof.com www.ctcroof.com vyii sq�l6sat�+'Ids p Ufa m_ I certify that I am authorized to sign this certification on behalf of C.T.C.Roofing,Corp.and that by the signature hereinafter made, C.T.C.Roofing,Corp.is duly bound under the terms and conditions of the certification. I further certify that I have no interest,present or prospective,in the property,Buyer,Seller,Broker,Mortgagee,or other party involved in this transaction. Please feel free to contact our office if you should have any questions regarding our inspection. Authorized Signature: `fani Ann Sanchez Date: 8�1"1202® C.T.C.Roofing,Corp.,By: Toni Ann Sanchez,President,License#CCC1328548 Section 1010 of Title 18,USC,"Federal Housing Administrations Transactions,"provides: "Whoever,for the purpose of influencing in any way the action of such administration makes,passes,utters,or publishes any statement,knowing the same to be false,shall be fined not more than$5000 or imprisoned not more that two years,or both." Other Federal Statues provide severe penalties for any Fraud as intentional misrepresentation made for the purpose of influencing the issuance or the making of any loan by the administration of veteran affairs. Proposal: We hereby submit our estimate for correction of deficiencies noted on the above and in our General Terms and Conditions,are hereby accepted. This proposal is valid for 30 days 411 Boynton Beach Blvd Biynton Beach, FL $75,000.00 roof replacement For a more detailed quote please call the office at 954-433-2737 or email us at info(a)ctcroof.com Acceptance of Proposal: The prices, specifications, and conditions above and on the General Terms and Conditions above are hereby accepted. You are hereby authorized to do the work as specified. Payment will be made upon job completion. All conditions are hereby agreed to: Name: (Please Print) Date: Signature: As: ❑ Buyer ❑ Seller/Owner ❑ Other: Anticipated Closing Date: Phone Number: Email Address: *Forms of payment: We accent personal checks and cash. Credit Card Payment options available for a 2.7%fee. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs,will be executed only upon written orders,and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, delays beyond our control, including weather. This proposal subject to acceptance with THIRTY(30)days and is void thereafter at the option of the undersigned. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be due when the work described in this Contract is completed and performed in accordance with Contract specification. 4 V4-A C.T.C. Roofing,Corp. State License#CCC1328548 3830 N.W.791h Way, Davie, FL 33024 (954)433-2737 Fax(844) 273-1365 info@ctcroof.com www.ctcroof.com Collection Fee of$200.00 shall be charged on all contracts past due 30 days. In addition,final payment due and unpaid under the Contract shall bear interest from the date payment is due at the rate of 1 1/2 per month(18%per annum)or at the legal rate prevailing at the place of the project. Only local checks accepted unless prior arrangements are made. An additional charge of at least$25.00 shall be paid for any check returned by your bank. Failure to make payment in accordance with contract shall invalidate any guarantee or warranty provided above. If placed in the hands of an attorney for collection,the undersigned,in accepting this proposal,agrees,jointly and severally,to pay reasonable attorney's fees,whether suit be brought or not. All parties hereto hereby waive demand,notice and protest Important., Customer agrees to all additional terms on reverse,including provision#8 regarding mold. This Contract supersedes all prior oral or written agreements,if any,between the parties and constitutes the entire agreement between the parties with respect to work to be performed under this Contract and guarantee are non-transferable. GENERAL TERMS&CONDITIONS: Underthis contractwe,C.T.C.Roofing,Corp.,and you,the owner or customer,agree as follows: 1. Payment.The terms of paymentfor the workto be performed shall be payable upon completion,unless otherwise stated on the face of this contract.Only local checks are accepted unless prior arrangements are made.Final payment due and unpaid under the Contract shall bear interest from the date of paymentis due at the rate of 11/2%permonth(18%per annum),oratthe maximum legal rate prevailing at the place of the project. Please note that our jobs are not priced to include costs of collection&filing of any required Notices to Owner.Therefore,you agree to pay a Collection Fee of$200.00 for any invoice past due more than 30 days. You further agree to pay any and all subsequent costs and attorney's fees which maybe incurred by us in collecting sums due under this agreement,whether ornot litigation is commenced against you.Further,failure to make payment in accordance with contract shall invalidate any guarantee or warranty provided herein. No Warranty services shall be provided until full payment has been received.You agree that we will retain title to all materials covered bythis contract until the purchase price has been fully paid in cash.All Deposits are Non-Refundable. Cancellation fee maybe charged forany file setup,permit processing,labor,or for any other deposits or fees incurred on your behalf in the event of cancellation.You acknowledge that your timely compliance with the terms of payment is essential to this contract. You may not withhold payments pending adjustment of any liability for alleged defects in the workor the costs of correcting the same 2. OtherTerms.All material is guaranteed to be as specified.All workis to be completed in a workmanlike manner accordingto standard practices and Florida Building Code.All contracts include cleaning up and hauling away of debris caused from roofrepairs.Any exception would be written on the face ofthis contract.Priming ofnew wood with white primershall be performed at to prevent water penetration.Painting of said wood to match existing shall be your responsibility.Any exposed wood replaced shall be primed with white paint unless homeowner wishes to provide paint to match existingatthe time ofour repair.Any subs equentpaintingofsaidwood tomatch existingshallbeyourresponsibility.We as sum enoliabilityforreplacement ofrottenand/or t m-k damaged lumberwhich is covered bypaint,spray coatings,or hidden by other means. 3. Scope ofWork&Requirements offluilding Department.Anyaddition oralteration ofjob specifications involving extra cost,includingany change in job specifications prescribed by your building department,will become an extra charge over and above the estimate. If your building department requires any additional architectural and/or engineer certification or testing,customer agrees to pay cost of obtaining same.Also,be advised thatthe scope ofour contractis limited to the roof structure,down to and including the deck material. Once roofing has been removed,should there be any required correction,certification,or alteration of truss support system,this will be considered an additional item,over and above our contract amount. Customer accepts all liability and cost for correction to the structure,however that may be defined by your building department.Items or materials which are an improper application,per code or manufacturer specification,will not be reinstalled. Any piping installed on the underside ofthe deck may be damaged bynails and is not the responsibility ofC.T.C.Roofing,Corp. 4. Installation.You acknowledge that the job will be ready for continuous installation once we commence work.You agree to provide us with access to the job site for our workmen or machinery.You also agree to provide us with water and electricity as maybe necessary to complete the work Customer agrees topaycost &time of obtaining a generator to complete work if power is not on when our crew arrives.Weagree toexercise reasonablecarewhenperforming the workbutwewill not be responsible in any mannerfor damage to sidewalks&driveways,foliage&shrubbery,screening&screen enclosures,swimming pools or decks,septic tanks,pipes,sprinkler systems or cables above or below ground,orfor any other damage which mightoccur in gaining access to or performing on the job site.You agree to remove all moveable objects located under the roof line,including,but not limited to,awnings,bird feeders,potted plants,hanging baskets,hammocks,garbage cans,lawn chairs and the like priorto the commencement of the work We will not be responsible for damages to such items which are not removed prior to our commencement of the work. There is a real possibility that the following conditions may occur during the removal,replacement and/or repair of your roof: A) Ceilings and/or exterior stucco walls may crack B) Dirt&Debris may sift through the sheathing boards into the attic or into the house or surroundingareas. C) Roof drainage locations may change.Correction of roof drainage is not included in contractprice. D) Dirt&debris mayfall into pools or saunas.For all above,you agree to assume the risk and liability thatany or all ofthe foregoing conditions may occur and agree to release us from any liability for any such damages. 5. Limitations on Liability.We shall not be liable for damages for failure to perform or for any delays in performance of the work if such failure or delay is caused,directly or indirectly,by Acts of God or of Government,strikes,lockouts or other industrial or labor disturbances or disputes,war,blockades or embargoes, fires,floods,storms,climate,weather,delay in receipt of materials from our sources of supply,shortage of supply of materials or labor,delays in transportation,or any other cause(s)beyond our reasonable control.Events beyond our control can often cause sharp unforeseen increases in the cost of roofing materials. Therefore,an escalation fee may be charged on the cost ofmaterials if we receive notification of price increase by supplier and/or manufacturer subsequent to the pricing of this job. 6. WarrantyPeriod;Limitations ofWarranty&Liability:Allworkis guaranteed to be completed as specifies.Any warranty period provided willbe specifically statedin writing onthe face ofthis contract,subj ectto the stated scope and limitation indicated.Our liability after completion and acceptance ofthe work will be limited to the terms and provisions of such warranty and confined tothe workmanship actuallyperformed pursuanttothe contract.Related damagesare not included in our warranty.We are not responsible for any damages to interior ceilings,furniture and fixtures,decorations,stock,or equipment due to leakage,seepage, orotherfailure ofsaidwork.In the event ofanydefects orproblemswith respect to the workmanship,materials or workperformed,you agree that we will havethe right to correctanyand all problernsforwhich weare responsible and that you will not authorize other personnel to perform these services. Please contact our office immediately to report any problems with our work. Protectyour warranty:Once your roof is installed or your repair work completed,and throughout your warranty period,please be advised that pressure cleaning, termite tenting,additions such as skylights or other items,or the presence ofother personnel on the roofsurface can destroy our workmanship or cause damage. In no event will such guarantee impose upon us any liability for damages caused from any reason other than failure ofour workmanship,including damage caused by termite or wood- destroying organisms,fire,tornado,hail,lightning strikes,tropical storms,hurricanes or other extraordinary causes beyond our control;nor for damages to the building upon or in which the work is to be performed;nor for any damage to said work caused by settlement,warping,distortion,or failure of roof deck,sheathing,walls,partition rJ V4-A C.T.C. Roofing,Corp. State License#CCC1328548 3830 N.W.791h Way, Davie, FL 33024 (954)433-2737 Fax(844) 273-1365 info@ctcroof.com www.ctcroof.com walls,ceilings or foundation of the building;nor for failure of any materials for integralpart of said buildingused as abase,attachmentto orfor said work 7. Asbestos.Asbestos-abatement removal&disposal,ifrequired,are not included in this contract. 8. Mold.Itis understood and agreed that the roofing contractor(and roofing contractor's insurer)will be held harmless for alleged or actual damages/claims as a result of MOLD,algae or fungus.Itis understood that we,and our insurer,will exclude all coverage,including damages for defense,damages relatedto bodilyinjury, property damage,and clean up expenses caused directly or indirectly,in whole or in part,for any actions brought as a result of mold,including fungus and mildew, regardless of the cost,event,materials,products or workmanship that may have contributed concurrently,orin any sequence,to the injury or damage that occurs. 9. Completion and Acceptance.Upon completion,you agree to immediately inspect our work and accept such work if it has been completed accordingto thetermsofthiscontract.Fullandcompleteacceptanceoftheworkby youwillbepresumeduponyourmakingfinalsettlementand/orexecutinganotefor final statement 10. Interpretation/Integration/Modification,You agree that this agreement shall be interpreted and construed in accordance with the laws ofthe Stateof Florida.This contract embodies the entire agreementb etweenthe parties andthere are no promises,representations,or understandings between the parties exceptasset forth in this contract.No officer,agentoremployee ofC.T.C.Roofing,Corp.shall have the power to waive anyprovision of this agreement,unless such waiver shall be in writing and signed bya duly authorized representative of C.T.C.Roofing,Corp. 11. Real6stateTransactions.PleasenotethatunlessC.T.C.Roofing,Corp.has performed a full inspection of your residence we will not be able to provide a clear roof inspection form unless we actually perform a roof inspection;however,we will behappy to provide an invoice for completed workwhich shows what repairs have been completed by a licensed roofing contractor for your closing.*Ifwe agree to be paid at closing,payment shall be due atthetime of the closing or within 30 days of completion of all work,whichever comes first. 6 =°rC.T.C. Roofing,Corp. bF State License#CCC1328548 3830 N.W.791h Way, Davie, FL 33024 (954)433-2737 Fax(844) 273-1365 info@ctcroof.com www.ctcroof.com FLORIDA'S CONSTRUCTION LIEN LAW ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB- SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. Customer Signature: Date: Print Name: Address: FLORIDA HOMEOWNER'S CONSTRUCTION RECOVERY FUND PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: Construction Industry Licensing Board 2601 Blairstone Road Tallahassee, Florida 32399-1039 (850)487-1395 Customer Signature: Date: Print Name: Address: 7 Florida Department of Agriculture and Consumer Services Division of Agricultural Environmental Services WOOD-DESTROYING ORGANISMS INSPECTION REPORT Rule 5E-14.142,F.A.C. ADAM H.PUTNAM Telephone Number(850)617-7996 COMMISSIONER SECTION 7 —GENERAL INFORMATION Inspection Company: OMEGA PEST CONTROL LLC Business License Number: JB244506 Inspection Company Name 367 River Bluff Ln phone Number: 754-234-5912 Company Address Royal Palm Beach,FL Date of Inspection: 08-04-2020 Company city,State and Zip Code Inspector's Name and identification Card Number: Alexei Glatko JE 171794 Pant Name Iia Card..No. Address of Property inspected: 411 E Boynton Beach Blvd,Boynton Beach,FL Structure(s)on Property Inspected: Warehouse Inspection and Report requested by: Diversified Home Inspections#39636 Name and Contact Irrf.—etion. Report Sent to Requestor and to: Name and.Contact Information it different from above SECTION 2—INSPECTION FINDINGS—CONSUMERS SHOULD READ THIS SECTION CAREFULLY THIS REPORT IS MADE ON THE BASIS OF WHAT WAS VISIBLE AND READILY ACCESSIBLE AT THE TIME OF INSPECTION AND DOES NOT CONSTITUTE A GUARANTEE OF THE ABSENCE OF WOOD-DESTROYING ORGANISMS(WDOs)OR DAMAGE OR OTHER EVIDENCE UNLESS THIS REPORT SPECIFICALLY STATES HEREIN THE EXTENT OF SUCH GUARANTEE. This report does not cover areas such as,but not limited to,those that are enclosed or inaccessible,areas concealed by wall-coverings,floor coverings,furniture,equipment,stored articles,insulation or any portion of the structure in which inspection would necessitate removing or defacing any part of the structure. This property was not inspected for any fungi other than wood-decaying fungi,and no opinion on health related effects or indoor air quality is providedor rendered by this report. Individuals licensed to perform pest control are not required,authorized or licensed to inspect or report for any fungi other than wood-destroying fungi,nor to report or comment on health or indoor air quality issues related to any fungi.. Persons concerned'about these issues should consult with a certified industrial hygienist or other person trained and qualified to render such opinions.AI wood-destroying organism(WOO)means an arthropod or plant life which damages and can reinfect seasoned wood In a structure,namely,termites,powder post beetles,old house borers,and wood-decaying fungi. NOTE:This is NOT a structural damage report.It should be understood that there may be damage,including possible hidden damage present. FURTHER INVESTIGATION BY QUALIFIED EXPERTS OF THE BUILDING TRADE SHOULD BE MADE TO DETERMINE THE STRUCTURAL SOUNDNESS OF THE PROPERTY. Based on a visual inspection of accessible areas,the following findings were observed:' (See Page 2, Section 3 to determine which areas of the inspected structure(s)may have been inaccessible.) A. id NO visible signs of WDO(s)(live,evidence or damage)observed. B. ❑ VISIBLE evidence of WDO(s)was observed as follows: 1:11. LIVE WDO(s): (Common Name of Organism and Location-use additional page,if needed) 112. EVIDENCE of WDO(s)(dead wood-destroying insects or insect parts,frass, shelter tubes,exit holes,or other evidence): (Common Name,Deecdpdon and Locadon-Doscdbe evidence-use addniionat page,if needed) ❑ 3. DAMAGE caused by WDO(s)was observed and noted as follows: (Common Name,Description and Location of aA visbe damage-Describe damage-use additional page,if needed) CONTINUED ON PAGE TWO FDACS-13645 Rev. 10115 Page 1 of 2 SECTION 3—OBSTRUCTIONS AND INACCESSIBLE AREAS: The following areas of the structure(s) inspected were obstructed or inaccessible. NO INFORMATION on the status of wood-destroying organisms or damage from wood-destroying organisms in these areas is provided in this report. In addition to those areas described in consumer information,on Page 1,Section 2;the following specific areas were not visible and/or accessible for inspection.The descriptions and reasons for inaccessibility are stated below: E] Attic SPECIFIC AREAS: REASOW Interior SPECIFIC AREAS: Behind: Wall voids,base boa rds,doo r frames REASON: inaccessible Exterior SPECIFIC AREAS: REASON: El Crawlspace SPECIFIC AREAS: REASON: Moldings, floor coverings,wall coverings, siding, fixed ceilings, insulation, furniture, Other-, SPECIFIC AREAS:appliances,filled in kitchen cabinets,full bathroom cabinets and/or personal possessions REASON: No inspection was made in areas which required the breaking apart or into,dismantling, removal of any object, including but not limited to previously noted areas SECTION 4—NOTICE OF INSPECTION AND TREATMENT INFORMATION EVIDENCE of previous treatment observed: 11 Yes 2 No If Yes, the structure exhibits evidence of previous treatment. List what was observed: {Sate V01al ai evidence as odse .d i.suggest pass ie p—i—Vaett--.6d,t—al pageif needed) NOTE,The inspecting company can give no assurances with regard to work done by other companies.The company that performed the treatment should be contacted for information on treatment history and any warranty or service agreement which may be in place. ,A Notice of Inspection has been affixed to the structure at: Fuse panel (Stale This Company has treated the structure(s)at the time of inspection EJ Yes IR No If Yes: Common name of organism treated: (Gammon name of arganhst+�} Name of Pesticide Used: Terms and Conditions of Treatment: Method of treatment: 0 Whole structure D Spot treatment: Specify Treatment Notice Location: SECTION 5—COMMENTS AND FINANCIAL DISCLOSURE Comments: Recommendations of actions and/or treatment advised' (Use adddd,al ipaq©,,4 necessary) Please Read: Important Consumer Information Regarding the Scope and Limitations of the Inspection, attached as separate page to this report Neither the company(licensee) nor the inspector has any financial interest in the property inspected or is associated in any way in the transaction or with any party to the transaction other than for inspection purposes. .4& Signature of Licensee or Agent: yk-tKI Date: 08-04-2020 Address of Property Inspected:411 E Boynton Beach Blvd,Boynton Beach,FL Inspection Date: 08-04-2020 FDAGS-13645 Rev. 10115 Page 2 of 2 OMEGA PEST CONTROL LLC Important Consumer Information Regarding the Scope and Limitations of the Inspection This report is not a guarantee or warranty as to the absence of wood destroying insects nor is it a structural integrity report. The inspector's training and experience do not qualify the inspector in damage evaluation or any other building construction technology and/or repair. 