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Agenda 11-04-20 The City of wr Boynton Beach y City Commission Agenda Wednesday, November 4, 2020, 5:30 PM GoToWebinar Online Meeting and City Hall Community Room, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Ty Penserga (District IV) Commissioner Justin Katz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Christina L. Romelus (District III) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. -to- die,,C0 www.boynton-beach.org Page 1 of 919 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes& Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit- Three (3) Minutes. Due to the COVI D-19 public health emergency and in accordance with Governor DeSantis's Emergency Orders, the City of Boynton Beach has temporarily suspended in-person public meetings. The City requests that all citizens follow the safe at home guidance provided by the State, the County, and the Federal Government. The City of Boynton Beach encourages interested parties to attend and participate in public meetings via communications media technology online. To view and/or participate in the City Commission meeting you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment prior to the meeting: You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us by Noon on November 4, 2020 or calling (561) 742-6006 and leaving a message on the public comment Page 2of919 hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item number(s) for your comments. Comments received by the deadline will be read into the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. 3. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3of919 1. Openings A. Call to Order - Mayor Steven B. Grant Invocation by Apostle Tommy Brown of New Disciples Worship Center Pledge of Allegiance to the Flag led by Vice Mayor Ty Penserga Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by Members of the City Commission 3. Announcements, Community And Special Events And Presentations A. Proclaim the month of November as National Family Caregivers Month. Ricky Petty, Project Director for Healthier Boynton Beach, will accept the proclamation. B. Proclaim November 16 - 22, 2020 as "Entrepreneurship Week" for the City of Boynton Beach. David Scott, Director of Economic Development and Strategy, will accept the proclamation. C. A Veterans Day Ceremony will be held on Wednesday, November 11, 2020, at 11:00 a.m. at the Tom Kaiser, USN, Boynton Beach Veterans Memorial Park. This event is produced in partnership with the Boynton Beach Veterans Task Force. CDC guidelines will be followed. D. Announcement by Diane Valentini from Recreation and Parks about the Oceanfront Bark special event held at Oceanfront Park beach. The event is scheduled for Saturday November 21, 2020, from 9 am- 12 noon. E. Announce the Solid Waste Division will be having Tire Amnesty Week for City Residents from November 2nd through November 6th, 2020. F. Reminder: City offices & the Library are closed on Wednesday, November 11, 2020 in observance of Veterans Day. G. The PBC Health Care District Mobile Covid-19 testing unit will be coming back to Boynton Beach on the following dates: Friday, November 6, 2020 at the Boynton Beach Mall Monday, November 9, 2020 at the Ezell Hester Center Monday, November 16, 2020 at the Senior Center The unit will be open from 9am to 4pm. An informational flyer is attached. H. The City Commission will have a workshop meeting at 5:00 p.m. on Thursday, November 12th to discuss the City's affordable and workforce housing programs/ordinance. I. Update on the Town Square Project from E21- Solutions and J KM Developers, I nc. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming Page 4of919 before the City Commission) 5. Administrative A. Approve the request of Commissioner Hay to distribute $250.00 of his Community Support Funds to Pathways to Prosperity. B. Approve the request of Mayor Grant to distribute $250.00 of his Community Support Funds to the Chevy DTV Foundation. C. Approve the request of Mayor Grant to distribute $500.00 of his Community Support Funds to Boynton Strong Community Outreach and Training, Inc. D. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve an increase to Purchase Order PO # 201223 for $53,500.00 issued to EnviroWaste Services Group, Inc for emergency cleaning of Master Pumping Station #317 wet well. With the proposed increase the new purchase order will be $83,000.00. B. Proposed Resolution No. R20-118-Authorize the Mayor to sign an agreement between the City of Boynton Beach and the Hypoluxo Harbor Club Homeowners Association (Hypoluxo Harbor) providing for the collection and treatment of bulk sewer from their internal wastewater systems. C. Proposed Resolution No. R20-119- Authorize the Mayor to sign an Asset Purchase Agreement between the City of Boynton Beach (City) and Half Moon Bay Master Association, Inc. (Half Moon Bay) for the acquisition of the Half Moon Bay private Lift Station, and approve the associated costs to purchase the systems and install the necessary control panels and equipment. The purchase agreement also authorizes two associated utility easements required within Half Moon Bay. D. Legal Expenses- September 2020- Information at the request of the City Commission. No action required. E. Approve minutes from the City Commission meeting on October 6, 2020. 7. Consent Bids And Purchases Over$100,000 A. Approve a purchase from Integrity Municipal Systems, Inc. for $177,800 to furnish, install and start-up services of a new Lime Slaker System at the East Water Treatment Plant as a sole source. B. Approve and authorize the issuance of a purchase order to Gentile Glas Holloway O'Mahoney, in the amount of $128,859.39 in accordance with RFQ No. 046-2821-17/TP, general consulting services contract, scope category E awarded by City Commission on August 7, 2018 for the design, permitting, and construction administration of the site improvements at Ezell Hester Park. C. Proposed Resolution No. R20-120- Approve utilizing City of Lake Worth Beach, Florida Bid No. 20-108 with Shrieve Chemical Company to provide 93% Sulfuric Acid on an "as needed" basis, in an estimated annual amount not to exceed $204,264 and authorize the City Manager to sign an Agreement with Shrieve Chemical Company. The City of Lake Worth Beach procurement process satisfied the City's competitive bid requirements. D. Approve an increase to the estimated two year expenditure with Kelly Janitorial to $625,000 due to the additional COVI D-19 response costs needed this fiscal year. 8. Public Hearina Page 5of919 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 20-034 - First Reading - Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi-family residential units and 12,422 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission Meeting.) B. Proposed Ordinance No. 20-035 - First Reading - Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right-of-way of SE 1St Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) C. Approval of Legacy at Boynton Beach (NWSP 20-003) new site plan application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Evan Vlaeminck, GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) D. Proposed Ordinance No. 20-036 - Second Reading - Approve the revised and updated City ordinances to regulate the Fire Department. This is a revision of the local fire prevention ordinances as is required by Florida State Statute when a new edition of the Florida Fire Prevention Code has been adopted. Approval of this revision by the Board will allow our fire prevention ordinances to be consistent with the latest version of the Fire Prevention Code and comply with State Statutes. E. Proposed Ordinance No. 20-037 - Second Reading - Approve amending the LAND DEVELOPMENT REGULATIONS, revising Chapter 3. Zoning, Article 111. Zoning Districts and Overlays, Section 8.E. Downtown Transit-Oriented Development District (DTODD) Overlay, to add a density provision in support of workforce housing in MU-2, MU-3, MU-4 and MU-C zoning districts. F. Proposed Ordinance No. 20-038 - First Reading - Approve Wells Landing North Future Land Use Map Amendment from Local Retail Commercial (LRC) and Medium Density Residential (MEDR) to Mixed Use Low(MXL). Applicant: Elisabeth Roque/ Wells Landing Apartments LLC Proposed Ordinance No. 20-039 - First Reading - Approve Wells Landing North Rezoning from C-2, Neighborhood Commercial and R-2, Single-and Two-Family Residential to MU-1, Mixed-Use 1, with a master plan for 24 multi-family units and 8,530 square feet of commercial. Applicant: Elisabeth Roque/ Wells Landing Apartments LLC G. Approve Wells Landing North (NWSP 20-004) for a mixed-use development consisting of a three (3)-story building with 24 affordable housing dwelling units, 8,530 square feet of commercial space, associated parking and related site improvements on a 1.23-acre site. Applicant: Elizabeth Roque, Wells Landing Apartments LLC. H. Proposed Ordinance No. 20-040 - First Reading - Request for abandonment of a portion of the unimproved 30 foot wide right-of-way of NE 1St Street running north and south from NE 11th Avenue south approximately 150 feet(ABAN 21-002) Proposed Ordinance No. 20-041 - First Reading - Request for abandonment of a portion of an unimproved five (5) foot wide alley running east to west from Seacrest Boulevard east to approximately 436.5 feet (ABAN 21-001). 1. Approve Wells Landing South (NWSP 20-005) New Site Plan for a multi-family residential development consisting of two (2), four-story buildings with a total of 100 affordable housing Page 6of919 dwelling units, associated parking and related site improvements on a 2.69-acre site. Applicant: Elizabeth Roque, Wells Landing Apartments LLC 9. City Manager's Report A. Discuss naming city facilities in the Town Square Project in downtown Boynton Beach. 10. Unfinished Business - None 11. New Business A. Proposed Resolution No. R20-121 - Approve the recovery of credit card/debit card surcharges (convenience fee) commencing December 1, 2020. B. Discuss and consider the development of a policy relating to the location of monuments on City property. 12. Legal A. Proposed Resolution No. R20-093- Approve and authorize the Mayor to sign documents releasing and creating project easements. (Tabled from the September 1, 2020 Commission meeting.) B. Proposed Resolution No. R20-122 - Approve and authorize the Mayor to sign a Quit Claim Deed transferring the City of Boynton Beach property located at 1102 N. Federal Highway, Boynton Beach, FL to the Boynton Beach Community Redevelopment Agency (CRA). C. Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. (Tabled from the September 15, 2020 Commission meeting.) D. Proposed Ordinance No. 20-042 - First Reading - Approve the Boynton Beach Administrative Code Amendments to the 7th Edition (2020) of the Florida Building Code. 13. Future Agenda Items A. Vice Mayor Penserga requested a discussion regarding a City Mural Program- TBD B. Proposed ordinance prohibiting the use of EPS foam in City facilities- TBD 14. Adjournment Notice lfaperson decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting,He/She will need a record ofthe proceedings and,for such purpose,He/She may need to ensure that a verbatimrecord ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.(ES.286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service,program,or activity conducted by the city.Please contact the City Clerks office,(561)742- 6060 or(TTY)1-800-955-8771,at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication ofthe agenda on the city's web site.Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office ofthe City Clerk Page 7of919 1.A. OPENING ITEMS 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Call to Order- Mayor Steven B. Grant Invocation by Apostle Tommy Brown of New Disciples Worship Center Pledge of Allegiance to the Flag led by Vice Mayor Ty Penserga Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Non-budgeted Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? No Grant Amount: Page 8of919 2.A. OTHER 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Informational items by Members of the City Commission Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 9of919 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Proclaim the month of November as National Family Caregivers Month. Ricky Petty, Project Director for Healthier Boynton Beach, will accept the proclamation. Explanation of Request: There are over 43 million adult and over 1.3 million youth family caregivers in the United States are the unacknowledged backbone of the nation's long-term care system by providing daily assistance to manage health and personal care, thus enabling their loved ones to stay in the home longer. It is important to recognize the many contributions of family caregivers and encourage our communities, health providers, employers, and others to support their invaluable efforts. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: Do not proclaim the month of November as National Caregivers Month. Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation-National Family Caregivers Month Page 10 of 919 9,?4 n w 6 e-'emA, proelamation WHEREAS,family caregivers greatly improve the quality of life for their loved ones,spending an average of 20 hours per week providing care,with many caring for their loved ones around the clock;and WHEREAS,over 43 million adult and over 1.3 million youth family caregivers in the United States are the unacknowledged backbone of the nation's long-term care system by providing daily assistance to manage health and personal care,thus enabling their loved ones to stay in the home longer;and WHEREAS,family caregivers promote a culture of support; demonstrate the importance of family,and strive to value the various stages of life for loved ones;and WHEREAS,family caregivers are there as full partners in the care of their loved ones in various settings. Patients may have more than one doctor;nurses change shifts;prescriptions may be filled at different pharmacies,but,family caregivers are the constant advocates and support;and WHEREAS,although family caregiving can be a rewarding experience,it often comes with consequences such as increased risk for health issues from chronic stress,less time to take care of self,fewer social relationships,reduced hours of employment and increased demands on financial resources;and WHEREAS, family caregivers deserve to be acknowledged and appreciated for the compassionate care they provide in countless situations across our communities,and WHEREAS,it is important to recognize the many contributions of family caregivers and encourage our communities,health providers,employers,and others to support their invaluable efforts; NOW THEREFORE,I,Steven B.Grant,by virtue of the authority vested in me as Mayor of the City of Boynton Beach,Florida, hereby proclaim November 2020 as: National familg Car�zgiv�zrB Month IN WITNESS WHEREOF,I have hereunto set my hand and cause the Seal of the City of Boynton Beach,Florida,to be affixed at Boynton Beach Florida,the 4th day of November,Two Thousand Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Proclaim November 16- 22, 2020 as"Entrepreneurship Week" for the City of Boynton Beach. David Scott, Director of Economic Development and Strategy, will accept the proclamation. Explanation of Request: N/A How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: N/A Strategic Plan: Building Wealth in the Community Strategic Plan Application: The City of Boynton Beach is encouraging more innovation, more jobs and a stronger economic ecosystem by encouraging the development of entrepreneurs through grants, incubator and coworking space,and networking opportunities CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Proclamation Entrepreneurship Week Proclamation Page 12 of 919 M�ea A pro e I CGArn Cation WHEREAS, Global Entrepreneurship Week is a celebration of innovators who dream big and launch startups that bring ideas to life,and WHEREAS, each November, Global Entrepreneurship geek reaches millions of people through local, national and global events and activities,and WHEREAS, Global Entrepreneurship Week connects participants to a network of nascent entrepreneurs,and WHEREAS,entrepreneurs advance innovation,create jobs,and build wealth,and WHEREAS,the City of Boynton Beach is encouraging more innovation,more jobs and a stronger economic ecosystem by encouraging the development of entrepreneurs through grants, business incubation and coworking space, and networking opportunities,and WHEREAS, during this week we encourage youth as well as all residents throughout Boynton Beach to explore innovative ways in which entrepreneurship education can bring together the core academic, technical and problem- solving skills essential for the success of our City's future entrepreneurs;and, WHEREAS, the Boynton Beach City Commission encourages connecting education to economic growth industries, recognizing that entrepreneurship and small business creation are the growth engines of any economy; NOW,THEREFORE,I, Steven Grant,Mayor of Boynton Beach do hereby proclaim November 16-22,2020 as: entr¢prmizambip W1z7_k in bognton 8Qaeb. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach,Florida,the 4th day of November,Two Thousand and Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC,City Clerk 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: A Veterans Day Ceremony will be held on Wednesday, November 11, 2020, at 11:00 a.m. at the Tom Kaiser, USN, Boynton Beach Veterans Memorial Park. This event is produced in partnership with the Boynton Beach Veterans Task Force. CDC guidelines will be followed. Explanation of Request: How will this affect city programs or services? No Affect Fiscal Impact: Non-budgeted No Impact. Alternatives: Not to make the announcement. Strategic Plan: Boynton Beach Branding Strategic Plan Application: The advertising and hosting of special events encourage residents and visitors to visit our Parks. CLIMATE ACTION APPLICATION: None Is this a grant? Grant Amount: Page 14 of 919 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Announcement by Diane Valentini from Recreation and Parks about the Oceanfront Bark special event held at Oceanfront Park beach. The event is scheduled for Saturday November 21, 2020, from 9 am- 12 noon. Explanation of Request: The Recreation & Parks Department welcomes well behaved dogs to "paw-ty" on the beach for the third year at Oceanfront Bark. The first of four events is scheduled for Saturday, November 21, 2020, from 9 am- 12 noon and then every 3rd Saturday in December, January, and February. Dogs must be appropriately licensed, and will be allowed off leash in a fenced off designated area near the south end of the beach. Any dog acting aggressively will be removed from the event promptly. How will this affect city programs or services? Parking will be free during the event from 9 am- 12 pm. Fiscal Impact: Non-budgeted No fiscal impact. Alternatives: Host the event and charge for parking. Do not host the event. Do not make the announcement. Strategic Plan: Building Wealth in the Community, Boynton Beach Branding Strategic Plan Application: Hosting a special event to encourage residents and non-residents to visit Oceanfront Park beach. CLIMATE ACTION APPLICATION: No impact on climate action. Is this a grant? Grant Amount: Page 15 of 919 3.E. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Announce the Solid Waste Division will be having Tire Amnesty Week for City Residents from November 2nd through November 6th, 2020. Explanation of Request: Tire Amnesty Week will be held during the week of November 2nd through November 6th, 2020. During that week residents may place at the curb up to eight(8) car and/or passenger tires (with or without rims) for pick up. • Tires will be picked up on the scheduled bulk trash day in your neighborhood. • Tires must be placed at the edge of the road at least three (3) feet away from your garbage cart and any other fixtures, such as telephone poles, mailboxes, etc. • Keep tires and vegetation separated. If you have any questions you can contact the Solid Waste Division of Public Works at (561) 742-6200, Monday-Friday, 7:30 a.m. to 4:30 p.m. How will this affect city programs or services? Fiscal Impact: Budgeted Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: Page 16 of 919 3.F. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Reminder: City offices &the Library are closed on Wednesday, November 11, 2020 in observance of Veterans Day. Explanation of Request: Reminder: City offices&the Library are closed on Wednesday, November 11, 2020 in observance of Veterans Day. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 17 of 919 3.G. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: The PBC Health Care District Mobile Covid-19 testing unit will be coming back to Boynton Beach on the following dates: Friday, November 6, 2020 at the Boynton Beach Mall Monday, November 9, 2020 at the Ezell Hester Center Monday, November 16, 2020 at the Senior Center The unit will be open from 9am to 4pm. An informational flyer is attached. Explanation of Request: Testing is free. You will need to bring your driver's license or a valid photo I.D. You must wear a facial covering. Testing is open to all ages and you do not need to be symptomatic. For more information regarding the testing please call the Testing Hotline at 561.642.1000. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum Covid-19 testing flyer Page 18 of 919 Health Care District PALM BEACH COUNTY COVID-19 Mobile Health Clinic Testis �r}1i�ll�f s+ l �1VlPI'IAf � . sCOUt ,.� VO Free t Free COVID-19 testis is available to all Palm Beach Count residents. g v Look for the Health Care District Mobile Health Clinics, Warrior and Scout, coming to your area. "�s"�y rs��,,�u • Free walk-uptestis at our mobile clinics there may be wait times g � Y ) • Bring a drivers license or photo ID • Please wear a mask and practice social distancing if waiting • Testing is open to all ages and you don't need to have symptoms to be tested s • A nasal swab test will be administered • Follow all instructions from local Law Enforcement • There are no bathrooms at the testing locations ,51 • Results are provided as soon as they are available -} • Call the Testing Hotline at 561-642-1000 if you have any questions R,01,tis} r+, s+i$t}3 SSU) l4r`tS i}ijtr��i4Z z � Atl ik Health Care District PALM BEACH COUNTY OWN Health Care District of Palm Beach County Testing Facilities FITTEAM Ballpark of the Palm Beaches 5444 Haverhill Rd., West Palm Beach Tuesday through Saturday, 8 a.m. — Noon C. L. Brumback Primary Care Clinics at Lakeside Medical Center 39200 Hooker Hwy, Belle Glade M';� Monday through Friday; 8 a.m. — Noon C. L. Brumback Primary Care Clinics 1150 45th St. West Palm Beach Monday through Friday; 8 a.m. — 11 a.m. C. L. Brumback Primary Care Clinics 411 W. Indiantown Rd. Jupiter p� vtri'v� Tuesday, Wednesday, Friday; 8 a.m. — Noon t, C.L. Brumback Primary Care Clinics �r�' {i 225 S. Congress Ave, Delray Beach Monday through Friday; 8 a.m. - Noon C. L. Brumback Primary Care Clinics 1250 Southwinds Dr., Lantana First Responders and Emergency Workers Only 11' +4}s - 1�4y,��\i 4 t `N 00 3.H. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: The City Commission will have a workshop meeting at 5:00 p.m. on Thursday, November 12th to discuss the City's affordable and workforce housing programs/ordinance. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 21 of 919 3.1. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Update on the Town Square Project from E21- Solutions and J KM Developers, Inc. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment J KM Private Development Update Page 22 of 919 2300 Glades Road M Suite 202 East Boca Raton,FL 33431 DEVE PERS Office: 561-886-6684 Ms.Lori LaVerriere, City Mgr. Via Email City of Boynton Beach, FL City Hall: 100 E. Ocean Ave. Boynton Beach, FL 33435 (LaVerriereLnbbfl.us) Boynton Town Square City Commission Update-Private Sector November 4, 2020 North Parcel 2, Mixed-use Building and North Parking Garage: • Negotiations between the City, a Workforce Housing Developer and separately with JKM have taken place. The Workforce Housing Developer involved is Affiliated Development. The goal has been to accelerate the construction of the North Mixed-use Building and North Parking Garage. Affiliated has had meetings with City Staff and JKM on different occasions. Negotiations have centered around JKM deeding the North Parcel 2 back to the City. It is anticipated that the City would then enter into a Development Agreement with the Workforce Housing Developer to build the north mixed-use building on an accelerated schedule. Affiliated has requested a meeting of all parties to discuss business points. It is requested that the Commission give direction to Staff to negotiate with the parties. South Parcel 7,Parking Garage and Apartments: • Final review of Building Permit is in process. Video conference with City Reviewers, Project Architects & Engineers has resulted in a garbage service re-design. The re-design is complete and will be submitted for review 11/06/20. • Efforts to secure construction debt for the South Parking Garage and South Apartments continue. Debt financial markets are tied to COVID 19. • The effects of the COVID 19 Pandemic on construction debt lending are unknown and indeterminate in nature. • JKM Principals, with the best advice of professional consultants believe securing construction debt in the first quarter of 2021 is possible. This is a forward-looking statement and must be regarded as such. A forward-looking statement predicts, or projects future events as expectations or possibilities. For example, should construction financing close and the South Parking Garage construction start upon closing on February 1, 2021, the Garage could receive a Certificate of Occupancy on November 8, 2021. Assuming the same construction finance closing date, the South Apartments would start July 1, 2021 and complete June 1, 2023. Page 23 of 919 Central Parcel 3, Mixed-use Building: • The Central, Parcel 3 Mixed-use Building has been re-designed for 175 Apartments with 8,400 square feet of restaurant space. • An administrative amendment to the Master & Site Plans will be submitted first quarter 2021. Respectfully submitted, John Markey JKM Developers, LLC-Coconut Northlake, LLC Letter of Intent 7/6/2020 Page 2 of 2 Page 24 of 919 5.A. ADMINISTRATIVE 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Approve the request of Commissioner Hay to distribute $250.00 of his Community Support Funds to Pathways to Prosperity. Explanation of Request: Commissioner Hay requests to distribute $250.00 of his Community Support Funds to Pathways to Prosperity. The funding will be used for the Healthier Boynton Beach (HBB) Caregivers Appreciation event. November is National Caregiver Appreciation Month and HBB would like to host an event to appreciate the caregivers. How will this affect city programs or services? N/A Fiscal Impact: Community Support Funds of$2,000 for each Commission member were approved in the FY 2020/2021 budget. Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Community Support Funds Request Form Page 25 of 919 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: 10/21/2020 Requested by Mayor/Commissioner: Commissioner Woodrow L. Hay Amount Requested 1250.00 Recipient/Payee: Pathways to Prosperity Descri tion of project, program, or activity to be funded: Healthier Bo nton Beach HBB CaregiversAppLeciation Event. November is National Caregiver Appreciation Month and HBB would like to host an event to appreciate the care fivers. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $2,000.00. The balance of funds available for the requesting Member of the Commission is $2,000.00. Accordingly: X There are funds available as requested ❑ There are insufficient funds available as requested Dated: 1 10- 1; ByL 1 f� City Clerk Part III-Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entire community served by suc' donation X Dated: By: ) . Reques ing Member of tho ' Y ommission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2020-2021\Comm Hay-Pathways to Prosperity FY 2021.docx Page 26 of 919 5.B. ADMINISTRATIVE 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Approve the request of Mayor Grant to distribute $250.00 of his Community Support Funds to the Chevy DTV Foundation. Explanation of Request: Mayor Grant requests to distribute $250.00 of his Community Support Funds to the Chevy DTV Foundation. Funds will be used to obtain an FDLE Background 2 check and provide educational and electronic support for the senior community. The goal is to teach seniors how to pay bills, shop for essentials, and communicate with family and friends. How will this affect city programs or services? N/A Fiscal Impact: Budgeted Community Support Funds of$2,000 for each Commission member were approved in the Fiscal Year 2021 budget. Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Community Support Funds Request Form Page 27 of 919 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part 1 -Summary of Request(to be completed by City Clerk) Date of Request: Requested by Mayor/Commissioner: Mayor Steven B. Grant Amount Requested: $ 250.00 RecipienVPayee: -Chevy DTV Foundation Description of project,program, or activity to be funded: Provide funds to obtain an FDLE Background 2 check and provide educational and electronic -su2port for the senior community.The goal is to teach seniors how to pay bills,sho�for essentials,and communicate with family and friends. Part II -Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $ 00 . The balance of funds available for the requesting Member of the Commission is $ ' . Accordingly: .. There are funds available as requested There are insufficient funds available as requested Dated. " BY: City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a dear public need, purpose and benefit E3/ The recipientipayee provides services within the City The public,purpose is beneficial to the ep,it m nity served by such donation E Dated: By: Requesting Meiviber of"the City Commission Page 28 of 919 5.C. ADMINISTRATIVE 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Approve the request of Mayor Grant to distribute $500.00 of his Community Support Funds to Boynton Strong Community Outreach and Training, Inc. Explanation of Request: Mayor Grant requests to distribute $500.00 of his Community Support Funds to Boynton Strong Community Outreach. Funds will provide Boynton Strong the ability to buy supplies, hire independent contractors and dispose of trash and litter in Boynton Beach. $300.00 is to be spent on day laborers at a rate of no more than $15.00 an hour. How will this affect city programs or services? N/A Fiscal Impact: Budgeted Community Support Funds of$2,000 for each Commission member were approved in the Fiscal Year 2021 budget. Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Community Support Funds Request Form Page 29 of 919 R35-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part 1 -Summary of Request(to be completed by City Clerk) Date of Request e,24, Requested by Mayor/Commissioner: Mayor Steven B. Grant Amount Requested: $ 500.00 Recipient/Payee: Boynton Stron W, Community Outreach Description of project,program, or activity to be funded: Funds will provide Boynton Strong the ability to buy supplies, sire independent contractors and dispose of traT,litter in oynton le-a-Ji. ,300.00 to Be spent on day laborers at a rate of no more than$15.00 an hour. Part II -Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is$,2,&Va0 . The balance of funds available for the requesting Member of the Commission is Accordingly: iThere are funds available as requested D There are insufficient funds available as requeste Dated: . s �..._ By: by Clerk Part III-Eligibility Evaluation L/Public funds will not be used to improve private property unless there is a dear public need, purpose and benefit I „ The recipient/payee provides services within the City The public purpose is beneficial to the enti :6om unit f' by such donation rr " t " . Dated � s BY Requesting Mem b of the City Commission Page 30 of 919 5.D. ADMINISTRATIVE 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: The attached list contains the names of those who have applied for vacancies on the various advisory boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. How will this affect city programs or services? Appointments are necessary to keep our advisory boards full and operating as effectively as possible Fiscal Impact: Non-budgeted Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Building Wealth in the Community CLIMATE ACTION APPLICATION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Appointments and Applicants for November 4, 2020 Addendum Patterson, Frando Page 31 of 919 Appointments and Applicants for November 4, 2020 Building Board of Adjustments and Appeals IV Penserga Alt 2 yr term to 12/21 Mayor Grant Reg 2 yr term to 12/21 I Katz Reg 2 yr term to 12/21 Applicants: None Education and Youth Advisory Board IV Penserga Alt 2 yr term to 12/21 (Tabled 2) Mayor Grant STU V 2 yr term to 12/21 Applicant: Patterson, Frando Library Board III Romelus Alt 2 yr term to 12/20 IV Penserga Alt 2 yr term to 12/21 Applicants: None Page 32 of 919 , 1q ► Cher Guberman, Catherine From: pamfran <noreply@123formbuilder.io> Sent: Tuesday, March 10, 2020 10:06 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 03/10/2020 Name Frando Patterson Phone number 615-596-2143 Address 604 NW 25th Ave Boynton Beach Florida 33426 United States Email pamfran@bellsouth.net Current occupation or, if Director of Testing and Evaluation retired,prior occupation Education Master Degree Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a No City board? Have you served on a City No board in the past? If"yes",which board(s)and when? Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Education and Youth Advisory Board Personal Qualifications I work for Florida Atlantic University as the Director of Testing and Test Prep and have a great interest on work we can do for the students in our community. I am a retire master SGT with 31 years in the military and my primary duties was with education and training. I think I can bring a lot of real life experience to this board Professional Memberships Council Member Florida Association of College Test Administrators Page 33 of 919 Feel free to attach/upload an extra sheet or resume. Certification I,the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed,any false statements may be cause for removal from a board. The message has been sent from 131.91.7.200(United States)at 2020-03-10 09:05:32 on Chrome 80.0.3987.132 Entry ID:382 Referrer:htt Form Host: r)s;ll/w,�,iw. 23for:yib ild ,i m p r' a AL.a�o: :nei": F,)r,)Iication 2 Page 34 of 919 6.A. CONSENTAGENDA 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Approve an increase to Purchase Order PO#201223 for $53,500.00 issued to EnviroWaste Services Group, Inc for emergency cleaning of Master Pumping Station#317 wet well. With the proposed increase the new purchase order will be $83,000.00. Explanation of Request: During fiscal year 2020, Boynton Beach (Utilities) procured the services of EnviroWaste Services Group, Inc. for the purpose of performing maintenance at Master Pumping Station 317, which is our busiest station in the collection system. The work included pumping out and cleaning out the wet well to remove floating wastewater debris. Due to the presence of above normal excess sanitary wipes and rags present in the wet well, additional cleaning and maintenance was needed. The scope of work is complete and this payment with FY 2020 funds. Due to the increasing need for these services the utility is also considering procurement alternative including issuing a bid for this type of service. How will this affect city programs or services? Approval for the purchase order increase will allow for uninterrupted maintenance services. Fiscal Impact: Budgeted Budgeted. Funds are budgeted and available: 401-2816-536-46-51 Alternatives: None. Disruption in the performance of maintenance will result in pump failure and my result in sanitary sewer overflows which create regulatory infractions, and endangers the environment and the public. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Page 35 of 919 Grant Amount: ATTACHMENTS: Type Description D Purchase Order Purchase Order issued to EnviroWaste D Addendum Requisition Page 36 of 919 � PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA► ,fit PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O.X 310 #: 201223 BOYNTON BEACH,BFLORIDA 33425-0310 DATE: 06/02/20 VENDOR 18200 SHIP TO: TO: ENVIROWASTE SERVICES GROUP, IN City of Boynton Beach 18001 OLD CUTLER RD, SUIT EAST UTILITY ADMIN PALMETTO BAY, FL 33157 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. 76488 ORDERING DEPARTMENT: UTIL/ WWLS/ MDC •' DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 120 . 00 HR WET WELL CLEANING VIA VACTORS, 200 . 0000 24000 . 00 PUMP TRUCK, AND Confine Space Entry. 2 1. 00 WK 12 BY-PASS PUMP SYSTEM, .: 4000 . 0000 4000 . 00 3 1. 00 WK 24 - 48 PLUG 1500 . 0000 1500 . 00 REMARKS: CLEANING FOR MASTER LIFT STATION #317 LOCATED AT 1527''W. BOYNTON BEACH BLVD. VENDOR WILL SUPPLY BYPASS PUMP SYSTEM 57 C - 01 RECEIVED JUN 0 4 2020 Boyrdon Beach UtifitieS PROCUREMENT SERVICES: P.O. TOTAL: 29500 . 00 ACCOUNT NO. PROJECT 401-2816-536.46-51 de DEPARTMENT Page 37 of 919 REQUEST FOR REQUISITION H.T.E.ENTRY DATE: 5/28/2020 H.T.E.REQUISITION# 76488 Clerk: _ MDC _. Procurement Asst: Director: y ...._ � /'y ------- City Manager(non budted capital and/or$5000+): REASON FOR PURCHASE: Master lift station#317 located at 1527 W Boynton Beach Blvd. needs cleaning. We are going with the vendor Envirowaste Services Group, LLC. They are charging more but they will supply their own by-pass pump system. The other vendor Shenandoah will not supply their own by-pass pump system. We will have to supply the by-pass pump system (in house)which will be additional costs which will exceed what Envirowaste Services Group charges are. VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: EnviroWaste Services Group, Inc. Admin. ( ) Date: 5/28/2020 ASAP (x ) — _ ........ _ _._ -.___............... Address: 18001 Old Cutler Road, Suite 554 Engineering ( ) Date Needed: 6/11/2020 Confirm. ( ) _ — . -Palmetto Bay, FL 33157 Cust. Rel. ( ) ASAP/Conf. ( ) ......... ..... _ Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): (877)637-9665 'Water Qual. ( ) Quotes/Verbal ( ) E. Admin. 40 (x) (over$500) Pumping (x ) Quotes/Written (x ) E. WTP 41 ( ) (over $2000) _. Vendor Number 18200 PWTreat. ( ) Bid Docs. O W.WTP 42 ( ) ................................_..... Meter Serv. ( ) Sole Source Ltr. ( ) P/U 99 ( ) - ------------------- INITIATOR: ------INITIATOR: Tremaine Johnson, Field Sewage ( ) Insurance ( ) Special Instructions: Operations Manager Re uirements: ......... ----- APPROVED: Strmwtr. O Project Number: Quan Unit Pr Description &`Part Number Fund Deat Basic Elem Obi -Amount _ _ 120 HR $200.00 Wet Well Cleaning Via Vactors, Pump 401 2816 536 46 51 $24,000.00 Truck, and Confine Space Entry 1 $4,000.00 12" By-pass Pump System 401 2816 536 46 51 $4,000.00 Weekly i 1 $1,500.00 24"-48" Plug 401 2816 536 46 51 $1,500.00 Weekly TOTAL 401 2816 536 46 51 $29,500.00 _ ........w .... Page 38 of 919 The City of Boynton Beach Utilities Department 124 E. Woolhright Road Boynton Beach,Florida 33435 Phone(561)742-6400 FAX.(561 742-6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Master lift station#317 located at 1527 W Boynton Beach Blvd. needs cleaning. We are going with the vendor Envirowaste Services Group, LLC. They are charging more but they will supply their own by-pass pump system.The other vendor Shenandoah will not supply their own by-pass pump system. We will have to supply the by-pass pump system (in house)which will be additional costs which will exceed what Envirowaste Services Group chanes are. VENDOR #1: Envirowaste Services Group, Inc. DATE: 5/18/2020 CONTACT PERSON: Zeferino Betancourt PHONE NUMBER: (877) 637-9665 QUOTE: $29,500.00 VENDOR#2: Shenandoah General Construction LLC DATE: 0 5/27/2020 CONTACT PERSON: Perry Hoff PHONE NUMBER: (954) 975-0098 QUOTE: $23,170.00 VENDOR#3: Johnson Environmental DATE: CONTACT PERSON: Allan Lange PHONE NUMBER: (800) 767-9594 QUOTE: We reached out on numerous occasions they have refused to do the job and no response when we try and reach out to them. ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 39 of 919 CITY OF BOYNTON BEACH REQUEST FOR PURCHASEOVER 109000 Date: 1-Jun-20 Requesting Department: Utilities Contact Person: Tremaine Johnson Explanation for Purchase: Master lift stations #317 located at 1527 W. Boynton Beach Blvd. needs cleaning. We are going with the vendor Envirowaste Services Group, LLC. They are charging more, but they will supply their own by-pass pump system. The other vendor Shenandoah will not supply their own by-pass pump sysyem. We will have to supply the by-pass pump system (in house) which will be additional cost which will exceed what Envirowaste Services Group charges are. Recommended Vendor Envirowaste Services Group, Inc. Dollar Amount of Purcho se $29,500.00 Source for Purchase (chock ead attach backup materials): Three Written Quotations x� GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 401-2816-536-46-51 Approvals: Department Head . m Date Purchasing Agent Date Asst City Manager - Date City Manager Date Form Revised 02/01/02 Page 40 of 919 nk0HH'C�Y(D(D W r zr rnnr.HHI P"P p H I WH (n (DmHr-- npl0 Q w N H7, w N H 1 Pd x (D(D P)LQ O`.r H t+] t] H V a—�Vp m H-I"S (n ro C lyOmp w H Yk N H nE d 10 ££Crt WL4H H (nnA wnN venom M H c,' �3'�Y(D 10 0C H CO (".O (1,0dH I w O H 0)H- m�FCO. O mai W31 WX bJ3rn I n w rtnrtGBOH z o 0 on n3 n:9W n3r-E 1 xJ r H 701010Ii i H H HO I O O IA 00�4 OOClM H O H M 10 (DOp n N N NO Sum 3u 1 30(Dr ro n H p£MHU) £(D O M o w 3H 3Hro 3H r H � O ts0)(D 3 H H H 0.9 Oy> Oy(n H H z H.F-td CO G CO a 3 rn rn M H 0 FC ro d K(n U IC n O H 1i F-jt rt rt rt rt w M (n w w r (n Al r Z O W O H�V(D (D z w w w I C", n[] I ' 1C £d'"<(DBrt n H m m m wEG] (n�ro wE(D SL(D H•• �w H In � .A til> t y y C� w y U) rt11 (D(D(D rn m m EH Ey3 E1-3CJH I LTJ q rt Q)�3' y' ti AI w w Ln W M t1l tsi ro t+]M h z 1 (D a(D O.Y C 0 H H H 1 :U� x1 xa xd�rt G) 1 w H R. :E(D I w n H r (nH-tYp H-np 1 r() Ll 10 C rmlCC (D rt-< O H(D LO I H L i H M(n HM- H rt H• I d'rtHm- '-JE '11:2 F-3 ITJE H COld,<�' rMtr�rx -3 y>W Hb H E H-p p1 i (DUlGlE Ht3lHt�]HM Gl n3 ,n C r E 00)0010 FjGfi(D 1.1ro�ro131ro I wtxj M (nw I H r (DHmW 'd0 H>y>1.3> y H H n H w N N 410::N H H HHnl 1 010m(DHrdN wx1wS'd(nM y� H. HPO O 1 K O rt'd D o rt rw H H H z y z I-3 Z I-3 - 3 0 r-En Fl "l:7r0 HHHHHH I ED U]3 U]3 I Z n Zro 10 M10 (DnH- OzOOZ R,M R1M R,t-J £"< CO F-- p Z1-3z1-3z1-3 I t+J vy roH roH 3 1 n t3'(A(!i�11 W til t+] �H-rte(D y xoz;dIPOz ;7 ro 1 0 n(D N Cl O.'Y£ M Lam] LTJ M i H t J H LTJ H tilI I-t tV rt Ai£(D H- L=i !d ro ro wa0 MDwKJ H w (D p pl<rt 0 Pr)>0>0 (D >L .r Ci Ht+]HW H 1 Ca" I (n H-H-• O 0) H xl M n I I H �� Om H C C C (n �w ro H w w (n n 1 v z LTJ Hci O G) mH n z d En zm H 0 1 H .. .. w m I M W GI u 3 H w I z C w z I L-J 1 � M 1 r I I b LTJ I-3 ro 10 x H i H ��i ZG H cI H t 7 y N I Z O > in I trJ I H H o 1 H ro r ro H n HI u H Hro H q ro o 0 0 1 y ITJ x7 H ;tl M Z 1 C o 0 o I r< H O Oy 0 til I �o I C 4 t+] C-I 'TJ Z Lil C~ H U)b H n O I O C x x 3 N yyr w ITl H r'd1 •�• $d Ul I O H •r'�1• I H trJ H O 0 3 I NN p H i z Z O ',b ',b W W H O H IP C O r H Ul w z Ln O N H W O H 1 130 H O O O "d H O I-S I Hoo H H o 0 o I O a a Hi o00 0 o 0 0 nq r O I 000 z 0 0 o OZ w O ao I coo r o 0 0 1 WH y ao Z 1 COOp o 0 o i HH tl H O I w Lzl H 1 LTJ ty M 1 lfl H 4- IA I H H O I I in w o 0 1 LTl n z H H H I I O O O 0 1 >q M H y 0 0 0 1 0 0 0 o OH M w xl OW N Jy O O O I w a a n 0 o O I C I o 0 0 o HU ;U H 0 0 0 HM 1 O E I NcoZ I I C," z I M N)t-J I 1 ro w 0 A00 1 0 I 00 0�a I 1 r< .. H z OxZZI z O xMc I z Z Z H M ' I Oril O I I d Z0� Cty+7 ' C � C tl] i H G1 i 1 trJ Sd xJ trl in 1 z O Z LTJ u td Z t-J;d O 1C N N 1 x�C 1 '�d �o H .P .A 1 LTJ H 1 1 u d 0 0 0 0 HrM > H H 0 0 0 00 COw I y M M 0 0 0 02 Zug 0 0 0 01-3 wx7 [ro 1W H o H H H N N Oz page 41 of 919 ENVIRU WASTE SERVICES GROUP ENVIROWASTE SERVICES GROUP, INC. SPECIFIC WORK ORDER BETWEEN ENVIROWASTE SERVICES GROUP, INC. And City of Boynton Beach Site: 1527 W Boynton Beach Blvd, Boynton Beach FL 33436 The parties to this Specific Work Order are parties to this Professional Services dated May 18._2020 (the "Agreement"). The parties hereto agree that all of the terms and conditions set forth in the Agreement are in full force and effect and incorporated herein by reference. The terms and conditions of the Agreement shall govern and control over any inconsistent terms or conditions contained in this Specific Work Order except as to the scope of work to be performed and the fees for such work which are set forth herein and which shall control. Capitalized terms used in this Specific Work Order that are not otherwise defined herein shall have the meanings ascribed to them in the Agreement. RE:Proposed Master 317 Wet Well Cleaning: Qty: Unit: Unit Price: Total: Wet Well Cleaning Via Vactors,Pump Truck,and Confine 120 HR $200.00 $24,000.00 Space Entry 12"By-pass Pump System 1 Weekly $4,000.00 $4,000.00 24"—48"Plug 1 Weekly $1,500.00 $1,500.00 Total:$29,500.00 •By-pass System and plug are charged weekly.Additional weekly charge will be added if job takes longer than a week. •Hourly charge begins once truck arrive on site;Travel time to and back from Disposal Facility will be charged under hourly price. •If project takes longer than estimated quantity hours,same rate will apply thereafter. •City will provide location for disposal. AA permit fees excluded 1r m this proposal SERVICE CHARGE: IF ANY PAYMENT DUE HEREUNDER OR PURSUANT TO ANY SPECIFIC WORK ORDER IS NOT RECEIVED BY THE CONSULTANT WITHIN THIRTY (30) DAYS AFTER ITS DUE DATE, A SERVICE CHARGE IN THE AMOUNT OF ONE AND ONE-HALF PERCENT '(1.501.) OF THE UNPAID BALANCE WILL BE CHARGED TO THE CLIENT(THE-'SERVICE CHARGE"). THE SERVICE CHARGE SHALL BE APPLIED MONTHLY AND ANY PREVIOUSLY UNPAID SERVICE CHARGE WILL BE ADDED TO THE UNPAID BALANCE.The Client hereby authorizes the Consultant to commence the work (commencement date) required under this Specific Work Order on IN WITNESS WHEREOF,the parties have duly executed this Specific Work Order as of the day and year first above written. "CLIENT"City of Boynton Beach "CONSULTANT"(ENVIROWASTE SERVICES GROUP,INC.) Site: 1527 W Boynton Beach Blvd. A Florida Corporation Zeferino Betancourt Superintendent TITLE TITLE 05/18/2020 DATED DATED Headquarters: 18001 Old Cutler Road, Suite 554, Palmetto Bay,FL 33157 Office (877)637-9665 1 Cell (786) 527-4831 Offices: Miami, FL * Orlando, FL * Tampa, FL Page 42 of 919 Form Request for Taxpayer Give Form to the (Rev.December 2014) identification Number and Certification requester.Do not Depart mantoftheTreasury send to the IRS. Internal Revenue Serv4oe 7 Name(as shown an your Income tax return).Name is required on this lire;do not leave this line blank. EnviroWaste Services Group,Inc. N 2 Business name/disregarded entity name,if different from above m or a 8 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 ❑lndMdualtsole proprietor or Q C Corporation ❑S`Corporation ❑ Partnership- ❑Trust/estate instructions on page 3): Ca rn single-member LLC C Exempt payee code(If any) Z' ❑Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► p Note.For a single-member LLC that is disregarded,do not check LLQcheck the appropriate box in the line above for Exemption from FATCA reporting =rn the tax classification of the single=member owner. code(if any) a'L' ❑Other(see instructions)► [Maass ro mount[m.r u.aad Mddo rw USJ 4= 5 Address(number,street,and apt.or suite no.) Requester s name a o nd address(optional) 18001 Old Cutter Road,Suitt:554 y _'_t.. ...d s City,state,and ZIP code Palmetto Bay,FL 33157 7 List account numbers)here(optional) _....� � Taxpayer identification Number(TIN) Falter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid social security number backup wlien, ole For individuals;this is generally your social security number(Sag).However,fora 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 Now to get TIN on page 3, or Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for I Employer identification number guidelines on whose number to enter. 6 5 - 0 8 2 9 0 9 0 JIMMO-Certifi 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. l 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. 1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting i9 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 pain,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 1► Date► `) d General lnstructlof •Form 1,098(home mortgage interest),11098-EI (student loan interest),1098-T (tuition) Section references are to the Inter.=1:Rev ae Code unless otherwise noted. .Form 1099-C(canceled debt) Future developments.Information aura 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.1rs.gov/1w9. Use Form W-9 only If you are a.U.S.parson(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 do not return Form W-9 to me requester with a T?N,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(MN),adoption taxpayer identification number WnN),or employer 1.Certify that the TIN you are giving is correct(or you are waking for a number Identification number(EIN)'to report on an Information retum the amount paid to to be issued), you,or other amountreportable on an informatiorrreturn.Examples of information rectums 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 pakli 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 carlifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade.or business isnot 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 1099-8(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indica ling that you are brokers) exempt from the FATCA reporting,is correct.See What is FATCA repoRing?on •Form 1099-5(proceeds from real estate transactions) page 2 for further information. •Form 1099-K(merchant card and third party network transactions) - Cat.Na 10231X Form w-$(Rev.12-2014) Page 43 of 919 Page 1 of 2 r, 1_04"_1ENAND0A. "O;� 1868 NW 22nd Street Pipe inspection&Restoration Specialist Pompano Beach,FL.33069 (954)975-0098 shenandoahconstruction.com DATE:May 27,2020 PROPOSAL#P17640 SUBMITTED TO:Boynton Beach,City of STREET: 124 East Woolbright Road CITY,STATE&ZIP:Boynton Beach,FL 33435 PHONE:(561)742-6422 FAX: EMAIL:johnsontr@bbfl.us JOB NAME:Cleaning Master Station 317 ATTENTION:Tremaine Johnson We propose to furnish a crew and all necessary equipment to city to setup bypass pump and plug and pump down station we will remove as many solids as possible,rags etc.We will drain as much liquid as possible at the station prior to dumping at the approved site in Boynton.provided by the city There may be issues that prohibit us from getting as much solid debris as the city expects per load.We can explain on site why if a representative from the city is present.Our goal is to get 15-20 cubic yards of sludgy debris from the station per day.The estimate below is to supply 2 Large Vac truck with an operator a support truck and 2 helpers for 4 days.at the above mentioned job location.This work will be performed at our following hourly and/or unit prices: Jet Vac Truck(Tandem Axle)X 2 Vac (at$500.00 Per Hour) 40 hour(s) $20,000.00 Support Truck (at$35.00 Per Hour) 40 hour(s) $1,400.00 Disposal Pass Through Delray Regional Plant (at$0.00 Per Truck Load) 0 truck load(s) $0.00 Flex Hose 6" (at$1.85 Per L.F.) 200 L.F. $370.00 Additional Third Man working Flex M;se (at$35.00 Per Hour) 40 hour(s) $1,400.00 Estimated Total: $23,170.00 NOTE:One way travel time for all hourly vehicles listed above.Three hour minimum.This proposal includes removal of all loose debris from the structures only.Pipe/s not included. (excluding hazardous waste),if non-hazardous contaminated liquids or soils are encountered,such as oil,gas,fuel,hydraulic oil,etc.,the customer will be required to have the material analyzed,by an approved lab,then approved by a disposal facility,prior to Shenandoah transporting and disposing of the material,additional cost for specialty hauling and disposal will be applied to the invoice,along with documented receipt..However,we are not responsible for problems occurring during or after cleaning due to pre-existing condition,original installation or design. This proposal may be withdrawn if not accepted within 30 days.Payment terms net 30 days. (If we encounter an Insurance compliance fee requirement,this fee will be invoiced in addition to the above rates.) All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices.Price above is only an estimate of foreseen conditions.Unforeseen conditions can affect the amount of time to complete the work,therefore increasing or decreasing estima+e.All agreements are contingent upon strikes,accidents or delays beyond our control.Unless noted above engineering,permits,testing and bonds are not included in the pricing.Owner is to carry fire,tornado and other necessary insurance.Our workers are fully covered by Workman's Compensation Insurance.Parties to this proposal/contract expressly waive all tort claims against each other and limit their remedies to breach of contract. Page 44 of 919 Page 2 of 2 n 1888 MEW 22nd Street Pipe inspection&Restoration Specialist Pompano Beach,Pi„33069 (954)975-0098 shenandoahconstruction.com SIGNATURE: � t SHENANDOAH GENERAL CONSTRUCTION CO. TITLE DATE Perry Hoff Estimator 05/27/2020 ACCEPTANCE OF PROPOSAL/SIGN&RETURN The above prices,specification and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified. SIGNATURE: COMPANY NAME: DATE: REPRESENTATIVE: TITLE: Page 45 of 919 Form Request for Taxpayer Give Fore,to the (Rev.October 2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Gc to www.irs.gov1FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Shenandoah General Construction LLC 2 Business name/disregarded entity name,if different from above M 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to mfollowing seven boxes. certain entities,not individuals;see a instructions on page 3): o ❑ Individual/sole proprietor or F-10 Corporation ElS Corporation ElPartnership ElTrustlestate e single-member LLC Exempt payee code(if any) CL ❑✓ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► C `p Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any) a another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. .� Other(see instructions)11- (Applies to accounts maintained outside the U.S.) y ❑ N 5 Address(number,street,and apt or suite no.)See instntctions. Requester's name and address(optional) a 1888 NW 22 Street rn 6 City,state,and ZIP code Pompano Beach,FL 33069 7 List account numbers)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,fora resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later. Or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 51 9 1 7 0 7 6 7 3 JEW 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 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are Doi required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later. Sign Signature of f Here I U.S.person► " Date 0- May 19, 2020 ; General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless-otherwise .Form 1099-MISC(various types of income,prizes,awards,or gross noted, proceeds) Future developments.For the latest information about developments .Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/F`ormW9. .Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption .Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) Page 46 of 919 Czecholinski, Michelle From: Johnson, Tremaine Sent: Thursday, May 28, 2020 8:41 AM To: Czecholinski, Michelle Subject: FW: Master L/S cleaning Tremaine Johnson Manager, Field Operations , Boynton Beach Utilities- City of Boynton Beach 124 E.Woolbright Rd. Boynton Beach, Florida 33435 561-742-6476 . ; JohnsonTr@bbfl.us I �r� http://www.boynton-beach.org/ ADA30 Americans with Disabilities Act Celebrate the ADA! July 26, 2020 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to isclosure.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: Hart,James<hart@bbfl.us> Sent: Friday, December 06, 2019 3:27 PM To:Johnson,Tremaine<JohnsonTr@bbfl.us> Cc: Hatcher,Allen<HatcherA@bbfl.us> Subject: FW: Master L/S cleaning Here is the answer from Johnson Environmental.They will let us know when they can do the job. Thanks Jim 1 Page 47 of 919 James Hart Assistant Supervisor Utilities #moi Boynton Beach Utilities City of Boynton Beach 124 E.Woolbright R . Boynton Beach, Florida 33435 561-742-6422 hart@bbfl.us I �04y http://www.boynton-beaeh.org/ ED 11 n America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to isclosure.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:Alange<alane(iohnsones.com> Sent: Friday, December 06, 2019 9:57 AM To: Hart,James<hAg2tbfl.us> Cc: Francisco<franciscoiohnsones.com>; Dione<dioneP '_ohnsones.com> Subject: Master L/S cleaning Hi Jim, I was asked by Francisco a couple of days ago and just informed by Dione that you called her about the job.We are having a problem finding qualified personnel to do the work.Our employees as well as outside staffing companies are really not interested in doing the-job. So 1 have been reaching out to several people that I know from confined space projects that we have done in the past to see if they are interested. I am waiting for responses from those people. When I hear from them I will let you know. Sorry, but as you know,that is a lousy job and the design of the station makes cleaning it that much more difficult to do. Regards, Allan Lange Johnson Environmental Services 4600 Powerline Road Fort Lauderdale, F! 33309 Phone® 800-767-9594 Fax: 954-776-5955 alangge0ohnsones.com 2 Page 48 of 919 www.iohnsones.com Thank you t°choosing Johnson for all your Environmental needsH Please like us on Facebook and Yelp!! 3 Page 49 of 919 Czecholinski, Michelle From: Johnson, Tremaine Sent: Thursday, May 28, 2020 8:43 AM To: Czecholinski, Michelle Subject: FW:Wet well cleaning vendor Tremaine Johnson „ Manager, Field Operations Boynton Beach utilities City of Boynton Beach 124 E.Woolbright Rd. I Boynton Beach, Florida 33435 t 561-7.42-6476 JohnsonTr@bbfl.us I a http://www.boynton-beach.org/ 13 0 ADA307fl'1990-2020 * * Americans with Disabilities Act Celebrate the ADA! July 26, 2020 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Brian Shields<bshields@lakeworthbeachfl.gov> Sent: Monday, May 11, 2020 9:35 AM To: Paterniti,Joseph Jr. <PaternitiJ@bbfl.us>;Johnson,Tremaine<JohnsonTr@bbfl.us> Cc:Johnson,Thorley<JohnsonTh@bbfl.us>; Hatcher,Allen <HatcherA@bbfl.us>; Chris Helfrich (CHelfrich@ci.boca- raton.fl.us) <CHelfrich@ci.boca-raton.fl.us>; 'LWilsonDavis@ci.boca-raton.fl.us'<LWilsonDavis@ci.boca-raton.fl.us> Subject: RE:Wet well cleaning vendor Joe,we generally use our own vac trucks,on occasion for a particularly tough wetwell we have used Shenandoah. Hope all is well in Boynton 1 Page 50 of 919 9� Water4 utm I I% i ifles z Brian Shields, P.E. Director/City Engineer I Water Utilities City of Lake Worth Beach 301 College Street Lake Worth Beach, FL 33460 V: 561-586-1675 bshield,%`'i:,lakeworthbeachfl. ov www.lakeworthbeachfl.-ov City Operating Flours Monday- Friday 8:00 am- 5:00 pm "We are LAKE WORTH BEACH. A hometown City that is committed to delivering the highest level of customer service through a commitment to integrity, hard work and a friendly attitude. We strive to exceed the expectations of our citizens, our businesses, our elected officials and our fellow employees." L'I From: Paterniti,Joseph Jr.<PaternitiJ@bbfl.us> Sent: Monday, May 11, 2020 9:11 AM To:Johnson,Tremaine<JohnsonTr@bbfl.us> Cc:Johnson,Thorley<JohnsonTh@bbfl.us>; Hatcher,Allen<HatcherA@bbfl.us>; Brian Shields 2 Page 51 of 919 <bshieIds@lakeworthbeachfl.gov> Subject: FW: Wet well cleaning vendor Caution::This is an external email. Do not click links or open attachments from unknown or unverified sources. FYI- LS Cleaning vendor Joseph Paterniti, P.E. Utility Director Boynton Beach Utilities City of Boynton Beach 124 E.Woolbright Rd. I Boynton Beach, Florida 33435 561-742-6423 Paterniti)@ bbfI.us http://www.boynton-beach.org/ El L9 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to isclosure.Under Florida records iaw, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Wilson-Davis, Lisa<LWilsonDay!s".boca-raton.fl.us> Sent: Monday, May 11,2020 9:09 AM To: Helfrich,Chris<CHelfrich ci.boca-raton.fl.us>; Paterniti,Joseph Jr. <PaternitlJ bbfI.0 >; Brian Shields <bshields@lakeworthbeachfl. ov> Subject: RE:Wet well cleaning vendor Hi Joe, You can try contacting Envirowaste,they are our repair/rehab contractor and can provide these services. Eileen should be able to help you, I also included the owner's information. 3 Page 52 of 919 Eileen Algaze Chamorro Administrative Assistant Envirowaste Services Group, Inc. eileenal aze ews .com W 305-637-9665 M 305-720-9201 Owner: Julio Fojon–305-637-9659 iulio folon@envirwastesg com Lisa M.Wilson-Davis I Operations&Environmental Compliance Manager City of Boca Raton, utility Services Department 1401 Glades Road•Boca Raton,FL 33431 P 561-338-7310 I IwilsondavisLmyboca.us C 561-239-8229 Stay connected... 91 C 46 From: Helfrich,Chris<CHelfrichci.boca-raton.fl.us> Sent: Monday, May 11, 2020 9:02 AM To: Paterniti,Joseph Jr. <PaternitiJbbfl.us>; Brian Shields<bshieldslakeworthbeachfl.gov> Cc:Wilson-Davis, Lisa<LWilsonDavisci.boca-raton.fl.us> Subject: FW:Wet well cleaning vendor Joe We clean our lift stations with our own crews (vactors ect)—However I have forwarded to Lisa Wilson Davis to provide some guidance or if she is aware of a company that may do this work also Chris From: Paterniti,Joseph Jr.<PaternitiJbbfl.us> Sent: Monday, May 11, 2020 8:55 AM To: Helfrich, Chris<CHelfrichci.boca-raton.fl.us>; Brian Shields<bshieldsalakeworthbeachfl. ov> Subject: [EXTERNAL] Wet well cleaning vendor Good morning Chris, Brian, Hope you are doing well. Staff is having difficulty getting our current vendor(Johnson Environmental)to clean (remove rags)for one of our master stations. Do you all contract for this service?Would you give me a lead on who to contact? I am afraid this LS could have a problem any day. Thank you I I 4 Page 53 of 919 Joe Joseph Paterniti, P.E. Utility Director Boynton each Utilities City of Boynton each 124 E.Woolbright Rd. I Boynton Beach, Florida 33435 561-742-6423 Paternit,J @bbfl.us ,11, http://www.boynton-beach.org/ [boynton-beach-org] IF WIR Rq America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. Please note: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records, and are available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. The City of Boca Raton scanned this outbound message for viruses, vandals and malicious content and found this message to be free of such content. 5 Page 54 of 919 6.B. CONSENTAGENDA 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Proposed Resolution No. R20-118-Authorize the Mayor to sign an agreement between the City of Boynton Beach and the Hypoluxo Harbor Club Homeowners Association (Hypoluxo Harbor) providing for the collection and treatment of bulk sewer from their internal wastewater systems. Explanation of Request: The City and Hypoluxo Harbor entered into an agreement for wastewater disposal services in February, 1995. The original terms were based upon the rates for bulk customers outside of the City. Following the transfer of potable water service from the Town Manalapan to Boynton Beach Utilities the rates for service were reduced to those prevailing inside the city. This revised agreement changes the rate charged to reflect the new circumstances. There are no other significant changes to the terms. How will this affect city programs or services? This will standardize the utility rates prevailing within the Town of Hypoluxo. Fiscal Impact: Budgeted The impact of these changes was reflected in the Utility budget for 2020-21. Alternatives: Not to standardize the rates. Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Agreement with Hypoluxo Harbor for collection and treatment of bulk sewer Addendum Hypoluxo Harbor Revised Agreement Page 55 of 919 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 5 SIGN AN AGREEMENT BETWEEN THE CITY OF BOYNTON 6 BEACH AND HYPOLUXO HARBOR CLUB HOMEOWNERS 7 ASSOCIATION (HYPOLUXO HARBOR) PROVIDING FOR THE 8 COLLECTION AND TREATMENT OF BILK SEWER FROM 9 THEIR INTERNAL WASTEWATER SYSTEMS; AND PROVIDING 10 AN EFFECTIVE DATE. 11 12 WHEREAS,the City and Hypoluxo Harbor entered into an agreement for wastewater 13 disposal services in February, 1995 which original terms were based upon the rates for bulk 14 customers outside of the City; and 15 WHEREAS, following the transfer of potable water service from the Town 16 Manalapan to Boynton Beach Utilities the rates for service were reduced to those prevailing 17 inside the city; and 18 WHEREAS, this revised agreement changes the rate charged to reflect the new 19 circumstances which will standardize the utility rates prevailing within the Town of 20 Hypoluxo; and 21 WHEREAS,the City Commission has determined that it is in the best interests of the 22 residents of the City to approve an Agreement between the City of Boynton Beach and the 23 Hypoluxo Harbor Club Homeowners Association providing for the collection and treatment 24 of bulk sewer from their internal wastewater systems. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. S:ACA\RESO\Agreements\Utility Agreement with Hypoluxo Harbor Club HOA-Reso.docx Page 56 of 919 30 Section 2. The City Commission does hereby approve and authorize the Mayor to 31 sign an Agreement between the City of Boynton Beach and the Hypoluxo Harbor Club 32 Homeowners Association providing for the collection and treatment of bulk sewer from their 33 internal wastewater systems, a copy of the Agreement is attached hereto as Exhibit"A". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 36 PASSED AND ADOPTED this day of November, 2020 37 CITY OF BOYNTON BEACH, FLORIDA 38 YES NO 39 40 Mayor— Steven B. Grant 41 42 Vice-Mayor—Ty Penserga 43 44 Commissioner—Justin Katz 45 46 Commissioner—Woodrow L. Hay 47 48 Commissioner— Christina L. Romelus 49 50 VOTE 51 52 ATTEST: 53 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 (Corporate Seal) 61 S:ACA\RESO\Agreements\Ulility Agreement with Hypoluxo Harbor Club HOA-Reso.docx Page 57 of 919 AMENDED AND RESTATED SANITARY SEWAGE COLLECTION AND TRANSMISSION SYSTEM AGREEMENT THIS AGREEMENT is made and entered into this day of , 2020, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and HYPOLUXO HARBOR CLUB HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation, hereinafter referred to as "HYPOLUXO HARBOR". WITNESSETH: WHEREAS, the CITY and HYPOLUXO HARBOR entered an agreement for wastewater disposal services which was approved by the CITY'S Board of Commissioners on February 21, 1995; and WHEREAS, HYPOLUXO HARBOR is a mobile home park located within the Town limits of Hypoluxo; and WHEREAS, HYPOLUXO HARBOR is currently obtaining wastewater disposal services from the CITY through the CITY'S collection system for treatment at the South Central Regional Wastewater Treatment and Disposal Board; and WHEREAS, HYPOLUXO HARBOR shall continue to maintain its own on-site sanitary sewage collection and transmission system; and WHEREAS, The Town of Hypoluxo currently receives water and wastewater service at the inside city rates; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration from one party to the other, the receipt and {00408395.1 306-90018211 1 Page 58 of 919 adequacy of which is hereby acknowledged, the CITY and HYPOLUXO HARBOR agree as follows: 1. The CITY and HYPOLUXO HARBOR hereby agree to terminate the previous Agreement for wastewater disposal services approved on February 21, 1995. 2. The CITY agrees to receive, at the point of connection of HYPOLUXO HARBOR's system, all flows from HYPOLUXO HARBOR's sanitary sewage collection and transmission system. 3. The CITY will transmit for treatment the sanitary sewage received by the CITY from HYPOLUXO HARBOR pursuant to Paragraph 1 hereof to the South Central Regional Wastewater Treatment and Disposal Plant. 4. It is agreed that the sanitary sewer collection system, pumping stations, and force main that collects sewage from HYPOLUXO HARBOR up to the point of connection into the CITY'S sewage force main shall be the responsibility of HYPOLUXO HARBOR. 5. For disposal of its sewage through the CITY'S sewage system, and thereafter into the South Central Regional Wastewater Treatment and Disposal Plant, HYPOLUXO HARBOR agrees to pay to the CITY a fee/charge per 1,000 gallons of flow on a monthly basis equal to the commodity rate in effect for residences inside of the CITY (i.e. the "inside city rate"), but with no maximum. For the current year the sewer rate shall be $2.18 per 1000 gallons. This rate is subject to change as enacted via ordinances and resolutions adopted by the City Commission of Boynton Beach, but the rate charged to HYPOLUXO HARBOR shall always be identical to the commodity portion of the "inside-city" rate. 6. HYPOLUXO HARBOR shall make monthly payments to the CITY, beginning at the completion of the first full month of operations under the terms of this Agreement. Payments {00408395.1 306-90018211 2 Page 59 of 919 shall be based upon the gallons of sewage measured at the water meter serving HYPOLUXO HARBOR. The CITY, in its sole discretion, may replace the meter or install additional meters at the site serving HYPOLUXO HARBOR. If during any one month the total sewage flow from HYPOLUXO HARBOR is demonstrated to exceed the water meter reading by an amount greater than 15%, HYPOLUXO HARBOR shall take immediate measures to restrict this excessive inflow and infiltration to their sewer system. HYPOLUXO HARBOR further agrees to the use of a portable flow meter on their discharge main to the CITY's sewer system, and upon presentation by the CITY of a measurement from said meter, to pay the City the amount due (at the rate then in effect)for all excessive inflow or infiltration. 7. This Agreement constitutes the entire Agreement between the parties. This Agreement may only be amended upon a written contract signed by both parties hereto. 8. This Agreement shall continue to remain in full force and effect so long as the Regional Treatment Plant is operational. It shall, however, become null and void upon any redevelopment of HYPOLUXO HARBOR property. Either party may terminate this Agreement upon sixty (60) days prior written notice to the other party. 9. In the event of default by either party under the terms and conditions of this Agreement, the non-defaulting party shall be entitled to all remedies available at law or in equity. The prevailing party in any litigated dispute shall be entitled to recover attorneys' fees. 10. This Agreement shall be binding upon and inure to the benefit of the CITY, HYPOLUXO HARBOR and its members and their respective successors and assigns. 11. The City is public agency subject to Chapter 119, Florida Statutes. HYPOLUXO HARBOR shall comply with Florida's Public Records Law. Specifically, HYPOLUXO shall: {00408395.1 306-90018211 3 Page 60 of 919 A. Keep and maintain public records required by the CITY to perform under this Agreement; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, 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 disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, HYPOLUXO HARBOR shall destroy all copies of such confidential and exempt records remaining in its possession once HYPOLUXO HARBOR transfers the records in its possession to the CITY; and D. Upon completion of this Agreement, HYPOLUXO HARBOR shall transfer to the CITY, at no cost to the CITY, all public records in HYPOLUXO HARBOR's possession All records stored electronically by HYPOLUXO HARBOR must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF HYPOLUXO HARBOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO HYPOLUXO HARBOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US (This Space is Intentionally Blank; Signature Page to Follow) {00408395.1 306-90018211 4 Page 61 of 919 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF BOYNTON BEACH Attest: By: Crystal Gibson, City Clerk Steven B. Grant, Mayor Approved as to Form: James A. Cherof, City Attorney HYPOLUXO HARBOR CLUB HOMEOWNERS ASSOCIATION, INC. Attest: By: President {00408395.1 306-90018211 5 Page 62 of 919 6.C. CONSENTAGENDA 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Proposed Resolution No. R20-119-Authorize the Mayor to sign an Asset Purchase Agreement between the City of Boynton Beach (City) and Half Moon Bay Master Association, Inc. (Half Moon Bay) for the acquisition of the Half Moon Bay private Lift Station, and approve the associated costs to purchase the systems and install the necessary control panels and equipment. The purchase agreement also authorizes two associated utility easements required within Half Moon Bay. Explanation of Request: The City was requested to consider assuming responsibility for the private lift station within Half Moon Bay during the discussions with Hypoluxo regarding the switch in potable water providers for the Town. Utilities personnel inspected the station and determined that it was in an acceptable condition subject to installing the required telemetry system. I n order to assume responsibility the City needed an easement from Half Moon Bay of sufficient size to allow any potential maintenance needs, Half Moon Bay have agreed to that easement which is included in the attached purchase agreement. Following the switch in supplier of potable water to the Town of Hypoluxo it was necessary to install a new connection from the water main on US1 into the Half Moon Bay development. This work was completed on the day of the changeover and a survey undertaking to define the necessary utility easement over the new line. Half Moon Bay are also prepared to agree to this additional easement, a copy of which is included in the attached purchase agreement. How will this affect city programs or services? Monitoring of this additional lift station will enable the Utility to have a better insight into the wastewater demands form this development. Due to complications over identifying clear ownership the Utility will not be assuming responsibility for the gravity wastewater collection system feeding this lift station. Fiscal Impact: Budgeted The purchase price for the lift station is $10. The control panel cost is less than $500 and both costs are covered by an existing capital account. 404-5000-533-65.01 W T 2006 Alternatives: Do not assume control of the lift station. The potable water line easement must be approved if we are to continue to supply Half Moon Bay. Strategic Plan: Strategic Plan Application: Page 63 of 919 CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving the Purchase of Half Moon Bay lift station D Addendum Lift Station Purchase Agreement Page 64 of 919 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AUTHORIZE THE MAYOR TO SIGN AN ASSET PURCHASE 5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH 6 (CITY) AND HALF MOON BAY MASTER ASSOCIATION, INC. 7 (HALF MOON BAY) FOR THE ACQUISITION OF THE HALF 8 MOON BAY PRIVATE LIFT STATION; APPROVE THE 9 ASSOCIATED COSTS TO PURCHASE THE SYSTEMS AND 10 INSTALL THE NECESSARY CONTROL PANELS AND 11 EQUIPMENT; AUTHORIZES TWO ASSOCIATED UTILITY 12 EASEMENTS REQUIRED WITHIN HALF MOON BAY; AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, the City was requested to consider assuming responsibility for the 16 private lift station within Half Moon Bay during the discussions with Hypoluxo regarding the 17 switch in potable water providers for the Town; and 18 WHEREAS, Utilities staff inspected the station and determined that it was in an 19 acceptable condition subject to installing the required telemetry system; and 20 WHEREAS, in order to assume responsibility the City needed an easement from 21 Half Moon Bay of sufficient size to allow any potential maintenance needs, Half Moon Bay 22 have agreed to that easement which is included in the attached purchase agreement; and 23 WHEREAS,the City Commission has determined that it is in the best interests of the 24 residents of the City to approve and authorize the Mayor to sign an Asset Purchase Agreement 25 between the City of Boynton Beach(City) and Half Moon Bay Master Association, Inc. (Half 26 Moon Bay) for the acquisition of the Half Moon Bay private Lift Station, approve the 27 associated costs to purchase the systems and install the necessary control panels and 28 equipment. The purchase agreement also authorizes two associated utility easements required 29 within Half Moon Bay. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF S:ACA\RESOAAgreements\Pmnhase of Half Moon Bay Lift Station-Reso.docx Page 65 of 919 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption 34 hereof. 35 Section 2. The City Commission does hereby approve and authorize the Mayor to 36 sign an Asset Purchase Agreement between the City of Boynton Beach(City) and Half Moon 37 Bay Master Association, Inc. (Half Moon Bay) for the acquisition of the Half Moon Bay 38 private Lift Station, approve the associated costs to purchase the systems and install the 39 necessary control panels and equipment. The purchase agreement also authorizes two 40 associated utility easements required within Half Moon Bay. A copy of the Agreement is 41 attached hereto as Exhibit"A". 42 Section 3. This Resolution shall become effective immediately upon passage. 43 44 PASSED AND ADOPTED this day of November, 2020 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 48 Mayor— Steven B. Grant 49 50 Vice-Mayor—Ty Penserga 51 52 Commissioner—Justin Katz 53 54 Commissioner—Woodrow L. Hay 55 56 Commissioner— Christina L. Romelus 57 58 VOTE 59 ATTEST: 60 61 62 Crystal Gibson, MMC 63 City Clerk 64 (Corporate Seal) S:ACA\RESOAAgreements\Pmnhase of Half Moon Bay Lift Station-Reso.docx Page 66 of 919 i I ASSET PURCHASE AGREEMENT BETWEEN J HALF MOON BAY MASTER ASSOCIATION, INC. AND THE CITY OF BOYNTON BEACH This Asset Purchase Agreement (the "Agreement") is entered into on this day of , 2020 by and between the City of Boynton Beach, a Florida municipal corporation, (hereinafter referred to as "Purchaser") and Half Moon Bay Master Association, Inc., a Florida corporation (hereinafter referred to as "Seller"). WITNESSETH: WHEREAS, the Seller is the owner of a utility system consisting of a water distribution and wastewater collection system in Palm Beach County, Florida, ("Utility System"), and serving the residential community known as Half Moon Bay Condominiums ("Service Area"), and more fully described on Exhibit "A" ("Seller's Property"); and WHEREAS, Seller is currently operating its Utility System; and WHEREAS, Purchaser is engaged in providing utility services to the area where Seller's Utility System is located, is interconnected with Seller's Utility System, and is authorized to be in the business of furnishing water service to the various communities in the Purchaser's Service Area; and WHEREAS, Purchaser desires to acquire, and Seller desires to sell the lift station located on the Seller's Property and depicted in Exhibit "B", ("Facility") which is installed to provide utility service to the Seller's community, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants as hereinafter set forth, the parties hereto agree as follows: ARTICLE I REPRESENTATIONS BY SELLER 1. Seller represents and warrants that, to Seller's actual knowledge: 1.1 Seller is a Florida corporation duly incorporated, validly existing and in good standing under the laws of the State of Florida authorizing it to construct, operate and maintain a public water distribution system as well as wastewater collection. i {00372089,3 30699054771 J. Page 67 of 919 1.2 Seller is, and at the Closing (the "Closing" as hereinafter defined) will be, the owner of the Facility having good and marketable title, free and clear of all liens and encumbrances. 