1.About the Inspection:A visual inspection was conducted in the readily accessible areas of the structure(s)indicated including attics and crawlspaces which permitted entry during the inspection.The inspection included probing and/or sounding of unobstructed and accessible areas to determine the presence or absence of visual evidence of wood destroying insects.Omega Pest Control LLC( referred as The Inspection Firm from here on) is not responsible to repair any damage or treat any infestation at the structure(s)inspected,except as may be provided by separate contract.Also,wood destroying insect infestation and/or damage may exist in concealed or inaccessible areas.The inspection firm cannot guarantee that any wood destroying insect infestation and/or damage disclosed by this inspection represents all of the wood destroying insect infestation and/or damage which may exist as of the date of the inspection.This inspection does not include mold,mildew or noninsect wood destroying organisms.There is no warranty,expressed or implied,related to this report unless disclosed as required by state regulations or a written warranty or service agreement is attached. 2.Treatment Recommendation Guidelines Regarding Termites:Treatment or corrective action will be recommended if live termites are found.If no evidence of a previous treatment is documented and evidence of infestation is found,even if no live termites are observed,treatment or corrective action will be recommended.Treatment or corrective action may be recommended if evidence of infestation is observed,and a documented treatment occurred previously,unless the structure is under warranty or covered by a service agreement with a licensed pest control company.Please note that the treatment recommended or corrective actions recommended are solely recommendations;Ultimately the home owner/or their agents/ representatives hold the right and should be bringing informed decisions in regards to treatment approach,treatment type, cost.Omega Pest Control LLC shall not be held liable in any way for the recommedations given or for the lack there of. 3.Obstructions and Inaccessible Areas: No inspection was made in areas which required the breaking apart or into, dismantling,removal of any object,including but not limited to:moldings,floor coverings,wall coverings,siding,fixed ceilings, insulation,furniture,appliances,filled in kitchen cabinets,full bathroom cabinets and/or personal possessions; nor were areas inspected which were obstructed or inaccessible for physical access on the date of inspection.Your inspector may write out inaccessible areas,spaces,attics,and/or other areas may be deemed inaccessible if the opening to the area is not large enough to provide physical access for the inspector or if a ladder was required for access.Crawl spaces(or portions thereof)may also be deemed inaccessible if there is less than 24 inches of clearance from the bottom of the floorjoists to the surface below. If any area which has been reported as inaccessible is made accessible,the inspection company may be contacted for another inspection.An additional fee may apply. 4.Consumer Maintenance Advisory Regarding Integrated Pest Management for Prevention of Wood Destroying Insects.Any structure can be attacked by wood destroying insects.Homeowners should be aware of and try to eliminate conditions which promote insect infestation in and around their structure(s).Factors which may lead to wood destroying insect infestation include:earth to wood contact,foam insulation at foundation in contact with soil,faulty grade,improper drainage,firewood against structure(s),insufficient ventilation,moisture,wood debris in crawlspace,wood mulch or ground cover in contact with the structure,tree branches touching structure(s),landscape timbers and wood decay.Should these or other conditions exist, corrective measures should be taken in order to reduce the chances of infestation of wood destroying insects and the need for treatment. 5.Neither the inspecting company nor the inspector has had,presently has,or contemplates having any interest in the property inspected. j BTB DIVERSIFIED HOME INSPECTIONS, INC. "EXPERIENCE DEPENDABLE SERVICE" 16201 SW 49th Street Fort Lauderdale FL, 33331 Office Ph# 954-252-9980 Email: Divhomins@aol.com INSPECTION # 39635 INSPECTED FOR: UTTERBACK ADDRESS INSPECTED: 401 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33435 DATE OF INSPECTION: 08/04/2020 Inspection Fee: $ 825.00 Amount Due: $825.00 DIVERSIFIEDHOME INSPECTIONS, INC. 16201 SW 49th Street Fort Lauderdale, FL 33331 Office: 954 252 9980 Email: DivHomins@aol.com UTTERBACK Inspection#39635 Inspected By: Rick Ansbaugh Re: 401 E. Boynton Beach Blvd. Boynton Beach, FL 33435 DearMs. Utterback, On August 4, 2020 Diversified Home Inspections made a visual inspection of the above-mentioned property. Enclosed please find a written, report of our findings in accordance with the scope & terms of this inspection. Although maintenance items may have been addressed verbally at the time of the inspection, they may not be included in the enclosed report. I hope the enclosed information is helpful and we at Diversified Home Inspections wish you luck with your new home. If you need any further assistance, please feel free to contact me at the above telephone number. Thank you for allowing us to serve you. Sincerely, 4,z LI, Richard M.Ansbaugh Diversified H ome Inspections, Inc. DIVERSIFIEDHOME INSPECTIONS, INC. 16201 SW 49th Street Fort Lauderdale, FL 33331 Office: 954 252 9980 Email: DivHomins@aol.com nsp. # 39635 Date: 08/04/2020 Inspections Performed: Grounds Roof/ Attic Electrical Ac/Heat Plumbing Structural Termite ® (Performed by a Licensed Termite Company) Roof ® (See Roof Report for All Roof Related Deficiencies) Scope and Terms NOTE: The asterisk indicates the deficiency reeds to be repaired for 4-Point Purposes. NOTE: Photo number is indicated in front of deficiency it is referenced to. DIVERSIFIEDHOME INSPECTIONS, INC. 16201 SW 49th Street Fort Lauderdale, FL 33331 Office: 954 252 9980 Email: DivHomins@aol.com Insp. # 39635 Estimate $ 2,350.00 min Grounds Time of Inspection: 10:00 Weather Conditions: Sunny, Clear Temperature: 91 Front Facing: South Driveway: Asphalt Grading: Adequate Sidewalks: Concrete Condition: Cracked Fences: Wood, Metal, PVC Patio/Deck: None Dock: None DEFICIENCIES: (126- 128) Front parking lot bump stops are damaged, displaced and missing in multiple areas. $300.00 (130- 136) Front parking area asphalt is cracked and eroded in multiple areas throughout and requires repair and resealing. $1,800.00 (148) Southwest front walkway is cracked at the corner edge. $250.00 NOTE: Recommend evaluating surrounding soil conditions to assure that it is not contaminated due to equipment oil runoff. NOTE: Please see SCOPE AND TERMS of Inspection. It is recommended that the buyer and/or seller should obtain at least three written estimates From a professional contractor who is licensed in the field of repairs suggested. DIVERSIFIEDHOME INSPECTIONS, INC. 16201 SW 49th Street Fort Lauderdale, FL 33331 Office: 954 252 9980 Email: DivHomins@aol.com Insp. # 39635 Estimate $ -0- Roof Attic Mitigation ENTRY METHOD: Ladder,View,Walk Access: None % Inspected: 0 Previous Rodent Activity No Location: 1. N/A Exterior Access Fire Rated: NA Insulation: ISO Approximate Rating: R- 5 A/C Duct Condition: N/A Roof to Wall Connection: Structural # of Nails: N/A Roof Shape: Flat Non-Hip Ft: N/A Total Ft: N/A Roof App Date: Build Up 25+years Permit#: Unknown Roof Deck Type: Concrete Nail Spacing: N/A Flat Roof: 25+/-yrs. Life Expectancy: Oyrs Damage: Fascia No Covering Yes Leaking No DEFICIENCIES: NOTE: See attached Roof Report. *** See Roof Report for All Roof Related Deficiencies*** NOTE: Please see SCOPE AND TERMS of Inspection. It is recommended that the buyer and/or seller should obtain at least three written estimates From a professional contractor who is licensed in the field of repairs suggested. DIVERSIFIEDHOME INSPECTIONS, INC. 16201 SW 49th Street Fort Lauderdale, FL 33331 Office: 954 252 9980 Email: DivHomins@aol.com Insp. # 39635 Estimate $ 2,610.00 min Electrical Report EXTERIOR: Time of Inspection: 10:00 Service: Overhead, Copper Year Updated: N/A Panel Type: 1. Square D Location: North Workshop Age: 60 years 2. Square D Location: North Workshop Age: 60 years 3. GE Location: North Workshop Age: 60 years Grounding: Ground Rod,Water Pipe Service Disconnect: Breakers, Fuses Amps: 1. 200 2. 100 3. 125 Voltage: 240 Improper Wiring: No Loose Wiring: Yes Exposed Wiring: Yes Fans Grounded: N/A Double Taps: Yes Outlets Grounded: Yes G.F.C.L: No GFI's Tripping: N/A GFI's Reset: N/A Door-Bell: No Aux. Power Generator No DEFICIENCIES: (34)Rear workshop ceiling light power is detached, unable to verify operation. $25.00 *(66) South side electrical junction box is detached from the wall, conduit is separated and the wiring is exposed. $125.00 *(81)Rear workshop service panel lugs are triple tapped, recommend updating electrical service panel. $1,200.00 INTERIOR: Branch Wiring: Copper, Romex, Piped, BX Main Panel Type: 1. Square D Location: Office Age: 60 years Type of Outlets: 3 prong Type of Panel: Breakers Wiring Age: 60 years Improper Wiring: No Loose Wiring: No Exposed Wiring: No Fans Grounded: Yes Empty Socket: No Outlets Grounded: Yes G.F.C.L: Yes GFI Tripping: Yes GFI's Reset: Yes Double Taps: Yes Arch Fault: No Smoke Alarms Functional: N/A Carbon Monoxide: No Limited Access: Yes Alarm System: Yes Location: Tool Storage Room Functional: Yes DEFICIENCIES: *(93, 94) Office branch wiring panel right top and bottom left breakers are double tapped. $300.00 *(98) Office branch wiring panel mainline is double tapped, and the second wire is cut. $60.00 (101- 103) Show room lighting is not fully functional. $250.00 (115)Automatic emergency lighting is not installed in the building. $250.00 Illuminated exit lighting is not installed in the building. $400.00 NOTE: Certain electrical panels such as FPE, Zinsco and Challenger may not be accepted by all insurance companies please see NOTICE on estimates of repairs page. NOTE: Please see SCOPE AND TERMS of Inspection. It is recommended that the buyer and/or seller should obtain at least three written estimates from a professional contractor who is licensed in the field of repairs suggested. DIVERSIFIEDHOME INSPECTIONS, INC. 16201 SW 49th Street Fort Lauderdale, FL 33331 Office: 954 252 9980 Email: DivHomins@aol.com Insp. # 39635 Estimate $ 350.00 min HVAC/Fire Place Report 1. Make Exterior: N/A Manufacture Date: N/A Make Interior: LG Manufacture Date: 10+/-years Approximate Degrees: Vent: 60 Return: 80 Heat: N/A TD's: 20 Acceptable: Yes AHU Coil Condition: Unknown AHU Location: Showroom Safety Switch: No Drain Pan: No Condenser Coil Condition: Clean Condenser Coil Location: Showroom Tons: Unknown 2. Make Exterior: N/A Manufacture Date: N/A Make Interior: Whirlpool Manufacture Date: 10+/-years Approximate Degrees: Vent: 60 Return: 80 Heat: N/A TD's: 20 Acceptable: Yes AHU Coil Condition: Unknown AHU Location: South Office Safety Switch: No Drain Pan: No Condenser Coil Condition: Clean Condenser Coil Location: South Office Tons: Unknown 3. Make Exterior: N/A Manufacture Date: N/A Make Interior: GE Manufacture Date: 10+/-years Approximate Degrees: Vent: 80 Return: 70 Heat: N/A TD's: 10 Acceptable: No AHU Coil Condition: Unknown AHU Location: North Office Safety Switch: No Drain Pan: No Condenser Coil Condition: Clean Condenser Coil Location: North Office Tons: Unknown 4. Make Exterior: N/A Manufacture Date: N/A Make Interior: GE Manufacture Date: 10+/-years Approximate Degrees: Vent: 61 Return: 80 Heat: N/A TD's: 19 Acceptable: Yes AHU Coil Condition: Unknown AHU Location: Workshop Safety Switch: No Drain Pan: No Condenser Coil Condition: Clean Condenser Coil Location: Workshop Tons: Unknown System Type: Wall Units, Electric Type Of Disconnects: Switch Proper Insulation on Coolant Line: N/A Compressor Unit Anchored: Yes Visible Rust/Corrosion: Exterior: No Interior: No Condensate Line Draining Properly: Yes Cooling Properly: Yes Heating Properly: N/A DEFICIENCIES: *(99)North office wall unit A/C is not cooling properly, and the wall below is water damaged due to condensation. $350.00 (63)NOTE: South east side A/C unit is no longer in service and is not functional. NOTE: All A/C equipment requires routine maintenance and cleaning. NOTE: Please see SCOPE AND TERMS of Inspection. It is recommended that the buyer and/or seller should obtain at least three written estimates from a professional contractor who is licensed in the field of repairs suggested DIVERSIFIEDHOME INSPECTIONS, INC. 16201 SW 49th Street Fort Lauderdale, FL 33331 Office: 954 252 9980 Email: DivHomins@aol.com Insp. # 39635 Estimate $ 250.00 min Plumbing Report Water Supply Valve Location: East Side Meter Location: Front Age: 60 years Gas Supply Location: N/A Water Source: City Pressure lbs: 68 Water Disposal: Sewer Exterior Filter: No Fire Sprinklers: No Exposed Piping: Copper, PVC, Cast Drain Flow: Normal Visible Leaks: No Est. Year updated: N/A Bath Ventilation: Fan Functional: Yes Shower Pan Test Performed Location: 1.N/A DEFICIENCIES: (121)Front planter copper plumbing pipe is cut in jagged(hazardous condition). $250.00 (109)NOTE: Structure is partially plumbed with cast drain pipes and risers, recommend consulting with a Licensed Plumbing Contractor for camera sewer drain pipe inspection Water Heater: 1) Make: N/A **If Polybutylene pipe exist in this structure please see NOTICE on estimates of repairs page. **Diversified recommends plumbing drainpipe camera inspections on all structures regardless of age. NOTE: Please see SCOPE AND TERMS of Inspection. It is recommended that the buyer and/or seller should obtain at least three written estimates From a professional contractor who is licensed in the field of repairs suggested. DIVERSIFIEDHOME INSPECTIONS, INC. 16201 SW 49th Street Fort Lauderdale, FL 33331 Office: 954 252 9980 Email: DivHomins@aol.com Insp. # 39635 Estimate $ 1,600.00 min Structural Report Structure Type: Commercial Square Footage: 2,062 Stories: 1 Approximate Year Built: 1960 Permit App Date: 1960 Occupied: Yes Wall Construction: CBS: 100 % Floor Type: Concrete Foundation Type: Concrete Roof System: Concrete Ventilation: N/A Crawl Space: No Vented: N/A Inspected: N/A Stairs: No Rails Secure: N/A Elevator: No Garage: Attached Doors: Manual Auto-Reverse Functional: N/A Balcony: None Rails Secure: N/A Window Protection: Partial Type 1: Metal Panels Rating: Not Labeled Sky Light Rating:N/A Glass Block Rating N/A Exterior Walls, Siding & Gutters: (57, 58) North workshop east and north concrete post walls are damaged. $450.00 (117- 119) East side wall finished is water damaged due to improperly installed A/C wall unit. $300.00 Exterior Doors: Front#:1 Rating: Not Labeled Glazed Yes OH4:1 Rating: Not Rated Glazed No (112- 114) Front entry door threshold section is missing. $200.00 Interior Walls & Ceilings: Drywall,Wood Furnished: Yes (56)Workshop wood paneling is damaged. $250.00 Windows: Jalousie, Fixed Glass Window screens are damaged and missing in multiple areas. $200.00 Interior Doors: (42)Rear bathroom door is damaged. $200.00 NOTE: Please see SCOPE AND TERMS of Inspection. It is recommended that the buyer and/or seller should obtain at least three written estimates from a professional contractor who is licensed in the field of repairs suggested \x t 4 r e ! Y y fit 126 127 ui a � � �� i��i tli I -f� ?lips +n ,d j ��aha�➢�� - 128 130 {k S Int u � gnzyq $ Y 1r {1 YA�t iii§t�?t 131 132 } ) V S �i Yi��lc�r r ,z±' � i t�i� v�Y't�lki ✓' .� ) �( � r ? V 133 134 �i111tir'4 ti t )rirY)�)fY gd �tr �si .- 5 t F i 3 I — a 135 136 r n- k 148 34 m s}Isa�� ! 66 81 s, iiii MEN t y I !ro ! 93 94 Y �1 98 101 t �4 1 4 t �+ 4\� 102 103 115 99 r /j 1J 1 lh s e r u t ki v s 1S t� v f Ori r'"'rrrr ` Iona, v �1I G$ I�'llk 63 121 qna e a win i" 109 57 A 4� 1�£ t Do s ` ,'�, ,t 58 117 A 77 MOM 118 119 , 112 113 lol z 3 S` } t 1 hh�l s� 114 56 42 DIVERSIFIEDHOME INSPECTIONS, INC. 16201 SW 49th Street Fort Lauderdale, FL 33331 Office: 954 252 9980 Email: DivHomins@aol.com nsp. # 39635 Date 08/04/2020 ESTIMATES ON REPAIRS: Grounds: $ 2,350.00 Attic $ -0- Electrical: $ 2,610.00 AC/Heat: $ 350.00 Plumbing: $ 250.00 Structural: $ 1,600.00 TOTAL: $ 7,160.00 ADDITIONAL: Roof: See Report Termite: See Report NOTICE: Building materials such as polybutylene pipe, aluminum branch wiring and certain electrical panels such as but not limited to FPE (Federal Pacific Electric), Zinsco and Challenger may be considered defective or hazardous by some insurance companies and may require updating or replacing in order to insure property. Recommend consulting insurance company. NOTE: These estimates are to be used only as a guide to the client. Diversified Home Inspections, Inc. recommends a licensed repair contractor to determine and/or confirm the accuracy of repair costs. If the seller is responsible for repairs, it is recommended that they are completed prior to closing or have at least 1.5 times the estimated cost held in escrow. Processor: SWK SCOPE & TERMS OF INSPECTION GENERAL INFORMATION: The inspection report received should not be considered a warranty or guarantee and NO WRITTEN OR ORAL GUARANTEE OF WARRANTY IS GIVEN WITH THIS REPORT OF ANY KIND. It is a non-invasive inspection based solely on what is visible and easily accessible at the time of inspection. This report identifies as many deficiencies that were able to be revealed under the physical conditions that existed at the time of the inspection and does NOT represent to be a complete identification of every defective item. It does NOT cover areas which are enclosed or inaccessible or concealed. The repairs suggested are based on cost estimates only and are NOT guaranteed as to price or amount. This inspection company accepts no responsibility for discovered defects subsequent to the day of this inspection. Future failure of mechanical components which are working at the time of the inspection cannot be predicted. Battery operated or battery backup devices or components and any and all filtered components should be serviced at time of occupancy, and are NOT the responsibility of the inspectors or the inspection company. This inspection report should NOT be used to determine building code compliance. Open permits may not be listed on a permit history search conducted by Diversified Home Inspections. Inspections may be conducted by licensed independent sub-contractors. Cosmetic defects are not noted by inspectors. Mold, lead based paint, asbestos and radon inspections are NOT part of this evaluation unless an additional fee is paid to have an environmentalist come out with our team. Chinese drywall is NOT a part of this inspection and is performed ONLY at the request of the client. Wood destroying organisms, and pest activity are NOT a part of this evaluation unless an additional fee is paid to have a State certified pest control operator come out with our team,and ONLY performed at the request of the client. Rodents are NOT a scope of this inspection. "Condo inspections are intended for the unit in the structure only and are not inclusive of the host structure" ELECTRICAL: This inspection covers only receptacles and inspectors do a visual of remaining electrical system in those areas which are directly accessible to the inspectors. Inspectors cannot determine if concealed wiring of any type is to code. The electrical system is not checked for adequacy of service, appropriate conductor size,or the adequacy of the electrical material used such as aluminum or copper. ROOF: Since it is impossible to determine roof leaks in dry weather, clearly visible water stains will be marked as leaks and inspectors can only identify conditions of the roof itself on the date of the inspection. Attic areas physically inaccessible are not considered by the inspectors. AIR-CONDITIONING& HEATING UNITS: Life expectancy of all units is not determined nor will an opinion as to adequacy of size, coolant pressure; air volume or balance of the system is rendered by inspectors. Interior condition of units will not be evaluated. Gas heating units must be checked by the gas supplier company under their specific safety regulations.The air-conditioning/heating units are only checked to determine cooling and heating temperatures only. STRUCTURAL: The concrete slab is not checked for being level and minor cracks are considered normal and not always noted. A structural engineer should be consulted for an in-depth structural evaluation. Fences and non-permanent buildings are not part of this inspection. Seawall/dock inspection is not part of this report unless a separate report by a qualified marine diver is requested at an additional charge. Swimming pools, spas, & hot tubs are not checked for leaks and limited to above-water surfaces via visual inspection only. Inspectors do not dismantle filters or other components nor do inspectors check the chemical composition of the water. PLUMBING: This inspection does not determine every type of plumbing pipe in the building, and if there are any constrictions in inaccessible plumbing drain/waste or supply lines. This inspection does not include water treatment equipment, water quality, and adequacy of water pressure or distribution, pump systems or septic tanks. Life or use expectancy on plumbing components is not included in this report. Sprinkler systems can only be tested if operational and inspectors make no representations as to the condition of underground and/or concealed pipes of any kind. Interior supply valves are not tested. APPLIANCES: Inspectors make only visual inspections of these items and note only visual malfunctions. LIMITATION OF LIABILITY/LITIGATION COSTS&FORUM: The customer agrees that the liability of Diversified Home Inspection and inspectors is limited to the price of the inspection service paid and no more, and hold harmless Diversified Home Inspection for personal injury and any and all claims regarding latent defects or deficiencies and cannot be sued or have legal action of any kind brought against this company for any claim, including negligence or damages related to all and any portion(S) of this inspection. Further, if litigation should arise involving this contract, then the forum for the same shall be Broward County Florida and attorney's fees, costs and/or collection fees incurred by the inspection company in enforcing the terms herein shall be paid by the customer. Estimated costs of repairs is only a general guide only and it is recommended that the buyer/or seller obtains three estimates from licensed contractors in the field of suggested repairs. MODIFICATIONS: There are no modifications to these terms and agreement unless specifically made in writing and signed by an inspection company representative. A fax or electronic signature shall constitute an original for all legal purposes. OTHER TERMS&CONDITIONS: Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud, or misinterpretation arising out of,from or related to,this contract or arising out of,from or related to the inspection or inspection report shall be submitted first to a Non-Binding Mediation conference and absent a voluntary settlement through Non-Binding Mediation to be followed by final and Binding Arbitration, if necessary, as conducted by Construction Dispute Resolution Services, LLC or Resolute Systems, Inc. utilizing their respective Rules and Procedures. If you would like to utilize the Mediation or Arbitration services of another dispute resolution provider other than one of those so stated please submit your recommendation to us for our consideration. If the dispute is submitted to Binding Arbitration, the decision of the Arbitrator appointed there under shall be final and binding and the enforcement of the Arbitration Award may be entered in any Court or administrative tribunal having jurisdiction thereof. All fees are due at the time of inspection unless prior arrangements have been made. Client will be responsible for payment weather purchase of property is completed or not. The customer authorizes Diversified Home Inspections to distribute and/or discuss the contents with the real estate agents,attorneys,lenders and insurance companies involved in this transaction D)verslficd [Ionic Vnspcctions, Inc. must be no6ficd inmicduateiy of any pose bnspcctuon dcfi6em6cs before any repaios are star-t„b.Vfnot noublled D) e slficd Home Inspcctbom wib bndcpcmdcm conurautors€xuVl not take respomd)fl4v. NOTICE: YOU AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDES THE DISPUTES BUT HAS AGREED INSTEAD TO RESOLVE DISPUTES THROUGH MEDIATION AND BINDING ARBITRATION. Lfir - Theresa i,tlerbac (.JU�X!X31.,202015:18 EDT) Utterback #39635 Client Signature Inspection Number PA a � 07/31/20 Signature for the Home Inspection Company Date C.T.C. Roofing,Corp. bF� State License#CCC1328548 3830 N.W.791h Way, Davie, FL 33024 (954)433-2737 Fax(844) 273-1365 info@ctcroof.com www.ctcroof.com Roof Inspection Report #39635 Tuesday, August 4, 2020 Ordered by: Diversified Home Inspections Property Address: 401 E Boynton Beach Blvd. Boynton Beach, FL 33435 SCOPE OF INSPECTION: This is a visual inspection providing a professional opinion by a licensed roofing contractor as to the condition of the roof as of this date. We do not accept liability for unseen deficiencies. This is not a warranty or guarantee. As a roof ages, new leaks can occur. Immediate correction of small deficiencies, which allow water to penetrate the roof system, will reduce wood damage and more costly leak repairs. The inspector has inspected all exterior roof components and documented in general terms the type of roof, age, and any deficiencies present at time of inspection. Where accessible, C.T.C. Roofing, Corp., has noted all conditions that may compromise any inspected roof component's ability to shed water and/or realize its intended life. The following items are not included in this inspection: sheds, non-walkable roofs such as screen enclosures, patios,or additions. 77-777 al til t 1 z Flat Roof: Approximate age: 25+/-years Remaining Roof Life Expectancy(After repairs completed): Approx. at end of lifespan Was access to interior of home provided? yes Was attic inspected: n/a Roof System: Ventilation: no 1 C.T.C. Roofing,Corp. bF� State License#CCC1328548 3830 N.W.791h Way, Davie, FL 33024 (954)433-2737 Fax(844) 273-1365 info@ctcroof.com www.ctcroof.com General Description: This is a one story,commercial building. The fiat roof covering is gravel, silicone. 1. This inspection reports that the roof and roof covering are in satisfactory condition with no evidence of any leaks or repairs needed. 2. This inspection lists the following deficiencies requiring corrections. Deficiencies: • Rusted flashing Estimated cost to replace roofing system: $ 40,000.00 I certify that I am authorized to sign this certification on behalf of C.T.C.Roofing,Corp.and that by the signature hereinafter made, C.T.C.Roofing,Corp.is duly bound under the terms and conditions of the certification. I further certify that I have no interest,present or prospective,in the property,Buyer,Seller,Broker,Mortgagee,or other parry involved in this transaction. Please feel free to contact our office if you should have any questions regarding our inspection. Authorized Signature: Toni.$nn Sanchez Dated114f202-0 C.T.C.Roofing,Corp.,By: Toni Ann Sanchez,President,License#CCC1328548 Section 1010 of Title 18,USC,"Federal Housing Administrations Transactions,"provides: "Whoever,for the purpose of influencing in anyway the action of such administration makes,passes,utters,or publishes any statement,knowing the same to be false,shall be fined not more than $5000 or imprisoned not more that two years,or both." Other Federal Statues provide severe penalties for any Fraud as intentional misrepresentation made for the purpose of influencing the issuance or the making of any loan by the administration of veteran affairs. Proposal: We hereby submit our estimate for correction of deficiencies noted on the above and in our General Terms and Conditions,are hereby accepted. This proposal is valid for 30 days 401 E Bounton Beach Blvd Boynton Beach, Fl.33435 $40,000.00 roof replacement For a more detailed quote please call the office at 954-433-2737 or email us at infooctcroof.com Acceptance of Proposal: The prices, specifications, and conditions above and on the General Terms and Conditions above are hereby accepted. You are hereby authorized to do the work as specified. Payment will be made upon job completion. All conditions are hereby agreed to: Name: (Please Print) Date: Signature: As: ❑ Buyer ❑ Seller/Owner ❑ Other: Anticipated Closing Date: Phone Number: Email Address: *Forms of payment: We accent personal checks and cash. Credit Card Payment options available for a 2.7%fee. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs,will be executed only upon written orders,and will become an extra charge over and above the 2 V4-A C.T.C. Roofing,Corp. State License#CCC1328548 3830 N.W.791h Way, Davie, FL 33024 (954)433-2737 Fax(844) 273-1365 info@ctcroof.com www.ctcroof.com estimate. All agreements contingent upon strikes, accidents, delays beyond our control, including weather. This proposal subject to acceptance with THIRTY(30)days and is void thereafter at the option of the undersigned. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be due when the work described in this Contract is completed and performed in accordance with Contract specification. Collection Fee of$200.00 shall be charged on all contracts past due 30 days. In addition,final payment due and unpaid under the Contract shall bear interest from the date payment is due at the rate of 1 1/2 per month(18%per annum)or at the legal rate prevailing at the place of the project. Only local checks accepted unless prior arrangements are made. An additional charge of at least$25.00 shall be paid for any check returned by your bank Failure to make payment in accordance with contract shall invalidate any guarantee or warranty provided above. If placed in the hands of an attorney for collection,the undersigned,in accepting this proposal,agrees,jointly and severally,to pay reasonable attorney's fees,whether suit be brought or not. All parties hereto hereby waive demand,notice and protest Important., Customer agrees to all additional terms on reverse,including provision#8 regarding mold. This Contract supersedes all prior oral or written agreements,if any,between the parties and constitutes the entire agreement between the parties with respect to work to be performed under this Contract and guarantee are non-transferable. GENERAL TERMS&CONDITIONS: Underthis contractwe,C.T.C.Roofing,Corp.,and you,the owner or customer,agree as follows: 1. Payment.The terms of paymentfor the workto be performed shall be payable upon completion,unless otherwise stated on the face of this contract.Only local checks are accepted unless prior arrangements are made.Final payment due and unpaid under the Contract shall bear interest from the date of paymentis due at the rate of 11/2%permonth(18%per annum),oratthe maximum legal rate prevailing at the place of the project. Please note that our jobs are not priced to include costs of collection&filing of any required Notices to Owner.Therefore,you agree to pay a Collection Fee of$200.00 for any invoice past due more than 30 days. You further agree to pay any and all subsequent costs and attorney's fees which maybe incurred by us in collecting sums due under this agreement,whether ornot litigation is commenced against you.Further,failure to make payment in accordance with contract shall invalidate any guarantee or warranty provided herein. No Warranty services shall be provided until full payment has been received.You agree that we will retain title to all materials covered bythis contract until the purchase price has been fully paid in cash.All Deposits are Non-Refundable. Cancellation fee maybe charged forany file setup,permit processing,labor,or for any other deposits or fees incurred on your behalf in the event of cancellation.You acknowledge that your timely compliance with the terms of payment is essential to this contract. You may not withhold payments pending adjustment of any liability for alleged defects in the workor the costs of correcting the same 2. OtherTerms.All material is guaranteed to be as specified.All workis to be completed in a workmanlike manner accordingto standard practices and Florida Building Code.All contracts include cleaning up and hauling away of debris caused from roofrepairs.Any exception would be written on the face ofthis contract.Priming ofnew wood with white primershall be performed at to prevent water penetration.Painting of said wood to match existing shall be your responsibility.Any exposed wood replaced shall be primed with white paint unless homeowner wishes to provide paint to match existingatthe time ofour repair.Any subs equentpaintingofsaidwood tomatch existingshallbeyourresponsibility.We as sum enoliabilityforreplacement ofrottenand/or t m-k damaged lumberwhich is covered bypaint,spray coatings,or hidden by other means. 3. Scope ofWork&Requirements offluilding Department.Anyaddition oralteration ofjob specifications involving extra cost,includingany change in job specifications prescribed by your building department,will become an extra charge over and above the estimate. If your building department requires any additional architectural and/or engineer certification or testing,customer agrees to pay cost of obtaining same.Also,be advised thatthe scope ofour contractis limited to the roof structure,down to and including the deck material. Once roofing has been removed,should there be any required correction,certification,or alteration of truss support system,this will be considered an additional item,over and above our contract amount. Customer accepts all liability and cost for correction to the structure,however that may be defined by your building department.Items or materials which are an improper application,per code or manufacturer specification,will not be reinstalled. Any piping installed on the underside ofthe deck may be damaged bynails and is not the responsibility ofC.T.C.Roofing,Corp. 4. Installation.You acknowledge that the job will be ready for continuous installation once we commence work.You agree to provide us with access to the job site for our workmen or machinery.You also agree to provide us with water and electricity as maybe necessary to complete the work Customer agrees topaycost &time of obtaining a generator to complete work if power is not on when our crew arrives.Weagree toexercise reasonablecarewhenperforming the workbutwewill not be responsible in any mannerfor damage to sidewalks&driveways,foliage&shrubbery,screening&screen enclosures,swimming pools or decks,septic tanks,pipes,sprinkler systems or cables above or below ground,orfor any other damage which mightoccur in gaining access to or performing on the job site.You agree to remove all moveable objects located under the roof line,including,but not limited to,awnings,bird feeders,potted plants,hanging baskets,hammocks,garbage cans,lawn chairs and the like priorto the commencement of the work We will not be responsible for damages to such items which are not removed prior to our commencement of the work. There is a real possibility that the following conditions may occur during the removal,replacement and/or repair of your roof: A) Ceilings and/or exterior stucco walls may crack B) Dirt&Debris may sift through the sheathing boards into the attic or into the house or surroundingareas. C) Roof drainage locations may change.Correction of roof drainage is not included in contractprice. D) Dirt&debris mayfall into pools or saunas.For all above,you agree to assume the risk and liability thatany or all ofthe foregoing conditions may occur and agree to release us from any liability for any such damages. 5. Limitations on Liability.We shall not be liable for damages for failure to perform or for any delays in performance of the work if such failure or delay is caused,directly or indirectly,by Acts of God or of Government,strikes,lockouts or other industrial or labor disturbances or disputes,war,blockades or embargoes, fires,floods,storms,climate,weather,delay in receipt of materials from our sources of supply,shortage of supply of materials or labor,delays in transportation,or any other cause(s)beyond our reasonable control.Events beyond our control can often cause sharp unforeseen increases in the cost of roofing materials. Therefore,an escalation fee may be charged on the cost ofmaterials if we receive notification of price increase by supplier and/or manufacturer subsequent to the pricing of this job. 6. WarrantyPeriod;Limitations ofWarranty&Liability:Allworkis guaranteed to be completed as specifies.Any warranty period provided willbe specifically statedin writing onthe face ofthis contract,subj ectto the stated scope and limitation indicated.Our liability after completion and acceptance ofthe work will be limited to the terms and provisions of such warranty and confined tothe workmanship actuallyperformed pursuanttothe contract.Related damagesare not included in our warranty.We are not responsible for any damages to interior ceilings,furniture and fixtures,decorations,stock,or equipment due to leakage,seepage, orotherfailure ofsaidwork.In the event ofanydefects orproblemswith respect to the workmanship,materials or workperformed,you agree that we will havethe right to correctanyand all problernsforwhich weare responsible and that you will not authorize other personnel to perform these services. Please contact our office immediately to report any problems with our work. Protectyour warranty:Once your roof is installed or your repair work completed,and throughout your warranty period,please be advised that pressure cleaning, 3 V4-A C.T.C. Roofing,Corp. State License#CCC1328548 3830 N.W.791h Way, Davie, FL 33024 (954)433-2737 Fax(844) 273-1365 info@ctcroof.com www.ctcroof.com termite tenting,additions such as skylights or other items,orthe presence of other personnel on the roof surface can destroy our workmanship or cause damage. In no event will such guarantee impose upon us any liability for damages caused from any reason otherthan failure of our workmanship,including damage caused by termite or wood- destroying organisms,fire,tornado,hail,lightning strikes,tropical storms,hurricanes or other extraordinary causes beyond our control;nor for damages to the buildingupon or in which the work is to be performed;nor for any damage to said work caused by settlement,warping,distortion,or failure of roof deck,sheathing,walls,partition walls,ceilings or foundation of the building;nor for failure of any materials for integralpart of said buildingused as abase,attachmentto orfor said work 7. Asbestos.Asbestos-abatement removal&disposal,ifrequired,are not included in this contract. 8. Mold.Itis understood and agreed that the roofing contractor(and roofing contractor's insurer)will be held harmless for alleged or actual damages/claims as a result of MOLD,algae or fungus.Itis understood that we,and our insurer,will exclude all coverage,including damages for defense,damages relatedto bodilyinjury, property damage,and clean up expenses caused directly or indirectly,in whole or in part,for any actions brought as a result of mold,including fungus and mildew, regardless of the cost,event,materials,products or workmanship that may have contributed concurrently,orin any sequence,to the injury or damage that occurs. 9. Completion and Acceptance.Upon completion,you agree to immediately inspect our work and accept such work if it has been completed accordingto thetermsofthiscontract.Fullandcompleteacceptanceoftheworkby youwillbepresumeduponyourmakingfinalsettlementand/orexecutinganotefor final statement 10. Interpretation/Integration/Modification,You agree that this agreement shall be interpreted and construed in accordance with the laws ofthe Stateof Florida.This contract embodies the entire agreementb etweenthe parties andthere are no promises,representations,or understandings between the parties exceptasset forth in this contract.No officer,agentoremployee ofC.T.C.Roofing,Corp.shall have the power to waive anyprovision of this agreement,unless such waiver shall be in writing and signed bya duly authorized representative of C.T.C.Roofing,Corp. 11. Real6stateTransactions.PleasenotethatunlessC.T.C.Roofing,Corp.has performed a full inspection of your residence we will not be able to provide a clear roof inspection form unless we actually perform a roof inspection;however,we will behappy to provide an invoice for completed workwhich shows what repairs have been completed by a licensed roofing contractor for your closing.*Ifwe agree to be paid at closing,payment shall be due atthetime of the closing or within 30 days of completion of all work,whichever comes first. 4 =°rC.T.C. Roofing,Corp. bF State License#CCC1328548 3830 N.W.791h Way, Davie, FL 33024 (954)433-2737 Fax(844) 273-1365 info@ctcroof.com www.ctcroof.com FLORIDA'S CONSTRUCTION LIEN LAW ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB- SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. Customer Signature: Date: Print Name: Address: FLORIDA HOMEOWNER'S CONSTRUCTION RECOVERY FUND PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: Construction Industry Licensing Board 2601 Blairstone Road Tallahassee, Florida 32399-1039 (850)487-1395 Customer Signature: Date: Print Name: Address: S Florida Department of Agriculture and Consumer Services Division of Agricultural Environmental Services WOOD-DESTROYING ORGANISMS INSPECTION REPORT Rule 5E-14.142,F.A.C. ADAM H.PUTNAM Telephone Number(850)617-7996 COMMISSIONER SECTION 7 —GENERAL INFORMATION Inspection Company: OMEGA PEST CONTROL LLC Business License Number: JB244506 Inspection Company Name 367 River Bluff Ln phone Number: 754-234-5912 Company Address Royal Palm Beach,FL Date of Inspection: 08-04-2020 Company city,State and Zip Code Inspector's Name and identification Card Number: Alexei Glatko JE 171794 Pnnt Name Iia Card..No. Address of Property inspected: 401 E Boynton Beach Blvd Boynton Beach,FL Structure(s)on Property Inspected: Warehouse Inspection and Report requested by: Diversified Home Inspections#39635 Name and Contact Irrf.