1.3 Purchaser is exempt from the Florida Public Service Commission regulation (hereinafter referred to as the "Commission"). 1.4 Seller will cooperate fully with the Purchaser in any and all applications or petitions to public authorities deemed necessary or desirable by Purchaser in connection with the purchase of the Facility from Seller as contemplated herein. 1.5 Attached hereto as Exhibits "A" is a survey of the Facility the Seller to be acquired by Purchaser, pursuant to this Agreement, showing its legal description. Said Facility includes the equipment owned by the Seller within the Seller's Property operated in relation to the use of the Seller's lift station. The engineering plans and specifications for the Facility have been organized and will be provided by both Seller and Purchaser with all other records. Said Facility expressly excludes customer deposits and accounts receivables, if any, both of which shall be transferred to the Seller within 180 days of Closing, if applicable. The Facility is constructed within Seller's Property or is otherwise accessible to Seller and Purchaser. To the extent that such rights of access do not exist, Seller agrees to grant those rights to Purchaser at Closing through either warranty deeds or perpetual easements. 1.6 Attached hereto as Exhibit "C" is a list, signed by the Seller, and briefly describing, as of the date of this Agreement, the following: 1.6.1 All pending or threatened action at law, suits in equity or administrative proceedings relating to the Facility; 1.6.2 All contracts or obligations of any nature between Seller and any other party including all developer agreements relating to the Seller's Property. 1.6.3 All real property, easements and rights and/or privileges associated with the Facility. l 1.7 Except as indicated in Section 1.6, there are no pending or threatened actions at law or suits in equity relating to the Facility, or any pending or threatened proceedings before any governmental agency. 1.8 Except as indicated in Section 1.6, there are no contracts or obligations of any nature between Seller and any other party relating to the Facility. 1.9 Neither Seller nor any entity or individual affiliated with Seller has executed any agreement with purchasers of lots within the Service Area, or any other parties, whereunder such purchases or other parties have acquired any interest in the Facility. f (00372009.3 306-9905477) Z Page 68 of 919 i 1.19 The Facility is capable of rendering utility service in the ordinary course of business in compliance with all federal, state and local rules and regulations including but not limited to all rules and regulations related to environmental protection. 1.11 Prior to the Closing, the consummation of the transactions contemplated herein will have been duly authorized by all necessary action, corporate or otherwise, on behalf of Seller. 1.12 Seiler has filed all tax returns which are required to be filed, and each return which has been filed is true and correct, and Seller has paid all E taxes shown as payable on such returns when and as required by applicable law associated with the Facility. 1.13 No representation or warranty by Seller in this Agreement, or any statement or certificate furnished or to be furnished to Purchaser pursuant hereto or in connection with the transactions contemplated herein, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements contained herein or therein not misleading. ARTICLE 11 CLOSING AND PURCHASE PRICE 2.1 The Closing shall take place within thirty (30) days of the date of the full execution of this Agreement. 2.2 Upon execution of this Agreement, the Purchaser will begin to install a control panel for the lift Station on the Seller's Property depicted in Exhibit "B" attached hereto and incorporated herein. 2.3 At the Closing, the Seller will, upon due performance by Purchaser of its obligations under the Agreement, deliver: 2.3.1 Such good and sufficient warranty deeds, easements, bills of sale with covenants of warranty, and sufficient instruments of sale, in form and substance reasonably satisfactory to Purchaser's counsel, as shall be required to vest in Purchaser marketable title to the Facility, free and clear of liens and encumbrances of every nature that would render title to the Facility unmarketable. 2.3.2 All of the files, documents, papers, agreements, books of account, ' customer lists, original cost invoices, engineering drawings, and records possessed by Seller pertaining to the water and sewer utility business conducted by Seller in the Seller's Property, other than its minute books and stock records, and any other records reasonably needed by Seller or containing confidential information not relevant to the transaction contemplated under this Agreement; I E i E {00372089.3 300-9905477} 3 Page 69 of 919 2.3,3 all orders, permits, license or certificates issued or granted to Seller by any governmental authority in connection with any authorization related to the construction, operation or maintenance of its Facility or the conduct of its water and sewer utility business; and 2.3.4 Opinions of Counsels, dated as of the Closing, that upon the delivery to Purchaser of the Sale documents and the approval respective legislative parties under Section 180,301, Florida Statutes, that Purchaser will then have title to the Facility, free and clear of all liens and encumbrances in connection with the acquisition, construction, installation, and financing of the Facility. 2.4 At the Closing and from time to time thereafter, Seller shall, upon written request by Purchaser execute and deliver such further instruments of sale, conveyance, transfer and assignment, and take such other action (without expending funds or bring suit) as Purchaser may reasonably request, in order to more effectively sell, convey, transfer and assign to Purchaser the Seller's Facility, to confirm the title of Purchaser thereto, and to assist Purchaser in exercising rights with respect thereto. At the Closing, Seiler and Purchaser shall execute a Utility Service Payment Agreement in recordable form. The Utility Service Payment Agreement shall provide for the Seller's responsibility to pay any outstanding utility bilis incurred by any of the unit owners within Half Moon Bay Condominiums after the date of Closing. The Utility Service Payment Agreement shall obligate Seller to pay to the City any unpaid utility bills incurred by any individuals who are unit owners as of the date of Closing. For individuals who purchase units within Half Moon Bay Condominiums after the date of Closing, the Seller shall not be obligated to pay any outstanding utility bills. This provision shall survive the date of closing. 2.5 Purchase Price: At the Closing Purchaser shall, upon due performance by Seller of its obligations under the Agreement, deliver to the Seller, the Purchase Price (the "Purchase Price") in the amount of Ten and 001100 I Dollars ($10.00). Purchaser does not assume any liabilities of Seller wholly arising prior to Closing. Any and all costs and fees, other than Seller's legal fees and expenses, associated with the Closing shall be the Purchaser's responsibility. 2.6 If either party defaults in the performance of any of its obligations or j requirements under this Agreement, and the defaulting party fails to remedy such default within fourteen (14) days after written notice by the other Party of such default(s) (the "Default Notice"), except for a failure to close in accordance with the terms of this Agreement which shall f constitute an immediate default for which no Default Notice is required, the (00372089.3 305-9905477) 4 Page 70 of 919 3 1 1 non-defaulting Party shall have, as its sole remedy for such default, the option to pursue an action against the defaulting party for specific performance of this Agreement and obtain such orders or decrees as appropriate to achieve specific performance of the defaulting parties' obligations under this Agreement. In the event either Party is required to enforce this Agreement by court proceedings or otherwise, the prevailing party shall be entitled to collect from the non-prevailing party its reasonable attorneys' fees, paraprofessional fees and costs incurred pretrial, at trial, and at all levels of proceedings, including appeals. ARTICLE III AGENCY APPROVALS 3. Within fifteen (15) days following the execution of this Agreement Purchaser will file applications for transfer with the FDEP and SFWMD requesting the transfer of the Public Utility permits or sequential water use permit. Seller agrees to cooperate fully with Purchaser in Purchaser's application for such transfers and approvals. ARTICLE IV GENERAL 4.1 Upon purchase of the Facility of Seller, Purchaser agrees to supply all customers within the Half Moon Bay Condominiums with continuous (subject to unavoidable outages) adequate and customary utility service, and to operate, continuously maintain and promptly repair the Facility acquired herein. The Half Moon Bay Condominiums' customers shall receive a rate no less favorable than the rate offered by the City of Boynton Beach to any other customer it serves inside of the boundaries of the City of Boynton Beach. This warranty shall survive the Closing of this Agreement. 4.2 The failure of either party hereto to enforce any of the provisions of this Agreement or the waiver thereof in any instance by either party shall not be construed as a general waiver or relinquishment on its part of any such provisions, but the same shall, nevertheless, be and remain in full force and effect. 4.3 Any notice of delivery required to be made hereunder may be made by mailing a copy thereof addressed to the appropriate party as follows: If to Purchaser: Joseph Paterniti, P.E. Utilities Director 124 E. Woolbright Road Boynton Beach, Florida 33435 I i i i (003720893 306-9905477) rJ Page 71 of 919 1 1 With Copy To: Lori Laverriere, City Manager 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 With Copy To: James A. Cherof, City Attorney 3099 E. Commercial Blvd. Suite 200 Fort Lauderdale, FL 33308 1 If to Seller: John J Sceppa Treasurer & Secretary Half Moon Bay Master Association 7070 Half Moon Circle Hypoluxo, FL 33462 Delivery, when made by registered or certified mail, shall be deemed complete upon mailing. 4.4 The Attachments to this Agreement are a part hereof and are hereby incorporated in full by reference. 4.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any litigation filed to enforce the terms and conditions of this Agreement shall be filed in the appropriate state or federal court located in Palm Beach County, Florida 4.6 The representations and warranties contained herein Article I shall survive, and continue in effect, after the Closing for a period of one year from the date of Closing. 4.7 Seller agrees to indemnify Purchaser, its successors and assigns, and hold it harmless against any loss, damage, liability, expense or cost accruing or resulting from any misrepresentation or breach of any representation, warranty or agreement on the part of the Seller under this Agreement or from any misrepresentation in or material omission from any certificate or other document furnished or to be furnished to Purchaser by Seller. This provision shall survive Closing. 4.8 To the extent permitted by law, and subject to the limitations contained in Section 768.28, Florida Statutes, Purchaser agrees to indemnify Seller, its successors and assigns, and hold it harmless against any loss, damage, liability, expense or cost, accruing or resulting from any misrepresentation or breach of any representation, or warranty or agreement made or to be performed by Purchaser under this Agreement or from any misrepresentation in or material omission from any certificate or other documents furnished or to be furnished to Seller by Purchaser. This provision shall survive Closing. Notwithstanding the foregoing, nothing contained herein shall constitute a waiver of the Purchaser's sovereign immunity. [00372039.3 305,99054771 Page 72 of 919 ,I 'I 4.9 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. i 4.10 Modification. This Agreement may not be changed, altered, modified, amended or terminated except by written agreement signed by both the Seller and Purchaser. 4.11 Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their heirs, assigns and successors in interest. This Agreement is solely for the benefit of the Parties to this Agreement and no right or cause of action shall accrue upon, to or for the benefit of any third party not a party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the Parties to this Agreement any right, remedy or claim under or by reason of this Agreement or any provisions or conditions of this Agreement, and all of the provisions, representations, covenants and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the Parties to this Agreement and their respective representatives, successors and assigns. 4.12 Severability. In the event that any paragraph, section, term, provision or portion of this Agreement is determined to be illegal, unenforceable, or otherwise invalid, such paragraph, section, term, provision or portion of this Agreement shall be given its nearest legal meaning or be stricken from and construed for all purposes not to constitute a part of this Agreement, and the remaining portion of this Agreement shall remain in full force and effect and shall, for all purposes, constitute the entire agreement. 4.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original, and a complete set of which taken together shall constitute one and the same agreement. The parties agree and intend that a signature by facsimile machine or electronic transmission (i.e. e-mail) shall bind the party so signing with the same effect as though the signature was an original. 4.14 Entire Agreement. This Agreement constitutes the complete understanding and entire agreement of the Seller and Purchaser with respect to the matters addressed in this Agreement and there are no other agreements, representations, or warranties other than as set forth in this Agreement. No agreement or representation, unless set forth in this Agreement, shall bind any of the Parties to this j Agreement. 4.15. WAIVER OF BREACH. The failure of the Seller or Purchaser to enforce any provisions of this Agreement shall not be construed to be a waiver of such or any other provision, nor in any way to affect the validity of all or any part of this Agreement, or the right of such party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. i (00372089.3 345-9905477) 7 Page 73 of 919 jl 1 I 4.16. TIME AND TIME PERIODS, Time is of the essence in the performance of each of the obligations contained in this Agreement. Unless otherwise specifically provided in this Agreement, time periods shall be determined on calendar days, including Saturdays, Sundays and legal holidays. Wherever any time limit or date provided in this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of Florida, then that date is automatically extended to the next day that is not a Saturday or Sunday or legal holiday. For purposes of this Agreement, the term "Business Day" means any weekday that is not a legal holiday under the laws of the State of Florida. 4.17. HEADINGS. The headings, captions and section numbers appearing in this Agreement are inserted only as a matter of convenience and do not define, limit, construe or describe the scope or intent of such paragraphs of this Agreement or in any way affect this Agreement 4.18. CONSTRUCTION OF AGREEMENT. The Purchaser and Seller acknowledge that they have had the benefit of independent counsel with regard to this Agreement and that this Agreement has been prepared as a result of the joint efforts of all Parties and their respective counsel. Accordingly, all Parties agree that the provisions of this Agreement shall not be construed or interpreted for or against any Party based upon authorship. 4.19. EXECUTION OF DOCUMENTS. Each Party covenants and agrees that it will at any time and from time to time do such acts and execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such documents reasonably requested by the other Party necessary to carry out fully and effectuate the transaction contemplated by this Agreement and to convey good and insurable title for all conveyances subject to this Agreement. i (This Space is Intentionally Blank) i I I {00372089.9 3069905477] Page 74 of 919 E IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year above first written. ATTEST: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida By: Crystal Gibson, City Clerk Steven B. Grant, Mayor APPROVED AS TO FORM (SEAL) REVIEWED AND APPROVED BY THE OFFICE OF THE CITY ATTORNEY STATE OF FLORIDA ) )ss COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this by Steven B. Grant, Mayor of THE CITY OF BOYNTON BEACH, on behalf of the City. He is personally known to me or has produced as identification. SWORN TO AND SUBSCRIBED BEFORE ME this day of 2420. NOTARY PUBLIC My Commission Expires: Serial Number, if any: 1 1 l 3i ry 3 (00372089.3306-9905477) 7 Page 75 of 919 I i i HALF MOON BAY MASTER ASSOCIATION, INC., a Florida corporation By: Print Name: r� Title: ATTEST: By: Print Name: Title: (CORPORATE SEAL) STATE OF FLORIDA } )ss COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this by of on behalf of the company. He/she is personally known to me or has produced as identification. SWORN TO AND SUBSCRIBED BEFORE ME this day of 2020. NOTARY PUBLIC i My Commission Expires: i Serial Number, if any: 3 {00372089.3 306-99054771 10 Page 76 of 919 f f i EXHIBIT A SELLER'S PROPERTY SURVEY i E 1 I `i 1 E q qq {00372089.3 306 99054771 1 i 3 Page 77 of 919 SKETCH & DESCRIPTION FOR: 10' UTILITY EASEMENT LYING WITHIN HALF MOON BAY CONDOMINIUM BEING A PORTION OF THE PLAT HALT"MOON BAY(P.B.64/32-35, P.B.C.R.) TOWN OF HYPOLUXO, PALM BEACH COUNTY, FLORIDA LAND DESCRIPTION: A portion of HALF MOON BAY, according to the Plat thereof as recorded in Plat Book 64, Pages 32 through 35 of the Public Records of Palm Beach County, Florida, described as follows: A 10 foot strip of land for a Utility Easement being 5 feet on each side of the following described centerline: COMMENCE at the Northwest corner of said HALF MOON BAY Plat, said point being on the arc of a curve concave to the east, a radial line to said point bears N89'18'08"W; thence southerly along the west line of said plat and along the arc of said curve, having a radius of 1910.08 and a central angle of 05'00'54", a distance of 167.19 feet to a point of reverse curvature of a curve concave to the west; thence continue along the west line of said plat and along the arc of said curve, having a radius of 1910.08 feet and a central angle of 00°09'09", a distance of 5.08 feet to the POINT OF BEGINNING of said centerline; thence S59°42'51"F, 61.00 feet; thence S88'23'47"E, 90.00 feet; thence N89'30'52"E, 196.86 feet; thence S17°14'46"E, 5.05 feet; thence N89'30'52"E, 10.00 feet to the POINT OF TERMINATION of said centerline. Side lines of said 10 foot Utility Easement are to be prolonged or shortened to coincide with the west line of said HALF MOON BAY Plat to form a continuous strip of land. Said lands situate in the Town of Hypoluxo, Palm Beach County, Florida. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J--17, Florida Administrative Code, pursuant to Chapter 472, Florida Statutes. Marisha M. Digitally signed byMarlshaM. Kreitrnan,PSM Kreitman, PSM Date;2020.09.2214:49:07-04'00' MARISHA M. KREITMAN, P.S.M. Florida Registration No. 6555 AVIROM & ASSOCIATES, INC. L.B. No, 3300 1 EMAIL: marisha@aviromsurvey.com REVISIONS AVIROM&ASSOCIATES, INC. JOB 11346-1 b off,&ASso�! SURVEY/NG&MAPPING SCALE: Not applicable qa 50 S.W.2nd AVENUE, SUI TE 902 DATE: 09/22/2020 4 umi BOCA RATON,FLORIDA 33432 BY: M.M.K. (569}392-2594 / www.AVIROMSURVEY.com CHECKED: M.D.A. FSTReIISHFI) g8 ©2023 AVIROM&ASSOCIATES,INC.all dgntsres eved. F.B. 1998 PG. 01 I and shouldnollberopfu aced of copedwiho lw6ttenperrrinsslon. SHEET: 'I OF 3 E r Page 78 of 919 ' SKETCH & DESCRIPTION FOR: 10' UTILITY EASEMENT LYING WITHIN HALF MOON BAY CONDOMINIUM BEING A PORTION OF THE PLAT HALF MOON BAY(P.B. 64132-35, P.B.C.R.) TOWN OF HYPOLUXO, PALM BEACH COUNTY, FLORIDA ' NORM 0 60 120 U.S. HIGHWAY N0. 1 ! DIXIE HIGHWAY I S.R. N0. 5 GRAPHIC SCALE IN FEET R=1910.08' R=1910.08' V]=6fl' ©-05°00'54" L_167.19' A=03°35'56" L=119,98' -- – – — --- -- W- R=1910.08' cc] S59°42'51"E > D m z , NORTHWEST CORNER ❑=00°09'09" r to 0 cco a it HALF MOON BAY 61.00 L-5 08F r– � r (P.B. 64/32-35, P.B.C.R.) Boz ) P.O.B. tom R i �7 S88°23'47"E 90.00' OF 10' UTILITY EASEMENT tz as HALF MOON BAY Ul (P.B. 64/32-35, P.B.C.R.) i� z 10' UTILITY CO EASEMENT ' > 5' � �� \ C) Q7 D 5' �I F— CA z N89030'52"E s m �' �� 196.86' �p \ U"'-, I 0 ~J � i p D € 2 i T1 v6,- S17°14'46"E 5.08' N89030'52"E �� t 10.00- -- J P.O.T. REVISIONS AVIROM&ASSOCIATES, INC. JOB 4: 11346-lb aM&ASS4�� SURVEYING&MAPPING SCAM: V w 60' �-� 50 S.W.2nd AVENUE, SUITE 102 DATE: 09/22/2020 Q rn BOCA RATON,FLORIDA 33432 BY: M.M.K. (561)392-2594 /www.AVIROMSURVEY.com CHECKED: M,D.k �Sr LfS11ED 5985 42020 AVIROM&ASSOCIATES,INC.all rights reserved. F.B. 1998 PG. 01 7hfs sketch Is the properrttyv of AVIROM&ASSOCIATES,1NC. and shouldnot he reprod ced orcopted w thouf vldtten po m ssIon. SHEET: 2 OF 3 Page 79 of 919 1 i SKETCH & DESCRIPTION FOR: 10' UTILITY EASEMENT LYING WITHIN HALF MOON BAY CONDOMINIUM BEING A PORTION OF THE PLAT HALF MOON BAY(P,B.64132-35, P.B.C.R.) j TOWN OF HYPOLUXO, PALM BEACH COUNTY, FLORIDA j i l SURVEYOR'S NOTES: 1. Reproductions of this Sketch ore not valid without the signature and the original seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing party is prohibited without written consent of the signing party. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other Instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3, The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are relative to HALF MOON BAY Plat, based on the north line of said Plat having a bearing of N88°55'26"E. 5. "As--Built" data used to create this easement was supplied by Killebrew, Inc. (863) 701-0273. 6. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 7. Abbreviation Legend: = Centerline; A = Central Angle; L = Arc Length; L.B. = Licensed Business; O.R,B. = Official Records Book; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; P,O,B. Point of Beginning; P.O.C. = Point of Commencement; P.O.T. Point of Termination; P.S.M. = Professional Surveyor & Mapper; R = Radius. i 1 1 3 I s i REVISIONS AVIROM&ASSOCIATES, INC. JOB#: 11346-1b M&ASSO SURVEYING &MAPPING SCALE: Not applicable o 50 S.W 2nd AVENUE, SUITE 102 DATE: 09/22/2020 4 to BOCA RATON, FLORIDA 33432 BY: M.M.K. (561)392-2594 / www,AVIROMSURVEY.com CHECKED: M.D.A. I �STgAOSHEO j9a{ p2o2n AVIROM&ASSOCIATES,INC.arrngtrts reserved. F.B. 1998 PG. 01 i This skelch Is tho propet of AWROM&ASSOCIATES,INC, I and should nolbolopro uc2dorcopledwithoatwrillonpoinVssion. SHEET: 3 OF 3 Page 80 of 919 3 i i SKETCH & DESCRIPTION FOR: l' LIFT STATION EASEMENT LYING WITHIN HALF MOON BAY CONDOMINIUM I BEING A PORTION OF THE PLAT HALT;MOON BAY(P,B,64132-35, P,B.C.R.) TOWN OF HYPOLUXO, PALM BEACH COUNTY, FLORIDA LAND DESCRIPTION: A portion of HALF MOON BAY, according to the Plot thereof as recorded in Plat Book 64, Pages 32 through 35 of the Public Records of Palm Beach County, Florida, described as follows: COMMENCE at the Northwest corner of said HALF MOON BAY Plat; thence N88'55'26"E, along the north line of sold plat, 267.97 feet; thence S01'04'34"F, 123.17 feet to a north line of said HALF MOON BAY Plat; thence N88"55'26"E, along soid north line, 35.60 feet to the POINT OF BEGINNING; thence continue N88'55'26"E, along said north line and its easterly extension, 30.00 feet; thence S01'04'34"E, 30.00 feet; thence S88'55'26"W, 30.00 feet; thence N01'04'34"W, 30.00 feet to the POINT OF BEGINNING. Said lands situate in the Town of Hypoluxo, Palm Beach County, Florida. SURVEYOR'S NOTES: 1, Reproductions of this Sketch are not valid without the signature and the original seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing party is prohibited without written consent of the signing party. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are relative to HALF MOON BAY Plat, based on the north line of said Plat having a bearing of N88°55'26"E. 5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. & Abbreviation Legend: A = Central Angle; L = Arc Length; L.B. = Licensed Business; O.R.B. = Official Records Book; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; P.Q.B. = Point of Beginning; P.O.C. = Point of Commencement; P.S.M. - Professional Surveyor & Mapper; R = Radius. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. 1 FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17, Florida Administrative Code, pursuant to Chapter 472, Florida Statutes. Digitally signed byMarisha Marisha M. M.Kreitman,PSM I Date:2020.09,22 14:47:52 Kreitman, PSM , MARISHA M, KREITMAN, P.S.M. Florida Registration No. 6555 AVIROM & ASSOCIATES, INC. L.B. No, 3300 EMAIL: marishaOaviromsurvey,com REVISIONS JOB#, 11346-1a AVIROM&ASSOCIATES, INC. GENERAL REVISIONS 09-22-2020 (WAX) �&ASSOC SURVEYING&MAPPING SCALE: Not Applicable I O 1�� BATE; 08/1112020 50 S.W.2nd AVENUE, SUITE 902 4 c(9 BOCA RATON,FLORIDA 33432 BY: M.M.K. i (561)392-2594 /www.AVIROMSURVEY.com CHECKED: M.D.A. j F'rf'49[rsHED}g0, ©2020 AVIROM&ASSOCIATES,INC.all rights reserved, F.R. 1998 PG. 01 Thls sketch Is the pro=of AVIROM&ASSOCIATES,IMC. and should not be reprorodduced or copied without written permission. SHEET: 1 O F 2 l c Page 81 of 919 i i SKETCH & DESCRIPTION FOR: LIFT STATION EASEMENT HALF MOON BAY CONDOMINIUM LYING IN SECTION 3,TOWNSHIP 45 SOUTH, RANGE 43 FAST TOWN OF HYPOLUXO, PALM BEACH COUNTY, FLORIDA - AURA SEASIDE � (P.B. 119/38-39, P.B•C.R.)�Y» 0 60 120 HALF MOON BAY CONDOMINIUM PHASE I & k GRAPHIC SCALE IN FEET (O.R.B. 3384/569 & 1"=60' O.R•8. 3656/1119 P.B.C.R_) i BEING A PORTION OF + GOVERNMENT LOT 5 — SECTION 3--45---43 I Lo I m i I I z n DEED/LINE -} I z o Q "'r, TOWN OF MANALAPAN (TYPICAL) I z WATER PLANT SITE I [!) I Lli o (O.R.B. 1848/745, P.B.C.R.) I } C1 PROPOSED Qp cv_ ._I m NORTH LINE OF --I ° UTILITY � HALF MOON BAY PLAT EASEMENT I I _ (BEARING BASIS) N88°55'26 _ 356.17' - � � I X267.97' -s�--_ I F HALF MOON BAY O (P.8. 64/3235, P.B.C.R.) Z , // I 'nLn / Q C6 _ I _ C= R-1910.38' NORTH LINE U) / N88°55'26"E zA=05°00'54" OF HALF MOON < n_ - 30.00` a' L=167.19' BAY PLAT S01°04'34"E 3 ~ PLAT LINE /� P.�.B' 30.00' J -1- (TYPICAL) = 00 Q LIFT STATION cl Mo EASEMENT R=1910.08' d : c A=03°35'56 ' N cv) E L=119.98' C:)' ,�+� 00 00 U) REVISIONS AVIROM&ASSOCIATES, INC, doh#; 11346-la GENERAL REVISIONS 09-22-2020 (M.M.K.) &� ASS°�� SURVEYING &MAPPING SCALE: V.w 60' o I 50 S,W.2nd AVENUE,SUITE 102 DATE: 08/11/2020 4 in BOCA RATON,FLORIDA 33432 BY: M.M.K. (561)392-2594 / www.AVIROMSURVEY.cpm CHECKED: M•D•A. �'IRBLISHEOS9B, 2omAWROM&ASSMATi_S,INC.alinghtsleseryod. F.H. 1998 PG. 01 This sketch fs the propedv of AWROM d ASSOCI'ATE'S,INC. and should not be reproduced or copied without write"permission. SHEET' 2 OF 2 Page 82 of 919 I EXHIBIT B LIFT STATION DEPICTION i 3 1 I 3 I{ 3 (00372069.3 306-99054771 12 3 Page 83 of 919 I I �MIN3AN%STONE AND B C K ir7 zo WYK FAC%fIL4 6655 __SS ALTERNATE FOR MACHINE MAVTIOR AND OVER- 7y ?a 5= E%CAVTIOR n O A _____ L4 IT FOR MACHINE A C 111 p 4A1 � C'n 'IF T b 9 r` f'NAND CACAVATION ..S 6 I 1 I m 3i 0 a ep N (TE T z a w j E L - - � z 1 UV i I E apo - .r. eAyN c s m X. OL T5 2 IT W. op- 5g R 3Z °'miff �3 4 x €jt L V % m eg , HALF MOON BAY ADAM &. BRADY, INC. -vo $Q€'IETQRY LEFT$TQTIOH DETAIL$ L'DNSVtTINI E1OMURS . LAND SVRYEYDR9 . "NO PLANNERS d S E 9 4 0� to �Lfb yP.m An- f495.f.G,+a hr. 1E N W m eee. o=+,ii.oe sw.n nine,a,s,. fs PALM BEACH COUNTY,FLORIESA .air Lbl-,:as .o>,Ln•€swsr�s-:n, Page 84 0-919 1 .............. ............... -..-n 1111]]] • • C , .w _. a .,- •^... _'..-..�....-.P�a _ e I+MCtlil.d]�[.P.K�::�f � /dn Ctl ' _ r•f!`r.�le -Y. .�lN . •w•.V. ;ia ,� �Sin.�,�-'i ps0. oYh' S _ 1111 i I13� �? �` _l i1r��-� �I ?• _ Ca.tl, I i `p� - c#3 S f,i' �- c 'I?ri}�TL'�I (TT a,.. I 1 ,�• 'U L x r r.r■■ e F1 _ ,.. ::a- .-------- 1 .f, '� i S-y -� -� al't h �� I'- 1I1� ,.i I. `�i `� o r••_-J_.-Y__� c ''. "��TCTTLs� � ITCItjTI1;CT�l ITi _ �,. } - LLL IaI 1 n li.!-I_ �1�Iel�L�-y � •� I � .SF 1; I I_, 5t J .i` � _ P .` � •x:;,11 , � �I� j� f I • j °�a � — ,•`•® .`- V:. 1 \��- •'"^moo• I ; i• e I ; I � 5 W� li HALF MOON BAY A©AIR €y. BRADY, IMC."Plb SUAVEYDPS . LAND PLAhNEPSWATER AND SEWER &XV � ORI�A vPo� xo s Page 85,919 ..� 1 i EXHIBIT C ENCUMBRANCES OR LAWSUITS NONE {I I 100372089.3 306-99054771 13 Page 86 of 919 6.D. CONSENTAGENDA 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Legal Expenses- September 2020- Information at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received through Risk Management are also included. How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: n/a Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Goren Cherof September 2020 1 nvoices D Attachment Goren Cherof Risk Litigation September 2020 1 nvoices Attachment Outside Counsel McFadden September 2020 invoice D Attachment Outside Counsel Readon September 2020 1 nvoice Page 87 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-0005370 Boynton Beach FL 33435 STATEMENT NO: 33224 Attn: Lynn Swanson Special Fire Assessment HOURS 09/03/2020 MDC Review materials; revise and final Annual Assessment Resolution. 1.10 09/09/2020 JAC Follow up discussions with Mike Cirullo regarding methodology and memorandum to Citizen regarding distinction between industrial and commercial property rates; communicate with finance director regarding annual assessment and evaluate for 21-22; Closeout notes for 20-21 assessment 1.50 MDC Review e-mails and resolutions; provide information on rate structure; telephone call with JAC. 0.40 FOR CURRENT SERVICES RENDERED 3.00 615.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.50 $205.00 $307.50 MICHAEL D. CIRULLO 1.50 205.00 307.50 TOTAL CURRENT WORK 615.00 BALANCE DUE $615.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 88 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-0603180 Boynton Beach FL 33435 STATEMENT NO: 33225 Attn: Lynn Swanson LABOR- General HOURS 09/10/2020 SHB Record sexual harassment presentation for training and orientation. 5.00 09/11/2020 SHB Revise and begin uploading sexual harassment training presentation. 2.00 09/14/2020 SHB Telephone conference with Christine re: training matters; follow up with Kristin. 1.00 09/23/2020 JAC Review presumption and inoculation case and miscellaneous research for discussion with Julie Oldbury 0.40 FOR CURRENT SERVICES RENDERED 8.40 1,722.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.40 $205.00 $82.00 SHANA H. BRIDGEMAN 8.00 205.00 1,640.00 TOTAL CURRENT WORK 1,722.00 BALANCE DUE $1,722.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 89 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-0806020 Boynton Beach FL 33435 STATEMENT NO: 33226 Attn: Lynn Swanson Red Light Cameras HOURS 09/04/2020 SHB Telephone conference with Mumford re: upcoming trials. Receive and review proposed order, follow up with Mumford. 0.60 09/08/2020 SHB Various correspondence and discussions re: upcoming trials and defense motions. Revise/comment on proposed traffic administrative order. Various discussions with police legal advisors. 2.00 09/09/2020 PE Sort organized and prepare 23 Boynton notices for SHB approval 1.50 PE Converted notices too PDF/A and efiled 2.60 SHB Review and approve NOls. Receive and review correspondence re: Wayne Cooper; follow up with PD re: violation records. 1.00 09/10/2020 PE Converted to PDF/A and E-filed 23 Boynton notices. 3.80 09/11/2020 PE Sort organized and prepared 34 Boynton notices for 9/22/2020 hearing for SHB approval. 3.20 09/14/2020 PE Changed date, print pro se notices, converted to PDF/A and e-filed Boynton notices for 9/22/2020 hearing. 5.20 SHB Follow up re: upcoming trials and virtual hearing matters. Telephone conference with City Manager re: trial matters. Review and approve NOls. 2.00 09/15/2020 SHB Review and approve NOls. Review upcoming trials and pending motions. Call to officers re: trial procedures. Receive and review documents re: Cooper matter. 1.60 09/18/2020 SHB Review upcoming trials, motions, file notice with court. Receive and review driver affidavits. Update PD. 1.70 09/22/2020 SHB Review and approve NOls. 0.60 PE Sort organized and prepared 17 Boynton notices, updated SHB calendar, updated tracking log. 5.70 09/23/2020 PE Prepared 19 Boynton notices for SHB approval, converted to PDF/A and e-filed. 5.70 SHB Receive and review various motions filed by defense counsel. Follow up re: status and scheduling of upcoming trials. Review and approve NOls. 1.60 09/28/2020 PE Updated tracking log, updated SHB calendar, prepared Boynton notices for 10/13/2020 hearing. 4.90 Page 90 of 919 Page: 2 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-0806020 STATEMENT NO: 33226 Red Light Cameras HOURS FOR CURRENT SERVICES RENDERED 43.70 6,350.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 11.10 $205.00 $2,275.50 PATRICIA EUGENE 32.60 125.00 4,075.00 Photocopies 32.90 TOTAL EXPENSES THRU 09/30/2020 32.90 TOTAL CURRENT WORK 6,383.40 BALANCE DUE $6,383.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 91 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9001821 Boynton Beach FL 33435 STATEMENT NO: 33227 Attn: Lynn Swanson General Matters HOURS 09/01/2020 MDC Continued review of public notice for comp plan amendment. 0.20 JAC Prepare for, attend, and follow up on city commission meeting; review with Lynn Swanson regarding pending documents for Nickels; review regarding the Nickels property letters of intent and purchase agreement signatures; follow up regarding CDD dissolution and monetary obligations associated with dissolution with outstanding debt; Telephone conferences with Heather N Regarding status and strategies on outstanding lien foreclosure cases 6.60 09/02/2020 SMS review and update Unity of Title Template; review Recreation Department Agreement with Mobley 1.70 09/03/2020 GB Telephone conference calls and emails with attorney for MegTV regarding release. Edits to Release pursuant to phone conversation with opposing counsel. Reviewed changes made by MegTV's attorney to Release. 1.90 QEM Review and evaluation of GENERAL ENGINEERING CONSULTING SERVICES SCOPE D- TRANSPORTATION SERVICES RFQ 046-2821-17/TP; coordinate renewal with Ms. Swanson. 2.10 MDC Review draft public notice for rezoning. 0.20 SHB Telephone conference with Hammad re: lien reduction request. Review and approve publishing requests. Review conditional lien release ordinance and discuss with Temple. 2.00 09/04/2020 GB Email to JAC regarding changes to MEgTV Release. 0.10 SHB Office hours at City Hall. Review and sign various deeds and contracts. Discuss chronic nuisance matters with Temple. 4.00 JAC Review office Administration issues with Lynn Swanson; evaluate continuing status of virtual meetings and implications for advisory boards and quasi-judicial matters; Review cares act/ distribution of funds issue; Research regarding COVID-19 matters affecting employee rights and collective bargaining agreement provisions 4.70 09/07/2020 JAC Review agenda and prepare for budget hearings; 2.20 09/08/2020 GB Telephone conference call and emails with attorney for MEgTV attorney regarding release. Emails with City regarding Release. Emails with JAC regarding Release. Finalized Release and sent to City for signature. 1.00 Page 92 of 919 Page: 2 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 33227 General Matters HOURS JAC Prep for and attend city commission budget hearing; follow up fire assessment review to respond to Citizen question; review in our local agreement with FIU; miscellaneous calls with Swanson regarding office administration matters; review temporary employment agreements; call with assistant city manager, city clerk, and commissioner regarding public records and sunshine issues related to usage of Facebook and social media; 5.00 JGH Review Social Media/Facebook inquiry. 0.30 SMS review and correspondences from staff related to release of code liens 0.20 SHB Various correspondence and discussions with Code re: lien reduction and settlement matters. Telephone conference with property owner re: lien reduction request. 1.00 09/09/2020 JAC Agenda item review; calls with staff; calls with assistance to the attorneys regarding review and approval; review disability issue and parking state and local regulations; follow up on mutual releases for fireTruck dispute settlement; 4.00 SHB Review police MOU and follow up with PD. Review rehab contract documents. Revise and finalize library hold harmless. 1.50 09/10/2020 DS Reviewed and analyzed Section 316.1964, Florida Statutes re: disabled and metered parking for the recreation department. 0.50 QEM Assist with the City Commission agenda preparation; overview of documents for purchase of Fire Truck. 1.40 JAC Continue review of incoming agenda requests; miscellaneous modifications to same with approvals; prepare for second and final budget hearings; review status of fire truck dispute with QM; review assistant CityAttorney assignments and status of same; Review tort defense case pleadings and status; review request for diocese joinder in applications for boardwalk removal; 6.40 SHB Attend chronic nuisance meeting. Review various correspondence re: advisory boards and sunshine law matters; discuss with JAC. 1.00 09/11/2020 JAC Continue agenda item review and approvals; finalize commission meeting agenda with staff and Lynn Swanson; review and forward sunshine law training PowerPoint in preparation of advisory board training; 4.50 09/14/2020 JAC Staff meeting regarding commission meeting agenda; conference call with Heather Needleman regarding Eckols settlement; Follow up with Clark regarding sunshine law briefing for board members; discuss with assistant CityAttorney SB; Review letter from Pulte homes regarding purchase and sale agreement; review new intrusions into Girl Scout Park and options for barricades; Preparation regarding ratification of CRA budget; Review department of labor revised regulations concerning paid leave requirements under the families first act;Prepare for city commission meeting; discussed general status of foreclosures with attorneys; review status of pending tour defense cases and pleading review 6.60 09/15/2020 JAC Prepare for, attend, and follow up on city commission meeting issues and agenda; research Casa Costa documents and related litigation pleading documents; emails in preparation regarding new fire truck purchase and deviation from piggyback based document; email to Andrew Maxey regarding follow up to Pulte property purchase; 7.00 Page 93 of 919 Page: 3 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 33227 General Matters HOURS 09/16/2020 JAC City commission meeting follow up; review Casa Costa for telephone conference; follow up with Heather regarding foreclosure cases;Review final budget hearing resolutions and supporting documents; Approved advertisement for budget hearings; miscellaneous office administration issues 3.20 MDC Review draft budget/millage notice;telephone call with Lynn Swanson. 0.30 SMS call and review with staff related to status of Casa Del Mar Development 0.30 09/17/2020 SMS f/u correspondences with counsel related to Drainage Easements at Industrial Way 0.20 JAC Review pending assignments with assistance CityAttorney's; audit tort defense litigation pleadings and case status issues; Miscellaneous office issues regarding retention of records and budget process 3.20 09/18/2020 JAC Agenda review and prep regarding budget hearings; calls with city clerk regarding notice and agenda sequence; review miscellaneous pending legal assignments; prepare for conference call regarding annexation; 3.30 SHB Review inquiry re: fundraiser matters and follow up with City. 0.30 09/21/2020 JAC Review for budget and related special district issues; review agenda and prepare for planning in development board meeting; prepare extension of CMT emergency ordinance and phone calls regarding same; call with KM regarding ownership of logo- arts issue; Prepare for continuation of discussion with development staff on reversionary provisions of development orders and legal research regarding same;Review water service agreement and annexation options and sewer connection refusal of service 5.00 SMS correspondences with staff related to ILA with Delray Beach 0.20 09/22/2020 HN On site review and signature of agreements. Discussion with Adam regarding the Sign Code project. 1.40 DS Reviewed agenda for Planning and Development Board Meeting. Attended virtual Planning and Development Board Meeting. 0.80 JGH Review Guest Wireless Access Disclaimer. 0.40 JAC Prep for and attend city commission special meeting and final budget Hearing; prep for and attend planning and development board meeting; miscellaneous follow up research regarding abandonment issue and legal/code standards for discussion with staff; review employment agreement and learned professional exemption/research regarding same and communication with staff or staff evaluation; calls with Lynn Swanson and City Clark regarding draft emergency ordinance for CMT meetings; Revise ordinance; review Florida statute and related cases regarding disabled parking permits and respond to Andrew Mack 8.00 09/23/2020 DS Reviewed plant care agreement. Drafted plant care addendum. 3.10 JAC Review and discuss maintenance agreements for QPODD with Andrew Mack; draft letter to contractors regarding cancellation; Revise emergency CMT meeting ordinance; review interior plant contracts; review 25th Ave. abandonment issue and emails; review EBSCO learning experience issue; review Rashid Hosein employment agreement issue with staff; review and sign transportation services agreement; review preliminary draft JKM public comments 5.20 Page 94 of 919 Page: 4 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 33227 General Matters HOURS 09/24/2020 HN Review of email from Adam Temple regarding the sign code project. Response email to Adam cc Mike Rumpf and JAC. 0.10 SMS review of Title Work for SW 25th Way abandonment and related correspondences 1.30 JAC Review and discuss monument site issues with CityManager; follow up research regarding same; review fire fighter presumption-inoculation issue and COVID-19 vaccination policy; Review foreclosure case status with Heather Needleman 2.60 09/25/2020 DS Finalized plant care addendum. Drafted email to city. Revised addendum. Drafted second email to city. 0.70 SMS review correspondences related to City addresses and how to record 0.60 JAC Call with staff regarding reversionary zoning; follow up research regarding same; review governor and county emergency orders regarding local business reopening and CMT meetings; review city in CRA lease; call to David Norris regarding code enforcement issue; review email regarding chronic nuisance properties; review update/extension of Routeware agreement; review draft letter Ed Breese to costa costa attorney; review appointment agreements and exam status designation issue; Review assistance CityAttorney assignments and correspondence/pleadings from same 6.40 SHB Various correspondence re: chronic nuisance matters. 0.10 09/28/2020 DS Reviewed Hoover Assignment and Agreement. Reviewed ABM Building Solutions Agreement. Drafted Assignment for ABM Building Solutions. 1.40 SHB Various correspondence re: animal cruelty matters. Review and revise ordinance and agenda cover sheet. 1.80 SMS research and calls with staff and research on addressing issue for the City related to notice 1.80 09/29/2020 SHB Follow up re: PRR and animal abuse matters. Discuss PRR matters with Slater. Review property registration docs. 0.70 HN Review of email from Mike Rumpf regarding sign code. 0.10 DS Reviewed and analyzed EBSCO License Agreement. Drafted Addendum to EBSCO License Agreement. 2.40 JAC Review status of Girl Scout Park Security issues;Review agenda items; update research regarding CMT meetings and governors orders; research library incident and caselaw regarding removal of patrons-limited public space issues 2.70 09/30/2020 DS Finalized EBSCO Agreement. Discussed pending items with L.S. 0.40 JAC Prepare for and attend special meeting of Commission; review, edit and approve items for commission agenda; review employment letters and exam status issues; review Pulte contract enforcementlssues with Mike Cirullo; review governors orders regarding phase 3 opening and implications for CMT meetings; 5.00 SMS calls and correspondences related to drainage permits and drainage of Silverlake; draft First Amendment to ILA with Delray Beach; review of Ocean Park Easement 1.50 SHB Review additional prochamps documents. Telephone conference with re: various code matters. Schedule meeting with Prochamps. 1.00 MDC Confer with JAC on Pulte Homes agenda item. 0.30 FOR CURRENT SERVICES RENDERED 131.90 17,937.50 Page 95 of 919 Page: 5 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 33227 General Matters TOTAL CURRENT WORK 17,937.50 BALANCE DUE $17,937.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 96 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9904950 Boynton Beach FL 33435 STATEMENT NO: 33228 Attn: Lynn Swanson Litigation Miscellaneous HOURS 09/01/2020 HN Review of email from JAC relating to the Ho Property and if they ever applied to the Property Appraiser's Office to reduce their property taxes. Phone call discussion with the real estate division of the property appraiser's office. Phone call voice message for Michael Simon at CRA. Follow up email to JAC cc Tracey DeCarlo. Discussion with Mike Simon and follow up email to JAC cc TAC. Two phone calls with Crystal Gibson regarding recording intent of notice to demolish letters and certifying documents. Phone call with Shane Kittendorf regarding Crystal's questions. 1.50 GB Telephone conference call with insurance company. Telephone conference call with TAD regarding insurance company call. 1.00 BJS Review correspondence from Tom D'Amdrea re: re: 20-040655 and draft follow up response. 0.40 TAD Receipt and review of correspondence re: website issues. Confer with GB re: claims issues. 0.20 09/02/2020 TAD Receipt and review of correspondence re: claims review issues. Receipt of correspondence re: budget issues for website. Receipt of several emails re: CAD drawings and issues with accessability. Prepare correspondence re: same. Receipt of response re: same. 0.70 09/03/2020 TAD Receipt and review of correspondence from the City re: engineering documents. Receipt of correspondence from the City re: issues with Development documents. Receipt of additional correspondence re: development records. 0.30 09/04/2020 TAD Receipt and review of correspondence from City re: development documents. Review agreement re: specific records. Prepare correspondence to City re: response to inquiry about agreement and documents. 0.50 09/09/2020 BJS Review and follow up re: Motion to Return Property re: Ulysse 0.70 09/14/2020 TAD Receipt and review of correspondence re: claims. Prepare for claims review conference. 0.10 BJS Follow up re: Diego Ulysse/Return of Property, review reports 0.50 09/15/2020 TAD Attend claims review. 1.20 09/16/2020 BJS Review agreed order and draft follow up comments re: Return of Property Diego Ulysse 0.60 Page 97 of 919 Page: 2 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9904950 STATEMENT NO: 33228 Litigation Miscellaneous HOURS 09/17/2020 BJS Reveiw and revise draft order re: Return of Property/Ulysse 0.30 09/18/2020 BJS Review and and follow up re: final order/disposition of property, follow up with PBSO, follow up re: Abner release 0.50 09/22/2020 TAD Receipt and review of correspondence from City re: claim review. 0.10 09/23/2020 HN Phone conversation with Crystal Gibson regarding the Palm Beach County Clerk's office recording the amended Building Board of Adjustment and Appeals Order. Review of follow up email from Crystal. 0.30 BJS Follow up re: Diego Ulysse/Order to return property 0.30 09/25/2020 TAD Receipt and review of correspondence from City re: new claim. Review crash report, incident report and photographs re: same. 0.50 09/29/2020 TAD Receipt and review of correspondence re: claim. Confer with City re: trespass issues and prepare correspondence re: same. Receipt of correspondence re: issue with accident and proposed correspondence. Prepare correspondence to City re: same. Confer with risk re: accident issue. 1.70 BJS Review Law Enforcement Trust Funds matters 0.30 09/30/2020 TAD Receipt and review of correspondence re: issue at library. Confer with City representatives re: same. Confer with JAC and GB re: same. 0.80 GB Telephone conference call with TAD regarding library code of conduct and 9/24 incident. Reviewed incident reports from incidents with library patron. Legal research regarding library as public forum. 2.10 FOR CURRENT SERVICES RENDERED 14.60 2,993.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 1.80 $205.00 $369.00 GAL BETESH 3.10 205.00 635.50 BRIAN J. SHERMAN 3.60 205.00 738.00 TRACEY A. DECARLO 6.10 205.00 1,250.50 Photocopies 5.95 TOTAL EXPENSES THRU 09/30/2020 5.95 TOTAL CURRENT WORK 2,998.95 BALANCE DUE $2,998.95 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 98 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905263 Boynton Beach FL 33435 STATEMENT NO: 33229 Attn: Lynn Swanson Town Square Development HOURS 09/02/2020 JAC Review miscellaneous audio from meetings with JKM reports or presentations; discussion with Lynn Swanson regarding consolidation of records and follow up on Commission direction 2.80 09/03/2020 RLL Listen to portion of recording of September 1st commission meeting regarding John Markey's remarks on Town Square project. 0.50 09/04/2020 RLL Work to prepare letter to attorneys involved in closing regarding remarks made by John Markey at September 1st commission meeting. 0.50 09/10/2020 JAC Call with LL regarding status of JKM and Commission directive regarding options; draft letter to JKM attys; 1.50 09/11/2020 JAC Review Bonnie Miskel correspondence; follow up with LL regarding same; review CG draft letter to JKM and approve same 0.80 DJD Review correspondence from Bonnie Mishel, Esq,. 0.20 09/14/2020 JAC Emails and discussion with manager regarding required monthly updates and communication with JKM attorney representatives; discuss same with DJ Doody; review status with certificates of completion; review construction defect versus warranty work Issue and contract language 2.10 09/15/2020 DJD Review emails; Telephone conference call with Jim Cherof. 0.30 09/16/2020 RLL Attend telephone conference call with DJD, JAC, City Manager and Asst. City Manager to discuss options for delays caused by JKM. 1.40 JAC Conference call with managers team to discuss JKM status and options; call with Commission regarding same; miscellaneous follow up regarding records for a conditional update 3.00 DJD Participate in telephone conference call and review emails. 1.20 09/17/2020 JAC Calls with CityManager, Commissioners regarding JKM status and options 2.00 09/18/2020 JAC Final and send letters to Bonnie Miskel and Bond Counsel; review same with LL; Discuss with the DJD 2.20 09/21/2020 JAC Follow up on communications to Dennis' Lyles and Bonnie Miskel; review certificate of completion status; 0.40 09/22/2020 DJD Review of executed Notice of Completion Re: Fire Station. 0.20 Page 99 of 919 Page: 2 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9905263 STATEMENT NO: 33229 Town Square Development HOURS 09/25/2020 JAC Follow up on letter to Bonnie Miskel; calls regarding project options; 0.50 09/29/2020 JAC Call with Bonnie Miskel regarding timeline for construction of garages; follow-up email to Commissioners and phone call with CityManager;Prepare for city commission meeting update 1.40 09/30/2020 JAC Review JKM status with Commissioner; prepare for 10/6 commission discussion; Discuss follow-up email regarding temporary easements and release of easements 0.50 FOR CURRENT SERVICES RENDERED 21.50 4,215.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 17.20 $205.00 $3,526.00 D.J. DOODY 1.90 205.00 389.50 RACHEL L LEACH 2.40 125.00 300.00 Photocopies 3.15 TOTAL EXPENSES THRU 09/30/2020 3.15 09/30/2020 Simplifile - Recording 43.60 43.60 TOTAL ADVANCES THRU 09/30/2020 43.60 TOTAL CURRENT WORK 4,262.25 BALANCE DUE $4,262.25 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 100 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905383 Boynton Beach FL 33435 STATEMENT NO: 33230 Attn: Lynn Swanson adv. Parrish, Jerry Lee, et., al. (The Bank of NY Mellon) HOURS 09/29/2020 SHB Receive and review order setting trial. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 101 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905407 Boynton Beach FL 33435 STATEMENT NO: 33231 Attn: Lynn Swanson adv Mata Chorwadi Inc- Homing Inn Circuit Ct App Shah, Kirit and Dipka HOURS 09/22/2020 SHB Receive and review order re: oral argument. Discuss case matters with TAD. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 102 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905409 Boynton Beach FL 33435 STATEMENT NO: 33232 Attn: Lynn Swanson Sale to E21- Real Estate Solutions, LLC, a Delaware limited liability company HOURS 08/05/2020 RLL Follow up with client on status of purchase and sale agreement. 0.20 FOR CURRENT SERVICES RENDERED 0.20 25.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RACHEL L LEACH 0.20 $125.00 $25.00 TOTAL CURRENT WORK 25.00 BALANCE DUE $25.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 103 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905424 Boynton Beach FL 33435 STATEMENT NO: 33233 Attn: Lynn Swanson adv. AI-Hattab, Andrew (Appeal- RLC Magistrate) HOURS 09/30/2020 SHB Receive and review appellate ruling; draft correspondence to City. 0.70 FOR CURRENT SERVICES RENDERED 0.70 143.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.70 $205.00 $143.50 TOTAL CURRENT WORK 143.50 BALANCE DUE $143.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 104 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905432 Boynton Beach FL 33435 STATEMENT NO: 33234 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) HOURS 09/08/2020 HN Conference call with MDC and JAC regarded amended complaint and legal strategy. Review of case law related motion to dismiss and amended complaints. 2.60 MDC Review Second Amended Complaint; miscellaneous research on pleading matters; telephone call with HN; conference call with HN and JAC. 1.50 09/14/2020 HN Edits to Amended Complaint. Phone call and left voice message with Daniel Rose to see if he is agreeable to our amended complaint. 0.60 09/15/2020 HN Return phone call to Daniel Rose and left voice message. 0.10 SHB Receive and review signed nuisance abatement agreement; compare to initial agreement. Discuss agreement revisions with Temple. 1.00 09/16/2020 HN Review of motion and second amended complaint. Drafting Agreed Order. Review of agreed order and follow up email to Daniel Rose cc JAC and MDC for confirmation that Daniel Rose agrees to that language. Review of certificate of mailing. 1.60 SHB Receive and review nuisance abatement agreement signed by property owner. Follow up with Temple. 0.60 09/17/2020 HN Follow up email to Daniel Rose re: Agreed Order to Motion for leave to Amend Complaint. 0.10 09/18/2020 HN Review of order granting motion for leave to amend complaint. email to JAC and MDC. 0.20 09/30/2020 SHB Receive and review chronic nuisance settlement agreement and trespass agreement. 0.30 FOR CURRENT SERVICES RENDERED 8.60 1,763.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 1.50 $205.00 $307.50 HEATHER NEEDELMAN 5.20 205.00 1,066.00 SHANA H. BRIDGEMAN 1.90 205.00 389.50 Photocopies 31.50 Page 105 of 919 Page: 2 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9905432 STATEMENT NO: 33234 Laurore, Iva and Renan (Code/Foreclosure) TOTAL EXPENSES THRU 09/30/2020 31.50 TOTAL CURRENT WORK 1,794.50 BALANCE DUE $1,794.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 106 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905433 Boynton Beach FL 33435 STATEMENT NO: 33235 Attn: Lynn Swanson adv. Ho, Benjamin and Karen (Code/Foreclosure HOURS 09/01/2020 HN Review and edits of motion for judicial default against Karen Ho. Review of Rule 2.516(b)(2)of the Florida Rules of Judicial Administration and incorporation of the rule in to the motion for judicial default. Follow up email to JAC to file and set for hearing. 1.30 09/04/2020 HN Email to JAC regarding motion for judicial default against Karen Ho and filing an affidavit and publishing notice for Wing Ho. 0.20 09/08/2020 HN Discussion with JAC regarding Wing Ho and him avoiding service. Phone call to John Van Steenkiste at Compass Investigations as to their efforts in serving Wing Ho. Discussion about dropped service and if we could get him a picture of Wing. Follow up with Lynn Swanson to see if City had a picture to provide to John. 1.10 JAC Telephone conference with HN regarding service of process and options 0.20 09/14/2020 HN Follow up email to JAC about setting hear on our motion for judicial default against Karen Ho. 0.20 09/15/2020 HN Review of Motion for Clerk's default relating to the condominium we recently served. Review of the court docket on the case to confirm that the condominium had not filed a responsive pleading. 0.20 09/16/2020 HN Email to Compass as to the service of Wing Ho. 0.10 09/17/2020 HN Review of the Judge's instructions related to setting a hearing on the motion calendar. Response to TAC relating to setting hearing on judicial default against Karen Ho. Research on westlaw as to whether a hearing can be set if defendant not responding. Review of the local rules including local rule 4. Follow up email to JAC cc TAD. 1.50 09/18/2020 HN Review of Judge's rules and local rules relating to setting hearing on motion for judicial default. Review and edit of notice of hearing. Coordination for setting hearing on zoom. 0.60 09/24/2020 HN Review of amended complaint package that came back "undelivered." Checked Karen Ho's address on pleadings she filed, check the address where she was served and discussion with TAD. Email to JAC re: Wing Ho and service. Email exchange with JAC regarding service of Wing Ho. 0.70 09/28/2020 HN Review of hearing notice and follow up on telephonic hearing. Follow up with compass about service of Wing Ho. Emails with compass regarding Page 107 of 919 Page: 2 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9905433 STATEMENT NO: 33235 adv. Ho, Benjamin and Karen (Code/Foreclosure HOURS service of Wing Ho. Email exchanges about doing service by publication. Notice of hearing edit to reflect Karen Ho's new address. Review of 49.041 Florida Statutes regarding service by publication. Review and edit of order of proposed order granting motion for default. follow up with notice of hearing to Karen Ho related to heating on motion for Judicial Default. Review of the Judge's division instructions. 1.60 09/29/2020 HN Review of Compass question related to Wing K. Ho and response email. 0.10 09/30/2020 HN Review of email exchanges with Compass regarding service of Wing Ho. Review of Karen Ho's filing related to the City's motion for judicial default. Drafting response and researching legal issues. 1.20 FOR CURRENT SERVICES RENDERED 9.00 1,845.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.20 $205.00 $41.00 HEATHER NEEDELMAN 8.80 205.00 1,804.00 Photocopies 14.35 TOTAL EXPENSES THRU 09/30/2020 14.35 TOTAL CURRENT WORK 1,859.35 BALANCE DUE $1,859.35 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 108 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905434 Boynton Beach FL 33435 STATEMENT NO: 33236 Attn: Lynn Swanson adv. Eckols 76 LTD/Eckols 86 LTD (Code/ Foreclosure) HOURS 09/01/2020 HN Response to Jordan Brill's email. Review of emails from Rachel Leach relating to the partnership affidavit. Follow up email to Rachel Leach. 0.20 RLL Contact underwriting attorney with question on deceased general partner of Eckols '76, ltd. 0.30 09/02/2020 HN Working on settlement agreement documents with Rachel Leach. Review of emails from underwriting counsel, Patrick Lester relating to what is required in the deed for deeds in lieu of foreclosure sales. Discussion with Rachel Leach. Phone calls and follow up email to Lynn Swanson. Discussion with JAC regarding status. 0.70 RLL Review language provided by underwriting counsel to add to deed and partnership affidavits. 0.50 09/03/2020 HN Review of emails from Adam Temple and Lynn Swanson regarding the settlement. Phone calls to Lynn and Adam. Discussion with Adam regarding the settlement paperwork and transfer paperwork to the CRA and the corresponding agenda item. Phone call discussion with Rachel Leach regarding the status of the paperwork for the settlement and deed in lieu of foreclosure. Search of the recorded lis pendens and email to Rachel Leach with lis pendens and explaining the clerk recording it in August of 2020. 1.70 RLL Further work to finalize conveyance documents; research payment of documentary stamp tax on deed in lieu of foreclosure; calculate recording fees for all documents. 1.00 DJD Review seller documents. 0.60 09/04/2020 HN Review of notes as to the amount owned on the documentary stamp taxes and recording fees. Phone call discussion with Lori LaVerriere related to the amount owed on the Doc Stamp Tax. Phone call discussion with Mike Simon from the BB CRA. Follow up email to JAC as to discussions with Lori and Mike. Email to Lynn Swanson with a status of what Mike discussed with me. 1.20 09/08/2020 HN Review of email from Lynn Swanson regarding Thuy Shutt's request for documentation that Eckols is conveying property to the City. Phone call discussion with Lynn Swanson and follow up email with response. 0.40 09/09/2020 HN Discussions with Adam Temple and follow up email to DJD and JAC regarding settlement agreement, deed, and other related documentation. Review of DJD email and response email to DJD cc JAC and RL. Review and response to DJD relating to questions of environmental condition, Page 109 of 919 Page: 2 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9905434 STATEMENT NO: 33236 adv. Eckols 76 LTD/Eckols 86 LTD (Code/ Foreclosure) HOURS survey and corrective deed language. 0.80 DJD Review documents and Settlement Agreement. 1.20 09/14/2020 HN Phone discussion with RL regarding the deed and lack of environmental audit. Also, what the process is if the City wants to have title insurance on the property. Preparation for phone call with Jim this afternoon to discuss the settlement documents. Discussion with Jim regarding settlement agreement and follow up email to Lori cc Colin, Adam, Mike Simon, and Jim regarding notice to city that there have been no environmental studies and that CRA most likely is getting title insurance. 1.80 RLL Preparation of errors and omissions statement for Eckols to sign. 0.50 09/15/2020 HN Review of drafted errors and omissions statement related to the settlement agreement. Edits to settlement agreement. Email to Jordan Brill with warranty deed, bill of sale, partnership affidavits, and errors/omissions statement cc JAC and RL. Review of Jordan's email and response email. 0.80 JAC Review and approve settlement documents and related land transfer documents 0.50 09/22/2020 HN Review of Jordan Brill (opposing counsel) edits to settlement agreement. Phone call discussion with Jordan going through questions on the agreement and negotiating terms of agreement. Review of Adam Temple's email and phone call with Adam regarding status of settlement agreement. Email to Jordan Brill about adding a term relating to the city releasing the liens upon execution of the closing documents. 1.80 09/23/2020 HN Review of Jordan Brill's revisions to the settlement agreement. Discussion with BJS. Discussion with JAC. Follow up phone call to Jordan Brill and left voice message. Emailed Jordan Brill cc JAC with the revised settlement agreement. Review of Jordan's email accepting our changes. Response email to Jordan. Email exchange with Jordan. 1.20 FOR CURRENT SERVICES RENDERED 15.20 2,932.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.50 $205.00 $102.50 D.J. DOODY 1.80 205.00 369.00 HEATHER NEEDELMAN 10.60 205.00 2,173.00 RACHEL L LEACH 2.30 125.00 287.50 Photocopies 11.20 TOTAL EXPENSES THRU 09/30/2020 11.20 TOTAL CURRENT WORK 2,943.20 BALANCE DUE $2,943.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 110 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905435 Boynton Beach FL 33435 STATEMENT NO: 33237 Attn: Lynn Swanson adv. Go, Jeanne and Ka Hock (Code/Foreclosure) HOURS 09/18/2020 HN Review and edits to amended complaint. 0.70 09/23/2020 HN Follow up on notice of hearing. 0.10 HN Review of case law relating to federal IRS liens and priority over code liens. Drafting of complaint. Email to RL to get an update on the title. 1.60 09/24/2020 HN Edits to complaint including listing Commerce Bank and the IRS as defendants. Review of title and the liens that predate the city's lien. Research regarding commercial mortgages and city liens. Review of notes and analysis of liens that predate the city's liens. 2.10 FOR CURRENT SERVICES RENDERED 4.50 922.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 4.50 $205.00 $922.50 TOTAL CURRENT WORK 922.50 BALANCE DUE $922.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 111 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905436 Boynton Beach FL 33435 STATEMENT NO: 33238 Attn: Lynn Swanson Hall-Mark RTC HOURS 09/01/2020 QEM Review and respond to email from RTC; follow-up with staff re: title. 0.50 09/09/2020 QEM Coordinate transmittal of title work; telephone call to staff re: Release. 1.00 09/11/2020 QEM Coordinate transmission of Release with Ms. Walls; finalize transmittal correspondence; transmit completed documents. 1.00 JAC Follow up on mutual release and relationship to new fire truck purchase for agenda issue 0.50 09/21/2020 QEM Review of follow-up emails from Mr. Daniels at RTC; dictate closeout correspondence to RTC. 0.70 FOR CURRENT SERVICES RENDERED 3.70 758.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.50 $205.00 $102.50 QUENTIN E. MORGAN 3.20 205.00 656.00 Photocopies 2.45 TOTAL EXPENSES THRU 09/30/2020 2.45 09/11/2020 Federal Express - Invoice 7-129-79808 17.37 17.37 TOTAL ADVANCES THRU 09/30/2020 17.37 TOTAL CURRENT WORK 778.32 BALANCE DUE $778.32 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 112 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905441 Boynton Beach FL 33435 STATEMENT NO: 33239 Attn: Lynn Swanson Sale to Pulte Group -approx.. 14.7 acres off Nickels Blvd. HOURS 09/02/2020 RLL Further research on correct legal description of parcels to be sold to buyer; telephone call with Andrew Maxey regarding conveyance of portion of parcel to Westside Baptist Church. 1.00 DJD Address status of legal description. 0.60 09/11/2020 JAC Review letter of intent; commission approval of Pulte agreement; and options for consideration of new letter of intent from third-party 0.50 09/14/2020 RLL Review letter from Pulte to City regarding continued interest in purchasing property. 0.30 DJD Review correspondence. 0.20 09/16/2020 JAC Call with Pulte representative regarding city commission hold on purchase and sale agreement; follow up with CityManager regarding same 0.40 FOR CURRENT SERVICES RENDERED 3.00 511.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.90 $205.00 $184.50 D.J. DOODY 0.80 205.00 164.00 RACHEL L LEACH 1.30 125.00 162.50 Photocopies 0.70 TOTAL EXPENSES THRU 09/30/2020 0.70 TOTAL CURRENT WORK 511.70 BALANCE DUE $511.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 113 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905446 Boynton Beach FL 33435 STATEMENT NO: 33240 Attn: Lynn Swanson Adv. Wilmington Savings Fund (Smith, Carl, et., al.) HOURS 09/28/2020 SHB Receive and review hearing notice. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 114 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905456 Boynton Beach FL 33435 STATEMENT NO: 33241 Attn: Lynn Swanson adv. Priority Towing HOURS 09/01/2020 GB Prepared and attended hearing on City's Motion to Dismiss 2nd Amended Complaint. Email to TAD and JAC regarding hearing. 1.90 09/02/2020 JAC Review status of case and court ruling on cities motion to dismiss; call with GB re: same 0.40 09/04/2020 IR Receipt and review of the Court's Order, from the parties' evidentiary hearing on the City's Motion to Dismiss the Plaintiffs Amended Complaint; preparation of ticklers regarding same, following Judge Curley's order, entered September 4, 2020; 0.30 09/21/2020 GB Drafted Answer and Affirmative Defenses. 0.90 09/22/2020 GB Continued drafting Answer and Affirmative Defenses to Plaintiff's 3rd Amended Complaint. Legal research regarding malfeasance and misfeasance. Telephone conference call with TAD regarding Affirmative Defenses and case strategy. Legal research regarding statute of limitation, elements, and defenses to injunctive relief and declaratory judgment causes of action. Emails with City regarding scheduling conference call. Telephone conference call with City regarding matter. 3.80 TAD Receipt and review of amended pleading and confer with GB re: answer and affirmative defenses. 0.70 09/23/2020 GB Telephone conference calls and Emails with City regarding Priority's allegations and Beck's equipment. Reviewed documents provided by City. Listened to evaluation meeting recording. 2.00 09/24/2020 TAD Review of amended complaint. Review answer and affirmative defenses. 0.90 FOR CURRENT SERVICES RENDERED 10.90 2,210.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.40 $205.00 $82.00 GAL BETESH 8.60 205.00 1,763.00 INGRID RIERA 0.30 125.00 37.50 TRACEY A. DECARLO 1.60 205.00 328.00 TOTAL CURRENT WORK 2,210.50 Page 115 of 919 Page: 2 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9905456 STATEMENT NO: 33241 adv. Priority Towing BALANCE DUE $2,210.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 116 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905475 Boynton Beach FL 33435 STATEMENT NO: 33242 Attn: Lynn Swanson Landfill Closure HOURS 09/14/2020 JAC Review emails from Tim Perry regarding settlement conference and miscellaneous research regarding resolution options; 0.50 09/16/2020 JAC Review correspondence from Tim Perry regarding settlement conference with State; miscellaneous research regarding proposed options 0.80 FOR CURRENT SERVICES RENDERED 1.30 266.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.30 $205.00 $266.50 TOTAL CURRENT WORK 266.50 BALANCE DUE $266.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 117 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905477 Boynton Beach FL 33435 STATEMENT NO: 33243 Attn: Lynn Swanson Purchase of Half Moon Bay's Lift Station HOURS 09/16/2020 SMS call with staff and correspondences with opposing counsel related to final survey for installation of potable lines 0.30 09/28/2020 SMS review of Asset Purchase Agreement and updated survey, and correspondence with Half Moon Bay's Attorney related to the closing of the transaction 1.10 FOR CURRENT SERVICES RENDERED 1.40 287.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN M. SWARTZ 1.40 $205.00 $287.00 TOTAL CURRENT WORK 287.00 BALANCE DUE $287.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 118 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905495 Boynton Beach FL 33435 STATEMENT NO: 33244 Attn: Lynn Swanson Bamboo/Palmer Special Assessment HOURS 09/10/2020 DS Revised Notice letter. Drafted email to City. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DANIELLE SCHWABE 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 119 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905502 Boynton Beach FL 33435 STATEMENT NO: 33245 Attn: Lynn Swanson adv. CHIDR, LLC (Tarpon IV, LLC) HOURS 09/17/2020 SHB Follow up with City re: outstanding lien amounts. Correspondence to attorney Parrish re: amount to settle liens. 0.60 09/25/2020 SHB Various calls and correspondence re: property owner request for partial release. Various correspondence with opposing counsel re: settlement offer. 2.00 09/28/2020 SHB Telephone conference with Parrish re: settlement matters follow up with City. Correspondence to Parrish re: settlement. 0.70 09/29/2020 SHB Various calls and correspondence re: lien release matters. 0.30 FOR CURRENT SERVICES RENDERED 3.60 738.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 3.60 $205.00 $738.00 TOTAL CURRENT WORK 738.00 BALANCE DUE $738.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 120 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905503 Boynton Beach FL 33435 STATEMENT NO: 33246 Attn: Lynn Swanson adv. Lionesz Investments, LLC. (Tarpon IV, LLC) HOURS 09/14/2020 SHB Follow up with opposing counsel re: request to schedule mediation. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 121 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905504 Boynton Beach FL 33435 STATEMENT NO: 33247 Attn: Lynn Swanson adv. Abner, Allison J. Henry (Forfeiture) HOURS 09/01/2020 BJS Review exhibits and correspondence from Jack Fleischmann and follow up re: APH/Exhibits 0.80 09/02/2020 BJS Follow up and being preparing for APH 0.70 09/03/2020 BJS Prepare for, attend, and follow up re: Adversarial Preliminary Hearing with the Palm Beach County Circuit Court via Zoom. 5.50 09/04/2020 BJS Telephone call with Jack Fleischmann and follow up re: Settlement, begin draft settlement documents 0.50 09/09/2020 BJS Draft Settlement Agreement and Order, draft Adversarial Preliminary Hearing Order 1.30 09/16/2020 BJS Telephone calls with Jack Fleischmann and follow up re: Settlement and Orders 0.50 FOR CURRENT SERVICES RENDERED 9.30 1,906.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J. SHERMAN 9.30 $205.00 $1,906.50 Photocopies 70.70 TOTAL EXPENSES THRU 09/30/2020 70.70 TOTAL CURRENT WORK 1,977.20 BALANCE DUE $1,977.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 122 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905505 Boynton Beach FL 33435 STATEMENT NO: 33248 Attn: Lynn Swanson adv. MJBS Holdings, LLC (Tarpon IV, LLC) HOURS 09/14/2020 SHB Prepare and file Answer to Complaint. 0.70 09/17/2020 SHB Check county Various correspondence with opposing counsel and City re: outstanding liens on property. 0.60 09/28/2020 SHB Receive and review Motion to Dismiss. 0.30 FOR CURRENT SERVICES RENDERED 1.60 328.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.60 $205.00 $328.00 TOTAL CURRENT WORK 328.00 BALANCE DUE $328.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 123 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905506 Boynton Beach FL 33435 STATEMENT NO: 33249 Attn: Lynn Swanson adv. Sharon R. Bock III - 3- Tarpon IV, LLC HOURS 09/17/2020 SHB Receive and review Mediation Order. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 Photocopies 45.15 TOTAL EXPENSES THRU 09/30/2020 45.15 TOTAL CURRENT WORK 65.65 BALANCE DUE $65.65 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 124 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905507 Boynton Beach FL 33435 STATEMENT NO: 33250 Attn: Lynn Swanson Adv. MJBS Holdings, LLC (KC Enterprise/Tarpon IV, LLC) HOURS 09/14/2020 SHB Prepare and file Answer to Complaint. 0.70 09/17/2020 SHB Various correspondence with opposing counsel and City re: outstanding liens on property. 0.60 09/28/2020 SHB Receive and review Motion to Dismiss. 0.30 FOR CURRENT SERVICES RENDERED 1.60 328.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.60 $205.00 $328.00 TOTAL CURRENT WORK 328.00 BALANCE DUE $328.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 125 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905508 Boynton Beach FL 33435 STATEMENT NO: 33251 Attn: Lynn Swanson adv. MJBS Holdings, LLC 2 (KC Enterprise/Tarpon IV, LLC) HOURS 09/14/2020 SHB Prepare and file Answer to Complaint. 0.70 09/17/2020 SHB Various correspondence with opposing counsel and City re: outstanding liens on property. 0.60 09/28/2020 SHB Receive and review Motion to Dismiss. 0.30 FOR CURRENT SERVICES RENDERED 1.60 328.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.60 $205.00 $328.00 TOTAL CURRENT WORK 328.00 BALANCE DUE $328.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 126 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905509 Boynton Beach FL 33435 STATEMENT NO: 33252 Attn: Lynn Swanson Drainage Easement Agreement with Boynton Beach Distribution Center Master Association Inc. HOURS 09/01/2020 SMS correspondences with staff and association counsel related to drainage easement and revisions to Drainage Easement 0.70 09/04/2020 SMS correspondences with staff related to existing drainage facilities 0.20 09/08/2020 SMS review correspondence related to city drainage facilities, revise/revise drainage easement and correspondence with opposing counsel 1.60 09/23/2020 SMS correspondences and review of maintenance requirements and comments to easements 0.30 09/24/2020 SMS correspondences with Master Association Attorney on total maintenance costs and 6.5%to the City 0.30 FOR CURRENT SERVICES RENDERED 3.10 635.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN M. SWARTZ 3.10 $205.00 $635.50 Photocopies 1.05 TOTAL EXPENSES THRU 09/30/2020 1.05 TOTAL CURRENT WORK 636.55 BALANCE DUE $636.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 127 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905512 Boynton Beach FL 33435 STATEMENT NO: 33253 Attn: Lynn Swanson adv. Sterling Village Condominium (Duperault, Don) HOURS 09/11/2020 SHB Receive and review Complaint. Open new file. 0.40 09/30/2020 SHB Prepare and file Answer to Complaint. 1.00 FOR CURRENT SERVICES RENDERED 1.40 287.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.40 $205.00 $287.00 TOTAL CURRENT WORK 287.00 BALANCE DUE $287.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 128 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905514 Boynton Beach FL 33435 STATEMENT NO: 33254 Attn: Lynn Swanson adv. Wilmington Savings Fund (Escarment, LoNerlie) HOURS 09/18/2020 SHB Prepare and file Answer to Complaint. 1.00 FOR CURRENT SERVICES RENDERED 1.00 205.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.00 $205.00 $205.00 TOTAL CURRENT WORK 205.00 BALANCE DUE $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 129 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905515 Boynton Beach FL 33435 STATEMENT NO: 33255 Attn: Lynn Swanson adv. DLJ Mortgage Capital (Prows, Maria) HOURS 09/15/2020 SHB Receive and review complaint, 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 130 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905516 Boynton Beach FL 33435 STATEMENT NO: 33256 Attn: Lynn Swanson v. Rubio Osorio, Ernesto Jose RPO HOURS 09/22/2020 SHB Various correspondence re: RPO matters; send RPO forms to Gorfido. 