—etion. Report Sent to Requestor and to: Name and.Contact Information it different from above SECTION 2—INSPECTION FINDINGS—CONSUMERS SHOULD READ THIS SECTION CAREFULLY THIS REPORT IS MADE ON THE BASIS OF WHAT WAS VISIBLE AND READILY ACCESSIBLE AT THE TIME OF INSPECTION AND DOES NOT CONSTITUTE A GUARANTEE OF THE ABSENCE OF WOOD-DESTROYING ORGANISMS(WDOs)OR DAMAGE OR OTHER EVIDENCE UNLESS THIS REPORT SPECIFICALLY STATES HEREIN THE EXTENT OF SUCH GUARANTEE. This report does not cover areas such as,but not limited to,those that are enclosed or inaccessible,areas concealed by wall-coverings,floor coverings,furniture,equipment,stored articles,insulation or any portion of the structure in which inspection would necessitate removing or defacing any part of the structure. This property was not inspected for any fungi other than wood-decaying fungi,and no opinion on health related effects or indoor air quality is providedor rendered by this report. Individuals licensed to perform pest control are not required,authorized or licensed to inspect or report for any fungi other than wood-destroying fungi,nor to report or comment on health or indoor air quality issues related to any fungi.. Persons concerned'about these issues should consult with a certified industrial hygienist or other person trained and qualified to render such opinions.AI wood-destroying organism(WOO)means an arthropod or plant life which damages and can reinfect seasoned wood In a structure,namely,termites,powder post beetles,old house borers,and wood-decaying fungi. NOTE:This is NOT a structural damage report.It should be understood that there may be damage,including possible hidden damage present. FURTHER INVESTIGATION BY QUALIFIED EXPERTS OF THE BUILDING TRADE SHOULD BE MADE TO DETERMINE THE STRUCTURAL SOUNDNESS OF THE PROPERTY. Based on a visual inspection of accessible areas,the following findings were observed:' (See Page 2, Section 3 to determine which areas of the inspected structure(s)may have been inaccessible.) A. ❑ NO visible signs of WDO(s)(live,evidence or damage)observed. B. 0 VISIBLE evidence of WDO(s)was observed as follows: 1. LIVE WDO(s): (Common Name of Organism and Location-use additional page,if needed) Ia 2. EVIDENCE of WDO(s)(dead wood-destroying insects or insect parts,frass, shelter tubes,exit holes,or other evidence): Drywood termite insect parts at flooring and front window sill. Fecal pellets at multiple areas of flooring. (Common Name,Deecapdon and Locadon-Doscdbe evidence-use addniionat page,if needed) ❑ 3. DAMAGE caused by WDO(s)was observed and noted as follows: (Common Name,Description and Location of aA visbe damage-Describe damage-use additional page,if needed) CONTINUED ON PAGE TWO FDACS-13645 Rev. 10115 Page 1 of 2 SECTION 3—OBSTRUCTIONS AND INACCESSIBLE AREAS: The following areas of the structure(s) inspected were obstructed or inaccessible. NO INFORMATION on the status of wood-destroying organisms or damage from wood-destroying organisms in these areas is provided in this report. In addition to those areas described in consumer information,on Page 1,Section 2;the following specific areas were not visible and/or accessible for inspection.The descriptions and reasons for inaccessibility are stated below: E] Attic SPECIFIC AREAS: REASOW Interior SPECIFIC AREAS: Behind: Wall voids,base boa rds,doo r frames REASON: inaccessible Exterior SPECIFIC AREAS: REASON: ❑ Crawlspace SPECIFIC AREAS: REASON: Moldings, floor coverings,wall coverings, siding, fixed ceilings, insulation, furniture, Other-, SPECIFIC AREAS:appliances,filled in kitchen cabinets,full bathroom cabinets and/or personal possessions REASON: No inspection was made in areas which required the breaking apart or into,dismantling, removal of any object, including but not limited to previously noted areas SECTION 4—NOTICE OF INSPECTION AND TREATMENT INFORMATION EVIDENCE of previous treatment observed: ❑ Yes R No If Yes, the structure exhibits evidence of previous treatment. List what was observed: {Sate V01al ai evidence as odse .d i.suggest pass ie p—i—Vaett--.6d,t—al pageif needed) NOTE,The inspecting company can give no assurances with regard to work done by other companies.The company that performed the treatment should be contacted for information on treatment history and any warranty or service agreement which may be in place. ,A Notice of Inspection has been affixed to the structure at: Electrical Panel (exterior) (Stale This Company has treated the structure(s)at the time of inspection ❑ Yes 5a No If Yes: Common name of organism treated: (Gammon name dr arganhst+�} Name of Pesticide Used: Terms and Conditions of Treatment: Method of treatment: ❑ Whole structure ❑ Spot treatment: Specify Treatment Notice Location: SECTION 5—COMMENTS AND FINANCIAL DISCLOSURE Comments: Recommendations of actions and/or treatment advised' Dwt tentless borate shield=$650.00 (Use adddd,al ipaq©,,d necessary) Tent fumigation is available as per customer's request. Please Read: Important Consumer Information Regarding the Scope and Limitations of the Inspection, attached as separate page to this report Neither the company(licensee) nor the inspector has any financial interest in the property inspected or is associated in any way in the transaction or with any party to the transaction other than for inspection purposes. Signature of Licensee or Agent: Date: 08-04-2020 Address of Property Inspected:401 E Boynton Beach Blvd,Boynton_Beach,FL Inspection Date: 08-04-2020 FDAGS-13645 Rev. 10115 Page 2 of 2 OMEGA PEST CONTROL LLC Important Consumer Information Regarding the Scope and Limitations of the Inspection This report is not a guarantee or warranty as to the absence of wood destroying insects nor is it a structural integrity report. The inspector's training and experience do not qualify the inspector in damage evaluation or any other building construction technology and/or repair. 1.About the Inspection:A visual inspection was conducted in the readily accessible areas of the structure(s)indicated including attics and crawlspaces which permitted entry during the inspection.The inspection included probing and/or sounding of unobstructed and accessible areas to determine the presence or absence of visual evidence of wood destroying insects.Omega Pest Control LLC( referred as The Inspection Firm from here on) is not responsible to repair any damage or treat any infestation at the structure(s)inspected,except as may be provided by separate contract.Also,wood destroying insect infestation and/or damage may exist in concealed or inaccessible areas.The inspection firm cannot guarantee that any wood destroying insect infestation and/or damage disclosed by this inspection represents all of the wood destroying insect infestation and/or damage which may exist as of the date of the inspection.This inspection does not include mold,mildew or noninsect wood destroying organisms.There is no warranty,expressed or implied,related to this report unless disclosed as required by state regulations or a written warranty or service agreement is attached. 2.Treatment Recommendation Guidelines Regarding Termites:Treatment or corrective action will be recommended if live termites are found.If no evidence of a previous treatment is documented and evidence of infestation is found,even if no live termites are observed,treatment or corrective action will be recommended.Treatment or corrective action may be recommended if evidence of infestation is observed,and a documented treatment occurred previously,unless the structure is under warranty or covered by a service agreement with a licensed pest control company.Please note that the treatment recommended or corrective actions recommended are solely recommendations;Ultimately the home owner/or their agents/ representatives hold the right and should be bringing informed decisions in regards to treatment approach,treatment type, cost.Omega Pest Control LLC shall not be held liable in any way for the recommedations given or for the lack there of. 3.Obstructions and Inaccessible Areas: No inspection was made in areas which required the breaking apart or into, dismantling,removal of any object,including but not limited to:moldings,floor coverings,wall coverings,siding,fixed ceilings, insulation,furniture,appliances,filled in kitchen cabinets,full bathroom cabinets and/or personal possessions; nor were areas inspected which were obstructed or inaccessible for physical access on the date of inspection.Your inspector may write out inaccessible areas,spaces,attics,and/or other areas may be deemed inaccessible if the opening to the area is not large enough to provide physical access for the inspector or if a ladder was required for access.Crawl spaces(or portions thereof)may also be deemed inaccessible if there is less than 24 inches of clearance from the bottom of the floorjoists to the surface below. If any area which has been reported as inaccessible is made accessible,the inspection company may be contacted for another inspection.An additional fee may apply. 4.Consumer Maintenance Advisory Regarding Integrated Pest Management for Prevention of Wood Destroying Insects.Any structure can be attacked by wood destroying insects.Homeowners should be aware of and try to eliminate conditions which promote insect infestation in and around their structure(s).Factors which may lead to wood destroying insect infestation include:earth to wood contact,foam insulation at foundation in contact with soil,faulty grade,improper drainage,firewood against structure(s),insufficient ventilation,moisture,wood debris in crawlspace,wood mulch or ground cover in contact with the structure,tree branches touching structure(s),landscape timbers and wood decay.Should these or other conditions exist, corrective measures should be taken in order to reduce the chances of infestation of wood destroying insects and the need for treatment. 5.Neither the inspecting company nor the inspector has had,presently has,or contemplates having any interest in the property inspected. SECTION 56 1102 N . FEDERAL HIGHWAY Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application 1102 N. Federal Highway s. 'F North Elevation Js' tl i i t t g f i��l r„1}j1J t 11 ter , s Its "k South Elevation Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application i £A1 5 r r "' c � y t East Elevation -- 4 t ISs£ t c art uts,i,,:4ir „ 2I 3jI3`�s��c����s£�i�);�SS tip o "'� \ ,�l141 1 r11�115��$sRsi h}i�ciclt�c,� �4411t�}cY�c�� s,ro i West Elevation Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application Adjacent Properties OR li I. E 3 k iol I t' �\ �#Y 1 }xt A Si\ �M�;fit North I i ki 3 l G a ��} } South Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application East e. t,r, r- West Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up rr and Beautification Grant Application i 1�t X1k 4 t" MLK Jr. Boulevard looking west i x F sri �y i {{55`it ` r Yl- r MLK Jr. Boulevard looking east Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application 4, ri,�I 1 111 1 - s � � 1 1 4J f £�t ref MLK Jr. Boulevard and Federal Highway Intersection looking south a � r s V—'����.� Ak ly � 1 NE 10th Avenue and Federal Highway Intersection looking north - Marine Rd _ ::o m y f w IliT IV F�tf 4 I r Ia Q ylrf,3�„ss''iii�l},rt�} 1`r "ilititt� CIO fsl yf lr r ltlsll z y s,,,tfr{ �f�yi f I � rs fyf t fMs �t �bt Aea�ptr'�i,N )s t i y r lt,r, w fw y y r tl1 -f�i m 1 f fz �) nr y�Ys ssii�A � b ,1S RAC�N a °I(�lt _ W � J _ Y Sty dt PAPA Banner Location Address 1102 N FEDERAL HWY "+Tw icipality BOYNTON BEACH Parcel Control Iunr 08-43-45-21-32-002-0201 Su vision LAKE ADD TO BOYNTON Official Records Book 10163 Page0685 Sale hate DEC-1997 LAKE ADD TO BOYNTON LT 20(LESS ELY 2.5 FT,N Legal Description FEDERAL HWY&RTN CRV AREA R/WS)< 21 (LESS N 22.10 FT,ELY 2.5 FT&N FEDERAL HWY RAM)IN OR10163P685 BLK 2 Owners -- ."+Tailing address ECKOLS 76 LTD& 2400 NW BOCA RATON BLVD ECKOLS 86 LTD BOCA RATON FL 33431 6647 Sales hate Price OR Book/Page Sale Type freer DEC-1997 $150,000 10163/00685 WARRANTY DEED ECKOLS 76 LTD& FEB-1994 $100 08131/00348 CERT OF TITLE JAN-1971 $32,000 01940/00331 No Exemption Information Available. ",Total Squaw Nu r of Units 0 Feet 1980 Acres 0.1509 Use Code 1100- STORES Zom'r C4-General Commercial(08-BOYNTON BEACH) Tax Year 2€120 P 2019 2018 Improvement Value $119,188 $113,488 $113,087 Land Valu $141,165 $134,459 $130,514'' Total Market Valine $260,353 $247,947 $243,601 p All values are as of January 1 st each year Preliminary Tax Year 2€120 P 2019 2018 Assessr d Vahnr $260,353 $247,947 $243,601 E xemption Amount $0 $0 $0 Taxable Valu $260,353 $247,947 $243,601 Tax Year 2€120 P 2019 2018 Ad Valorem $5,571 $5,358 $5,131 Non Ad Valorem $956 $925 $925 Total tax $6,527 $6,283 $6,056'' 9/11/2020 Printer Friendly Structural Details Property Information Owner Name: ECKOLS 76 LTD Parcel Control Number: 08-43-45-21-32-002-0201 Location Address: 1102 N FEDERAL HWY Structural Details Structural Element for Building 1 Sketch for Building 1 33 1. Year Eat.„ilr: 1954 2. RETAIL SINGLE.0CCLJP 1980 Subarea and Sq. Footage for Building 1 Code Description Sq. Footage RE:IAIL STORE: 1980 F taal Sq .�aare Footage : 1980 33 Feature Description Year Eat.„ilr: LJnir:S Paving-Asphalt 1954 460 Unit may represent the perimeter, square footage, linear footage, total number or other measurement of the feature ja i on the feature ,scri . Land Details Land Line Description Zoning Sq. Footage Acres 1. COMMERCIAL C4 6575 0.1509 https://www.pbcgov.org/papa/Asps/PropertyDetail/PrinterFriendlyStrDetail.aspx?entity_id=08434521320020201&Owner_Name=ECKOLS 76 LTD&&... 1/1 8/20/2020 Coversheet 12.A. LEGAL 8/19/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/19/2020 Requested Action by Commission: Proposed Resolution No.R20-088-Approval of Settlement Agreement Between the City of Boynton Beach and Eckols'76 LTD and Eckols'86 LTD and authorizing the City Manager or the City Manager's Designee to execute the Settlement Agreement. Explanation of Request: The City of Boynton Beach is the Plaintiff in litigation seeking foreclosure of a City lien on the property located at 1102 N. Federal Highway, Boynton Beach, Florida 33460("Subject Property"),owned by Eckols'76 LTD and Eckols'86 LTD. The counsel for Defendant Eckols'76 LTD and Eckols'86 LTD has proposed a settlement offer to the City of Boynton Beach to accept a quitclaim deed for the Subject Property in exchange for releasing Eckols'76 LTD and Eckols'86 LTD and its registered agent, Norman D. Olson from any or all liability for liens attached to the Subject Property. The City Attorney is requesting authorization from the City Commission to accept the proposed settlement offer by Eckols'76 LTD and Eckols'86 LTD. How will this affect city programs or services? Acquisition of the property by the City will give the City control over maintenance and use. Fiscal Impact: The fiscal impact of accepting the proposed settlement offer is a benefit to the City of Boynton Beach. Pursuant to the Palm Beach County Property Appraiser's website,the market value of the property from year 2019 is$247,947.00. As of August 13,2020,the total amount owed to the City is$859,734.24. Alternatives: Continue with litigation.The estimated fees and costs of the litigation is$25,000.. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Eckols Foreclosure Settlement Agreement D Agreement Eckols Foreclosure Draft Settlement Agreement https://boyntonbeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemI D=7968&MeetinglD=324 1/1 r t f G I i 1 RESOLUTION R20-088 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER OR THE CITY MANAGER'S DESIGNEE TO 6 SIGN A SETTLEMENT AGREEMENT BETWEEN THE 7 CITY OF BOYNTON BEACH AND ECKOLS '76 LTD AND 8 ECKOLS '86 LTD; AND PROVIDING AN EFFECTIVE 9 DATE. ` 10 11 WHEREAS,the City of Boynton Beach is the Plaintiff in litigation seeking foreclosure of t i i 12 a City lien on the property located at 1102 N. Federal Highway, Boynton Beach, Florida 33460 i 13 owned by Eckols '76 LTD and Eckols '86 LTD;and I j 14 WHEREAS, counsel for Defendant Eckols '76 LTD and Eckols '86 LTD has proposed a i 15 settlement offer to the City of Boynton Beach to accept a quitclaim deed for the Subject Property 16 in exchange for releasing Eckols '76 LTD and Eckols '86 LTD and its registered agent,Norman 17 D. Olson from any or all liability for liens attached to the Subject Property; and i 18 WHEREAS, acquisition of the property by the City will give the City control over r 19 maintenance and use; and s 20 WHEREAS, upon recommendation of staff, the City Commission has determined 21 that it is in the best interests of the residents of the City to approve the settlement offer and II i1 22 authorize the City Manager or the City Manager's designee to sign the Settlement r I, 23 Agreement conditioned upon the property being free and clear from all encumbrances as 24 determined by the City Attorney. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 26 CITY OF BOYNTON BEACH,FLORIDA, THAT: 27 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed as being f C I 28 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. i r S:ACA\RESO\Agreements\Approve Eckols Foreclosure Settlement-Reso.Docx ii I t `�t t r { 29 Section 2. The City Commission hereby approves the settlement offer and authorizes 30 the City Manager to sign a Settlement Agreement to accept a quitclaim deed for the Subject 31 Property in exchange for releasing Eckols '76 LTD and Eckols '86 LTD and its registered agent, 32 Norman D. Olson from any or all liability for liens attached to the Subject Property, a copy of 1 33 the Agreement is attached hereto as Exhibit "A". t 34 Section 3. The approval is conditioned upon the property being free and clear from 35 all encumbrances as determined by the City Attorney. 36 Section 4. This Resolution shall become effective immediately upon passage. Ah 37 PASSED AND ADOPTED this day of August, 2020. t } 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO ` 41 Mayor— Steven Grant 1 42 k h 43 Vice Mayor—Ty Penserga ' 44 45 Commissioner—Justin Katz 46 47 Commissioner— Woodrow L. Hay 48 49 Commissioner—Christina L. Romelus 50 51 I, 52 VOTE 53 ATTEST: 54 j55 j 56 57 Cry al Gibson, MMC 58 City Clerk i 59 60 61 62 jq ,Y N y S:Ac, S6\Agreements\Approve Eckols Foreclosure Settlement-Reso.Docx { j ` s ' 100 E. Ocean Avenue, 41" Floor �� �'""�' � ��� ` Boynton Beach, FL 33435 I Ph: 561-737-3256 `ttt}rti'Filsl tJtat,,tFax: 561-737-3258 VEA illiRA www tchboy nton com August 24, 2020 Lori LaVerriere Boynton Beach City Manager 100 E. Ocean Avenue Boynton Beach, FL 33426 Sent Via Email: LaVerriereL flus Re: Request for transfer of City Owned Property: 1102 N. Federal Highway PCN #08-43-45-21-32-002-0201 Dear Lori: As you may know, the CRA currently owns the property located at 1110 N. Federal Highway. This property happens to be adjacent to the City's recently acquired parcel located at 1102 N. Federal Highway, as described above. Within the last 30 days, the CRA has received two Letters of Interest for our property and it is more than conceivable that owning both parcels would produce two new projects at the same time or one larger project utilizing both properties together. For ease of property disposal to the public for redevelopment, it would be my recommendation that both of these properties are owned by the same entity. I am respectfully requesting your consideration of transferring the City's ownership of 1102 N. Federal highway to the Boynton Beach CRA. If supported, I would request that you present our property transfer request to the City Commission at their next available meeting. Thank you for your consideration and as always, it is a pleasure working with you and City staff on these smaller but very important redevelopment projects. Sincerely, Michael Simon Executive Director Enc. PAPA Map and parcel information Cc: Thuy Shutt, CRA Asst. Director r search Search ,Results 2' 5�p,} 3'�Y�y 3p y� �] �`'�yy p }V1L,It p"9VpG �A, ReuIr7 �� e �`, - Owneus EC KOLS 76 LTD& City of BB ECKOLS 86 LTL7 {� , Property det Location 1102 N FEDERAL Hera MuniC4pall9tf BrOYNT N BEAD Parcel No. 08434521370020201 x l i SubdIvision LAKE ADD TO BLJ'YNT`N r Book 10163 Page 0685 Sale Date L ECS , ?> w, , tit �, � � yl 2400 NW BOCA ( i Ma0mg RATON BLVD i, �, «�, rQ Address ally , 1 fit. PTFI FL � 1 nkr 3431 664 r, { rll { 11 dL 1 14�u{ t+V4tt4 frc t c»� s 6 4, �t Use Tvpe 1100-'STUFSE� � �� ����w� „� � NE 1011 Taxa1 Square Feet 1980 7e, k t , Sales Information Sales Date Price Y FEB-!DEC-]997 150000 994 1 GO „7 Appraisals "� Tax Year2016 'r¢t; 1 Improvement alu S 10T 5 n( III zr E Land Value S11B-15 U 7, 9 Total Market Value S� L � L1 a-e All va les are as SAP janUary 1 st Pali year Assessed/Taxable values I SIE 9th-Ave h1E�9tYi'Ave Tai Year 24�1 G (+� � ��L, { ,�' :1 � urs ASSeS5ed VMIJe S207.557 1�,, Exemption Amount Taxable Value S207 SL57 f e h 1110 N. Fed. Hwy, _'C RA P ro pe rty —10 y k�k 7 s, �t — t{{ls Er �. a s f , } r pry t r Au gu st 24,2020 1:576 0 0.00475 0.0095 0.019 mi 0 0.00755 0,01+5 0.03 km From: LaVerriere,Lori To: Simon,Michael Cc: Groff,Colin;Shutt,Thuy;Mack,Andrew;Temple,Adam N.; Utterback,Theresa;Temple,Adam N.;Cherof,Jim Subject: RE: Request for transfer of City Owned Property: 1102 N. Federal Highway Date: Monday,August 24,2020 12:54:18 PM Attachments: imaae001.12na imaae002.12na imaae003.12na imaae004.12na imaae005.12na imaae006.12na imaae007.12na imaae336537.12na imaae019851.12na imaae543591.12na imaae701698.12na imaae722301.12na imaae347576.12na image154714.pna Hi Mike, Totally agree. I'm copying Jim and Adam to prepare the agenda item for us. Thank you. We just agreed to the settlement so I need to see if the transaction is complete yet and the property has actually been conveyed to the City. I.`l "vf ni a:,r in " I I ��1 �vr (l s'�'�: � rrrl:+2 "failing A,,,, F.`'1 Box _.?10 ( Boynton IF ar:j, FI .i„a 25 _ F r1 i�,iri( Address: �00 I . `'1va rl Ave. ( IFo°vrrWrr 13ea:r1, Florida 3-3,43,5 ANE HE ll' in t.__� t.__. t.__" P:, be c,,, _,, that F c mad pi..iblirvr& onds law am, allir_ to rile via ernail may be `,i ib e.t_ oe.U'ndle:" Fl_ I,;a "e r 7.> law, email a,:,,:;' _ are pi bli reconak. The,,efOre, 1` iir rinai rc,,r1"1r11 rr1l aion aml voi.n e-mail a;hl _�, rn 1 be sib' v_ire p.bIv„I�v From: Simon, Michael Sent: Monday, August 24, 2020 12:51 PM To: LaVerriere, Lori <LaVerriereL@bbfl.us> Cc: Groff, Colin <GroffC@bbfl.us>; Shutt, Thuy<ShuttT@bbfl.us>; Mack, Andrew<MackA@bbfl.us>; Temple, Adam N. <TempleA@bbfl.us>; Utterback, Theresa <UtterbackT@bbfl.us> Subject: Request for transfer of City Owned Property: 1102 N. Federal Highway Hello Lori: As you may know, the CRA currently owns the property located at 1110 N. Federal Highway. This property happens to be adjacent to the City's recently acquired parcel located at 1102 N. Federal Highway, as described above (map included with letter). Within the last 30 days, the CRA has received two Letters of Interest for our property and it is more than conceivable that owning both parcels would produce two new projects at the same time or one larger project utilizing both properties together. For ease of property disposal to the public for redevelopment, it would be my recommendation that both of these properties are owned by the same entity. I am respectfully requesting your consideration of transferring the City's ownership of 1102 N. Federal highway to the Boynton Beach CRA (see attached formal letter). If supported, I would request that you present our property transfer request to the City Commission at their next available meeting. Thank you for your consideration and as always, it is a pleasure working with you and City staff on these smaller but very important redevelopment projects. .. ., t.. l o S �� .1 � ,. iS � http://www.boyntonbeachcra.com America's Gateway to the Gulfstream " ca c nuc a ��� �c��� u . 0 au nu. �n _ r�_ . uv� u . u ,o e .ir i �� ce « rre via car maybe subiecttodisc|osureUnder F|orida records |aw\ emai| addressesare pub|ic records Therefore, youre'mai| communication and youre'mai| address maybe subiectto pub|icdisc|osure, SECTION 5C ILLEGAL DUMPING MITIGATION Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application Illegal Dumping Site (Cottage District Assemblage) The Project site is approximately 4.2 acres of vacant property located between N.E. 4th and N.E. 5th Avenues and N. Seacrest Boulevard and N.E. 1st Street, Boynton Beach, Florida. The Project site lies within the BBCRA Heart of Boynton District boundaries and is identified in the BBCRA Plan as a priority residential site. Additionally, the property is also located in the PBC Qualified Opportunity Zone. For more information, see http://maps.co.palm-beach.f1.us/cwgis/?app=pbc interactive. The BBCRA has been assembling the properties for many years and have previously issued several RFPs for development proposals. Unfortunately, the lack of interest is due to the existing food pantry that was located at the southeast corner of the property (145 NE 4t" Avenue). On January 30, 2020, the BBCRA was successful in acquiring this property and demolish the existing extremely nonconforming structure. Due to the lack of investment and development activities during the land assemblage, the vacant parcels have been the perfect site for illegal dumping to occur. BBCRA staff has spent countless of hours and a lot of money hiring contractors to haul debris from the site. Attached are photos of the debris that have been dumped on the site on a monthly basis. The latest photos were taken on September 11, 2020. Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application Cottage District Assemblage MCRAa -astrllct �t I 7 Overall Cottage District Site 4� S g NW Corner of Site (September 11, 2020) Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application 1 n 4r r r Along North Property Line (September 11, 2020) t s. i m xi W - a s NE Corner of the Site (September 11, 2020) Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application k i 7 4+ a- Along South Property Line (September 11, 2020) �S it t 1 ,..,�14 k » li. t"ttk cF t1�Ui�S t1ki" tyt`•v i�.r� �Y t - iu �,�Iki•� c�J-k,� _ -."�fk,�,,�,�5 m �M�y��st ,�•k ;,. �y iY�Y ,t,�_,�Y7�4�i'k d�"�4�,4 �sv�4t�t�_ `�mt� i� �i i ttl� ehiti b F 4 k�r+�tt���att��s�� +"�� �'"� `� �tr ���. �rl�����K �k�i• �� t Nr'e Jury I'i-�1 ��y+ ���t 11�� � a Along East Property Line (September 11, 2020) Y 1 t � i t � siutr"' t?a. ! 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L k A. 1A,121 S y � Eos � m E 3€ P 4 n i L ffi a g ap $ E - _ FLORIDA P FENCE R E N T A L, ESTIMATE 2310 Date of Proposal: Thu Sep 10, 2020 Billing Address Job Site Boynton Beach Community Redevelopment Agency Cottage District 100 E Ocean Ave NE 4th Ave & NE 1 st St Boynton Beach, FL 33435-5233 Boynton Beach, FL UtterbackT@bbfl.us Qty Unit Description Rate Amount 2386 Linear Feet Install 6' Post Driven Fence $2.45 $5,845.70 2 Each Install 6x20 Double Swing Gate $245.00 $490.00 4 Each Install Single Wheel (Purchase) $30.00 $120.00 2416 Linear Feet Install 6'Windscreen (Purchase) $2.25 $5,436.00 ESTIMATED119 91.7 ESTIMATED32.42 ESTIMATED129724.12 ESTIMATE NOTES 12 Month Rental TERMS AND CONDITIONS Florida Fence Rental, Inc agrees to deliver and install the following rental fencing. All materials are the property of Florida Fence Rental, Inc. All materials are delivered and installed in good condition. The lessee assumes all responsibility for any material lost or damaged during the term of this agreement. The lessee will be billed for all materials that are damaged or lost at the current replacement cost at the time of removal. The standard rental period is described in the estimate notes. If the fence remains up longer than the rental period the total rental cost will be divided by the rental period and then the lessee willed be billed on a monthly bases thereafter. The original invoice includes the removal of the fencing. The fencing is billed on an actual unit cost installed basis. This proposal is based on a one-trip installation and one trip removal. The customer is reponsible for determining the layout of the fence prior to installation. If any additional trips are required they will be billed on an hourly basis. The customer is responsible for clearing the fence of all debris prior to pick up. First Install Minimum is$950.00. Minimum trip cost for repairs is$450.00. Quote is for standard insurance.Any additional insured or special forms may have an additional cost. There is no retainage on temporary fence. Fence is non-transferable unless agreed upon with Florida Fence Rental Inc. Transfers will incur a$300.00 fee payable by new lessee. Does not include Davis-Bacon wages. Customer is responsible for Permit. � tttttttttttt - Signature Date Florida Fence Rental Inc. 8491 NW 64th Street Miami, FL 33166 305-593-6149 kyle@carlsonfence.com If you have any concerns regarding any aspect of our quote, please call our office and share them with us. Created with mHelpDesk Fran: Utterback.Theresa m: 11 11 Thi,, Subject: Cottage District Dumping Date: Thursday,September 10,202011:46:10 AM Attadraents: ne001.unn ON nnn 003 nnn -004unn ce005.ono -006unn ce00]ono '00H nnn ne39RSfifinnn ce103579.ono ace436837.ono ace561678.ono ace571303.ono ne0RS6Jin ne94J391.n http://www.boyntonbeachcra.com 13 In 0 .__1 America's Gateway to the Gulfstream From:Nicklien,Bonnie<NicklhenB@bbfl.us, Sent:Monday,May 14,2018 11:35 AM To:Simon,Michael<SimonM@bbfl.us> Cc:Utterback,Theresa<UtterbackT@bbfl.us> Subject:FW:CRA Property Hey Mike, See below- Should I reach out to Bridges and Son regarding the dumping on Cottage District?I believe they are the ones who manage the Cottage District property.Please advise. America's Gateway to the Gulfstream From:Monestime,Davidson Sent:Monday,May 14,2018 11:25 AM To:Brown,Stephanie;Utterback,Theresa Cc:Nicklien,Bonnie Subject:RE:CRA Property No Problem,I'll get it on the list and see how we can help. Thank you loci America's Gateway to the Gulfstream From:Brown,Stephanie Sent:Monday,May 14,2018 11:17 AM To:Utterback,Theresa<tJtterbackTabbfl.us, Cc:Nicklien,Bonnie<Nickh nRaa hhfl_us>;Monestime,Davidson<M,nestimeDna hhfl_us> Subject:CRA Property Theresa- I think this is CRA Property at least according to PAPA.There is some bulk trash that has been left ironically under the no dumping sign on the property that I wanted to let you know about. There are some mattresses and other things that have been piled up there. ,��rt i�{�rfti(� hapsrrvrrv�rgaoglecom'-ria�3si�,acerh 'th Rse �osnton-&each, �-�n4�5 2ru3 "j�) Search '� ( 1(L1 'k;�,,. '�Stun�artlPutlscS I ir'� ( ��iyl� {rtht���� I����I� ,i�i'l�lt�ill4u�. tlr �h�i�ii �til� 4�,,�tl�i�tt��tct��i111�1)54�',,,m,�it�iliii��� `�1, 1{Hifi * BSSeaerestBGv... hda, Ur frl i i i r. „ i��, i a�, File Edit View Favorites Tools Help PEW,- Page Safety Tools ttf *;94% M ul sr u �{ rf�httr llmiaos co palm 6eachf@ usrc� o s�a�a ht-n 7�kva ue OSS ' 712J[J07fi934 �( Search. � � ��{ :'`�.r� File Edit View Favorites Tools Help f1 Page Safety Tools F DOROTHYJACK �p [eachE U.[VP,Rah ..P a� paye- `�n_.� Search try 0 ner.Address oQ Parcel ®®rrim� 0 Q tt \ V,e+.v Property Record ,�� �1s�0'�r'� - Owners Bo"rNrON MACH CEA Property details 546 N Sc-,CREST BLVD Y,EOYNTON REACH ? Ce 4-, 094343 1290O'00 1 fi3 l\l B OYNTd.AD7 rt}T©W','Y C1F Bo�Nr oN IN � itiVA�I sitAx� 144c �� 22236 r nE 1925 S.ir c—acr-zoos 7Ao N FEDERAL HWY BOYNT©N REACH F)33435 3s7a OC DO-VACANT Nw dtl A e y HE`Poth Av - A �ales Information '$ales Dale Price r 94% M Thanks, America's Gateway to the Gulfstream From: LtterbacbJ]euesa To: Shutt, [hua Subject: Fw:cottaeo/strictoumn/no Date: Thursday,September 1o'zozo11:4a:zoAm Attachments: ioage141026.12ng image940806.12ng image404197.12ng image788878.12ng imageO12828.12ng image653180.12ng image046034.12ng Theresa Utter Dev6opmentServ|resK4anaDer Boynton Beach [ommun|ty RedevdopmentADenry In" E, Ocean Ave, BoyntonBearh' Ror|da 33435 �— 5515000-90094 551737-3258 �� UtterbarkT(�bbf� us � 6�� http://www.boyntonbeachcra.com �� �� �� ��H ��� ��� ��, ��� ��, Annerica's Gateway to the Gulfstream Nease be adv|sed that Ror|da has a records avv and aH rorrespondenreto mev|a emaH maybe su�ectto d|sdosure Under Ror|da records avv' emaH addresses are records, Therefore'your e-maH rommun|rat|on andyoure-maH address maybetod|sdosure, From: Utterbaok,Theresa Sent: Monday,January 28, 2019 1:32 PM To: Derrick Bridges <dbridge18O8ggmai|.00m> Cc: Shutt, Thuy<ShuttT8gbbf|.us> Subject: Cottage District Dumping HiMr. Bridges: Please see below; if the furniture is still there tomorrow, please remove and let me know the cost. Will you be able to do it by tomorrow afternoon? Also, please check mAve. | think someone dumped a toilet. TH NE 4 Avenue & Seacrest. THANK YOU! i i U + I t it i h�i ll o +rlln l!C `{ �f;'1 ` ` N ki+�� 7, +M Nt } �r,i7 � f tk l d`t ( t + 1 r'. �� t I i,�r� _"''i ice, 'M..� '6 ,� t isNt sy'tt ' NPs ii ��..f�' From: Utterback,Theresa To: Shutt,Thuy Subject: FW: NE 5th Avenue&NE 1st Street Date: Thursday,September 10,2020 11:47:39 AM Attachments: imaae649029.pna imaae649863.12na imaae228447.pna imaae896996.12na imaae878379.pna imaae512432.12na imaae599755.pna Ther,,, U`ttevback �Jevelopment Services "v a rl , Bo,jr ton Bears C rnrrir ni 1 ReJeveloprnent Agee y T001 E. '1 u._a n Ave. ( 1so`vr ton 13savh, FI_r i, 5 j Vi-ViJJ JJ J=' Vi- 5,8 -, L b r<T,-,bbflL� s http://www.boyntonbeachcra.com America's Gateway to the Gulfstream P:, _ c,,, _,, that Flo6da hamad pi..iblirv & onds law am, all ir_ e_,P_n,len _to me via ernail may be ib e.T_to e.U'ndler FluI,;a "e r 7; law, 2rnail a,:,,:;° _ aibliv _uondk. The,,efOre, !` iir mail iorr m rr1l aion aml voi.n e-mail aH` _�, r"i 1 be sib v_ire p.bIv„I�v From: Utterback, Theresa Sent: Tuesday,June 11, 2019 5:08 PM To: David Vincent<david@vandslandscaping.com> Cc: Shutt, Thuy<ShuttT@bbfl.us>; Mack, Andrew<MackA@bbfl.us>; Michael Simon <simonm@bbfl.us> Subject: NE 5th Avenue & NE 1st Street Hi David, Thuy went down NE 5th Avenue and took pictures of some illegal dumping. Can your guys go by and remove sometime tomorrow? Thank you, Theresa NE 5th Avenue facing east. i v w v r s NE 1St Street facing south. 1, I ��- rt 5 r( � ;r r r 17fs1tt YS4 �t ��ti Y t L t t} i is - t - Ut ,1 r t?c M1r� iti J O O ' xx i � Q }lb +r L!1 W to r � i st r A to r .a x 3 , r w T \ ��III tit_ i t^ SAN t } G SECTION 6 Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application 6. How Wfill the Prc�iect be Maintained? As previously mentioned, the BBCRA employs a full-time Development Services Manager, Ms. Theresa Utterback, whose primary job is to procure services and manage all activities needed to rehabilitate/renovate and maintain all BBCRA-owned properties. In addition, the BBCRA also contracted with Vincent and Sons Landscaping, Inc. for property and lawn maintenance services for CRA-owned properties (see attached executed contract and change orders in link below). All services have been previously procured in accordance with the BBCRA's procurement policy. The BBCRA recently exercised its option to renew the contract on May 12, 2020 (see following link for more information https://boyntonbeach.novusagenda.com/agendapublic/ CoverS heet.aspx?Item I D=7336& MeetinglD=312). This will ensure that the property maintenance will not be interrupted. The BBCRA will issue an ITB for this service to ensure that property maintenance will not be interrupted prior to contract expiration on June 30, 2021. Ms. Utterback and Assistant Director, Ms. Thuy Shutt, will be the CRA's representatives for the SWA Blighted and Distressed Property Clean-Up and Beautification Grant Program. As previously mentioned, Ms. Shutt will be overseeing the administrative components of the grant, but the daily implementer will be Ms. Utterback through the BBCRA's contractors. Successful revitalization and redevelopment do not stop at the brick and mortar activities. Ongoing maintenance needs to be considered to protect the public and private investments within the entire BBCRA District not just on BBCRA-owned properties. The BBCRA will continue to commit its resources and employ best management practices on a regular basis to achieve the highest standard of care and the most efficient fiscal management. SECTION 7 Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application 7. Prc�iect Budget The attached project budget does not consider the BBCRA's previous land assemblages or the BBCRA's contribution to the property maintenance of other BBCRA-owned properties along the corridor. Detailed cost estimates for the demolition and fencing as well as other support documentation are attached for review. An asbestos survey and building inspection were performed during the due diligence period by the BBCRA for the 411 E. Boynton Beach Boulevard building. The asbestos report indicates no asbestos was detected in amounts greater than 1% in the secured bulk samples so abatement will not be required. Since access to the 1102 N. Federal Highway property cannot be obtained at time of grant application for the asbestos survey to be performed, the BBCRA has submitted an estimate for the adjacent 1110 N. Federal Highway abatement as a comparable building plus a 3% cost escalation per year for two years since 2018. The asbestos abatement, if required, shall be done through a request for quotes process in compliance with the City's procurement requirements. The BBCRA will pay for any cost that will exceed the requested funding since bid prices and the proposing contractors' and environmental consultant's availability may be subject to change without an executed contract. Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application CD 0 0 0 i d CrOO C'7 N N N COC.fl d U Ca +� O O O O O O O O 0 W i <A> <.1:3 � 7 COCU CO -M O O O O -C3 7 H O O O O2 iO CCU � Cn R COO COO i= 0 0 Ncfy- Ncfy- CO CI) U E k O O O O COLO CZ3 CZ3 LO CO U C'7 O C'7 U t CID, mtl-- � U R U -C3 i= U O O O O Cn O O O O U O Q ti N � CO CnCn F CD 0-) I` C'7 w O N N N C�fl � <-A CO Ca n CaCm CO x O Cn E i d o p CO C) CI) Cn U R O Q = -- CI) 0 t C6 LO H (n E +-- UC) 0Q Cn U U O CZ3O � OU U) X N N O U "- iv H Cig M O Ca Z3 0 d LN (n i= CO CO C COCO CO CO -C:5 i� O O � ; i? = Ca -C3 O O C'7 CA (n U) CO U) Cll CI` C� O ~--' '� U) U CCC rn o a U a) � s? p CO = n ffo °) R CDCa O y i? U Cm O O Q -C3 0 0 Ca CO = U 7 E U C3 x U U N _� -C3 7C3 E- CL) U) O CO "� CO iL U O E U S= Ca m Cn U O U E -C3 -C3 S= U > O s= - CO >+ o Q * LL CO C -• U) m — Cn C= v cv C9 03 m � Cn oCO CO) > Q cL o 0 d � U Cn CO U ' p C) O Cv -M s= a) U C) >, CO — CO to CO) m CO R C) -C, p Cn C'.2 Zi CT E Ca = CO OL = V + U -= +r U > CO C7> C..) CO COJffCO Ll U C> R = i= •� i O Cn � UCS � m i O Ll 7 D CD — Cn � �CO U d _ C= R •O CO Z (U� E -MCm CO CO Q O ` DI SECTION 8A Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application 8?a. 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BBCRIAFY202.0-21 Budget and Resolution (E.'YcercA,,,s of grant items only and BBCRIA Prc�ject Map RESOLUTION NO: R20-04 RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ADOPTING A BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2020 TO SEPTEMBER 30, 2021, AND PROVIDING AN EFFECTIVE DATE. WITNESSETH: WHEREAS, the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (BBCRA), in order to implement its Community Redevelopment Plan and provide for its operating expenses, has prepared a Budget for the Fiscal Year beginning October 1, 2020 and ending September 30, 2021, attached hereto as Exhibit "I"; and WHEREAS, the Board has determined that said Budget is in the public's interest and is necessary to implement the BBCRA's goals and objectives. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Budget attached hereto as Exhibit "I" for financial operations of the Boynton Beach Community Redevelopment Agency for the period from October 1, 2020 through September 30, 2021 is hereby adopted. 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 8th day of September, 2020. BOYNTON BEACH COMMUNITY REDEVFf+ OP N GENCY By- 48 even B. Grant, air S. Grant ,.�'` J. Katz W. Hay T. Penserga C. Romelus 00559570.9 r V M O V M O M O O N N O M M � fA fA fA fA fA fA fA fA V O O V O V O O M " N } O) O M M N M N LL � N W N O W CO CO O N CO N >- 0 M M N M LL N O N O M M O CO O ap N LL O Cl O O O M r N O N ' O) O) O ' ' ' ' O) (o N LL CO O IG O) c0 r O r � O M N (p I� O � O N O � M O O) N N r O O) O) co O r CO O M N N W LL I� O N V CO O m CO M O N N N O N V M O) N LL co N O N CO O O O) M O) N N O N N LL M N O N M I� O N CO r fp N I� O O N O V V CO 00 LL co O oo co co co O � m O � O O m m O N N O rN O N N I� O � � � O M c0 N M O O c0 P' O) O O V N O M N V CO O N N O N LL NO O N N c0 O O: O O O O O O O N Qn O O N LO W O' O O O O O O O r O O I� r N O: LO LO I- CO O N O O N CO 0) M O' N I� N CO O 00 SCJ SCJ O r Lac0 O'. 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MA > 2 2 Fo G ol 10 am ca to w co m IL T - 5 g g g g ; -, -, 1 g L, -0 u 0 16 e I t; a,5 i t; j _5 t; t; Z '5 t5 t 18 s It O a 0 0 M x 0 a a D' a a Z x a x 1 0 ca L-A', 4 2 -t, 01 1 '1 , , .1 .1 ol , , --!L-TL I wli , I Boynton Beach CRA Project Fund - Bud et Summa 2020-2021 FY 2019-2020 2019-2020 vs.Prior Year Original I Amended Increase/Decrease FUNDING SOURCES Budget Budget Bud et I Amount % 1.Rollover FY 2019-2020(see Budget Overview) $ 3,301,948 $ - $ - $ 3,301,948 N/A 2.Transfers in from General Fund $ Other Financing Sources/TransfersIn $ 9,966,300 $ 8,667,613 $ 9,553,549 $ 412,751 4% 3.Other Revenue/Financin Sources: $ - 1.Budget Amendment#1 3/10/2020 $ 885,936 Total Funding Sources/Revenues&Transfers In $13,268,248 $ 8,667,613 $ 10,439,485 $ 3,714,699 36% 2020.2021 FY 2019-2020 2019-2020 vs.Prior Year Original Amended Increase/Decrease EXPENSES Budget Bud et Budget Amount % Professional&Other Expenses Contingency $ 280,000 $ 100,000 $ 100,000 $ 180,000 180% Professional Services $ 117,100 $ 204,979 $ 204,979 $ (87,879) -43% Legal Services $ 125,000 $ 125,000 $ 125,000 $ - 0% Sub-Total $ 522,100 $ 429,979 $ 429,979 $ 92,121 21% Capital Outlav Property Purchases $ 2,389,136 $ 475,000 $ 475,000 $ 1,914,136 403% BWCC Grant Match $ 238,525 $ 190,000 $ 190,000 $ 48,525 26% Site Work&Demolition Fees 1tSO;239 $ 66,315 $ 66,315 $ 33,924 51% Infrastructure&Streetscape $ 7,508,686 $ 5,577,732 $ 5,577,732 $ 1,930,954 35% Sub-Total $10,236,586 $ 6,309,047 $ 6,309,047 $ 3,927,539 62% Economic Development&Housing Rehab Program Economic Development Grant Programs $ 522,113 $ 377,000 $ 948,000 $ (425,887) -45% Marketing Program $ 73,726 $ 68,350 $ 68,350 $ 5,376 8% DIFA-Economic Development $ 1,081,100 $ 1,632,000 $ 1,632,000 $ (550,900) -34% Sub-Total $ 1,676,939 $ 2,077,350 $ 2,648,350 $ (971,411) -37% Projects&Programs Clean&Safe Program(Clean,Police,Code) $ 529,000 $ 370,000 $ 370,000 $ 159,000 43% Business Promotional Events $ 303,623 $ 549,000 $ 549,000 $ (245,377) -45% Sub-Total $ 832,623 $ 919,000 $ 919,000 $ (86,377) -9% Total Project Fund Expenses $13,268,248 $ 9,735,376 $ 10,306,376 $ 2,961,872 29% Project Fund CAPITAL OUTLAY-02-58200 FY 2020-2021 F FY 2019-2020 Original Amended Change Incl Decr SUMMARY Bud et Bud et Bud et Amount 401 PROPERTY PURCHASES $ 2,389,136 $ 766,435 $ 730,915 $ 1,658,221 227% 404 CONSTRUCTION IN PROGRESS $ 238,525' $ 200,000 $ 270,000 $ (31,475) -12% 405 SITE WORK&DEMOLITION FEES $ 100,2391 $ 73,957 $ 73,957 $ 26,282 36% 406 INFRASTRUCTURE&STREETSCAPE $ 7,508,686 $ 5,406,670 $ 5,599,382 $ 1,909,304 34% Total $10,236,586 $ 6,447,062 $ 6,674,254 $ 3,562,332 53% Funding Source DETAIL Rollover FY 20-21 401 PROPERTY PURCHASES $ 2,389,136 $ 475,830 $ 730,915 Property Purchases $ 784,136 $ 475,830 $ 730,915 $ 200,605 $ 583,531 401-411 N BB Blvd Acquisition $ 280,000 $ - $ - $ - $ 280,000 209 N Seacrest Blvd Acquisition $ 1,325,000 $ - $ - $ - $ 1,325,000 404 CONSTRUCTION IN PROGRESS $ 238,525 $ 200,000 $ 270,000 Woman's Club-Capital Improvements &Renovations $ 238,525 a $ 200,000 $ 238,525 $ 238,525 $ - 405 SITE WORK&DEMOLITION 41 It 249 $ 183,888 $ 183,888 Site Work&Demolition $ 100,239 $ 183,888 $ 183,888 $ 37,861 $ 62,378 406 INFRASTRUCTURE&STREETSCAPE $ 7,508,686 $ 7,152,925 $ 7,114,588 Town S uare Project $ 3,700,000 $ 3,700,000 $ 3,700,000 $ - $ 3,700,000 MLK Corridor Redevelopment,CRA Pro eq plus$25,000 NOP Office $ 1,217,881 $ 1,924,363 $ 1,924,363 $ 1,192,881 $ 25,000 BB Boulevard Streetscape Improvement Project(Match$for Future Grants $ 868,580 $ 500,000 $ 500,000 $ 250,000 $ 618,580 MLK Jr.Blvd Corridor(Centennial Project Government Match $ 625,750_ $ - $ - $ - $ 625,750 NE 3rd Street Roadway Improvement Project $ 100,000 $ 500,000 $ 500,000 $ 100,000 $ - Financial Assistance for Development of PBC Housiny Authority Lots $ 500,000 $ 100,000 $ ___- 100,000 $ 100,000 $ 400,000 Cottage District Project $ 385,825 $ 428,562 $ 390,225 $ 385,825 $ - Sara Sims Theater $ 50,000 $ $ - $ - $ 50,000 Sustainabili Tree Canopy $ 60,650 $ - $ - $ -_ 20,000 $ 40,650 Future Development Projects $ - $ 878,812 $ 945,000 $ - $ - $ 2,525,697 $ 7,710,889 Notes: Increases due to Town Square Project (a) Credit given for SWA Grant $30MM MLK CORRIDOR PROJECT CRA PROJECT 136 UNITS&RETAIL �� a l� ` � ���� , $ i! a 3MM MODEL BLOCK t 10 SINGLE FAMILY HOMES CITY/CRA PROJECT r ; 'dm � _ r sp4�rtera,.utl� r Kirt ;Jr.LlvdM�arUerL.ratJ'sr