0.60 09/23/2020 SHB Review, assemble and file Petition for RPO. Prepare joint stipulation. 2.00 09/24/2020 SHB Various correspondence with JA re: hearing matters. 0.30 09/25/2020 SHB Follow up re: service of TRPO and stipulation. 0.30 09/30/2020 SHB Prepare and send final order to judge for review. Follow up with PD re: service. 0.30 FOR CURRENT SERVICES RENDERED 3.50 717.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 3.50 $205.00 $717.50 TOTAL CURRENT WORK 717.50 BALANCE DUE $717.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 131 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905517 Boynton Beach FL 33435 STATEMENT NO: 33257 Attn: Lynn Swanson adv. Sharon R. Bock (Sauternes V LLC) HOURS 09/28/2020 SHB Receive and review Complaint; open new file. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 132 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905098 Boynton Beach FL 33435 STATEMENT NO: 32970 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim#00 1 470000367AB HOURS 09/17/2020 TAD Receipt and review of Plaintiffs additional briefing for motion to add insurer to judgment. 0.30 IR Receipt and review of Plaintiffs Additional Briefing on Motion to Add Insurer to Final Judgment, filed with the Clerk of the Clerk of the 15th Judicial Circuit, this date; 0.20 09/21/2020 TAD Receipt and review of correspondence re: hearing on plaintiff's motion and prepare response to same. 0.20 IR Receipt and review of Notice of Hearing on Plaintiff's Motion to Add Insured as Party to this litigation, on October 15, 2020 at 10:00a.m., as a Special Set hearing before Judge James Nutt, of the 15th Judicial Circuit, via Zoom; 0.20 09/22/2020 TAD Receipt and review of correspondence re: hearing. Receipt of notice of hearing on plaintiffs motion. 0.20 FOR CURRENT SERVICES RENDERED 1.10 193.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.40 $125.00 $50.00 TRACEY A. DECARLO 0.70 205.00 143.50 TOTAL CURRENT WORK 193.50 BALANCE DUE $193.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 133 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905171 Boynton Beach FL 33435 STATEMENT NO: 32971 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim#001470000400P1 HOURS 09/01/2020 IR Continuation of summary of discovery records, received by Plaintiff; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, to include new witnesses, not previously mentioned; online research of Aqua Technologies and Aqua Treatment Services, as was owned in 2014 by Anthony Brown; background searches on Anthony Brown, as he offered and advised legal advice to Plaintiffs through emails; receipt and review of message from TAD regarding status of summaries and prepared responses to same; 5.90 TAD Receipt and review of memorandum re: information from plaintiff re: report. Confer with IVR re: same. Prepare correspondence to Plaintiff re: trial order. 0.90 09/02/2020 TAD Continue review of information from plaintiff. Begin preparation of report to City and adjuster re: claims and strategy moving forward. 2.40 IR Retrieved witness statements, from Plaintiff's discovery responses, to confirm and cross-reference with materials/ potential trial exhibits, to create a new spreadsheet with specific details that relate to trial witnesses, as well as for upcoming depositions; 4.20 09/03/2020 IR Cross-reference of Plaintiffs materials with repetitive records, contained within the same production; preparation of summaries, as received from Plaintiff, in response to the City of Boynton Beach's Request for Production; cross-referenced Giovanni Caliendo's deposition transcript, from January 29, 2020, to ascertain anticipated trial witnesses are listed in the City's witness tracking chart; updated the City's Trial Witness and Subpoena Duces Tecum tracking chart; 4.40 TAD Continue preparation of report. Review case law re: negligent hiring, retention and training claims for report and motions. Prepare correspondence to client re: additional records required. Receipt of response re: same. 3.10 09/04/2020 IR Analyzed list of fact trial witnesses and cross-referenced with Plaintiffs January 29, 2020 deposition testimony of volunteers, as well as other Plaintiff claims assisted with work performed at Studio property; online research of multiple witnesses, as noted throughout Plaintiff's discovery responses, for service of process information, for trial and discovery; 3.70 TAD Receipt and review of additional records from City re: Hart and Page 134 of 919 Page: 2 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9905171 STATEMENT NO: 32971 adv. Caliendo, Giovanni & Emily (code violation) HOURS correspondence re: same. Continue preparation of report re: liability issues. 2.30 09/08/2020 TAD Review code department records and prepare documents for response to request for production. Complete report to client. Prepare interrogatories to plaintiff. 2.30 09/09/2020 IR Analyzed records received in discovery by the Plaintiffs counsel; cross-referenced previously summarized materials from Plaintiff, with newly summarized materials, photographs, including online resources to clarify Plaintiff's various sets of Notes and Addendum; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum Tracking chart; 1.40 09/10/2020 IR Continued preparation of summaries, from over 750 sets of records received from the Plaintiffs' counsel; cross-referenced previously summarized materials, as the Plaintiffs' included numerous sets of duplicate records, throughout their discovery responses; analyzed named fact witnesses and updated new information, as the names came up within the records; 1.70 09/11/2020 TAD Continue review of information from plaintiff re: report. Revise report to include additional information. Review case law re: motions. 3.70 09/16/2020 TAD Continue preparation of report. Review additional case law re: motion for summary judgment. Prepare correspondence re: status of claim. Revise discovery to plaintiff. Begin draft of motion for summary judgment. Confer with IVR re: document production. 3.60 IR Receipt and review of email from TAD regarding status of discovery review and summaries project; preparation of three responses regarding same; preparation of updates to Trial Witness and Subpoena Duces Tecum tracking chart, relative to the possibility of upcoming witness depositions, in advance of trial, and the documents from the Plaintiff, to be utilized as respective deposition exhibits, for discovery purposes; 1.30 09/17/2020 TAD Continue review of case law and testimony for motion for summary judgment. Review additional records from plaintiff re: claims and damages. Revise report re: additional arguments for motion. Continue drafting memorandum of law supporting motion. Prepare notice of filing deposition transcript in support of Motion for Summary Judgment. 3.70 09/18/2020 IR Analyzed the writings of the Plaintiff in multiple emails, Notes, cartoon drawings, and Addendum formats, for use during discovery; online review of Plaintiffs website, with numerous citations pertaining to government and opinion editorial types of articles; preparation of updates to the City of Boynton Beach's Trial witness and Subpoena Duces Tecum Tracking Chart, regarding newly added trial and potential deposition witnesses; receipt and review of City of Boynton Beach's Interrogatories directed to the Plaintiffs' and prepared ticklers for 30 days for Plaintifffs'to file their respective answers or objections; 4.90 TAD Continue review of information from Plaintiffs' production regarding motion for summary judgment. Review Hart information re: affidavit supporting motion. Continue preparation of motion for summary judgment. Prepare notice of filing affidavit in support of motion. 1.80 Page 135 of 919 Page: 3 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9905171 STATEMENT NO: 32971 adv. Caliendo, Giovanni & Emily (code violation) HOURS 09/22/2020 TAD Receipt and review of correspondence from adjuster re: claim information. Prepare correspondence to City re: lien information. Receipt of response to same. Complete report and budget. Review Plaintiffs discovery responses and prepare correspondence re: same. Receipt of correspondence from City re: lien information. 2.80 09/23/2020 TAD Prepare correspondence to plaintiff re: response to request for production. Continue review of information from plaintiff re: motions. Revise motion for summary judgment to include additional arguments. Receipt of correspondence from plaintiff re: response to request for production. 1.40 09/25/2020 TAD Receipt and review of correspondence from plaintiff re: discovery. 0.10 FOR CURRENT SERVICES RENDERED 55.60 9,198.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 27.50 $125.00 $3,437.50 TRACEY A. DECARLO 28.10 205.00 5,760.50 TOTAL CURRENT WORK 9,198.00 BALANCE DUE $9,198.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 136 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905190 Boynton Beach FL 33435 STATEMENT NO: 32972 Attn: Lynn Swanson adv. Readon, Jayden, Estate of(police chase) Billing Category: 18-RLO Claim#001470-000396-AB-01 HOURS 09/04/2020 GB Email with opposing counsel regarding exhibits from Officer Sohn's deposition. 0.10 09/08/2020 GB Emails with court reporter and opposing counsel regarding Sohn's deposition transcript. Finalized letter to City regard Peters. Research interviews with Peters. Email to TAD regarding letter approval. Began summarizing Sohn's deposition. 3.20 09/09/2020 TAD Receipt and review of correspondence re: information from expert. Review information on Sohn deposition. Confer with GB re: same and additional discovery. 1.20 GB Drafted summary of Officer Sohn's deposition. 1.40 09/10/2020 GB Continued summarizing Sohn's deposition. 3.20 09/11/2020 GB Continued summarizing Sohn's deposition. 1.30 09/15/2020 GB Finished summarizing Sohn's deposition. 1.10 09/16/2020 GB Began drafting letter to Cit re: Sohn's deposition. 0.30 09/18/2020 GB Drafted letter/summary of Sohn's Deposition for City. Reviewed Sohn's deposition summary and exhibits for letter. 2.30 FOR CURRENT SERVICES RENDERED 14.10 2,890.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 12.90 $205.00 $2,644.50 TRACEY A. DECARLO 1.20 205.00 246.00 TOTAL CURRENT WORK 2,890.50 BALANCE DUE $2,890.50 Page 137 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905216 Boynton Beach FL 33435 STATEMENT NO: 32973 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18- RLO Claim#001470000410EP HOURS 09/17/2020 TAD Receipt and review of correspondence from Plaintiff re: depositions. Prepare response to same. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 138 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905336 Boynton Beach FL 33435 STATEMENT NO: 32974 Attn: Lynn Swanson adv. Wright, Bernard (discrimination) Billing Category: 18- RLO Claim#001470000449EO HOURS 09/17/2020 TAD Receipt and review of correspondence re: status. Confer with IVR and prepare response to same. 0.30 IR Receipt and review of email directive from TAD regarding status of case; online court docket search and Claimant's last filed response, from November, 2019; preparation of response to TAD's inquiry, attaching the 15th Circuit Court docket, along with the Claimant's last filed court document; preparation of tickler to follow up again, on November 4, 2020; 0.60 FOR CURRENT SERVICES RENDERED 0.90 136.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.60 $125.00 $75.00 TRACEY A. DECARLO 0.30 205.00 61.50 TOTAL CURRENT WORK 136.50 BALANCE DUE $136.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 139 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905360 Boynton Beach FL 33435 STATEMENT NO: 32975 Attn: Lynn Swanson adv. Cain, Courtney Billing Category: 18- RLO Claim#001470001005EP HOURS 09/04/2020 TAD Receipt and review of information from City re: claims re: discovery and information for report. 1.30 09/09/2020 TAD Receipt and review of information on plaintiff from City and review same re: discovery and report. Review history of employment re: same. 1.60 09/24/2020 TAD Receipt and review of discovery to City. Confer with GB re: same. 0.40 GB Emails with TAD regarding Plaintiff's first set of request for production and interrogatories to the City. Began drafting responses to interrogatories. Reviewed documents provided by the City for response to Plaintiffs discovery requests. Began drafting response to request for production. 2.40 09/25/2020 TAD Receipt and review of draft answers to interrogatories. Prepare revisions to same. 0.60 GB Emails with TAD regarding Plaintiffs discovery and objections. Drafted City's First Set of Interrogatories and Request for Production to Plaintiff. Legal research regarding proving retaliation claim under FCRA. 3.20 09/29/2020 GB Finalized City's First Set of Interrogatories to Plaintiff and City's First Request for Production to Plaintiff and emailed discovery to TAD for review and approval. Drafted Request for Admissions. 0.90 09/30/2020 TAD Receipt and review of correspondence re: discovery. Review and revise discovery requests. Confer with GB re: same. 0.80 GB Continued drafting Requests for Admissions to Plaintiff and emailed to TAD for review and approval 1.00 FOR CURRENT SERVICES RENDERED 12.20 2,501.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 7.50 $205.00 $1,537.50 TRACEY A. DECARLO 4.70 205.00 963.50 TOTAL CURRENT WORK 2,501.00 Page 140 of 919 Page: 2 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9905360 STATEMENT NO: 32975 adv. Cain, Courtney BALANCE DUE $2,501.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 141 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905369 Boynton Beach FL 33435 STATEMENT NO: 32976 Attn: Lynn Swanson adv. Moyse, Roseline (RLO) Billing Category: 18- RLO Claim#19754303 HOURS 09/01/2020 GB Reviewed Amended Notice of Taking Deposition of City Representative and email to TAD regarding objections. 0.40 09/02/2020 TAD Receipt and review of amended notice of deposition with areas of testimony. Confer with GB re: objections and deponents. 0.40 GB Emails with TAD regarding Plaintiff's Amended Notice of Deposition. Drafted and legal research for Objections to Plaintiffs Amended Notice of Deposition. Deposition summary in preparation for City's depo. 2.60 09/03/2020 GB Emails with TAD regarding edits to Objection to Plaintiffs Amended Notice of Deposition. Edits to Objection, finalized and filed. Emails with Plaintiffs Counsel regarding Clty's Objections. Telephone conference call with opposing counsel regarding deposition. Telephone conference call with TAD regarding update. Emails with opposing counsel regarding phone conversation and canceling deposition. Emails with City regarding canceled deposition. Emails with TAD regarding canceled deposition. 1.20 TAD Receipt and review of correspondence re: amended notice of deposition. Revise objection to include motion for protective order re: issues with amended notice. Confer with GB re: depositions and witness issues. 1.50 IR Receipt and review of the City of Boynton Beach's Objection to the Plaintiff's Amended Notice of Taking Depositions [3], and the City's Motion for Protective Order, pertaining to same; 0.20 09/04/2020 GB Finished summarizing Plaintiffs deposition transcript. 1.30 09/08/2020 GB Emails with opposing counsel regarding canceling deposition. 0.10 09/09/2020 GB Email to opposing counsel regarding cancellation of City's deposition. 0.10 09/16/2020 IR Receipt and review of Plaintiffs Notice of Cancellation of Deposition of Defendant, City of Boynton Beach's Corporate Representative, scheduled for September 16, 2020; 0.20 09/22/2020 GB Telephone conference call and emails with TAD regarding moving case along. 0.30 09/24/2020 GB Email to opposing counsel following up on phone conversation re: Page 142 of 919 Page: 2 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9905369 STATEMENT NO: 32976 adv. Moyse, Roseline (RLO) HOURS settlement. 0.10 FOR CURRENT SERVICES RENDERED 8.40 1,690.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 6.10 $205.00 $1,250.50 INGRID RIERA 0.40 125.00 50.00 TRACEY A. DECARLO 1.90 205.00 389.50 TOTAL CURRENT WORK 1,690.00 BALANCE DUE $1,690.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 143 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905419 Boynton Beach FL 33435 STATEMENT NO: 32977 Attn: Lynn Swanson adv. Farrar, Regina (RLO)(Charge of Discrimination Billing Category: 18- RLO HOURS 09/03/2020 TAD Receipt and review of correspondence re: dismissal and receipt of dismissal. Confer with City re: same. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 144 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905421 Boynton Beach FL 33435 STATEMENT NO: 32978 Attn: Lynn Swanson adv. McFadden, Patrick (K9 Injuries) Billing Category: 18- RLO Claim#19779868 HOURS 09/02/2020 IR Receipt and review of Co-Defendant, Mark Sohn's Reply to the Plaintiff's Opposition Motion to Move Case to State Court; 0.20 09/03/2020 TAD Receipt and review of proposed joint scheduling report and order. Review of initial disclosures and documents and witnesses therein. Review complaint allegations re: disclosures and stipulation. Confer with GB re: order and disclosures. 2.10 GB Continued drafting Initial disclosures. 2.20 09/04/2020 TAD Review City's initial disclosures and prepare correspondence re: same. Confer with GB re: production of records from City and from incident. Review additional records re: same. 1.20 GB Emails with Sohn's attorney regarding initial disclosures. Telephone conference call with TAD regarding initial disclosures. Received and reviewed documents from City for initial disclosures. 0.70 09/08/2020 GB Telephone conference call with Sohn's attorney regarding Joint Disclosures. Conversations with TAD regarding joint disclosures. Legal Research regarding redacting 911 calls and body camera footage. Emails with Sohn's attorney regarding Joint Disclosures. Research regarding confidentiality orders. 1.50 TAD Review information re: initial disclosures and documents to be protected. Prepare correspondence re: same. 1.30 09/10/2020 GB Emails with City regarding documents. Email with opposing counsel regarding proposed Joint Scheduling Report, Proposed Scheduling Order, and Election to Jurisdiction by Magistrate. Emails with Sohn's attorney regarding joint scheduling order and initial disclsoures. Telephone conference call with TAD regarding initial disclosures. Telephone conference call with Plaintiff's counsel regarding initial disclosures. Emails with TAD regarding Plaintiffs deposition. 1.80 TAD Receipt and review of correspondence re: depositions. Review documentation re: initial disclosures and confidentiality. Confer with GB re: initial disclosures and scheduling order. 0.70 09/11/2020 GB Email with opposing counsel regarding Plaintiff's deposition. Email with TAD regarding deposition dates. Telephone conference call with Sohn's attorney Page 145 of 919 Page: 2 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9905421 STATEMENT NO: 32978 adv. McFadden, Patrick (K9 Injuries) HOURS regarding initial disclosures. 0.50 09/14/2020 GB Finalized and served City's Initial Disclosures upon opposing counsel. 0.30 IR Receipt and review of City of Boynton Beach's Initial Disclosures; receipt and review of Joint Scheduling Report, following Rule 26(f), filed by Co-Defendant, Mark Sohn, along with text of Proposed Order, Joint Proposed Scheduling Order, filed 9.14.20; receipt and review of Joint Notice and Consent to Jurisdiction, United States Magistrate Judge, by all parties for Final Dispositions of Motions, filed by Defendant Sohn on 9.14.20; receipt and review of Certificate of Other Affiliates/Corporate Disclosure Statement, filed by Defendant Sohn on 9.14.20; receipt and review of Certificate of Other Affiliates/ Corporate Disclosure Statement, filed by Plaintiff on 9.14.20; receipt and review of Initial Disclosures, filed by the Plaintiff on 9.14.20; 1.20 09/15/2020 GB Reviewed footage provided by City. 3.30 09/16/2020 TAD Receipt and review of correspondence to Court and proposed order. Receipt of plaintiff's initial disclosures. Prepare correspondence re: same. 0.70 GB Emails with TAD regarding Plaintiffs Initial Disclosures. Emails with opposing counsel regarding Plaintiff's Initial Disclosures. 0.30 IR Receipt and review of Order Setting Civil Jury Trial, Pretrial Deadlines and Referral to Magistrate Judge [William Matthewman], with cut-off deadline dates, in advance of trial on November 8, 2021 and live Calendar Call on November 2, 2021 at 9:OOa.m.; preparation of tickler to prepare Trial Order Outline, with all noted deadlines, for litigation team; 0.50 09/17/2020 TAD Receipt and review of scheduling order. Receipt of order setting discovery procedures. 0.60 IR Receipt and review of Magistrate Judge William Matthewman's Order Setting Discovery Procedures, entered September 17, 2020; preparation of Trial Order Outline, following Honorable Judge Rodney Smith's entry of his Order Settling Civil Trial Date, Pretrial Deadlines and Referral to Magistrate Judge [DE 17], with included footnotes of specific Court directives to the parties; online research of Judge Smith's Judicial Instructions to Litigants, who appear in his Court; reviewed pleadings and preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; 3.90 09/18/2020 TAD Receipt and review of order of referral to mediation. Receipt of correspondence re: trial setting. Receipt and review of order setting discovery procedures. Review video from City police department re: production issues. Prepare memoradum re: same. 3.80 GB Emails with TAD regarding video production. Legal research regarding exemption to public records for body camera footage. Draft tristar report. 4.40 09/21/2020 TAD Receipt and review of information re: body cam footage. Confer with GB re: same. 0.50 GB Continued drafting initial tristar report and budget. 2.60 09/22/2020 TAD Receipt and review of correspondence re: dash cam footage. Confer with GB re: report and budget. Review initial disclosures re: discovery and report. 1.10 GB Telephone conference call with TAD regarding discovery. Emails with TAD regarding tristar report. 0.30 Page 146 of 919 Page: 3 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9905421 STATEMENT NO: 32978 adv. McFadden, Patrick (K9 Injuries) HOURS 09/23/2020 GB Telephone conference call with TAD Regarding initial disclosures. Continued drafting tristar report and reviewed dash camera footage, and interrogation videos for report and initial disclosures. 2.90 09/24/2020 GB Continued watching videos for initial disclosures and taking notes for tristar report and report to City. 0.90 09/25/2020 TAD Receipt and review of information from police department re: pursuit and videos and confer with GB re: same. 0.40 GB Reviewed and notes of initial disclosures. 3.20 09/29/2020 GB Email to TAD regarding redacting audio and notes from initial disclosure. 0.10 09/30/2020 GB Reviewed Plaintiff's initial disclosures. Email with opposing counsel regarding Sohn's deposition. Email with City regarding redactions. Telephone conference call with TAD regarding initial disclosures. 3.40 TAD Receipt and review of information re: initial disclosures and confer with GB re: production. 0.50 IR Research the parties' Initial Disclosures, filed with the Court, in compliance with the Court's Order Requiring Joint Scheduling Report, Certificate of Interested Parties and Corporate Disclosure Statements, entered by Judge Smith on July 31, 2020 [DE 3]; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum Tracking Chart, listing new anticipated witnesses and records custodians, following the first disclosures; 1.40 FOR CURRENT SERVICES RENDERED 48.50 9,366.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 28.40 $205.00 $5,822.00 INGRID RIERA 7.20 125.00 900.00 TRACEY A. DECARLO 12.90 205.00 2,644.50 TOTAL CURRENT WORK 9,366.50 BALANCE DUE $9,366.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 147 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905423 Boynton Beach FL 33435 STATEMENT NO: 32979 Attn: Lynn Swanson adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit Billing Category: 18- RLO Claim#19780873 HOURS 09/02/2020 TAD Complete report to City and adjuster re: motions and status. Review plaintiffs reply and case law from same. 1.70 09/09/2020 TAD Receipt and review of plaintiff's memorandum in opposition to City's Daubert Motion. Review case law cited therein. Review additional case law. Begin draft of Reply memorandum of law. 3.70 IR Receipt and review of the Plaintiffs' Homing Inn Clerk's Objection to the City's Motion to Strike the Plaintiffs financial expert witness and the Clerk of the Court's acknowledgement of same; 0.20 09/14/2020 TAD Receipt and review of order from court re: motion hearing. Continue review of case law re: reply memo. Continue draft of memorandum of law re: reply to plaintiffs opposition to Daubert Motion. 2.40 IR Receipt and review of Order Setting Evidentiary Hearing on Plaintiffs Renewed Motion for Preliminary [and for Permanent] Injunctive Relief, or in the Alternative, Motion for Partial Summary Judgment, scheduled for September 29, 2020, at 1:OOpm before Honorable Judge Dimitrouleas, entered on September 14, 2020; preparation of updates and ticklers, leading up to said evidentiary hearing; 0.30 09/15/2020 TAD Review Fisher testimony re: claims by Plaintiff for reply memorandum of law. Revise reply to include additional arguments. Prepare motion to appear at hearing telephonically. Begin preparation for hearing on motion for summary judgment. Prepare proposed order for court and correspondence re: same. 3.30 IR Receipt and review of the City of Boynton Beach's Reply to Response to [Daubert] Motion to Exclude Testimony of Jay Fisher; receipt and review of the City of Boynton Beach's Motion to Appear Telephonically at the 9.29.20 evidentiary hearing with Order; Motion to Re-Set Deadlines and Hearings, by the City of Boynton Beach, with proposed Text of Court Order; prepared tickler for response from the Court; 0.50 09/16/2020 TAD Receipt and review of order continuing trial without continuing pre-trial requirements. Prepare correspondence to the City re: same. 0.40 IR Receipt and review of Paperless Order, entered this date by Honorable William P. Dimitrouleas, pertaining to all trials are moved to January 4, 2021, all deadlines in the Court's current Scheduling Order, with exception Page 148 of 919 Page: 2 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 32979 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit HOURS of 2 week trial period, remain as scheduled, counsel must file any motions to appear at the Calendar Call telephonically 72 hours in advance and the Court will discuss setting a new trial date at that time; receipt and review of TAD email to J. Oldbury and others, regarding status of Judge Dimitrouleas' Order entered this date; 0.30 09/18/2020 TAD Review testimony of plaintiffs Kirit and Dipika Shah re: motion in limine. Review case law re: exclusion of testimony for motion. 2.80 09/21/2020 TAD Review pattern instructions and case law re: proposed jury instructions. 1.90 09/23/2020 TAD Receipt and review of order re: hearings. Begin preparation for hearing on City's Motion for summary judgment re: due process arguments. 2.70 09/25/2020 TAD Receipt and review of correspondence re: update on Homing Inn Chronic Nuisance matter and other chronic nuisance matters in the City. Review claims and motions and prepare proposed pre-trial stipulation including statement of the case, undisputed issues and issues to be tried or determined by the court. Continue review of case law and arguments re: hearing on City's motion for summary judgment. 4.30 09/28/2020 TAD Receipt and review of case law and prepare outline of arguments for motions. Prepare outline of arguments for hearing on Plaintiffs motion for summary judgment. Review case law and prepare outline of arguments for hearing on the City's Motion for Summary judgment. Review additional authorities cited by Plaintiff re: hearing. Review deposition testimony re: preparation for hearings. 4.80 09/29/2020 TAD Review additional case law re: first amendment issues. Attend hearing on motions. 3.80 IR Receipt and review of Paperless Court Order, entered by William P. Dimitrouleas, following today's hearing on substantive and dispositive motions filed by the parties; the Court rescheduled Calendar Call for February 26, 2021 and the Jury Trial for the two week period, commencing March 1, 2021, with the Court noting it will separately entered an Order Re-Setting Trial in 2021; prepared ticklers to receive an amended trial order, from Judge Dimitrouleas, as well tickler to prepare a revised Trial Order Outline, with new deadlines, leading up through civil jury trial; 0.80 FOR CURRENT SERVICES RENDERED 33.90 6,781.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 2.10 $125.00 $262.50 TRACEY A. DECARLO 31.80 205.00 6,519.00 TOTAL CURRENT WORK 6,781.50 BALANCE DUE $6,781.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 149 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905428 Boynton Beach FL 33435 STATEMENT NO: 32980 Attn: Lynn Swanson adv. Ylusse, Lucita (Slip and Fall Accident) Billing Category: 18- RLO Claim#20190708-02 HOURS 09/04/2020 IR Receipt and review of new City of Boynton Beach claim received from Attorney Chad Horowitz, Esq., along with attachments thereto; initial preparation of the City's Trial Witness and Subpoena Duces Tecum tracking chart, to list initial names and contact information for potential witnesses to anticipated litigation; preparation of ticklers, to follow up with TAD in 30 days, regarding any litigation preparation to move forward with; 1.10 09/10/2020 TAD Receipt and review of correspondence re: claim information and claim letter. 0.30 FOR CURRENT SERVICES RENDERED 1.40 199.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.10 $125.00 $137.50 TRACEY A. DECARLO 0.30 205.00 61.50 TOTAL CURRENT WORK 199.00 BALANCE DUE $199.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 150 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905448 Boynton Beach FL 33435 STATEMENT NO: 32981 Attn: Lynn Swanson v. Fontenot, Joel (MVA) Billing Category: 18- RLO Claim#19787449 HOURS 09/01/2020 TAD Receipt and review of correspondence from plaintiff re: discovery. Confer with GB re: settlement issues. Receipt of correspondence from adjuster re: settlement issues. Prepare correspondence to City re: same. Review proposed settlement agreement and terms re: conference with City re: options. Review policy provisions regarding proposed settlement agreement. Outline options re: settlement proposal from plaintiff. 1.30 IR Receipt and review of email from Plaintiffs counsel, regarding an extension of time to respond to Plaintiffs discovery requests; prepared tickler; 0.30 09/02/2020 TAD Receipt and review of correspondence re: claim information. Confer with City re: status of settlement offer and actions moving forward. Confer with City re: response to discovery. 0.70 09/09/2020 TAD Receipt and review of correspondence from plaintiff re: offer. Prepare correspondence re: same. 0.30 09/23/2020 TAD Confer with Thomas re: response to discovery. Confer with City re: same. Receipt of correspondence from City re: meeting with driver and information re: discovery responses. Prepare response to same. Review information re: incident and draft request for production to Plaintiff. Draft interrogatories to plaintiff. 3.20 09/24/2020 TAD Confer with Thomas re: interrogatories. Revise interrogatory responses. Prepare correspondence to City re: same. 1.10 09/25/2020 TAD Review information from investigation of accident and report. Review Plaintiff demand package. Prepare additional discovery requests to plaintiff. Prepare outline of information re: City personnel and incident and witnesses. 1.80 09/28/2020 IR Receipt and review of the City of Boynton Beach's discovery responses to Plaintiff; updated the Trial Witness and Subpoena Duces Tecum tracking chart; 0.30 FOR CURRENT SERVICES RENDERED 9.00 1,797.00 Page 151 of 919 Page: 2 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9905448 STATEMENT NO: 32981 v. Fontenot, Joel (MVA) RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.60 $125.00 $75.00 TRACEY A. DECARLO 8.40 205.00 1,722.00 TOTAL CURRENT WORK 1,797.00 BALANCE DUE $1,797.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 152 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905459 Boynton Beach FL 33435 STATEMENT NO: 32982 Attn: Lynn Swanson adv. CantrellL, Wanda (Trip and Fall) Billing Category: 18- RLO Claim# HOURS 09/21/2020 TAD Receipt and review of correspondence from City and adjuster re: request for records. Review request for insurance information and preservation request from claimant. Prepare correspondence to City re: same. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 153 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905460 Boynton Beach FL 33435 STATEMENT NO: 32983 Attn: Lynn Swanson adv. Johnson, Alexis (False Imprisonment) Billing Category: 18- RLO Claim#20806809 HOURS 09/11/2020 TAD Receipt and review of correspondence from City and adjuster re: status of claim and information from claimant counsel. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 154 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905462 Boynton Beach FL 33435 STATEMENT NO: 32984 Attn: Lynn Swanson adv. Capobianco, Ewa (Charge of Discrimination) Billing Category: 18- RLO Claim#20806974 HOURS 09/02/2020 TAD Receipt and review revise initial report re: additional information from City. 0.90 FOR CURRENT SERVICES RENDERED 0.90 184.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.90 $205.00 $184.50 TOTAL CURRENT WORK 184.50 BALANCE DUE $184.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 155 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905511 Boynton Beach FL 33435 STATEMENT NO: 32985 Attn: Lynn Swanson adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) Billing Category: 18- RLO Claim#20825463 HOURS 09/01/2020 TAD Receipt and review of correspondence re: status of property. Review records re: status of administrative actions re: conference with City and Risk regarding actions and suit. Confer with HN re: response to complaint and meeting issues. 1.40 HN Drafting motion to dismiss and legal research in response to Plaintiffs complaint. Drafted and researched issues raised in complaint relating to suing an agent of the city in their official capacity, failure to establish a cause of action for violation of the 5th amendment and 14th amendment. Phone call discussion with TAD in preparation for phone call tomorrow with City Manager, Risk department and JAC relating to this case. 4.70 09/02/2020 TAD Receipt and review of correspondence re: information on claims in federal lawsuit and case law re: same. Confer with HN and JAC re: claims. Attend telephone conference with City re: claims and actions moving forward. Receipt of correspondence from City re: demolition status. Confer with HN re: demolition issues and response to federal suit. 1.10 HN Phone call with TAD and JAC in preparation of conference call with city manager and risk department. Review of 11th Cir case, Bailey v. City of Pinellas with almost the same facts. Incorporating case law into motion to dismiss. Phone conference with Lori, Julie, TAD and JAC regarding federal complaint and order of demolition. Phone call discussion with TAD. Phone call discussion with Shane Kittendorf to hold off on sending demolition letter until we have ruling on motion to dismiss. Drafting response to injury section of complaint. 4.40 09/03/2020 HN Drafting motion to dismiss and legal research on westlaw. Writing portion of motion relating to requested speculative damages. Drafted section relating to vacating the board's order of demolition. 3.30 09/04/2020 HN Drafting Motion to Dismiss and completed sections relating to requesting the court to vacate the order of the Building Board of Adjustments and Appeals, legal research regarding that issue. Drafted response to Plaintiffs request for punitive damages and actual damages. Review and edits of the entire motion to dismiss (20 pages). 4.70 09/08/2020 TAD Review motion to dismiss and memorandum of law. Review case law re: Page 156 of 919 Page: 2 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9905511 STATEMENT NO: 32985 adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) HOURS same. Prepare revisions to same and correspondence re: motion. Receipt of correspondence from CRA counsel re: complaint issues. Confer with HN re: response to complaint. 3.70 HN Discussion with TAD regarding edits of motion to dismiss. Review of TAD's edits. Revising motion. 1.20 09/09/2020 HN Phone call discussions with Adam Temple and Shane Kittendorf. Further review and edits of motion to dismiss complaint. Review of Sections 468.601-633, Florida Statutes regarding the building official. 2.10 TAD Review additional case law re: response to claims. Receipt of correspondence from CRA counsel re: meeting. 0.80 09/10/2020 HN Email to Adam Temple and review of information from Shane Kittendorf. Review of Section 468.619(1), Florida Statutes as to building code enforcement bill of rights. Discussion with TAD regarding doing a separate motion to discuss for Shane Kittendorf related to a qualified immunity argument. Research on westlaw for cases that instruct that a federal court can't tell a city how to enforce code. Further edits to motion to dismiss. 3.40 TAD Receipt and review of correspondence re: response to Motion to Dismiss. Review additional case law re: claim against building official and response to same. Confer with HN re: same. 2.70 09/11/2020 TAD Attend telephone conference with CRA counsel re: claims and response. Review claims and information from meeting re: response. Confer with HN re: additional arguments for motion to dismiss. 2.20 HN Drafting Kittendorfs Motion to Dismiss. Phone conference with counsel for CRA and TAD. Research as to whether City may attach exhibits to motion to dismiss if not incorporated into motion. Edits to City's Motion to dismiss and drafting Kittendorf motion to dismiss. Review of case law providing that a building official is entitled to qualified immunity when sued in their individual capacity. Incorporated said case law into Shane Kittendorf's Motion to Dismiss. Incorporated additional case law to the City's Motion to Dismiss. 5.20 09/13/2020 HN Review and revise of the City's motion to dismiss complaint and Shane Kittendorfs motion to dismiss. Reorganized motions and elaborated on the qualified immunity argument in Kittendorf's motion. 3.40 09/14/2020 TAD Review case law re: claims against City building department. Revise motion to dismiss re: Building Official. Revise motion to dismiss re: City to include additional arguments. Confer with HN re: same 4.70 09/15/2020 TAD Receipt and review of correspondence re: issues with Plaintiffs engineer report re: response to complaint. Receipt of correspondence re: motion for default and prepare response to same. Revise motions to dismiss and prepare correspondence re: same. Confer with HN re: notice issues. 2.20 HN Review of TAD edits and comments to City's Motion to dismiss. Edits to City's motion to dismiss. Edits to Shane Kittendorf's motion to dismiss. Phone call discussion with Shane Kittendorf. Discussions with TAD regarding motions. Email to JAC cc TAD both City's motion to dismiss and Kittendorfs motion to dismiss. Email draft of motion to dismiss to Shane Kittendorf and CRA. 3.50 09/16/2020 TAD Receipt and review of correspondence re: motions to dismiss. Confer with Page 157 of 919 Page: 3 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9905511 STATEMENT NO: 32985 adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) HOURS HN re: issues with response and documents. Begin preparation of initial report. 3.80 HN Phone call with counsel for the CRA. Phone discussion with TAD and approval to file the motions to dismiss. Review of Federal Rule of Civil Procedure, Rule 5 regarding mailing pleading to defendant. Review of motions. Review of CRA's Motion to Dismiss. 1.40 IR Reviewed pleadings filed by all parties,to date; receipt and review of the City of Boynton Beach and the City of Boynton Beach's City Managers' Motion to Dismiss Plaintiff's Complaint, and added party, City of Boynton Beach Building Department, Plaintiff's response due September 30, 2020; receipt and review of the City of Boynton Beach's Building Department's Motion to Dismiss Plaintiff's Complaint, and Plaintiffs Response due by September 30, 2020; preparation of ticklers regarding the federal rules deadlines; 1.10 09/17/2020 TAD Receipt of correspondence re: CRA motion to dismiss. Receipt of CRA/Simon motion to dismiss and supporting memorandum of law. Confer with HN re: service issues. 1.50 IR Receipt and review of the Clerk of the Federal Court's acknowledgment and filing of the Defendant's Motion to Dismiss Plaintiff's Complaint, with Prejudice, and its Incorporated Memorandum of Law, by the City of Boynton Beach Community Redevelopment, by Attorney Andrew Joseph Baumann, with Plaintiffs Response due by September 30, 2020; preparation of tickler to receive said response by the Plaintiffs; 0.30 09/21/2020 TAD Revise correspondence re: report on claims and motions. Prepare budget for claim. Review information on claim re: initial disclosure issues. 2.40 09/23/2020 TAD Receipt and review of order setting trial and confer with HN re: same. 0.30 HN Review of court scheduling order for trial in April. Phone call discussion with TAD. Phone call discussion with GB. 0.40 09/25/2020 TAD Receipt and review of trial order and prepare correspondence to City re: same. Receipt of correspondence re: issues with service on plaintiffs. Receipt of order to pro se plaintiff. 0.50 HN Review of scheduling order and instructions for pro se litigants. Discussion with TAD. 0.40 09/28/2020 HN Review of Karen Ho's notice of change of address. Email exchange with TAD. Review of scheduling orders and Karen and Wing Ho's deadline to file a response to our motion to dismiss. Review of pacer. 0.20 IR Receipt and review of email from litigation team, enclosing Judge Middlebrooks's Trial Order, for April 12, 2021 two week trial docket and reviewed dates and cut-off deadlines, leading up to trial; receipt and review of DE 14, Order of Instructions to Production Se Plaintiffs, entered by Magistrate Judge Brannon; receipt and review of Plaintiff's Notice of Change of Address; receipt and review of DE 15, Pretrial Scheduling Order and Order Referring Case to Mediation, entered by Magistrate Judge Brannon; preparation of updates to Trial Witness and Subpoena Duces Tecum tracking chart; initial layout of Trial Order Outline, utilizing recently entered Court Orders; 2.10 TAD Receipt and review of notice of change of address. Review order from court re: deadlines and procedures. Confer with HN re: same. 0.60 Page 158 of 919 Page: 4 CITY OF BOYNTON BEACH 10/02/2020 ACCOUNT NO: 306-9905511 STATEMENT NO: 32985 adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) HOURS 09/29/2020 IR Reviewed pleadings and court docket; receipt and review of Plaintiffs Change of Address, filed with federal court, with claims Plaintiff was not allowed into property by homeowners' association; prepared updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; 1.30 09/30/2020 IR Review of pleadings and issues; analyzed the Court's Order Referring Case and Setting Trial Date, entered by US Judge Donald M. Middlebrooks, for all deadlines in advance of trial; finalized the City of Boynton Beach's Trial Order Outline, which includes Magistrate Judge Brannon's Pretrial Scheduling Order and Order Referring Case to Mediation, entered on September 25, 2020, as well as preparation of ticklers of trial deadlines, from 2020 through April 12, 2021; preparation of updates to Trial Witness and Subpoena Duces Tecum tracking chart; 3.10 TAD Receipt and review of correspondence re:plaintiffs response and confer with HN re: same. Review order setting trial and deadlines for claim regarding discovery plan and initial disclosures. Review reply to motion from defendant and prepare correspondence re: same. 1.60 HN Review of Pretrial scheduling order and draft of joint discovery plan. Discussion with TAD. Follow up email to TAD with the draft discovery plan. Review of Rule 26(f)of the Federal Rules of Civil Procedure. 2.20 FOR CURRENT SERVICES RENDERED 77.90 15,337.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 40.50 $205.00 $8,302.50 INGRID RIERA 7.90 125.00 987.50 TRACEY A. DECARLO 29.50 205.00 6,047.50 Photocopies 26.60 TOTAL EXPENSES THRU 09/30/2020 26.60 TOTAL CURRENT WORK 15,364.10 BALANCE DUE $15,364.10 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 159 of 919 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 10/02/2020 100 E. Ocean Avenue ACCOUNT NO: 306-9905513 Boynton Beach FL 33435 STATEMENT NO: 32986 Attn: Lynn Swanson adv. Lichtenberger, Kim (Personal Injury) Billing Category: 18- RLO Claim# HOURS 09/11/2020 TAD Receipt and review of correspondence re: claim. Review claim letter and information from claimant and City re: same. 0.30 IR Receipt and review of email from Richard Ignoffo, Risk Management Coordinator I / Human Resources at the City of Boynton Beach, regarding potential new litigation case, from May 13, 2019, reviewed correspondence dated 9.3.20 from 1.20 09/14/2020 IR Online search of Claimant's previous litigation involvement, in the 15th Judicial Circuit, in both county and circuit courts, including potential criminal division cases; prepared City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, for use in anticipation of litigation; 2.40 FOR CURRENT SERVICES RENDERED 3.90 511.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 3.60 $125.00 $450.00 TRACEY A. DECARLO 0.30 205.00 61.50 TOTAL CURRENT WORK 511.50 BALANCE DUE $511.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 160 of 919 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach October 22, 2020 Attn: Karen Klein Bill No. 54287 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: McFadden v. CBB/Sohn 20469 Claim #N/A BILL FOR FEES AND COSTS THROUGH 09/30/20 PROFESSIONAL SERVICES Date Services Attorney Hours 09/02/20 Preparation of correspondence to Ms. Betesh re: draft Joint AGB 0.20 Scheduling Report and Disclosure for his review. 09/03/20 Receipt and review of correspondence from Ms. Betesh re: AGB 0.20 acknowledging receipt of draft Joint Scheduling Report and Disclosures for her review. 09/08/20 Receipt and review of correspondence from Ms. Betesh re: City AGB 0.20 of Boynton Beach's Initial Disclosures. 09/08/20 Receipt and review of correspondence from Ms. Betesh re: AGB 0.20 documents regarding City of Boynton Beach's initial disclosures. 09/08/20 Attendance at multiple telephone conferences with Ms. Betesh AGB 0.30 to discuss the City of Boynton Beach and Officer Sohn's initial disclosures and the joint scheduling report. 09/08/20 Draft/Revise additional revisions to Officer Sohn's Rule 26 initial AGB 0.20 disclosures to include additional documents provided by Ms. Betesh. 09/09/20 Review/Analyze Co-defendant, City of Boynton Beach's, initial SWK 0.60 disclosures and company file produced by Attorney Traci DeCarlo, Counsel for City of Boynton Beach. 09/09/20 Review/Analyze Radio dispatch call from Boynton Beach Police SWK 0.40 Department to Officer Sohn produced by Traci DeCarlo, Counsel for City of Boynton Beach, approximately 36 minutes. 09/09/20 Review/Analyze 911 call to Boynton Beach Police Department SWK 0.20 produced by Traci DeCarlo, Counsel for City of Boynton Beach, approximately 7 minutes. Page 161 of 919 Client: City of Boynton Beach October 22, 2020 Matter: 20469 - McFadden v. CBB/Sohn Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 09/09/20 Review/Analyze Dash cam footage from Officer Sohn produced SWK 0.80 by Traci DeCarlo, Counsel for City of Boynton Beach, approximately 50 minutes dated September 7, 2017. 09/09/20 Review/Analyze additional body cam footage from Officer Sohn SWK 0.80 produced by Traci DeCarlo, Counsel for City of Boynton Beach, approximately 50 minutes dated September 7, 2017. 09/09/20 Preparation of correspondence to Ms. Betesh re: We have no AGB 0.20 objection to entering into a confidentiality order on the video and radio transmissions. 09/10/20 Receipt and review of correspondence from Ms. Betesh re: AGB 0.20 advising Co-Defendant has no objection to the proposed joint scheduling report, order, and election to jurisdiction by magistrate. 09/10/20 Draft/Revise correspondence to Mr. Finney re: edits made to AGB 0.20 proposed joint scheduling report and order. 09/10/20 Review/Analyze correspondence to Mr. Finney re: authorizing AGB 0.20 to add electronic signature to documents. 09/10/20 Attendance at telephone conference with Mr. Finney regarding AGB 0.20 joint scheduling report and proposed scheduling order. 09/10/20 Draft/Revise additional revisions to joint scheduling report AGB 0.10 pursuant to telephone conference with Mr. Finney. 09/10/20 Draft/Revise additional revisions to proposed scheduling order AGB 0.10 pursuant to telephone conference with Mr. Finney 09/11/20 Appear For/Attend telephone conference with Ms. Betesh AGB 0.10 regarding addressing confidentiality of documents. 09/14/20 Preparation of correspondence to Mr. Finney and Ms. Betesh AGB 0.20 re: Defendant, Mark Sohn's Initial Disclosures. 09/14/20 Preparation of correspondence to Judge Smith re: Proposed AGB 0.20 Scheduling Order Setting Civil Trial Date and Pretrial Schedule. 09/16/20 Receipt and review of correspondence from Ms. Betesh AGB 0.20 directed to Mr. Linnes re: requesting documents responsive to Plaintiffs Initial Disclosures. 09/16/20 Receipt and review of correspondence from Mr. Linnes directed AGB 0.20 to counsel re: he will forward flash drive with documents responsive to Plaintiffs Initial Disclosures. 09/16/20 Receipt and review of correspondence from Ms. Betesh AGB 0.20 directed to Mr. Linnes re: acknowledging he will forward flash drive with documents responsive to Plaintiffs Initial Disclosures. 09/17/20 Receipt and review of Court's Order Setting Trial. SWK 0.10 09/17/20 Preparation of Correspondence to Karen Klein re: trial and SWK 0.30 deadlines. 09/17/20 Receipt and review of Court's Order Setting Discovery SWK 0.10 Procedures. Page 162 of 919 Client: City of Boynton Beach October 22, 2020 Matter: 20469 - McFadden v. CBB/Sohn Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 09/22/20 Preparation of Notice of Taking Video Deposition of Patrick SWK 0.10 McFadden. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 3.60 160.00 576.00 SWK Stephanie W. Kaufer, Partner 3.40 185.00 629.00 Total Professional Services 7.00 $1,205.00 DISBURSEMENTS Date Description Amount 07/31/20 Filing Fee #2989375-Florida Southern District Court filing 400.00 fee Total Disbursements $400.00 CURRENT BILL TOTAL AMOUNT DUE $ 1,605.00 Balance Forward: 2,750.50 Payments &Adjustments: -2,750.50 Total Due: $ 1,605.00 Page 163 of 919 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 54287 Bill Date: October 22, 2020 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 20469 Matter Name: McFadden v. CBB/Sohn Total Professional Services 1,205.00 Total Disbursements 400.00 CURRENT BILL TOTAL AMOUNT DUE $ 1,605.00 Balance Forward: 2,750.50 Payments &Adjustments: -2,750.50 Total Due: $ 1,605.00 Past Due Balance 0.00 TOTAL AMOUNT DUE $1,605.00 Page 164 of 919 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 Tristar Risk Management October 22, 2020 Attn: Karen Klein Bill No. 54299 P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. 138 MATTER: Readon v. Boynton Beach 18187 Claim #001470-000396-AB-01 BILL FOR FEES AND COSTS THROUGH 09/30/20 PROFESSIONAL SERVICES Date Services Attorney Hours 09/08/20 Communicate/With Client multiple correspondences to and SWK 0.30 from Gal Betesh re: pending transcript of deposition of Officer Mark Sohn. 09/08/20 Communicate/With Client correspondence to Officer Sohn re: SWK 0.20 deposition transcript of his testimony to be reviewed and Errata sheet to be filled out with necessary changes. 09/11/20 Review/Analyze deposition transcript of Officer Mark Sohn, 277 SWK 2.30 pages, taken on 8/26/20. 09/24/20 Review and analysis of of voluminous deposition testimony of KLR 1.60 Mark Sohn for any new information for possible future discovery. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount KLR Kathryn L. Reeves, Paralegal 1.60 110.00 176.00 SWK Stephanie W. Kaufer, Partner 2.80 185.00 518.00 Total Professional Services 4.40 $694.00 Page 165 of 919 Client: Gallagher Bassett Services, Inc. October 22, 2020 Matter: 18187 - Readon v. Boynton Beach Page 2 CURRENT BILL TOTAL AMOUNT DUE $ 694.00 Balance Forward: 1,852.00 Payments &Adjustments: -1,852.00 Total Due: $ 694.00 Page 166 of 919 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 54299 Bill Date: October 22, 2020 Client Code: 138 Client Name: Gallagher Bassett Services, Inc. Matter Code: 18187 Matter Name: Readon v. Boynton Beach Total Professional Services 694.00 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 694.00 Balance Forward: 1,852.00 Payments &Adjustments: -1,852.00 Total Due: $ 694.00 Past Due Balance 0.00 TOTAL AMOUNT DUE $694.00 Page 167 of 919 6.E. CONSENTAGENDA 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Approve minutes from the City Commission meeting on October 6, 2020. Explanation of Request: The City Commission met on October 6, 2020 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Non-budgeted N/A Alternatives: Do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Minutes Minutes 10-06-2020 Page 168 of 919 Minutes of the City Commission Meeting Held Online via the GoToWebinar Platform Boynton Beach, Florida On Tuesday, October 6, 2020, at 5:30 p.m. Present: Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Crystal Gibson, City Clerk Woodrow L. Hay, Commissioner Christina Romelus, Commissioner 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:34 p.m. John McNally, ITS Director, explained how the online meeting would proceed and how the public could participate Invocation by Pastor Randy Patterson of Seacrest Presbyterian Church Commissioner Hay gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Christina L. Romelus Commissioner Romelus led the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant explained the City Manager requested adding Transportation to Early Voting to New Business as Item 11A. Commissioner Hay requested adding City Attorney James Cherof comments about the City's victory regarding the City's Chronic Nuisance Ordinance as Item 2B. Mayor Grant thought it should be heard as Item 12C under legal as it pertained to the Circuit Court's ruling against the Homing Inn. There were no objections. Commissioner Romelus asked Chief Gregory to speak about the transparency webpage he created under Announcements and to add the next City Page 169 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 Commission meeting having a discussion about the EPS Ordinance. Mayor Grant requested the police report be move to under City Managers Report. There was agreement to do so. Vice Mayor Penserga requested information about the ordinance. Commissioner Romelus explained Ms. Harvey would send it out to discuss. She received a request to ask that City facilities not use Styrofoam items. Mayor Grant thought it was already passed. 2. Adoption Motion Commissioner Hay moved to approve the agenda as amended. Commissioner Romelus seconded the motion. The motion unanimously passed. 2. Other A. Informational items by Members of the City Commission Vice Mayor Penserga disclosed he spoke to both parties involved with the Nickels property. Commissioner Romelus spoke with Bradley Miller and received emails from others also about the Nickels property. Commissioner Hay spoke with Centennial about the Nickels property. Commissioner Katz received calls from Bradley Miller and Centennial about the Nickels property with Mr. Miller representing Pulte Group. Mayor Grant advised some people sent him text messages during the meeting to get his attention as he may have missed something. He gave out the proper number. He disclosed he attended a Business Development Bureau seminar and digital inclusion from the Palm Foundation. He attended a Transportation Planning Agency of Palm Beach County meeting where he moved for the agency to have discussion with the County to be better informed about the County's neighbors to the South are doing regarding transit stations. Miami Dade is trying to approve five different stations, he wants to know where Boynton Beach stands between Boca and West Palm Beach and how Boynton Beach can benefit, from the different discussions. He attended the Florida League of Cities and discussed downtown development with the D'Almeida's, Harvey Oyer, John Markey and Mark Hefferin and Davis Camalier. All were open to new ideas, but not necessarily collaborating with one another. He thought if the City wants to add a commercial aspect to it, the City and CRA will have to subsidize it to ensure it is reasonable to develop. He wished all a Happy Rosh Hashanah. He attended the Literacy Coalition announcing they have a new Read for the Record, and determine how to get the most people involved. He read the Nickel Boys book. He attended a Dune Restoration with regional 2 Page 170 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 conservation to expand the biodiversity of the flora along the dunes. He planted dune plants. He spoke with Community Partners about the Navigator program with the $75K investment the City is moving forward with regarding the Wi-Fi extenders, and wanted to ensure the community can educate the community how to properly use technology, and wanted meaningful discussion with health care how to use telemedicine. He noted Yom Kippur was September 28th and he had a conversation about Ocean One and their new development. He spoke with Bonnie Miskel and Lewis Swezy earlier in the day. 3. Announcements, Community and Special Events And Presentations A. Proclaim October 15, 2020 as White Cane Safety Day in recognition of the growing independence and self-sufficiency of individuals who are blind in America and also, to gain recognition of the white cane as the symbol of that independence and that self-reliance. Ted Goodenough, Assistant ADA Coordinator will accept the Proclamation from Mayor Steven B. Grant. Mayor Grant read the proclamation declaring October 15, 2020, as White Cane Safety Day. Present to accept the proclamation was Debby Majors, Grant and ADA Coordinator. Ms. Majors thanked the City on behalf of Lighthouse and others for observing White Cane Safety Day and Guide Dogs. B. Proclaim the Week of October 19 to 25, 2020, as Florida City Government Week. Vice Mayor Penserga will accept the proclamation. Mayor Grant read the proclamation declaring he week of October 19 to 25, 2020 as Florida City Government Week. Present to accept the proclamation was Vice Mayor Penserga who expressed Boynton Beach was leading the way. He was excited about the City's Municipal App as the City was reaching out to residents in ways others are not. He was looking forward to the internship program and expressed working in government was a wonderful career. C. Proclaim the month of October 2020 as Domestic Violence Awareness Month. Jennifer Rey with Aid to Victims of Domestic Abuse, Inc. (AVDA) will accept the proclamation. Mayor Grant read the proclamation declaring the Month of October 2020 as Domestic Violence Awareness Month. Present to accept the proclamation was Jennifer Ray with Aid to Victims of Domestic Abuse, Inc. (AVDA.) Ms. Rey thanked the City Commission and was grateful for the City's support. She noted during the stay at home order, hotline calls dropped dramatically. Individuals were not able to find a way to get away safely. She explained AVDA launched their secure text enabled hotline 561-265-2900 that can be used by victims of domestic violence that may not be able to call via telephone. 3 Page 171 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 D. Proclaim the week of October 18-24, 2020 as Poverty Awareness Week in the City of Boynton Beach. Kemberly Bush, CEO of Pathways to Prosperity, Inc. will accept the proclamation. Mayor Grant read the proclamation declaring October 18-24, 2020, as Poverty Awareness Week. Present to accept the proclamation was present to accept the award. She was excited and proud the City and Pathways was celebrating 10 years of partnership. She invited the City Commission to participate as they have distributed flyers and information and assisted many families to self-sufficiency, who are homeowners. Mayor Grant advised he wanted to work with Pathways to Prosperity to help end the digital divide so all can access the internet and obtain resources. E. Proclaim October 7, 2020 as Energy Efficiency Day in the City of Boynton Beach. Rebecca Harvey, Sustainability Coordinator, will accept the proclamation. Mayor Grant read the proclamation declaring October 7, 2020, as Energy Efficiency Day in the City of Boynton Beach. Ms. Harvey was present to accept the proclamation and thanked the City Commission. It was her fourth year participating in National Energy Efficiency Day. The City has demonstrated its commitment to energy efficiency for the new City Hall and the Police Station by achieving Green Building Certification for the efficient use of resources and reductions of environmental impacts. Residents and businesses can also take advantage Energy Edge Rebate Program and receive up to $1,500 for energy efficient appliances, solar and electric vehicles. To-date, $106K has been rebated. F. Announce the launch of the City of Boynton Beach official mobile application the "MYBB" app. Andrew Mack, Public Works Director, had a brief PowerPoint presentation introducing the City's municipal app called My BB, that would connect Boynton Beach residents to the City. The free app gives citizens 24-hour access to non-emergency services within the City. Mr. Mack reviewed the timeline associated with development of the app, which commenced in August 2019. It was added to the website in July, and downloaded in October. It is available on Apple Play Store and Google Play. He reviewed the features the app provided and a brief tutorial was viewed. With the MyCivic Services App, someone can report an issue in the field and it is added to the system in real time. This is also embedded on the City's website under services to important issues, it brings up a similar page. He also reviewed the My Reports page on the app, which provides a listing of what the person reported and the status. Push notifications can also be received through the app as well. The apps can be used for boil water notices, garbage pickup schedule changes and road closures. Mr. Mack thanked all of the City staff for their expertise in developing the app. Vice Mayor Penserga asked if he could attach a picture of a cracked sidewalk or pothole with a GPS location with the app and learned he could. He asked what information the 4 Page 172 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 City collects from the user and learned only name, phone and contact information. The user can also use the app anonymously. He asked if the app would track the location of the user when not making a report and learned it would not, only when uploading information to report an issue. Commissioners Hay and Romelus were pleased with the app and found it easy to use. Commissioner Romelus also had comments and suggestions she would contact Mr. Mack about later. Eleanor Krusell, Director Public Communications and Marketing, advised Mr. Mack will host a live Facebook interview about MyCivic App on Friday at 10 a.m. G. Announce grand opening of playground areas in Town Square on October 17th. Ms. Krusell announced on Saturday October 17th the City will open the Town Square playground to Funfare. At 9 a.m. the City will welcome its first playground players to the Town Square Public Park west of the Cultural Center and behind the Schoolhouse Children's Museum. Ice cream will be available as well as chalk art. The event is scheduled for 9 a.m. to 11 a.m., but all children and families can stay and play at the playgrounds for the remainder of the day. The playgrounds will be open seven days a week from sunrise to sunset. Ms. Krusell encouraged all to follow the City on Facebook, Twitter and Instagram for further details and use the new hashtag, "Boynton Beach is my Playground." Hand sanitizer will be available. H. Hear monthly update from JKM Developers and E2L Solutions on Town Square project Lori LaVerriere explained Mark Hefferin will make a presentation and Mr. John Markey sent a letter with his update. Mr. Hefferin reviewed an aerial photograph and announced the main areas are now paved and open for business. There is parking behind the museum. Police staff moved in to the new headquarters on June 12th. The public artwork was installed and it is beautiful at night. Staff moved into the Cultural Center on July 2nd and they are cleaning up a few items. The Fire Station move-in date was June 2nd and the District Energy Chiller move- in date was January 31 , 2020. The City Hall move-in date was July 7th and the Library moved in a few weeks later. An aerial of the amphitheater was viewed. They will be testing the system over next few weeks. Centennial Park will have sod on October 12th The time capsule will be delivered and the City could decide what they want to put in the capsule. A plaque will be placed on top of it when it is buried. Ms. Krusell and staff were working on what the capsule will contain. There were meetings held this week about the Synesthesia artwork scheduled for installation on October 16th. He noted the piece lights up at night and plays music. The Children's playground will be open October 17th. The five to twelve-year old playground was finished and will be fenced to for the safety of the children in that area. The asphalt parking north of the playground was just installed last 5 Page 173 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 week. They put in gates last week. The hotel site will be overflow parking and will be landscaped. It will add an attractive component. They met with the City to discuss the current post office and its connectivity. With the hotel design, photos were taken with drones that shows the proposed hotel pool deck and bar area overlooking the Kapok and playground. They are working on the design for the parking and overall design. Mayor Grant thought it was very exciting. He had thought the Old High School was able to be saved and refurbished. He stated that the Schoolhouse Children's Museum's nonprofit agency is also called "Cultural Center". He thought the consensus of the City Commission was that the former Old High School should be called the "Boynton Beach Civic Center" instead until it is given a proper name. There were no objections. A letter from JKM Developers was viewed. Ms. LaVerriere noted staff is not actively negotiating with the developer. There was one exploratory courtesy meeting with a developer interested in partnering with JKM regarding the North parcel. Staff met once with John Markey. Commissioner Katz wanted clarification about efforts by JKM to reach out to commissioners to engage in individual negotiations and circumvent the motion. The motion that was passed was to explain how to proceed as the current contract states by JKM or to acknowledge an inability to adhere to the contract and wind down the relationship. If it is not in the existing contract and if is not about how JKM attempts to comply with the contract, there should be no conversation. Attorney Cherof agreed. Commissioner Katz asked why the letter was submitted if they cannot question JKM representatives that they believe they can move forward. Ms. LaVerriere advised after the last meeting, she emailed Mr. Hefferin and Mr. Markey about the upcoming monthly update. At that time Mr. Markey indicated he would have a representative available and since then submitted an update in writing. Commissioner Katz was disappointed no one showed up. Mayor Grant said Resolution 18-48 does require them to give a monthly update, but it does not state it could not be via letter or in person. There was not much more to say as the City Commission only gave two options. Attorney Cherof noted they had an add-on item regarding 12C in regard to the Chronic Nuisance Ordinance, and requested it be heard now. There were no objections. Deputy City Attorney Shana Bridgeman who handled the matter with staff would make a report to the City Commission. Attorney Bridgeman explained Homing Inn was the first property cited as a chronic nuisance. What staff did previously was they did a mail out to the businesses in the area to give them notice they were looking to partner with them when there are nuisances or chronic nuisances at the property and to work collaboratively rather than penalize them. Homing Inn was the first property cited. Staff had multiple meetings with the property owner and their counsel to explain what was occurring, such as bad lighting, which accommodated people congregating and drugs, and they recommended various improvements such as lighting and cameras to record license 6 Page 174 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 plates to make the property less of a nuisance. The property owner failed to make the changes. The property owner then entered into a written agreement to promise to make the repairs in a certain amount of time. There were several delays and ultimately the matter went to the Code Magistrate. The Magistrate had three separate hearings and issued an order declaring the property a chronic nuisance. The Defendant filed an Appeal and today the 15th Circuit Court ruling in favor of the City as to the legality of the property. The ordinance and the way the City implements the ordinance are lawful as there are other properties that are also nuisance properties. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this three-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Roger Saberson, 2740 SW 23rd Cranbrook Drive, sent an email to the Mayor and City Commission about the Country Trail PUD final plat. Mayor Grant advised the item will be moved from the Consent Agenda and he could speak then. Susan Oyer, 140 SE 27th Way, read the attached letter (see Attachment "B") into the record pertaining to Climate Change and the Nickels Boulevard property. She requested the City rescind Resolution 20-087 as there is protected wildlife on the property. Commissioner Romelus noted there were members of the public coming up to the podium not wearing masks. Mayor Grant explained the attendees were six-feet apart. Commissioner Romelus pointed out the distance was not the issue. They were all speaking into the microphone. Tom Warnke, 2780 Worchester Road, explained the forest is 14 acres located 2.3 miles from City Hall and there has been little or no discussion of public land. He advised the property meets all of the definitions of a forest, which he thought was priceless. He explained due to COVID, many citizens were unaware of the City's plan to sell the forest. He requested time to show the value of public lands and why it should not be sold for housing. He advised the forest is close to the Boynton Mall, that will have hundreds of residences built. It is a one-minute bike ride from the mall on the Boynton Canal on a road that has twelve homes. Some of the property could be a shaded dog park. The Palm Beach County Environmental Resources Management Division advised the forest needs to have a comprehensive site inspection and the County is interested in preserving the property. After speaking with agency personnel, he learned Pulte Homes has a poor record of protecting preserve land. The value of the forest was estimated at $100K per acre per year. He thought the forest could be a destination for students as the Pine Jog Environmental Preserve has 25K students visit every year. Limited parking can be addressed by mobile app and generate income. The forest is a valuable carbon sink that offers climate change mitigation. The Floridan Aquifer is under the forest and filtered water recharge areas are valuable. He asserted this was the City's last opportunity to 7 Page 175 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 preserve the forest. He requested the City Commission move to rescind the resolution and not sell the property or delay the sale until the City Commission could assess the value of the forest. Laura Milligan, 3621 Harlowe Avenue, explained Palm Beach County dedicated the property for public purposes. Recently the land was referred to a future park site, and she objected to housing being built on the property. She noted there are very few wildlife areas left in Boynton Beach and many animals were seen in the woods. State law protects wildlife such as gopher tortoises, which have to be relocated. Trees are important as they add shade and cool the atmosphere. She submitted a petition (see Attachment "C") to save the woods and honor the deed restriction on the property requiring the property to be used for a public purpose and protect wildlife. Nicole Spikes, 9430 Nickels Boulevard, lives across the street from the property and has seen much of the wildlife. She agreed the property should be preserved. Her community was a small community and building 93 homes, with only one way in and one way out, will result in the roads being unsafe to walk or for children to ride their bikes. She reiterated she has seen the tortoises and bald eagles. Michael (last name inaudible,) 9317 Longmeadow Circle, spoke in support of preserving the land and advised his property abuts Nickels Road. He understood the property was conveyed for a public use, that the land was not for sale and a letter of intent was submitted. He was also aware the City had a 2018 Proclamation for Gophers Tortoises and the subject property is a habitat for them and other wildlife. He urged the City Commission to conduct an analysis. Motion Commissioner Romelus made a motion to move the item up on the agenda. Commissioner Hay seconded the motion but did not want doing so to become a precedent. Mayor Grant suggested moving it from section 6 to before section 7. Darryl Sanders, 2001 NW 2nd Street, asked if there were plans to elevate the stage at Sara Sims and if so, and if prior to June 19, 2021, if it could be delayed until after July due to the Juneteenth event, COVID permitting. He did not want the construction of the stage to interfere with Juneteenth Week. Ms. LaVerriere stated she will get back to Mr. Sanders. Commissioner Hay suggested scheduling it to not interfere. Construction could be delayed to after the event. Preston Smith, 220 SE 2nd Avenue, asked why residents at Town Square are subjected to hearing the church bells and asked why the bells were exempt from the Noise Ordinance. He thought it was free advertising for the church and the bells play church music and jingles. He did not think the City would allow Muslim mosque calls to prayer over a loudspeaker five times a day. He cited a Pew Study indicating two thirds of Americans agree religion was losing its influence on American life, and the number of 8 Page 176 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 Americans not identifying with religions outgrows all other religious categories. He doubted anyone was relying on church bells to keep track of time. He asked the City Commission to bar the bells or issue a moratorium until a resident survey is conducted. He offered if the Commission thinks the bells should continue based on tradition, there comes a time when outdated traditions need to change. Mayor Grant explained the City has not experienced the train horns at night that are much louder than church bells. Community Standards would check to ensure the decibel levels are within the guidelines. Ramona Young, 101 S. Federal Highway, noted the City recognized Domestic Violence, but thought may have forgotten to recognize it is also Breast Cancer Awareness Month. She announced many have died, struggled and survived breast cancer and thought the City should recognize October is a Pink Month. As to the public speaking into a microphone for Public Audience, droplets can travel more than six feet. She suggested the Commission reconsider people speaking into the microphone without a mask. Mayor Grant pointed out he was wearing a pink tie in honor of Breast Cancer and will work with an organization recognizing breast cancer at the next meeting. As to speaking without a mask, droplets can carry 10 feet. Mayor Grant commented they will ensure the podium is sanitized before and after each speaker. Tory Orr wanted to speak about the stage for the Juneteenth event; he asked if there was a time limit when Wi-Fi would come to Sara Sims Park. John McNally confirmed it was active. Free Wi-Fi was on nine different light poles in the park. Mr. Orr if the public can go to the Carolyn Sims Center to fill out job applications and use the computers when it opens. He noted they have nowhere to go besides the Library for jobs. Ms. LaVerriere will get Mr. Orr the information. 5. Administrative A. Approve the request of Mayor Grant to distribute $250.00 of his Community Support Funds to Pathways to Prosperity. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. The motion unanimously passed. Commissioner Hay wanted to match the contribution. Motion Commissioner Hay so moved. Vice Mayor Penserga seconded the motion. The motion unanimously passed. B. Approve the request of Mayor Grant to distribute $200.00 of his Community Support Funds to Connect to Greatness, Inc. 9 Page 177 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. C. Appoint eligible members of the community to serve in vacant positions on City advisory boards. There were no applicants. D. Authorize City Commissioners to attend the Florida League of Cities Legislative Conference, including travel and hotel stay, at the Embassy Suites Orlando-Lake Buena Vista South, Kissimmee, FL, on November 12-13, 2020. The Conference will be in-person with an option to participate in meetings remotely. Motion Vice Mayor Penserga so moved. Commissioner Hay seconded the motion. Commissioner Hay wanted to attend the conference virtually and learned he could. Mayor Grant suggested he make arrangements with the City Manager. The motion unanimously passed. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve an increase to the estimated expenditure with General GMC to $60,000 due to the increased repairs needed this fiscal year. B. Proposed Resolution No. R20-111 -Adopt the 2020 Flood Mitigation Plan (FMP) Update document that will allow the City residents to continue to be eligible for the current discount on flood insurance premiums. C. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for October 06, 2020 - "Request for Extensions and/or Piggybacks." D. Approve the utilization of the State of Florida Agreement No. 44000000-NASPO- 19-ACS for Copiers and Managed Print Services for use by State agencies and other entities located in the State of Florida. 10 Page 178 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 E. Approve the Country Trail PUD record plat, subject to final signatures by the City Engineer. Mayor Grant pulled this item. Public audience: Roger Saberson, 2740 SW 23rd Cranbrook Drive, advised he has lived at this location for the past 30 years. His property was built in accordance to the Code in 1984 and was permitted by the City. His home abuts the Country Trail PUD property and he expressed his and his neighbors' homes should be protected in future actions by the City. He advised the development proposal greatly increases flooding on his and his neighbor's property. He does not want stormwater inside his house. The new homes to be constructed will be constructed on lots that are two feet higher than his property. The project is landlocked and has no drainage outlet resulting in standing water on the site that has to percolate down, or is pushed onto neighboring properties. He noted the City's pamphlet's in the water bill speaks about flooding and then he is notified about the proposal to build homes on lots two feet higher. The berm on his property is supposed to slope down towards his property. At the bottom of the berm is a 12-inch deep swale. He asked if the swale was designed to retain flood water from a 100-year storm and was told it was it was not. Mr. Saberson noted if the site imports runoff, the requirement was the swale was to capture the runoff and prevent it from flowing off site. He announced if not correct, the water would run straight to his living room. Mr. Saberson explained the City Engineer also indicated a discharge into his subdivision would add one inch of water to Silver Lake. Another condition was if the proposed site imports runoff in a predevelopment condition, it is required to accommodate the swale in a post developed site and this condition was not compliant. There is some discharge from Silver Lake that goes onto property which has occurred for 30 years, and there is a prescriptive right to continue to do so. The developer should be required to accommodate it in accordance with City required conditions. The developer said the Water Management District permit says they are supposed to retain water on their site. Mayor Grant clarified that was why the City Engineer is overseeing the issue. Mayor Grant advised the issue with the plat is not the overflow, stormwater or retention as it is part of the conditions of approval. They are determining what they already approved, regarding the site plan, which they are required to do, because if they don't move forward with the permitted use they gave them, the City would be liable. Mr. Saberson thought, in connection with this approval, the City was approving the final plat. Mayor Grant responded they were not approving a final plat because it was subject to the City Engineers study. If the City Engineer determines the plat is not valid, the developer does not get a permit. Mayor Grant asked, if the City Engineer approved a study and approved the permit and it ends up being wrong, if the City was liable. Attorney Cherof responded the City would not be liable if the City Engineer acknowledges that and signs a document that it is platted in accordance with the development orders. Mayor Grant asked regarding 11 Page 179 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 the engineering study the City Engineer approves that states the 100-year flood is correct, but if flooding is over, if the City still liable and learned they were not. Chapter 2 of Land Development Regulations, specified the City will have no liability. Mr. Saberson asked if the City Commission approved this item saying the City is approving the final plat, and the City Engineer goes back through further study and finds they should have required more for drainage, can he go back and ask the developer to modify the drainage plan or require the property to be replatted and if the City be liable. City Attorney Cherof explained the plat before the Commission is appropriate and is consistent with the development orders. The City Engineer's signature is required in practice by law and in accordance with Chapter 2 of the Land Development Regulations and the City will have no liability once the City Engineer signs the document. Mr. Sabersen was concerned the City Engineer would not believe he could add additional requirements and therefore must sign it. Mayor Grant reiterated it was at the discretion of the City Engineer. Mr. Saberson requested the City Commission deny the item or postpone it so the City Engineer could exercise discretion and possibly add additional requirements. Annmarie Lonergan explained they had a couple of City Commission meetings pertaining to this development and platting. It is on public record, the engineer who designed the plat, the site plan, the elevation and design, drainage, storm drainage, percolation of site, landscaping and photometrics stated that this design is not engineered and designed for a 100-year flood plain. They also stated the flooding that came off their site, was not the issue. Their site is lower than hers. Ms. Lonergan had a certified survey of her site at 23 Cranbrook Drive, but did not have a survey of the proposed site. Ms. Lonergan contended the City is ignoring that and is pushing its plan forward. She commented the City has stated it could look at the drainage later as they were just addressing the zoning now, that they were only incorporating the property, they were not responsible, they are not engineers, and the staff indicated it was okay. Ms. Lonergan explained staff has an obligation to uphold the Florida Building Code. She asserted officials should be arrested and sent to jail if they do not, and that has happened in many cities in South Florida, because actions taken by city officials caused harm to life, welfare and property, and they are liable. In public forums and public documents, the engineer of record said the project is not designed to current Code. The mitigation of rainwater and storm drainage is public record. None of their water flooded onto her site. There are surveys and certified and licensed individuals that have studied this. She contended the City Commission has chosen time and again to push the item forward with no comments by staff, the engineers who designed it, or public comments that it does not meet Code. It does not meet the published City requirements that are higher than the minimal Code. She has a survey mark at the end of her driveway from a surveyor that the City hired and she cannot tell if it reads NGVD or NAVD. No one on the City Commission understands the terms, is an engineer or is eligible to vote on the matter. She insisted the City Commission is liable. She suggested the best course of action is to push this off to another City Commission meeting and let city staff review. She sent this issue to the State, County, SFWM, LWDD, the Health Department and every other entity she could think of to take a look at it. She would go further and question why the City Commission is disregarding all of the licensed professionals. Years ago, the County only required cities 12 Page 180 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 to design to a 20-year rain. Ms. Lonergan explained the engineer can go to jail under the City Commission's tutelage. Ms. Lonergan asked why the City Commission would vote on it if they state they were not qualified to vote on it. Mayor Grant explained the City Commission stated when it first heard the item, it was set for a 25-year flood and not a 100-year flood, and the site plan was changed to reflect a 100-year flood. Condition 14 of the Development Order stated "prior to permitting submit a rectified site plan depicting the changes from the April 2, 2019, City Commission meeting including the expression of the drainage area to wrap the NE corner of the parcel enhancement of the area with additional landscaping including shade and flowering trees." Prior to permitting, which is not at this stage right now as it is just a recorded plat, they will have to prove that the current design meets the 100-year flood requirements. If not, the developer runs the risk of having to replat because the City will not permit the current site plan unless it meets the Code. Mr. Groff agreed and advised the City has not received the plans, which includes all of the conditions spoken about by the residents. There is nothing to review yet because the permit has not been applied for. If there are changes applied for, the plan has to go back through the process. The conditions are there and they will be met, prior to a permit being issued. Mayor Grant noted residents want to have access to the conditions as soon as possible and if the information can be relayed to the residents. Mr. Groff explained they are all public record and the City has some contact information from some of the residents who have contacted the City. Mr. Groff explained the City Engineer has met with some of the residents and advised the residents would be alerted when the permit is applied for. Mayor Grant advised he received a Public Comment from Louis Rodriguez, 2659 SW 23rd Cranbrook Drive, about Country Trail. The property was previously considered by the City Commission several times. The property was sold to another developer and plans are being pursued regarding building/demolition, eliminating a pond and regrading the property. Mr. Rodriguez commented dense construction is not typical to the surrounding community and sites that drain onto certain properties on Cranbrook Drive may be affected under major rain events that are common in South Florida. He was not contacted about the impact to his property. He wanted to know more about his rights if there are drainage implications to his property and pool and wanted to know about the fence surrounding the development. There was agreement to add Mr. Rodriguez to the list of residents that to receive conditions imposed by the City Engineer. Mayor Grant read comments from Joe Pike, an engineer, advising that Mr. Pike never stated the project does not meet Code. It met all drainage codes, even at the 25-year event, including the City's Codes; however, he noted that the development order says to comply with the elevated 100-year criteria as requested by the City Engineer. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. 13 Page 181 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 I. Approve minutes from the City Commission meetings on September 8 and September 15, 2020. Motion Commissioner Katz moved to approve the remainder of the Consent Agenda. Commissioner Hay seconded the motion. The motion unanimously passed. 12.B. Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. (Tabled from the September 15, 2020 Commission meeting.) (This item was heard out of order.) Motion Commissioner Hay moved to remove 12.13 from the Table. Commissioner Katz seconded the motion. The motion unanimously passed. Mayor Grant again opened public comment. Michael Corcoran, 9317 Longmeadow Circle, explained his parents moved to Boynton Beach. He visited and in 1980 he bought a house. He likes the woods behind his home and the two gopher turtles that come onto his property. He opined there was enough blacktop in the City and the City should maintain the woods. There are endangered species and 57% of relocated gopher tortoises die. He wanted the property to remain as forestland. Elizabeth Roque, Centennial Management, thanked the City Commission for the opportunity to speak to the item. They made a $3.185M offer for the property and had attached a site plan so they can see what they are planning. They would have 39 single- family homes and 52 townhomes, a three-quarter acre preserve area, a recreation area and a lake. The property west of the Nickels property is approximately 10 acres owned by the Palm Beach County Housing Authority which is all wooded. She commented Centennial already has a relationship with Boynton Beach. They are a company that produces and they try to keep the community in mind. Centennial is not only about building affordable housing, as they are getting ready to build 248 townhomes in Homestead and getting ready to build 20 half-acre homes. They like the environment. If they have to take trees down, they would take as few trees as possible and replace the trees. Their requirements to close on the property are much less stringent than Pulte Homes. They could build market rate or workforce housing for teachers and police officers. She reaffirmed how important Boynton Beach is to Centennial. Andres Macksay, Pulte Homes, had a very brief PowerPoint presentation, which he reviewed. Pulte Homes is interested in the property for investments and are also looking at several other opportunities within the city and with the CRA. They want to make a big 14 Page 182 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 investment in the property. They will purchase the property and fund the construction so they do not rely on tax credits. They have been negotiating with the City. There are deed restrictions on a portion of the property and not all. Consent is needed by Palm Beach County and the Westside Baptist Church. Pulte Homes spoke with both parties and feel they have cleared the way to have a portion or all of the restrictions removed. There is substantial utility work to be done. Water and sewer would be provided by Boynton Beach, but the developer is responsible for installing the water and sewer main extensions to the mall site. They had a purchase and development agreement that was negotiated and approved. They have done their due diligence and they would work with the neighbors to come up with a plan that works that preserves the vegetation and native habitat. Pulte had sent over an amendment to the purchase and development agreement, increasing the purchase price to $2.775M. They will commit to 20% of the homes sold at workforce housing rates, but without the deed restriction so they can receive appreciation. When the contract is signed, they will wire $15K with no contingencies to start the work. He requested the City Commission approve the amendment, and wanted the opportunity to build the project. Commissioner Romelus was glad to see Pulte come back with a higher offer and for the 20% of the units as workforce housing. If all of this was put in writing with the approval of the City Attorney she would make a motion. After that, she would like to direct staff to implement a policy regarding Letters of Intent so they will not have situations like this occur again. Commissioner Hay asked when the last time the property was appraised and thought if it was not appraised, one would be needed before moving forward with this item. It was learned the appraisal was done in 2014, which was old and in need of updating. Vice Mayor Penserga agreed they need a policy in terms of letters of interest. He agreed with Commissioner Hay about the appraisal. He wanted to see the best deal for the residents as possible and would have liked to have seen a proposal from Pulte that exceeded the competition. He was trying to obtain the best revenues. He wanted to ensure, as a condition of approval, the animals would be preserved. He agreed the City owns the property, but the City cannot decide what is built until it goes through the County's process. He thought there was a creative way to move forward and sought to ensure the funds the project brings in is put back into the environment. He noted the City talked for years about having Quantum Eco Park, one of the largest preserves they have in the City. Quantum Park could become a reality fairly soon. They could make a significant contribution to the park and protect the southern preserve. He wants a better deal, a current appraisal of the property, and the City to take actions that are environmentally positive. 15 Page 183 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 Mayor Grant agreed. Technically, they are trying to preserve land to preserve other land and he did not think it was a fair exchange. They do not own all the property. The Palm Beach County Housing Authority owns the 10-acre property to the west and they are putting in an application to HUD to dispose. They need to check to see if it is part of the property. The City does not have to sell all 14 acres. They could keep seven acres as a preserve that has not been touched by humans. Mayor Grant did not sign the contract so they are not bound and a Letter of Intent is not the best vehicle to use. Attorney Cherof explained a motion to rescind the resolution of approval would clear the way to consider all other options to deal with the property. Commissioner Romelus commented regardless of the appraisal, the value proposed by both parties was potentially above the appraised value. She did not believe the City was being shortchanged. Vice Mayor Penserga understood it was a legal requirement to have a current appraisal. Attorney Cherof explained the Code says "no such sale shall be conducted or consummated until such time as the subject property has been appraised." There is a window of opportunity. Vice Mayor Penserga asked how old is too old of an appraisal. City Attorney Cherof noted the Code says it must be an appraiser designated by the City Commission. The 2014 appraisal was not designated by the Commission. Vice Mayor Penserga noted an appraisal does not take that long. Motion Vice Mayor Penserga moved to rescind the approval to obtain a current appraisal and evaluate if the deal in front of them was appropriate. Commissioner Romelus offered an alternate motion to table the item, let the appraisal occur and discuss it at the second meeting in October. Motion Vice Mayor Penserga amended his motion to table the item to obtain an appraisal. Commissioner Hay seconded the motion. City Attorney Cherof commented most of the property conveyed to the City by the county was done a long time ago. Commissioner Hay thought the property would have to be annexed if it was to be part of the City. Attorney Cherof explained it would only be subject to annexation when the property is contiguous to the City. Ms. LaVerriere asked if the City Commission has to designate the appraiser and learned they did. The appraiser the City normally uses is Anderson and Carr and they have a proposal from them. Motion 16 Page 184 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 Vice Mayor Penserga amended his motion to select the appraiser used by the City. Commissioner Hay seconded the motion. Laura Milligan, 3621 Harlowe Avenue, was aware Pulte has built many homes and there are a lot of other properties that could be considered. The property does have endangered species. She requested the City Commission not rubber stamp the project. The Palm Beach County Housing Authority could also build on the property and the entire forest will be gone. Her children and grandchildren will never have the forest again. She thought the City was building too much and was concerned about climate warming. Attorney Cherof requested clarification the City Commission wants to ensure the appraisal is in hand in advance of the next City Commission meeting. They need a few days before distribution to review the matter. Normally when tabling to the next meeting there is sufficient time to get the appraisal. Mr. Groff explained Anderson and Carr estimated they would need two to three weeks. He thought hearing the matter in November was fine. As soon as the City gets the appraisal, it will be sent to the City Commission and the two parties. Vote The motion unanimously passed. 7. Consent Bids And Purchases Over $100,000 A. Approve the issuance of a purchase order to Advanced Roofing utilizing the City of Sunrise Bid No. 19-17-12-HR in the amount of $224,030.00 to furnish and install a new roofing system for Public Works Administration Building which includes the Warehouse and Fleet Heavy Duty Shop. The City of Sunrise bid satisfies the City's procurement requirements. B. Approve an increase to estimated annual expenditure to Waste Management from $310,000 to $385,000 for the disposal of construction related debris and recycling. C. Proposed Resolution No. R20-112 -Award RFP No. 013-2210-20/RW for thirteen (13) Cardiac Monitors for at a unit price of $37,305.40 totaling $484,970.72, with the option to purchase accessories at a 27% discount off of list pricing and a five (5) year maintenance agreement totaling $88,549.50 to extend beyond the first year warranty, for a contract amount of $573,520.22 and authorize the City Manager to enter into a contract with ZOLL Medical, subject to final negotiation of the terms in the agreement and options. 17 Page 185 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 D. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for October 06, 2020 - "Request for Extensions and/or Piggybacks Over $100,000." E. Proposed Resolution No. R20-113 -Approve Piggy-Back the Miami-Dade County, Department of Solid Waste Management and Rehrig Pacific Company Agreement with OMNIA, a Purchasing Alliance for Participating Public Agencies for the purchase of Injection Molded Mobile Refuse Containers for an estimated annual amount of $192,000 and authorize the City Manager to sign a piggy-back Agreement. F. Approve the bid award (ITB-RM-20-68) issued by the Town of Davie as Lead Agency for Southeast Agency Florida Governmental Purchasing Cooperative Group for Fertilizer. The City of Boynton Beach was a participating agency in this bid solicitation. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 20-031 - Second Reading -Approve Catanzaro Residential Future Land Use Map Amendment from Local Retail Commercial (LRC) to Medium Density Residential (MEDR). City Attorney Cherof read proposed Ordinance No. 20-031 by title only on second reading. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. There were no public comments received. Vote City Clerk Gibson called the roll. The motion passed 5-0. 18 Page 186 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 Proposed Ordinance No. 20-032 - Second Reading -Approve Catanzaro Residential Rezoning from C-2 Neighborhood Commercial to R-3 Multi-Family Residential. City Attorney Cherof read proposed Ordinance No. 20-032 by title only on second reading. Motion Commissioner Katz moved to approve. Vice Mayor Penserga seconded the motion. There were no public comments. Vote City Clerk Gibson called the roll. The motion was 5-0. B. Proposed Ordinance 20-030 - Second Reading -Adoption of ordinance allowing for virtual city commission meetings by communication media technology. (Tabled from the August 4, 2020 Commission meeting.) Motion Commissioner Hay moved to remove from the table. Vice Mayor Penserga seconded the motion. The motion unanimously passed. City Attorney Cherof read proposed Ordinance No. 20-030 by title only on second reading. There was no public comment. He explained this ordinance was started before the emergency ordinance was enacted last week. All of the conditions of this ordinance will remain and conform to the second ordinance. If adopted, he recommended the City Commission first make a motion to amend it as in the agenda back up document and then approve. Motion Commissioner Hay moved to amend and approve. Commissioner Katz seconded the motion. Vote City Clerk Gibson called the roll. The motion passed 5-0. C. Proposed Ordinance No. 20-034 - First Reading -Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi-family residential units and 12,422 square feet of retail, located at the northeast corner 19 Page 187 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (The applicant is requesting to table this item to the October 20, 2020 Commission meeting.) Motion Commissioner Hay moved to table as requested. Commissioner Katz seconded the motion. The motion unanimously passed. Mayor Grant requested to speak with the applicant to see if they could obtain more commercial space. D. Proposed Ordinance No. 20-035 - First Reading -Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right-of-way of SE 1 st Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (The applicant is requesting to table this item to the October 20, 2020 Commission meeting.) E. Approval of Legacy at Boynton Beach (NW SP 20-003) new site plan application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Evan Vlaeminck, GCI Acquisitions LLC. (The applicant is requesting to table this item to the October 20, 2020 Commission meeting.) 9. City Manager's Report A. Update on Regulations and Available funds for Plant Memorial Fund Ms. Frederiksen explained the Plant Memorial Fund has $7,233. The Memorial Fund was established in 2000 with a $1,500 donation. It is currently funded on donations by residents. The last sizeable donation was in 2015 for $16,770. The funds must be spent on tree or plant beautification within City limits and all standard procurement rights must be followed when using the fund. Mayor Grant thought some of these funds may have been used as part of Tree City USA to plant trees. Mayor Grant announced he lost his cat and later his dog and wanted to donate. He asked if the City Commission could create a policy as to which park the tree can be planted and set an amount per tree. He suggested $50 or$100 per tree. Mayor Grant explained he did not want people to donate $1 to plant a tree. He wanted a minimum amount and allow the donor to specify which park or median they would like the tree planted. Vice Mayor Penserga thought people would be more likely to donate if they had a say where it would be planted. He noted if someone donated for a tree to be placed in a median, it may not work because there would only be one tree in a median. They would have to wait until funds accrued for an actual project. Mayor Grant agreed and explained he hoped Parks and Recreation could 20 Page 188 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 say where trees were needed immediately or how much money was needed to fulfill a prof ect. Commissioner Hay supported the idea and thought a $25 donation was fine. If they want to designate the placement, then they should donate more. Volume wise, they would get more funds. Ms. LaVerriere explained they had received a donation and they planted a tree. They will work closely with donors. Mayor Grant explained the City determines where they can plant the trees. If someone made a $25 donation, they can get a certificate. Historically for any amount donated they would work out an appropriate plant. Anyone interested in donating to the fund should contact Matt Doyle, City Landscape Architect. Vice Mayor Penserga noted PBS TV uses a similar fundraising style. B. City Staff to provide the Commission with an update on the status of the Art in Public Places Program including the Kinetic Art Exhibit, the recruitment for Public Arts Manager and the mural installation at Fire Station 1. Kathryn Matos, Assistant City Manager, explained the City has made great progress on the kinetic event and Valerie Zucker and Nicole Lewis of Zucker Lewis Media Group has done an excellent job. They moved the event from February to March 6t" and 7t". Nicole Lewis explained they have almost all of the art pads filled and were waiting for a few remaining artists to respond. They are moving on to secure artists for the indoor exhibit and have already received proposals for food, beverage and entertainment for the weekend. They sent out a press release a few weeks ago and the first initial social media post for a Call to Artists. The call was posted on social media as well. Mayor Grant asked, regarding vendors and food trucks, if they contacted the CRA for a list of local vendors. Ms. Lewis explained the Arts Commission was working on it and they already had a list of all the local restaurants in the area. Ms. Matos explained a verbal offer was extended for the Art in Public Places Manager, but the individual backed out. The position was reposted on the City's website. She gave a shout out to Nicole Blanks, Public Art Assistant, for doing an outstanding job helping the City continue art installations at City Hall, on campus and at the Police Station. The mural for Fire Station No. 1 received 14 responses. After the second round of letters, she received one response indicating the individual did not want to be included in the mural. The mural will remain as originally depicted with the one person who did not want to be included removed. Motion Vice Mayor Penserga moved to approve. Commissioner Katz seconded the motion. The motion unanimously passed. Ms. Matos announced they will have a socially distanced unveiling event and invitations were forthcoming. 21 Page 189 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 C. City staff to request City Commission to schedule a workshop to discuss revisions to workforce housing ordinance. Ms. LaVerriere explained Mr. Groff was working on this item, and she suggested they hold a workshop in November or early December. Mr. Groff agreed and advised they had a team working on it as there are a lot of ideas. Staff needed input and also found other items in the current ordinance that may help produce the needed housing stock that fit the guidelines. He asked for some type of consensus if the City Commission would like them to bring ideas back quickly. Martin, Sarasota and other counties encourage smaller and less expensive housing units in that range, that count as half a unit in density. Another item was in certain neighborhoods, if the homeowner wanted to build a secondary accessory structure that fits on the lot, they can do so. Mayor Grant was in support of both items. He noted accessory dwelling units, similar to a mini office room would add value to the City. They need to differentiate between a dwelling unit and a shed and somewhere in between. Mr. Groff noted the unit would have to be compatible. Vice Mayor Penserga supported a workshop. There was consensus to move forward on these two items on an expedited basis versus the workforce housing workshop. Commissioner Romelus asked, while rewriting the ordinance, if it put the Commission in a position where applicants could miss out. Mr. Groff explained the developments that provide this type of housing have a longer term. If there was something the City is working on, staff could let the applicants know. It could be built in as a condition of approval when the site plan is approved. City Attorney Cherof explained an applicant is bound by the provisions of the Code that are in place at the time they file their application. The applicant may cooperate that would conform to what the City is evolving to the Code, but correspondingly, the applicant may assert they are only bound by the provisions of the Code in place when they made application. He thought time was of the essence in reaching the amendments the City Commission will want to adopt. Mr. Groff explained it is a priority, but it is contingent on the guidance received at the workshop and from staff. Mayor Grant asked if the workshop could be held virtually and learned it could. The ordinance and emergency ordinance allows the City Commission to meet virtually until December 31 st and then thereafter, only by City Commission vote. The workshop would be an interactive workshop. There was agreement to meet the evening of November 12tH Police Transparency on the website: Ms. LaVerriere explained Chief Gregory and Stephanie Slater did a great job putting all of their policies, documents and training regarding police officers on an accessible, easy to read website. Commissioner Romelus thanked Chief Gregory, Ms. Slater and the rest of the department for working to maintain transparency at this time. Chief Gregory gave special kudos to Ms. Slater. Chief Gregory noted they were able to reclassify an existing position October 1 st. They had three Assistant Chief positions. One Assistant Chief retired and the position was vacant. He reviewed the organization and he created a Deputy Police Chief position from 22 Page 190 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 the Assistant Chief position. He announced he selected Assistant Chief Vanessa Snow to be interim Deputy Chief. He announced Deputy Chief Snow was the Commander of the Support Services Bureau, overseeing investigative divisions and high liability functions of the department. In her 23-year career, she worked on the municipal, county and federal levels. She received her undergraduate degree from the University of Florida and her Juris Doctorate from Nova Southeastern University. She was an FBI Intelligence Analyst and specialized in Domestic Terrorism and Sovereign Citizen Activity. She remains proficient in this knowledge and prior to COVID, spent time travelling around the country instructing and teaching Police Departments about these issues The Commission congratulated her. Interim Deputy Police Chief Snow was present. She thanked Chief Gregory, welcomed the new Deputy Fire Chief and looked forward to working with him. Chief Ray Carter introduced Deputy Chief of Operations Hugh Bruder, which is in the Emergency Response Division of the Department. He has over 35 years of fire rescue service including his time in the Air Force. He spent 27 years with Miami Dade and 10 of those years overseeing divisions and battalions. He brings additional value to the Department with significant input and time as he is a well credentialed and expert in the field of Mental Health for first responders and military personnel. He has worked closely in treating first responders and military personnel with PTSD, severe depression and substance abuse. Mr. Bruder thanked Chief Carter for the introduction. He explained he has spent 40 years living a life of service. He was excited to be here and was happy to be with the City. He wanted to help improve the department and become a model department for other municipalities to follow, especially in the field of mental health training. 10. Unfinished Business - None 11. New Business A. Transportation to the Polls Ms. LaVerriere asked Legal if it would be allowable to use Recreation buses to help residents get to the polls for early voting and learned it was. Transportation would be provided Monday through Friday. The City has a contract with Mae Volen and they spoke with them and they can help. Residents can use the bus if they need special accommodations or transportation to the polls. Mae Volen would provide the transportation twice a day on Mondays, Wednesdays and Fridays and would serve as a call center to arrange a ride. The City would provide transportation on Tuesdays and Thursdays. Ms. LaVerriere will provide further details on October 20tH Motion 23 Page 191 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 Vice Mayor Penserga moved to approve a contract with Mae Volen and Recreation and Parks to provide early voting transportation to residents within City limits of Boynton Beach for pick up and drop off at the Ezell Hester early voting site. Commissioner Katz seconded the motion. The motion unanimously passed. 12. Legal A. Proposed Resolution No. R20-093 -Approve and authorize the Mayor to sign documents releasing and creating project easements. (Tabled from the September 15, 2020 Commission meeting.) Attorney Cherof advised this item should remain on the table. It will return with the Commission's next significant discussion about the Town Square and agreements and disagreements with JKM. B. Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. (Tabled from the September 15, 2020 Commission meeting.) (This item was heard earlier in the meeting.) 13. Future Agenda Items Commissioner Romelus wanted to add an item prohibiting Styrofoam in City buildings. Mayor Grant thought the City had other regulations about other types of plastics. Ms. LaVerriere explained this item would be brought back. A. At the request of Mayor Grant, Human Resources will present information regarding the City's internship program. - October 20, 2020 B. Update on the Town Square Naming Rights Campaign - October 20, 2020. C. Announce the unveiling of the newly established "Tim Howard Excellence in Public Service Award" - October 20, 2020 D. Discuss and consider the development of a public policy relating to the location of monuments on City property - November 4, 2020 E. Discuss the naming of the amphitheater and open space at the new City Hall campus. November 17, 2020 F. Mayor Grant has requested a discussion regarding downtown and future development. - TBD 24 Page 192 of 919 Meeting Minutes City Commission Boynton Beach, Florida October 6, 2020 G. Vice Mayor Penserga requested a discussion regarding a City Mural Program — TBD 14. Adjournment Motion There being no further business to discuss, Commissioner Romelus moved to adjourn. Commissioner Katz seconded the motion. The motion unanimously passed. The meeting was adjourned at 9:21 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor—Ty Penserga Commissioner— Justin Katz Commissioner—Woodrow L. Hay Commissioner— Christina Romelus ATTEST: Crystal Gibson, MMC City Clerk Catherine Cherry Minutes Specialist 25 Page 193 of 919 _____ r boE G u a4 _ ...............................----___-_ N o 0 E ? N a ui m E ,yaa V N M O N U ® C O t0 o ------—.............._----.__..... _.......'-.-- 1_ ... ......... 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V m - ooFc E w ° a ` Cc 3 aai o_� c m a — o CL w O c 3 c @ 0 o On a C a s o_ o > E a v u y m E' E Z >v a E m @ o. a a r m '^ w a w a c n a voo Y 3- m- .m 01 a > E a Y a `1 C ❑ t 0 ` Gl Em c N '; 0 H N c o a ~ E 3' m 'O 'O V ;', m pp W 7 0 CL E E am0—° v m a L E r o o c " ° r E E - o v c� '� 3 v c + O E m m O ,ta, a w N 30 Y p , ` c E 3 3 m at v vv mLa > M � v2 ° yE ac F'3u 3u c 0 m � c � G O 0 C7 ac �C ❑ a O ❑ U a O U lw 1- W Attachment"B" 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:Tom Warnke <trwarnkeftotmaiLcorn> Sent:Wednesday,October 07, 2020 6:26 PM To:Grant,Steven<§GIrantSL6bbfl.qs>; Penserga,Ty<PenserRaT@bbfl.us>; Katz,Justin<KatzJr @bbfl.us>; Hay, Woodrow L.<BAyW@bbfl.us>; Romelus, Christina <Rom lusC@bbfl.us> Subject: Comments on Nickels Forest property October 6,2020 Mayor Steven B. Grant Vice Mayor Ty Penserga Commissioner Justin Katz Commissioner Woodrow L. Hay Commissioner Christina Romelus City of Boynton Beach 100 E. Ocean Ave. Boynton Beach, FL 33435 Dear Mayor and Commissioners: City of Boynton Beach has been a leader in sustainability for many years and has achieved regional and international recognition as a member of the Southeast Florida Regional Climate Change Compact and the Global Covenant of Mayors for Climate& Energy. Earlier this year, City Commission unanimously approved the updated 2020 Climate Action Plan with aggressive, science-based targets of reducing our community-wide greenhouse gas emissions 50%by 2035 and achieving net zero emissions by 2050. Last month, Commission again unanimously adopted the goal of planting 45,000 trees over 15 years to increase our tree canopy coverage from 16%to 20%. As residents and dedicated members of the City's Sustainability Advisory Team,we are extremely proud of our city's legacy and ongoing commitment to protect the natural world and address climate change head-on. We write to you today to ask you to please honor this commitment by rescinding Resolution 20-087 and not sell the Nickels Blvd.property.This public land, although just outside City limits, is owned by the citizens of Boynton Beach and is the only remaining forested land anywhere near Boynton Beach that has not been preserved. The Nickels property is a functional and rare natural area, deserving of protection. Hundreds of trees flourish there, including more than 100 mature Florida slash pines, home to our resident bald eagles and a variety of other wildlife. Neighbors report numerous sightings of gopher tortoises, owls, foxes, and swallow-tail kites. The rationales for developing the property and thereby doing environmental harm are twofold: Page 196 of 919 1. The citizens of Boynton Beach will benefit from a one-time infusion of cash into the City coffers. 2. At some point, intervening properties could be annexed by the City and if the Nickels property is contiguous to the City boundaries, it too could be annexed and increase the tax base. We,the Sustainability Advisory Team, counter these arguments: 1. This relatively minor, one-time cash infusion is a band-aid. Forests, on the other hand, provide habitats for animals, offer watershed protection,prevent soil erosion, and mitigate climate change. 2. Gross increases in taxes from new households rarely translate into adequate net new taxes. Extra density results in lower quality of life for current taxpayers. Examples of this are crowding at the beach and delays entering and exiting I-95. The City of Boynton Beach has added tens of thousands of residents in the last decade, yet these net tax revenues have not lowered the millage rate.Nor has the City added/protected green space during this time period. Studies show that cities with lots of green space have higher property values which equals higher tax revenues! Thank you for considering our request. Sincerely, Members of the City of Boynton Beach Sustainability Advisory Team: Michael Fitzpatrick Lisa Hanley Alexandra Lolavar,Ph.D. Ron Lovell Gillian Luongo John P. MacFadyen Danielle McKeon Susan Oyer Tom Warnke Page 197 of 919 Attachment"C" SAVE OUR WOODS Palm Beach County dedicated the use of the Nickels property(the woods to the west side of Nickels Blvd.) for public purposes when the property was conveyed to the City of Boynton Beach.The land has been referred to as a future ark site. We hereby petition the City of Boynton Beach to honor the deed restriction for the property to be used for public purposes as a future park and protect our wildlife. Name Address Phone Number Signature A154 .. M,c 1 M�IIi 36-0 A-4 Qo 4 vjion Beat56\_103-2 56LN 07 ktowE PC-* 8.mv Fl 7•�7 g e�6. ..- �, �L a cJ a -432-1975 _m sr f a` 116 C" v"_ ,. ° r ...w.m, ...W y .✓ ,...,i L,,y/� ¢j''� y`- .._ V �^--- .'1 - / h ,4' �..G.....? j S'°°''n '*��' ".f`� ..„f';l a,,-�.. n 2-!? t N N p_ .. I - e - b <1 �e 61 __ate SO I fig u - Joh C Q0 c-c G✓ , a .. `� _�"...® ... Vs— ........J ._w._ K t^ 1 .. Page 198 of 919 SAVE OUR WOODS Palm Beach County dedicated the use of the Nickels property(the woods to the west side of Nickels,-Blvd.) for public purposes when the property was conveyed to the City of Boynton Beach. The land has been referred to as a future park site. We hereby petition the City of Boynton Beach to honor the deed restriction for the property to be used for public purposes as a future park and protect our wildlife. Name Address Phone Number Signat ire a 6tiek $ —Wd°s`1 r " ° u m a v � w , .. d d 16 �. dC + w lan l3el ,' er 36 2 t,&J�4 i- Ave s`1-252-171e .. .v . ( LO V t VV_ boy o ,f r ., S `v v t_ �1 G�G WO -57t H ZIL4 3-S 6 ( Q-70 LI ch(ij —i�_7 Ll�— -e� 3 _ Kry �. Page 199 of 919 SAVE OUR WOODS Palm Beach County dedicated the use of the Nickels property(the woods to the west side of Nickels Blvd.)for public purposes when the property was conveyed to the City of Boynton Beach. The land has been referred to as a future park site. We hereby petition the City of Boynton Beach to honor the deed restriction for the property to be used for public purposes as a future park and protect our wildlife. Name Address Phone Number Signature -4 3 4 y 17 /Volt L'r✓_/f(�1,'_.....m.... � r z�7pc a C Of r _ m _ a Page 200 of 919 SAVE 01 i�ub[ic pure Pa(m Beach County dedicated the use of the Nickels PrOPertY(the woods to the When the Property was conveyed to the west side of Nickelsf fuita Blvd.)for �4*gte.We hereb City Of Boynton Beach.The land has been referred to as a ,Y Petition the MY Of Boynton Beach to honor used for Pubhc purposes as a future Park and protect the deed restriction for the Property to be Our Wildlife. Name add-- A ress Phone Number Signit ure J._ T-r _j Jx, nLL 5r, Lk- y, ton <\ ........... - ---------------- 7 ................ ................... ............ Page 201 of 919 7.A. CONSENT BIDS AND PURCHASES OVER$100,000 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Approve a purchase from Integrity Municipal Systems, Inc. for $177,800 to furnish, install and start-up services of a new Lime Slaker System at the East Water Treatment Plant as a sole source. Explanation of Request: The utility utilizes lime to soften the water treated at the East Water Treatment Plant. The bulk lime arrives in granular form and is stored in the lime silos. This granular lime is transfer from the silos and is processed by the lime slakers prior to being introduces into the water treatment stream. The utility typically utilizes 3 slaker units at East Water Treatment Plant to process the bulk lime. A third oldest slaker was removed due to its dilapidated condition. The remaining 2 existing slakers are functioning but are approaching the end of their useful life span. This purchase will provide an new upgraded slaker system and once installed will allow staff to continue to provide uninterrupted water production. How will this affect city programs or services? Providing an upgraded slaker system at the East Water Treatment Plant will safeguard against interruption of water production and service to City water customers while allowing scheduled maintenance to be performed on the older slaker systems. Fiscal Impact: Funds are available in account#403-5000-533-65.02 Alternatives: Not authorize the purchase and forgo installation of a new slaker Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 202 of 919 ATTACHMENTS: Type Description D Quotes Integrity Municipal Systems- Cost proposal D Sole Source Letter Sole Source Letter Page 203 of 919 tintegrity MUNICIPAL SYSTEMS COST PROPOSAL LIME SLAKING SYSTEM FOR BOYNTON BEACH WTP, FL ' 1 4 ft IMS File No.: D13-010 Rev, 0 Revised on: October 7, 2020 SALES REPRESENTATIVE Mike Robbins Water Treatment and Controls Company South Florida Sales Office Tel: (352) 267-3223 Fax: (239) 541-7135 Email: mike@watertc.com tintegrity MUNICIPAL SYSTEMS TABLE OF CONTENTS Cover Letter Equipment Selection Sheet Section 1: Commercial Proposal and Order Sheet Section 2: General Arrangement Selection, Drawings, and Brochures IMPORTANT NOTICE: All the information in this Proposal is confidential and has been prepared for Buyer's use solely in considering the purchase of the Equipment described. Transmission of all or any part of this Proposal to others or use by Buyer for other purposes is unauthorized without Seller's advance written consent. Page 205 of 919 Company Confidential Rev. 03 Page 2 of 27 tintegrity MUNICIPAL SYSTEMS October 7, 2020 Mr. Ron Bergman Senior Utility Maintenance Mechanic Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Tel: (561) 742-6429 Email: bergmanr@bbfl.us RE: Boynton Beach WTP, FL Lime Slaking System Dear Ron, Thank you for your interest in Integrity Municipal Systems, LLC (IMS). Per the request of our representative, Mr. Mike Robbins at Water Treatment and Controls Company, we have prepared this cost proposal for providing one (1) Lime Slaking System for Boynton Beach WTP, FL. Our proposal is based on the following design criteria: Design Criteria Quicklime Feed Rate 350 PPH Slaker Maximum Capacity 1000 PPH Maximum Output Lime Slurry Concentration 18% Our lime slaking system is a packaged system. It consists of a lime feeder, lime slaker, grit remover, piping, valves, instrumentation and controls to make a complete and functional system. The IMS A-758 Lime Slaker System incorporates many features and advantages, including: • Economical, consistent and reliable on-site slaking • Proven track record with 40 years of experience • Easy to install • Tested at the factory • Robust construction • Superior paste slaking process (2:1 water to lime ratio) • Faster slaking (5 minutes) • More reactive lime slurry • Compact size • External heat source not required • Saves water, heat and power • Completely automatic system • Flexible configurations tintegrity MUNICIPAL SYSTEMS • Flexible controls We have attached our commercial proposal in Section 1 and equipment drawings and brochures in Section 2. We look forward to working with you on this project. If we can be of any further assistance, please do not hesitate to contact our sales representative, Mike Robbins at Water Treatment and Controls Company, or me at (858) 218- 3753. Thank you. Sincerely, Khaled Roueiheb Director of Sales Cc: Mike Robbins; Water Treatment and Controls Company tintegriety MUNICIPAL SYSTEMS EQUIPMENT SELECTION SHEET FEEDER ACCESSORIES ❑ Inlet Rotary Valve ❑ Rotary Valve Adapter ® Inlet Flexible Connector FEEDER ® Volumetric Screw (32-300SP) ❑ Volumetric Belt (32-215) ❑ Gravimetric Belt (31-165) Feeder Material of Construction ❑ Carbon Steel ❑ 304SS ® 316SS ® Unpainted ❑ Painted SLAKER MAXIMUM CAPACITY ❑ 500 Ib/hr ® 1,000 Ib/hr ❑ 2,000 Ib/hr ❑ 4,000 Ib/hr ❑ 8,000 Ib/hr Slaker Material of Construction ❑ Carbon Steel ❑ 304SS ® 316SS ® Unpainted ❑ Painted GRIT REMOVER ❑ Conveyor ❑ Screen ® Screw Grit Remover Material of Construction ❑ Carbon Steel ❑ 304SS ® 316SS ® Unpainted ❑ Painted WATER SUPPLY OPTIONS Water Valve: ® Mechanical ❑ Electronic Water Piping Selection: ❑ Slaker-Mounted Piping ® Water Panel Water Piping Material: ® Copper ❑ PVC Water Panel Location (if Applicable): ElUnit-Mounted El Local Freestanding ® Remote POWER SUPPLY ® 480V/3ph/6OHz ❑ 230V/3ph/6OHz ❑ 120V/1 ph/60Hz ❑ 230V/1 ph/60Hz CONTROL PANEL ❑ Mounted on Slaker ® Remote-Mounted ❑ Relay Logic Based ® PLC Based Page 208 of 919 Company Confidential Rev. 03 Page 5 of 27 tintegriety MUNICIPAL SYSTEMS SECTION 1 COMMERCIAL PROPOSAL Proposal D13-010 Rev. 03 Date: October 7, 2020 ORDER The undersigned authorized representative of the below named purchaser("Buyer') hereby orders the Equipment described in the accompanying Seller's Documentation on the terms and conditions specified therein. Buyer: Signed by: Print Name: Print Title: All orders are subject to prior acceptance by Integrity Municipal Systems, LLC at its offices in Poway, CA. Page 209 of 919 Company Confidential Rev. 03 Page 6 of 27 tintegriety MUNICIPAL SYSTEMS SCOPE OF WORK BY INTEGRITY MUNICIPAL SYSTEMS, LLC ("SELLER") The following equipment and services are included in Seller's scope of work. All equipment will be manufactured in accordance with Seller's standard equipment specifications and installed in a non-hazardous area. Please see attached equipment general arrangement drawing for illustration and reference. No. Item Description (ttv. 1. Adapter from Existing Rotary Valve to 8" Round Pipe, Adapter from 8" Round 1 Pipe to Lime Feeder Inlet, and 8" Round Rubber Coupling 2. Series 32-300SP Volumetric Screw Feeder— 1000 PPH Capacity including: 1 a) Unpainted 316SS Housing Construction b) 1/2 HP AC Motor- 230/460V, 3 ph, 60 Hz c) 2" Feed Screw, Feed Tube, Trough Cover, Stand & Mounting Hardware d) Feeder Vibrator e) Feeder Support Posts and Discharge Connection 3. Series A-758 Lime Paste Slaker, 1000 PPH Capacity, including: 1 a) Unpainted 316SS Trough b) 1/2 HP Paddle Shaft Motor— 230/460V, 3 ph, 60 Hz c) Mechanical Torque Operated Water Valve d) Vapor & Dust Arrestor e) Slaker-Mounted Emergency Stop (Qty. 2) f) Pre-Assembled Copper Water Supply Panel (Patent No. 9,908,812) (Remote- Mounted), including: a. Water Pressure Reducing Valve, Water Strainer, Pressure Gauge, Water Low Pressure Switch b. Solenoid Valve for Auto Batching g) 316SS Slaker Support Posts h) Slaker delivers up to 18% Lime Slurry Concentration i) Unit is shipped pre-Wired/pre-Piped, Assembled and Tested at the Factory 4. Screw Type Grit Remover— 1,000 PPH Capacity, including: 1 a) Unpainted 316SS Housing Construction b) 1/2 HP Grit Remover Motor—230/460V, 3 ph, 60 Hz, TEFC & Gearbox c) Grit Remover Screw, Grit Remover Flowmeter, Valves & Piping 5. PLC Based Control Panel for Slaker, Grit Remover& Feeder, including: 1 a) NEMA 4X Enclosure— Unpainted 316SS (Remote-Mounted) b) Allen-Bradley CompactLogix L24ER PLC with Color 10" Allen-Bradley Panelview Plus 1000 HMI (Touch Screen Operator Interface) c) Profibus Interface d) Auto-Batching Page 210 of 919 Company Confidential Rev. 03 Page 7 of 27 tintegriety MUNICIPAL SYSTEMS e) Input Power Disconnect Switch f) Control Circuit Transformer for 460V, 3 ph, 60Hz Power Input g) 4-20 mA Control of Feeder h) Conduit and Parts for Grit Remover, Junction Box, Feeder i) Audible Alarm Mounted to Control Panel 6. Junction Box for Remote Mounting of Control Panel - Unpainted 316SS 1 7. Manufacturer's Services for Installation Inspection, System Start-Up and Included Operator Training (1 Trip for up to 3 Days at the Jobsite) 8. Design Submittal and Operation and Maintenance Manuals Included 9. F.O.B. Factory with Full Freight Allowed to Jobsite (Boynton Beach, FL) Included EQUIPMENT PRICE [ITEMS 1-9] $177,800 SCOPE OF WORK BY BUYER 1. Equipment unloading and installation 2. All civil works and concrete pad for equipment including anchor bolts supply 3. Electrical power to slaker control panel (480V/3ph/60Hz) 4. All overflow drain piping from slaker to plant drain 5. Remote installation of control panel and interconnecting wiring from remote-mounted control panel to slaker junction box, water panel junction box, etc. 6. All electrical conduit, wiring, electrical material, etc. from control panel to plant SCADA, etc. 7. Process signal and wiring from process for feeder operation 8. Quicklime supply equipment to feeder inlet 9. Vent piping from vapor & dust arrestor connection onwards (3") 10. Lime slurry discharge piping from slaker connection to process (2") 11. Remote installation of water panel and interconnecting piping from remote-mounted water panel to slaker 12. 1-1/2"water supply piping to water connection- 18 gpm at 75 psi 13. Room ventilation, air conditioning, or lighting 14. Any items not explicitly listed under Integrity Municipal Systems, LLC's scope of work SHIPPING INFORMATION Estimated Shipping Weight: 2,400 lbs. FIELD SERVICES Should additional services be required for work beyond Seller's Scope of Work, Buyer may purchase such services from Seller at a standard rate of$1,500 per eight (8) hour day, plus expenses. Page 211 of 919 Company Confidential Rev. 03 Page 8 of 27 tintegriety MUNICIPAL SYSTEMS WARRANTY TERM The Warranty Period is one (1) year from Equipment acceptance or 18 months from shipment, whichever occurs first, and is subject to the Standard Terms of Sale included with this Proposal. TAXES Seller's Proposal does not include any sales, use, federal, state, local, excise, or other similar taxes or duties unless expressly stated in this quotation. All applicable taxes shall be paid by Buyer. Upon acceptance of an order by Seller, Buyer shall provide a resale certificate or tax exemption certificate, whichever is applicable, to Seller. PAYMENT TERMS Subject to prior credit approval, the terms of payment are: 20% upon submittal approval, Net 30 days 75% upon equipment shipment (or offer to ship), Net 30 days 5% upon beneficial occupancy, or 120 days from shipment, whichever occurs first PROPOSAL VALIDITY Seller's Cost Proposal dated October 7, 2020 is valid until January 31, 2021. The stated price is predicated on shipment no later than January 31, 2022. In the event Buyer desires to extend the delivery date or the Warranty Period beyond the time period set forth in this Proposal, Seller can offer extended terms for an additional charge which will be provided upon request. SCHEDULE As part of any binding Agreement that results from this proposal, Seller and Buyer shall mutually agree upon a production and delivery schedule (not to exceed the outside delivery date stated above). Our normal lead time for this type of equipment is: Design Submittal: 4-6 weeks after receipt of a fully executed purchase order Equipment Shipment: 12-14 weeks after seller's written receipt of submittal approval and release for fabrication. TERMS & CONDITIONS NOTE 1: Seller's Standard Terms of Sale, attached to this Proposal and incorporated herein by this reference, will apply to any order resulting from this Proposal and are factored into the purchase price set forth in this Proposal. Page 212 of 919 Company Confidential Rev. 03 Page 9 of 27 tintegriety MUNICIPAL SYSTEMS STANDARD TERMS OF SALE 1. Applicable Terms. These terms govern the purchase and sale of the equipment and related services,if any(collectively,"Equipment"),referred to in Seller's quotation,proposal or acknowledgment,as the case may be("Seller's Documentation"). These terms together with Seller's Documentation comprise the complete and exclusive agreement between the parties(the "Agreement"). The Agreement may only be modified by a written instrument signed by authorized representatives of both parties. Any additional,different or conflicting terms contained in Buyer's request for proposal,specifications,purchase order or in any other written or oral communication from Buyer are hereby rejected by Seller and shall not be binding in any way on Seller. 2. Price and Payment. Buyer shall pay Seller the full purchase price as set forth in Seller's Documentation. Unless Seller's Documentation provides otherwise,freight,storage,insurance and all taxes,duties or other governmental charges relating to the Equipment shall be paid by Buyer. If Seller is required to pay any such charges,the amount so paid shall become immediately due and payable to Seller by Buyer. Unless otherwise stated in Seller's Documentation,all payments are due within 30 days after receipt of invoice. Buyer shall be charged 1'/2%interest per month on all amounts not received by the due date and shall pay all of Seller's costs(including attorneys'fees)of collecti ng amounts due but unpaid. If Buyer fails to make any payment when due,Seller may,without advance notice, terminate this order without liability,or condition such order on such modifications to the terms of payment as Seller,in its discretion,deems appropriate.In such case,Seller may also,in its discretion,withhold further manufacture or shipment,require immediate cash payments for past and future shipments,or require other security satisfactory to Seller before further manufacture or shipment is made. 3. Delivery. Delivery of the Equipment shall be in material compliance with the schedule in Seller's Documentation. Unless Seller's Documentation provides otherwise,delivery terms are F.O.B. Seller's facility. Risk of loss shall transfer to the Buyer upon tender of goods to Buyer,Buyer's representative,or common carrier. Claims for damage,shortage or errors in shipping must be reported within two business days following delivery to Buyer.Buyer shall have one business day from the date Seller completes start-up of the Equipment to inspect such Equipment for defects and nonconformance which are not due to damage,shortage or errors in shipping,and notify Seller,in writing,of any defects,nonconformance or rejection of such Equipment.After such one business day period,Buyer shall be deemed to have irrevocably accepted the Equipment,if not previously accepted.After such acceptance,Buyer shall have no right to reject the Equipment for any reason or to revoke acceptance. 4. Ownership of Materials. All devices,designs(including drawings,plans and specifications),estimates,prices,notes,electronic data and other documents or information prepared or disclosed by Seller,and all related intellectual property rights,shall remain Seller's property. Seller grants Buyer a non-exclusive,non-transferable license to use any such material solely in connection with Buyer's use of the Equipment. Buyer shall not disclose any such material to third parties without Seller's prior written consent. 5. Chances. Seller shall not implement any changes in the scope of work described in Seller's Documentation unless Buyer and Seller agree in writing to the details of the change and any resulting price,schedule or other contractual modifications. This includes any changes necessitated by a change in applicable law occurring after the effective date of the Agreement. 6. Warranty. Seller warrants to Buyer that during the period that ends18 months from delivery or one year from acceptance,whichever occurs first(the"Warranty Period"),the Equipment shall materially conform to the specifications set forth in Seller's Documentation and shall be free from defects in material and workmanship. If Buyer gives Seller prompt written notice of breach of this warranty within the Warranty Period,Seller shall,at its sole option and as Buyer's sole and exclusive remedy,repair or replace the Equipment or any non-conforming parts thereof.If Seller determines that any claimed breach is not,in fact,covered by this warranty,Buyer shall pay Seller's then customary charges for any repair or replacement made by Seller.The warranty on repaired or replaced Equipment or parts is limited to the remainder of the Warranty Period. The foregoing warranty shall not apply to any Equipment or part thereof(x)that is(a)not operated and maintained in accordance with Seller's instructions,(b)damaged as a result of any unauthorized repairs or alterations,(c)damaged by chemical action or abrasive material,misuse, (d) damaged by improper installation(unless installed by Seller),and(e)specified or otherwise demanded by Buyer and is not manufactured or selected by Seller,as to which Seller hereby assigns to Buyer,to the extent assignable,any warranties made to Seller,and(y)if Buyer is in default of any payment obligation to Seller under this Agreement. Seller's warranty does not cover any adsorbing media or other consumables used in the Equipment,regardless of whether such media or consumables were su pplied by Seller. THE WARRANTIES SET FORTH IN THIS SECTION ARE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO SECTION 9 BELOW. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,INCLUDING WITHOUT LIMITATION,ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. The warranty set forth herein,subject to any limitations set forth elsewhere in Seller's Documentation,shall be transferable during the Warranty Period to the initial end-user of the Product. 7. Force Majeure. Neither Seller nor Buyer shall have any liability for any breach(except for breach of payment obligations)caused by extreme weather or other act of God,strike or other labor shortage or disturbance,fire,accident,war or civil disturbance,delay of carriers,failure of normal sources of supply,act of government or any other cause beyond such party's reasonable control. 8. Cancellation. If Buyer cancels or suspends its order for any reason other than Seller's breach,Buyer shall promptly pay Seller for work performed prior to cancellation or suspension and any other direct costs incurred by Seller as a result of such cancellation or suspension. 9. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY,SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL,INCIDENTAL,SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES,AND SELLER'S TOTAL LIABILITY ARISING AT ANYTIME FROM THE SALE OR USE OF THE EQUIPMENT OR PARTS SHALL NOT EXCEED TEN PERCENT(10%)OF THE PURCHASE PRICE PAID UNDER THIS AGREEMENT. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT,STRICT LIABILITY,OR ANY OTHER THEORY. THE REMEDIES SET FORTH IN THIS AGREEMENT ARE INTENDED TO CONSTITUTE A COMPLETE ALLOCATION OF THE RISKS BETWEEN THE PARTIES AND LIMITS THE REMEDIES THAT MIGHT OTHERWISE BE AVAILABLE. BECAUSE THIS AGREEMENT AND THE PRICE PAID REFLECT SUCH ALLOCATION,THE REMEDIES PROVIDED TO BUYER HEREUNDER WILL NOT HAVE FAILED OF THEIR ESSENTIAL PURPOSE EVEN IF THEY OPERATE TO BAR RECOVERY FOR CERTAIN DAMAGES THAT BUYER MAY INCUR. 10. Set-off and Backcharges. Buyer will not be entitled to set-off any amounts due Buyer against any amount due Seller from Buyer. Seller will not be responsible for any backcharges unless approved in writing in advance by an authorized representative of Seller. Any request for backcharges must be submitted by Buyer to Seller at least three business days prior to the date on which Buyer desires to assess such backcharge to enable Seller to conduct a site visit or to conduct such other investigation as it deems reasonably appropriate. 11. Export Compliance: Buyer acknowledges that Seller is required to comply with applicable export laws and regulations relating to the sale,exportation,transfer,assignment,disposal and usage of the Equipment provided under this Agreement,including any export license requirements. Buyer agrees that such Equipment shall not at any time directly or indirectly be used,exported, sold,transferred,assigned or otherwise disposed of in a manner which will result in non-compliance with such applicable export laws and regulations. 12. Miscellaneous. If these terms are issued in connection with a government contract,they shall be deemed to include those federal acquisition regulations that are required by law to be included. If any provision of the Agreement is held to be invalid,illegal or unenforceable,the validity,legality and enforceability of the remaining provisions thereof will not in any way be affected or impaired,and such provision will be deemed to be restated to reflect the original intentions of the parties as nearly as possible in accordance with applicable law. Buyer may not assign or permit any other transfer of the Agreement without Seller's prior written consent. The Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed and excluded. Page 213 of 919 Company Confidential Rev. 03 Page 10 of 27 tintegrity MUNICIPAL SYSTEMS SECTION 2 GENERAL ARRANGEMENT SELECTION, DRAWINGS, AND BROCHURES Page 214 of 919 Company Confidential Rev. 03 Page 11 of 27 < @ (mo \: 5 ( § _ ( »\ © \ aE ` qq M \ } m . co , \ f } j > \ / ( LU LU y : \ | <:\ >) (1) - & )}} /\z§ lo Of [))2 a\§\\/ ■ \\\>7 }0\030 ■ \\\}§\\ ) h( \ ::2[® `� Q j( ` \}\}z\�}Q)( ): j §\\\\§t : ::B22e/ § \»:§§}± \)222:ODm-,Z)\ ` : ( - - - - --- z=)5,z,of-,K/ y::°®:o::::®®: — ,E5\�GEG[g$!!! /�/\/){))){/ƒ§ ® )\ : \ ®` { » ( . . . . . . . . . . . . . : { rs ; y 0 - j� - f # � ISM` ( � � _- M» \\ ( ƒ :_ §f) ' O \ § \ § \ \ > \\(!t§\ : �\\�\}: ® : ( /2 { / > ) ) [ » \ \ \ � : »! : § \\> < \ � ( i b} AM o o oQ o \ / } \ ■ o �SSV�a�:,w�: : ,a�: } \> » ° , o \ � 0� �® 0 » � : x 0 } 'o 0 _� / _ - \:>>7 nu}-} \ ) §\ oo"o > } \»\}\\± Ej \\}§ - / /b//0 // { / §} §§>\i:\§§:§§ - : [i = x > ) ) } » 0 In tegrity MUNICIPAL SYSTEMS NEW WATER PANEL DESIGN rPATENT NO. 9,908,8121 The new water panel design provides all water piping preassembled in a water panel that can be freestanding next to the slaker or remote-mounted. Features &Advantages: 1. Minimized Installation Time: With the water panel design, the water piping does not need to be re-assembled at the jobsite as is the case with the on-unit water supply piping, which requires disassembly for shipment to prevent damage during transit from the factory. The water panel design provides all water piping preassembled in a water panel that can be quickly installed and connected at the jobsite (One (1) water supply connection from water source and five (5) water connections from water panel to slaker [control valve, control valve bypass, spray bar, dust arrestor, and grit remover]). 2. Reduction of Equipment Manufacturing Lead Time: The water panel can be assembled ahead of time (not at the same time as the slaker), reducing equipment lead time by up to 2-3 weeks. 3. Remote Installation of Water Panel (Option): The water panel provides flexible installation configurations for different installation requirements and preferences. The water panel can be installed freestanding next to the slaker unit or remote-mounted. 4. Ease of Maintenance: All parts are easily accessible on the water panel and are therefore easier to maintain. 5. Ease of Connections: All water connections are in one area (on the water panel) - Much easier to connect. 6. Improved Slaker Access: The removal of the water piping from the slaker and its relocation to the water panel, frees up space in front of the slaker, improving ease of slaker access, ease of maintenance, etc. 7. Design Repeatability and Consistency: A more consistent product can be produced, which in turn results in high quality equipment. 8. Decreased Likelihood of Damage: The water piping is less likely to be damaged during shipping and, more importantly, during operation due to the improved access for maintenance and increased space around the slaker and water panel. Page 218 of 919 Company Confidential Rev. 03 Page 15 of 27 INTRODUCING THE IMPROVED T AND A-758 PL USTmLIME SLAKER; EASIER , FASTER , INNOVATIVE ., Modular design for dust arrestor allows the entire dust arrestor to Vater lines from be removed for water panel can easy cleaning be hard-piped or flex-piped for easy *.` installation and maintenance F � Removable lifting rings on each corner E Bolted-on cleanout port for inside water weir Modular design for spray Water weir plugs moved bar allows entire bar to be removedwithout - outside for easy access removing sprayers s ra ers r}lri1� IYi Water panel locally mounted Slaker legs are welded in place with support gussets for a more rigid mounting tintegriety MUNICIPAL SYSTEMS � s 4 4 � �f EASIER, FASTER, INNOVATIVE, THE IMPROVED IMS LIME SLAKER IN WATER PANEL `o • Minimizes installation time • Reduces manufacturing y lead time ;` 1 • Enables,remote installation of water panel • Makes maintenance easier Potent No. 9,908,812 • Eases connection complexity • Enhances slaker access • Decreases risk of damage • PVC or capper construction Ctintegriety Integrity Municipal Systems 13135 Danielson St, Suite 204 Poway, CA 92064 MUNICIPAL SYSTEMS www.integrityms.net ) phone (858) 486-1620 1 fox(858) 486-1659 entegriety MUNICIPAL SYSTEMS milli The Series 32-300 Screw Type Volumetric Feeders are designed for the demands of municipal and industrial-process applications. They meter dry and semi-dry pebble lime with reliable accuracy and repeatability. The heavy gauge steel construction stands up to the stress of long-running, high-volume bulk operations. Operation and control are simple and direct. There are only five moving parts. Power from the vertically mounted AC motor is transmitted through a right-angle gear reducer to the feed-screw shaft.A potentiometer or touchscreen entry on the main control panel sets the feed rate.Automatic con- trol from a remote signal is available. Oversize sealed ball bearings support the one-piece, through-shaft at both ends. Interchangeable feed screws in four sizes extend the versatile capabilities of these feeders. The standard hopper with steeply sloped sides is designed to promote an even flow of lime to the feed screw. icy t(iJttt i_f st I`<l}�� 43)}1f j112j JSU )'its ;sfis}1+J ssjs l}� li lit tlsiiJsj ill It\s)l�slsi' I(1iJiiJ ilj{l�i4ilJ`s+li Jiitt�tf?`}1}i 71s11�2� ti t `t+� 1Jit+ sit lfirt}It11y,1's}i{!}l� '\ sJ �rii}isJilfs4itr}rs l4sttyil�Ssilit;rJSir��SfiJ�s1�11 }ri�� Jif;l t l tiVU �i it +S4i1R+i i 1 it £.�}sri�ti+tt+�;!Jtr t st cl r!t It}t+ t Yt st�St�+sss £��s st ii ASU)I� it 2�iJlr?}{i S�s'ws} � ��i+ t�i I�s illi i 111 i111�}t+ ts'sl�i4�s Usy tss.'(Jiff sll(t5 tliifJ+;�E ��i1�l�iit s}1\is��7� +'i � it i s i 1 \IiJi ssssJ s ! ii a i, } 1J7 t t '- iSs! s JI � lyis 11 yt t !+1ppyy s 1 ss '- +jt 4)s s+i�-ti+i'121 ds(i(� ills} t s u s+ s It syS�t1 KEY BENEFITS sp Js:ii �} i s £ S ttst l} s4tt}iirr 11 ECJ- >t +Is(}- Sr s t)I I!1}s ys iti!+ti+i ts) l - sq)i ks,tif+ 11f ss; sir lit 1 � 1 t tii�i sf 4��t� (tt! ' �� yl,,r to t ■t Heavy e construction Y g aU g 1 s s t rs i t ) l' )t i t sJs rt Simple design fi�iw"f z dr sit Convenient controls and readouts ,+ nr+ Easy to maintain rtsi!Ji Pig 'r �'+tJ �+r iP �lui tl ,ytJ, ;ri£t ti J • Smooth handling of difficult lime flows Us!{4�i1 sitsJli'1+ JIillrii(liftlliiia+ssss t!(4` X174 s }t t'slJ �s�itl sts�itl s�+tt} t 1111., +r'iti�1�S�1�1s1i1�1�1�1i1s1i1�1�1�1its1�1�1�1s1i1�1�1�1i1s1i1�1�1s1its1�1�1i1s1i1�1�1�1i1 sh FEATURES ings. Metering screw segments are all welded to the shaft for strong Versatile unitized construction. Four screw sizes are available for capacities up to 133 cubic feet per hour.The feeder can be controlled manually or by a remote signal.The Simplified Control basic feeder can process lime at temperatures to 150° F. Feeder controls are centralized in a NEMA 4 enclosure with flexible mounting locations.Toggle switches set the operating mode.A poten- Reliable Performance tiometer controls feed rate,and an analog meter provides readout of The simple,direct mechanical linkage has only five moving parts(drive, feed rate in percent of full scale. coupling,screw,and two bearings). Power from the vertically mounted AC motor is transmitted through a right-angle gear reducer.The feed DESIGN AND OPERATION screw is directly coupled to the gear reducer. The Series 32-300 Volumetric Feeder is powered by a VFD-controlled AC motor.A gear reducer converts the high speed motor-shaft rotation Simple Maintenance to a low speed, high-torque drive for the feed-screw shaft. Sealed ball A removable clean-out hatch is provided on one side of the hopper for bearings support the single-piece through-shaft at both ends.The stan- easy cleaning and access to the feeder screw. dard hopper has a capacity of 1.5 cubic feet and steeply sloped sides for good lime flow to the feed screw.A hopper vibrator is available for Structural Strength lime with poor flow characteristics.All controls are housed in a NEMA Heavy gauge steel is used throughout. Feed-screw shaft is a single- 4 enclosure with flexible mounting locations.A potentiometer enables piece through-shaft and is supported at both ends by sealed ball bear- accurate pre-setting of the feed rate and excellent repeatability. 2017 INTEGRITY MUNICIPAL SYSTEMS.ALL RIGHTS RESERVED. Page 221 of 919 Company Confidential Rev. 03 Page 18 of 27 APPLICATIONS Capacity Continuous Feeding Up to 133 cubic feet per hour. Bulk lime is fed by volume at a controlled feed rate. Feed rate is set as a percent of full scale and can be controlled by a remote-process Lime Characteristics signal. Per AWWA Standard B202-07 Quicklime and Hydrated Lime Short Description Maximum Temperature This feeder is a Series 32-300 Screw-Type Volumetric Feeder with Ambient, 120° F;process lime, 150° F standard. electric-variable-speed control. Full scale capacity is 8 to 133 cubic feet per hour depending on feed-screw size. Operating range is 20:1. Process-Control Input The feeder consists of a VFD drive in NEMA 4 enclosure;AC motor; 0-10 VDC or 4-20 mA DC. right-angle speed-reducer gear box;feed hopper;a mixing trough and a discharge tube extension.A steel base supports the feeder and all Input Impedance components.VFD-control arrangements can be local manual, remote Maximum is 270 ohms for 4-20 mA and 1,000 ohms for 0-10 VDC. manual,start-stop,or automatic mA. Speed readout is available with start-stop and automatic arrangements.A potentiometer adjusts motor Motors speed.With the automatic mA arrangement,the feed rate is controlled TEFC,'h hp by a 0-10 VDC or 4-20 mA DC process-control input.An optional panel-mounted potentiometer trims the signal to a percent of maxi- Control Arrangements mum to produce the speed-rate required.The walls of the 1.5 cubic ■ Manual foot hopper are steeply sloped. Feeder and hopper are heavy gauge ■ Remote manual steel construction(option for 304 or 316 SS is available). ■ Start-stop ■ Automatic from remote process signal Feed screws are available in 2",2-1/2",3",and 4"sizes. Continuous Operating Range TECHNICAL DATA 20:1 Accuracy With uniform free-flowing lime,accuracies of 5%of full scale can Shipping Weight be achieved. It must be realized, however,that with lime delivery 250 Ib. controlled on a basis of volume, many factors apply: lime flowability, density at the feed screw, hopper size and shape are only a few of the factors which determine accuracy.Actual accuracy can be established only by running sample material tests. 13135 DANIELSON STREET,SUITE 204 POWAY,CA 92064 08/21/2017 Rev.1.0 PHONE:(858)486-1620 FAX:(858)486-1659 www.integrityms.net fLintegri 4�tagff,224scl#919 Company Confidential Rev. 03 Page 19 of 27 Ontegriety MUNICIPAL SYSTEMS 11111MMMEMME Lime is one of the most common and economical chemicals used in the water and wastewater treatment process. The cost of com- mercial bulk hydrated lime or prepared lime slurry solutions, however, becomes prohibitive for installations requiring a continuous, high volume supply, typically greater than 45 kgs/hr(100 lbs/hr). To help alleviate this cost, on-site slaking or hydration is the ideal solution. The Series A-758 lime slaker provides for reliable, efficient slaking of various grades of quicklime(CaO) at a substantial savings over other slaking methods. Through the pioneering use of paste-type slaking technology, the Series A-758 lime slaker consistently produces a more reactive lime slurry requiring less energy and less operator attention. The compact size and flexible configuration make this pre-engineered system ideal for new and retrofit installations. ti41}j!i`ttffit4't`';iiti`i t}!i'ti},I'!\\`5(ts4?},jjt}`it,,` .tttltSslttls('i+t{l,t}ttr\'t}j(,lt`1}1}`,i?iKEY BENEFITS {5l }11iti1\i1y°itt{ Illi ll�lll��iti}i`t({`�i(S74sJ tiltl`4s11 (1't(ik'SStilEsl(1}111114}', ,. {);Ss 1��-�t}si "c,vi{1I ' fiKt a "t4ssiliss4(sp ll�lI41�•�r}\(tiS sitttl 1}tr#s tr( slSstJ�S��S 1 t!�\�sS J,�`Stlt sS{f}I sst t�ss y1 S F 1S4�s1(ut�C,i+;1111sss}t,lssi!