Kli Jr,Jluct rt�n L.eIU~crK4r5 ,lie DIS $26MM OCEAN BREEZE EAST ( _ CRA PROJECT 123 UNITS t $2MM SARA SIMS PARK + ' CITY/CRA PROJECT $8MM OCEAN x a BREEZE WEST � - 21 SINGLE FAMILY CRA PROJECT—COTTAGE DISTRICT 4 HOMES 4.4123 ACRES SINGLE FAMILY WORKFORCE HOUSING pp 't I i Jill I $300MM TOWN SQUARE q CITY/CRA PROJECT 16.5 ACRES PUBLIC PRIVATE PARTNERSHIP 7 +I ` , Boynton Beach CRA 2021 SWA Blighted and Distressed Property Demolition Application Clean-up and Beautification Grant Application 8'c. BBCRIA 2019 Annual Report The BBCRA 2019 Annual Report may be viewed from the following link: https:ZZcatchboynton.comZimagesZPDF FilesZBBCRA 2018-19 Annual Report.pdf From: Mariana Feldpausch To: Shutt,Thuy Cc: SWA Legal Counsel; Phil Mugavero Subject: FY2021 Blighted and Distressed Property Clean-up and Beautification Grant Date: Tuesday,October 27, 2020 3:52:07 PM Attachments: Boynton Beach CRA Draft ILA 3.docx Good Afternoon, On Wednesday, October 14,2020, the SWA held its Board Meeting& approved your grant project application for funding. We would appreciate your attorney reviewing the DRAFT copy of the Interlocal Agreement (ILA) provided in the above attachment. Please submit approval of the DRAFT copy of the ILA by Friday, November 6th Hope you have a great rest of week, M awi a yv FP.WG>Lud v CIS Operations Manager Solid Waste Authority of PBC 7501 N Jog Road West Palm Beach, FL 33412 Ph: 561-640-4741 Cell: 561-319-8361 Please note: Florida has a very broad public records law. Most communications to or from the Solid Waste Authority are considered to be public records and will be made available to the public and the media upon request. Therefore,your e-mail message may be subject to public disclosure. WE' SOLID WASTE AUTHORITY BOARD REGULAR MEETING OCTOBER 14,2020 9:00 AM I L0 CAC Recommendations Item 4 CAC Mtuites Item 9.A.2:EBO Report SOLID WASTE AUTHORITY 7501 N.JOG ROAD,AUDITORIUM WEST PALM BEACH,FLORIDA 33412 www.swa.org 1. CALL TO ORDER ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE 2. AGENDA: Additions/Deletions Revised Memo: Item 9.A.2: EBO Annual Report FY 2019. --Supplemental Report [Page 3,Table Revised] 3. MINUTES: August 26,2020 [Approve] 4. MINUTES: Citizens'Advisory Committee October 7,2020 [Receive&File] 5. RECOMMENDED CONSENT AGENDA a. Solid Waste Management Facility Permit: The Bushel Stop—Jupiter Yard Recommendation: Approve renewal of Operation Permit BJ 0073 TS10 to The Bushel Stop—Jupiter Yard for a Yard Trash Transfer Station through October 31,2021. CAC Recommendation: Support staff's recommendation. b. Designated Facility Authorization for Waste Connections of Florida, Inc. (WCF)facility known as Deerfield Beach Recycling&Transfer in Broward County,Florida Recommendation: Authorize Executive Director to renew the Designated Facility Authorization allowing for the recycling of Palm Beach County Construction and Demolition (C/D) Debris at Deerfield Beach Recycling & Transfer facility in Broward County, Florida, effective through October 31,2021. CAC Recommendation: Support staff's recommendation. Page 1 Solid Waste Authority Board Meeting October 14,2020 5. RECOMMENDED CONSENT AGENDA (continued) c. Uniform Contract Renewal Recommendation: Authorize Executive Director to enter into a Cooperative Purchase Contract with Unifirst Corporation for a four-year period with the option to extend an additional one year,subject to legal sufficiency approval by General Counsel. CAC Recommendation: Support staff's recommendation. 6. MATTERS BY THE PUBLIC Anyone wishing to address the Board should complete a Request Card furnished on the Agenda table. Upon completion, please pass to the Clerk BEFORE the beginning of the meeting. Thank you for your cooperation. 7. PUBLIC HEARING/WORKSHOP None. 8. OLD BUSINESS (POSTPONED ITEMS) None. 9. NEW BUSINESS A. EXECUTIVE DIRECTOR (D.Pellowitz) 1. Revision to the Small Business Advisory Committee's(SBAC)Rules and Procedures Recommendation: 1) Approve revised SBAC Rules and Procedures to reflect that members must reside in Palm Beach County. 2) Approve SBAC At-Large appointment of Ms. Angeleta Gray. CAC Recommendation: Support staff's recommendation. 2. Equal Business Opportunity Program Annual Report FY 2019—Supplemental Report Recommendation: Receive and file. CAC Recommendation: No action required y CAC. Page 2 Solid Waste Authority Board Meeting October 14,2020 9. NEW BUSINESS (continued) B. LEGAL COUNSEL (Howard Falcon,Attorney) None. C. OPERATIONS FIELD SERVICES AND UTILITIES (Patrick Carroll,Chiel) None. D. CUSTOMER INFORMATION SERVICES (John Archambo,Director) 1. Extraordinary Rate Increase for Service Area 1 Recommendation: Approve a one-time payment of$123,192.06 to Waste Pro of Florida for extraordinary costs in Service Area 1 from March 1,2020 to June 30,2020. CAC Recommendation: Support staffs recommendation. 2. Extraordinary Rate Increase for Service Area 6 Recommendation: Approve a one-time payment of$13,714.87 to Goode Companies,Inc.for extraordinary costs in Service Area 6 from March 1,2020 to March 31,2021. CAC Recommendation: Support staffs recommendation. 3. 2021 Blighted and Distressed Property Cleanup and Beautification Grant Award Recommendation: Seek Board direction. CAC Recommendation: Support staff's recommendation. E. ENGINEERING AND CONSTRUCTION SERVICES (Ramana Kari,Chiel) None. F. PLANNING&ENVIRONMENTAL PROGRAMS (Mary Beth Morrison,Director) 1. Environmental Crimes Unit—Status Report(May-August 2020) Recommendation: Presentation. CAC Recommendation: No action required by CAC. Page 3 Solid Waste Authority Board Meeting October 14,2020 9. NEW BUSINESS (continued) G. FINANCIAL MANAGEMENT SERVICES (Paul Dumars,Chief) None. 10. OTHER SCHEDULED MATTERS 11. COMMENTS BY GENERAL COUNSEL 12. COMMENTS BY AUTHORITY STAFF 13. COMMENTS BY THE BOARD Vice Mayor Robert S.Weinroth,Chair Commissioner Gregg Weiss,Vice Chair Commissioner Mack Bernard, Secretary Commissioner Hal Valeche,Member Mayor Dave Kerner,Member Commissioner Mary Lou Berger,Member Commissioner Melissa McKinlay,Member 14. CONFIRMATION OF MEETING DATES Wednesday,December 9,2020 at 9:00 AM-Regular Meeting "If any interested person desires to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing, such interested person will need a record of the proceedings, and for such purposes may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based." (F.S.268.0105) In accordance with the Americans with Disabilities Act and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Willie Puz, Director of Public Affairs, at(561)640-8914 at least three business days prior to the proceeding(whenever possible)to request such accommodation. Page 4 YOUR PARTNER FOR SOLID WASTE SOLUTIONS September 23, 2020 MEMORANDUM TO: Vice Mayor Robert S. Weinroth, Chair and Solid Waste Authority Board Members SUBJECT: 2021 Blighted and Distressed Property Cleanup and Beautification Grant Award RECOMMENDATION: Seek Board Direction BACKGROUND: Now in its sixth year, the SWA Blighted and Distressed Property Cleanup and Beautification Grant made possible by funds from the supplemental waste project has awarded a total of $3,504,528.50 to our governmental partners to reduce blighted areas throughout the county. In August, 2020, the Board approved $750,000.00 for the 2021 Blighted and Distressed Property Cleanup and Beautification Grant. We received seven (8) applications from six (7) municipalities and CRAs totaling $749,035.00. Staff has performed a review of the applications, and it is their opinion that all of the projects meet the criteria. Two properties in Boynton Beach CRA's project are currently in transition of ownership. Boynton Beach CRA has provided documentation of these ongoing processes. Should the Board direct, staff can add language to make release of grant funds contingent on finalization of government ownership of the two properties. Since total funds requested is $965.00 below the amount allocated for the 2021 Blighted and Distressed Property Cleanup and Beautification Grant cycle all submitted projects can be funded. Staff requests that the Board review the grant applications and identify which projects it wishes to fund this year. Staff will be available to assist in the deliberations as requested and to answer questions. 7501 North Jog Road,West Palm Beach,Florida 33412 (561)640-4000 FAX(561)640-3400 . Vice Mayor Robert S. Weinroth, Chair and Solid Waste Authority Board Members September 23, 2020 Page 2 BUDGET IMPACT: Sufficient funds budgeted in the FY 2021 budget. ATTACHMENTS: 2021 Blighted and Distressed Property Cleanup and Beautification Grant Overview REVIEWS: Director: Date: Director of Contract Compliance: , Date; 1, Chief Officer: Date:. Chief Finance Offi'c (as required) , Date; 'Z Legal Counsel: (as required) Date: Executive Director: , Date, l 2021 BLIGHTED AND DISTRESSED PROPERTY CLEAN-UP AND BEAUTIFICATION GRANT OVERVIEW 1. Town of Haverhill Briarwood Neighborhood Wall Grant amount requested: $29,525.00/Total Project Cost: $35,525.00/ Cost-Share: $6,000.00 Project: Removal of existing derelict fence, accumulated trash and miscellaneous debris, and invasive vegetation along landscaped right of way located at South end of Briarwood neighborhood. Following completion of removal portion of project Town will install custom precast concrete broken brick fence providing a buffer and blocking off the Orleans Court neighborhood. Review Findings: Project meets the grant criteria. Previous Grants Allocated: Not applicable. 2. Villa-e of Palm 812rings Construction of Pedestrian Pathway Grant amount requested: $122,068.00/Total Project Cost: $276,273.00/Cost-Share: $154,205.00 Project: The upgrade of the Village's existing (and some cases non-existing) connection system that will link each of the Village's park facilities. Project will include but is not limited to removal of cracked and damaged sidewalk, construction and installation of paver bricks at crosswalk areas, ADA detectable warnings, trailhead and directional signing and sodding. Review Findings: Project meets the grant criteria. Previous Grants Allocated: 2020 -$71,864.45. 3. Lake Worth CRA Restoration of Blighted Structure at 1213 Lake Avenue Grant amount requested: $108,800.00/Total Project Cost: $335,595.00/Cost-Share: $226,795.00 Project: Restoration of two-story abandoned building ravaged by fire 15years ago. Restoration efforts will include but are not limited to weatherproofing, installation of new rough utility services and hardening the exterior structure at 1213 Lake Avenue. The intent of the CRA is to bring the building back up to modern day standards and eventually use the space for community services such as afterschool services for at-risk youths. Review Findings: Project meets the grant criteria. Previous Grants Allocated: 2016—72,700.00; 2017 -$48,650.00; 2020 -$16,780.00; totaling - $138,130.00. 4. Lake Worth CRA Demolition of 6 Structures in Downtown Lake Worth Grant Amount Requested: $80,000.00/Total Project Cost: $136,875.00/Cost-Share: $56,875.00 Project: Complete demolition of four(4) abandoned buildings and one (1) blighted structure that has been declared as structurally unsafe in the downtown Lake Worth area. Review Findings: Project meets the grant criteria. Previous Grants Allocated: 2016—72,700.00; 2017 -$48,650.00; 2020 -$16,780.00; totaling - $138,130.00. Page 1 2021 BLIGHTED AND DISTRESSED PROPERTY CLEAN-UP AND BEAUTIFICATION GRANT OVERVIEW 5. City of Belle Glade Old Water Tower Demolition Grant Amount Requested: $90,500.00/Total Project Cost: $112,693.00/Cost-Share: $22,193.00 Project: Demolish, recycle, haul and dispose of all remaining structures and debris from premises and clean site to minimize both blighted conditions and liability risks. Review Findings: Project meets the grant criteria. Previous Grants Allocated: 2016—$107,445.00; 2017 -$62,687.00; 2018 -$15,461.00; 2019 - $106,063.00; totaling -$291,656.00. 6. 13oynton Beach QM Demolition Grant Amount Requested: $65,342.00/Total Project Cost: $1,252,090.00/Cost-Share: $1,186,748.00` Project: Demolish two (2) structures and install a perimeter fence at the 4.2 acre properties known as the Cottage District. 'Structures are located at 411 East Baynton Beach Boulevard and 1102 North Federal Highway, both properties are in the process of being acquired by the Boynton Beach CRA. Review findings: Project meets the grant criteria. Previous Grants Allocated: 2016 -$62,310.00; 2017 -$73,550.75; 2019 -$77,050.00; 2018— 16,000.00; 2020—$95,450.00 totaling -$324,360.75. 7. Delray Beach CRA Blight Prevention & Beautification Grant Amount Requested: $52,800.00 Total Project Cost: $52,800.00/Cost-Share: None Project: Removing sixteen (16) dead or dying foxtail palm trees and replace them with new, lower maintenance palms at 46 South West 9th Avenue. Landscaping and hardscaping to enhance and beautify publicly accessible courtyard area at 20-22 North Swinton Avenue. Review Findings: Project meets the grant criteria. Previous Grants Allocated: 2016 -$51,701.00; 2016 -$63,200.00 relinquished $52,220.00 of total grant; 2017 -$70,779.00; 2017 -$60,000.00 relinquished $22,958.15 of total grant; 2018 - $54,058.38; 2018 -$135,149.87 relinquished $5,735.21 of total grant; 2019 -$130,446.25; totaling -$565,334.50. 8. City of Pahoee Proect 647 Demolition Grant Amount Requested: $200,000.00/Total Project Cost: $200,000.00/Cost-Share: None Project: Demolish sole building, remove all sidewalks, walkways, vaults, light poles, equipment pads and all other debris from 647 Bacom Point Road property. Install new fence along property once all demolition has been completed. Review Findings: Project meets the grant criteria. Previous Grants Allocated: 2017 -599,200.00; 2019 -$365,000.00; 2020 -$300,000.00; totaling -$1,264,200.00. k ` Page t" Page 2 INTERLOCAL GRANT AGREEMENT BY AND BETWEEN BOYNTON BEACH CRA AND SOLID WASTE AUTHORITY OF PALM BEACH COUNTY (Blighted and Distressed Property Clean-Up and Beautification Grant) THIS INTERLOCAL GRANT AGREEMENT ("the Grant Agreement") is made and entered into this day of , 2020,by and between the Solid Waste Authority of Palm Beach County, a dependent special district created pursuant to Chapter 2001-331,Laws of Florida, as amended, hereinafter (the "Authority") and Boynton Beach CRA, a public agency created pursuant to Chapter 163, Part III, Florida Statutes, hereinafter (the "Applicant"), by and through its duly authorized Board. WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the !needs and development of local communities; and WHEREAS,the Authority's Governing Board has appropriated in the Authority's adopted 2020/2021 'fiscal year budget funds for Blighted and Distressed Property Clean-up and Beautification Grants; and WHEREAS, this Interlocal Grant Agreement is intended to assist in the cleanup and beautification of distressed, blighted, or otherwise impacted public properties within both the unincorporated and incorporated areas of Palm Beach County; and WHEREAS, this Grant is provided as an incentive to improve the quality of life and provide a safer, healthier and more aesthetically pleasing environment for the residents of Palm Beach County; and WHEREAS, the Applicant currently owns and controls these properties that are the subject of this Interlocal Grant Agreement located within the Boynton Beach CRA boundaries and identified by Parcel Control Nos. 08-43-45-21-28-001-0010, 08-43-45-21-28-001-0020, 08- 43-45-21-28-001-0031, 08-43-45-21-28-001-0041, 08-43-45-21-28-001-0061, 08-43-45-21-28- 001-0071, 08-43-45-21-29-003-0011, 08-43-45-21-29-003-0013, 08-43-45-21-29-003-0012, 08- 43-45-21-29-003-0014, 08-43-45-21-29-003-0032, 08-43-45-21-29-003-0020, 08-43-45-21-29- 01389559-1 1 003-0034, 08-43-45-21-29-003-0041, 08-43-45-21-29-003-0033, 08-43-45-21-29-003-0051, 08- 43-45-21-29-003-0081, 08-43-45-21-29-003-007 land referred to hereinafter as (the"Property"); and WHEREAS, the Applicant has a contract to purchase or transfer ownership of two additional properties located within the Boynton Beach CRA boundaries, which are identified by Parcel Control Nos. 08-43-45-21-18-000-0040 and 08-43-45-21-32-002-0201, and which shall become a part of the Property upon closing of the sale to Applicant; and WHEREAS,the Property is in a state of disrepair,is visible to the surrounding community, and attracts nuisances, including illegal dumping, littering and criminal activity to the detriment of the surrounding community; and WHEREAS, the Applicant wishes to demolish two (2) structures and install a perimeter fence around 4.2 acres property (the "Project"); and WHEREAS, the Authority is the agency responsible for providing solid waste disposal and recycling programs for Palm Beach County and desires to assist the Applicant by defraying the cost of the demolition, disposal and hauling, and improvement activities associated with the Project through the provision of the Grant; NOW, THEREFORE, in:consideration of the mutual terms, conditions, promises, covenants, and obligations set forth herein, the Authority and Applicant agree as follows: 1. Incorporation of Facts The facts and background set forth above in the Preamble to this Agreement are true and correct and incorporated into and made apart of this Grant Agreement. 2. Purpose The purpose of this Grant Agreement is to set forth the respective duties, rights and obligations of the partiesrelating to the Authority's provision of this Grant and the Applicant's performance of the Project. 3. Contract Representatives and Monitors The Authority's Contract Representative and Monitor during the execution of the Project shall be John Archambo,Director of Customer Relations, or his designee, whose telephone number is (561) 697-2700. The Applicant's Contract Representative and Monitor shall be Thuy Shutt, whose telephone number is (561) 600-9098. 4. The Project For the Project, the Applicant will be responsible for: A. Demolishing two(2) structures located at 411 East Boynton Beach Boulevard and 1102 01389559-1 2 North Federal Highway. B. Installing a perimeter fence at the 4.2 acres properties known as the Cottage District. 5. Effective Date and Term This Grant Agreement shall take effect upon execution by the parties and shall remain in full force and effect until December 1, 2021. 6. Conduct of the Project A. The Applicant shall be solely responsible for all aspects of the Project, including but not limited to securing funding, securing all permits and approvals,procuring all labor and materials, and maintaining the Property consistent with the intent of this Grant Agreement for its full term. B. The Applicant agrees to comply with all applicable local, state and Federal laws, rules and regulations. C. The Authority shall only, without exception, be responsible for providing the Grant funding in the amounts and upon the Project milestones identified herein. D. Applicant agrees that it shall endeavor to complete the Project within 12 months from the date of execution of this Grant Agreement. The Applicant may request an extension(s) beyond this period for the purpose of completing the Project. The Authority agrees that it may not unreasonably refuse Applicant's request for an extension(s) as long as the Applicant is diligently pursuing the completion of the Project. Requests for extension and acceptances thereof may be agreed to through email correspondence. E. " Prior to commencement of the Project, Applicant shall submit a final project schedule to include starting and completion dates. The Authority shall review all documents within five (5) business days of receipt. If the Authority does not respond within the five (5) day period, then the Applicant may proceed as if the Authority had no comments or objections. 7. Funding The Authority shall disburse Grant funds in the amount of$ 65,342.00 as follows: A. Upon execution of this Grant Agreement and Applicant having provided to Authority recorded evidence of Applicant's ownership of fee simple title to all Properties that are the subject of this Grant, the Authority shall disburse to Applicant a check equal to 50% of the total Grant award. B. Upon Project completion and verification by the Authority, the remaining 50% of total Grant award shall be disbursed within 20 days of written request by Applicant. 01389559-1 3 Applicant is solely responsible for providing all other funds necessary to complete the Project. The Authority shall not have an obligation to provide additional funding beyond the dollar amount set forth in this Grant Agreement. 8. Ownership and Maintenance of the Project Applicant hereby represents and warrants that it is the fee simple owner of the Property and that the Property is unencumbered and free and clear of other interests, of any type or character. In the event any liens or encumbrances are filed or recorded against the Property, the Applicant shall immediately take all necessary steps, at its sole cost and expense, to clear and remove all such liens, interests or encumbrances. The Applicant represents and warrants that it has full legal authority to enter into this Grant Agreement. The Applicant further warrants that it has the financial ability to maintain the Property as specifically intended and required under this Grant Agreement. A. The Applicant shall be solely responsible for all necessary costs, expenses, fees, charges, and all other liabilities of any type related to the execution and maintenance of the Project consistent with the intent of this Grant Agreement. B. The Applicant shall maintain the Property for the entire duration of this Grant Agreement in order to prevent the Property from reverting back to its previous state. In its application, Applicant provided a plan for maintaining the Property consistent with the intent of this Grant Agreement and the Applicant will faithfully execute that plan. C. The rights and duties arising under this Grant Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. However,this Grant Agreement shall not be assigned without the prior written consent of the Authority, and any such assignment without the prior written consent of the Authority shall constitute grounds for termination of this Grant Agreement for cause. 