`;ls,}ib t(ll��t�)�1t35,}�fliitl�4r ssil l�l�sslt}alit}iy11��\s l L13 ,l,�,, ,,\ 1 ' t1ittt , �,+li7„r,r, ■ p Saves water,heat and ower +1t�i<<r4( ;��ss1,f+4nsiftitir hs 1S st �s�.t,r1\1) tist,st�l4i��;y�Gtlstsl�l��AsV�)h It\}}s,# 41111}s+5` is 7 ref t�t4��S ,�,:' t Vs1�t}')�tifli}tVV11��1� ■ Economical and reliable on-site slaking 111 ��_ '� ; „ ', 1y �t , �s�tlt,�fls, ■ Easy to install,unit is factory pre-tested T�'a`� ��(, Choice of final slurry concentration h t+1{ffl��A4t� � f�,t1 i+I�}” ■ Flexible controls: manual,flow proportional,and �Nvsi automatic start stop FEATURES Superior Paste-Slaking Process More Reactive Hydrate Particles Utilizing a 2:1 water-to-lime ratio,the A-758 unit slakes lime as paste The intense heat[>82° C(180° F)]generated by the 2:1 slaking ratio which provides a number of benefits over the more traditional 4:1 subjects the quicklime to steam penetration.The resulting internal pres- water-to-lime or slurry slaking process.This includes less power,faster sure promotes the fracturing of the quicklime into smaller,highly slaking,a smaller footprint and,most importantly,a more reactive lime reactive particles.This means more surface area for more efficient lime slurry solution. usage. Saves Power Controlled Consistency The 2:1 paste slaking process generates its own slaking heat from the An automatic,torque-actuated water inlet valve provides precise,con- hydration heat of reaction(CaO+H2O=Ca(OH)2+Heat(490 btu/Ib)). tinuous control of paste consistency and,therefore,the slaking process. This avoids the need and expense of an external heat source, internal Variations in lime quality and feed rate are quickly recognized and the heat exchangers,and temperature control systems.Additionally,slow optimum slaking rate is maintained,without operator intervention. speed agitation requires one-half the horsepower of equivalent sized slurry slakers. Integrated System Design The pre-engineered A-758 lime slaker system is available with a broad Fast Slaking range of capacities,capabilities and control options: The low water-to-lime ratio and high self-generating heat of reaction ■ Four different capacities from 450 to 3600 kgs/hr completes the slaking process in approximately five minutes.This (1000 to 8000 lbs/hr) short retention time leads to efficient start-stop or batching operation and rapid changes in lime concentration when required. Specific gravity classification or screen type grit removal technology Compact Size ■ Gravimetric or volumetric belt-type lime feeders The 2:1 slaking ratio and short retention time allows for a smaller or screw-type lime feeder slaking compartment without bulky insulation or any need for a water ■ PLC or relay logic controls with an optional jacket.The A-758 lime slaker takes about 20%less floor space than automatic batching function other designs. @2013 1I'll ECRITY MU JCC FIAL SYSTEMS.ALL RIGHTS RESERVED. Page 223 of 919 Company Confidential Rev. 03 Page 20 of 27 DESIGN AND OPERATION Water and quicklime(CaO)are fed into the slaker mixing compartment at an approximate 2:1 ratio.The lime is metered by either a gravimetric weighbelt feeder or a volumetric screw or belt-type feeder. Controlling the lime feedrate determines the output of the slaker system.The water flow is automatically controlled by a torque-sensitive water adjusting valve. In the slaking compartment,two intermeshing paddle shafts, rotating in counter-clockwise directions, mix the quicklime and water into a paste-type composition,controlled by the torque valve to the 2:1 slaking ratio.Any variation in the paste consistency caused by vapor loss, lime quality or size fluctuations,or changes in the lime feed rate, results in a different torque load on the paddle shafts.This causes the torque valve to adjust the water flow to maintain the desired paste consistency. The paste and entrained inert grit moves forward in a plug-flow fashion.After approximately 5 minutes,the completely slaked lime paste flows over a weir into the dilution compartment. Here water nozzles direct a cut-off spray to dilute the paste into a lime slurry at an approximate 4:1 concentration. This also releases the grit from the lime paste so that it can be removed.Two sets of rotating rakes keep the lime in suspension and help move the grit to the grit separator. Dust and steam,generated by the exothermic reaction of the lime and water,are drawn off by an integral,water operated vapor-dust arrestor.The steam and dust are condensed and returned to the dilution compartment. Excess steam and water vapor are vented outside of the slaker. A low water pressure switch in the torque valve piping is designed to stop the lime feeder when the supply pressure falls below the minimum operat- ing requirement.This avoids heat build-up due to insufficient slaking water.The feeder automatically restarts when the pressure is restored. Paste Type Lima Siaker Operation hN Shut-Off Inlet valve u h Vapor vent Cut-Off Weighbelt Water Spray Quicklime ' — Weir Slaking Water Slurry �, � � Slaking Discharge �1 I a., �� Com k partment When Conveyer ` Is Used Rakes Weir Rotating eir a Dilution Paddles Chamber 0 4 Or ys � i Optional Conveyor-Type Grit Remover Optional Screen-Type Grit Remover Page 224 of 919 Company Confidential Rev. 03 Page 21 of 27 CHOICE OF LIME FEEDERS Reliable lime feed is required for proper operation of the lime slaker An accurate glass-tube flow meter is used to provide a fine degree of system.A selection of standard feeders is available to provide control and repeatability.This system removes virtually all grit down accurate CaO feed over a range of up to 20:1.This determines the to 10 mesh in size and some portion of finer grit down to 40 mesh. operating range of the slaker along with lime reactivity. Slurry concentrations up to 18%are achievable.Operation is simple and efficient with very low maintenance. Series 31-165 Gravimetric Weighbelt Feeder Screen-Type Grit Remover A microprocessor controller unit that delivers an accuracy better In this system,grit particles are separated by size through a vibrating than 1%of set rate over a screen separator to provide positive grit removal.The lime slurry Jj?\`\i} ,Fz f14 sj};} ta }f 1}Zltlil?} 20:1 range. It features direct discharge passes through a 20 mesh NOR measurement of throughput for screen 40 mesh optional),where rit is inventory control and complete removed through an exit port.The slurry alarm monitoring for any off- passes through the screen where it is f�Al feed condition. delivered to the process or a stabilization 0 a tank.Slurry concentrations up to 20% are achievable.A high-strength slurry . concentration,up to 28%at maximum feed rate, is available with this type of Series 32-215 Volumetric Belt-Type Feeder grit remover.This utilizes optional high velocity spray nozzles and a Simple controls with a quick speed of response for changing feed booster pump to decrease the amount of dilution water.This is ideal rates.A no-feed alarm is available as an option. for installations where storage space is a consideration or in applica- tions where excess water is limited in the process. Series 32-300 Volumetric Screw-Type Feeder A rugged, heavy duty variable speed feeder with only five moving AUTOMATIC START-STOP CONTROL parts provides low mainte- The paste-type lime slaker is ideally suited for all types of control nance and simple service. G t systems. In a continuous process,slaker operation remains constant. Lime slurry is continuously discharged while the lime feed rate can be varied to account for flow or process variations. Lime can be gravity ` flow,directly to the point of application without the need for costly slurry handling equipment. For batching applications,the slaker sys- tem can be automatically stopped and started from a single contact closure.The low water to lime ratio ensures a fast start-up to bring the slaker on line quickly. Both long-term(>8 hours)and short-term (<8 hours)shutdown modes are operator selectable. CHOICE OF GRIT REMOVERS All quicklime(CaO)contains a small amount of inert grit or unslaked material.To protect lime slurry pumps and piping, it is necessary to remove this grit as the slurry exits the slaker.The A-758 lime slaker is available with a choice of two different grit remover technologies: Conveyor-Type Grit Remover Grit particles are separated from the lime slurry based on their specific gravity.An up-flow of water is �;b`, 1rt, s �'��3 introduced into the dilution compart- �,��s;,yt?` {}�� ment of the slaker.The heavier grit tiV) �t�4 �f5t1�: � g I�l t+°q( � particles fall through this flow to be r subsequently removed by the chain '�,i� and flight scraper.The operator can ��lON JI " �k adjust the water flow to determine the j10 �is�� size and amount of grit that is to be removed. Page 225 of 919 Company Confidential Rev. 03 Page 22 of 27 TECHNICAL DATA Capacities Screen-Type Grit Remover 450,900, 1800,and 3600 kg of quicklime per hour(1000,2000, 450 kgs/hr(1000 lbs)slaker- 1/3 hp; 4000,and 8000 lbs/hr). 900 and 1800 kgs/hr(2000 lbs&4000 lbs/hr)slakers—1/2 hp; 3600 kgs/hr(8000 lbs)slaker-2-1/2 hp; Operating Range All motors are 230/460 VAC,60 hz,3 ph, 1200 RPM TENV. Up to 20:1 Booster Pump Motors(High Slurry Concentration Option) Slaking Ratio 450 and 900 kgs/hr(1000 and 2000 lbs)slakers- 1/2 hp; Approximately 2:1 water to lime by weight before dilution. 1800 kgs/hr(4000 lbs)slakers- 1 1/2 hp; 3600 kgs/hr(8000 lbs)slaker-2 hp; Lime Feeder All motors are 230/460 VAC,50/60 hz,3 ph,TE turbine,all bronze Three types of feeders available: Series 31-165 Gravimetric housing. Note: Only available with screen-type grit remover. weighbelt feeder; Series 32-215 Volumetric belt-type feeder;and/or Series 32-300 screw-type feeder. Water Requirements Recommended supply pressure for 450 to 1800 kgs/hr(1000,to 4000 lbs/ Control Panel hr)slakers,2.7 bar(40 psi)minimum and 5.2 bar(75 psi)maximum;for For local or remote mounting. NEMA 12;230/460 VAC,3 ph,stan- the 3600 kgs/hr(8000 lbs/hr)slaker,3.8 bar(55 psi)minimum and 5.2 bar dard; 115 VAC, 1 ph,optional(not available with 3600 kg/hr(8000 (75 psi)maximum. Ib/hr)capacity). Control options Paddle Shaft Mixer Motors ■ Manual speed control of feeder via a potentiometer on 452 kgs/hr(1000 lbs/hr)capacity- 1/2 hp; the control panel. 900 kgs/hr(2000 lbs/hr)capacity- 1 hp; 1800 kgs/hr(4000 lbs/hr)capacity- 1-1/2 hp; • Automatic speed control of the lime feeder via a 3600 kgs/hr(8000 lbs/hr)capacity-2 hp; 4-20 mA input signal. Standard is 230/460 VAC,60 hz,3 ph. ■ Automatic batching and automatic system shut-down Single phase motors are available up to 1800 kgs/hr(4000 lbs/hr). via optional start-stop configuration. Conveyor-Type Grit Remover Motors Dimensions 1/4 hp,230/460 VAC,60 hz,3 ph,totally enclosed.Also available Complete dimension details can be found in catalog numbers in single phase up to 1800 kgs/hr(4000 lbs/hr)capacity units. WT.330.100.100.UA.CN to WT.330.100.126.UA.CN. Total Slaker System Water Input at 40 psi(2.7 bar) m 450 1,000 57 15 45 12 34 9 900 2,000 91 24 76 20 64 17 1800 4,000 178 47 148 39 125 33 3600 " 1 8,000 405 107 360 95 246 65 Shipping and Operating Weights Includes slaker, grit remover and feeder. uma- m - m m , 450 1,000 1,900 2,400 1,410 3,110 900 ' 2,000 1,330 2,930 1,895 4,180 1800 4,000 1,640 3,620 2,660 5,860 3600 8,000 3,335 7,350 6,160 13,580 13135 DANIELSON STREET,SUITE 204 POWAY,CA 92064 07/01/2013 Rev.0.0 PHONE:(858)486-1620 FAX:(858)486-1659 www.integrityms.net fLintegri 4�tagff,226scl#919 Company Confidential Rev. 03 Page 23 of 27 entegriety MUNICIPAL SYSTEMS HE Building on Tradition: Integrity Municipal Systems Brings Innovation to Legendary Lime Slaking Systems Lime is one of the most common chemicals used in water and wastewater treatment processes, but the cost of bulk hydrated lime solutions becomes prohibitive as usage increases. On-site - lntegrrty slaking—or hydration—is the ideal solution to keep costs manageable. The A-758TM Lime Slaking System—introduced for sale in 1959—has established itself as the industry baseline for con- tinuous paste lime slaking. The system's continuous lime slak- ing process slakes quicklime with water to form hydrated lime. :• IS�li� i, t i, tl y f 5 Paste slakers utilize half the water of slurry slakers, leading to higher slaking temperatures, shorter retention time, a smaller equipment footprint, and—most ;The IMS slakers importantly—smaller hydrate ___________________�✓ greatly XGO particle size for greater process chemical reactivity. The A-758 TM The A-758TM and A-758 PIusTM Lime Slaking Systems have my expectations. and A-758 PIusTM systems come long been the industry standard for on-site lime slaking. Integ- The qualityof equipped with a conveyor or rity Municipal Systems has taken that standard to a higher level the equipment screen to remove grit after the with new features that extend equipment life, reduce reliability.control and rove mainte- coupled l 'S p y slaking process. nance costs,and improve The tradition knowledgeable Although the A-758TM and A-758 continues,with legendary design now united with the superior staff, ruled in PIusTM Lime Slaking Systems quality, service, and support of IMS. first class project, are time-tested, proven prod- ucts, recent enhancements have A-758"/A-758 Plus" demonstrated further improved the operabil- why it is an elite ity and effectiveness of these Lime Slaking Systems Organization GG systems. Several features have Continuous Paste Lime Slaking—higher slurry been modularized, such as the thisproject," concentrations with a lower cost and smaller foot- dust arrestor and spray-bar; and print than batch slaking systems Blake Pitts select components have been Vice President redesigned to allow ease of Paste Slaers—faster slaking with a more reactive Matous Construction,Ltd. maintenance and easier replace- lime slurry solution than slurry slaking systems ment of high-wear parts. IMS also modified the water management for the system, replacing Ease o Maintenance—redesigned with the operator in mind for cleaning and high-wear parts on-site, custom-constructed copper piping with a compact, replacement pre-packaged, controlled water panel that can be placed on the unit or mounted remotely to meet the operator's space and Plug-and-Play Installation—each system is piped, operational requirements(see inset).The A-758 TM continuous wired and tested at the factory before shipment lime slaking system can also be coupled with several different quicklime feeders. Page 227 of 919 Company Confidential Rev. 03 Page 24 of 27 i S yy � I S llr4 t { , Campbell's Soup Manufacturing Public Water Supply District#2, Edmond, OK Plant, Napoleon OH Defiance 's, 1 Cote D'lvoire Nebraska City WWTP, NE Fort Pierce Utilitiest rity, FL 77*, „ r , S . I' � S Jackson, Ml Davis WTP,Austin TX 13135 DANIELSON STREET,SUITE 204 POWAY,CA 92064 kin 10/27/2015 Rev.1 PHONE:(858)486-1620 FAX:(858)486-1659 www.integrityms.net aq!!2f,0f!2s1 9 Company Confidential Rev. 03 Page 25 of 27 entegriety MUNICIPAL SYSTEMS 111111izz= Integrity Municipal Systems (IMS) is a specialty engineering company devoted to the design and supply of innovative, pre- assembled, process solutions for the water and wastewater industry.With over 25 years of systems engineering innovation and project execution, the IMS team has the knowledge and dedication to tackle your odor control and chemical feed needs. IMS has achieved a reputation for producing unique, practical, and cost-effective solutions for our customers. We are committed to providing quality, service, and overall value that exceed your expectations. Lime Slaker Systems (A-758 & A-758 Plus) The A-758 and A-758 Plus IMS Lime Slaker Systems provide continuous high volume lime slurries(up to 8,000 lbs/hour)for industrial and municipal process pH adjustment, ............ flocculation, and chemical reaction. The superior paste-type slaking technology consistently produces a higher strength and more reactive lime slurry resulting in more efficient and more economical use of the quicklime. Systems are factory assembled and tested for quick and easy installation, and include options for lime feed and grit removal. Lime Slakes Feeders Series 31-165 Gravimetric Feeder Series 32215 Volumetric Feeder series 32300 Volumetric Feeder Chemical Feed Systems IMS chemical feed systems are pre-assembled,fully-functional chemical delivery systems for water treatment applications. These compact, user-friendly chemical skids include local storage tanks,full secondary containment, dosing pumps, instrumentation and controls. Systems are piped and wired at the factory for easy and quick hook-up. Fluoride Feed System IMS Fluoride Feed Systems use sodium fluoride for community water fluoridation.They are designed with separate saturator and solution tanks, unlike conventional methods,to assure complete saturation, high reliability, low maintenance and ease of use. Int egrity Aqueous Ammonia Feed System IMS packaged Aqueous Ammonia Feed Systems are used in the formation of chloramines for disinfection.The system includes a heavy-duty pressure rated J aqueous ammonia storage tank, integral ammonia fume scrubber, peristaltic jt dosing pump, instrumentation and controls in a fully contained, pre-assembled skid. Optional enclosure,shown right, is ideal for outdoor or remote locations.The FRP shelter houses the equipment in an air conditioned environment and comes complete with lighting,ventilation fan,and breaker panel. 0c2018 INTEGRITY MUNICIPAL SYSTEMS.ALL RIGHTS RESERVED. Page 229 of 919 Company Confidential Rev. 03 Page 26 of 27 Odor Control Systems Standardized, pre-engineered,factory assembled odor control systems for treating odors at sewage pump stations and wastewater treatment plants. Systems are simple to install, reducing installed cost and delivery time. , I t Biological Odor Control Systems f, The I-BOxTm Biological Odor Control System(Patent Pending)uses a two-stage process with a biological stage to remove 99%of the hydrogen sulfide(H2S),followed by an activated carbon polishing stage to remove residual H 2 S and organic odors.Standard models are available to treat up to 5,000 cfrm(8,500 m3/h)of odorous air. Carbon Odor Control Systems The carbon adsorber odor control systems consist of an exhaust fan,damper, interconnecting ductwork,vessel with activated carbon(3 ft.bed)and a control panel. The carbon odor control systems are designed to work with a wide selection of media:virgin activated carbon for low odor level,and high capacity carbon for higher H 2 S concentrations. r, y , I to my Mg, MCS Carbon Odor Control System Standard models are available to treat up to 1,400 cfm(2400 M3/h)of odorous i air in a single carbon stage. BCS Carbon Odor Control System Standard models treat up to 6,800 cfm(11600 M3/h)in a single carbon stage and up to 20,000 cfm(34000 M3/h)in a dual carbon bed system. Emergency Chlorine Scrubbers IMS wet emergency chlorine scrubber systems contain and treat accidental releases of chlorine gas, limiting the atmospheric release of chlorine to less than 1 ppm. The compact scrubber systems are factory pre-assembled, piped, wired and tested, with a low profile suitable for either indoor or outdoor installation.The system design surpasses the requirements of the Uniform Fire Code. VS-150 This multi-stage wet scrubber system treats chlorine vapors from a bank of 1501b(70kg)chlorine cylinders,at } leak rates of 28 lbs/min or more. j tgty ".► VS-2000 This multi-stage wet scrubber system treats up to 3 tons of chlorine vapor,at leak rates of 100 lbs/min or more. VS-20000 . h . The EVS-2000C emergency chlorine scrubber is a multi-stage wet scrubber system designed to treat up to 1 ton of chlorine vapor,at leak rates of 100 lbs/min or more. 13135 DANIELSON STREET,SUITE 204 POWAY,CA92064 tegrity 04/09/2018 Rev.1.0 PHONE:(858)486-1620 FAX:(858)486-1659 www.integrityms.net AP2gea303uP919 Company Confidential Rev. 03 Page 27 of 27 tintegriety MUNICIPAL SYSTEMS October 8 2020 Mr. Joseph Paterniti, P.E. Utility Director Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach, Florida 33435 Phone: (561) 742-6453 Email: PaternitiJ@bbfl.us RE: Boynton Beach, FL Lime Slaking System (A-758) Dear Mr. Paterniti, The purpose of this letter is to communicate to you that Integrity Municipal Systems, LLC (IMS) is the sole worldwide manufacturer and provider of the Series A-758 Paste-Type Lime Slaker which is currently in use at the Boynton Beach WTP. As you know, Series A-758 Paste-Type Lime Slakers have a long tradition of quality and reliability, beginning with the original Wallace &Tiernan Company and continuing through the USFilter and Siemens days. IMS is intensely focused on building on that tradition by providing first-class products combined with unparalleled customer service. Please do not hesitate to contact us if you have any questions. Sincerely, Khaled Roueiheb Director of Sales Integrity Municipal Systems, LLC 13135 Danielson St., Suite 204, Poway, CA 92064, U.S.A Phone: (858) 218-3753 (Direct) Phone: (858) 486-1620 (Main Office) Fax: (858) 486-1659 Cell: (858) 248-7834 Email: Khaled@lntegrityMS.net 7.B. CONSENT BIDS AND PURCHASES OVER$100,000 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Approve and authorize the issuance of a purchase order to Gentile Glas Holloway O'Mahoney, in the amount of$128,859.39 in accordance with RFQ No. 046-2821-17/TP, general consulting services contract, scope category E awarded by City Commission on August 7, 2018 for the design, permitting, and construction administration of the site improvements at Ezell Hester Park. Explanation of Request: On December 10, 2018, the City issued a purchase order in the amount of$19,393.12 to Gentile Glas Holloway O'Mahoney and Associates, Inc. to develop a conceptual site plan with proposed modifications for the site improvements at Ezell Hester Park. On June 24th, 2019 the Recreation & Parks Advisory Board reviewed and approved the conceptual site plan. The conceptual project plans include the addition of three (3) new parking areas, relocation of the playground, security, lighting, complete renovation of the football field and the reconfiguration of the multi- purpose fields. The next step in the project is to complete the final engineering design, permitting, and construction documents and then ultimately put the project out to bid. Staff has reviewed the task order for phase 2 and recommends the issuance of a purchase order. How will this affect city programs or services? This project will provide much needed parking, utilization and aesthetics improvements to the park. Additionally, it will diversify athletic use options and expand sports programing offerings and simplify maintenance. Fiscal Impact: Budgeted The funding is budgeted in Project#RP2101 and account#303-4209-572.63-05. Alternatives: Defer the improvement to a later year. Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 232 of 919 ATTACHMENTS: Type Description D Task Order Phase 2 Proposal (Task Order UT-1 E-01) D Drawings Phase 1 Concept Plan D Contract CHH Executed Contract D Task Order Phase 1 Task Order Page 233 of 919 CONFIRMATION OF ADDITIONAL PROFESSIONAL SERVICES Client: Gary Dunmyer, City Engineer Gentile Glas Public Works, Engineering Holloway City of Boynton Beach y 100 E. Boynton Beach Blvd. O'Mahoney Boynton Beach, FL 33435 A Ass-i�l,I.c_ d-1,A,�hiwt, PH. 561-742-6231 I'll.11-�-d dunmyerg@bbfl.us E i.......I',co—.11—N 1907 Can,.—terns Mail to: P.O. Box 310 e�} Boynton Beach, FL 33425 J.Pit-,FI-id.31 i8 %1-575 9357 %1. 1=�60k�h Re: Professional Services for the design of new parking areas for Ezell Hester Park,located between NW `"`°.2GH0" 1911 Avenue and NW 17t1 Avenue on N. Seacrest Blvd. in Boynton Beach, FL. Job Name: Boynton Beach Ezell Hester Park Parking Expansion Add] Date: July 17, 2019, Revised September 30, 2020, October 20, 2020 Job Number: 18-1115.1r This is to confirm the authorization to the business entity Gentile Glas Holloway O'Mahoney&Associates, Inc., Landscape Architects, Planners, Environmental Consultants (Consultant) for the performance of Professional Planning and Landscape Architectural Services. The scope of requested services is described herein: 1. Agreement for Services: The Consultant agrees to provide conceptual design services to the Client as more fully described in the Scope of Work, and the Client agrees to compensate the Consultant for those services under the terms of this Agreement.The Consultant's services shall be performed in a manner consistent with that degree of skill and care ordinarily exercised by practicing design professionals performing similar services in the same locality, at the same site and under the same or similar circumstances and conditions. The Consultant makes no other representations or warranties, whether expressed or implied, with respect to the services rendered hereunder. A. All other provisions of our existing general consulting services agreement dated November 28th,2018 shall apply to this authorization of services. B. See original contract#18-1115 for other specific requirements. RFQ#046-2821-17/TP Scope E R18-103 Task Order UT-1 E-01 SCOPE OF WORK: The Design Team will take the park from the Concept Design level through construction administration. The existing park will be modified the following ways: 1. Provide three additional parking areas plus two small areas in addition to the existing parking for a total of five areas. The main parking addition will be an extension for the existing lot. One will be separate off a side street(N.W. 1911 Ave.).The other one will be a new area off N.W. 17t1 Ave.on the south side. 2. Change a ball field to two soccer/multi-purpose fields with regrading and expansion into the preserve area. 3. Option to design one or more of the ball fields with synthetic turf by developing cross sections and specifications(2GHO) 4. The existing playground area will be re-located with the City determining equipment to move or replace with new equipment as specified by 2GHO in conjunction with City Staff. 5. Design of the sidewalks going to the ball fields and around the new playground location. 6. Design of a multi-use trail around the perimeter of the ball fields, much within the preserve area. Signage or thermoplastic markings will denote distances for walkers and provide lighting. 7. Update and modify the drainage plan for the property. 8. Provide geotechnical evaluation and design a base for the new fields and parking areas with exfiltration percolation rates as well as flexible and rigid pavement design recommendations based on soil conditions. 9. Explore and evaluate designing a new park entry location with the traffic engineer backup on the decision, specifically for the NW 17th Avenue. Page 234 of 919 Boynton Beach Ezell Hester Park/Job No. 18-1115.1r July 17, 2019, Rev. September 30, 2020, October 20, 2020 Paste 2 of 5 10. Provide an environmental study of the impacted preserve area and develop the mitigation strategy as 25%of the site was required in preserve. 11. Design new parking area lighting using new full cut-off type LED fixtures per City standards. 12. Design to replace the existing parking lot lighting with new full cut-off type LED fixtures,whether using the existing poles or not. Actual replacement will be an alternative or add-on bid during construction. 13. Design to add new lights to the two soccer fields using LED fixtures and posts as directed by the City. 14. Provide convenience outlets at various locations of the park to be used during sports and other various events. Locations as directed by Staff. Fixture replacement may be an alternate bid in construction. 15. Replace football field lighting with LED fixtures either using or replacing the existing poles. 16. Provide post lighting for the relocated playground using LED fixtures. 17. Provide photometrics of parking and sports field lighting. 18. Provide security design per the standards of the City by security expert. 19. Provide security equipment location and layout within designated room. (RLI) 20. Process the site plan and design documents though the City Staff and departments. Comments received will be addressed and resubmitted at each submittal level. 21. Minor utility coordination off-site as may be required. The Design Team will produce the following documents: 1. Site Plan package and process through the City Staff and departments. 2. Site Plan(guiding document)of park showing the additional parking and site improvements including the playground, setting the park standard for benches,trash cans and other site furniture; 3. Environmental Assessment and Prepare Environmental Impact Report; 4. Traffic Statement that the use of the park remains relatively the same and traffic impact if the entry changes; 5. Landscape Plan for the new parking areas,the new trail, ball fields and any other reconfigured areas; 6. Tree Determination Plan showing the inventory and direction of any trees affected by the improvements; 7. Paving, Grading and Drainage(Civil Engineering)for the new parking areas, the ball fields, trail and walkways. Overall drainage will be addressed; 8. Site Lighting design (Electrical Engineer)and Photometrics for the whole park, existing facilities and new facilities; 9. Irrigation Plans for the whole park; 10. Cost estimate at each submittal, and; 11. Security design per City standards. 12. Provide two revisions for value engineering changes at points beyond the Construction Document submittals. Excluded: ■ Government Fees • Identification of and/or abatement design for hazardous materials. • Field verification of existing concealed conditions. • More than one phase during Construction Administration Services. • Major off-site road or utility improvements. • Existing wetland impact permitting. ■ SFWMD Dewatering permit. • Survey TASK 1: CONCEPT: The Consultant shall prepare alternate design options for the City to consider which may include the playground location and various entries into the site. Upon acceptance of the final concept, the design will be shared with the Team and set the benchmark for the rest of the project design. DESIGN DEVELOPMENT: The Consultant Team shall prepare Design Development documents based upon the Client approval of the Schematic Design (previous contract). Documents will include a site plan with relevant tabular information, engineering plan with grading and drainage for two new parking areas, parking lot lighting plan and a landscape plan. Environmental and Traffic Reports will be developed. Plans shall be presented to the Client for feedback and comment. SITE PLAN 30% CONSTRUCTION DOCUMENTATION: The Consultant shall assist the Client in preparation of a package for an administrative review for the project referenced above. The following items will be prepared by the Consultant at a level required by the City Page 235 of 919 Boynton Beach Ezell Hester Park/Job No. 18-1115.1r July 17, 2019, Rev. September 30, 2020, October 20, 2020 Paste 3 of 5 of Boynton Beach for review: A. Assist the Client in preparing a site plan package including drainage statement, site plan, conceptual paving and drainage engineering plans along with landscape plans based upon the Client provided program delineating all the existing and proposed site features as a standard for a site plan package. B. 2GHO will coordinate of all responses to comments. DELIVERABLES: Design Development level documents (30% CD) including: ■ Site Plan—controlling document ■ Landscape Architecture ■ Conceptual Grading, Drainage and Paving Plan ■ Drainage Report ■ Traffic Study ■ Environmental Report ■ Geotechnical Report ■ Conceptual Lighting Plan &Photometrics ■ Probable Costs ■ Site Plan Application Package submittal and revisions ■ Two Client meetings ■ One set of revisions SCHEDULE: 6 Weeks for Submittal + 90+ Days for Submittal Processing TASK 2: CONSTRUCTION DOCUMENTATION: The Consultant Team shall prepare construction level plans, elevations and details suitable for permitting and building of the project. Site, Paving and Drainage, Landscape Plans, Irrigation Plans and Electrical Engineering Plans will be signed and sealed for permit submissions as required. DELIVERABLES: Construction Set of Documents 60% Construction Set of Documents 90% Construction Set of Documents 100% Final Probable Costs Up to two Client Meetings SCHEDULE: 5 Weeks for each of 60%, 90%and 100% TASK 3: PERMITTING: The Consultant Team shall prepare and submit for required drainage and engineering permits as may be required. DELIVERABLES: Agency Engineering Permits Agency meetings as may be required SCHEDULE: 10 Weeks (may overlap with CD) TASK 4: CONSTRUCTION ADMINISTRATION/SHOP DRAWINGS: The Consultant Team will provide minimal Construction Administrative services to support the Client's Team. The following will be provided for a single phase of construction: A. One set of minor revisions to Final Construction Plans. B. Assist in bidding and negotiations C. General Contractor kick off meeting. D. Initial landscape contractor meeting. E. Review and approval/rejection of all trees, on site, prior to planting to affirm grade compliance. F. Site Meetings (maximum visits: 13 Civil Engineer, 4 Electrical Engineer, 10 Landscape Architect). G. Review shop drawings. H. Application for Payment review(Civil Engineer). I. Inspections and Tests(Civil Engineer). J. Completion of Construction Certifications(Civil Engineer). Page 236 of 919 Boynton Beach Ezell Hester Park/Job No. 18-1115.1r July 17, 2019, Rev. September 30, 2020, October 20, 2020 Paste 4 of 5 K. Substantial Completion walk-through and punch lists. L. Final Completion walk-through and certifications as appropriate. DELIVERABLES: Shop drawing review as needed One set of revisions to 100% Construction Documents SCHEDULE: As Needed TASK 5: ADDITIONAL SERVICES: The Consultant shall provide additional services if requested upon written authorization by the Client under this Agreement.Said services may include, however not be limited,to the following: A. Listed species permitting and associated agency meetings; B. Mechanical Engineering; C. Land Use Amendment and Rezoning; D. Major changes,to the design after Client approval of the conceptual stage,that are not the direct responsibility of the Consultant; E. Additional meetings not covered within this proposal. Compensation by Client to Gentile Glas Holloway O'Mahoney&Associates,Inc.for these professional services will be based upon: COMPENSATION A. Compensation for services rendered by the Consultant Team, TASK 1 Design Development shall be a fixed fee of$51,573.39 including reimbursable as below: FIRM FEE 2GHO(Land Planning&Landscape Architectural) $ 18,000.00 Engenuity Group, Inc. (Civil) $ 11,000.00 Ronald L. Levinson, P.E. (Electrical) $ 7,320.00 EW Consults, Inc. (Environmental) $ 3,200.00 PTC Transportation Consultants $ 3,450.00 TSF Consultants (Geotechnical) $ 6,407.00 2GHO Coordination (7%) $ 2,196.39 B. Compensation for services rendered by the Consultant Team, TASK 2 Construction Documentation shall be a fixed fee of$42,325.80 including reimbursable expenses as below: FIRM FEE 2GHO(Land Planning&Landscape Architectural) $ 13,500.00 Engenuity Group, Inc. (Civil) $ 19,500.00 Ronald L. Levinson, P.E. (Electrical) $ 6,240.00 Broadcast Systems (Security) $ 1,200.00 2GHO Coordination (7%) $ 1,885.80 C. Compensation for services rendered by the Consultant Team, TASK 3 Permitting shall be a fixed fee of$8,350.00 including reimbursable expenses as below: FIRM FEE 2GHO(Land Planning&Landscape Architectural) $ 3,000.00 Engenuity Group, Inc. (Civil) $ 5,000.00 Ronald L. Levinson, P.E. (Electrical) $ 0.00 2GHO Coordination (7%) $ 350.00 D. Compensation for services rendered by the Consultant Team, TASK 4 Construction Administration shall be a fixed fee of$26,610.20 Including reimbursable expenses as below: FIRM FEE 2GHO(Land Planning &Landscape Architectural) $ 7,500.00 Engenuity Group, Inc. (Civil) $12,000.00 Ronald L. Levinson, P.E. (Electrical) $ 5,620.00 Broadcast Systems (Security) $ 600.00 2GHO Coordination (7%) $ 1,250.20 REIMBURSABLE EXPENSES *Reimbursable fees include printing, mailing, local mileage and long distance calls are included in the scope. Page 237 of 919 Boynton Beach Ezell Hester Park/Job No. 18-1115.1r July 17, 2019, Rev. September 30, 2020, October 20, 2020 Paste 5 of 5 Confirmation Order Gentile Glas Holloway O'Mahoney &Associates, Inc.(Consulta ' City of Boynton Beach By. Q ! By: f Emily W.alVla ney, ASLA; PLA Name LEED APOBD C Title: Partner Date: Title Date: October 20,2020 Page 238 of 919 Boynton Beach Ezell Hester Park Improvements Task Order UT-1E-01 20-Oct-20 TASK 1 Design Development 2GHO (Land Planning& Landscape Architectural) $ 18,000.00 Engenuity Group, Inc. (Civil) $ 11,000.00 Ronald L. Levinson, P.E. (Electrical) $ 7,320.00 EW Consults, Inc. (Environmental) $ 3,200.00 PTC Transportation Consultants $ 3,450.00 TSF Consultants (Geotechnical) $ 6,407.00 2GHO Coordination (7%) $ 2,196.39 $ 51,573.39 TASK 2 Construction Documentation 2GHO (Land Planning& Landscape Architectural) $ 13,500.00 Engenuity Group, Inc. (Civil) $ 19,500.00 Ronald L. Levinson, P.E. (Electrical) $ 6,240.00 Broadcast Systems (Security) $ 1,200.00 2GHO Coordination (7%) $ 1,885.80 $ 42,325.80 TASK 3 Permitting 2GHO (Land Planning& Landscape Architectural) $ 3,000.00 Engenuity Group, Inc. (Civil) $ 5,000.00 2GHO Coordination (7%) $ 350.00 $ 8,350.00 TASK 4 Construction Administration 2GHO (Land Planning& Landscape Architectural) $ 7,500.00 Engenuity Group, Inc. (Civil) $ 12,000.00 Ronald L. Levinson, P.E. (Electrical) $ 5,260.00 Broadcast Systems (Security) $ 600.00 2GHO Coordination (7%) $ 1,250.20 $ 26,610.20 $ 128,859.39 Page 239 of 919 Bptaojd`uoBoa uojujog 3 as = ffi Fd �ltunuuuuoj Zg o` a m ss uutd uOIJB21t.tl �� — UxOm,aw 14 — - - - - - - - - - - - - / / - / LL Ir 91 7/7 �r-jr/7'i "ow jam// - ----------- ..��l9 ,%� //`�///j///j///j//j j/✓j///j//j j//jj//j j� I GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and GENTILE GLAS HOLLOWAY O'MAHONEY & ASSOCIATES, INC., hereinafter referred to as"the CONSULTANT', in consideration of the mutual benefits,terms,and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act,the CITY'S Procurement Code,the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services;and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No.046-2821-17frP;and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY;and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor,materials,equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications,Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services ® Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL:The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s).The terms of the Task Order(s)shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-1 Page 241 of 919 its Sub-consultants'work. 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost,and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100%construction documents. 1.2.4 During the preliminary services phase,the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project;provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions;and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property,and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six(6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project;and/or 1.2.4.4 Upon authorization of the CITY,the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-2 Page 242 of 919 operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES:The CONSULTANT shall consult and advise the CITY in the following manner:specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format,and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY,design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-3 Page 243 of 919 changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal,the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature,date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal,state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY,assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-4 Page 244 of 919 construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY.If the project is not advertised for proposals within three(3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry,the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans,the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda,through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid(two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders,and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents,and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL G-5 Page 245 of 919 percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for,the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any arch itecturaVeng ineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards,supporting documentation, or data. If the schedule of values is not found to be appropriate,it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed,and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents.On the basis of site visits,the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means,methods,techniques,sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-6 Page 246 of 919 Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment,the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time,no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY,written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre-construction conferences; ❖ Conducting all necessary construction progress meetings; ❖ Observation of the work in progress to the extent authorized by the CITY; •A Receipt, review coordination and disbursement of shop drawings and other submittals; Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-7 Page 247 of 919 11- Maintenance and preparation of progress reports; ❖ Field observation and verification of quantities of equipment and materials installed; •3 Verification of contractors'and subcontractors'payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; ❖ Scheduling and conducting monthly progress meetings at which CITY, Engineer,general contractor,trade contractor,utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action,and enforcing action selected by the CITY,if so directed by the CITY,if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; ❖ Development and implementation of a system for the preparation, review,and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors'work and the percentage of completion; ❖ Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion;and Securing and transmitting to the CITY, required guarantees; affidavits; releases;key manuals;record drawings;and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress,provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods,techniques, sequences or procedures,or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-8 Page 248 of 919 Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing,or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site') other than for CONSULTANT's employees,subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional(not exclusive)services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. ❖ Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope,extent or character of any particular project or its design including but not limited to,changes in size,complexity,the CITY'S schedule,character of construction or method of financing, and revising previously accepted studies,reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies;cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. ❖ Assistance in connection with Proposal/proposal protests,re-bidding or re-negotiating contracts for construction, materials, equipment or services,unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT(e.g. defective plans Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-9 Page 249 of 919 and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. ❖ Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. ❖ Additional services in connection with a project not otherwise provided in this Agreement. ❖ Services in connection with a project not otherwise provided for in this Agreement. ❖ Services in connection with a field order or change order requested by the CITY. Providing artwork,models,or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. ❖ Services in connection with work changes necessitated by unforeseen conditions encountered during construction. ❖ Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. ❖ Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT,the cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-10 Page 250 of 919 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s)shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project.The CITY may have multiple CITY Representative(s)or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability,and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services(except where otherwise furnished by the CONSULTANT as Additional Services),the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples,materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning,deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT;and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-11 Page 251 of 919 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task ordertwritten task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a"rolling"basis,as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older" task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time,the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction,the reasons for tardy completion Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-12 Page 252 of 919 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work,or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach,an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; ❖ CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety(90)days of such date. ❖ CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default,the CONSULTANT shall be liable for all damages resulting from the Default including: ❖ The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. ❖ In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-13 Page 253 of 919 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing,and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2-TERM 2.1 The initial Contract period shall be for an initial two(2)years, commencing at the execution of the contract,and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions.The CONSULTANT understands and acknowledges that the Services to be performed during the two(2)year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed.At no time shall this transitional period extend more than one-hundred and eighty(180)calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3-TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4-PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: ❖ Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit"A"attached hereto. Payment as provided in this Section shall be full compensation for work performed,services rendered and for all materials,supplies,equipment and incidentals necessary to complete the work. ❖ Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-14 Page 254 of 919 accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. s The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative,the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. ❖ Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not-to-exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY,which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice' on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry,such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index(CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-15 Page 255 of 919 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety(90)days prior to the end of the contract year then in effect, compared to the index for the same month one(1)year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination,refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive,or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY,the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5-OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies,of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract,without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6-FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7-WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-16 Page 256 of 919 professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore,CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY,which consent shall not be unreasonably withheld. ARTICLE 8-COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract,shall review and comply with laws,regulations,codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered,both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9-INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys'fees and costs,arising from injury or death to persons,including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-17 Page 257 of 919 ARTICLE 10-INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations;Independent Contractors,Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and$1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY,except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-18 Page 258 of 919 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty(30)days following the CITY'S written notice,the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT,said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall,for a period of two(2)years following the termination of the Agreement,maintain a"tail coverage"in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 -INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract.The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12-COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person,other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty,the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-19 Page 259 of 919 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage,brokerage fee,gift,or contingent fee. ARTICLE 13—TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete,or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate"within one(1)year following payment. ARTICLE 14-SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 75-DISCRIMINATION PROHIBITED 15.1 The CONSULTANT,with regard to the work performed by it under this Contract, will not discriminate on the grounds of race,color, national origin, religion, creed, age,sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16-ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-20 Page 260 of 919 ARTICLE 17-NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18—TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10)days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated,CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY,this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions,or requirements herein contained, if such neglect or failure continue for a period of thirty(30)days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty(30)days after receipt by CITY of written notice of breach. ARTICLE 19—DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County,Florida. ARTICLE 20—UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces' shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-21 Page 261 of 919 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable,removable,or remediable,and which the non- performing party could have,with the exercise of reasonable diligence,prevented, removed,or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21—CITY-PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required;furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22—ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost,financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions;time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule.Therefore,CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions,analyses, projections,or estimates. ARTICLE 23—THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services C-22 V.5 CLEAN FINAL Page 262 of 919 ARTICLE 24-NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn:Utilities Director City of Boynton Beach 124 E.Woolbri ht Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT,shall be sent to the following address: Gentile Glas Holloway —O'Mahoney&Associates, Inc. Attn:Geor a G.Gentile 1907 Commerce Lane Suite 101 Jupiter,FL 33458 ARTICLE 25-.INTEGRATED AGREEMENT 25.1 This Contract,together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order,the provision of the Task Order will control. ARTICLE 26-SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted,to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary,all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract,or any disagreement or dispute concerning it,shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract,the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-23 Page 263 of 919 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes,as amended. ARTICLE 27—PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119,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 disclosure requirements are not disclosed except as authorized by law for the duration of the contract tern and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY;and D. Upon completion of the contract,Contractor shall transfer to the CITY, at no cost to the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY,upon request from the CITY'S custodian of public records,in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O.BOX 310 BOYNTON BEACH,FLORIDA,33425 561-742-6061. PYLEJ(?&BBFL.US Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-24 Page 264 of 919 Article 28-LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS,CLAIMS,ACTIONS,LOSSES,COSTS(INCLUDING ATTORNEY FEES)AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF,the parties hereto have executed this Contract in multiple copies,each of which shall be considered an original on the following dates: DATED this day of Zp j CITY OF BOYNTON BEACH o , City M pager CONSULTANT Attest/Authenticated: Title i r �kt� Gl 4"1, City erk (Corporate' a , Approved to F ut nticate . Offic of the Ci ney a etary ' Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 265 of 919 EXHIBIT"A" SCOPE E-FEE SCHEDULE PRIME:Gentile Glas Holloway O'Mahoney& Associates,Inc. SUBCONSULTANT:Stephen Boruff,AIA Architects+Planners, Inc. REVISED DATE: July 2,2018 Personnel Classifications Hourly Rate Principal $166.00 Project Manager $131.50 Senior Engineer N/A Senior Planner $129.40 Senior Architect $165.00 Senior Landscape Architect $122.30 Senior Surveyor/Mapper N/A Structural Engineer N/A Architect $125.00 Urban Designer $129.40 Planner $76.27 Landscape Architect $102.96 Inspector(Zoning&Landscape) $78.90 GIS Specialist $94.68 Architectural CADD/Technician $74.00 Planning Technician $54.26 Clerical/Administrative $37.13 Reimbursable Expenses: Direct costs such as postage,prints,delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services C-26 V.5 CLEAN FINAL Page 266 of 919 EXHIBIT"B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M.Best Co.of"B+"or higher.(NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk) ----------------.—.-.----------------------------------------_-_---------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $1,000,000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability -----_-----_------------------------------------ Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal Garage Liability Auto Only,Each Accident $1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate $1,000,000.00 ------___-----__-------—--------—-------------—----------.......-.---------------------------------- Excess Liability Each Occurrence _—to be determined Umbrella Form Aggregate to be determined ------- ------------------------------------------------------------_----------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------_---------------___-___------------------------------- Other- As Risk Identified to be determined -------------------------------------------------------------------------------------------------------------------- Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-27 Page 267 of 919 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: I Name of Firm: Office Location: 1. Service: (Check One) ❑ Planning/Study Activity,Report,Other ❑ Design/Engineering Services/Preliminary Bid Document ❑ Final Document/Bidding/Contractor Award ❑ Construction PhaselCompletion 2. Name of Project: 3. Project Mana er: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b.Substantial Construction Completion Date: c. Final Construction Completion Date: eck One) ❑ Unsatisfactory 6. Overall Rating (Ch ❑ Poor ❑ Fair ❑ Good ❑ Excellent 7. Recommended for Future Contracts? ❑ Yes ❑ No ❑ Conditional If other than yes,Provide detailed explanation on a separate sheet of a er. 8. Name,title,and office of ratin officer e. .Utilities Director): 4. Si nature ofratin officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-28 Page 268 of 919 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Thorough site investigation 1 2 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative&responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 14 5 7. *Plan/s ec accurac 1 12 3 14 15 *Preliminary administrative/limited staff review/evaluation of levels of clarity,accuracy,and coordination between disciplines. Name and title of rating officer e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID,&AWARD BY CONSULTANT Rate numerically 1 to gwitho the high st score N/A 1. Secs afford competition 2 3 4 5 2. Secs com letetthorou h 2 3 4 5 3. Accuracy of documents 2 3 4 5 4. Re uirements within en ineer's estimate5. Coo erative attitude 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to in uiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building&permitting agencies 1 2 3 4 5 11. Addendum re -ration&1.22rmit applications 1 2 3 4 1 5 Name and title of rating officer(e.g.Utilities Director: Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-29 Page 269 of 919 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerical) 1 to 5 with 5 bein the hi hest score N/A 1. Drawin s Reflect True Conditions 1 2 3 4 5 2. PlanslS ecs Accurate/Coordinated 1 2 3 4 5 3. Desi n Constructabili 1 2 3 4 5 4. Timeliness/Quali of Processin Submittals 1 2 3 4 5 5. Product/E ui ment Selection Availabili 1 2 3 4 5 6. Field Consultation and Investi ations 1 2 3 4 5 7. Quali of Su ort Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Pro'ect Closeout Documentation Review 1 2 3 4 5 10. Validit of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Re ulato Agencies? 13. Change Order Processing(Accuracy,Timeliness, Documentation,etc.) 1 2 3 4 5 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s)or 1 2 3 4 5 associates work and paperwork? 15. Proactive Participation in Resolution of Dis ute s? 1 2 3 4 5 Name and title of rating officer(e.g.Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-30 Page 270 of 919 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY,REPORT,OTHER Rate numerically 1 to 5 with 5 bein the hi hest score N/A 1. Thorough investigation of situation or activity 1 2 13 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Acc racy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solving? 7. Overall results 11 2 13-14 r5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-31 Page 271 of 919 SCOPE FOR PROFESSIONAL PLANNING AND LANDSCAPE ARCHITECTURAL SERVICES Gentile Glas Holloway Client: Gary Dunmyer, City Engineer O'Mahoney Public Works, Engineering &A> o—,i ,,do£. City of Boynton Beach „d;<p,A,,h t-t, 100 E. Boynton Beach Blvd. Ph "d Boynton Beach, FL 33435 P H. 561-742-6231 1907c,,t,rr — dunmyerggbbfl.us i:ute tail jupt", ,,,:459 Mail to: P.O. Box 310 „.1Ut 10.- Boynton Beach, FL 33425 Re: Professional Landscape Architectural Services for the design of a landscape irrigation system for Ezell Hester Park, located between NW 191h Avenue and NW 17th Avenue on N. Seacrest Blvd. in Boynton Beach, FL. Job Name: Ezell Hester Park Boynton Beach Date: November 7, 2018; Revised November 28, 2018 Job Number: 18-0706.1 This is to confirm the authorization to the business entity Gentile Glas Holloway O'Mahoney & Associates, Inc., Landscape Architects, Planners, Environmental Consultants (Consultant) for the performance of Professional Planning and Landscape Architectural Services. The scope of requested services is described herein: 1. Agreement for Services: The Consultant agrees to provide conceptual design services to the Client as more fully described in the Scope of Work, and the Client agrees to compensate the Consultant for those services under the terms of this Agreement. The Consultant's services shall be performed in a manner consistent with that degree of skill and care ordinarily exercised by practicing design professionals performing similar services in the same locality, at the same site and under the same or similar circumstances and conditions. The Consultant makes no other representations or warranties, whether expressed or implied,with respect to the services rendered hereunder. A. All other provisions of our existing general consulting services agreement dated August 20th, 2018 shall apply to this authorization of services. B. See Attached Exhibit A for full scope of services. Compensation by Client to Gentile Glas Holloway O'Mahoney&Associates, Inc.for these professional services will be based upon: Compensation: ® Compensation for services rendered by the Consultant, Scope of Work Items A.1, B and C in Exhibit A shall be a fixed fee of Fifteen Thousand Eight Hundred Ninety-Three Dollars and Twelve Cents ($15,893.12). ® Compensation for services rendered by the Consultant, Scope of Work Item A.2 in Exhibit A shall be a fixed fee of Three Thousand Five Hundred Dollars ($3,500.00). 1. Reimbursable Expenses: N/A 2. Client's Responsibilities: The Client shall be responsible for the following: Page 272 of 919 Ezell Hester Park Boynton Beach/Job No. 18-0706.1 November 7, 2018;Revised November 28, 2018 Page 2 of 4 A. The Client shall provide full information concerning the Scope of Work, shall set forth the Client's objectives, restraints, and criteria. B. The Client shall provide the Consultant with a certified copy of a survey. The Consultant shall rely on the accuracy of this survey in the performance of his work under this Agreement. C. The Client shall provide the Consultant with all other engineering studies, reports and architectural drawings as may be necessary for submission to the local governments having jurisdiction over the development of the property. The Consultant shall rely on the accuracy of these items in the performance of his work. 3. Payment for Services: The Consultant shall bill the Client for its services and reimbursable costs due under this Agreement at such times as it shall deem proper. All invoices are due and payable upon receipt by the Client. Interest, at a rate of 1.5% per month, shall accrue on invoices outstanding more than 30 days. The Consultant will stop all work per this Agreement on invoices past due 30 days. Work will not commence until all past due invoices are paid in full. The Consultant assumes no responsibility for damages, financial, physical or other, because of work being stopped. 4. Termination of Agreement: This Agreement is terminable anytime upon notice of the Client or the Consultant to the other party. Termination of this Agreement, however, shall not relieve the Client of any responsibility for payment for any services performed by the Consultant before receipt of the notice of termination. 5. Extent of Agreement: This Agreement represents the entire Agreement between the Client and the Consultant concerning the Scope of Work and may be amended only by written instrument signed by the Client and the Consultant. In all respects, the laws of the state shall govern this Agreement of Florida and venue concerning any dispute that may arise under it shall be in Palm Beach County, Florida. 6. Limits of Liability: The Consultant or his consultants shall not be liable to the Client for indirect, special, reliance, incidental, consequential or exemplary damages (other than personal injury damages) arising out of or concerning the performance of the services for this Agreement beyond the amount of fees paid for such services. Pursuant to this section, an individual employee or agent of the Consultant may not be held individually liable for negligence arising out of or concerning the performance of the services for this Agreement. The Consultant shall not be responsible for monitoring site plan approval status beyond the date of approval by the local jurisdiction having authority over the project. (Most site plan approvals expire 18-24 months after final approval.) 7. Miscellaneous Provisions A. This Agreement is governed by the law of the Consultant's Principal place of business. B. This Agreement is the entire and integrated agreement between the Client and The Consultant and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this agreement only by a written instrument signed by both the Client and the Consultant. C. In the event that any term or provision of this agreement is found to be unenforceable or invalid for any reason, the remainder of this agreement shall continue in full force and effect, and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid. LC000177 K: Company Information�Client Proposals�City of Boynton Beach�Ezell Hester Park�Ezell Hester Park Boynton Beach 18-07P m,.1" 3 of 919 Ezell Hester Park Boynton Beach/Job No. 18-0706.1 November 7, 2018;Revised November 28, 2018 Page 3 of D. Neither the Client nor the Consultant shall assign this agreement without the written consent of the other. E. Irrespective of any other term in this agreement, the Consultant shall not be responsible for construction means, methods, techniques, schedules, sequences, or procedures; or for construction safety, or any other related programs; or for another party's failure to complete their work or services in accordance with the Consultant's documents. F. Client agrees to indemnify, defend and hold harmless the Consultant from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys; fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injury or death, or economic losses, arising out of the Project and/or this agreement, except that the Consultant shall not be entitled to be indemnified to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by the Consultant's errors or omissions. G. Should any legal proceeding be commenced between the parties to this agreement seeking to enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' and expert witnesses' fees, which shall be determined by the court or forum in such a proceeding or in a separate action brought for that purpose. H. The Client and the Consultant waive consequential damages for any claims, disputes or other matters in question arising out of or relating to this agreement. The Consultant's waiver of consequential damages, however, is contingent upon the Client requiring the contractor and its subcontractors to waive all consequential damages against the Consultant for claims, disputes or other matters in question arising out of or relating to the project. I. To the extent that damages are covered by property insurance during construction, the Client and Consultant waive all rights against each other and against the contractors, consultants, agents, and employees of the other for such damages. The Client or Consultant, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor or the other parties described in this paragraph. J. The Client acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of improper maintenance for this Project may result in damage to property and or persons. The Client further acknowledges that, as between parties to this agreement, the Client is solely responsible for the results of any lack of or improper maintenance. K. Nothing in this agreement shall create a contractual relationship for the benefit of any third party. 8. Ownership of Instruments of Service: Drawings, specifications and other documents, including those in electronic form, prepared by the consultant and the Consultants Sub-consultants are Instruments of Service for use exclusively to this Project. The Consultant and the Consultants Sub-consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. 9. Retainer: The Client shall pay a retainer in the amount of Zero Dollars ($0.00) upon commencement of services or authorization of additional work under this Agreement. Said retainer shall be credited to the last invoice for service. LC000177 K: Company Information�Client Proposals�City of Boynton Beach�Ezell Hester Park�Ezell Hester Park Boynton Beach 18-07 6g.�O V4 of 919 Ezell Hester Park Boynton Beach/Job No. 18-0706.1 November 7, 2018;Revised November 28, 2018 Page 4 of Confirmation Order Gentile Glas Holloway O'Mahoney City of Boynton Beach &Associates, Inc. (Consultant) By: By:�! ., d Name George G. Gentile, FASLA, PLA LEED AP®BD+C Title: Sr. Partner/President Title Date: Date: November 28, 2018 LC000177 K: Company Information�Client Proposals�City of Boynton BeachEzell Hester Park�Ezell Hester Park Boynton Beach 18-076gWV5 Of 919 Ezell Hester Park Boynton Beach November 7, 2018; Revised November 28,2018 Page 1 of 1 EXHIBIT A Scope of Work Scope of Work: The Parties agree that the Scope of Work that the Consultant shall do for the Client shall be defined as follows: A. DUE DILIGENCE/CONCEPTUAL PLANS: 1. The Consultant shall assist the Client in due diligence, meetings and finalizing the landscape irrigation design program for the subject property. 2. The Consultant shall review the existing parking as built on the site and prepare a conceptual re-design to determine the ability to increase parking spaces and make the layout more efficient.The Consultant shall prepare a preliminary plan for review by the City. B. CONCEPTUAL DESIGN: The Consultant shall prepare Conceptual Design Plan(s) of the proposed landscape irrigation design based upon the Client program, site constraints, and professional design expertise. Said plans shall delineate the proposed elements of the irrigation system including maintenance pump evaluation and location, if changed. These plans shall be presented to the Client with preliminary cost estimates at which time comments and changes will be incorporated into the final construction drawings. One site meeting and two client meetings (6 hours maximum)are included in this portion of the contract. C. CONSTRUCTION DOCUMENTATION: 1. IRRIGATION DESIGN:The Consultant shall prepare an Irrigation Plan for the existing park and roads. Drawing shall specify and locate all proposed irrigation elements including heads values and zones and the associated pump controller and specifications. 2. The Consultant shall prepare documents for bidding the irrigation system and assist the Client in review and selection of the successful contractor. Client: Consultant: K:Company InformatioMClient ProposalslCity of Boynton BeacMEzell Hester ParklExhibit A rev1.docx Page 276 of 919 7.C. CONSENT BIDS AND PURCHASES OVER$100,000 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Proposed Resolution No. R20-120-Approve utilizing City of Lake Worth Beach, Florida Bid No. 20-108 with Shrieve Chemical Company to provide 93% Sulfuric Acid on an "as needed" basis, in an estimated annual amount not to exceed $204,264 and authorize the City Manager to sign an Agreement with Shrieve Chemical Company. The City of Lake Worth Beach procurement process satisfied the City's competitive bid requirements. Explanation of Request: Bid Term: October 20, 2020—October , 2021 1 n order to maintain a sufficient supply of 93% Sulfuric Acid on an "as needed" basis, the City's Utilities Department is requesting the City enter into an Agreement with Shrieve Chemical Company to provide 93% Sulfuric Acid. The City of Lake Worth Beach has agreed to allow the City to piggy-back the City of Lake Worth Beach Agreement pursuant to Bid No. 20-108 to provide 93% Sulfuric Acid in the estimated amount not to exceed $204,264.00 annually for a one (1) year term commencing October 20, 2020; with the option to renew for three (3) additional one (1) year renewal periods in accordance the City of Lake Worth Beach agreement with Shrieve Chemical Company. The City was piggybacking the previous City of Lake Worth Beach Contract, I FB No 17-19 with Shrieve Chemical Company , which expired October 16, 2020, and has been very happy with Shrieve's product and service. In lieu of formally competing this requirement, the Utilities Department is seeking consent to piggyback the current City of Lake Worth Beach contract with Shrieve Chemical Company. It is in the City's best interest to piggyback this current contract to ensure the continuity of the product and service with the City's current vendor. How will this affect city programs or services? The City of Boynton Beach West Water Treatment Plant (W W TP) utilizes membrane filtration technology to remove hardness causing minerals from the feed water. At a high pH, these minerals precipitate out of solution to form a hard scale on the surface of the membrane units. This buildup of scale reduces the throughput of the membranes resulting in a loss of plant capacity. Sulfuric Acid Is used to lower the pH of the feed water to prevent this from occurring during the treatment process. The build-up of scale on the membranes will decrease the W W TP production and could potentially damage the membranes. The prevention of this occurrence will protect membrane life and ensure continued good water production and quality for residential and commercial customers. Fiscal Impact: Budgeted Funds have been included in the budget under account 401-2811-536-52-35 Alternatives: Not approve use of piggyback bid. Resolicit the requirement. Strategic Plan: Page 277 of 919 Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? No Grant Amount: Contracts Vendor Name: Shrieve Chemical Company Start Date: 10/20/2020 End Date: 10/20/2021 Contract Value: $204,264 Annual Estimate Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: One (1) year term commencing October 20, 2020; with the option to renew for three (3) additional one (1) year renewal periods in accordance the City of Lake Worth Beach agreement with Shrieve Chemical Company. ATTACHMENTS: Type Description Resolution approving piggy-back of Lake Worth Resolution Beach Bid with Shrieve Chemical for Sulfuric Acid Contract Signed Piggyback Contract Addendum S hrieve_93%—SuIfurn Ic Acid Agreement Addendum RE Sulfuric Acid ® Shrieve Chemical Company ® Permission to Piggyback Page 278 of 919 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING UTILIZING THE 5 CITY OF LAKE WORTH BEACH BID #20-108 WITH 6 SHRIEVE CHEMICAL COMPANY FOR THE 7 PROVISION OF 93% SULFURIC ACID ON AN AS- 8 NEEDED BASIS IN AN ESTIMATED ANNUAL 9 EXPENDITURE NOT TO EXCEED $204,264.00; 10 AUTHORIZING THE CITY MANAGER TO SIGN A 11 CONTRACT WITH SHRIEVE CHEMICAL 12 COMPANY; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, in order to maintain a sufficient supply of 93% Sulfuric Acid on an 16 "as needed" basis, the City's Utilities Department is requesting the City enter into an 17 Agreement with Shrieve Chemical Company to provide 93% Sulfuric Acid; and 18 WHEREAS, City staff has confirmed that the City of Lake Worth has complied 19 with Public Contract Bid requirements which equal or exceed the City of Boynton Beach's 20 requirements; and 21 WHEREAS, the City of Lake Worth Beach has agreed to allow the City to piggy- 22 back the City of Lake Worth Beach Agreement pursuant to Bid No. 20-108 to provide 93% 23 Sulfuric Acid on an as-needed basis in the estimated amount not to exceed $204,264.00 24 annually for a one (1) year term commencing October 20, 2020; with the option to renew 25 for three (3) additional one (1)year renewal periods in accordance the City of Lake Worth 26 Beach agreement with Shrieve Chemical Company; and 27 WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back a 28 City of Lake Worth Beach Bid 420-108 with Shrieve Chemical Company for the provision 29 of 93% sulfuric acid on an as-needed basis in an estimated annual expenditure not to exceed 30 $204,264.00. S:ACA\RESO\Agreements\Piggy-Back(Lake Worth)-Shrieve-Sulfuric Acid(2020)-Reso.docx Page 279 of 919 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 34 as being true and correct and are hereby made a specific part of this Resolution upon 35 adoption. 36 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 37 approves the piggy-back of a City of Lake Worth Beach Bid 420-108 with Shrieve Chemical 38 Company for the provision of 93% Sulfuric Acid on an as-needed basis in an estimated 39 annual expenditure not to exceed $204,264.00. 40 Section 3. The City Manager is hereby authorized to sign a contract with 41 Shrieve Chemical Company, a copy of which is attached hereto as Exhibit"A". 42 Section 4. That this Resolution shall become effective immediately. 43 PASSED AND ADOPTED this day of November, 2020 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 47 Mayor— Steven B. Grant 48 49 Vice-Mayor—Ty Penserga 50 51 Commissioner—Justin Katz 52 53 Commissioner—Woodrow L. Hay 54 55 Commissioner— Christina L. Romelus 56 57 VOTE 58 ATTEST: 59 60 61 Crystal Gibson, MMC 62 City Clerk 63 64 65 (Corporate Seal) S:ACA\RESO\Agreements\Piggy-Back(Lake Worth)-Shrieve-Sulfuric Acid(2020)-Reso.docx Page 280 of 919 AGREEMENT NO. 004-2811-21IRW BETWEEN SHRIEVE CHEMICAL COMPANV & THE CITY OF BOVNTONBEACH FOR PURCHASINC 93% SULFURIC ACID This Agreement is made as of`this 3rd day of November, _20-20 by and between Shrieve Chetnical Company with a principal address of 17'_55 Woodstead Ct.. The Woodlands, YX 77380 and TFT LCH"Y OFBOYNTON BEACI-1, a f'lorida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, [ I_ '3425 (the "City"). RECITALS WHEREAS, in order to maintain a sufficient supply of 9_1( Sulfuric Acid on an I needed" basis. the ("ity's Finance Department is requesting the.le City enter into an Agreement Nvith Shrieve Chemical Company to provide 93% Sulfuric Acid.- and zn WHEREAS. Shrieve Chemical Company has agreed to allow the City to piggy-back the City of Lake Worth Beach Agreement pursuant to Bid No. 20-10 tts provide 93% Sulfuric Acid in the estimated arnount not to exceed $204.264.00 annually lor a one (1) year term commencing October 20. 2020; with the option to rene�,N, for three (3) additional one (1 ) year rcne,�val periods in accordance the attached Exhibit "A"City of Lake Worth Beach agreenient with Shrieve Chemical Company. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and SUffiCiCnCV of which are hereby ac know],edged, the parties agree as l'ollows: AGREEMENT Section I. 'rhe foregoing recitals are true and correct and are hereby incorporated in this Agreement, Section 2. The City and SFIR[EVE C111"MICAl.... COMPANY, agree that Sl,lRlFVF' CHEMICA1, COMPANY shall provide 9.3% St"J"FURIC ACID on an "as needed" basis in the arnount of estimated artiount not to exceed $204.2-64,00 annually based City of Lake Worth Beach Agreement pursuant to Bid No. 20-108 for a one (1) vear term commencing October 20. 2020. pN,ith the option to renew for three (3) additional one (C) year renewal periods, a copy (:d'\,vhich is attached hereto as Exhibit -'A", except as hereinafter provide& A. All references to the City of LaK-e Worth BeachAgrecincnt pursuant to Bid No. 20- 108 shall be deemed as rel"erences to the City ofBoynton Beach. B. All Notices to the City shall be sent to: SHRII'VENGGY14ACK AGR EJAWN1 004-2811-211;RW Page I Page 281 of 919 City: Lor l LaVerriere. Ci1v Manager (,"ity of Boynton fleach P.O. Box 3 1() Boynton Beach. Florida 3342-5 I 1"elephone- (561 ) 742-6010 11 Facsimile: (561 1) 742-6090 Copy a Jarnes A. Cherof. (_'ity Attorney Goren, Cherof. Doody & F"ZrOl, PA. 3099 East Commercial BOLdevard, Suite 200 1"ort Lauderdale- FL 33308 Telephone: (954) 771-450(O Facsimile: (954) 771-4923 C. The following tern-is and conditions are herehv incorporated into the Agreement. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119,07, The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall,- A. Keep and maintain public records required by the CITY to perform the service-, B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided In chapter 119, 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 disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY, and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor`s possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS SIMINF PIGGYBACK A(jRl.[.MI:N'1'004--)811-21,1��k,' Page 282 of 919 RELATING TO TH'IS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561�742-6061 GIBSONC@BBFL.US SCRUTINIZED COMPANIES -- 287,135 AND 215,473 By execution of this Agreement,. Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector 'List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was, made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287,135, Florida Statutes, as amended from time to time, DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both parties. ThisAgreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes, Section 1. In the event that the City ot'L.ake Worth BeachA.,reernent PUT-SUallt to 131d No. 20-108 is aniended, or terminated. SHRIEVE CHEMICAL COM-PANY shall notify the ("IN within ten (10) days. In the event the City of I-ake I Worth Beach Agreement purstia.rit iaa Bid No. 20-108 is amended or terminated prior to its cxpiration, this Contract shall remain in full force �,,tfld effect. and not be deemed amended or terminated- until specifically amended or terminated by the parties hereto. Page 3 SHRIEVI;NOOYFIACK MiRITAWN1 004-2911-21,RW Page 283 of 919 Section 2, T'he insurance required shall require that the Certificate of"Insurance name the City ofBoy cion Beach as ,an additional insured, Section 3. In all other aspects. the terms and conditions of`the City ity of'Lake Worth Beach Agreement purSUant to 131d No. 20-108 are hereby ratified and sh�.,d I remain 111 ailI force and efl'ecl under this Contract, as provided by their terms, DATED this ;2& day of 06 20 CITY OF BOYNTON BEACH SIIRII-,"Vf' (1-JEMICAL C'OMPANY ........ ...... Lori LaVerriere, City Manager Signature of Authorized——Official Printed Name of Authorized�O�� icial Atte st/Authenficated: Title Crystal Gibson, City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney itness P'aL,e 4 SHRII'VI-1 PIGOYBACK AGRITMENT004-28i 1-21fRW Page 284 of 919 EXHIBIT A .AGS REEIMENT BETWEEN CITY OF LAKE WOR'I"I'I BEACH AND SHRIEVE CHEMICAL COMPANY PURSUINTTO Bit) NO. 20-108 SHRIFVF PHRYYBACK flage 5 Page 285 of 919 DocuSign Envelope ID:352BA052-F1DE-4B08-931D-731A8352171F C-2207-A 10/6/20 RM CON-J AGREEMENT FOR GOODS AND SERVICES (93% Sulfuric Acid) THIS AGREEMENT is made 1012012020 " 2020, between the City of Lake Worth Beach, Florida, a municipal corporation, hereinafter the "CITY", with its office located at 7 North Dixie Highway, Lake Worth Beach, Florida 33460, and Shrieve Chemical Company, a corporation authorized to do business in the State of Florida, hereinafter the "CONTRACTOR", with its office located at 1755 Woodstead Ct., The Woodlands, TX 77380. RECITALS WHEREAS, the CITY is a municipal corporation organized and existing pursuant to the Charter and the Constitution of the State of Florida: and WHEREAS,the CITY issued Invitation for Bid#20-108 for the procurement of 93%Sulfuric Acid on an as needed basis (hereinafter"IFB")„ and WHEREAS, CONTRACTOR submitted a bid to provide 93% Sulfuric Acid as described and set out in the IFB, and WHEREAS, the CITY desires to accept the CONTRACTOR's bid (with the CONTRACTOR's bid price attached hereto as Exhibit"A") in order for CONTRACTOR to render the goods and services to the CITY as provided herein; and WHEREAS, the CONTRACTOR further warrants that it is experienced and capable of performing the tasks hereunder in a professional and competent manner; and WHEREAS, the CITY finds awarding the lFB to the CONTRACTOR as described herein serves a valid public purpose, NOW THEREFORE, the CITY hereby engages the services of the CONTRACTOR, and in consideration of the mutual promises herein contained, the sufficiency of which is hereby acknowledged by both parties, the parties agree as follows: 1. TERM 1.1 The term of this Agreement(the"Agreement") shall be for one (1) year, with the option to renew for three (3) additional one (1) year renewals periods upon the mutual agreement of both parties and dependent on the annual appropriation of funds by the CITY's City Commission. The renewal terms may be approved by the City Manager upon the same terms, conditions and pricing, Notwithstanding the foregoingi, this Agreement may be earlier terminated as set forth in this Agreement. 2. SCOPE OF WORK 2.1 The Scope of Work includes supply and delivery of 93%, Sulfuric Acid on an as needed basis as more specifically set forth in the I FB's Scope of Work,which is attached hereto as Exhibit "B". Work shall commence upon the issuance of a Purchase Order by the City. 2,2 The CONTRACTOR represents to the CITY that the materials provided under this Agreement shall be in accordance with accepted and established trade practices and procedures Page I of 16 Page 286 of 919 DocuSign Envelope ID:352BA052-F1DE-4B08-931D-731A8352171F recognized in the CONTRACTOR's trade in general and that the CONTRACTOR's work shall conform to the highest standards and in accordance with this Agreement. 2.3 The CONTRACTOR represents that it is licensed to do business in the State of Florida and holds and will maintain all applicable licenses required for the work to be completed under this Agreement. The CONTRACTOR further warrants its capability and experience to perform the work provided for herein in a professional and competent manner. 2.4 All deliveries of the chemicals shall be made within 48-72 hours of the CITY placing the order with CONTRACTOR. In the event of a natural disaster as determined by the CITY, such as a hurricane, and the CITY places an order, such delivery shall be made on a "first priority" basis. Deliveriesshall only occur between the hours of 7.00 am to 3:00 pm Monday through Friday, 2.5 The Scope of Work shall be completed in accordance with the terms and conditions set forth in the IF B and this Agreement. 3. INDEPENDENT CONTRACTOR; USE OFA TS OR ASSISTANTS 3,11 The CONTRACTOR is and shall be, in the performance of the Scope of Work under this Agreement, an independent contractor, and not an employee, agent, or servant of the CITY. All persons engaged in any of the Scope of Work performed pursuant to this Agreement shall at all times, and in all places, be subject to the CONTRACTOR's sole direction, supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Scope of Work, 12 To the extent reasonably necessary to enable the CONTRACTOR to perform the Scope of Work hereunder, the CONTRACTOR shall be authorized to engage the services of any agents or assistants which it may deem proper, and may further employ, engage, or retain the services of such other persons or corporations to aid or assist in the proper performance of its duties, All costs of the services of, or expenses incurred by, such agents or assistants shall be paid by the CONTRACTOR. 4. MATERIALS 4.1 The CONTRACTOR shall provide all chemicals as more specifically set forth in the IFB. 5. FEE AND ORDERING MECHANISM 5.1 For services to be rendered under this Agreement, the CONTRACTOR shall be entitled to a fee for actual goods provided and accepted by the City at the price set forth in CONTRACTOR'S bid price which is attached as Exhibit "A". 5.2 Should the CITY require additional chemicals, not included in this Agreement, fees and payment for such work will be set forth in a separate amendment, as authorized in accordance with the CITY's procurement code and policy prior to any such additional goods being provided by the CONTRACTOR, 5.3 The CITY's ordering mechanism for the Scope of Work(including each order of chemicals) under this Agreement will be by a City issued Purchase Order(s); however, the terms and conditions stated in a City Purchase Order(s) shall not apply. CONTRACTOR Shall not provide goods under this Agreement without a City Purchase Order specifically for the stated goods. Page 2 of 16 Page 287 of 919 DocuSign Envelope ID:352BA052-F1DE-4B08-931D-731A8352171F CONTRACTOR shall provide the amount of requested goods and price listed in each Purchase Order and not exceed amounts expressed on any Purchase Order. CONTRACTOR shall be liable for any excess goods or costs not specifically stated in the Purchase Order(s). The City's Fiscal Year ends on September 30"1 of each calendar year, The City cannot authorize the purchase of goods or services beyond September 3011 of each calendar year, prior to the annual budget being approved by the City Commission, Additionally, the City must have budgeted appropriate funds for the goods and services in any subsequent Fiscal Year, If the budget is approved for said goods and services, the City will issue a new Purchase Order(s) each Fiscal Year for required and approved goods, 6. MAXIMUM COSTS 6.1 The CONTRACTOR expressly acknowledges and agrees that the total cost to complete the Scope of Work in accordance with the IFS and this Agreement is Forty Three Thousand, Fifty Dollars ($43,050.0,0) per fiscal year, and no additional costs shall be authorized without prior written approval from the CITY, 7. INVOICE 71 The CONTRACTOR shall submit an itemized invoice to the CITY for approval prior to receiving compensation. The CONTRACTOR shall be paid within thirty (30) days of receipt of an approved invoice for work. 7.2 If the CITY disputes any invoice or part of an invoice, CITY shall notify the CONTRACTOR within a reasonable time after receipt of the invoice. CITY reserves the right to off-set, reduce or withhold any payment to the CONTRACTOR until the dispute is resolved. 8. AUDIT BY CITY 8.1 The CONTRACTOR shall permit the CITY, or any authorized representatives of the CITY, at all reasonable times, access to and the right to examine all records, books, papers or documents related to the CONTRACTOR's performance under this Agreement including, but not limited to, expenses for sub-contractors, agents or assistants, direct and indirect charges for work performed and detailed documentation for all such work performed or to be performed under this Agreement. 9. COPIES OF DATA)'DOCUMENTS 91 Copies or original documents prepared by the CONTRACTOR in relation to work associated with this Agreement shall be provided to the CITY. Data collected, stored, and/or provided shall be in a form acceptable to the CITY and agreed upon by the CITY, 10. OWNERSHIP 10.1 Each and every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the CONTRACTOR pursuant to or in connection with this Agreement shall be the exclusive property of the CITY, 111. WRITTEN AUTHORIZATION REQUIRED Page 3 of 16 Page 288 of 919 DocuSign Envelope ID:352BA052-F1DE-4B08-931D-731A8352171F 11,11 The CONTRACTOR shall not make changes in the Scope of Work or perform any additional services or provide any additional material under this Agreement without first obtaining written authorization from the CITY for such additional services or materials, Additional services or materials provided without written authorization shall be done at the CONTRACTOR's sole risk and without payment from the CITY. 12. DEFAULTS, TERMINATION OF AGREEMENT 12.1 If the CONTRACTOR fails to timely perform the Scope of Work or has failed in any other respect to satisfactorily perform in accordance with this Agreement; or, is in material breach of a term or condition of this Agreement, the City Manager or designee may give written notice to the CONTRACTOR specifying defaults to be remedied. Such notice shall set forth the basis for any dissatisfaction and suggest corrective measures. If the CONTRACTOR does not remedy defaults within the allotted time or commence good faith steps to remedy the default to the reasonable satisfaction of the City Manager or designee,the CITY may take such action to remedy the default and all expenses related thereto shall be borne by the CONTRACTOR including, without limitation, utilization of another contractor to provide for such work,. andlor,the CITY may withhold any money due or which may become due to the CONTRACTOR for such expense and/or work related to the claimed default. Alternatively, or in addition to the foregoing, if after three (3) days the CONTRACTOR has not remedied defaults or commenced good faith steps to remedy defaults, to the satisfaction of the City Manager or designee, the CITY may elect to terminate this Agreement. No compensation shall be paid for de-mobilization, take-down, disengagement wind- down, lost profits or other costs incurred due to termination of this Agreement under this paragraph. 12.2 Notwithstanding paragraph 12.1, the CITY reserves the right and may elect to terminate this Agreement at any time, with or without cause. At such time, the CONTRACTOR would be compensated only for that work which has been satisfactorily completed to the date of termination, No compensation shall be paid for de-mobilization, take-down, disengagement wind-down, lost profits or other costs incurred due to termination of this Agreement under this paragraph. 13. INSURANCE 13.1. Prior to commencing the Scope of Work, the CONTRACTOR shall provide certificates evidencing insurance coverage as required hereunder. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The Certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount, and classification as required for strict compliance with this Section and that no material change or cancellation of the insurance shall be effective without thirty (30) days' prior written notice to the CITY. Failure to comply with the foregoing requirements shall not relieve the CONTRACTOR of its liability and obligations under this Contract. All insurance, other than Workers' Compensation, required hereunder shall specifically include the "City of Lake Worth Beach" as an "Additional Insured", on a primary, non-contributing basis and the CONTRACTOR shall provide additional insured endorsements section of Certificates of Insurance. 13.2. The CONTRACTOR shall maintain, during the life of this Contract, commercial general liability, including contractual liability insurance in the amount of $1,000,000 per occurrence ($2,000,000 aggregate) to protect the CONTRACTOR from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under this Contract,whether such operations be by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. Page 4 of 16 Page 289 of 919 DocuSign Envelope ID:352BA052-F1DE-4B08-931D-731A8352171F 13.3. The CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit for bodily injury and property damages liability to protect the CONTRACTOR from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. 13.4, The CONTRACTOR shall maintain, during the life of this Contract, Workers' Compensation Insurance and Employer's Liability Insurance for all employees as required by Florida Statutes. 14. WAIVER OF BREACH 14.1 The waiver by either party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that same or any other provision, 15. INDEMNITY 15.1 The CONTRACTOR shall indemnify, defend and hold harmless, to the maximum extent permitted by law, the CITY and its officers, agents, employees and representatives, from and against any and all liability, suit, actions, proceedings,judgments, claims, losses, liens, damages, injuries (whether in contract or in tort, including personal injury, accidental death, patent infringement or property damage, and regardless, of whether the,allegations are false, fraudulent or groundless), costs and expenses (including attorney's fees, litigation, arbitration, mediation, appeal expenses)to the extent arising out of or alleged to have arisen out of the acts, omissions or neglect of the CONTRACTOR or any of its agents, employees, subcontractors or by anyone the CONTRACTOR directly or indirectly employed, 15.2 The CONTRACTOR's obligation to indemnify, defend and hold harmless shall remain in effect and shall be binding upon the CONTRACTOR whether such injury or damage shall accrue, or may be discovered, before or after termination of this Agreement, 115.3 Compliance with any insurance requirements required elsewhere in this Agreement shall not relieve CONTRACTOR of its liability and obligation to defend, hold harmless and indemnify the CITY as set forth in this section. 15A Nothing contained in this Agreement shall create a contractual I relationship with or a cause of action in favor of a third party against either the CITY or CONTRACTOR- Further, nothing contained in this Agreement shall be construed or interpreted as consent by the CITY to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in section 768,28. Florida Statutes, as amended from time to time. 15.5 The CONTRACTOR's failure to comply with this section's provisions shall constitute a material breach upon which the CITY may immediately terminate or suspend this Agreement, 16. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE 16.1 This Agreement consists of the terms and conditions provided herein-, Exhibit "A", the Contractor's bid price; Exhibit "B", the IF 's Scope of Work and the remainder of the IFF (including all specifications, exhibits and addenda attached thereto or referenced therein). To the extent that there exists a conflict between this Agreement and the remaining documents, the terms, conditions, covenants, and/or provisions of this Agreement shall prevail with the Exhibit Page 5 of 16 Page 290 of 919 DocuSign Envelope ID:352BA052-F1DE-4B08-931D-731A8352171F "B" and the IFB (including all specifications, exhibits and addenda attached thereto) next taking precedence. Wherever possible, the provisions of such documents shall be construed in such a manner as to avoid conflicts between provisions of the various documents. 16.2 This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other Agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. 17ASSIGNMENT 17.1 Nothing under this Agreement shall be construed to give any rights or benefits to any party other than the CITY and the CONTRACTOR. All duties and responsibilities under this Agreement shall be for the sole and exclusive benefit of the CITY and the CONTRACTOR and not for the benefit or any other party. The CONTRACTOR shall not assign any right or interest in this Agreement, and shall not delegate any duty owned, without the CITY's prior written consent. Any attempted assignment or delegation shall be void and totally ineffective for all purposes, and shall constitute a material breach upon which the CITY may immediately terminate or suspend this Agreement. 17.2 In the event the CITY consents to an assignment or delegation, the assignee, delegate, or its legal representative shall agree in writing to personally assume, perform, and be bound by this Agreement's covenants, conditions, obligations and provisions. 181. SUCCESSORS AND ASSIGNS 18A Subject to the provision regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective parties. 19. OF TRIAL BY JURY 19.1 TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. 20. GOVERNING LAW AND, REMEDIES 20.1 The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida. 29.2 No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or rernedy hereunder shall preclude any other or further exercise thereof, 21. TIME IS OF THE ESSENCE 21.1 Time is of the essence in all respects under this Agreement. Page 6 of 16 Page 291 of 919 DocuSign Envelope ID:352BA052-F1DE-4B08-931D-731A8352171F 22. NOTICES 22.1 All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly given on the date when personally delivered to the address indicated below, or on the, third (3rd) business day following deposit, postage prepaid, using certified mail, return receipt requested, in any U.S. postal mailbox or at any U.S, Post Office, or when sent via nationally recognized overnight courier to the address indicated below. Should the CITY or the CONTRACTOR have a change of address, the other party shall immediately be notified in writing of such change, provided, however, that each address for notice must include a street address and not merely a post office box. All notices, demands or requests from the CONTRACTOR to the CITY shall be given to the CITY address as follows: Michael Bornstein, City Manager City of Lake Worth Beach 7 North Dixie Highway Lake Worth Beach, Florida 33460 All notices, demands or requests from the CITY to the CONTRACTOR shall be given to the CONTRACTOR address as follows: Shrieve Chemical Company 1755 Woodstead Ct. The Woodlands, TX 77380 23. SEVERABILITY 231 Should any part, term or provision of this Agreement or any document required herein to be executed be declared invalid, void or unenforceable, all remaining parts, terms and provisions hereof shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. 24. DELAYS AND FORCES OF NATURE 24.1 The CONTRACTOR shall not be considered in default by reason of a delay in timely performance if such delay and failure arises out of causes reasonably beyond the control of the CONTRACTOR or its subcontractors and without their fault or negligence. Upon the CONTRACTOR's request, the CITY shall consider the facts and extent of any such delay and failure to timely perform the work for reason beyond the control of the CONTRACTOR and, if the CONTRACTOR'S delay and failure to timely perform was without it or its subcontractors' fault or negligence, as determined by the CITY in its sole discretion, the time of completion shall be extended for any reasonable time that the CITY, in its sole discretion, may decide: subject to the CITY'S rights to change, terminate, or stop any or all of the work at any tilme. If the CONTRACTOR is delayed at any time in the progress of the work by any act or neglect of the CITY or its employees, or by any other contractor employed by the CITY, or by changes ordered by the CITY or in an unusual delay in transportation, unavoidable casualties, or any causes beyond the CONTRACTOR'S control, or by delay authorized by the CITY pending negotiation or by any cause which the CITY, in its sole discretion, shall decide justifies the delay, then the time of completion shall be extended for any reasonable time the CITY, in its sole discretion, may Page 7'of 16 Page 292 of 919 DocuSign Envelope ID:352BA052-F1DE-4B08-931D-731A8352171F decide. No extension of time shall be made for any delay occurring more than five (5) days before a claim therefore is made in writing to the CITY. In the case of continuing cause of delay, only one (1) claim is necessary. The CONTRACTOR's sole remedy for a delay in completion of the work for any reason will be an extension of time to complete the work and CONTRACTOR Specifically waives any right to seek any monetary damages or losses for a delay in completion of the work, including, but not limited to, waiving any right to seek monetary amounts for lost profits, additional overhead, salaries, lost productivity, efficiency losses, or any other alleged monetary losses which may be allegedly suffered by CONTRACTOR due to a delay in completion of the work. 25. COUNTERPARTS 25,1 This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one and the same document. This Agreement may be executed electronically. 26. LIMITATIONS OF LIABILITY 261 Under no circumstances shall either party be liable to the other for any consequential, incidental, special, punitive, or any other form of indirect or non-compensatory damages. 27. PUBLIC ENTITY CRIMES 27.1 CONTRACTOR acknowledges and agrees that 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 or sub-contractor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287-017, Florida Statues, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. CONTRACTOR will advise the CITY immediately if it becomes aware of any violation of this statute. 28. PREPARATION 28.1 This Agreement shall not be construed more strongly against either party regardless of who was more responsible for its preparation. 29. PALM BEACH COUNTY INSPECTOR GENERAL 291 In accordance with Palm Beach County ordinance number 2011-009, the CONTRACTOR acknowledges that this Agreement may be subject to investigation and/or audit by the Palm Beach County Inspector General. The CONTRACTOR has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. 30. ENFORCEMENT COSTS 30.1 All parties shall be responsible for their own attorneys' fees, court costs and expenses if any legal action or other proceeding is brought for any dispute, disagreement, or issue of Page 8 of 16 Page 293 of 919 DocuSign Envelope ID:352BA052-F1DE-4B08-931D-731A8352171F construction or interpretation arising hereunder whether relating to the Contract's execution, validity, the obligations provided therein, or performance of this Contract, or because of an alleged breach, default or misrepresentation in connection with any provisions of this Contract. 31. PUBLIC RECORDS 311 CONTRACTOR shall comply with Florida's Public Records Laws, Chapter 119, Florida Statutes, and, if it is acting on behalf of the CITY as provided under section 119,011(2), the CONTRACTOR specifically agrees to: (a) Keep and maintain public records required by the CITY to perform the services under this Agreement. (b) Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable tie at a cost that does not exceed the cost provided in this Chapter 119, Florida Statutes, or as otherwise provided by law. (c) Ensure that said public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement, if the CONTRACTOR does not transfer the records to the CITY. (d) Upon the completion of the, Agreement, transfer. at no cost, to the CITY all public records in possession of the CONTRACTOR or keep and maintain public records required by the CITY to, perform the services. If the CONTRACTOR transfers all public records to the CITY upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the Co. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 586-1660, DANDREA@L kKEWORTHBEACHFL.GlOV, OR BY MAIL AT CITY OF LAKE WORTH BEACH, ATTN: H ANDREA, 7 NORTH DIXIE HIGHWAY, LAKE WORTH BEACH, FLORIDA 33460. 32. COPYRIGHTS AND/OR PATENT RIGHTS 32,11 CONTRACTOR warrants that there has been no violation of copyrights and/or patent rights in the manufacturing, producing or selling of the goods, shipped or ordered, as a result of this Agreement and the CONTRACTOR agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. Page 9 of 16 Page 294 of 919 DocuSign Envelope ID:352BA052-F1DE-4B08-931D-731A8352171F 33. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH 33,1 CONTRACTOR certifies that all material, equipment, etc,, contained in this bid meets all OSHA requirements. CONTRACTOR further certifies that, if the material, equipment, etc., delivered is subsequently found to be deficient in any OSHA requirements in effect on date of delivery, all costs necessary to bring the material, equipment, etc. into compliance with the aforementioned requirements shall be borne by the CONTRACTOR, 34. FEDERAL AND STATE TAX 34.1 The CITY is exempt from Federal Tax and State Tax for Tangible Personal Property, The Procurement Official will sign an exemption certificate submitted by the successful Proposer Vendors or contractors doing business with the CITY shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the CITY, nor shall any Vendor/Contractor be authorized to use the CITY's tax Exemption Number in securing such materials, 35. PROTECTION OF PROPERTY 35.1 The CONTRACTOR shall at all times guard against damage or loss to the property of the CITY or of other vendors or contractors and shall be held responsible for replacing or repairing any such loss or damage, The CITY may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the successful CONTRACTOR or its agents. The CONTRACTOR shall be responsible to safeguard all of their property such as tools and equipment while on site. The CITY will not be held responsible for any loss of CONTRACTOR property due to theft or vandalism. 36. DAMAGE TO PERSONS OR PROPERTY 36.1 The responsibility for all damage to person or property arising out of or on account of work done under this Contract shall rest upon the CONTRACTOR, and he/she shall save the CITY and political unit thereof harmless from all claims made on account of such damages. 37. SAFETY: ACCIDENT PREVENTION. 371 In the performance of this Agreement, the CONTRACTOR shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 6,35). The CONTRACTOR shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the CITY, may determine to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 37.2 it is a condition of this Agreement, and shall be made a condition of each subcontract, which the CONTRACTOR enters into pursuant to this Agreement (if authorized), that the CONTRACTOR and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health Page 10 of 116 Page 295 of 919 DocuSign Envelope ID:352BA052-F1DE-4B08-931D-731A8352171F standards(29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U-S-C. 333), 37.3 Pursuant to 29 CFR 1926.3, it is a condition of this Agreement that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act(40 U.&C, 333). 38. IMPLEMENTATION OF CLEAN AIR ACT AND E WATER P,OLUTION CONTROL ACT (Applicable to all federally funded contracts and any subcontracts of $100,000 or more). 38.1 By execution of this Agreement, CONTRACTOR, if applicable, will be deemed to have stipulated as follows:. (a) Any CITY facility or property that is or will be utilized in the performance of this Agreement, unless such contract is exempt under the Clean Air Act, as amended (42 U&C. 1857 et seq., as amended by Pub.L, 91-604 ), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub,L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S, Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15,20. (b) CONTRACTOR agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. (c) CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a CITY facility or property that is or will be utilized for the Agreement is under consideration to be listed on the EPA List of Violating Facilities. 39. SCRUTINIZED COMPANIES 391 CONTRACTOR certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List and are not engaged in the boycott of Israel. Pursuant to section 287.135,, Florida Statutes, the CITY may immediately terminate this Agreement at its sole option if the CONTRACTOR or any of Its subcontractors are found to have submitted a false certification; or if the CONTRACTOR or any of its subcontractors, are placed on the Scrutinized Companies that Boycott Israel List or Is engaged in the boycott of Israel during the term of this Agreement. 39.2 If this Agreement is for one million dollars or more, the CONTRACTOR certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria as identified in Section 287.135, Florida Statutes. Pursuant to Section 287.135, the CITY may immediately terminate this Agreement at its sole option if the CONTRACTOR, or any of its subcontractors are found to have submitted a false certification; or if the CONTRACTOR or any of its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Page 11 of 16 Page 296 of 919 DocuSign Envelope ID:352BA052-F1DE-4B08-931D-731A8352171F Sector List, or are or have been engaged with business operations in Cuba or Syria during the term of this Agreement, 39.3 The CONTRACTOR agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement, 39.4 The CONTRACTOR agrees that the certifications in this section shall be effective and relied upon by the CITY for the term of this Agreement, including any and all renewals, 39.5 The CONTRACTOR agrees that if it or any of its subcontractors'status changes in regards to any certification herein, the CONTRACTOR shall immediately notify the CITY of the same. 39. As provided in Subsection 287.135,(8), Florida Statutes, if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. 40. SURVIVABILITY 40.1 Any provision of this Agreement which is of a continuing nature or imposes an obligation which extends beyond the term of this Agreement shall survive its expiration or earlier termination, REMAINDER OFT I AGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE F )ILLOWS Page 12 of 16 Page 297 of 919 DocuSign Envelope ID:352BA052-F1DE-4B08-931D-731A8352171F IN WITNESS WHEREOF the parties hereto have made and executed this Agreement for Goods and Services (93% Sulfuric Acid) on the day and year first above written, CITY OF LAKE WORTH BEACH, FLORIDA By: Paw I-V16(h Pam Triolo, Mayor ATTEST: P0 R 'k vdo'11.4 By� Deborah M. Andrea, CMC, City Clerks ' APPROVED AS TO FORM AND APPROVED FOR FINANCIAL SUFFICIENCY� LEGAL SUFFICIENCY-. By: e441y Goan By, byw't' kukr Glen J. Torcivia, City Attorney Bruce T. Miller, Financial Services Director CONTRACTOR: SHRIVE CHEMICAL COMPANY By: [Corporate Seal] Print Name-, till Title: flAwl" d A-"'l vt- V STATE OF COUNTY OF :?ot The f-r goin, instrument was acknowledged before me this 2, day of i" 2020. by C Y% 1 who was physically present, as t1qvL,_4,Aj v title), of Shrieve Chemical Company, which is authorized to do business in State of Florida, and who is personally known to me or who has produced the following as identification, Notary Public- m Print Nae: My commiss4jionxptires. LYNDA F,FORD 4F my COMMISSYON#GG 004355 EXpIRS&Oct obw2UO20 ,Me Page 13 of 16 Page 298 of 919 DocuSign Envelope ID:352BA052-F1DE-4B08-931D-731A8352171F Exhibit A CONTRACTORS PRICE BID IFS 420,108 93"Zo SUffUric Amd SCHEDULE OF UNIT PR�CF-'S s 1 m e r'-,t 1 1) q Med mctudes, afl Pnce st�bm Efl 4 cescrptkan Measure- SIGNATURE: Page 14 of 16 Page 299 of 919 DocuSign Envelope ID:352BA052-F1DE-4B08-931D-731A8352171F Exhibit B IFB Scope of Work 1 Delivery Location(s), The City currently requires delivery of 93% Sulfuric Acid at the below address. The selected bidder understands, acknowledges, and agrees that the City may elect to add, remove, or revise delivery locations in the future. Delivery Address: R/O WATER PLANT, 301 COLLEGE STREET, LAKE WORTH BEACH, FL 33460 Contractor shall comply with any and all applicable Federal, State, County, City regulations surrounding delivery and handling requirements. 2Delivery and Order Fulfillment. Delivery shall be successfully completed within 48-72 hours of order placement or as stated by the ordering location. Pertinent and specific delivery details shall be communicated at time of order placement. The contractor shall be responsible for pumping the 93% Sulfuric Acid into the City's storage tank(s) at the delivery site (City-owned property). Additionally, the contractor shall be responsible for supplying all required tools and equipment to safely and efficiently offload the 93% Sulfuric Acid. The contractor shall be solely responsible for all spills resulting from the failure of its, or its subcontractor's, equipment or delivery personnel proper performance of their duties. Contractor's delivery personnel, or contracted courier, shall routinely inspect and observe the offloading operations. Contractor is required that before, during, and after a public emergency, disaster, hurricane,flood, or Act of God that the municipal government, through the City, shall require a "first priority" basis for goods and services. It is vital and imperative that the citizens are protected from any situation that threatens public health and safety. Time of Delivery: Monday through Friday_7M AM to. 3:00 PM; exceptions can be made for emergencies. 1 Quantities, Quantities specified are based on annual estimates. Prices and quantities are to be quoted based on gallons, NOT weight. There shall be no minimum order requirements. Product shall be delivered in thoroughly cleaned tank trucks, The City of Lake Worth Beach reserves the right to order in quantities less than a tanker load (LTL). 4. Delivery & Invoice Documentation, The City requires all shipments be accompanied by a packing list or bill of lading stating, at a minimum, a description of the product and quantity. Shipments shall bear warning labels as specified by USDOT regulations, Invoices shall contain, at a minimum, the applicable City issued Purchase Order number, delivery date, quantity, product description, price, and unique invoice number, Delivery Reports: A certified report from the manufacturer shall be submitted for each Sulfuric Acid delivery to the City of Lake Worth Beach. The report shall contain the following data. Page 15 of 16 Page 300 of 919 DocuSign Envelope ID:352BA052-F1DE-4B08-931D-731A8352171F A. Date & Time of Manufacture B. Percent by weight of: I, Strength in % 2, Iron (ppm) 3. NSF/ANSI Standard 60 Certification 4. Quantity in Gallons 5. Quantity in pounds C. Specific Gravity (Referenced to a temperature) No deliveries will be accepted by the City of Lake Worth Beach unless accompanied by said certified laboratory report for the specific batch of 93% Sulfuric Acid delivered showing the above data and that it conforms to the required specifications. 5. Quality Assurance (QA) & Returned Goods. The successful bidder shall be solely responsible for ensuring that the 93,% Sulfuric Acid is the correct quantity and that it meets all the specifications outlined in the Bid document. Deliveries that do not meet bid and purchase order specifications and requirements, including quality standards, shall be subject to delivery refusal and return to the vendor, at the expense of the vendor. No costs will be incurred by the City, 6. Material Safety Data Sheet(MS,DS) and S212ty Compliance. A current Material Safety Data Sheet (MEDS) must be submitted for each applicable item within seven (7) calendar days of notification of award and with each shipment. The successful bidder shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety and with the standards set forth in the Occupational Safety and Health Act of 1970 (OSHA and its amendments). Page 16 of 16 Page 301 of 919 Wood, Rand From: Valentina Ivan kov-Sustaita <vsustaita@lakeworthbeachfl.gov> Sent: Tuesday, October 20, 2020 3:00 PM To: Wood, Randy Cc: Elliott, Corinne; Frederiksen, Mara;Taylor, Phill; Paterniti,Joseph Jr.; Roberts, Melissa Subject: RE: Sulfuric Acid - Shrieve Chemical Company- Permission to Piggyback Attachments: Shrive_93%_Sulfurnic_Acid Agreement.pdf Follow Up Flag: Follow up Flag Status: Flagged iii Randy, Hope you are well. Attached is the signed agreement for sulfuric.acid.. Please let me know if you need anything else. Valentina Valentina Sustaiti?. Purchasing Manager I Financial Services Department unm States Onsus 2020 t�� ,z,' Lake Worth Beach MIMI i City of Laky Worth Beach North Dixie Highway Laky Worth Beach, FL 33460 Ph, 561-.586-1738 vsustalta, hlbeggUl.gov www,lakeworthbeachfi.gov City Operating Hours Monday Friday 8:00 am -5:00 p "We are LAKE WORTH BEACH. A hometown City that is committed to delivering the highest level of customer service through a commitment to integrity, hard work and a friendly a it de. We strive to exceed the expectations of our citizens, our businesses, our elected officials and our fellow employees." i Page 302 of 919 Want to afro ircf irye s wwj the %Uty of Lake Worth Beach? Register with our solicitation management partner', ` 0 � ' i;�g CITY OF LAKE WORTH BEACH E-MAIL DISCLAIMER: PLEASE NOTE: Florida has a very broad public records lava. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore,be subject to public disclosure. From:Valentina Ivankov-Sustaita Sent: Friday, October 16, 2020 12:03 PM To:'Wood, Randy' <WoodJ@bbfl.us> Cc: Elliott,Corinne<ElliottC@bbfl.us>; Frederiksen, Mara<FrederiksenM@bbfl.us>;Taylor, Phill <TaylorP@bbfl.us>; Paterniti,Joseph Jr. <PaternitiJ@bbfl.us>; Roberts, Melissa<RobertsMe@bbfl.us> Subject: RE:Sulfuric Acid-Shrieve Chemical Company- Permission to Piggyback HI Randy, I am still waiting for the Agreement to be executed and will send it to you the moment I have it back as promised. Have a great weekend. Valentina Valentina Sustaita urrr ire,?, Mani,ger I FinancialServices ms DeprTtme nt I nsus 2020 r City of make Worth Bleach North nixie Highway Lake Worth Beach, PL 33460 Ph. 561-586-1738 utlt ill. e efi Dov gal afWe` City Operating lours Monday Friday 6.00 as 5:00 Ip 2 Page 303 of 919 "We are LAKE WORTH BEACH. A hometown City that is commifted to delivering the highest level of customer service through a commitment to 'integrity, hard work and a friendly a itudeR We strive t exceed the expectations of our citizens, our businesses, Our elected officials and our fellow employees." �snt to do b0sine 5 w0h rhe City of Lake Worth Beach? Register with our solicitation management partner, I y e CITY OF LATE WORTH BEACH E-MAIL DISCLAIMER: PLEASE NOTE: Florida has a very broad public records law, Most written communications to or from local officials regarding city business are public records available to the public and media upon request.Your e-mail communications may therefore be subject to public disclosure. From:Wood, Randy<VloodJr��lbfl, > Sent: Friday, October 16,2020 11:43 AM To:Valentina Ivankov-Sustaita<vsuntait k,® Iake Girth eachfl„.E y> Cc: Elliott, Corinne<Eliiot1b f >, Frederiksen, Mara <FrederiksenMi Fbbfl,us>;Taylor, Phil[<IU1q P bbfl1.us>; Paterniti,Joseph Jr.< at niti .�bbfl,us>; Roberts, Melissa<RobertsMe@bb l u. > Subject: RE:Sulfuric Acid-Shrieve Chemical Company- Permission to Piggyback 11LNtion: This is an external email. Do not click links or open attachments from unknown or unverified sources. Valentina, Thank you for your below 10/09/20 Email response agreeing to allow the City of Boynton Beach to piggyback the City of Lake Worth Beach Agreement for 93%Sulfuric Acid with Shrieve Chemical Company approved at the October 6th City Commission Meeting. Have you received the fully executed copy of the agreement yet? Utilities will need to restock in a couple of weeks and we would like to get it on the next agenda for City Commission approval to piggyback. Randy Wood., CPPB Contract Administrator Financial Services Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 100 E. Ocean Ave. I Boynton Beach, Florida 33435 561-742-6318 WoodJbbfl.us I boynton- each.or / q 0 c 0M a 3 Page 304 of 919 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to diso|osune.UnderF|orida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may besubject to public disclosure. From: Roberts, Melissa Sent:Thursday, October 15, 3O3O13:13PM To:Wood, Randy » Cc: Elliott, Corinne< up: Frederiksen, W1ara >;Tay|or, PhiUp; Paterniti,Joseph Jr. > Subject: RE:Sulfuric Acid-ShheveChemical Company'Permission toPiggyback Importance: High Afternoon Can vweget astatus onthe below. Have you received this information yet? The west plant willed tore-stock within the next two weeks atthe latest. Please let meknow Thank you Melissa Roberts Administrative Assistant Boynton Beach Utilities City of Boynton Beach 1Z4E.Woo|briOhtRd. | Boynton Beach, Florida 33435 t. 561-742-6451 E3 RobertsW1e@bbf|.us http://m/ww.boynton-beach.nrg/ �� _�� U Um�� m America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disc|osure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may besubject topublic disclosure. From:Valentina ivankov-Sustolta > Sent: Friday,October O9, ZO202:35PM To:Wood, Randy > Cc:Guevarez,Juan :; Roberts, Melissa ; Elliott, Codnne<flhottC Z@ »; Frederiksen, Mara« > Sukjem8: RE:Sulfuric Acid -ShrieveChemical Company- Permission toPiggyback Hi Randy 4 Page 305Of919 Hope you are well. CLWB Commission approved the Agreement for 93%Sulfuric Acid to Shrive Company on the October fro meeting.The contract has been routed for signatures and once fully executed I will send you a copy. It can take several days, sometimes a week to receive the fully executed copy as the City's offices remain closed to the public and with staff working rernotely. We are fine if you want to piggy bark on this agreement, I'll keep in touch the mornent I have the agreement back Valentina Valentina Su taa tai. Para°chasfng.Manager I Financial Services Dejoartment insus 2020 -'�' „t "'l � � , each 0,P,;LIA Citi` f Lake Worth Beach North Dixie I ii hw ' Lake Worth Beach, FL 33466 Ph: 661-666-1736 vsusjaftawl e hfl o www.Iakeworthbeflso ClIty OperadingHours Monday— Friday 6m66 — 5:00 prn "We are LAKE TH BEACH. A hometown ClIty that is committed to delivering tate hilghest level of customer service through a commitment to irtte riit k hard work and a friendly atfltude,, We strive to exceed the expectations of our clitizens, our businesses, our elected officlalls and our fellow employees." Want tocinhusiness wigtia the Citi of fake Worthe faRegister wftfi otir solicitation management partner, LF bids& N derb, by Clicking CITY OF LAKE WORTH BEACH E-MAIL DISCLAIMER: FLEAS OTE: Florida has a very broad public records law. Most written communications to or from local officials regarding city bUsines s are public records available to the public and media upon request.your -mall communications may therefore be subject to public disclosure. 5 Page 306 of 919 From:Wood, Randy<,Woo 011 Sent: Friday, October 9,2D2DZ:14PN1 To:Valentina |vankov-SustaKa * Cc:Guevarez,Juan«Gue6arezJ ; Roberts, Melissa >; Elliott, Corinne Frederiksen, Mara Subject:Sulfuric Acid -Shrieve Chemical Company-Permission to Piggyback Importance: High This is an external emaiL Do not click linL or open attachmentsfrom unknown or unverifiedsources. Valentina, Confirming our conversation on 9/23/20 with you (Valentina Sustaita, Lake Worth Purchasing Manager), and my follow- upte|ephonevoicemai| nmeysa0etoday, 1O/04/2O, the purpose of my call is to find out if&when the City of Lake Worth Beach is going to award the bio sulfuric Acid contract. In our 9/23/20 telephone conversation,you said it was being placed on the agenda for approval in October. VVedesire tmpiggyback this agreement. Please Advise. Sincerely, Randy VVood, CPPB Contract Administrator Financial Services Mailing Address: P.O. Box 310 | Boynton Beach, Florida 33425 Physical Address: 1O0E. Ocean Ave. | Boynton Beach, Florida 33435 56I-742'6322 Ea WoodJ@bbf|.us boynton-beach.mrp/ �_�z U U�^|�== = w 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 besubject to public disclosure. Fnmrn: Roberts, Melissa Sent: Friday, October 9,2O2O1O:S1AM To:Wood, Randy Cc: Guevaroz,Juan > Subject:Su|furicAcid Importance: High Please see the attached Commission approval and agreement from the City of Lake Worth. The Bid vxepiggybacked from LVVwill expire 10/17/20. Please reach out toLake Worth for status oonew Bid. Sulfuric Acid iscritical and needed for the Water Treatment. * Page 307Of919 Thank you Melissa Roberts Administrative Assistant Boynton Beach Utilities City of(Boynton lBeach 124 F. Wool ri ht Rd. 9 Boynton Beach, Florilda 33435 1-742.-6451. l obert.aMe@WLus tmttp:://www„Ibo'yriton-beach„or / America's ate to the Gulfstream Please be advised that Florida has a broad public records law and all correspoindence to me aria email may be subiect to diis6losure,Under FlorWa records law, email addresses are public records. Therefore,your o--mail clorn munica'tion and your e-mail'address may he subject to public disclosu.ure. From: i h eUtHity ndFloorr�iad fl us<5i hu Ce( tility Fl rrC+ bfi ru > Sent: Friday,October 09, 202011:51 AM To: Roberts, Melissa < o ertsMeLhJbbfleus> Subject: Message from KM—C458 Page 308 of 919 Page 309 of 919 7.D. CONSENT BIDS AND PURCHASES OVER$100,000 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Approve an increase to the estimated two year expenditure with Kelly Janitorial to $625,000 due to the additional COVID-19 response costs needed this fiscal year. Explanation of Request: On February 5, 2019, Commission approved janitorial services for City Municipal Buildings and Facilities for an estimated two-year amount of $406,203.12, plus $80,000 for additional services for a total of $486,203.12. A blanket purchase order was issued for $259,677 for Fiscal Year 19/20 for the monthly services. Due to the COVID-19 pandemic, additional costs have been incurred for cleaning and disinfecting which has exceeded this Fiscal Year by $70,000. The same type costs are anticipated for the new fiscal year 20/21, therefore, additional funds are also needed to cover the expenses. An increase is requested on the Fiscal Year 19/20 blanket purchase order in the amount of $70,000 to process pending invoices and a total increase of$140,000 for the two-year expenditure. How will this affect city programs or services? The increase will allow the Facilities Division to process the invoices and allocate them to the proper fiscal year budget. It will also provide the additional funds if needed in Fiscal Year 20/21. Fiscal Impact: Budgeted Budgeted funding is in Facilities account#001-2511-519-34-10 Alternatives: Not increasing the expenditure will cause us to have shortages of funds for fiscal year 20/21. Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? No Grant Amount: Contracts Vendor Name: Kelly Janitorial Page 310 of 919 Start Date: End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: ATTACHMENTS: Type Description D Attachment Kelly Janitorial Invoice D Other Kelly Janitorial -Agenda item 04-17-18 Page 311 of 919 O. Box 670577 INVOICE r s, FL 33067 u www.cleanspaceonline.com STEMIl , jgi@deanspaceonline.com 8/31(2020 PWD-14 ACLFANSPACECOMPANY Office. 1-800-499-0116 99-0111 .. Fax. 561-807-241 Id I BUILDING AND FACILMES I PUBLIC WORK DEPARTMENT 222 NE 9TH AVENUE / BOYNTON BEACH,FL 33435 ff1 r e Not 30 9/30/2020 MISC. 31 JANITORIAL SERVICES CITY OF BOYNTON BEACH- 24.00; 744.00 1913 SCHOOLHOUSE E AY-SUNDAY! I !AUGUST is . o,JANITORIAL SERVICES CITY or aoYNToN BEACH- 60.00 D.00 CrTY HALL/MONDAY-FRIDAY!AUGUST CSC. 1 JANITORIAL SERVICES CITY OF BOYNTON BEACH- 7,90x.00 7,900.00 'NEW CITY H MONTHLY FEE:AUGUST MISC. 0 JANITORIAL SER C CITY OF BOYNTON BEACH 17.67 0.00 POLICE DEPARTMENTSUR-STATION/INTERNAL g F ! MONDAY- FRIDAY:AUGUST MISC. 0,JANITO SERVICES CITY OF BOYNTON BEACH 75.00 0.00 LICE f MONDAY-FRIDAY. AUGUST MISC. 0 JANITORIAL SERVICES CITY OF BOYNTON BEACH6 I 0.00 FIRE STATION #3 COMMUNITY ROOMPUBLIC RESTR S/MONDAY-WEDNESDAY-FRIDAY; i ,AUGUST ' misc. 1JANITORIAL SERVICES CITY OF BOYNTONC - 137.25; 2,882.25 FIRE STATION #5 OFFICES&C M UN ROOM/ MONDAY-FRIDAY:AUGUST misc. 0 JANITORIAL SE CIES CITY OF BOYNTON BEACH 25.621 0.00 LIBRARY/MONDAY,TUESDAY,WEDNESDAY, THURSDAY,AND SATURDAY: AUGUST MISC. 9 JANITORIAL SERVICES CITY OF BOYNTONEACH- 35.00 315.00 LIBRARY:ADDITIONAL HIGH RIDGE RD/TUESIDAY AND THURSDAY:AUGUST misc. 0 JANITORIAL SERVICES CITY OF BOYNTON BEACH- 15.00. 0100 POLICE SUBSTATION #21 U DAY- E DAY-FI AY: AUGUST misc. 0 JANITORIAL SERVICES OF BOYNTONS CH- 14.00, 0.00 PISTOL RANGE OFFICES/ MONDAY-WEDNESDAY-FRIDAY:AUGUST MISC. 21 JANITORIAL SERVICES OF BOYNTON BEACH 27.46 576.6 PUBLIC WORK#I/MONDAY-FRIDAY: AUGUST misc. 21 JANITORIAL SERVICES CITY OF BOYNTON BEACH 22.32 447.72 PUBLIC WO 2f MONDAY-FRIDAY: AUGUST Please remit to the above address. Total TG pay by credit/debit r lease II: 1-800-499-011 IF INVOICE IS NOT PAID BY DUE DATE,CLEAN SPACE HOLDS THE RIGHT TO SENT?THE ACCOUNT TO A COLLECTIONS AGENCY. Page 1 Page 312 of 919 P.O. Box 670577 INVOICE Coral Springs, Fl 33067 www.cleanspaceonline-corn12yo ,s 7yi r 7t - t dpi f f" wy Mice: 0-499-0116 /s1/ -i Fax 561-807-2410itV tli{{' I +d �7k2t��i��S4t\ Gt4 {s 3 { ti 4�tY lit ({ 1 1 aly t s �1 Su iris ,pJtotS tilt"'f�(S,,11 I)f) �ti 44t v �t4Y a s IBUILDING AND FACT ES PUBLIC K DEPARTMENT � 222 HE 9TH AVENUE BOYNTON BEACH, FL 33435 0 �>$7z � � �%�\ Not 30 9d30/2020 i I DISC. 21•JANITORIAL SERVICES CITY OF sOY'woN BEACH- 10.98 23005E PUBLIC WORK {MONDAY-FRIDAY:AUGUST ISC. 27.JANITORIAL SERVICES CITY OF BOYNTON BEACH® 23.31 g 629.37 SENIOR LATER/MONDAY-FRIDAY:AUGUST MISC. 27,JANITORIAL SERVICES OF BOYNTON BEACH- 31.05 038.3 WILSON iPAR -SIMS CE MONDAY- SA AY: AUGUST MI C. 27 JANITORIAL E CES CITY OF BOYNTONC 7.48 201.96 i WILSON PARK-DENS POOL BUILDING/MONDAY 1 -SATURDAY.AUGUST I MSc. 21 JANITORIAL R CES CITY OF BOYNTON BEACH- 95.00 1,995.00 BUILDING 510 NW 14 AV.MONDAY-FRIDAY. AUGUST MISC 0 JANITORIAL SERVICES CITY OF BOYNTON BEACH- .100.00 0.00 BUILDING POLICE DEPARTME 1550 MONDAY AND f THURSDAY;AUGUST MISC. I JANITORIAL VICES CITY OF BOYNTON BEACH- 598.00 599.00 MAUSOLEUM 611 S SEACREST BOULEVARD/ MONDAY AND FRIDAY.IU SUPPLIES WINDOWS ONCE OSCRUBBING E FLOORS: AUGUST Please remit r . Total51783 ®I# To y by credit/debitll: 1-800-499-0116 IF INVOICE IS NOT PAIS BY DUE DATE,CLEAN SPACE HOLDS THE RIGHT To SEND THE ACCOUNT TO A COLLECTIONS A NCY Page 2 Page 313 of 919 P.O. Box 670577 yam , Coral Springs, FL 33067 INVOICE fNye www.cleanspaceonline.com ' J INC. ,y ` !g@cfealTspaceanlne.com A ACEOOMPANY � ice: 1-800499-0116 6IS0 2020 D-03 _ Fax: 561-507-2410 MEO „ BUILDING AND FACILITIES PUBLIC WORK DEPARTMENT tr 222 NE 9TH AVENUE BOYNTON BEACH,FL 33435 / r MW1 Not 30 7/3012020 MISC. 30 JANITORIAL SERVICES CITY OF SOYNTON BEACH 24.00 720,00 1913 SCHOOLHOUSE MUSEUM/MONDAY-SUNDAY: 3UNE MISC. 22.JANITORIAL SERVICES CIT`!OF BOYNTON BEACH 60.04 1,320.00 CITY HALL/MONDAY-FRIDAY. JUNE MISC. 22 JANITORIAL.SERVICES CITY OF BOYNTON(BEACH- 17.67 388.74 POLICE DEPARTMENT SUB-STATION/INTERNAL AFFAIRS/ MONDAY-FRIDAY:JUNE MISC. 22•JANITORIAL SERVICES CITY OF BOYNTON BEACH 75.00 1,650.00 POLICE DEPARTMENT/MONDAY-FRIDAY.JUNE MISC. 1 13 JANITORIAL SERVICES CITY OF BOYNTON BEACH- 66.94 870.22 FIRE STATION#3 COMMUNITY ROOM&PUBLIC RESTROOMS/MONDAY-WEDNESDAY-FRIDAY:JUNE MISC. 22 JANITORIAL SERVICES CFIY OF BOYNTON BEACH- 137.25 3,019.50 FIRE STATION #5 OFFICES&COMMUNITY ROOM/ MONDAY-FRIDAY: JUNE MISC. 22.JANITORIAL SERVICIES CITY OF BOYNTON BEACH- 25.62 563.64 LIBRARY/MONDAY,TUESDAY,WEDNESDAY, THURSDAY,AND SATURDAY:JUNE MISC. 9 JANITORIAL SERVICES CITY OF BOYNTON BEACH- 35.DO 315.00 LIBRARY: ADDITIONAL HIGH RIDGE RD/TUESDAY AND THURSDAY:JUNE MISC. 13,JANITORIAL SERVICES CITY OF BOYNTON BEACH- 15.00 195.00 POLICE SUBSTATION#2/ MONDAY-WEDNESDAY-FRIDAY:JUNE MISC. 13,JANITORIAL SERVICES CITY OF BOYNTON BEACH- 14.00' 182.00 PISTOL RANGE OFFICES/ MONDAY-WEDNESDAY-FRIDAY:JUNE miss. 22 JANITORIAL SERVICES CITY OF BOYNTON BEACH- j 27.46 604.12 PUBLIC WORK#1/MONDAY-FRIDAY:JUNE MISC. 22 JANITORIAL SERVICES CITY OF BOYNTON BEACH- 21.32 469.04 PUBLIC WORK"#2/MONDAY-FRIDAY:JUNE MISC, 22-JANITORIAL SERVICES CITY OF BOYNTON BEACH- 10.98 241.56 PUBLIC WORK#3/MONDAY-FRIDAY: JUNE MIsc, 22 JANITORIAL SERVICES CITY OF BOYNTON BEACH- 23.31 512.92 SENIOR CENTER/MONDAY-FRIDAY: JUNE Please remit to the above address. Total To pay by credit/debit card please call: 1-800-499-0116 ext. 4 IF INVOICE IS NOT PAID BY DUE DATE,CLEAN SPACE HOLDS THE RIGHT TO SEND THE ACCOUNT TO A COLLECTIONS AGENCY. Page 1 Page 314 of 919 P.O. Box 670577 INVOICE E Coral Springs, FL 33067 www.deanspaceonline.com lx Wfi.kF,i� � S.JAISIM AL BYBTEMB INC. jg@cleanspaceonline.com 6/30/2020 PWD-03 A COAAPANY� Office: 1-800-499-0116 k Fax: 561-807-2410 - �� r � � `}.st�st \_ , C 11 t\J1 rtV-v, k§(' !{,{}}r( At J{s y s ,� � d� ✓J 5, BUILDING AND FACILITIES PU6LIC WORK DEPARTMENT + F T 222 NE 9TH AVENUE - 'BOYNTON BEACH,FL 33435 'Of VA" )\,t n��?(�l{its��( 0, Net 30 7/30/2020 t;. ,�;i , ntit 4, , \{j ,.,i ,7 ,�t 4Ss•„�-fa,.i vrt si i},� yf.�v�, t\y�i„��\\ it f} {,1'}di tkY,.��t�� „ ,}�<r. �� , fy..:.� - ,..9 x �::. 't 1'� MLSC. 26 JANITORIAL SERVICES CITY OF BOYNTON BEACH- 31.05 807.30 WILSON PARK-SIMS CENTER/MONDAY- SATURDAY:JUNE MISC. 26 JANITORIAL SERVICES CITY OF BOYNTON BEACH 7.48. 194.48 WILSON PARK-DENSON POOL BUILDING/MONDAY -SATURDAY:JUNE MISC. 22 JANITORIAL SERVICES CITY OF BOYNTON BEACH- 95.00, 2,090.00 BUILDING 510 NW 14 AV.MONDAY-FRIDAY:JUNE MISC. 9 JANITORIAL SERVICES CITY OF BOYNTON BEACH- 100.001 900.00 BUILDING POLICE DEPARTMENT 1550 MONDAY AND 'THURSDAY:JUNE MISC. 1 JANITORIAL SERVICES CITY OF BOYNTON BEACH 598.00 598.00 MAUSOLEUM 1611 S SEACREST BOULEVARD/ MONDAY AND FRIDAY.INCLUDES SUPPLIES AND WINDOWS ONCE A MONTH.SCRUBBING TILE FLOORS:JUNE Please remit to the above address. Total $15,641.42 To pay by credit/debit card please tail: 1-800-499-0116 ext. 4 IF INVOICE IS NOT PAID BY DUE DATE,CLEAN SPACE HOLDS THE RIGHT TO SEND THE ACCOUNT TO A COLLECTIONS AGENCY. Page 2 Page 315 of 919 670577 INVOICE Coral Springs, FL 33067 --agol . s r . e , j . . rill jANrTORUXL SYSTEMS I I s i a A PAY i1-800-499-01169/30/2020 PWD-16 Fax: 561-807-241 BUILDING AND FACILITIES l PUBLIC WORK DEPARTMENT 222 NE 9TH AVENUE BOYNTON BEACH, FL 33435 E Net 30 10/30/2020 Evan MISC. 0 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 0.00 0.00 AMPHITHEATER RESTROOMS (KID'S KINGDOM) MONDAY - SUNDAY MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 4.29 128.70 BARTON MEM. PARK RESTROOM BLDG./ MONDAY- SUNDAY: SEPTEMBER MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 34.83 1,044.90 BOAT CLUB PARK CLUBHOUSE BUILDING/ MONDAY-WEDNESDAY-FRIDAY: SEPTEMBER MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 4.58 137.40 BOAT CLUB RESTROOM BULDING/ MONDAY- SUNDAY: SEPTEMBER MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 6.91 207.30 BOAT CLUB RESTROOM BUILDING/ MONDAY- SUNDAY (INCLUDING MID DAY CLEANING): SEPTEMBER MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 6.51 195.30 CONGRESS AVE PARK TENNIS CTR. PRO SHOP& RESTROOMS/ MONDAY- SUNDAY: SEPTEMBER MISC, 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 2.86 85.80 CONGRESS AVE PARK BARRIER FREE RESTROOMS/ MONDAY- SUNDAY: SEPTEMBER MISC. 27 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 37.58 1,014.66 EZELL HESTER PARK COMMUNITY CTR./ MONDAY- SUNDAY: SEPTEMBER MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 3.32 99.60 EZELL HESTER PARK OFFICE&RESTROOMS BULDING BY COURTS/ MONDAY- SUNDAY: SEPTEMBER MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - S.92 177.60 EZELL NESTER PARK CONCESSION/ PRESS BOX BUILDING/ MONDAY- SUNDAY: SEPTEMBER MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 5.81 174.30 GALAXY PARK RESTROOM BUILDING/ MONDAY- SUNDAY: SEPTEMBER Please remit to the above address, Total To pay by credit/debitcard please call: 1-800-499-0116 eXt. 4 IF INVOICE IS NOT PAID BY DUE. DATE, CLEAN SPACE HOLDS THE RIGHT TO SEND THE ACCOUNT TO A COLLECTlIONSAGENCY, Page 1 Page 316 of 919 Box 670577INVOICE Coral www.cleanspaceonline.com ijANrr0R1AL SYSTEMS INC. e. COMPANY i : 1-800-499-01169/30/2020 PWD-16 Fax: 561-807-2410 BUILDING AND FACILITIES PUBLIC WORK DEPARTMENT 222 NE 9TH AVENUE BOYNTON BEACH, 111 33435 Net 30 10/30/2020 MISC. 27 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 28.80 777.60 INTRACOASTAL PARK CLUBHOUSE INCLUDING IST FLOOR BUILDING APRON AND 2ND FLOOR DECK/ MONDAY-SATURDAY: SEPTEMBER MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 10.28 308.40 INTRACOASTAL PARK MAIN PAVILION RESTROOMS/ MONDAY- SUNDAY: SEPTEMBER MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 5.86 175.80 INTRACOASTAL PARK RESTROOMS BUILDING/ MONDAY- SUNDAY: SEPTEMBER MISC. 30 JANITORIAL SERVICES CIN OF BOYNTON BEACH - 1.96 58.80 JAYCEE PARK RESTROOM BUILDING/ MONDAY- SUNDAY: SEPTEMBER MISC. 0 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 3.05 0.00 MANGROVE PARK RESTROOM BUILDING/ MONDAY- SUNDAY: SEPTEMBER MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 6.34 190.20 MEADOWS PARK RESTROOM BUILDING/ MONDAY- SUNDAY: SEPTEMBER MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 6.02 180.60 OCEANFRONT PARK HEADQUARTERS/ MONDAY- SUNDAY: SEPTEMBER MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 4.39 131.70 OCEANFRONT PARK RESTROOM BUILDING (INCLUDING MID DAY CLEANING) MONDAY- SUNDAY: SEPTEMBER MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 4.39 131.70 OCEANFRONT PARK PAVILLION/ CHANGING ROOMS/ MONDAY- SUNDAY: SEPTEMBER MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 3.06 91.80 PALMETTO GREENS PARK RESTROOM BUILDING/ MONDAY- SUNDAY: SEPTEMBER MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 6.56 196.80 PENCE PARK RESTROOM BUILDING/ MONDAY.- SUNDAY: SEPTEMBER Please re it to the above re . Total To Pay by credit/debit carat Please calla 1-800-499-0116 ext. IF INVOICE IS NOT PAID BY DUE DATE, ('-'LEAN SPACE HOLDS THE E.�GHT TO SET THE ACCOUNT TO A COJIS AGENCY, Page 2 Page 317 of 919 670577 INVOICE Coral Springs, FL 33067 www.cleanspaceonline.com jg@cleanspaceonline.com • - A COMPANY is : 1-800-499-01169/30/2020 PWD-16 Fax: 561-807-241 BUILDING AND FACILITIES PUBLIC WORK DEPARTMENT 222 NE 9TH AVENUE BOYNTON BEACH, FL 33435 Net 30 10/30/2020 EMMONS= MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 6.48 194.40 PIONEER CANAL PARK RESTROOM BUILDING/ MONDAY- SUNDAY: SEPTEMBER MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 8.00 240.00 SARA SIM PARK/ MONDAY- SUNDAY: SEPTEMBER MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 18.00 540.00 LITTLE LEAGUE PARK/ MONDAY- SUNDAY: SEPTEMBER Please remit to tea ogre address. Total $6,483.36 TO pay by credit/debit card please gall: 1-800-499-0116 ext. 4 IF INVOICE I$ N01 PAID BY DUE DATE, CLEAN SPACE HOLDS TH R01T TO SEN THE ACCOUNT TO A COLLECTIONSAGENCY, :I' CY, Page 3 Page 318 of 919 7 INVOICE Lml Coral rlrlgs, FL 33067 Lwl www.cleanspaceonline.comr jgC@cleanspaceonline.com COMPANY Y ice: 1-800-499-01169/30/2020 PWD-15 Fax: 561-807-24102 7, EMENNEEMENEEM loo .- BUILDING AND FACILITIES PUBLIC WORK DEPARTMENT 222 NE 9TH AVENUE BOYNTON BEACH, FL 33435 601 0 - 00 Net 30 10/30/2020 • r- ;JIM= MISC. 30 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 24.00 720.00 1913 SCHOOLHOUSE MUSEUM/ MONDAY-SUNDAY: SEPTEMBER MISC. 0 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 60.00 0.00 CITY HALL/ MONDAY- FRIDAY: SEPTEMBER MISC. 1 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 7,900.00 7,900.00 NEW CITY HALL: MONTHLY FEE: SEPTEMBER MISC. 0 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 17.67 0.00 POLICE DEPARTMENT SUB-STATION/ INTERNAL AFFAIRS/ MONDAY- FRIDAY: SEPTEMBER MISC. 0 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 75.00 0.00 POLICE DEPARTMENT/ MONDAY- FRIDAY: SEPTEMBER MISC. 0 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 66.94 0.00 FIRE STATION #3 COMMUNITY ROOM &PUBLIC RESTROO / MONDAY-WEDNESDAY-FRIDAY: SEPTEMBER MISC. 21 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 137.25 2,882.25 FIRE STATION #5 OFFICES &COMMUNITY ROOM/ MONDAY- FRIDAY: SEPTEMBER MISC. 0 JANITORIAL SERVICIES CITY OF BOYNTON BEACH - 25.62 0.00 LIBRARY/ MONDAY,TUESDAY, WEDNESDAY, THURSDAY,AND SATURDAY: SEPTEMBER MISC. 0 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 35.00 0.00 LIBRARY: ADDITIONAL HIGH RIDGE RD/TUESDAY AND THURSDAY: SEPTEMBER MISC. 0 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 15.00 0.00 POLICE SUBSTATION 2/ MONDAY-WEDNESDAY-FRIDAY: SEPTEMBER MISC. 0 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 14.00 0.00 PISTOL RANGE OFFICES/ MONDAY-WEDNESDAY-FRIDAY: SEPTEMBER MISC. 21 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 27.46 576.66 PUBLIC WORK #1/ MONDAY- FRIDAY: SEPTEMBER MISC. 21 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 21.32 447.72 PUBLIC WORK #2/ MONDAY- FRIDAY: SEPTEMBER Please remit ti the aboveaddress. Total To payy credit/debit card pleasecall: 1-800-499-0116 IF INVOlIC:E IS NOT P lID BY DUE DATE, CLEAN SPACE HOLDS THE RlIGHT TO SEND THE .CCICOUNT TO A COL.LECMN S AGENCY, C: , Page 1 Page 319 of 919 P.O. Box 670577 INVOICE L '4y Coral Springs, FL 33067 www.cleanspaceonline.come . INC. cl c i .c COMPANY IC 1-800-499-01169/30/2020 PWD-15 - p 807-2410 BUILDING AND FACILITIES PUBLIC WORK DEPARTMENT 222 NE 9TH AVENUE BOYNTON BEACH, FL 33435 Net 30 10/30/2020 jill • r- MISC. 21 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 10.98 230.58 PUBLIC WORK #3/ MONDAY- FRIDAY: SEPTEMBER MISC. 27 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 23.31 529.37 SENIOR CENTER/ MONDAY- FRIDAY: SEPTEMBER MISC. 27 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 31.05 838.35 WILSON PARK- SIMS CENTER/ MONDAY- SATURDAY: SEPTEMBER MISC. 27 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 7.48 201.96 WILSON PARK- DENSON POOL BUILDING/ MONDAY - SATURDAY: SEPTEMBER MISC. 21 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 95.00' 1,995.00 BUILDING 510 NW 14 AV. MONDAY- FRIDAY: SEPTEMBER MISC. 0 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 100.00 0.00 BUILDING POLICE DEPARTMENT 1550 MONDAY AND THURSDAY: SEPTEMBER MISC. 1 JANITORIAL SERVICES CITY OF BOYNTON BEACH - 598.00 598.00 MAUSOLEUM 1611 S SEACREST BOULEVARD/ MONDAY AND FRIDAY. INCLUDES SUPPLIES AND WINDOWS ONCE A MONTH. SCRUBBING TILE FLOORS: SEPTEMBER Please remit to the above address. Total $17,019.89 To pay by credit/debit card please call: 1-800-499-0116 ea IF INVO� CE IS NOT PAID BY DUE DATE, LEA SPACE. HOLDS THE RIGHT TO SEND THE ACCOUNT TO A COLLECTIONS AGENCY. Page 2 Page 320 of 919 P.O. Box 670577 INVOICE Coral i wwvv.cleanspaceonline.com jg@cleanspaceonline.com COMPANY Office.- 1-800-499-01169/30/2020 PBW-05 Fax: 561-807-2410 SPECIAL SERVICES PUBLIC WORK DEPARTMENT 222 NE 9TH AVENUE t MIN lm,limm= Net 30 10/30/2020 EIMEN MISC. I JANITORIAL SPECIAL SERVICES DAY PORTER AT 18.00 18.00 SENIOR CENTER SCHEDULE FROM 9:00 AM TO 10:00 AM - MAYERLIN GARCIA (1 HOUR) 8/18 MISC. 1 JANITORIAL SPECIAL SERVICES DAY PORTER AT 18.00 18.00 SENIOR CENTER SCHEDULE FROM 12:00 PM TO 1:00 PM - MAYERLIN GARCIA (1 HOUR) 8/19 MISC. 1 JANITORIAL SPECIAL SERVICES DAY PORTER AT 18.00 18.00 SENIOR CENTER SCHEDULE FROM 12:00 PM TO 8:00 PM - MAYERLIN GARCIA (1 HOUR) 8/20 MISC. 1 JANITORIAL SPECIAL SERVICES DAY PORTER AT 18.00 18.00 SENIOR CENTER SCHEDULE FROM 12:00 PM TO 1:00 PM - MAYERLIN GARCIA (1 HOUR) 8/22 MISC. 1 JANITORIAL SPECIAL SERVICES DAY PORTER AT 18.00 18.00 SENIOR CENTER SCHEDULE FROM 9:00 AM TO 10:00 AM - MAYERLIN GARCIA (1 HOUR) 8/22 MISC. 1 JANITORIAL SPECIAL SERVICES DAY PORTER AT 18.00 18.00 SENIOR CENTER SCHEDULE FROM 5:00 PM TO 6:00 PM - MAYERLIN GARCIA(1 HOUR) 8/26 MISC. 1 JANITORIAL SPECIAL SERVICES DAY PORTER AT 18.00 18.00 SENIOR CENTER SCHEDULE FROM 9:00 AM TO 10:00 AM - MAYERLIN GARCIA (1 HOUR) 8/29 MISC. 1 JANITORIAL SPECIAL SERVICES DAY PORTER AT 18.00 18.00 SENIOR CENTER SCHEDULE FROM 12:00 PM TO 1:00 PM - MAYERLIN GARCIA (1 HOUR) 8/29 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - EDNA PAXTOR (8 HOURS) 9/1 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - DEMALEIS ARZUAGA (8 HOURS) 9/1 MISC. 2 JANITORIAL SPECIAL SERVICES DISINFECTION AT 18.00 36.00 FIRE DEPARTMENT 5 SCHEDULE FROM 9:00 PM TO 11:00 PM -JAVIER NOA (2 HOURS) 9/1 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - EDNA PAXTOR (8 HOURS) 9/2 Please remit to theabove address. Total To pay by credit/debit card pleasecall: 1-800-499-0116 ext. �F INVOICE IS NOT PASO 8Y DUE DTE, CLEAN SPACE HOLDS THE RIIGHT TO SEDC THE ACCOU T T COLLECMNS AGENCY, Page 1 Page 321 of 919 P.O. Box 670577 INVOICE L==*S Joe Coral Springs, Fl- 33067 www.cleanspaceonline.com INC. e ` SYSTEMSi : 1-800-499-0116 9/30/zozo PBw-as COMPANY X: 561-807-24 IN INS SPECIAL SERVICES PUBLIC WORK DEPARTMENT 222 NE 9TH AVENUE Net 30 10/30/2020 JIM=s r- MISC. 8'JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - DEMALEIS ARZUAGA(8 HOURS) 9/2 MISC. 1 JANITORIAL SPECIAL SERVICES DAY PORTER AT 18.00 18.00 SENIOR CENTER SCHEDULE FROM 7:00 PM TO 8:00 PM - MAYERLIN GARCIA (1 HOUR) 9/2 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - EDNA PAXTOR (8 HOURS) 9/3 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - DEMALEIS ARZUAGA (8 HOURS) 9/3 MISC. 2 JANITORIAL SPECIAL SERVICES DISINFECTION AT 18.00 36.00 FIRE DEPARTMENT 5 SCHEDULE FROM 9:00 PM TO 11:00 PM -JAVIER NOA (2 HOURS) 9/3 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - EDNA PAXTOR(8 HOURS) 9/4 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - DEMALEIS ARZUAGA(8 HOURS) 9/4 MISC. I JANITORIAL SPECIAL SERVICES DAY PORTER AT 18.00 18.00 SENIOR CENTER SCHEDULE FROM 9:00 AM TO 10:00 AM - MAYERLIN GARCIA (1 HOUR) 9/5 MISC. 1 JANITORIAL SPECIAL SERVICES DAY PORTER AT 18.00 18.00 SENIOR CENTER SCHEDULE FROM 12:00 PM TO 1:00 PM - MAYERLIN GARCIA (1 HOUR) 9/5 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - EDNA PAXTOR (8 HOURS) 9/7 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - DEMALEIS ARZUAGA (8 HOURS) 9/7 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - EDNA PAXTOR (8 HOURS) 9/8 Please r i the above address. Total To pay by credit/debitcard please call: 1-800-499-0116 e IF INVON E 6 NOT PAID BY DUE DATE, CLEAN SPACE HOLDS THE RIGHT TO SEND THE ACCOUNT TO A COLLECTIONS AGENCY. Page 2 Page 322 of 919 670577 INVOICE Coral l nwww.cleanspaceonline.corn JANFT0RV6JL SYSTEMS I • l C li . COMPANY Office: 1-800-499-01169/30/2020 PBW-05 A ClEANSPACE 6 561-807-241 SPECIAL SERVICES PUBLIC WORK DEPARTMENT 222 NE 9TH AVENUE Net 30 10/30/2020 IN MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - DEMALEIS ARZUAGA(8 HOURS) 9/8 MISC, 2 JANITORIAL SPECIAL SERVICES DISINFECTION AT 18.00 36.00 FIRE DEPARTMENT 5 SCHEDULE FROM 9:00 PM TO 11:00 PM -JAVIER NOA (2 HOURS) 9/8 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - EDNA PAXTOR (8 HOURS) 9/9 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - DEMALEIS ARZUAGA (8 HOURS) 9/9 MISC. 1 JANITORIAL SPECIAL SERVICES DAY PORTER AT 18.00 18.00 SENIOR CENTER SCHEDULE FROM 7:00 PM TO 8:00 PM - MAYERLIN GARCIA (1 HOUR) 9/9 MISC. 3 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 54.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 11:30 PM - ANA RAMOS (3 HOURS) 9/9 MISC. 3 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 54.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 11:30 PM - PAULA RAMOS (3 HOURS) 9/9 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - EDNA PAXTOR (8 HOURS) 9/10 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - DEMALEIS ARZUAGA (8 HOURS) 9/10 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 PM - ANA RAMOS (2 HOURS) 9/10 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 PM - PAULA RAMOS (2 HOURS) 9/10 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - EDNA PAXTOR(8 HOURS) 9/11 Please remit to theabove address. Total To Pay by credit/debit card please call. 1-800-499-0116 ext. IF �I'•IVME IS NOT P .0 BY DUE DATE, CLEAN PACE HOLDS THE. M HT TO SEND THE ACCOUNT TO A COLLEc-flONS AGENCY. Page 3. Page 323 of 919 P.O. Box 670577 INVOICE i --d0p- L. Coral Springs, I'L 33067 .cd lin . INC.,. jg@cleanspaceonline.com Office: 9/3a/zozo PBW-05 X: 561-807-2410 SPECIAL SERVICES PUBLIC WORK DEPARTMENT 222 NE 9TH AVENUE • • ® •e Net 30 10/30/2020 SEEN= ISBN ®a 0=1111111111 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - DEMALEIS ARZUAGA (8 HOURS) 9/11 MISC. 2 JANITORIAL SPECIAL SERVICES DISINFECTION AT 18.00 36.00 FIRE DEPARTMENT 5 SCHEDULE FROM 9:00 PM TO 11:00 PM - JAVIER NOA (2 HOURS) 9/11 MISC. 3 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 54.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 11:30 PM - ANA RAMOS (3 HOURS) 9/11 MISC. 3 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00` 54.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 11:30 PM - PAULA RAMOS (3 HOURS) 9/11 MISC. 1 JANITORIAL SPECIAL SERVICES DAY PORTER AT 18.00 18.00 SENIOR CENTER SCHEDULE FROM 9:00 AM TO 10:00 AM - MAYERLIN GARCIA (1 HOUR) 9/12 MISC. 1 JANITORIAL SPECIAL SERVICES DAY PORTER AT 18.00 18.00 SENIOR CENTER SCHEDULE FROM 12:00 PM TO 1:00 PM - MAYERLIN GARCIA (1 HOUR) 9/12 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - EDNA PAXTOR (8 HOURS) 9/14 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - DEMALEIS ARZUAGA (8 HOURS) 9/14 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 PM -ANA RAMOS (2 HOURS) 9/14 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 PM - PAULA RAMOS (2 HOURS) 9/14 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - EDNA PAXTOR (8 HOURS) 9/15 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CIN HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - DEMALEIS ARZUAGA (8 HOURS) 9/15 Please remit to the above address. Total To Pad by credit/debit card please call: 1-800-499-0116 e IF INVOICE IS NOT PAID BY DUE DATE, CLEAN SPACE HOLDS THE RIGHT TO SEND THE ACCOUNT TO A COLLECFIONS AGENCY. Page 4 Page 324 of 919 P.O. Box 670577 INVOICE Coral Springs, MOP-- L . I li . -- INC.JANITORLAL SYSTEMS I i . A Y Office: 1-800-499-01169/3o/zo2a PBw-os 561-807-24,10 SPECIAL SERVICES PUBLIC WORK DEPARTMENT 222 NE 9TH AVENUE Net 30 10/30/2020 MISC. 2 JANITORIAL SPECIAL SERVICES DISINFECTION AT 18.00 36.00 FIRE DEPARTMENT 5 SCHEDULE FROM 9:00 PM TO 11:00 PM -JAVIER NOA(2 HOURS) 9/15 MISC. 4 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 72.00 AT CULTURAL CENTER SCHEDULE FROM 8:00 PM TO 12:00 AM -ANA RAMOS (4 HOURS) 9/15 MISC. 4 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 72.00 AT CULTURAL CENTER SCHEDULE FROM 8:00 PM TO 12:00 AM - PAULA RAMOS (4 HOURS) 9/15 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00; 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - EDNA PAXTOR (8 HOURS) 9/16 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - DEMALEIS ARZUAGA (8 HOURS) 9/16 MISC. 4 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 72.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 12:30 AM -ANA RAMOS (4 HOURS) 9/16 MISC. 4 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 72.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 12:30 AM - PAULA RAMOS (4 HOURS) 9/16 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - EDNA PAXTOR (8 HOURS) 9/17 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - DEMALEIS ARZUAGA (8 HOURS) 9/17 MISC. 5 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 90.00 AT CULTURAL CENTER SCHEDULE FROM 6:30 PM TO 11:30 PM -ANA RAMOS (5 HOURS) 9/17 MISC. 5 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 90.00 AT CULTURAL CENTER SCHEDULE FROM 6:30 PM TO 11:30 PM - PAULA RAMOS (5 HOURS) 9/17 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - EDNA PAXTOR (8 HOURS) 9/18 Please remit to the above address. To pay by credit/debit card please call: 1-800-499-0116 ext. 4 IF �NVO E �S NOT PAS D BY DUE DATE, CLEAN SPACE HOLDS THE RIGHT TCS SEND THE. ACCOUNT TO A C OLLECnTKC N S AGENCY, Page 5 Page 325 of 919 Box 670577 INVOICE P.O. j<-,&o— I" Coral Springs, - - www.cleanspaceonline.com JANIMIRLAL. SYSTEMS INC. J c s a r . COMPANY Office: 9/30/2020 PBW-05 Fax: 561-807-2410 SPECIAL SERVICES PUBLIC WORK DEPARTMENT 222 NE 9TH AVENUE Net 30 10/30/2020 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - DEMALEIS ARZUAGA (8 HOURS) 9/18 MISC. 2 JANITORIAL SPECIAL SERVICES DISINFECTION AT 18.00 36.00 FIRE DEPARTMENT 5 SCHEDULE FROM 9:00 PM TO 11:00 PM -JAVIER NOA(2 HOURS) 9/18 MISC. 3 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 54.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 11:30 PM -ANA RAMOS (3 HOURS) 9/18 MISC. 3 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 54.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 11:30 PM - PAULA RAMOS (3 HOURS) 9/18 MISC. 3 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 54.00 AT CULTURAL CENTER SCHEDULE FROM 1:30 PM TO 4:30 PM -ANA RAMOS (3 HOURS) 9/19 MISC. 3 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 54.00 AT CULTURAL CENTER SCHEDULE FROM 1:30 PM TO 4:30 PM - PAULA RAMOS (3 HOURS) 9/19 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - EDNA PAXTOR (8 HOURS) 9/21 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - DEMALEIS ARZUAGA (8 HOURS) 9/21 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 PM - ANA RAMOS (2 HOURS) 9/21 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 PM - PAULA RAMOS (2 HOURS) 9/21 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - EDNA PAXTOR (8 HOURS) 9/22 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - DEMALEIS ARZUAGA (8 HOURS) 9/22 Please remit to the above address. Total To Pay by credit/debit credit/debitcard please call: 1-800-499-0116 eyt. IF MV 01 E IS NO PMD BY DUE. LATE, CLEAN SPACE HOLDS THE. RIGHT TO SEND THE ACCOUNT T A COLLECTIONS AGENCY. Page 6 Page 326 of 919 P.O. Box 670577 INVOICE Coral Springs, www.cleanspaceonline.com .. jANrrORLAJL SYSTEMSI ll COMPANY IC 9/30/2020 PBW-05 Fax: 561-807-241 I i SPECIAL SERVICES PUBLIC WORK DEPARTMENT 222 NE 9TH AVENUE Net 30 10/30/2020 IN I IN MISC. 2 JANITORIAL SPECIAL SERVICES DISINFECTION AT 18.00 36.00 FIRE DEPARTMENT 5 SCHEDULE FROM 9:00 PM TO 11.00 PM -JAVIER NOA (2 HOURS) 9/22 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 PM -ANA RAMOS (2 HOURS) 9/22 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 P - PAULA RAMOS (2 HOURS) 9/22 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 P - EDNA PAXTOR (8 HOURS) 9/23 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 P - DEMALEIS ARZUAGA (8 HOURS) 9/23 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 P - ANA RAMOS (2 HOURS) 9/23 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 PM - PAULA RAMOS (2 HOURS) 9/23 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - EDNA PAXTOR (8 HOURS) 9/24 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - DEMALEIS ARZUAGA(8 HOURS) 9/24 MISC. 2 JANITORIAL SPECIAL SERVICES DISINFECTION AT 18.00 36.00 FIRE DEPARTMENT 5 SCHEDULE FROM 9:00 PM TO 11:00 PM -JAVIER NOA (2 HOURS) 9/24 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 PM -ANA RAMOS (2 HOURS) 9/24 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 P - PAULA RAMOS (2 HOURS) 9/24 Please re it to the above address, To pay by credit/debitcredit/debit card please call: 1-800-499-0116 ext. IF I VOA CE IS NOT PAID BY DUE DATE:, CLEAN SPACE HOLDS THE RIGHT TO SEND THE ACCOUNT TO A.COLLECTRDNS AGENCY. Page 7 Page 327 of 919 P.O. Box 670577 INVOICE Coral Springs, FL 33067 wVVm.cleanspaceonfinecorn _ . jg0cleanspaceonlinill COMPANY : 1-800-499-01169/30/2020 P$W-05 Fax: 561-807-2410 SPECIAL SERVICES PUBLIC WORK DEPARTMENT 222 NE 9TH AVENUE Net 30 10/30/2020 IN MISC. 0 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 0.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - EDNA PAXTOR (8 HOURS) 9/25 MI5C. 0 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 0.00 CITY HALL SCHEDULE FROM 7.00 AM TO 4:00 P - DEMALEIS ARZUAGA (8 HOURS) 9/25 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 P - ANA RAMOS (2 HOURS) 9/25 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 PM - PAULA RAMOS (2 HOURS) 9/25 MISC, 3 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 54.00 AT CULTURAL CENTER SCHEDULE FROM 1:30 PM TO 4:30 P -ANA RAMOS (3 HOURS) 9/26 MISC. 3 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 54.00 AT CULTURAL CENTER SCHEDULE FROM 1:30 PM TO 4:30 P - PAULA RAMOS (3 HOURS) 9/26 MISC. 4 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 60.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 P - DEMALEIS ARZUAGA (8 HOURS) 9/28 MISC. 4 JANITORIAL SPECIAL SERVICES DAY PORTER AT 18.00 72.00 POLICE DEPARTMENT FROM 8:00 AM TO 12:30 PM - (4 HOURS) 9/28 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 PM - ANA RAMOS (2 HOURS) 9/28 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 P - PAULA RAMOS (2 HOURS) 9/28 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 P - DEALEIS ARZUAGA (8 HOURS) 9/29 MISC. 4 JANITORIAL SPECIAL SERVICES DAY PORTER AT 18.00 72.00 POLICE DEPARTMENT FROM 8:00 AM TO 12:30 P - (4 HOURS) 9/29 Please remit to the aboveaddress. Total To pay by credit/debit card pleasecall; 1-800-499-0116 ext. 4 IF INVOICE IS NOT PAID BY DUE DATE, CLEAN SPACE HOLDS THERIGHT TO SEND THE ACCOUNT TO A 'OLLECTIO=°�S AGENCY. Page 8 Page 328 of 919 P.O. Box 670577 INVOICE j<--.Ov-- L Coral Springs, FL 33067 www.cleanspaceonline.com W d • jANrTORLA.L SYSTEMSINC. jg@cleanspaceonline.com COMPANY i 9/3a/zaza PBw-os x. 561-807-2410 NMI I SPECIAL SERVICES PUBLIC WORK DEPARTMENT 222 NE 9TH AVENUE Net 30 10/30/2020 NMI, SEMI, MISC. 2 JANITORIAL SPECIAL SERVICES DISINFECTION AT 18.00 36.00 FIRE DEPARTMENT 5 SCHEDULE FROM 9:00 PM TO 11:00 PM -JAVIER NOA (2 HOURS) 9/29 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 PM - ANA RAMOS (2 HOURS) 9/29 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 PM - PAULA RAMOS (2 HOURS) 9/29 MISC. 8 JANITORIAL SPECIAL SERVICES DAY PORTER AT 15.00 120.00 CITY HALL SCHEDULE FROM 7:00 AM TO 4:00 PM - DEMALEIS ARZUAGA (8 HOURS) 9/30 MISC. 4 JANITORIAL SPECIAL SERVICES DAY PORTER AT 18.00 72.00 POLICE DEPARTMENT FROM 8:00 AM TO 12:30 PM - (4 HOURS) 9/30 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 PM - ANA RAMOS (2 HOURS) 9/30 MISC. 2 JANITORIAL SPECIAL SERVICES DAY PORTER HELP 18.00 36.00 AT CULTURAL CENTER SCHEDULE FROM 8:30 PM TO 10:30 PM - PAULA RAMOS (2 HOURS) 9/30 MISC. 1 JANITORIAL SPECIAL SERVICES - DAY PORTER AT 3,215.32 3,215.32 CITY HALL SCHEDULE CONSUMABLE SUPPLIES SEPTEMBER MISC. 1 JANITORIAL SPECIAL SERVICES - DAY PORTER AT 1,629.74 1,629.74 CULTURAL CENTER SCHEDULE CONSUMABLE SUPPLIES SEPTEMBER Please remit tot e above address. Total $11,985 OCA To pay by credit/debit card please call: 1-800-499-0116 e IF INVOICE ISI T PAID BY DUE DATE, CLEAN SPACE HOLDS THE MIGHT Tn SE D THE.ACCOUNT TO A,COLLECTIONS AGENCY. Page 9 Page 329 of 919 Coversheet Page 1 of 2 7.A BIDS AND PURCHASES OVER$100,000 2!512019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOIA COMMISSION MEETING DATE: 215/2019 REQUESTED ACTION BY COMMISSION: Awad Bid No.010-2511-19AT to the lowest responsive and responsible bidder,Kelly Janitorial Systems,Ino,of Doral,Florida for Jankorial Services forCr7y Municipal Bu ffiings and Fames in the estimated t Kwjear arrmntof$406 03.12 pins$80,000 for addgorW services that may be mquoed for a WWesgrr l twn-year amount of 9488,203.12. Issuance of p<rolha a ori is contingerd upon moW and approval of insurance and applicable payment and performance guarantys and blerkat Waliily band The bid allows for three(3),one year renewrats contingent upon mutt approval and determination that renewal sin the CW$beat interest EXPLANATION OF REQUEST: Initial Bid Period: March 1,2019-February 28,2021 The purpose of this bid Is to provide janitorial services for various municipal buildings and facilities. The City of Boynton Beach has utilized Image Janitorial Services(Image)for the purpose of providing high level custodial services to City municipal buildings and facilities since 2013.The original bid was expected to expire on December 1,2818. In order to have a replacement contract in place prior to the expiration of the original bad,on October 11,2018,the City advertised a new bid for these servos.On November 1,2018,the City opened and evaluated five(5)bids.During the evaluation of the bids submitted,PurchaMnhg became aware of formatting errors and ambiguities in the electronic price sheet and,determined that in the interest of fairness to all biddars,it would be in the City's best interest to reject all bids submitted,revise the bid sheet and resolicit the bid.Per the City's request,Image agreed to extend the prices,terms and conditions of their bid for a period not to exceed six months so that staff may resolicit and award a replacement bid.At the meeting of November 20, 2018,City Commission approved this interim bid. On December B,2018,the City advertised Bid No.010-2511-1 SAT for Janitorial Services for City Municipal Buildings and Facilities(Re-Bid)and on January 8,21119, Purchasing Services opened a total of nine(9)submittals to this Bid.The low bid submitted by Kelly Janitorial Systems, Inc.was determined to be responsive and responsible to the bid requirements.City staff havb verified references and have conducted a site visit with the low bidder and concur with the recommendation for award. City staff will work closely with the incumbent and with Kelly Janitorial to ensure a smooth transition and a continuity of services. HOW WILL THIS AFFECT CITY PROGRAMS DR SERVICES? The purpose of this bid is to secure the best, most economical janhotial services vendor to clean all City facilities excluding the Golf Course and Utiftties,The Goff Course and Utilities administer separate contracts forthese services. FISCAL IMPACT: Budgeted Funding has been budgeted in Facilites Management Account No.001-211-519-34.10 and Museum Account No_001-2612-571.34.10 for FY 1912D. Previous Years Expenditures: FY 18119-$42,347.00 as of January 22,2019 FY 17118-$268,000.00 FY 18117-$230,D47.00 ALTERNATIVES: Reject all bide received.Resolicit the requirement.Require staff to perform these services inn-house. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No G renit Amount: https.//boyntonbeach.novuWenda.Com/AgendaPublic/Coversheet.aspx?ltemID=5321&Me... Page 33U of 919 8.A. PUBLIC HEARING 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Proposed Ordinance No. 20-034 - First Reading - Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi-family residential units and 12,422 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission Meeting.) Explanation of Request: Legacy at Boynton Beach will occupy 2.76 acres in the CRA's Downtown District. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels classified Mixed-Use High (MXH), and zoned CBD, Central Business District. The applicant has requested to rezone the parcels to Mixed Use-Core (MU-C), a zoning designation corresponding to the MXH classification and carrying that classification's maximum density of 80 dwelling units per acre (du/ac). The rezoning would support a mixed-use project with 274 multi-family rental units and approximately 12,422 square feet of retail adjacent to Federal Highway. Although the proposed density of 98 du/ac exceeds the maximum density permitted in MU-C zoning, the project's location in the Downtown Transit–Oriented Development District (DTODD) allows the developer—contingent on the participation in the City's Workforce Housing Program—to utilize the DTOD District's 25 percent density bonus. MU-C is the designation recommended for this location by the CRA Plan. All areas north of the proposed project up to NE 4th Avenue, and west to the FEC tracks and beyond are already carrying the MXH future land use classification, while several nearby developments, either built(Ocean 500, Marina Village and Casa Costa) or approved (Ocean One and The Villages), are already zoned MU-C. The current CBD zoning of the properties assembled for the project is being gradually phased out and replaced with mixed-use zoning designations corresponding to MXH and MXM future land use categories. The proposed rezoning would continue implementation of the vision of the Downtown District embedded in the CRA Plan. Note that the Plan's FLU recommendation for the areas east and south of the proposed project(in the adjacent Federal Highway South District) is the Mixed Use Medium (MXM). This classification carry the maximum density of 50 du/ac. The option of the 25% bonus would further intensify the future redevelopment of these areas. The master plan includes features designed to mitigate the negative impacts of the project's height, bulk and scale on the adjacent low-rise residential properties. The visual impact of the height of the building is broken down to a smaller scale due to the difference of architectural articulation used at the base, middle, and top of the building. In addition, the project will include on-street parking, street trees, and wide sidewalks. The Planning and Development Board reviewed this item at its September 22, 2020 meeting and forwards it with a recommendation of denial. How will this affect city programs or services? There will be no impact on City programs or services requiring capacity expansion. Page 331 of 919 Fiscal Impact: The project will expand the City's tax base. Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance appro\Ang Legacy rezoning D Staff Report Staff Report D Attachment Exhibit Al. Owner list D Location Map ExhibitA2. Location Map D Location Map Exhibit B. Existing FLU classification D Location Map Exhibit CIL Existing Zoning D Location Map Exhibit C2. Proposed Zoning D Attachment Exhibit D. CRA Plan recommendation Page 332 of 919 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 LEGACY AT BOYNTON BEACH FROM CBD (CENTRAL 7 BUSINESS DISTRICT) TO MU-C (MIXED-USE CORE); 8 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 13 WHEREAS, the applicant has requested to rezone the parcels to Mixed Use-Core 14 (MU-C), a zoning designation corresponding to the MXH classification and carrying that 15 classification's maximum density of 80 dwelling units per acre (du/ac); and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for the 18 property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from CBD 26 (Central Business District) to MU-C (Mixed Use-Core). A location map is attached hereto as 27 Exhibit"A" and made a part of this Ordinance by reference. Legal Description: 28 PARCEL I 29 30 BINGHAM PROPERTY: 31 LOTS 5, 6, 7 AND 8, LESS THE WEST 25 FEET THEREOF FOR ROAD RIGHT-OF- 32 WAY AND LOTS 95 AND 96 AND LOTS 65 AND 66 OF "THE LAWNS", 33 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9,PAGE 69 OF 34 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 35 36 PARCEL II 37 38 BOWDEN PROPERTY: 39 LOTS 9, 10, 11 AND I2 AND THE NORTH 10 FEET OF LOT I3, LOTS 15 AND 16, 1 S:\CA\Ordinances\Planning\Rezoning\Legacy-Rezone-Ordinance.Docx Page 333 of 919 40 "THE LAWNS", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT 41 BOOK 9,PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 42 FLORIDA, LESS THE WEST 25 FEET THEREOF FOR ROAD RIGHT-OF-WAY. 43 44 PARCEL III 45 46 SCAGGS PROPERTY: 47 LOTS 67, 68, 69 AND 70, "THE LAWNS", ACCORDING TO THE PLAT THEREOF 48 ON TILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR 49 PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 9 AT PAGE 69. 50 51 PARCEL IV 52 53 DSS PROPERTIES PROPERTY: 54 LOTS 71 AND 72, "THE LAWNS", ACCORDING TO THE PLAT THEREOF ON FILE 55 IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM 56 BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 9 AT PAGE 69. 57 58 PARCEL V 59 60 GARCIA PROPERTY: 61 CONDOMINIUM PARCEL A OF INTRACOASTAL MEDICAL BUILDING 62 CONDOMINIUM, A COMMERCIAL CONDOMINIUM, ACCORDING TO THE 63 DECLARATION OF CONDOMINIUM THEREOF, RECORDED FEBRUARY 8, 1980 64 IN OFFICIAL RECORDS BOOK 3229,PAGES 180 THROUGH 214 OF THE PUBLIC 65 RECORDS OF PALM BEACH COUNTY, FLORIDA, AND ALL AMENDMENTS 66 THERETO. 67 68 PARCEL VI 69 70 RUGGERI PROPERTY: 71 UNIT B OF INTRACOASTAL MEDICAL BUILDING CONDOMINIUM, ACCORDING 72 TO THE DECLARATION THERE OF RECORDED IN OFFICIAL RECORDS BOOK 73 3229,PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 74 FLORIDA, AND ALL AMENDMENTS THERETO. 75 76 PARCEL VII 77 78 CHIODO PROPERTY: 79 UNIT C OF INTRACOASTAL MEDICAL BUILDING CONDOMINIUM, A 80 COMMERCIAL CONDOMINIUM, ACCORDING TO THE DECLARATION OF 81 CONDOMINIUM THEREOF,RECORDED FEBRUARY 8, 1980 IN OFFICIAL 82 RECORDS BOOK 3229,PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH 83 COUNTY, FLORIDA, AND ALL AMENDMENTS THERETO. 84 85 PARCEL VIII 86 87 SOLIS PROPERTY: 88 THE SOUTH 15 FEET OF LOT 13 AND ALL OF LOT 14, LESS THE WEST 25 FEET 89 THEREOF PREVIOUSLY DEEDED TO THE STATE OF FLORIDA FOR ROAD 90 RIGHT OF WAY PURPOSES, AND ALL OF LOTS 61, 62, 63 AND 64, "THE LAWNS", 91 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 69 2 S:\CA\Ordinances\Planning\Rezoning\Legacy-Rezone-Ordinance.Docx Page 334 of 919 92 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 93 94 PARCEL IX 95 96 SPENCER PROPERTY: 97 UNIT D OF INTRACOASTAL MEDICAL BUILDING CONDOMINIUM, A 98 COMMERCIAL CONDOMINIUM, ACCORDING TO THE DECLARATION OF 99 CONDOMINIUM THEREOF,RECORDED FEBRUARY 8, 1980 IN OFFICIAL 100 RECORDS BOOK 3229,PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH 101 COUNTY, FLORIDA, AND ALL AMENDMENTS THERETO. 102 103 PARCEL X 104 105 VACATED RIGHT-OF-WAY 106 A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT 107 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 108 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT 109 THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF 110 PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS 111 FOLLOWS: 112 113 BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 114 00000'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF 115 SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; 116 THENCE NORTH 88046'20" WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF 117 SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 118 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH 119 FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00000'00" WEST 120 ALONG SAID EAST RIGHT-OF-WAY, LYING 25.00 FEET WEST OF AND 121 PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 122 9 FOR 45.01 FEET; THENCE SOUTH 88046'20" EAST ALONG THE NORTH RIGHT- 123 OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID 124 LOTS 8, 96,AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. 125 126 ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON 127 BEACH,PALM BEACH COUNTY, FLORIDA AND CONTAINING 120,347 SQUARE 128 FEET, (2.7628 ACRES), MORE OR LESS. 129 130 131 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 132 accordingly. 133 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 134 Section 5. Should any section or provision of this Ordinance or any portion thereof be 135 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 136 remainder of this Ordinance. 3 S:\CA\Ordinances\Planning\Rezoning\Legacy-Rezone-Ordinance.Docx Page 335 of 919 137 Section 6. This ordinance shall become effective immediately upon passage. 138 FIRST READING this day of October, 2020. 139 SECOND, FINAL READING and PASSAGE this day of , 2020. 140 CITY OF BOYNTON BEACH, FLORIDA 141 YES NO 142 143 Mayor— Steven B. Grant 144 145 Vice Mayor—Ty Penserga 146 147 Commissioner—Justin Katz 148 149 Commissioner—Woodrow L. Hay 150 151 Commissioner— Christina L. Romelus 152 153 VOTE 154 ATTEST: 155 156 157 158 Crystal Gibson, MMC 159 City Clerk 160 161 162 (Corporate Seal) 4 S:\CA\Ordinances\Planning\Rezoning\Legacy-Rezone-Ordinance.Docx Page 336 of 919 LOCATION MAP Exhibit A Z• 1 �'� ` �� f ��h i�� fit` k is�.. k � - �Lj � ,: E Ocean roomve , i � 19S si� tl � i � ➢}' Y`, r +t {M 4 i e ` f SE 1st Ave — ,a l st t + W4 f �; —E2nc! Ave t,9 Page 337 of 919 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-018 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Craig Pinder, Planner II DATE: September 16, 2020 PROJECT: Legacy at Boynton Beach REZN 20-001 REQUEST: Approve Legacy at Boynton Beach Rezoning (REZN 20-001) from CBD Central Business District to MU-C Mixed-Use Core with a master plan for 274 multi-family residential units and 12,422 square feet of retail. PROJECT DESCRIPTION Property Owners: Multiple Owners (see Exhibit Al) Applicant: Evan Vlaeminck, GCI Acquisitions LLC Agents: Brian M. Seymour, Gunster and Mark Richards, Kim ley Horn Location: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6t" Street (see Exhibit "A2") Existing Land Use/ Zoning: Mixed Use-High (MU-H)/ CBD Central Business District Proposed Land Use/ Zoning: Mixed Use-High (MU-H)/ MU-C Mixed Use-Core Proposed Use: Mixed-use project with 274 multi-family units and approximately 12,422 square feet of retail Page 338 of 919 Page 2 GCI Residential REZN 20-002 Acreage: 2.76 acres Adjacent Uses: North: Developed commercial properties, classified Mixed Use-High (MXH) and zoned CBD, Central Business District; farther north, the right-of-way for Ocean Avenue; South: Right-of-way of SE 2nd Avenue, then developed commercial property classified Mixed Use-Medium (MXM) and zoned CBD, Central Business District, and developed rental residential properties classified Mixed Use-Medium (MXM) and zoned R-3 Multi-Family; further south, the residential community of Sterling Village Condominiums, classified Medium Density Residential (MEDR) and zoned R3; East: On the northeast, developed commercial properties classified MXH, Mixed Use-High and zoned CBD, Central Business District; on the southeast, a multifamily development (Sea Terrace Condominiums), also under the MXH and CBD designations; farther east, the right-of-way of SE 6t" Street; West: Right-of-way of Federal Highway, then a mixed use project (500 Ocean), classified Mixed Use-High (MXH) and zoned MU-C, Mixed-Use Core. BACKGROUND Legacy at Boynton Beach will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan (the Plan). The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, office, and residential multi-family units. The parcels are classified as Mixed-Use High (MXH), the future land use (FLU) category allowing a maximum density of 80 dwelling units per acre (du/ac), and zoned CBD, Central Business District. The developer has requested to rezone the parcels to Mixed Use-Core (MU-C), a zoning designation corresponding to the MXH future land use classification and carrying that classification's maximum density of 80 du/ac. The MU-C is the designation recommended for this location by the Plan. The applicant proposes to develop a mixed-use project with 274 multi-family rental units and approximately 12,422 square feet of ground retail adjacent to Federal Highway. The proposed density of 98 du/ac exceeds the requested zoning's maximum density; however, since the project is located within the Downtown Transit–Oriented Development District (DTODD), the developer—contingent on the participation in the City's Workforce Housing Program—can utilize the DTOD District 25 percent density bonus. 2 Page 339 of 919 Page 3 GCI Residential REZN 20-002 Currently, there are three existing projects within close proximity to the project site that are zoned MU-C, including 500 Ocean, Casa Costa, and Marina Village. In addition, the Ocean One site plan has been approved under the MU-C zoning, but has not yet been constructed. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article 11, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The requested rezoning of the subject site aligns with the CRA's plan that calls for a vibrant downtown where people can live, work, and play in an environment that's bikeable and walkable. This vision is to be implemented through the development of the highest density and intensity projects within the area, supported by the City's most intense FLU and zoning designations and by the opportunity for additional DTOD District's density bonuses. A heightened rationale for intensification of downtown development has been driven by the planned Coastal Link commuter service station, which the 2012 Florida Department of Transportation's TOD Guidebook would classify as a Community Center station, requiring gross density for between 11 and 16 dwelling units per acre. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with the Comprehensive Plan and Redevelopment Plan The Proposed MU-C zoning district is consistent with the recommendation of the 2016 CRA Community Redevelopment Plan and the City's Comprehensive Plan. The MU-C zoning district is intended to replace the existing Central Business District (CBD) zoned parcels classified as MXH, upon request from the developer. The rezoning is also consistent with the following Comprehensive Plan policies: Policy 1.18.1 The City shall continue to implement the Transit-Oriented Development (TOD) approach, as described in the 2012 Florida Department of Transportation's TOD Guidebook, to manage future growth within the Downtown TOD District(a % mile 3 Page 340 of 919 Page 4 GCI Residential REZN 20-002 radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri-Rail Coastal Link service on the FEC Corridor). The inner X-mile core of this District shall be designed to accommodate the greatest density and intensity of development. Policy 1.18.2 The City shall aim to transform the Downtown TOD District area into an active, mixed-use, pedestrian-friendly activity zone, supporting new housing to increase potential ridership, intensifying land development activity, and adding amenities and destination uses for future transit riders. The City shall strive to achieve this goal through facilitating compact, high density and intensity development of a varied mix of land uses. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed rezoning will not create an isolated district, nor will it constitute a grant of special privelege to the property owner. As stated in criterion "b", the proposed MU-C zoning designation is consistent with the recommendations of the CRA Plan and Comprehensive Plan and implements the MXH future land use classifcation as identified on the City's Future Land Use Map. All areas north of the proposed project (up to NE 4th Avenue), and west to the FEC tracks and beyond are already carrying the MXH future land use classification, while several nearby developments, either built (Ocean 500, Marina Village and Casa Costa) or approved (Ocean One, The Villages), are already zoned MU-C. The current CBD zoning of the properties assembled for the project is beeing gradually phased out and replaced with mixed-use zoning designations corresponding to MXH and MXM future land use categories. The proposed rezoning would continue implementation of the land use pattern envisioned for the Downtown District by the CRA Plan. Note that the Plan's FLU recommendation for the areas east and south of the proposed project (in the adjacent Federal Highway South District) is the Mixed Use Medium (MXM). This classification carry the maximum density of 60 du/ac. The option of the 25% bonus would further intensify the future redevelopment of these areas. The MXM classification is already on the ground on the north side SE 2nd Avenue, where all properties with the exception of the commercial lot on the corner of SE 2nd Avenue and the Federal Highway are residential and zoned R-3 (Multi-Family), a designation inconsistent with the MXM future land use category. 4 Page 341 of 919 Page 5 GCI Residential REZN 20-002 d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed rezoning is a mixed-use high density development whose residents will have access to alternative modes of transportation including Palm Tran bus service along the Federal Highway corridor (with a bus stop located in front of the project), and, eventually, the Coastal Link station. In addition, the project also provides pedestrian connectivity through activated ground retail that supports the development of a pedestrian-friendly downtown and encourages residents and visitors to use a form of active transportation (walking or biking) for short trips instead of a private vehicle. The City's Sustainable Development Standards ordinance requires all projects to incorporate specific required design features (i.e., white roof, warm outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options across five categories. The point requirements are tiered based on size and type of development. For review of the project's sustainable design features, see the corresponding master plan/site plan staff report. e. Availability of Public Services /Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. This request is for rezoning only. Long-term capacity availability for potable water, sewer, and solid waste was reviewed earlier as a part of the area-wide FLUM amendment following the adoption of the CRA Plan. (The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046.) The traffic impact analysis was submitted to the Palm Beach County Traffic Division, with the findings of 1,769 new daily trips, 59 new am peak hour trips and 138 new pm peak hour trips. The Traffic Division confirmed that, since the subject property is within the Traffic Concurrency Exception Area, it is exempt from the Palm Beach County Traffic Performance Standards. The PBC School District's review of The School Capacity Availability Determination (SCAD) letter submitted by the applicant concluded that there will be no negative impacts on the public school system. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. 5 Page 342 of 919 Page 6 GCI Residential REZN 20-002 f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See the response to criterion "c," as well as responses to criteria "a" and "b". The proposed master plan supported by the subject rezoning is compatible in scale and character with several nearby developments, either already built or approved. It is consistent with the vision of the Downtown District embedded in the CRA Plan, and will be compatible with the future redevelopment of the surrounding areas as the implementation of the Plan continues. The project is likely to increase some local property values. The master plan includes features designed to mitigate the negative impacts of the project's incompatible height, bulk and scale on the adjacent low-rise residential properties—a two-story condominium to the east, residential parcels to the south, across from the SE 2nd Avenue, and the Sterling Village community farther south and east of the SE 6th Street. The visual impact of the height of the building is broken down to a smaller scale due to the difference of architectural articulation used at the base, middle, and top of the building. In addition, the project will include on street parking, street trees, and wide sidewalks. For details, see the corresponding staff report. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would.- (1) ould.(1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. The proposed project generates economic development benefits as it presents an opportunity to become yet another contributor to a successful, lively downtown ("g1" and "g6"), bringing more development to the area and attracting more residents and visitors 6 Page 343 of 919 Page 7 GCI Residential REZN 20-002 to the City. Moreover, the density increase in the DTOD District is essential for support of the future Tri-Rail Coastal Link commuter service. The project has a potential to add a significant contribution to the City's tax base ("g2"). The direct impact on job generation would be modest ("g4"); however, there will be substantial indirect (multiplier) effects through increased demand for retail and restaurant uses. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions.(1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The subject property is currently classified as Mixed Use-High. The proposed rezoning corresponds to that FLU classification and does not affect the type of land uses allowed on the property. The project includes 12,422 square feet of retail uses. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are no adequate sites elsewhere downtown for a high intensity mixed use project without considerable land assembly efforts. The City's downtown has very little vacant land left. The property is already classified MXH; both the MXH classification and the proposed zoning designation are consistent with the CRA Plan recommendation for the area. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The concurrent master plan and site plan shall comply with the requirements of the MU- C zoning district and the site development standards of Part III (LDR), Chapter 4 prior to the issuance of any permits or certificate of occupancy. For the master plan/site plan review, see the corresponding staff report. 7 Page 344 of 919 Page 8 GCI Residential REZN 20-002 RECOMMENDATION As indicated herein, staff has reviewed the proposed rezoning and found that it implements the CRA Community Redevelopment Plan and the Comprehensive Plan objectives and policies. Therefore, staff recommends that the subject request be approved. s Page 345 of 919 206 S Federal Highway 625 SE 2nd Ave 0010 8-43-45-27-04-000-0090 08-43-45-27-04-000-0010 Bowden INC Sara N Garcia 1622 NE 4th Street 625 SE 2nd Ave#A Boynton Beach, FL 33434 Boynton Beach, FL 33435 SE V Avenue 625 SE 2nd Ave 0020 08-43-45-27-04-000-0650 08-43-45-27-04-000-0020 One Twelve South Fed Hwy INC Maria CS Ruggeri W Bingham c/o PO Box 1182 3549 Harbor Cir Boynton Beach, FL 33425 Delray Beach, FL 33483 SE V Avenue 625 SE 2nd Ave 0030 08-43-45-27-04-000-0670 08-43-45-27-04-000-0030 Joseph W Scaggs Linda and Christopher Chiodo 728 Casa Loma Blvd 2515 SW 13th Ct Boynton Beach, FL 33435 Boynton Beach, FL 33426 SE 1st Avenue 625 SE 2nd Ave 0040 08-43-45-27-04-000-0710 08-43-45-27-04-000-0040 DSS Properties Howard and Marianne Spencer 728 Casa Loma Blvd 731 NE 12th Terrace Apt 1 Boynton Beach, FL 33435 Boynton Beach, FL 33435 Ocean Avenue SE 2nd Ave 08-43-45-27-04-000-0610 08-43-45-27-04-000-0630 Francisco and Olga Solis Francisco and Olga Solis 80 SW 15th Court 80 SW 15th Court Boca Raton, FL 33486 Boca Raton, FL 33486 Page 346 of 919 Federal Highway 08-43-45-27-04-000-0131 Francisco and Olga Solis 80 SW 15th Court Boca Raton, FL 33486 212 S Federal Highway 08-43-45-27-04-000-0150 Downtown Properties of South Florida LLC 4283 Fox Trace Boynton Beach, FI 33436 Page 347 of 919 LOCATION MAP Exhibit A2 sst at z ' s� mx W s F E Ocean Ave Id r S�i• ��'`f��1 3ti�� ,.tG4 � SSE 1stFAV e f. h ii s 5 r � SE-2nd Ave i -4 l�tils5 �� 5 r� Page 348 of 919 Exhibit B LEGACY AT BOYNTON BEACH: FUTURE LAND USE E-Ocean-Ave MEDR _ , SE 1-st-Ave � t� I W SITE � S E i2 nd Ave N d-Ave Legend MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) MIXED USE MEDIUM (MXM), 50 D.U./Acre I MIXED USE HIGH (MXH), 80 D.U./Acre 0 45 90 180 270 %al�t9 Exhibit C1 LEGACY AT BOYNTON BEACH: CURRENT ZONING E-Ocean-Ave a _ SE=1-St=Ave W W I ME 0 W ------ --SE i2 nd Ave id- Ave--Legend Zoning R3 Multi Family, 11 du/ac s C3 Community Commercial t CBD Central Business District MU-C Mixed Use Core, 80 du/ac 0 45 90 180 270 (�t9 Exhibit C2 LEGACY AT BOYNTON BEACH: PROPOSED ZONING E-Ocean-Ave a = SE=1-St=Ave W W SI E 0 W U S E i2 nd Ave id- Ave--Legend Zoning R3 Multi Family, 11 du/ac s C3 Community Commercial t CBD Central Business District MU-C Mixed Use Core, 80 du/ac 0 45 90 180 270 (�t9 EXHIBIT D. CRA PLAN FLU RECOMMENDATION ` ' FOR LEGACY AT BB SITE I �.YC I � � f mar ' til I ry t � P $ � r � w R....5onal(R) t i {x. - - Indusinal (1? Low Density Residential(LDR)5 du/ac 1Medum Density Residential(MDR)11 du/ac High Density iResidential(HDR)15 dulac =Special High Density Residential(SHDR)20du/ac Instiluationa9(PPGI) 9 f :,Local Retail Commercial(LRC) General Commercial(GC) ( j,,J�`, 't+�r�+l fxed Use Low(MUL)20 dulac Mixed Use Medium(MUM)50 dulac MMered Use High(MUH)80 du/ac TOD � f. Figure 43: Recommended Land Use for the Downtown District 87 Page 352 of 91 8.B. PUBLIC HEARING 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Proposed Ordinance No. 20-035 - First Reading - Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right-of-way of SE 11t Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) Explanation of Request: The applicant is requesting to abandon (ABAN 20-009) a portion of the improved 45-foot wide right-of-way of SE 1St Avenue extending from Federal Highway east for a distance of approximately 175 (see Exhibit "A" — Location Map). The request for abandonment is concurrent with a New Site Plan Application (NW SP 20-003) and a Rezoning Application (REZN 20-001) for a proposed mixed-use project, Legacy at Boynton Beach, which contains 274 dwelling units and 12,422 square feet of commercial space. Staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners. Based on the attached analysis, staff has determined that the subject right-of-way no longer serves a public purpose other than retention of a utility easement, if warranted and therefore recommends APPROVAL of the request, subject to the accompanying conditions. At the September 22, 2020 Planning & Development Board meeting the Board recommended to not approve the item. How will this affect city programs or services? There will be no impact on City programs or services requiring capacity expansion. Fiscal Impact: The project will expand the City's tax base. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: Page 353 of 919 ATTACHMENTS: Type Description D Ordinance Ordinance approving abandonment of a portion of the 45 foot ROW D Staff Report Staff Report D Location Map Exhibit A® Location Map D Location Map Exhibit B -Abandonment Area D Drawings Exhibit C ® Survey D Conditions of Approval Exhibit D ® Conditions of Approval Page 354 of 919 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE ABANDONMENT OF A PORTION 5 OF THE IMPROVED 45 FOOT WIDE RIGHT-OF-WAY OF 6 SOUTHEAST 1sT AVENUE RUNNING EAST FROM FEDERAL 7 HIGHWAY FOR A DISTANCE OF APPROXIMATELY 175 FEET; 8 AUTHORIZING THE CITY MANAGER TO EXECUTE A 9 DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS 10 ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH 11 COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Applicant is requesting abandonment of a portion of the improved 45- 14 foot wide right-of-way of SE Pt Avenue extending from Federal Highway east for a distance 15 of approximately 175 feet; and 16 17 WHEREAS,staff has determined that the requested abandonment would not adversely 18 impact traffic or other City functions, and would not adversely impact other adjacent property 19 owners; and 20 21 WHEREAS, comments have been solicited from the appropriate City Departments, 22 and public hearings have been held before the City Commission on the proposed abandonment; 23 and 24 25 WHEREAS, staff has determined that the subject right-of-way no longer serves a 26 public purpose other than retention of a utility easement, if warranted and therefore 27 recommends approval of the request, subject to the accompanying conditions. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 31 32 Section 1. The foregoing whereas clauses are true and correct and incorporated 33 herein by this reference. 34 35 Section 2. The City Commission of the City of Boynton Beach, Florida, does 36 hereby abandon a portion of the improved 45 foot wide right-of-way of SE Pt Avenue running 37 east from Federal Highway for a distance of approximately 175 feet. The property being 38 abandoned is more particularly described as follows: 39 40 PORTION OF RIGHT OF WAY KNOWN AS SE IIT AVENUE 41 A PORTION OF THE RIGHT-OF-WAY OF SE ist AVENUE LYING BETWEEN LOT 8, 42 LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25 43 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT 44 THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF 45 PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS 46 FOLLOWS: 47 {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Legacy).docx Page 355 of 919 48 BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 49 00000'00"EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID 50 LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66;THENCE NORTH 51 88046'20"WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SE I st AVENUE, 52 ALSO BEING THE NORTH LINE OF SAID LOTS 66,65,AND 9,FOR 174.99 FEET TO A 53 POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US 54 HIGHWAY NO. 1); THENCE NORTH 00000'00"WEST ALONG SAID EAST RIGHT-OF- 55 WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY 56 EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 57 88046'20"EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SE I st AVENUE, 58 ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95, FOR 174.99 FEET TO 59 THE POINT OF BEGINNING. 60 61 ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON 62 BEACH,PALM BEACH COUNTY,FLORIDA AND CONTAINING 7,875 SQUARE FEET, 63 MORE OR LESS. 64 65 Section 3. The City Manager is hereby authorized and directed to execute the 66 attached Disclaimer and cause the same to be filed,with this Ordinance, in the Public Records 67 of Palm Beach County, Florida. 68 69 Section 4. This Ordinance shall take effect immediately upon passage. 70 71 FIRST READING this day of October, 2020. 72 73 SECOND, FINAL READING AND PASSAGE THIS day of October, 2020. 74 75 CITY OF BOYNTON BEACH, FLORIDA 76 77 YES NO 78 Mayor— Steven B. Grant 79 80 Vice Mayor—Ty Penserga 81 82 Commissioner—Justin Katz 83 84 Commissioner—Woodrow L. Hay 85 86 Commissioner— Christina L. Romelus 87 88 VOTE 89 ATTEST: 90 91 92 Crystal Gibson, MMC 93 City Clerk 94 95 96 (Corporate Seal) {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Legacy).docx Page 356 of 919 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the improved 45 foot wide right-of-way of SE lst Avenue running east from Federal Highway for a distance of approximately 175 feet. The property being abandoned is more particularly described as follows: PORTION OF RIGHT OF WAY KNOWN AS SE IIT AVENUE A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9,LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS",ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9,PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00°00'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88°46'20" WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00000'00" WEST ALONG SAID EAST RIGHT-OF-WAY,LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 88046'20" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95,FOR 174.99 FEET TO THE POINT OF BEGINNING. ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of October, 2020. CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Legacy).docx Page 357 of 919 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of , 2020. NOTARY PUBLIC, State of Florida My Commission Expires: {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Legacy).docx Page 358 of 919 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-023 TO: Chair and Members Planning & Development Board FROM: Amanda B. Radigan Principal Planner THRU: Ed Breese Planning & Zoning Administrator DATE: September 15, 2020 SUBJECT: Request for abandonment of a portion of the improved 45 foot wide right-of- way of SE 1St Avenue running east from Federal Highway for a distance of approximately 175 feet (ABAN 20-009). BACKGROUND The applicant, Evan Vlaeminck with GCI Acquisitions LLC is requesting to abandon(ABAN 20-009) a portion of the improved 45-foot wide right-of-way of SE 1 st Avenue extending from Federal Highway east for a distance of approximately 175 feet (see Exhibit "A" — Location Map). The request for abandonment is concurrent with a New Site Plan Application (NWSP 20-003) and a Rezoning Application (REZN 20-001) for a proposed mixed-use project, Legacy at Boynton Beach, which contains 274 dwelling units and 12,422 square feet of commercial space. This abandonment is for the following platted street segment: A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00°00'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88°46'20"WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00°00'00"WEST ALONG SAID EAST RIGHT-OF-WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 88°46'20" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, MORE OR LESS. The location map attached as Exhibit "A" shows the general vicinity of the right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and Exhibit"C" is a Boundary Survey of the portion of the right-of-way to be abandoned and its legal description. Page 359 of 919 Page 2 Memorandum No. PZ 20-023 ABAN 20-009 The following is a description of the zoning districts and land uses of the properties that surround the subject request. The following is a description of the zoning districts and land uses of the properties that surround the subject right-of-way abandonment request: North: Portion of the proposed Legacy at Boynton Beach development with a Future Land Use classification of Mixed Use High (MXH) and a proposed Zoning designation of MU-Core (Mixed Use Core). South: Portion of the proposed Legacy at Boynton Beach development with a Future Land Use classification of Mixed Use High (MXH) and a proposed Zoning designation of Mixed Use Core (MU-C). East: The continuation of the right-of-way for SE 1St Avenue, then farther east developed multifamily with a Future Land Use classification of Medium Density Residential (MEDR) and a Zoning designation of Multifamily (R-3). West: Right-of-way for Federal Highway, then farther west a developed mixed-use project known as 500 Ocean Future with a Future Land Use classification of Mixed Use High (MXH)and a Zoning designation of Mixed Use Core(MU-C). ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and signs posted for the Planning & Development Board and City Commission hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection Public Works/Utilities No objection, with the provision of the relocation of the existing utilities (see Exhibit D) Planning and Zoning No objection, with recommended condition (see Exhibit D) PUBLIC UTILITY COMPANIES Florida Power and Light No response received as of the date of this report. If easements and/or relocation of utilities are necessary they will be at the developer's cost. AT&T No objection, with conditions (see Exhibit D) Florida Public Utilities No objection Comcast No objection, with conditions (see Exhibit D) Windstream No objection Page 360 of 919 Page 3 Memorandum No. PZ 20-023 ABAN 20-009 RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions based on the remaining street network in the immediate vicinity and would not adversely impact other adjacent property owners. Based on the above-analysis, staff has determined that the subject right-of-way segment, located within the confines of the proposed development of Legacy of Boynton Beach, no longer serves a public purpose other than retention of necessary utility easements, if warranted and therefore recommends APPROVAL of the request, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "D" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)WBAN 20-009\_StaffReport\_Staff Report ABAN 20-009.doc Page 361 of 919 Exhibit A PROPOSED ABANDONMENT - GENERAL LOCATION , VI : !� b - #� f § L W _ s 1 s,. I ff r Page 362 of 919 Exhibit B PROPOSED ABANDONMENT �- �� ) 75 )� -- �• �9s�y�(t lis}� t �,}sS�F1(� ) � � � �� - a 5 $r� y SSE� 1st Ave �� S p P t r I �s r 4' _ �•�_ �, � its�s , y Page 363 of 919 EXHIBIT "C" rim SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777®FAX: (954) 572-1778 E—MAIL: surveys©pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION L13#3870 LEGAL DESCRIPTION: (RIGHT-OF-WAY VACATION) A PORTION OF THE RIGHT—OF—WAY OF SE 1st AVENUE LYING BETWEEN LOT 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00°00'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88°46'20" WEST ALONG THE SOUTH RIGHT—OF—WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00°00'00" WEST ALONG SAID EAST RIGHT—OF—WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 88°46'20" EAST ALONG THE NORTH RIGHT—OF—WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, MORE OR LESS. NOTES: 1) BEARINGS ARE BASED ON AN ASSUMED MERIDIAN WITH THE EAST RIGHT—OF—WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO.1) BEING N00°00'00"W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4) ALL RECORDED DOCUMENTS ARE PER THE PUBLIC RECORDS OF PALM BEACH COUNTY. FILE: Cl RESIDENTIAL SHEF 1F 2 ,; THIS �:/tH I:ELALN NOR SCALE: N/A DRAWN: L.S. CpMPHD 2 ORDER NO.: 67201DATE: 5/18/20RIGHT-OF-WAY VACATION OHN �dPULICE, PROFESSIONAL SUA91❑ BET ° BURNS, PROFESSIONAL SURVPNBEACH,PALM BEACH COUNTY,FLORIDA ❑ VISOR R. GILBERT, PROFESSIONAL S6274 I RESIDENTIAL SITE STATE OF FLORIDA FOR: GC Page 364 of 919 EXHIBIT "C" cis SKETCH AND LEGAL DESCRIPTION cm BY SURVEYORS,PULICEE LAND 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E-MAIL: surveys0pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION L13#3870 I=W LOT 5 LOT 96 LOT 95 N�. EAST LINE 1 I LOT 95 LOT 6 POINT OF LOT 94 LOT 93 LOT 92 LOT 91 LOT 90 LOT 89 LOT 88 25' BEGINNING ~1 LOT 7 SE'CORNER I THE I LAWNS" — LOT 95 PLAT BOOK 9, PAGE 69 LOT 8 SOUTH LINE r. L� LOTS 8, 95, 96 LU — Q r r �e O- NORTH RIGHT- O t� SqE 1 Sty YE , g/ o O OF-WAY LINE Ca L Z N8846'20'W 174.99' o SOUTH RIGHT- 07T IGHT- _ O C OF-WAY LINE NORTHI66 NE CORNER�65 U_ ILOT 10 ] LOT 66 ®_ X30 EAST LOT 66 wc'6LOT 67 LOT 68 I LOT 69 LOT 70 LOT 71 LOT 72 LOT 73 j 11� LOT 65 LOT 66 "THE LAWNS"I �I 5' _ LOT 12 PLAT BOOK 9, PAGE 69 =Iw = LOT 13-+ � - - - —+ — � - - -� — - - - - � �Q Wo LOT 14� LOT 64 LOT 63 LOT 62 LOT 61 LOT 60 LOT 59 LOT 58 LOT 57 LOT 56 LOT 15� LOT 16 SE 2nd AVENUE FILE: Cl RESIDENTIAL $I-IEE"r 2 OF 2 THIS DOCUMENT IS NEITHER FULL OR SCALE: 1°'=80° DRAWN: L.S. COMPLETE WITHOUT SHEETS 1 AND 2 ORDER NO.: 67201 DATE: 5/18/20 RIGHT-OF-WAY VACATION BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA FOR: GCI RESIDENTIAL SITE Page 365 of 919 EXHIBIT "D" Conditions of Approval Project Name: Legacy at Boynton Beach File number: ABAN 20-009 Reference: 41h review of plans identified as a Abandonment 20-009 with a September 8, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS/ UTILITIES Comments: 1. Per the City Utility Department, the approval of the requested abandonment is contingent on the relocation of the existing X utilities. PLANNING & ZONING Comments: 2. The approval of the requested abandonment is contingent on the permitting and construction of the project within the allowable X timeline permitted by the Development Order and/or the Building Division. UTILITY COMPANIES Comments: 3. Per Comcast, a new easement is required to replace the existing fiber and coax cable; the developer will be responsible for X associated cost. 4. Per AT&T, active service on property 625 SE 2nd Avenue must be X disconnected before demolition. 5. FP&L has not responded to the request for abandonment as of the date of this report. If easements and relocation of utilities are X necessary the developer will be responsible for associated cost. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)WBAN 20-009\_StaffReport\Exhibit D-COA ABAN 20-009.doc Page 366 of 919 8.C. PUBLIC HEARING 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Approval of Legacy at Boynton Beach (NW SP 20-003) new site plan application for a mixed-use development consisting of an eight(8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Evan Vlaeminck, GCI Acquisitions LLC. (Tabled from the October 6, 2020 Commission meeting.) Explanation of Request: Legacy at Boynton Beach is a proposed mixed-use development that will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, office, and residential multi-family units. The applicant is requesting approval of several concurrent applications for the development of Legacy at Boynton Beach (see the respective staff reports). The first application, REZN 20-001, is to rezone the property from CBD (Central Business District) to Mixed-Use Core (MU-C). The second application, NWSP 20-003, is for New Site Plan approval, which proposes an 8-story mixed-use development consisting of 12,422 square feet of ground floor commercial space adjacent to Federal Highway, 274 multi-family residential units, and a supporting parking garage with 510 parking spaces. The developer is proposing to participate in the Workforce Housing Program which allows a density bonus of 25%. Lastly, an application for the Abandonment(ABAN 20-009) of a portion of SE 1st Avenue, east of Federal Highway has been submitted. The proposed project's main vehicular access point is located at SE 2nd Avenue, east of Federal Highway, with a secondary access point on SE 1St Avenue. The project's access design is contingent on the approval of three (3) Engineering Waivers. The architectural style for the project is a mid-rise modern interpretation of"Coastal" architecture, which is a variation of Florida Vernacular Architecture. The project features a strong vertical base which interacts with the pedestrian zone along Federal Highway. The upper portions of the building include separate vertical elements that create a scale consistent with the 500 Ocean development. The project's materials include simulated weathered wood planks, clear glass at the retail level, black window frames, vertically-oriented windows and subtle tan tones that create a warmth to the building while maintaining clean lines. The materials and finishes are consistent with the coastal architectural style. At the September 22, 2020 Planning & Development Board meeting the Board recommended to not approve the item. How will this affect city programs or services? There will be no impact on City programs or services requiring capacity expansion. Fiscal Impact: The project will expand the City's tax base. Alternatives: Page 367 of 919 None recommended Strategic Plan: Strategic Plan Application: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Exhibit Exhibit All ® PCN and Owner List D Location Map Exhibit A2 ® Location Map D Drawings Exhibit B ® Project Plans D Conditions of Approval Exhibit C ® Conditions of Approval D Development Order Development Order Page 368 of 919 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-019 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda B. Radigan, Principal Planner Craig Pinder, Planner II DATE: September 16, 2020 PROJECT NAME: Legacy at Boynton Beach (NWSP 20-003) REQUEST: Approval of a New Site Plan Application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. PROJECT DESCRIPTION Property Owner: Multiple Owners (see Exhibit Al) Applicant: Evan Vlaeminck, GCI Acquisitions LLC Agent: Brian M. Seymour, Gunster and Mark Rickards, Kimley Horn Location: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street (see Exhibit "A2" — Site Location Map) Existing Land Use: Mixed Use-High (MXH) Proposed Land Use: MXH (Mixed Use High) Existing Zoning: CBD (Central Business District) Proposed Zoning: MU-C (Mixed Use Core) Proposed Use: Mixed use development with 274 multi-family units, approximately 12,422 square feet of commercial space, recreational amenities, parking, and other related site improvements. Acreage: 2.76 acres Page 369 of 919 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 2 Adjacent Uses: North: Developed commercial properties, classified Mixed Use-High (MXH) and zoned CBD, Central Business District; farther north, the right-of-way for Ocean Avenue; South: Right-of-way for SE 2nd Avenue, then developed commercial property classified Mixed Use-Medium (MXM) and zoned CBD, Central Business District, and developed rental residential properties classified Mixed Use-Medium (MXM) and zoned R-3 Multi-Family; further south, the residential community of Sterling Village Condominiums, classified Medium Density Residential (MEDR) and zoned R3; East: On the northeast, developed commercial properties classified MXH, Mixed Use-High and zoned CBD, Central Business District; on the southeast, a multifamily development (Sea Terrace Condominiums), also under the MXH and CBD designations; farther east, the right-of-way of SE 6th Street; and West: Right-of-way of Federal Highway, then a mixed-use project (500 Ocean), classified Mixed Use-High (MXH) and zoned MU-C, Mixed-Use Core. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Legacy at Boynton Beach is a proposed mixed-use development that will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, office, and residential multi-family units. The applicant is requesting approval of several concurrent applications for the development of Legacy at Boynton Beach (see the respective staff reports). The first application, REZN 20-001, is to 2 Page 370 of 919 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 3 rezone the property from CBD (Central Business District) to Mixed- Use Core (MU-C). The second application, NWSP 20-003, is for a New Site Plan approval, which proposes an 8-story mixed-use development consisting of 12,422 square feet of ground floor commercial space adjacent to Federal Highway, 274 multi-family residential units, and a supporting parking garage with 510 parking spaces. The developer is proposing to participate in the Workforce Housing Program which allows a density bonus of 25% (see Exhibit C —Conditions of Approval). Lastly, an application for the Abandonment (ABAN 20-009) of a portion of SE 1St Avenue, east of Federal Highway has been submitted. ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. The project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The project would generate 1,769 new daily trips with 59 AM peak trips and 138 PM peak trips. School: The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. Utilities: The City's water capacity would meet the projected potable water demand for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. The Fire Department has requested additional information to ensure that the drive aisles and turnarounds are meeting the City's requirements (see Exhibit C—Conditions of Approval). Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. 3 Page 371 of 919 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 4 The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Additionally, the project has the opportunity to utilize the Downtown Stormwater improvement Watershed for a fee-in-lieu-of capital contribution (see Exhibit C — Conditions of Approval). Access: The proposed project's main vehicular access point is located on SE 2nd Avenue with a secondary access point on SE 1St Avenue. The projects access design is contingent on the approval of three (3) Engineering Waivers. The first Engineering Waiver is a request to reduce the driveway throat depth from the required 100 feet to 60 feet; the second request is to waive the require 12-foot-wide left turn lane for the left turn movement into the garage on SE 2nd Ave; the last request is to reduce the required 22-foot width of SE 2nd Ave to 20.9 feet (see Exhibit C — Conditions of Approval). A portion of SE 1St Avenue is proposed to be abandoned (refer to concurrent application ABAN 20-009) and will no longer connect to Federal Highway, but instead will provide direct access to the parking garage. In addition, the project also provides 20 on-street parking spaces to serve the retail uses on the first floor of the project. Sidewalks are provided along all street rights-of-way. The proposed sidewalks are a minimum of ten (10) feet in width and are lined with street trees for shade. The sidewalk along Federal Highway also abuts a covered eight (8) foot active area that may be used for outdoor dining and commercial uses. The project also proposes a private dog park along the eastern property line and a hardscaped plaza along the north property line to encourage pedestrian activity along the ground floor. There is limited pedestrian access from SE 2nd Avenue into the private amenities for the residents. Parking: Off-street parking for the MU-C zoning district requires 1.33 parking spaces for studios and one-bedroom units, and 1.66 parking spaces for two (2) or more bedroom units. The project proposes 274 units (155 studios and one-bedrooms, and 119 two and three-bedrooms), which would require 404 parking spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds another 41 parking spaces to the total. The commercial space, which would allow a mix of retail, office and restaurant uses, requires one (1) parking space per 200 square feet of gross floor area. The site plan proposes 12,422 square feet of retail, thereby requiring an additional 63 parking spaces (see Exhibit C — Conditions of Approval). In addition to this, the developer will maintain a parking agreement with Two George's to provide 20 parking spaces 4 Page 372 of 919 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 5 for their use. Under this standard methodology for calculating required off-street parking spaces, a grand total of 528 parking spaces would be required. The site plan proposes 530 parking spaces, an excess of two (2) spaces. Regular parking space dimensions would conform to code requirements for the CRA of 9 feet by 18 feet for 90-degree parking and 8 feet by 22 feet for parallel spaces. The applicant is proposing a seven (7)-story parking garage that would accommodate up to 510 vehicles. A resident gate would be placed in the garage with a turnaround space for non-residents. The developer will be required to comply with the City's residential parking requirements to ensure that the designated resident parking spaces are reserved for, and made available to the residents to minimize the use of the retail parking spaces by residents. This requirement shall be monitored and enforced by the developer (see Exhibit C — Conditions of Approval). There are an additional 20 on-street parking spaces; ten (10) on Federal Highway; and ten (10) on SE 2nd Avenue. Landscaping: The Plant List (Sheet L200) indicates that the project would add a total of 100 canopy and palm trees, 297 accent and shrub specimens, and 1,469 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Cathedral Live Oak, Natchez Crape Myrtle, Gumbo Limbo, Pigeon Plum, Yellow Bells, Cabada Palm, Alexander Palm, Royal Palm, and Sabal Palmetto. The applicant has chosen Coontie, Milkweed, and Firebush as butterfly attracting plants. Projects proposed in the Mixed-Use Core (MU-C) zoning district are subject to the "Streetscape Design" portion of the landscape code regulations. These code provisions recognize the desire for reduced building setbacks, thus creating an urban setting. The purpose of the "Streetscape Design" concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and optimize the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and covered arcades to create the streetscape theme, with the lower landscape material placed around the private terraces and along the building foundation, and street trees placed between 5 Page 373 of 919 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 6 the street and sidewalk, in an effort to provide maximum clear pedestrian pathways. Lastly, a 15-foot wide urban landscape buffer is provided along the east property line; a wall is required within the buffer to mitigate impact to the adjacent property (see Exhibit C — Conditions of Approval). Building and Site: The proposed site area totals 2.76 acres. The proposed mixed-use buillding contains 274 dwelling units which are located above the retail spaces fronting Federal Highway and wrapping a central parking garage. Along SE 2nd Ave the building creates a large courtyard which allows for the ground floor amenity deck to be visable from the unit balconies. The retail portion of the project totals 12,422 square feet and provides an elevated covered arcade adjacent to Federal Highway. As noted previously, the parking garage has seven (7) levels of parking, with dedicated resident parking. A portion of the parking garage is visable from SE 1 st Ave and is to be treated with a landscaped wall feature (see Exhibit C — Conditions of Approval). Of the 274 residential units, 20 are studio, 135 are one (1) bedroom, 93 are two (2) bedroom, and 26 are three (3) bedroom units. The units range in size from 650 square feet to 1,350 square feet. Each unit also has a balcony or terrace that either faces out towards the street or in towards the ground floor amenity deck. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use Core (MU-C) zoning district has a maximum FAR of 4.0. The project is also located within the"Transit Core" (1/4 mile radius of the planned station), which requires that new development have a minimum density of 40 dwelling units per acre; the project proposes a density of 99.3 du/ac. (based on a 25% density bonus gained from particpation in the Work Force Housing Program) and a minumum FAR of 2.0; the project has a proposed FAR of 2.91. Building Height: The maximum building height allowed in the MU-C (Mixed Use Core) zoning district is 150 feet. The proposed building elevations depict the typical roof deck height of the mixed-use building at eighty-four (84)feet, with an overall height of approximately ninety-four(94)feet, 56 feet below the maximum allowable height. Along Federal Highway, the proposed building elevations show that the building steps back ten (10) feet at an approximate height of twenty-six (26) feet and then extends to its overall height. 6 Page 374 of 919 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 7 Setbacks: The MU-C zoning district requires no building setbacks, but rather a zero (0) build-to line with accommodation of the required pedestrian zone. The Land Development Regulations requires the building to be setback to allow for an enhanced public realm that includes 2.5 feet— 5 feet for street trees, 10 feet for sidewalks, plazas, and 8 feet for active areas such as outdoor seating and retail uses. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Federal Highway, the proposed building setback along the length of the building is between 23 feet and 25 feet. Along SE 2nd Avenue, the building setback is between 3.4 feet and 3.9 feet except for the areas of the ground floor amenity deck, which is setback to approximately 85 - 120 feet. The building setback along SE 1St Avenue is approximately 5 - 14 feet. The eastern property line abuts the adjacent property where the setback is 30 feet and includes a dog park with landscaping. Lastly, the building is setback between approximately 26 and 62 feet from the northern property line to allow for the required useable open space. Amenities: As noted above, the project proposes a hardscaped plaza at the northern end of the project which connects to the pedestrian zone along Federal Highway. In addition, a covered active area is proposed along Federal Highway to encourage a mixture of active uses along the exterior of the ground floor retail spaces, and pedestrian zones abut SE 1St Avenue and SE 2nd Avenue. The pedestrian zones include a street tree area, sidewalks, active areas and covered walkways. The project has been designed with a large interior courtyard for resident use, containing the community pool, outdoor lounging areas, and lush tropical landscaping. The private amenities located within the building will include a host of programmed spaces on the ground floor and a rooftop amenity for the residents' enjoyment. The developerwill also be working with Palm Tran of Palm Beach County to relocate and create a new transit shelter, designed utilizing some of the architectural characteristics of the mixed use project (see Exhibit C— Conditions of Approval). Design: The intended architectural style for the project is a mid-rise modern interpretation of"Coastal" architecture, which is a variation of Florida Vernacular Architecture. This architectural style fosters a sense of place and identity for the district. The project features a strong vertical base which interacts with the pedestrian zone along Federal Highway and provides shade and protection. The upper portions of the building include separate vertical elements that create a scale consistent with the 500 Ocean development. The project's materials include simulated weathered wood planks, clear glass at the retail level, black 7 Page 375 of 919 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 8 window frames, vertically-oriented windows and subtle tan tones that create a warmth to the building while maintaining clean lines. The materials and finishes are consistent with the Coastal architectural style. The mixed-use projects are designed to create a pedestrian-friendly environment by placing the buildings along the pedestrian zones and articulating the building mass to avoid a repetitive, continuous, monotonous building block. The building mass fronting SE 2nd Avenue steps back and wraps the ground floor amenity deck, creating a break in the building mass. This approach mitigates the impact of the building's height on the multifamily properties to the south. Along Federal Highway, the building maintains its mass along the length of the road and varies in height to create tower elements at the north end, middle, and south end of the building. As mentioned previously, the building facing Federal Highway is stepped back ten feet at a height of 26 feet in order to move the mass of the building farther from the pedestrian environment. Sustainability: Mixed use developments must achieve a minimum of 25 sustainability points (see Exhibit "C" — Conditions of Approval). The development proposes to satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Heat Island Reduction - 75% of the non-roof -impervious site 6 Efficient Cooling - All air conditioners are Energy Star qualified. Minimum SEER 16. 2 Building Color - Use of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs - as shown on architectural plans. 2 Lighting - Provide energy efficient lighting such as LED lighting for building interiors for 100% of proposed lighting. 1 Energy star appliances - All appliance with in a building are 100% energy star. 2 Recycle & Waste Reduction Recycle Content in infrastructure For all new roadways, parking lots, sidewalks, and curbs. 2 8 Page 376 of 919 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 9 Recycle station \ dumpster area Recycle chute(s) in Mixed Use Districts and dumpster, which include a recycle station. 1 URBAN NATURE Green Wall - Provide a minimum of 600 square feet of an irrigated vegetated wall, which is visible from right- of-way or private amenities. 4 TRANSPORTATION Parking Structure At least 75% of the development's total number of required off-street parking spaces is contained in a parking deck or garage. 2 Electric Charging Stations - Provide four (4) over the required number of electric car charging stations. 4 Total Points 26 Lighting: The photometric plans (Sheets PH-1 & PH-2) include 19 freestanding pole light fixtures, with pole height of 20 feet. The condition of approval requires the ground level poles and fixtures to match the design of the existing poles and light fixtures along 500 Ocean and Casa Costa. In addition, the condition of approval requires the spot reading to be a maximum of 5.9 foot-candles (see Exhibit "C" — Conditions of Approval). Signage: Site and building signage have not been finalized and a Sign Program must be approved prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Team regarding the art and its placement. The project proposes Public Art throughout the site including utilizing the building walls, site fountains, public courtyards and walkways. RECOMMENDATION Staff has reviewed this request for a New Site Plan and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit"C"—Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)\NWSP 20-003\_StaffReport\_Legacy at Boynton Beach Staff Report(NWSP 20-003)DRAFT.doc 9 Page 377 of 919 EXHIBIT Al — List of Owners & PCNs 206 S Federal Highway 625 SE 2nd Ave 0010 Federal Highway 8-43-45-27-04-000-0090 08-43-45-27-04-000-0010 08-43-45-27-04-000-0131 Bowden INC Sara N Garcia Francisco and Olga Solis 1622 NE 4th Street 625 SE 2nd Ave#A 80 SW 15th Court Boynton Beach, FL 33434 Boynton Beach, FL 33435 Boca Raton, FL 33486 SE 1St Avenue 625 SE 2nd Ave 0020 08-43-45-27-04-000-0650 08-43-45-27-04-000-0020 212 S Federal Highway One Twelve South Fed Maria CS Ruggeri 08-43-45-27-04-000-0150 Hwy INC 3549 Harbor Cir Downtown Properties of W Bingham c/o PO Box South Florida LLC 1182 Delray Beach, FL 33483 4283 Fox Trace Boynton Beach, FL 33425 625 SE 2nd Ave 0030 Boynton Beach, FI 33436 SE 1St Avenue 08-43-45-27-04-000-0030 08-43-45-27-04-000-0670 Linda and Christopher Chiodo Joseph W Scaggs 2515 SW 13th Ct 728 Casa Loma Blvd Boynton Beach, FL 33426 Boynton Beach, FL 33435 625 SE 2nd Ave 0040 SE 1St Avenue 08-43-45-27-04-000-0040 08-43-45-27-04-000-0710 Howard and Marianne DSS Properties Spencer 728 Casa Loma Blvd 731 NE 12th Terrace Apt 1 Boynton Beach, FL 33435 Boynton Beach, FL 33435 Ocean Avenue SE 2nd Ave 08-43-45-27-04-000-0610 08-43-45-27-04-000-0630 Francisco and Olga Solis Francisco and Olga Solis 80 SW 15th Court 80 SW 15th Court Boca Raton, FL 33486 Boca Raton, FL 33486 Page 378 of 919 LOCATION MAP Exhibit A2 sst at z ' s� mx W s F E Ocean Ave Id r S�i• ��'`f��1 3ti�� ,.tG4 � SSE 1stFAV e f. h ii s 5 r � SE-2nd Ave i -4 l�tils5 �� 5 r� Page 379 of 919 Exhibit B — Project Plans Page 380 of 919 oZOL/eo/6o�Ltl°HHf 1j HOV36 NOLNd09 IN" sosce OII IVUN30232J IOS w o oz �N�53�d�� N ��ozo�� sw erv�Nw�,ti oma.a3 � Nd1d �l�s ao�a3avd3ad o 'ad'dwntaoe avnwsor Noaoa adas� �OV39 UJOH��(Aalwi000zaoeL NOINAOS J.OVSEI1 v ��3�oad HHH 6R F� W - J U u v a� <m pAQ< mss 133aiS H19 35 s _ El 6.0 �uw r w w0. 1 1 ea - � nnenen a nnn �a m8 u yu d - 3 t d'3=^ LLEo� T 11 NO u o z ®I g o..o.o-o.E� �LLLL oz��c ----49999499--,0 - �Wd � o000000000aownu w ooa000 E > n 4g 'a �C mao 0-0 4 - 55 m - a a<IrW a --g x� `$ Z w p W 0 g �zzs �zz= - LL H FT Hm eff s o. n W w v . , g a nZ h € W k H f 23 I OY o{ m e , b b mmm.m mmmmmmm,. o � E mmmm ..,,"":`.:=4 /.VMH`JIH ]Vd343J 5 ... .. ... 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E m xl W Nm LLLL�� E�m t 40000 � uF v n� Iv o , q w v p a Eo w 'o mY — s� o= �m �a =�vo �v z E gva�000 n LLL i. IM 41 y LJ M ... .m m�m 1/7 1 NI[ � � Page 38 of 919 b ^ �kW Ah�-tli E� u aa� ------------------- -7a, x Hill HIM �� r ��, n' v 1111111■I'A� �P � :� r, ■�:1�:1�1 I � I NO OUR ■ WHOM 4 ' n I 4A, � } f 77 �i qctcc�d q O�UA09 '4-�H V�—N -M J-xdnO,'d 0 NN I(I S, °1e e�OeeSBZ HDV39 NOiN),O9 iV),:)VE)31 earns l3VdWl wnslA U t Fa Page 390 of 19 EXHIBIT "C" Conditions of Approval Project Name: Legacy at Boynton Beach (GCI Residential) File number: NWSP 20-003 Reference: 41h review of plans identified as a New Site Plan with a September 8, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. City has received an Engineering Waiver request for the driveway X throat depth at the SE 2nd Ave access. The plan appears to have 60 ft in lieu of the required 100 ft. Please provide additional information to support the request. The project is conditioned on the waiver's approval. 2. The left turn movement into the parking garage on SE 2nd Avenue X may require a 12 foot wide left turn lane. Prior to permitting revisions to the design of SE 2nd Avenue are required or the submittal of an Engineering Waiver Request. 3. SE 2nd Ave shall be 22' wide per the City's Engineering Handbook X Detail P-1 "Roadway Design Criteria". The current proposal does not meet this requirement. There is existing back-out parking on the south side of the road that is encroaching onto the ROW. If this cannot be met submit an Engineering Waiver Request with an engineer's justification an opinion regarding any added safety elements included in this design that will allow these spaces to continue to function safely. 4. Prior to construction, developer shall submit a construction staging X plan to the Engineering Department. The plan shall indicate the approach to construction parking, materials staging and other aspects of construction coordination. The plans shall also indicate what will be done to keep traffic from using the driveway between 618 and 630 E Ocean Drive to access the GCI site during and after construction. 5. Prior to building permit approval, the Developer shall provide X evidence of screening the residential windows along the south side of SE 2nd Avenue, specifically 610 SE 2nd Avenue, from vehicle headlights. 6. Prior to building permit approval provide a plan and document X detailing the parking configuration and locating where residents, visitors, employees, and retail customers will park in the parking garage, and the location of access gates. Should the gates cause traffic to stage into the City's right-of-way, post development, the City reserves the right to require the removal or relocation of the gates at the Developers expense. Page 391 of 919 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 2 of 5 7. Prior to permitting the site drainage calculations and plans, X including any existing drainage the site may be receiving from off- site, shall be submitted and approved by the City and the SFWMD and/or DEP. Should the drainage design require changes to the site plan, the developer shall be required to apply for a site plan modification. 8. Note that the existing 48" RCP in the FDOT ROW is the main trunk X line serving 500 Ocean and NE 4th St basin and cannot be taken out of service and rerouted without an acceptable temporary bypass. 9. The trash service shall be a dock height, roll off type compactor X unit. Provide a narrative that describes how trash removal will be handled for the project. Be sure to discuss residential, retail and City Sanitation Division perspectives. How and where will bulk trash be handled? 10. Prior to permitting provide a narrative describing how the delivery X area will be used and what steps will be taken to keep vehicular access open at all times. Note that services provided to this site will need to be able to be provided without accessing private property. 11. Provide an AutoTurn simulation for the City's ASL solid waste X trucks. 12. The access to the dumpster is designed as the City's standard X detail for a Shunt turnaround (see detail P-11). This detail requires a 50 ft stub out with a 30' radius. Revise plans accordingly. 13. Relocate the proposed fire hydrant across the street from the X loading zone further east as its current location interferes with the turning radii. 14. The developer is responsible for replacing the existing FPL street X lighting with underground wires and decorative street lighting to match the west side of Federal Highway and City standards. 15. If the project is utilizing the Downtown Stormwater improvement X Watershed then provide documentation that shows there is available capacity. The "fee-in-lieu-of" capital contribution for properties utilizing the installed storm water treatment and/or conveyance facilities within that watershed are as follows: A. Capital cost per impervious square food for water quality is $2.05 B. Capital cost per impervious square foot for water quantity is $0.18 C. Total capital cost per impervious square foot for Water Quality and Quantity is $2.23. The Fee shall be paid prior to the issuance of a building permit for new construction and/or redevelopment in the Downtown Page 392 of 919 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 3 of 5 Watershed. FIRE Comments: 16. Provide a detail of the proposed fire engine turnaround on 1St X Avenue, include all the applicable dimensions. 17. Provide a plan showing a 300' radius from the center of each fire X hydrants to ensure Code 9-32b is being met. 18. Provide a note on the plans that states access roads shall be X provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft from fire department access roads as measured by an approved route around the exterior of the building or facility. With automatic sprinklers the distance is increased to 450' NFPA 1- 18.2.3.2.2 POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 19. Per City Ordinance, the Park Impact Fee is based upon a factor of X $595 per unit for multi-family dwellings. Based upon the proposed 274 units, the fee will be $163,030 (274 X $595) due at time of building permit issuance. PLANNING AND ZONING Comments: 20. The Abandonment application is lacking consent forms from Utility X providers. The Site Plan approval is contingent on the approval of the Abandonment application (ABAN 20-009). 21. The Art in Public Places form is incomplete. Please indicate the X proposed value of the project, the 1% Art Fee, and the 30% and 70% figures. The Art proposal is to be approved by the City's Art Commission. 22. Enhance the proposed green wall/ landscaped fagade and X architectural elements on the east fa ade to better screen the Page 393 of 919 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 4 of 5 portion of the garage that is not wrapped and is visible from off-site. Ensure that parked vehicles and sloped ramp cannot be seen. 23. Please provide a drawing depicting how the direct pedestrian route X from the garage parking to the commercial spaces and Federal Highway sidewalk will be enhanced, and signed, in order to ensure it is easy for those parking in the garage to locate and follow. The drawing should show an interior view of the garage, depicting signage directing the public to the pedestrian corridor, and how this doorway will be enhanced and signed to easily catch the eye of someone who just parked and is looking for that doorway. 24. Per the Sustainability Code, please provide, and label on the plans, X one (1) Level 2 Electric Charging Station capable of servicing two (2) parking spaces for every 50 units, or fraction thereof, plus one (1) for the non-residential component of the project.. 25. Please provide a detailed typical floor plan for the studio unit, X including square footage. 26. The proposed lighting levels on the roof of the garage exceed the X maximum allowed foot-candles. Please reduce the levels to meet the maximum foot-candles allowed by code (5.9). Staff recommends lowering the height of the light fixtures on the roof to reduce the impact. 27. Per the City's Sustainability Code, please indicate on all X Photometric Plans that all exterior lighting will utilize fixtures within the warm white range. 28. The applicant will be placing, at their cost, all overhead utilities X below ground around the perimeter of the site. 29. Please depict location and footprint of the proposed PalmTran bus X stop. Additionally, please provide a letter of concurrence from Palm Tran. 30. Provide a detail drawing of the proposed bus shelter, designed X utilizing architectural elements, materials and colors matching the proposed building. 31. A Sign Program will need to be submitted and approved prior to X issuance of any signs for the project. 32. Prior to issuance of any permits, a narrative and phasing drawing X shall be provided outlining how the required Two Georges Restaurant will be provided throughout the construction of the project. 33. The proposed landscaping along the east side of the project is X required to meet the Urban Landscape Barrier regulations. Please Page 394 of 919 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 5 of 5 revise the drawings to meet those requirements. 34. Provide a detail of the decorative 6' tall buffer wall to be located X within the landscape barrier along the east property line. 35. Please clearly indicate the location of the required bike racks, X including the architectural design of the covering, if not located within the building. 36. Please correct the parking calculations for the non-residential uses X at 1 parking space per 200 square feet, then revise the total parking calculation total for parking required and parking provided. 37. Provide a detail of the proposed fence/wall separating the amenity X area from the public sidewalk. Proposal should include architectural enhancements and possibly an integrated green /vine wall feature or public art. 38. The project's approval is conditioned upon its participation in the X City's Workforce Housing Program or the project shall conform to the City's density provisions of the Downtown Transit Oriented Development District . COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATION /COMMITMENTS 39. The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton (Legacy at Boynton)\NWSP 20-003\_StaffReport\C0As\Legacy at Boynton NWSP 20- 003 COA.doc Page 395 of 919 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Legacy at Boynton Beach (NWSP 20-003) APPLICANT: Evan Vlaeminck, GCI Acquisitions LLC APPLICANT'S ADDRESS: 25101 CHARGIN BOULEVARD, SUITE 300, BEACHWOOD, OHIO 44122 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 20, 2020 APPROVAL SOUGHT: Request for approval of a New Site Plan Application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. LOCATION OF PROPERTY: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street DRAWING(S): SEE EXHIBIT "B"ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)\NWSP 20-003\_StaffReport\NWSP 20-003 DO.doc Page 396 of 919 8.D. PUBLIC HEARING 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Proposed Ordinance No. 20-036 - Second Reading -Approve the revised and updated City ordinances to regulate the Fire Department. This is a revision of the local fire prevention ordinances as is required by Florida State Statute when a new edition of the Florida Fire Prevention Code has been adopted. Approval of this revision by the Board will allow our fire prevention ordinances to be consistent with the latest version of the Fire Prevention Code and comply with State Statutes. Explanation of Request: Section 9 of the City Ordinances pertaining to fire prevention and control must remain consistent with the latest edition of the Florida Fire Prevention Code which is revised every three (3) years. The statute also requires local government to review local ordinances to ensure that they are consistent with the latest edition of the code. This revision of Section 9 of the City Ordinances complies with this statutory requirement. How will this affect city programs or services? The adoption of this revision will allow the Fire Department and the City of Boynton Beach to comply with State Statutes. It will update our local ordinances to become consistent with the Florida Fire Prevention Code. Ambiguous and outdated language has been revised to increase clarity and to improve our ability to deliver the best service to our community. Fiscal Impact: Non-budgeted N/A Alternatives: N/A Strategic Plan: Strategic Plan Application: Approval of this revision will update the local ordinance, the plans review, permitting, and our annual fire inspection activities. CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: Page 397 of 919 ATTACHMENTS: Type Description D Ordinance Ordinance approving the update of the Fire Prevention Code Page 398 of 919 I ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING CHAPTER 9, "FIRE PROTECTION 5 AND PREVENTION" TO UPDATE THE CITY CODE AS IS 6 REQUIRED BY FLORIDA STATUTE WHEN A NEW 7 EDITION OF THE FLORIDA FIRE PREVENTION CODE 8 HAS BEEN ADOPTED; PROVIDING FOR REPEAL OF 9 LAWS IN CONFLICT, SEVERABILITY, CODIFICATION 10 AND AN EFFECTIVE DATE. ii 12 WHEREAS, Section 9 of the City Ordinances pertaining to fire prevention and control 13 must remain consistent with the latest edition of the Florida Fire Prevention Code which is 14 revised every three (3)years; and 15 WHEREAS, pursuant to Florida Statutes, local government is required to ensure that 16 they are consistent with the latest edition of the Florida Fire Prevention Code. 