9. Access and Audit Each party will maintain all books,records, accounts, and reports associated with this Grant Agreement for a period of not less than five (5) years after the later of the date of termination or expiration of this Grant Agreement. All said records will be available to the other upon request. In the event claims are asserted or litigation is commenced related to or arising out of the performance of this Grant Agreement, each party agrees that it will maintain all records relating to the Project and the Property until the other party has disposed of all such litigation, appeals, claims, or exceptions related thereto. 10. License and Permit The Applicant hereby grants to the Authority an irrevocable license and permit to access the Property, surrounding roadways, walkways, and any other means of ingress and egress 01389559-1 4 to the Property for the purpose of ensuring compliance with this Grant Agreement for the duration of this Grant Agreement. The Parties each acknowledge that good and valuable consideration has been received to maintain such irrevocable license for the duration of this Grant Agreement. 11. Insurance A. Without waiving the right to sovereign immunity as provided by Section 768.28,F.S., each party acknowledges that it is either insured or self-insured for General Liability and Automobile Liability under Florida's sovereign immunity statutes with coverage limits of$200,000 Per Person and $300,000 Per Occurrence, or such other sovereign immunity waiver limits that may change as set forth by the State Legislature at the time of such occurrence. B. The Applicant agrees to maintain or to be self-insured for Workers' Compensation & Employers' Liability insurance in accordance with Chapter 440, Florida Statutes. C. When requested, each party shall provide to theother, an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status. D. Compliance with the foregoing requirements shall not relieve either party of its liability and other obligations under this Grant Agreement. E. The Applicant agrees to include no less than the above-stated insurance requirements as to type of coverage and dollar amount so as to meet the minimum requirements set forth above in all contracts related to the construction, use, or maintenance of the Project and the Property, and shall .establish and maintain such coverage as a requirement for the issuance of any permit, license, or right to use or occupy the Project and Property unless this requirement is expressly waived in writing by the Authority's Contract Representative and Monitor with the approval of Authority's Department of Risk Management. 12. Public Entity Crimes Applicant shall comply with Section 287.133(2)(a), F.S., as amended, which provides in pertinent part as follows: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess 01389559-1 5 of the threshold amount provided in Section 287.017,F.S.for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 13. No Third Party Beneficiaries Except as specifically set forth and as limited herein, this Grant Agreement confers no rights on anyone other than the Authority and the Applicant and is not otherwise intended to be a third party beneficiary contract in any respect. Nothing contained in this Agreement shall constitute the Authority's acceptance of any obligation or liability not otherwise imposed under this Grant Agreement or by law upon the Authority. 14. Termination A. In the event the Applicant fails to comply with any provision of this Grant Agreement, the Authority may exercise any and all rights available to it, including termination of this Grant Agreement. The Authority will notify the Applicant of its noncompliance and provide the Applicant thirty (30) days or such additional period granted by the Authority to cure the noncompliant event(s) or act(s). In the event the Applicant has not cured the noncompliant act(s) or event(s), or if the Applicantcannot cure the noncompliant act(s) or event(s), the Authority may terminate this Grant Agreement. If the Authority terminates this Grant Agreement for the Applicant's failure to cure under this provision,the Authority may require the Applicant to repay to the Authority the Grant funds that were provided by the Authority for the Project, or some lesser sum determined by the Authority. B. The Authority may also terminate this Grant Agreement for convenience, in whole or in part, at any time, by written notice of such termination to the Applicant should the Authority, in its sole discretion, determinethat it is necessary to do so for any reason. The Authority shall notify the Applicant of its intent to terminate for convenience at least ninety (90) days in advance of the termination date by delivering notice of such to the Applicant specifying the extent of termination and the effective date. In the event the Authority terminates this Grant Agreement for convenience, the Applicant willbe relieved of any obligation to repay the funds received from the Authority pursuant to paragraph 7 above. The Applicant affirms that the benefits promised to it under this Grant Agreement are adequate consideration to support not only its duties and obligations under this Grant Agreement, but also support the Authority's right to terminate this Grant Agreement for convenience and its limitation of remedies against the Authority to those specifically set forth herein, regardless of the harm, if any, caused by the Authority's termination of this Grant Agreement for convenience. C. Upon termination of this Grant Agreement as set forth herein, both the Authority and Applicant agree and acknowledge that their respective legal or equitable remedies against the other for termination of this Grant Agreement are expressly limited to those contained in this Grant Agreement. Notwithstanding the foregoing, the parties agree 01389559-1 6 to comply with all applicable statutory dispute resolution procedures as provided under Florida law. 15. Office of the Inspector General Palm Beach County has established the Office of the Inspector General pursuant to, Ordinance No. 2009-049, as amended, which is authorized and empowered to review past, present and proposed County contracts, transactions, accounts and records. The Authority has entered into an agreement with Palm Beach County for Inspector General services. This agreement provides for the Inspector General to provide services to the Authority in accordance with the authority, functions, and powers set out in the Inspector General Ordinance as amended. All parties doing business with the Authority and receiving Authority funds shall fully cooperate with the Inspector General including, but not limited to, providing access to records relating to this Grant Agreement. The Inspector General has the power to subpoena witnesses, administer oaths, require the production of records, and audit, investigate, monitor, and inspect the activities of the Applicant, its officers, agents, employees, and lobbyists in order to ensure compliance with the Agreement and detect corruption and fraud. Failure to cooperate with the Inspector General or interference with or impeding any investigation shall be a violation of the Inspector General Ordinance, as amended, and punishable pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 16. No Liability or Waiver of Sovereign Immunity Neither party shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of the other party. Nothing contained in this Grant Agreement shall act or constitute a waiver of either party's sovereign immunity in excess of that waived by the Legislature in Section786.28, F.S. 17. No Agency Relationship Nothing contained herein is intended to nor shall it create an agency relationship between the Authority and the Applicant. 18. Remedies and Limitations of Liability A. This Grant Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement shall be in a State Court of competent jurisdiction located in Palm Beach County, Florida. B. The Authority and Applicant both acknowledge that their respective remedies against the other for termination of this Grant Agreement as set forth herein are limited solely to those in this Grant Agreement. C. The Authority's remedies against the Applicant shall be limited to the recovery of any sums of money provided to it under this Grant Agreement. The Authority shall have no further or additional liability to the Applicant or any other person or entity arising 01389559-1 7 from, or related in any way to this Grant Agreement, and in no event shall the Applicant's liability to the Authority, for any reason, exceed the total amount of this Grant Agreement. D. The Applicant's remedies against the Authority shall be limited to the sum of money the Applicant has expended or is expressly liable for pursuant to a written contract entered into for the sole purpose of completing the Project itself, and not related, ancillary or adjunct matters. However, in no event shall the Authority's liability to the Applicant for any reason, exceed the total amount of this Grant Agreement. 19. Enforcement Costs To the extent that enforcement of the Grant Agreement becomes necessary by either the Authority or the Applicant, each party shall bear their own attorney's fees, taxable costs, or any other costs related to such enforcement, including any form of alternative dispute resolution. 20. Notice All written notices required under this Grant ''Agreement shall be in writing and hand delivered or sent by certified mails return receipt requested, and if sent to the Authority shall be mailed to: John Archambo, Director Customer Information Services 7501 N. Jog Road West Palm Beach, FL 33412 with copies to: County Attorney's Office 301 North Olive Avenue Suite 601! West Palm Beach, FL 33401 and, if sent to the Applicant shall be mailed to: Michael Simon, Executive Director Boynton Beach CRA 100 E. Ocean Avenue, 4t'Floor Boynton Beach, FL 33435 with copies to: Tara W. Duhy 01389559-1 8 515 North Flagler Drive Suite 1500 West Palm Beach, FL 33401 Each party may change its address upon notice to the other. 21. No Waiver No waiver of any provisions of this Grant Agreement, or any amendment hereto, shall be effective unless it is in writing, signed by the party against whom it is asserted. Any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed a continuing or future waiver. 22. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. 23. Joint Preparation The preparation of this Grant Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 24. Severability Should any section, paragraph, sentence,,clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Grant Agreement. 25. Entirety of Contract and Modifications The Authority and Applicant agree that this Grant Agreement sets forth the entire agreement and understanding between the parties of their respective rights or obligations hereunder, including the intent of this Grant Agreement. There are no promises or understandings other than those stated herein. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 26. Survivability Provisions of this Grant Agreement which are of a continuing nature or impose obligations which extends beyond the term of this Grant Agreement shall survive its expiration or earlier termination. 27. Filing A copy of this Grant Agreement shall be filed with the Clerk and Comptroller of the Circuit Court in and for Palm Beach County. 01389559-1 9 28. Commercial Nondiscrimination Policy As a condition of entering into this Grant Agreement,the Applicant represents and warrants that it will comply with the Authority's Commercial Nondiscrimination Policy as described under Section 6.3 of the Authority's Purchasing Manual that is incorporated herein by specific reference. As part of such compliance, the Applicant shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of contractors, subcontractors, vendors, suppliers, or commercial customers, nor shad the Applicant retaliate against any person for reporting instances of such discrimination. The Applicant shall provide equal opportunity for contractors, subcontractors, vendors and suppliers to participate in all of its public sector and private sector contracting, subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the Authority's relevant marketplace in Palm Beach County. The Applicant understands and agrees that a material violation of this clause shall be considered a material breach of this Grant Agreement and may , result in 'termination of this Grant Agreement, disqualification or debarment of the company from participating in Authority contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party. IN WITNESS WHEREOF,the Solid Waste Authority of Palm Beach County and Boynton Beach CRA have hereunto'set their hands the day and year above written. ATTEST. SOLID WASTE AUTHORITY OF PALM BEACH COUNTY By: By: Sandra Vassalotti, Clerk to the Board Daniel Pellowitz,Executive Director (SEAL) APPROVE AS TO LEGAL SUFFICIENCY APPROVE AS TO TERMS AND CONDITIONS By: By: Howard J. Falcon,III John Archambo General Counsel Director, Customer Information Services 01389559-1 10 WITNESSES: BOYNTON BEACH CRA Witness Signature By: Signature Print Witness Name Print Name Title Witness Signature (SEAL) Print Witness Name Approved by the Solid Waste Authority Board on October 14, 2020, Item 9.13.3 Approved by the Boynton Beach CRA on 20 Item 01389559-1 1 1 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: November 10, 2020 NEW BUSINESS AGENDAITEM: 16.13. SUBJECT: Consideration of an Interlocal Agreement between the City and CRA for the funding of the Tree Canopy Coverage Project SUMMARY: On September 1, 2020, the City Commission of Boynton Beach adopted a citywide tree planting goal of 3,000 trees per year to achieve 20% tree canopy coverage by 2035 (see Attachment I - Resolution R20-091). The tree planting goal will assist with the implementation of the City's 2020 Climate Action Plan to encourage development equity for the low-income neighborhoods with lower canopy coverage, and help make Boynton Beach a more sustainable city. To assist the City with its tree planting goal and to improve the overall quality, aesthetics, and function of the designated properties identified as Tree Canopy Coverage Project Potential Planting Areas (PPAs)within the CRA Area, the CRA Board approved $60,650 as part of the FY 2020-2021 Budget on September 8, 2020 to fund the Tree Canopy Coverage Project (see Attachment 11). Consistent with the 2016 Boynton Beach Redevelopment Plan and Chapter 163, Florida Statutes, the CRA funds will be used for material and equipment costs associated with the physical improvements of the Project. The City will be responsible for overseeing the Project, coordinating with the contractor(s) and other entities as necessary for the completion of the project.Additionally, the City will also be responsible for the maintenance of the trees planted as a result of the project, along with contracting with other entities as necessary to comply with Urban Forestry Management or applicable industry best management standards. A project timeline and maintenance program has been submitted by the City(see Attachment 111). The attached draft Tree Canopy Coverage Project Interlocal Agreement (ILA) details the responsibilities of the City and CRA, the procedures for fund reimbursement to the City, and the reporting requirements by the City to ensure compliance with the Plan and Florida Statutes (see Attachment IV). The document has also be reviewed by City staff and has been forwarded to the City Attorney for review. Approval of the I LA by the CRA Board will allow the I LA to be scheduled for the next available City Commission agenda for approval and project implementation by the City shortly thereafter. FISCAL IMPACT: FY2020-2021 Budget Project Fund, Line Item 02-58200-406, $60,650 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the I nterlocal Agreement to fund the Tree Canopy Coverage Project and authorize the Board Chair to execute subject to final legal review. 2. Do not approve the I nterlocal Agreement to fund the Tree Canopy Coverage Project. 3. Provide alternative direction to staff upon further Board discussion. ATTACHMENTS: Description D Attachment I - Resolution R20-091 -Citywide Tre Planting Goal D Attachment II - Excerpts from September 8, 2020 CRA Meeting M inutes (FY 2020-2021 Budget adoption) D Attachment III -Tree Canopy Coverage Project Proposed Timeline and Maintenance Plan D Attachment IV - Draft Tree Canopy Coverage Interlocal Agreement 1 RESOLUTION NO.R20-091 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, ADOPTING A CITYWIDE TREE PLANTING 6 GOAL OF 3,000 TREES PER YEAR TO ACHIEVE 20% 7 TREE CANOPY COVERAGE BY 2035; AND PROVIDING 8 AN EFFECTIVE DATE. 9 10 11 WHEREAS,the City of Boynton Beach enjoys numerous benefits from its urban forest 12 including shade, energy savings, walkable neighborhoods, natural beauty, wildlife habitat, 13 increased property values, carbon sequestration, uptake of air pollution, and absorption of 14 stormwater runoff;and 15 WHEREAS, trees are declining throughout the southern United States as a result of 16 development,storm damage,disease,and lack of replacement as older trees die;and 17 WHEREAS, an urban tree canopy assessment of Boynton Beach found that tree canopy 18 covers 16.1%of the city's total land area, and that the City lost 1%of its tree canopy, or about 19 1,800 trees,from 2017 to 2019;and 20 WHEREAS,the same assessment found that 7.4%of the City's land area could potentially 21 be planted with additional trees;and 22 WHEREAS, the City's 2020 Climate Action Plan identifies Urban Forestry as a key 23 strategy to help reduce community-wide greenhouse gas emissions 50% below 2015 levels by 24 2035,and 25 WHEREAS, planting trees in targeted areas can increase equity because low-income 26 neighborhoods often have lower tree canopy and hotter surface temperatures;and 27 WHEREAS,community members have identified tree canopy expansion as a top priority 28 to make Boynton Beach a more sustainable city;and 29 WHEREAS, the City has developed partnerships with nonprofit organizations and 30 received grant awards to plant trees in public parks,schools,and private residences;and SVGA\RESO\Tree Canopy-Reso.Docx 31 WHEREAS,the City will continue to pursue grants and other funding opportunities,and 32 will engage the private sector to contribute to the citywide tree planting goal;and 33 WHEREAS,the City will conduct a land cover assessment every four to five years to track 34 progress toward meeting the tree canopy goal of 20%coverage. 35 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE 36 CITY OF BOYNTON BEACH,FLORIDA,THAT: 37 Section 1. Each Whereas clause set forth above is true and correct and incorporated 38 herein by this reference. 39 Section 2. The Boynton Beach City Commission adopts a city-wide tree planting goal 40 of 3,000 trees per year to achieve 20%tree canopy coverage by the year 2035. 41 Section 3. That this Resolution shall become effective immediately upon passage. 42 PASSED AND ADOPTED this�� day of September,2020. 43 CITY OF BOYNFON BEACH,FLORIDA 44 45 YES NO 46 Mayor—Steven B.Grant t 47 48 Vice Mayor—Ty Penserga 49 50 Commissioner—Justin Katz 51 52 Commissioner—Woodrow L.Hay 53 54 Commissioner—Christina L.Romelus V� 55 56 VOTE 57 ATTEST: 58 59 607a' r 61 Cr tal Gibson,MMC 62 C ty Clerk 63 64 65 (Corporate Seat) S\CAARESOA I ree Canopy-Reso Doex 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 From: dd web-°°a To: Shur Thuv Cc: 5irmon.Michael Subject: RE:Tree Canopy Implementation Plan-CRA Funding Date: Tuesday,October 13,2020 8:26:15 AM Attachments: ie001 ones wvaolamig u madgE 5 Q R219214& G o o d a 't ery€1.on T„ufit i-€t- _C -�"' x._.(";5— � r an���,yst ad;= 'x �"�€ i'T trn 5,+a ��;fie _.tl N"' ted s 'UHor , a°i`s..',+'`.d.2 iC . PPA Y i-an 4 r,3 ., j-.�f;i...ir`,d Pl ,E'' � n �t. h t.T reach h i,f, ,� rl no's .�r3�..; ..,_ .�, . , r r. �uds:.:�Jc��j c'�. ct�arl sa� ��E: r;� rv,-j- u " ,`.3`L;'� �� � gy,,s� , Rebecca 3.Schedule for how the planting will be accomplished in FY 2020-2021: November 2020 • CRA Board approves Interlocal Agreement with the City. • City selects specific tree planting locations in parks and public rights-of-way within the CRA area, and develops a timeline for planting from February to August 2021. December 2020—January 2021 • City follows its procurement policy to hire one or more vendors to supply trees, planting materials, installation, and grow-in period maintenance. February—August 2021 • City implements tree planting program in selected areas according to established timeline. • City pays contracted vendors) and submits reimbursement requests to the CRA for direct expenses (trees, materials, equipment, and installation costs) with proofs of payment. September 2021 • City submits a year-end report to CRA summarizing the tree plantings completed and funds expended during FY 2020-2021. 4. Description of the maintenance program once the trees are planted: The tree installation vendor will collaborate with City staff on tree type and placement for each specific planting location.Tree species will be determined based on "Right Tree Right Place" principles and will consist of native and Florida-friendly tree species as much as possible. Once planted,the City will be responsible for maintaining trees in City-owned parks and rights-of-way. If irrigation is not available at a planting site,the City will water the trees using its water truck. If unable to maintain all trees with existing staff resources,the City will issue a bid award or RFP/RFQ award to vendors to maintain the trees.The City will hire a professional arborist to perform corrective pruning/restructuring 5 to 10 years after planting.The City is pursuing funding to create an Urban Forestry Management Plan,which will facilitate capacity development and determine the most efficient and effective ways to deliver tree care. From:Shutt,Thuy<ShuttT@bbfl.us> Sent:Thursday,September 24, 2020 4:44 PM To: Harvey, Rebecca<HarveyR@bbfl.us> Cc:Simon, Michael <SimonM@bbfl.us> Subject:Tree Canopy Implementation Plan -CRA Funding Hi, Rebecca, As a follow up to my vm last week, can you please give me a call to discuss this project and the status of the implementation strategy?As mentioned in my message,the CRA Board approved $60,500 towards this line item. In order for us to work on an ILA to assist in the implementation of the citywide tree planting program within the CRA Area, could you please provide us with the following: 1. Executed Resolution of the Tree Planting Goal (see attached unsigned copy) 2. A map of the areas within the CRA that are identified as Potential Planting Areas (PPA). I am not sure if the GIS map that Manny had for our last Zoom meeting was an enlarged map from the Tree Canopy Assessment, page 15 (see attached)? It needs to be enlarged so that the PPA can be readily identified using adjacent street names or landmarks since Page 15 of the Assessment is really hard to read. This document will probably need to be an exhibit/attachment of the ILA to define the CRA areas to ensure that funding will be used only within the CRA boundaries. 3. A schedule or timeline for how the planting will be accomplished or funds will be expended in FY 2020-2021. 4. A brief description of the maintenance program once the trees are planted. We can work on getting this on the CRA Board Agenda for November 10th depending on how your implementation efforts are going. Here is a quick reminder of how the ILA will be structured: e A maximum not to exceed amount of$60,500 to be provided by the CRA in support of the program within the CRA area ® CRA funds will be provided on a reimbursement basis ® Similar to other ILAs between the City and CRA,the City will provide the documentation or ensure that CRA funds are used in accordance with FL Statutes. In this case a simple year-end report may be required as part of the ILA in addition to supportive proof of payments for each reimbursement request(if City wants to issue multiple invoices) • CRA funds will only be used for cost of the planting materials and installation and cannot be used for items that ordinarily would be done by the City(e.g. staff salary and benefits, maintenance costs, etc.) or nonprofit administrative or operational costs. ® Since this was only authorized for FY 2020-2021,this will most likely have a deadline to submit reimbursement request(e.g. by 9/30/21—or earlier for processing by year-end) Let me know if you have any questions or want to discuss. I would like to have a draft for Mike's review by 10/12 so that we can forward it to our attorney's review by 10/15 for the November CRA Board meeting.Thank you. i Luy Si7ueL, AIA, F R Assist nt Direc'Co,- 3oynLon [eE:,,_1 C:ommuni';yLadev^Iop:ncnLADI-r,cy '60 0=.t, Ave. ( __3oy i on 3each, Florida 33,`:35 Shutt i r L" j�w i htt —www boyntonbeaehGra fpm America's Gateway to the Guffstrearn P,aase bre,advised i-lorida has to broad public records !caw and all correspc,dcnce to me via er.lail rn ay Lu su a}ect':ra disc!Osure.Under Florida, :ecords law, erna„i'',addlresses are public records. : ".erefoi2, you e-mail co.-nriunicet=on, z,:-i') your e-rr,cil cddress may ba subject LO pu. lic disclosure. INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE TREE CANOPY COVERAGE PROJECT 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 "Parry" 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 has previously adopted City of Boynton Beach Resolution R20-091 (attached hereto as Exhibit"A")which establishes a city-wide tree planting goal; and WHEREAS, the CITY will undertake a Tree Canopy Coverage Project to plant trees in furtherance of that goal; and WHEREAS, tree planting is anticipated to take place in locations identified in designated Tree Canopy Coverage Project Potential Planting Areas (PPAs), as further described in Exhibit "B,"which is hereby incorporated herein; and WHEREAS,the CRA desires to provide the CITY with funding for planting trees in PPAs that are within the CRA Area(the"Project"); and WHEREAS,the Project site lies within the boundaries of the CRA Area; and WHEREAS,the Project is intended to improve the overall quality, aesthetics, and function of the PPAs within the CRA Area; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the 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; 01388588-1 1 NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Sixty Thousand Six Hundred Fifty and 00/100 Dollars ($60,650), for materials and equipment costs associated with the physical improvements of the Project consistent with the terms of this Agreement, to be used for only reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to the Project, and in compliance with the requirements of this Agreement. In addition, only expenses directly associated with planting materials and installation shall be considered eligible expenses. b. The CRA shall make payments to the CITY upon receipt of a complete written request from the CITY for payment, so long as such request complies 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. The CITY shall also be responsible for the maintenance of the trees planted as a result of the Project, along with contracting and coordinating with all other entities as necessary to comply with the Urban Forestry Management or applicable industry best management standards. e. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director or designee 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 or supporting any Reimbursement Request. 01388588-1 2 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request")meeting the requirements of this Agreement 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 approval of a final inspection from the City, or the equivalent. The request shall include the following information: i. The amount of reimbursement requested; ii. A summary of the Project improvements for which the CITY seeks reimbursement; iii. A statement 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, evidence of an approved final inspection, or equivalent, and a final report by the City detailing at minimum the type of trees, quantity, size, location, and the associated maintenance program for the trees that are planted. 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 01388588-1 3 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 or maintaining any trees planted as a Result of the Project. 6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for 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 an approved final inspection, or equivalent, and the CRA reimburses the CITY for the Project, or on December 31, 2021 ("Termination Date"), whichever comes first. 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 01388588-1 4 incurred in accordance with generally accepted accounting principles. Each Parry shall have access to the other Parry'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 Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Parry 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 Parry 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. 01388588-1 5 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: a. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 100 E. Ocean Avenue 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. 01388588-1 6 515 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 Parry. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Parry than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e.,via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity, waiver, termination, maintenance of trees, 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. [Signatures on following page.] 01388588-1 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: 01388588-1 8 Exhibit"A" l RESOLUTION NO.R20-091 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, ADOPTING A CITYWIDE TREE PLANTING 6 GOAL OF 3,000 TREES PER YEAR TO ACHIEVE 20%, 7 TREE, CANOPY COVERAGE BY 2035; AND PROVIDING s AN EFFECTIVE DATE. c} I it I I WHEREAS,the City of Boynton Beach enJoys numerous benefits from its urban iores't 11 including shade. c.nergp savings.. walkable neighborhoods, natural beauty_. wildhfe. habitat,. 13 increased property values, carbon sequestration, uptake: of air pollution, and absorption of 14 stormwatEr°runoff,and 15 WHEREAS, trees are declining throughcaut the southern United States as a result of 1G development..storm damage,disease,and lack of replacement as older trees die;and 17 WHEREAS,au urban tree canopy assessment of Boynton Beach bund that tree canopy 18 covers 16.1%of the cit}'s total land area, and that the City lost 1%of its tree canopy, or about 11) 1,800 trees,from 2017 to 2019,and 70 WHEREAS,the same assessment fond that 7.4%of the City's land area could potentially 21 be planted with additional trees;and ?? WHEREAS, the City's 2020 ('timate Action Plain identifies Urban Forestry as a key 23 strategy to help reduce community-aside greenhouse gas emissions 50% below 2015 levels by 24 2035,and 25 WHEREAS, planting trees in taq,cted areas can increase equity because loch-income 26 neighborhoods often have lower tree canopy and hotter suillace temperatures,and 27 WHEREAS,community members have identified true canopy c:,pansion as a top priority 111 to make Boynton Leach a more sustainable;city:and 9 WHEREAS, the City has developed partnerships evith nonprofit organizations anti mt received grant awards to plant trees In public parks, schools.and private residences;and ', C SVR SU Piet Gm,p,-R,w Po,, 3r WHEREAS,the City will continue to prn'sue ?rants and other funding opportunities..and 32 will r m age.the private sector to contribute to the cityw isle tree planting„uGtl;and 33 WHEREAS,the City will conduct a band cove;-assessment every four to five years to track to pro=gress toward meeting the gree canopy pool x`2011%coverage. 35 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE ;r, CITY OF BOYNTON REACH,heti,FLORIDA,THAT: 37 Section 1. I'.tach Whereas clause: scat forth alcove is true and correct and incorporated 38 herein by this reference, '19 Section 2. The Boynton Beach City Commission adopts a city-wide tree planting goal att of 3.000 trees per year to achieve 20%tree canopy coverage by the year 2035, 41 Section 3. 1 hat this Resolution shall become effective ininiediately upon passage. 42 PASSED AND ADOPTED this_..�� day-of Septernber,2020. 43 CITY OF BOYNTON BEACH,FLORIDA <44 45 YDS NO 46 Mayor-Steven B. Grant Y 47 8 Vice Mayor 'Ty Penscrga 49 so ConImissiOuer-Justin Katz V- 52 C'onarnissioner- Woodrow L.Flay t i 54 Commissioner-Christina L. Rornelur 55 56 VOTE 57 ATTLS'P 54 59 tilC'r tal Gibson.MNIC 62 C y Clerk 6 64 65 {Corporate Sea]) S tL NNIN,Ifcc c an,,Py a� 0„r,: . 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SUBJECT: Consideration of Accepting the Transfer of the City-Owned Property Located at 1102 N. Federal Highway Boynton Beach, FL and Subsequently the Approval to Dispose of the Property SUMMARY: On September 30, 2020 the City of Boynton Beach obtained the property on located at 1102 N. Federal Highway through a settlement agreement with the property owners due to a foreclosure lawsuit based on accrued code and lot mowing liens (see Attachment 1). This property is immediately adjacent to a CRA owned property, 1110 N. Federal Highway (Attachment II). On November 4, 2020, the City Commission approved the transfer of its property located at 1102 N. Federal Highway, Boynton Beach, FL 33435 to the CRA (Attachment 111). The transfer of this property to the CRA will further promote the goals and objectives of the City and the CRA for the Federal Highway Corridor District. If the CRA Board accepts the land transfer to the CRA, the CRA will cover the City's closing costs consistent with previous real estate transfers. Closing costs for the transfer should not exceed $7,500. Additionally, upon acceptance of the land transfer, CRA Staff is requesting Board approval to dispose of the 1102 N. Federal Highway property in accordance with Section 163.380, Florida Statutes. FISCAL IMPACT: FY 2020 -2021, Project Fund 02-58200-401 - not to exceed $7,500. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Federal Highway Corridor District CRA BOARD OPTIONS: 1. Approve the transfer of the City-owned property located at 1102 N. Federal Highway to the CRA for future redevelopment and authorize the CRA Chair to execute the closing documents subject to review by the C RA's legal counsel; and, 2. Approve the disposal of the property located at 1102 N. Federal Highway in accordance with Section 163.380, Florida Statutes. 3. Provide alternative direction to CRA staff upon further discussion. ATTACHMENTS: Description D Attachment I - Recorded Deed for 1102 N. Federal Highway D Attachment II - Map D Attachment III -City Resolution 20-Approving the Land Transfer to the CRA CFN 20200384683 OR BK 31823 PG 608 RECORDED 10/15/2020 13:50:55 Palm Beach County, Florida AMT 868,958.48 DEED DOC 6,083.00 Sharon R. Bock This Instrument was Prepared By and Return to: CLERK&COMPTROLLER James A. Cherof,Esquire Pgs 0608-0610; (3Pgs) GOREN,CHEROF,DOODY&EZROL,P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale,Florida 33308 Polio No.08-43-45-21-32-002-0201 WARRANTY DEED THIS INDENTURE, made this -3c i" day of 2020 and between Eckols '76, Ltd., a Florida limited partnership and Eckols '86, Ltd., +a Florida limited partnership as undivided tenants in common, hereinafter collectively referred to as "Grantor" and City of Boynton Beach,a Florida municipal corporation,whose post office address 100 E. Ocean Avenue, Boynton Beach, Florida 33435,hereinafter referred to as "Grantee." WITNESSETH: That said Grantor,for and in consideration of the sum of TEN ($10.00) DOLLARS,and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee' successors and assigns forever, the following described land, situate, lying and being in PALM BEACH County, Florida, to wit: That part of Lots 20, 21 and 22, Block 2, LAKE ADDITION, a subdivision of the City of Boylston Beach, Florida, according to the Plat thereof, on file in the office of the Clerk of the Circuit Court, in and for Pahn Beach County, Florida, recorded in Plat Book 11, Page 71, of the Public Records of Pahn Beach County, Florida, described as follows.- BEGINNING ollows.BEGINNING at the Southwest corner of Lot 20, Block 2, LAKE ADDITION, real easterly along the south line of said Lot 20, a distance of 122.5 feet to a point,- thence oint,thence Northerly at right angles to the South line of said Lot 20, a distance of 131.7 feet, more or less to a point in the North line of Lot 22, Block 2, LAKE ADDITION; thence run Westerly along the North boundary line of said Lot 22 to the Northwest corner of said Lot 22; thence Southwesterly along the West line of l Lots 22, 21 and 20 to the point of beginning, subject t0 existing 1"Igl1t-of--tivay of 1 U.S. Highway #1, (State Road 95), less the North sixty-six (66)feet thereof as pleasured at right angles to the North line of the above-described parcel; TOGETHER with all improvements thereon andfixtures therein. PCN# 008-43-45-21-32-002-0201 SUBJECT TO: Taxes for current year and subsequent years, zoning and/or easements, 1, restrictions and other matters appearing on the plat of the subdivision. 1 This deed is an absolute conveyance of the title for $10.00 and other good and valuable consideration, including cancellation of the debt or release of personal liability, as applicable, and is not intended as an additional security for that certain Order Imposing Penalties/Lien recorded in Official Records Book 28231, Page 449, that certain Order Imposing Penalties/Lien recorded in Official Records Book 22491, Page 101 and that certain resolution no. 18-166 assessing a lien {00395395.1 306.94054341 CFN 20200384683 BOOK 31823 PAGE 609 2OF3 in Official Records Book 30569, Page 966, all of the Public Records of Palm Beach County, Florida. And the Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hands the day and year first above written. Signed, sealed and delivered Eckols '76,Ltd., a Florida limited partnership in our presence: By:Norman Olson,General Partner 2400 N.W. Boca Raton Blvd. (Print or Type Name), Boca Raton, FL 33431 (Print or Type Name) ! Signed,sealed and delivered Eckols '86, Ltd.,a Florida limited partnership in our presence: f, a By:Norman Olson,General Partner -( 0 �J r'&' � 2400 N.W. Boca Raton Blvd. (Print or Type Name) Boca Raton, FL 33431 (Print or Type Name) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or _ online notarization this -,Lday of. t�; 2020 by Norman Olson, as General Partner of Eckols '76,Ltd., a Florida limited Partnership, on behalf of the partnership, who is personally known to me or has produced a Florida driver's license as identific4 ion. �y . > NOTARY PUBLIC {00395395.1306-9905434] ; tih3�,:`,''• AJAB,MARKOWICZ 2 v r tR1, .�Commission#GG 294255 �';it°`rf onled Thru Ny fin In urr :nce$00485-70% CFN 20200384683 BOOK 31823 PAGE 610 30F3 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of t/ physical presence or online notarization this, day of.. 2020 by Norman Olson, as General Partner of Eckols '86,Ltd., a Florida limited partnership, on behalf of the partnership, who i/is personally known to 1ne or_has produced a Florida driver's license as identification, ' NOTARY PUBLIC AJAO,MARKOWECZ Commission#GG 294265 Expires January 23,2023 Bonded TNu Troy Feln Insurance 800.3857019 i i 3 100395395.1306-9505434) 3 � r search Search ,Results 2' 5�p,} 3'�Y�y 3p y� �] �`'�yy p }V1L,It p"9VpG �A, ReuIr7 �� e �`, - Owneus EC KOLS 76 LTD& City of BB ECKOLS 86 LTL7 {� , Property det Location 1102 N FEDERAL Hera MuniC4pall9tf BrOYNT N BEAD Parcel No. 08434521370020201 x l i SubdIvision LAKE ADD TO BLJ'YNT`N r Book 10163 Page 0685 Sale Date L ECS , ?> w, , tit �, � � yl 2400 NW BOCA ( i Ma0mg RATON BLVD i, �, «�, rQ Address ally , 1 fit. PTFI FL � 1 nkr 3431 664 r, { rll { 11 dL 1 14�u{ t+V4tt4 frc t c»� s 6 4, �t Use Tvpe 1100-'STUFSE� � �� ����w� „� � NE 1011 Taxa1 Square Feet 1980 7e, k t , Sales Information Sales Date Price Y FEB-!DEC-]997 150000 994 1 GO „7 Appraisals "� Tax Year2016 'r¢t; 1 Improvement alu S 10T 5 n( III zr E Land Value S11B-15 U 7, 9 Total Market Value S� L � L1 a-e All va les are as SAP janUary 1 st Pali year Assessed/Taxable values I SIE 9th-Ave h1E�9tYi'Ave Tai Year 24�1 G (+� � ��L, { ,�' :1 � urs ASSeS5ed VMIJe S207.557 1�,, Exemption Amount Taxable Value S207 SL57 f e h 1110 N. Fed. Hwy, _'C RA P ro pe rty —10 y k�k 7 s, �t — t{{ls Er �. a s f , } r pry t r Au gu st 24,2020 1:576 0 0.00475 0.0095 0.019 mi 0 0.00755 0,01+5 0.03 km I RESOLUTION NO. R20 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 MAYOR TO SIGN A QUIT CLAIM DEED 6 TRANSFERRING THE CITY OF BOYNTON BEACH 7 PROPERTY LOCATED AT 1102 NORTH FEDERAL 8 HIGHWAY,BOYNTON BEACH,FL TO THE BOYNTON 9 BEACH COMMUNITY REDEVELOPMENT AGENCY 10 (CRA); AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, on October 1, 2019,the City Commission authorized the City Attorney 13 to file a foreclosure lawsuit for the Property located at 1102 N. Federal Highway, Boynton 14 Beach, FL 33435, a non-homesteaded and vacant commercial property, which had accrued 15 more than $800,000.00 worth of code and lot mowing liens; and 16 WHEREAS, on August 19, 2020, the City Commission approved a Settlement 17 Agreement between the City of Boynton Beach and the Property Owner Eckols '76 LTD and 18 Eckols '86 LTD., which included a Deed in Lieu of Foreclosure; and 19 WHEREAS, this Property is located within the Community Redevelopment Agency 20 (CRA), immediately adjacent to another CRA-owned property and the transfer of this property 21 to the CRA will further promote the goals and objectives of the City; and 22 WHEREAS,the City Commission,upon recommendation of staff, deems it in the best 23 interest of the Citizens and residents of the City of Boynton Beach to approve and authorize 24 the Mayor to sign a Quit-Claim Deed transferring the City-owned property located at 1102 25 North Federal Highway to the Boynton Beach Community Redevelopment Agency. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing"WHEREAS" clauses are true and correct and hereby 29 ratified and confirmed by the City Commission. S:ACA\RESO\Real EstateATransferring 1102 N Federal Hwy To CRA-Reso.Docx I Section 2. The City Commission of the City of Boynton Beach hereby approves 2 and authorizes the Mayor to sign a Quit-Claim Deed transferring the City-owned property at 3 1102 North Federal Highway to the Boynton Beach Community Redevelopment Agency. A 4 copy of the Quit-Claim Deed is attached hereto as Exhibit"A". 5 Section 3. That this Resolution will become effective immediately upon passage. 6 PASSED AND ADOPTED this day of November, 2020. 7 CITY OF BOYNTON BEACH, FLORIDA 8 YES NO 9 10 11 Mayor— Steven B. Grant 12 13 Vice Mayor— Ty Penserga 14 15 Commissioner—Justin Katz 16 17 Commissioner—Woodrow L. Hay 18 19 Commissioner—Christina L. Romelus 20 21 22 VOTE 23 24 25 ATTEST: 26 27 28 29 Crystal Gibson, MMC 30 City Clerk 31 32 33 34 (Corporate Seal) 35 S:ACA\RESO\Real EstateATransferring 1102 N Federal Hwy To CRA-Reso.Docx