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 18 CITY OF BOYNTON BEACH, FLORIDA THAT: 19 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 20 as being true and correct, and are hereby incorporated herein and made a part hereof. 21 Section 2. Chapter 9 entitled "Fire Protection and Prevention" of the Code of 22 Ordinances is hereby amended to read as follows: 23 Chapter 9 FIRE PROTECTION AND PREVENTION 24 25 Art. I. General, §§ 9-1-9-4 26 Art. II. Fire Alarms and Automatic Fire Alarm Extinguishing Systems, §§ 9-S-9-10 27 Art. III. Fire Codes, §§ 9-11-9-18 28 Art. IV. Fire and Life Safety Division, §§ 9-19-9-133 29 3o ARTICLE L GENERAL 31 32 Sec. 9-1. Boynton Beach Fire Code; fire codes adopted. S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 399 of 919 I The Florida Fire Prevention Codthe Florida versions of 2 1heNF9AlFire Prevention Code, Uion, and theNF9AlUlLife Safety | 3 Code, Uion, and any subsequent additions adopted bystate statute, are 4 adopted anthe fire prevention code o[the city. These standards and codes are hereby 5 adopted and incorporated anfully ani[set out atlength inthis section. Not less than one 6 (l) copy o[the adopted issue o[the NF9A Fire Prevention Code, ;2�61S� | 7 2O18Bedidon,the NF9AlUlLife Safety Code, didon, and any subsequent 8 additions adopted bystate statute shall befiled inthe office o[the City Clerk, and the 9 provisions thereof shall becontrolling within the limits o[the city, and within any 10 municipality which has entered into aninterlocal agreement orcontract for services ll from Boynton Beach Fire Rescue unless otherwise provided for. 12 13 Sec. 9-2. Enforcement authority. 14 (a) All regulations issued by the State Fire Marshal under authority o[F.S. Ch. 688 15 shall beenforceable by the Fire Chief and the Fire Marshal, ordesignee. The Fire 16 Marshal inhereby authorized toperform within the city any duties that may be imposed 17 upon by such law, or in accordance therewith, and to have such assistance, as needed, 18 from other officials o[the city inthe discharge o[such duties. 19 (b) Periodic fire safety inspections. 20 (l) The Florida Fire Prevention Code and the Florida statutes provide that each 21 municipality, county, and special district with fire safety responsibilities inrequired to 22 enforce the Florida Fire Prevention Code. Such enforcement requires inspections o[ 23 each new structure orbuildings whose occupancy type andefined by the state statute 24 and the Florida Fire Prevention Code. Fire safety annual inspections shall beconducted 25 oneach existing structure orbuilding andefined by the F.S. Ch. 688and the Florida Fire 26 Prevention Code anadopted by the State Fire Marshal. 27 (2) No such building shall beoccupied without the required fire safety 28 inspection. The frequency o[the inspections shall beannually oranotherwise 29 determined by the Fire Marshal. A building occupied inviolation o[this section in 30 subject toafine o[five hundred dollars ($5UU.UU) per day. Each day constitutes a 31 separate and continuing offense. The city may enforce this provision o[the code by 32 action before the Code Enforcement Board,by notice to appear for violation of a 33 municipal ordinance, orbyaction for injunctive relief. The fines provided herein are in 34 addition tothe penalties authorized byF.S. 82U5.U58. 35 (3) The inspection orpermitting o[any building orplan under the requirements o[ 36 this code shall not be construed as a warranty of the physical condition of such building 37 orthe adequacy o[such plan. The city orits employees shall not beliable intort for 38 damages for any defect orhazardous orillegal condition orinadequacy insuch building 39 orplan, orfor any failure o[any component o[such building,which may occur 40 subsequent tosuch inspection orpermitting, pursuant tothis code. 41 (4) Records o[all system inspections,tests and maintenance required by the 42 referenced standards shall be maintained on the premises for a minimum of three (3) 43 years, and shall be provided to the fire district through a third-party inspection 44 reporting system,. 8:\CA\0nib/mncus\FbzProtection and Prevention Chapter 9(2020)'0nib/mncu.docx 12 Page 400Of919 1 2 Sec. 9-3. Examination of building permits. 3 (a) No building permit shall be issued by the Building Department for new 4 construction, demolition, moving of existing buildings or renovation of existing 5 structures normally requiring a building permit until a complete set of plans and/or 6 specifications have been examined and approved by the Fire and Life Safety Division. 7 (b) No building that requires a certificate of occupancy (CO) from the Building Official 8 shall be occupied for any purpose until a Fire Department fire final inspection has been 9 approved. 10 (c) Nothing in this section shall apply to single-family or duplex residential I I units. Exceptions: fire sprinkler systems, generators, or gas installations. 12 (d) When work for which a permit is required by this chapter is started prior to 13 issuance of a permit,the fees herein specified shall be four (4) times the original fees. 14 (e) The payment of such fees shall not relieve any person from fully complying with 15 the requirements of this chapter in the execution of the work, nor from any other 16 penalties prescribed herein. 17 18 Sec. 9-4. Penalty for violations. 19 (a) Failure to comply with any provisions of this chapter shall be deemed a violation. 20 (b) Any person or entity violating any provision of this chapter shall be punishable as 21 provided in the Florida Fire Prevention Code, section 1.16 4-4-6 of NFPA 1, and as 22 provided in the City of Boynton Beach Code of Ordinances. 23 (c) The application of a penalty for violation of this chapter shall not be held to 24 prevent the enforced removal of prohibited conditions. 25 26 ARTICLE II. FIRE ALARMS AND AUTOMATIC FIRE EXTINGUISHING SYSTEMS 27 28 Sec. 9-S. Automatic fire protection systems. 29 Existing building or structure, for purposes of this section, means a building or 30 structure for which an application for building permits is sought after the date of the 31 adoption of this chapter. 32 (a) All automatic fire protection systems (i.e., sprinkler, standpipe, fire pump systems 33 and other suppression systems) shall be maintained under a written service contract 34 with service companies licensed by the State of Florida to provide such services, and 35 which possess a current business tax receipt for the city, providing for regular 36 maintenance and testing of the systems in accordance with all applicable codes and 37 standards. 38 (1) The service company performing the maintenance and tests shall forward a 39 written report to the Fire and Life Safety Division, indicating the nature of any repairs, 40 modifications and/or corrections completed by the service company, the date and time 41 of such tests and inspections, and any other information which may be required by the 42 Fire Rescue Department. In addition, a copy of the service report must be maintained on 43 the premises, and it shall be subject to inspection at any time. S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 401 of 919 1 (2) All fire alarm signal systems, automatic extinguishing and/or detection systems 2 shall be provided with an approved annunciator panel designed to indicate the floor 3 number and the section of the building reporting a fire alarm or fire condition. Each 4 alarm-initiating device shall indicate an individual location on such annunciator. The 5 alarm initiating device shall indicate its individual location to the monitoring central 6 station. The annunciator shall respond to either manual or automatic devices, and all 7 devices within the system shall be connected to the annunciator. The location of the 8 annunciator panel shall be designated by the Fire and Life Safety Division, and it shall be 9 so located as to be immediately available to the Fire Rescue Services Department at all 10 times. In a complex with multiple buildings, each building shall have its own transmitter I I for alarm signal disposition to the central station. 12 13 14 _._. ae•-�nr� �'.2(�d�°d(°��$'k c•t'ea-Be.nra_.. -„_ �avrea �narrely d•6�^-e1� G:rc_ ... ,;g„y :d x,te�9�� ^-ervraaraer r "1 ena 'fl �'�a:.�:e'x'.. 15 16 (3) Approved automatic fire sprinkler systems, as hereinafter defined, shall be 17 installed throughout the following buildings and structures: buildings of an institutional 18 or educational character, hospitals, nursing homes, homes for the aged, convalescent 19 centers, rehabilitation facilities, day care centers for more than twelve (12) clients under 20 one (1) year of age, adult congregate living facilities, and all occupancies and uses of 21 similar nature to those herein stated, without regard to the type of construction or 22 height of the building involved. 23 J4J {b} All buildings having a fire sprinkler system shall have an A*approved audible 24 and visual waterflow alarm (horn/strobe) �e provided on the exterior of the 25 building in an approved location, facing the street front of the building. 26 JSJ{c4 All buildings having a fire alarm sys em shall have a A weatherproof 27 horn/strobe or speaker/ strobe shall be installed directly above the key box at a height 28 easily seen upon approach to the area. 29 I(b) Where a listed pressure regulating device and/or a pressure reducing valve is 30 required for the fire department standpipe hose connection it shall be a listed field 31 adjustable device and not factory set[M] 32 33 Sec. 9-6. Fire alarm system certification requirements. 34 (a) The applicant for a required fire alarm installation permit shall submit to Fire 35 Rescue Services Department plan review, along with the permit application, 36 documentation listing the NRTL central station for the alarm system, and provide 37 documentation of the Nationally Recognized Testing Laboratory (NRTL) certification at 38 time of acceptance testing of the fire alarm system or added components. 39 (b) The applicant must demonstrate that the fire alarm monitoring will be performed 40 by a NRTL certificated central station. 41 (c) All required NRTL certificated fire alarm systems must maintain NRTL compliance 42 and NRTL monitoring. 43 44 Sec. 9-7. False alarm signal service charge; collection. S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 402 of 919 I (a) For response to excessive false alarm signals by the Fire Rescue Department,the 2 alarm user shall be charged a service fee by the city, as established by resolution of the 3 City Commission and on file in the City Clerk's office, for the first false alarm signal in 4 excess of three (3) false alarm signals in any twelve (12) month period, a service fee as 5 established by resolution of the City Commission for the second false alarm signal in 6 excess of three (3) in any in any twelve (12) month period, and a service fee as 7 established by resolution of the City Commission for the third and each successive false 8 alarm signal in excess of three (3) in any twelve (12) month period. The provisions of 9 this section shall not apply for a period of three (3) months from the date a permit is 10 issued by the city for the installation of an automatic fire detection system. The Fire I I Marshal shall determine whether a false alarm signal has been transmitted and the 12 frequency of such false alarm signals, and the city shall notify alarm users of the amount 13 owed to the city and shall make demand thereof pursuant to the provisions of this 14 section. 15 (b) False alarms could also be defined as excessive public assist calls wherein no 16 medical services are provided. 17 18 Sec. 9-8. Alarm registration. 19 All required fire alarm systems must comply with the requirements of Chapter 2.5. of 20 the City of Boynton Beach Code of Ordinances. 21 22 Sec. 9-9. Fire protection water supply requirements. 23 - (a) In accordance with NFPA 24 2016 r'�Section 5.1.1, design of water-based 24 suppression systems that are not supplied by fire pumps, shall be based on drought 25 conditions of(forty-five (45) psi static pressure as determined the�e Bo to 26 Beach Utilities Departments. 27 (b) New construction projects must provide the results of a hydrant flow test 28 performed by the Fire Rescue Department, indicating a fire flow not less than one 29 thousand five hundred (1,500) gpm @ twenty (20) psi above domestic use. This applies 30 to new or existing hydrants within the required treetwe hundred 300 (200) feet of 31 the facility. 32 33 theusand (3,000) gpm @ twenty (20) psi abeve d—e-pnestie use. 34 _ (c) Hydrants not in service (no water available) shall be covered with a black plastic 35 bag so as not to be mistaken for active hydrants available for fire suppression. 36 (d) All exterior fire protection piping must be painted red or a contrasting color from the 37 building. 38 (e) Water meters are prohibited on fire sprinkler supply lines. 39 40 41 Sec. 9-10. Fire hydrants and Fire Department connections. 42 (a) Reflective blue markers shall be placed to indicate the location of a hydrant. S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 403 of 919 I (b) Reflective red markers shall be placed to indicate the location of Fire Department 2 connections to a sprinkler or standpipe system. 3 (c) Fire hydrants shall be painted red in accordance with specifications approved by 4 the Fire Chief. 5 - (d) A fire hydrant shall be located within one hundred (100) feet of the Fire 6 Department connection, along access roadways with all-weather driving surfaces, 7 distance measured as the fire truck travels. 8 (e) Fire Hydrants shall be located at the main entrance to any development and every five 9 hundred (500) feet thereafter for one- and two-story family dwellings and every three hundred 10 (300) feet thereafter for all other buildings. 11 12 13 ARTICLE III. FIRE CODES 14 15 Sec. 9-11. Open fires. 16 (a) Defined.-Open fires are defined as any outdoor fire or open combustion of 17 material, except barbecuing. Charcoal and propane fires, contained within a 18 manufactured hibachi, grill, smoker or gas grill for food preparation, do not constitute 19 open burning. 20 (b) Prohibited generally. It shall be unlawful to have any open fires within the city 21 limits on public or private property, except for fire training purposes or recreational or 22 ceremonial occasions for which written permits from the Fire Rescue Department are 23 required. 24 (C) Listed electric portable, tabletop grills, not to exceed 20"suare inches of cooking 25 surface, or other similar apparatus shall be permitted.as lone as the balmnis not 26 enclosed. 27 28 Sec. 9-12. Roadway security gates and emergency access. 29 (a) All security gates across roadways used by emergency response vehicles must be 30 provided with an authorized key box or key switch to operate the gate, in addition to any 31 other devices specified by the Fire Chief. Information on where authorized key security, 32 boxes can be obtained is available from the Fire and Life Safety Division. 33 (b) In case of power failure, any electronic gate shall open automatically and remain 34 open until power is restored. 35 (c) In the event that emergency personnel are unable to gain rapid entry with the 36 methods above, forcible entry methods to gain entry may be used. The city and/or the 37 Fire Rescue Department shall not be responsible for, nor incur any costs as a result of 38 gaining access to a specific area. 39 - (d) Trees with branches over areas accessible to fire apparatus must maintain sixteen 40 (16) feet of vertical clearance. Vegetation shall not intrude into the roadway such that 41 would limit the free passage of emergency vehicles. 42 (e) Fire lanes shall be established and maintained on private property where the public has the 43 right to travel by motor vehicle, or where the public is permitted by invitation or by license to S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 404 of 919 I travel by motor vehicle, to the extent that any such lane is necessary for access to buildiDgLba"Lfire 2 trucks or other firefighting apparatus, as determined by the Fire Chief and/or the Fire Marshal, 3 or designee. 4 5 6 Sec. 9-13. Key boxes/entry systems. 7 In all new and existing buildings, except individual residential dwelling units of any 8 kind,there shall be installed a key box for such areas or buildings, when the Fire 9 Marshal, determines that access to or within a structure or an area is unduly difficult 10 because of secured doors and windows, security gates, or where immediate access is I I necessary for all life-saving or firefighting purposes. The key box shall be a type 12 approved by the Fire Marshal, and shall contain: 13 (a) Keys to locked points of egress,whether in common areas or on the interior or 14 exterior of such buildings; 15 (b) Keys to locked mechanical equipment rooms; 16 (c) Keys to fire alarm control panels; 17 (d) Keys to suppression system components; 18 (e) Keys to locked electrical rooms; 19 (f) Keys to elevator controls; and 20 (g) Keys to other areas where fire rescue personnel may need emergency access as 21 directed by the Fire Marshal. The Fire Marshal shall approve the location of the lock 22 box. 23 24 Sec. 9-14. Control of automatic elevators; emergency use. 25 (a) Emergency auxiliary power required. 26 (1) Emergency auxiliary electrical power shall be provided for all elevators 27 equipped with the key switch service for Fire Rescue Services Department 28 personnel. The auxiliary power supply shall be capable of supplying power to the 29 elevators for a period of at least twenty-four (24) hours. The auxiliary power supply 30 shall be approved by the Fire Rescue Services Department. 31 (2) Emergency auxiliary power shall remain on for the car in use by firefighters 32 regardless of selection switch devices,which may also be installed to rotate emergency 33 power to other cars in the building. 34 (3) No more than ten (10) seconds shall be required for the auxiliary power to be in 35 full operation and the operation of the emergency power supply shall automatically 36 transfer to the firefighters' service car. 37 (4) A maintenance schedule shall be maintained in the generator equipment room to 38 record all tests and operation of such auxiliary power equipment. The records shall be 39 posted and available to the Fire Rescue Services Department at all times. 40 (S) All auxiliary power equipment and automatic transfer apparatus shall be tested 41 weekly. 42 (6) For all buildings designed and constructed having separate towers, each tower 43 shall be treated as though it were a separate building. S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 405 of 919 I ( ) In all buildings equipped with automatic elevators, at least one (1) ded 2 elevator servicing all floors o[the structure shall bearranged for emergency use 3 (firefightern' service) by Fire Department personnel. The control o[automatic elevators 4 shall meet the requirements as set forth under the state elevator code and ASME/ANSI, 5 Al7.l. 6 (1c-) Emergency use elevator tobeidentified by a sign at least 3 inches by 2 inches 8 —(2) Fire fighter emergenc- elevators shall have a platform with dimensions of at least 6 feet 9 deep by 5 feet, 5 inches wide. 10 Fire fire fighter emergency elevators shall be at least 6 ll feet, 8 inches high by 3 feet wide. | 12 (4) Fire fighter emergency elevators shall have a weight capacity of at least 3,500 pounds. / 13 (d) Antandard emergency access door key shall be provided for all elevators in the 14 city. |5 16 Sec. g'lS. Fireworks. 17 (a) The term fireworks shall mean and include any combustible or explosive 18 composition, or any substance or combination of substances, or article prepared for the 19 purpose o[producing avisible or an audible effect by combustion, explosion, 20 deflagration or detonation, an defined by F.S. Ch. 791. 21 (b) The Fire Marshal may adopt reasonable rules and regulations for the granting of 22 permits for supervised displays o[fireworks by the city, fair associations, civic groups, 23 and other organizations or groups of individuals. Prior to any outdoor use of fireworks, 24 pyrotechnic special effects, flame effects, orany other item listed in subsection (a) or (b) 25 of this section, a permit shall be obtained from the City Manager, or designee, after 26 submission o[anapplication for such permit and payment o[anapplication fee. Such 27 outdoor use shall be in accordance with NF9ACode 1128 and NF9ACode 1124. The City 28 Manager, ordesignee, may include such conditions insuch permit andeemed necessary 29 to ensure compliance with all applicable requirements and protect the public health, 30 welfare and safety, including, but not limited to, payment o[inspection fees. No permit 31 granted hereunder shall betransferable. 32 (c) Before the issuance of permit for a display of fireworks, the applicant shall 33 furnish proof of financial responsibility, in the form of liability insurance with a 34 minimum o[one million dollars ($l,UUU,UUU.UU) coverage for each occurrence tosatisfy 35 claims for damages to property or personal injuries arising out o[any act or omission on 36 the part of the applicant, or any agent of employee thereof, in such amount, character 37 and form as the Fire Marshal determines to be necessary for the protection of the public. 38 (d) No permit shall be issued under the provisions of this section to an applicant not 39 having anestablished place o[business within the state for conduct o[adisplay o[ 40 fireworks until the applicant has fulfilled the legal requirements for service o[process 41 upon the person or entity seeking a permit. In the case of a corporation, proof of 42 registration, with the Secretary o[State, ananonresident corporation shall berequired. 43 (e) During times of water shortages or water shortage emergencies, as determined by 44 the South Florida Water Management District and/or the city and defined in Chapter 8:\CA\0nib/mncus\FbzProtection and Prevention Chapter 9(2020)'0nib/mncu.docx 12 Page 406 Of 919 I 40E-21, Florida Administrative Code, as it maybe amended from time to time; the 2 possession, use. or sale of consumer fireworks, including sparklers as defined in F.S. § 3 791.01(8), is prohibited within the city limits without a permit as discussed above. 4 5 Sec. 9-16. Fees for fire code inspections and other fire code inspection-related services. 6 Fees shall be charged to the user/consumer for new construction permits, inspections 7 and yearly fire prevention code inspections and re-inspections performed on structures 8 or buildings by the Fire Rescue Department, as set forth in a resolution adopted by the 9 City Commission. Fees for other fire code inspection-related services, including,but not 10 limited to, fire pump tests, hydrant tests, and preliminary plans review, shall be charged 11 to the user/consumer as set forth in a resolution adopted by the City Commission. 12 13 Sec. 9-17. Requirements for high-rise buildings. 14 The following life safety features shall be provided and maintained in working order 15 by the property owner in accordance with approved plans and specifications, and shall 16 be tested, certified and proved to be in proper working condition, at the owner's cost, to 17 the satisfaction of the Fire Marshal, before issuance of the certificate of compliance. 18 (a) Equipment storage rooms. Equipment rooms or areas, as dese-pileed i thevi-pe 19 r epaFtment Pest g„ G�44e, for purpose of storing equipment for Fire Department use 20 shall be provided. 21 22 Sec. 9-18. Public safety radio communication system. 23 In all new buildings, minimum radio signal strength for public radio signals shall be 24 required within the building. In buildings that cause reduction of public safety, radio 25 signals below the acceptable level for reliable communications, a bi-directional amplifier 26 (BDA) shall be required. In buildings where phone jacks are required as part of an alarm 27 system, a BDA shall be installed and maintained by the building owner, in lieu of the 28 phone jacks. Installation and signal strength shall be the minimum requirements per 29 NFPA 1,Annex (in Building Safety B-ad-i-eE-A-h-aneement Systems) or NFPA 72 30 edition, or as specified by the AHJ. 31 (a) A i2reliminary survey test shall be co meted to determine the available si nal 32 strength referencing NFPA 72 33 (bl If a radio system is required based upon the initial survey test, the engineer shall 34 submit a complete set of drawings that identifies all critical and noncritical areas. 35 The final Drawing will be aDDroved and used as the minimum design 36 requirements for obtaining a fire installation per it. 37 c A final radio signal test report shall be provided prior to the final fire inspection 38 and all updated drawings 39 4o ARTICLE IV. FIRE AND LIFE SAFETY DIVISION 41 42 Sec. 9-19. Inspection complaint; order to remedy danger; evacuation of occupied 43 buildings or structures. S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 407 of 919 I (a) The Chief of the Fire Rescue Services Department,the Fire Marshal, or Fire 2 Inspector of the Fire and Life Safety Division may order the immediate cessation of any 3 activity, operation or process, when such operation, activity, or process is deemed to 4 constitute a severe and immediate hazard to persons or property. 5 (b) It is unlawful for any person who, after being served with either a verbal or 6 written order to cease such severe and immediate hazardous activity, operation or 7 process, to fail or refuse to comply with such an order. 8 (c) The Fire Marshal, or designee, may order the immediate evacuation of any 9 occupied building or structure or assembly area when such building, structure or 10 assembly area is deemed hazardous due to fire hazard, obstruction to exits, 11 overcrowding of the premises, or any other hazard or potential which presents 12 immediate danger to the occupants. The premises, or any portion thereof, may not be 13 reoccupied until it has been examined and deemed free of the hazard or potential which 14 caused the evacuation to be ordered. Persons refusing to obey either a verbal or written 15 order of the Fire Marshal, or designee, shall be subject to immediate arrest. 16 17 Sec. 9-20. Authority to require employment of standby emergency services personnel 18 for events held within the city. 19 (a) The Fire Marshal, or designee, is hereby authorized to require the employment of 20 one (1) or more standby city emergency services personnel,by any owner, lessee, agent 21 or promoter, when in the Fire Marshal's opinion it is essential that such personnel be on 22 duty in any place of public assembly or any other place where people congregate. The 23 determination that standby emergency services personnel are required shall be based 24 upon the number of persons in attendance and the nature of the performance, 25 exhibition, display, contest, event or activity. While so employed, such personnel shall 26 he subject to the Fire Chief's orders at all times, and shall be in uniform and remain on 27 duty during the times such places or events are open to the public, or when the activity 28 is being conducted. Paramedics or EMTs shall not be required or permitted,while on 29 duty, to perform any other duties than those specified in this article. 30 (b) Standby emergency services shall be provided exclusively through the City Fire 31 Rescue Department. The Fire Rescue Department is authorized to charge for services 32 rendered under this section,based upon the Fire Rescue Department's cost to provide 33 the required level of emergency services, including any administrative expenses. The 34 Fire Chief may reduce or waive fees if deemed appropriate. 35 36 Sec. 9-21. Definitions; authority and responsibility; cost recovery for special operations 37 and cleanup of hazardous materials. 38 (a) For the purpose of this section,the following words and phrases shall have the 39 meanings given herein: 40 (1) Costs. Those necessary and reasonable costs incurred by the city in connection 41 with investigating, mitigating, minimizing, removing or abating discharges of hazardous 42 substances, or in connection with costs incurred by any activity of the special or tactical 43 operations unit, including, but not limited to, actual labor costs of city personnel or its 44 authorized agents; costs of equipment operation and rental; costs of expendable items, S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 408 of 919 I including, but not limited to, firefighting foam, chemical extinguishing agents, absorbent 2 material, sand, recovery drums, acid suits, acid gloves, goggles and protective clothing. 3 (2) Discharge. Any intentional or unintentional action or omission resulting in the 4 releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous 5 substance upon public or private property located within the corporate limits of the city. 6 (3) Hazardous substances. Any substances or materials in a quantity or form which, 7 in the determination of the Fire Department, pose an unreasonable and imminent risk to 8 the life, health, safety of welfare of persons or property within the city, and shall include, 9 but not be limited to,those substances listed in the NFPA guide on hazardous materials, 10 the EPA's list of extremely hazardous substances, or the Florida substance list 11 promulgated by the State Department of Labor and Employment Security. 12 (b) The. Fire Rescue Department is hereby authorized to take such steps as necessary 13 to clean up, remove or abate the effects of any hazardous substances discharged upon or 14 into public or private property or facilities located within the corporate limits of the city, 15 and is authorized to use its special or tactical operations unit to effectively deal with 16 specific emergencies, including,but not limited to, high-angle, confined-space, and other 17 forms of vertical rescue. 18 (c) Any person responsible for causing or allowing an unauthorized discharge of 19 hazardous substances which requires action by the Fire Rescue Department, or its 20 authorized agents, in order to protect the public health, safety or welfare, shall 21 reimburse the city for the full amount of all costs associated with the investigating, 22 mitigating, minimizing, removing and abating any such discharge, or otherwise 23 providing relief to a life-threatening situation involving special and tactical 24 operations. Reimbursement shall be made within thirty (30) days after receipt of an 25 itemized bill for such costs from the city. 26 (d) When responding to the emergency caused by the unauthorized discharge of 27 hazardous substances, or to an emergency requiring the use of the special or tactical 28 operations unit,the Fire Rescue Department shall keep a detailed record of the costs 29 attributable thereto. 30 (e) The authority to recover costs under this section shall not include costs incurred 31 for actual fire suppression services,which are normally or usually provided by the Fire 32 Department or its authorized agents. 33 (f) Any person responsible for causing or allowing an unauthorized discharge of 34 hazardous substances, or responsible for an emergency requiring the use of the special 35 operations and tactical unit, and who fails to reimburse the city within the,time set forth 36 herein, shall be subject to a late fee in the amount of ten percent(10%) of the total 37 amount of the bill for each additional day that the bill for such costs remains unpaid. 38 (g) The remedy provided for in this section shall be supplemental to and in addition 39 to all other available remedies by law and equity. 40 41 42 Section 3. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 409 of 919 I in conflict herewith be and the same are hereby repealed to the extent of such conflict. 2 Section 4. If any clause,section,or other part or application of this Ordinance shall be 3 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 4 or invalid part or application shall be considered as eliminated and so not affecting the validity of 5 the remaining portions or applications remaining in full force and effect. 6 Section 5. This Ordinance shall become effective on passage. 7 FIRST READING this_day of October, 2020. 8 9 SECOND, FINAL READING AND PASSAGE this day of . 2020. 10 I1 CITY OF BOYNTON BEACH, FLORIDA 12 YES NO 13 14 Mayor— Steven B. Grant 15 16 Vice-Mayor—Ty Penserga 17 18 Commissioner—Justin Katz 19 20 Commissioner—Woodrow L. Hay 21 22 Commissioner— Christina L. Romelus 23 24 VOTE 25 ATTEST: 26 27 28 29 Crystal Gibson, MMC 30 City Clerk 31 32 33 (Corporate Seal) 34 S:ACA\Ordinances\Fire Protection and Prevention Chapter 9(2020)-Ordinance.docx 12 Page 410 of 919 8.E. PUBLIC HEARING 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Proposed Ordinance No. 20-037 - Second Reading - Approve amending the LAND DEVELOPMENT REGULATIONS, revising Chapter 3. Zoning, Article III. Zoning Districts and Overlays, Section 8.E. Downtown Transit-Oriented Development District (DTODD) Overlay, to add a density provision in support of workforce housing in MU-2, MU-3, MU-4 and MU-C zoning districts. Explanation of Request: Currently, projects located in the Downtown Transit-Oriented Development District (DTODD) Overlay can avail themselves of 25% density and height bonuses through participation in the City's Workforce Housing Program (W HP). Both construction (on-and off-site) and a fee-in-lieu can be considered. The CRA Plan future land use (FLU) recommendations for lands within the DTOD District are predominantly high-density categories of MXH and MXM. A large share of these properties are already reclassified, though most are not yet rezoned to the corresponding mixed-use zoning districts. The potential for high density— including an additional density bonus— contributed to dramatic rise of the area land prices in recent years, resulting in extremely high development costs in the City's downtown. Expensive multi-level structured parking, required in the highest density projects, further jeopardizes project viability. The density bonus available through the W HP would make such projects feasible; however, the reviews of the program by the private sector indicate that major revisions are needed for the program to both achieve its goal and make it work for developers. While revisions to the W HP are forthcoming, the proposed amendment would constitute another tool to increase the number of units in the DTOD District and support workforce housing for the moderate-income households. Staff is also evaluating other attainable housing-supportive amendments to the Land Development Regulations. The proposed amendment would allow a multi-family dwelling not exceeding 750 square feet of habitable space and located in MU-2, MU-3, MU-4 and MU-C zoning districts within the Downtown Transit-Oriented Development District (DTODD) to be counted as one-half unit (1/2) for the purpose of the density calculation. A development will meet the requirements of the proposed amendment if: • The density calculated by counting the units sized 750 square feet or smaller as half-units does not exceed the maximum density of the zoning district; and • The density calculated by counting each individual unit as a whole unit does not exceed the maximum density of the underlying future land use classification in the DTODD as established by the Future Land Use Element of the Comprehensive Plan. Additionally, dwellings subject to the proposed amendment would be limited to studio-and one-bedroom units. No specific affordability requirements would be attached to the units, but their size may keep rents at a level potentially affordable to moderate-income households. The units would be targeting small households such as young professionals, married couples without children, small families, or single adults. Page 411 of 919 In addition to expanding attainable housing options, the amendment would: • Increase overall supply of housing, with choices for different generations/lifestyles. • Encourage higher population density in proximity to public transit; specifically, increase gross density in the station area in support the future Coastal Link Commuter service. • Foster implementation of the CRA Plan's vision for a successful, lively downtown through added demand for retail and restaurant uses. • Address the financial feasibility issue as described in the "Background' section above. Under the proposed code amendment, no height increases will be allowed above the maximums determined by the zoning districts. Lastly, it's noteworthy that this concept of allowing small units to be counted at one-half a dwelling unit is currently being utilized in Sarasota, and in Martin and Broward counties. The Planning and Development Board reviewed this item at its October 27, 2020 meeting and forwards it with s recommendation of denial. How will this affect city programs or services? No direct impact on programs or services Fiscal Impact: Potential increase in tax revenues Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending LDR Chapter 3, Article I I I DTODD D Staff Report Staff Report Exhibit LDR amendment D Location Map TOD Map Page 412 of 919 1 2 ORDINANCE NO. 20- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 6 FLORIDA AMENDING THE LAND DEVELOPMENT 7 REGULATIONS CHAPTER 3 "ZONING", ARTICLE III, 8 "ZONING DISTRICTS AND OVERLAYS," SECTION 8.E. 9 DOWNTOWN TRANSIT-ORIENTED DEVELOPMENT 10 DISTRICT (DTODD) OVERLAY, TO ADD A DENSITY 11 PROVISION IN SUPPORT OF WORKFORCE HOUSING IN 12 MU-2, MU-3, MU-4 AND MU-C ZONING DISTRICTS; 13 PROVIDING FOR CONFLICTS, SEVERABILITY, 14 CODIFICATION AND AN EFFECTIVE DATE. 15 16 17 WHEREAS, Currently, projects located in the Downtown Transit-Oriented 18 Development District (DTODD) Overlay can avail themselves of 25% density and height 19 bonuses through participation in the City's Workforce Housing Program (WHP); and 20 WHEREAS, the proposed amendment would allow a multi-family dwelling not 21 exceeding 750 square feet of habitable space and located in MU-2, MU-3, MU-4 and MU-C 22 zoning districts within the Downtown Transit-Oriented Development District(DTODD)to be 23 counted as one-half unit(1/2) for the purpose of the density calculation; and 24 WHEREAS, while revisions to the WHP are forthcoming,the proposed amendment 25 would constitute another tool to increase the number of units in the DTOD District and support 26 workforce housing for the moderate-income households; and 27 WHEREAS, the City Commission of the City of Boynton Beach has considered the 28 recommendations and has determined that it is in the best interest of the citizens and residents 29 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 30 Regulations as contained herein. 31 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 33 Section 1. The foregoing whereas clauses are true and correct and are now ratified I S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-004)(DTODD) -Ordmance.Docx Page 413 of 919 34 and confirmed by the City Commission. 35 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 36 "Zoning", Article III, Zoning Districts and Overlays, Section 8.E. Downtown Transit- 37 Oriented Development District (DTODD) Overlay, to add a density provision in support of 38 workforce housing in MU-2, MU-3, MU-4 and MU-C zoning districts is hereby amended as 39 follows: 40 E. Downtown Transit-Oriented Development District(DTODD) Overlay. 41 1. Intent. This overlay implements Policy No. 1.18.1 of the Comprehensive Plan's 42 future land use element which establishes the DTODD to improve land development 43 patterns around the future station of the planned commuter service. The overlay's features 44 further enhance the vision embodied by mixed-use zoning districts with increased density 45 and intensity as well as strong emphasis on interconnectivity throughout the area. 46 2. Defined. The DTODD Overlay coincides with the Station Area of a one-half(t/2) 47 mile radius around the intersection of Ocean Avenue and the Florida East Coast rail 48 corridor, which is the anticipated location of the Downtown Boynton Beach Station for the 49 planned commuter Tri-Rail Coastal Link service on the FEC Corridor. 50 3. General. See additional standards and requirements for mixed-use (urban) districts 51 based on the proximity to the planned train station in Chapter 3, Article III, Section 5.A. 52 4. Use(s) Allowed. For the DTODD, allowed uses are based on the underlying zoning 53 district. See"Use Matrix," Table 3-28 in Chapter 3, Article IV, Section 3.D. 54 5. Building and Site Regulations. See Chapter 3, Article III, Section 5.C. 55 6. Density Within the MU-2 MU-3 MU-4 and MU-C Zoning Districts. 56 Efficiencv and one-bedroom units which are 750 square feet or less may count as 57 one-half(1/2) a unit. When using this provision, the density shall not exceed: 58 a. The maximum density of the underlying zoning district when counting units using 1/2 59 density units, and, 60 61 b. The maximum density of the underlyin future land use classification in the TOD, 62 when counting each individual unit as a whole unit. 63 64 7. Additional Standards. See Chapter 4, Article III, Section 6.H. for additional 65 standards related to urban design and building location for properties located within the 66 transit core of the Station Area. 67 68 Section 3. Each and every other provision of the Land Development Regulations 69 not herein specifically amended, shall remain in full force and effect as originally adopted. 2 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-004)(DTODD) -Ordmance.Docx Page 414 of 919 70 Section 4. All laws and ordinances applying to the City of Boynton Beach in 71 conflict with any provisions of this ordinance are hereby repealed. 72 Section 5. Should any section or provision of this Ordinance or any portion 73 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 74 affect the remainder of this Ordinance. 75 Section 6. Authority is hereby given to codify this Ordinance. 76 Section 7. This Ordinance shall become effective immediately. 77 FIRST READING this day of October, 2020. 78 SECOND, FINAL READING AND PASSAGE this day of , 2020. 79 CITY OF BOYNTON BEACH, FLORIDA 80 YES NO 81 82 Mayor— Steven B. Grant 83 84 Vice Mayor— Ty Penserga 85 86 Commissioner—Justin Katz 87 88 Commissioner—Woodrow L. Hay 89 90 Commissioner—Christina L. Romelus 91 92 VOTE 93 94 ATTEST: 95 96 97 98 Crystal Gibson, MMC 99 City Clerk 100 101 102 (Corporate Seal) 3 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-004)(DTODD) -Ordmance.Docx Page 415 of 919 ' DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 20-025 TO: Chair and Members Planning& Development Board FROM: Hanna Matras Senior Planner THROUGH: Ed Breese Planning and Zoning Administrator DATE: October 8, 2020 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, revising Chapter 3. Zoning, Article III. Zoning Districts and Overlays, Section 8.E. Downtown Transit-Oriented Development District (DTODD) Overlay, to add a density provision in support of workforce housing in MU-2, MU-3, MU-4 and MU- C zoning districts. Background Currently, projects located in the Downtown Transit-Oriented Development District (DTODD) Overlay can avail themselves of a 25% density and a height bonus through participation in the City's Workforce Housing Program (WHP). Both construction (on-and off-site) and a fee-in-lieu can be considered. The CRA Plan future land use (FLU) recommendations for lands within the DTOD District are predominantly high-density categories of MXH and MXM. A large share of these properties are already reclassified, though most are not yet rezoned to the corresponding mixed-use zoning districts. The potential for high density—including an additional density bonus—contributed to dramatic rise of the area land prices in recent years, resulting in extremely high development costs in the City's downtown. Expensive multi-level structured parking, required in the highest density projects, further jeopardizes project viability. The density bonus available through the WHP would make such projects feasible; however, the review of the program by the private sector indicate that major revisions are needed for the program to both achieve its goal and make it work for developers. While revisions to the WHP are forthcoming, the proposed amendment would constitute another tool to increase the number of units in the DTOD District and support workforce housing for the moderate- income households. Staff is also evaluating other attainable housing-supportive amendments to the Land Development Regulations. Page 416 of 919 DTOD District Overlay Amendment(CDRV 20-004) Memo PZ No. 20-25 Proposed Amendment The proposed amendment would allow a multi-family dwelling not exceeding 750 square feet of habitable space and located in MU-2, MU-3, MU-4 and MU-C zoning districts within the Downtown Transit-Oriented Development District(DTODD) to be counted as one-half unit (1/2) for the purpose of the density calculation. A development will meet the requirements of the proposed amendment if: • The density calculated by counting the units sized 750 square feet or smaller as half-units does not exceed the maximum density of the zoning district; and • The density calculated by counting each individual unit as a whole unit does not exceed the maximum density of the underlying future land use classification in the DTODD as established by the Future Land Use Element of the Comprehensive Plan. Dwellings subject to the proposed amendment would be limited to studio-and one-bedroom units. No specific affordability requirements would be attached to the units, but their size may keep rents at a level potentially affordable to moderate-income households. The units would be targeting small households such as young professionals, married couples without children, small families, or single adults. In addition to expanding attainable housing options, the amendment would: • Increase overall supply of housing, with choices for different generations/lifestyles • Encourage higher population density in proximity to public transit; specifically, increase gross density in the station area in support the future Coastal Link Commuter service. • Foster implementation of the CRA Plan's vision for a successful, lively downtown through added demand for retail and restaurant uses. • Address the financial feasibility issue as described in the `Background' section above. Under the proposed code amendment, no height increases will be allowed above the maximums determined by the zoning districts. This concept of allowing small units to be counted at one-half a dwelling unit is currently being utilized in Sarasota, Martin and Broward counties. Conclusion/Recommendation Staff proposes these code amendments to continue revising LDRs to support quality redevelopment and economic growth in the CRA and citywide. -2- Page 417 of 919 E. Downtown Transit-Oriented Development District (DTODD) Overlay. 1. Intent. This overlay implements Policy No. 1.18.1 of the Comprehensive Plan's future land use element which establishes the DTODD to improve land development patterns around the future station of the planned commuter service. The overlay's features further enhance the vision embodied by mixed-use zoning districts with increased density and intensity as well as strong emphasis on interconnectivity throughout the area. 2. Defined. The DTODD Overlay coincides with the Station Area of a one-half ('/2) mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, which is the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri-Rail Coastal Link service on the FEC Corridor. 3. General. See additional standards and requirements for mixed-use (urban) districts based on the proximity to the planned train station in Chapter 3, Article III, Section 5.A. 4. Use(s) Allowed. For the DTODD, allowed uses are based on the underlying zoning district. See "Use Matrix," Table 3-28 in Chapter 3, Article I , Section 3.D. 5. Building and Site Regulations. See Chapter 3, Article III, Section 5.C. 6. Districts. Ffficienc and one-bedroom units which are 156 � ��are feet or less rna c o��nt ........................................................................................................................................................................................q_ ------------------- y............................... as onehalf (1/ a unit. When usinclithis provision the den sit shall not exceed: a. The maximum densit"J of the underh i-nelronin i strict o/hen countin Unit s Lj sin '� den pit its and b. The maximum densitV of the ender!; in q.......f��t��re land use classification in the ------------------- ....................................................................................................................................................................... �._OI hen coy ntin each in i i � al s nit a c hole unit. 7. Additional Standards. 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PUBLIC HEARING 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Proposed Ordinance No. 20-038 - First Reading - Approve Wells Landing North Future Land Use Map Amendment from Local Retail Commercial (LRC) and Medium Density Residential (MEDR) to Mixed Use Low(MXL). Applicant: Elisabeth Roque/Wells Landing Apartments LLC Proposed Ordinance No. 20-039 - First Reading - Approve Wells Landing North Rezoning from C-2, Neighborhood Commercial and R-2, Single-and Two-Family Residential to MU-1, Mixed-Use 1, with a master plan for 24 multi-family units and 8,530 square feet of commercial. Applicant: Elisabeth Roque/ Wells Landing Apartments LLC Explanation of Request: The proposed Future Land Use (FLU) amendment and rezoning will support the 1.23-acre north part of the Wells Landing mixed-use project. The properties assembled for the south part of the project have already been reclasified to the the CRA Plan's recommended Mixed-Use Medium (MXM) future land use and rezoned to MU-2, Mixed-Use 2 zoning district. The project will be developed with the use of the Low-I ncome Housing Tax Credit (LI HTC) financing tool. The program provides nonprofit and for-profit developers with a dollar-for-dollar reduction in federal tax liability in exchange for the development of affordable rental housing. Both affordable housing and commercial uses are in short supply in the Heart of Boynton (HOB) District, which has been an area of disinvestment for decades. In recent years, efforts mounted by the CRA and the City, in partnership with local non-profits, resulted in development of single-family homes in several locations. These efforts continue, but there is also a need— recognized by the CRA Plan—for development of quality affordable multi-family rental housing. While the Plan endorses preservation of the single-family neighborhoods west of Seacrest Boulevard, it recommends significant reclassifications to mixed uses and higher residential densities for the lands east of the corridor. The south side of the Martin Luther King (MILK) Jr. Boulevard is one of the three areas recommended for and already under a high intensity MXM future land use category. The subject site—along with the remainder of the two-block area extending to NE 11th Avenue—was envisaged by the Plan to become a Seacrest Boulevard-fronting, commercial hub for the District under the Local Retail Commercial future land use, which does not allow residential uses. However, it became increasingly clear that limiting the land uses in this area to commercial is unlikely to be supported by the market. The proposed reclassification to the mixed- use future land use and zoning will address this issue. The developer is requesting to amend the site's future land use from the existing Local Retail Commercial and Medium Density Residential classifications to Mixed Use Low (MXL), and to rezone the site from C-2 Neighborhood Commercial and R-2, Single-and Two-Family Residential to MU-1, Mixed Use 1. The project will include 24 multi-family units and 8,530 square feet of commercial space. The Planning and Development Board reviewed these requests at its October 27, 2020 meeting and forwards them with a recommendation of approval. How will this affect city programs or services? No direct effects on programs or services Page 420 of 919 Fiscal Impact: Future increase in property tax revenue Alternatives: None recommended Strategic Plan: Strategic Plan Application: Subject project contributes to the redevelopment of the H.O.B. area and therefore furthers Strategic Plan Project 2.5 which is implementation of the Community Redevelopment Agency Plan. CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving land use designation for Wells Landing D Ordinance Ordinance approving Wells Landing Rezoning D Staff Report Staff Report D Location Map ExhibitA. Location Map D Location Map Exhibit B1. Current FLU D Location Map Exhibit B2. Proposed FLU D Location Map Exhibit CIL Existing Zoning D Location Map Exhibit C2. Proposed Zoning D Location Map Exhibit D. CRA Plan recommendation Page 421 of 919 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS WELLS LANDING NORTH 7 AND DESCRIBED HEREIN, CHANGING THE LAND USE 8 DESIGNATION FROM LOCAL RETAIL COMMERCIAL (LRC) 9 AND MEDIUM DENSITY RESIDENTIAL (MEDR) TO MIXED-USE 10 LOW (MXL); PROVIDING FOR CONFLICTS, SEVERABILITY, 11 AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 14 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 15 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, the procedure for amendment of a Future Land Use Element of a 18 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 19 WHEREAS, after two (2) public hearings the City Commission acting in its dual 20 capacity as Local Planning Agency and City Commission finds that the amendment 21 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 22 in the best interest of the inhabitants of said City to amend the Future Land Use Element 23 (designation) of the Comprehensive Plan as hereinafter provided. 24 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 25 CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 27 herein by this reference. 28 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 29 Future Land Use of the following described land: 30 North 31 PARCEL 1: 32 LOT 1, MEEKS ADDITION TO BOYNTON,ACCORDING TO 33 THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54, PUBLIC 34 RECORDS OF PALM BEACH COUNTY, FLORIDA. 35 36 PARCEL 2: S:\CA\Ordinances\Planning\Land Use\Wells Landing LUA-Ordinance.Docx Page 422 of 919 37 LOTS 4 THROUGH 9,INCLUSIVE, BLOCK 1,FRANK 38 WEBBER ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN 39 PLAT BOOK 9,PAGE 3,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 40 41 is amended from Local Retail Commercial (LRC) and Medium Density Residential (MEDR) 42 to Mixed-Use Low (MXL). 43 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 44 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 45 Land Development Regulation Act. No parry shall be vested of any right by virtue of the 46 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 47 including appeals, are exhausted. In the event that the effective date is established by state law 48 or special act, the provisions of state act shall control. 49 FIRST READING this day of November, 2020. 50 SECOND, FINAL READING and PASSAGE this day of , 2020. 51 CITY OF BOYNTON BEACH, FLORIDA 52 YES NO 53 54 55 Mayor— Steven B. Grant 56 57 Vice Mayor—Ty Penserga 58 59 Commissioner—Justin Katz 60 61 Commissioner—Woodrow L. Hay 62 63 Commissioner— Christina L. Romelus 64 65 VOTE 66 ATTEST: 67 68 69 70 Crystal Gibson, MMC 71 City Clerk 72 (Corporate Seal) S:\CA\Ordinances\Planning\Land Use\Wells Landing LUA-Ordinance.Docx Page 423 of 919 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 WELLS LANDING NORTH FROM C-2 NEIGHBORHOOD 7 COMMERCIAL AND R-2 SINGLE AND TWO FAMILY 8 RESIDENTIAL TO MU-1 MIXED-USE 1; PROVIDING FOR 9 CONFLICTS, SEVERABILITY,AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 13 WHEREAS, the City has made application to rezone land, said land being more 14 particularly described hereinafter,from C-2 Neighborhood Commercial and R-2 Single and Two 15 Family Residential to MU-1 Mixed Use l; and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for the 18 property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from C-2 26 Neighborhood Commercial and R-2 Single and Two Family Residential to MU-1 Mixed-Use 1. 27 A location map is attached hereto as Exhibit"A" and made a part of this Ordinance by reference. 28 Legal Description: 29 PARCEL 1: 30 LOT 1, MEEKS ADDITION TO BOYNTON,ACCORDING TO 31 THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54, PUBLIC 32 RECORDS OF PALM BEACH COUNTY, FLORIDA. 33 34 PARCEL 2: 35 LOTS 4 THROUGH 9,INCLUSIVE, BLOCK 1,FRANK I S:\CA\Ordinances\Planning\Rezoning\Wells Landing North-Rezone-Ordinance.Docx Page 424 of 919 36 WEBBER ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN 37 PLAT BOOK 9,PAGE 3,PUBLIC RECORDS OF PALM BEACH COUNTY, 38 FLORIDA. 39 40 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 41 accordingly. 42 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 43 Section 5. Should any section or provision of this Ordinance or any portion thereof be 44 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 45 remainder of this Ordinance. 46 Section 6. This ordinance shall become effective immediately upon passage. 47 FIRST READING this 4th day of November, 2020. 48 SECOND, FINAL READING and PASSAGE this day of , 2020. 49 CITY OF BOYNTON BEACH, FLORIDA 50 YES NO 51 52 Mayor— Steven B. Grant 53 54 Vice Mayor—Ty Penserga 55 56 Commissioner—Justin Katz 57 58 Commissioner—Woodrow L. Hay 59 60 Commissioner— Christina L. Romelus 61 62 VOTE 63 ATTEST: 64 65 66 67 Crystal Gibson, MMC 68 City Clerk 69 70 71 (Corporate Seal) 2 S:\CA\Ordinances\Planning\Rezoning\Wells Landing North-Rezone-Ordinance.Docx Page 425 of 919 Exhibit A LOCATION MAP zz k , � k r r Martin utherzXn r 1 � 1 ( S 1 S NE 9th /we 0 25 50 100 150 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-022 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: October 15, 2020 PROJECT: Wells Landing North LUAR 20-004 REQUEST: Approve Wells Landing North Future Land Use Map Amendment from Local Retail Commercial (LRC) and Medium Density Residential (MEDR) to Mixed Use Low (MXL), and Rezoning from C-2, Neighborhood Commercial and R-2, Single-and Two-Family Residential to MU-1, Mixed-Use 1, with a master plan for 24 multi- family units and 8,530 square feet of commercial. PROJECT DESCRIPTION Property Owner: Wells Landing Apartments LLC Applicant: Elisabeth Roque/Wells Landing Apartments LLC Agent: Brian Herbert/ Gallo Herbert Architects Location: North side of E Martin Luther King Jr. Blvd, approximately 150 feet from the corner of E Martin Luther King Jr. Blvd and N Seacrest Blvd, extending north to the corner of NE 1St Street and NE 11 t" Avenue. Existing Land Use/ Zoning: Local Retail Commercial (LRC) and Medium Density Residential (MEDR) / C-2, Neighborhood Commercial and R-2, Single-and Two-Family Residential Proposed Land Use/ Mixed-Use Low (MXL)/MU-1, Mixed-Use 1 Zoning: Page 427 of 919 Page 2 Wells Landing North LUAR 20-004 Proposed Use: Mixed-use project with 24 multi-family units and approximately 8,530 square feet of commercial Acreage: 1.232 acres Adjacent Uses: North: Developed single-family homes and a vacant parcel, classified Medium Density Residential (MEDR) and zoned R- 2, Single-and Two-Family; north of the northeast part of the site, right-of-way of NE 11th Avenue and farther north, developed single-family homes, classified Medium Density Residential (MEDR) and zoned R-2, Single-and Two-Family; South: Right-of-way of E Martin Luther King Jr. Blvd, farther south Wells Landing South site, clasified Mixed-Use Medium (MXM) and zoned MU-2, Mixed-Use 2; East: On the southeast, vacant parcel classified Local Retail Commercial (LRC) and zoned C-2; on the northeast, right-of- way of NE 1St Street and farther east, Bride of Christ Tabernacle Church, classified Medium Density Residential (MEDR) and zoned R-2, Single-and Two-Family; West: On the southwest, developed property (church) and then two vacant pproperties, all classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial; farther west, right-of-way for N. Seacrest Blvd. BACKGROUND The proposed Future Land Use (FLU) amendment and rezoning will support the 1.23- acre north part of the Wells Landing mixed-use project. The properties assembled for the south part of the project have already been reclasified to the the CRA Plan's recommended Mixed-Use Medium (MXM) future land use and rezoned to the corresponding MU-2, Mixed-Use 2 district. While the CRA Plan (the Plan) endorses preservation of the single-family neighborhoods west of Seacrest Blvd, its vision for the lands east of Seacrest Blvd involves significant reclassifications to mixed uses and higher residential densities. The south side of the Martin Luther King (MLK) Jr. Boulevard is one of the three areas recommended for and already under a high intensity MXM future land use category. Importantly, the Plan emphasises redevelopment of the Boulevard into a key commercial area for the Heart of Boynton (HOB) District. The MLK Jr. Boulevard Overlay implements this vision, requiring commercial uses on the street frontage. 2 Page 428 of 919 Page 3 Wells Landing North LUAR 20-004 The site subject to the proposed reclassification —along with the remainder of the two- block area extending to NE 11th Avenue—was envisaged by the Plan to become a Seacrest Boulevard-fronting, commercial hub for the District under the Local Retail Commercial FLU, which does not allow residential uses. However, it became increasingly clear that the market will not entirely support the Plan's vision. To accommodate a mixed-use project with a residential component of 24 multi-family units and 8,530 square feet of commercial space, the developer is requesting to amend the site's future land use from the existing Local Retail Commercial and Medium Density Residential to Mixed Use Low (MXL), and to rezone the site from C-2 Neighborhood Commercial and R-2, Single-and Two-Family Residential to MU-1, Mixed Use 1. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The requested Future Land Use Map (FLUM) amendment and rezoning will support a part of a mixed-use project to be developed with the use of Low-Income Housing Tax Credit (LIHTC) financing mechanism. The program provides nonprofit and for-profit developers with a dollar-for-dollar reduction in federal tax liability in exchange for the development of affordable rental housing. Both affordable housing and commercial uses are in short supply in the Heart of Boynton (HOB) District, which has been an area of disinvestment for decades. In recent years, efforts mounted by the CRA and the City, in partnership with local non-profits, resulted in development of single-family homes in several locations. These efforts continue, but there is a need—recognized by the CRA Plan—for development of quality affordable multi-family rental housing in the HOB District. The subsidy provided through the LIHRC will allow a second such development (after Ocean Breeze East) to be built. The project will also include 8,530 square feet of commercial space. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. 3 Page 429 of 919 Page 4 Wells Landing North LUAR 20-004 The proposed FLUM amendment and rezoning is generally consistent with the vision for the HOB District embedded in the the CRA Plan. However, as noted in the BACKGROUND section of this report, it is not consistent with the specifc future land use recommendation for lands assembled for the northern part of the Wells Landing development. This recommendation calls for Local Retail Commercial FLU for a two- block, 3.3 acre area between Martin Luther King Blvd and NE 11th Avenue, extending east to NE 1St Street and beyond (see Exhibit D). Note that the Local Retail Commercial classification does not allow residential uses; it is highly unlikely that the market would support commercial-only redevelopment of this area as recommended. The proposed use includes 8,530 feet of commercial space. Moreover, the amendment leaves three parcels fronting Martin Luther King Blvd west of the subject site under the LRC and C-2 designations, inviting a commercial node at the intersection of Martin Luther King, Jr. Boulevard and Seacrest Boulevard. The combined residential densities of the north and south parts of the project will likely generate enough demand to support the future node as well as commercial uses housed within the project. Finally, it should also be noted that—except for one property adjacent to the project and facing Martin Luther King, Jr. Boulevard—the CRA Plan recommends Mixed-Use Low classification for lands lying to the east of the subject site, between Martin Luther King Blvd and NE 11th Avenue. The proposed rezoning would therefore be consistent with the future redevelopment of the nearby areas. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. See responses to criteria "a" and "b". The proposed rezoning would result "in more desirable and sustainable growth for the community". There is a need—recognized by the CRA Plan—for development of quality affordable multi-family rental housing in the HOB District. The Plan endorses preservation of the single-famiy neighborhoods west of N. Seacrest Blvd, while recommending reclassifications to mixed uses and higher densities for a significant share of areas east of the Boulevard. In these areas, the land use patterns will undergo gradual change. Consistent with the Plan (except for the commercial node fronting Seacrest Blvd), the block between Martin Luther King, Jr. Boulevard and NE 9th Avenue was already reclassified to Mixed-Use Medium and rezoned to MU-2 district, allowing densities up to 40 du/acre (50 du/acre with a density bonus). South of NE 7th Avenue, the construction of the Ocean Breeze East project has recently been completed. Although the proposed MXL future land use category allows for a lesser intensity, it is 4 Page 430 of 919 Page 5 Wells Landing North LUAR 20-004 already related to adjacent and nearby classifications in that it will support a mixed-use project with a sustainable design recommended by the Plan. Also, as already noted earlier in this report, lands east of the subject site will eventually carry the same classification. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed amendment/rezoning constitutes a significant contribution to sustainable, high density redevelopment integrating residential and commercial uses in the HOB District. The project would follow the recommendations of the CRA Plan, which consistently incorporates sustainability features in all aspects of redevelopment, including intensity, urban design and connectivity. The Palm Tran bus route along Seacrest Blvd would ensure access to public transportation. The City's Sustainable Development Standards ordinance requires all projects to incorporate specific required design features (i.e., white roof, warm outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options across five categories. The point requirements are tiered based on size and type of development. For review of the project's sustainable design features, see the corresponding master plan/site plan staff report. e. Availability of Public Services /Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The property is under the Coastal Residential exception; it is also located within the Traffic Concurrency Exemption Area (TCEA) and therefore exempted from the concurrency requirements of the Palm Beach County Traffic Performance Standards Ordinance. The applicant submitted the traffic study with information required for projects in TCEA-designated areas including trip generation, assignment throughout the Test 1 Radius of Development Influence and traffic at the site access. 5 Page 431 of 919 Page 6 Wells Landing North LUAR 20-004 Schools. The School Capacity Availability Determination application has been submitted to the School District of Palm Beach County. f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See the responses to criteria "a", "b" and "c". The proposed FLUM and rezoning support the northern part of Wells Landing project. The properties assembled for the southern part of the project already have the mixed-use classification of MXM (Mixed-Use Medium) and a corresponding MU-2, Mixed-Use 2 zoning. As noted earlier in this report, the CRA Plan recommends Mixed-Use Low classification for lands lying to the east of the subject site, between Martin Luther King Blvd and NE 11th Avenue. The proposed rezoning would therefore be consistent with the future redevelopment of the nearby areas. The CRA Plan envisages mixed uses and higher densities for a significant share of HOB District east of the Seacrest Boulevard. The master plan includes features designed to mitigate the negative impacts of the project's height and scale on the adjacent low-rise residential properties (see the corresponding staff report for details). The proposed FLUM and rezoning is related to the needs of the neighborhood and the City as a whole. Affordable housing and commercial uses are in short supply in the HOB District, which has long been an area of disinvestment. The CRA Plan recognizes the need for development of quality attainable rental housing; moreover, the combined densities of the north and south parts of the project will generate significant demand for commercial uses within the project and elsewhere in the District. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would.- (1) ould.(1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available, 6 Page 432 of 919 Page 7 Wells Landing North LUAR 20-004 (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. The proposed project would generate economic development benefits for the HOB District through responding to the community needs for affordable housing, jobs and commercial uses (g3 and g4) while furthering the process of blight elimination (g7). It will also contribute to the enhancement of the City tax base (g2). h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions.(1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The request reduces the amount of land available for commercial-only development since it would reclassify most of the subject site currently under the Local Retail Commercial (LRC) FLU category into the Mixed-Use Low (MXL) category. Also, as noted in response to criterion "b", the proposed FLUM amendment and rezoning is not consistent with the CRA Plan's LRC future land use recommendation for the site. However: (i) the proposed use includes 8,530 feet of commercial space; (ii) the amendment leaves three parcels fronting Martin Luther King Blvd east of the subject site under the LRC and C-2 designations, inviting a commercial node at the intersection of Martin Luther King, Jr. Boulevard and Seacrest Boulevard; and (iii) the combined residential densities of the north and south parts of the project will likely generate enough demand to support the future node as well as commercial uses housed within the project. Finally, the proposed FLU amendment and rezoning meets at least four conditions under criterion "g". L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. 7 Page 433 of 919 Page 8 Wells Landing North WAR 20-004 The parcels assembled for both the north and the south sections of the proposed development included CRA-owned properties, which made the project financially feasible. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The master plan/ site plan shall comply with the requirements of the MU-1 zoning district. For details, see the corresponding staff report. RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and found it to be consistent with the CRA Plan's vision for redevelopment of the Heart Boynton District District. Therefore, staff recommends that the subject request be approved. s Page 434 of 919 Exhibit A LOCATION MAP zz k , � k r r Martin utherzXn r 1 � 1 ( S 1 S NE 9th /we 0 25 50 100 150 Exhibit B1 WELLS LANDING NORTH CURRENT FLU 4 t � MEDR 1 m MEDR i Z S ',7 E � t { Martin, uther King � t i =k S �rI Legend MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) MIXED USE MEDIUM (MXM), 50 D.U./Acre PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) ;E 0 25 50 100 150 Exhibit B2 WELLS LANDING NORTH PROPOSED FLU 0 ' MEDR �t - _ - - NE1th 1Ave. > 1 m E R MEDR Z Jv Z SATE d F 4 � MXL r " " " , MartinLuther:King Jr� Blvd " Legend MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) MIXED USE MEDIUM (MXM), 50 D.U./Acre f MIXED USE LOW (MXL), 20 D.U./Acre PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) 0 25 50 100 150 Exhibit C1 WELLS LANDING NORTH CURRENT ZONING j. d f f R� 6 } K �1 �K �k5at NEJ11th Ave r m HW21 - N LU d Z '40) C.2 t SITE 4 MartinLuther King Jr�FBlvd S f x Legend Zoning ` , 1 R2 Duplex, 10 du/ac NE 9tN C2 Neighborhood Commercial MU-2 Mixed Use 2, 40 du/ac 0 25 50 100 150 Exhibit C2 WELLS LANDING NORTH PROPOSED ZONING r 1 R'"" - - _ - NEJ11th Ave i Z tW - � C 2 SITE �- MartinLuther King JrFBlvd FIs � 'r i ( cm t 4 ,r Legend Zoning R2 Duplex, 10 du/ac E 9th Ave C2 Neighborhood Commercial MU-2 Mixed Use 2, 40 du/ac MU-1 Mixed Use 1, 20 du/ac 0 25 50 100 150 Exhibit D Figure 63: Recommended Land Use for the Heart of Boynton District Y _ t (f a t � Mho § rl W% LEGEND .._-- Recreational(R) 6�w Industrial(p Low Density Residential(LDR)5 dWac Medium Density Residential(MDR)11 dulac High Density Residential(HDR)15 du/ac Special High Density Residential(SHUR)20dW.ac Instituational(PPGI) --- Local Retail Commercial(LRC) General Commercial(GC) =Mixed Use Low(MUL)20 du/ac Mixed Use Medium(MUM)50 du/ac Mixed Use High(MUH)80 du/ac TOD 3 Page 440 of 91 8.G. PUBLIC HEARING 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Approve Wells Landing North (NW SP 20-004)for a mixed-use development consisting of a three (3)-story building with 24 affordable housing dwelling units, 8,530 square feet of commercial space, associated parking and related site improvements on a 1.23-acre site. Applicant: Elizabeth Roque, Wells Landing Apartments LLC. Explanation of Request: The proposed Wells Landing development is located within the Martin Luther King Jr. Boulevard Overlay as defined by the CRA Community Redevelopment Plan. The project area totals 1.23 acres and is composed of several undeveloped parcels. The mixed-use building is proposed on the southern portion of the site. The first floor will contain over 8,000 square feet of commercial space, an expanded pedestrian zone, and an urban plaza. The second and third levels of the building will contain 20 one-bedroom apartments and four (4) two-bedroom apartments. The Planning & Development Board recommended approval of this item at the October 27, 2020 meeting. How will this affect city programs or services? N/A Fiscal Impact: Additional dwelling units will increase the City's tax base, and provide much needed attainable housing within the Heart of Boynton. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: Subject project contributes to the redevelopment of the H.O.B. area within the CRA, and therefore furthers Strategic Plan Project 2.5 which is implementation of the Boynton Beach Community Redevelopment Plan. CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: Page 441 of 919 ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Project Plans D Conditions of Approval Exhibit C ® Conditions of Approval D Development Order Development Order Page 442 of 919 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-024 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda B. Radigan, Principal Planner Luis Bencosme, Planner II DATE: October 13, 2020 PROJECT NAME: Wells Landing North (NWSP 20-004) REQUEST: Approval of a New Site Plan Application for a mixed-use development consisting of a three (3)-story building with 24 affordable housing dwelling units, 8,530 square feet of commercial space, associated parking and related site improvements on a 1.23-acre site. PROJECT DESCRIPTION Property Owner: Wells Landing Apartments, LLC Applicant: Elizabeth Roque, Wells Landing Apartments, LLC Agent: Brian Herbert, Gallo Herbert Architects Location: Northeast corner of NE 11th Avenue and NE 1St Street, extending south to Martin Luther King Jr. Boulevard and just east of N. Seacrest Boulevard (see Exhibit "A" — Site Location Map) Existing Land Use: Local Retail Commercial (LRC) & Medium Density Residential (MEDR) Proposed Land Use: MXL (Mixed Use Low) Existing Zoning: Neighborhood Commercial (C-2) & Duplex (R-2) Proposed Zoning: MU-1 (Mixed Use 1) Proposed Use: Mixed use development with 24 affordable housing dwelling units, approximately 8,530 square feet of commercial space, and associated parking and related site improvements. Acreage: 1.23 acres Page 443 of 919 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 2 Adjacent Uses: North: Developed single-family and two-two family residential properties, classified Medium Density Residential (MEDR)and zoned R-2 (Duplex); farther north, the right-of-way for NE 11th Avenue; South: Right-of-way for East Martin Luther King Jr. Boulevard; further south developed and undeveloped commercial and mixed-used properties classified Local Retail Commercial (LRC) and Mixed Use-Medium (MXM) and zoned C2 (Neighborhood Commercial) and MU-2 (Mixed- Use 2). East: Developed and undeveloped residential properties classified Medium Density Residential (MEDR) and zoned R2 (Duplex). West: Developed and undeveloped commercial properties classified Local Retail Commercial (LRC) and zoned C2 (Neighborhood Commercial); further west right-of-way for N. Seacrest Boulevard. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The proposed Wells Landing development is located within the Martin Luther King Jr. Boulevard Overlay as defined by the CRA Community Redevelopment Plan. The project area totals 1.23 acres and is composed of several undeveloped parcels. The applicant is requesting approval of several concurrent applications associated with the Wells Landing North development (see the respective staff reports). The first application, Land Use Map Amendment and Rezoning (LUAR 20-004), is to revise the existing Future Land Use Classifications of the subject properties from Local Retail Commercial (LRC) and Medium Density Residential (MEDR) to Mixed-Use Low(MXL), as well as rezone the properties from Neighborhood Commercial (C-2) and Duplex (R-2) to Mixed-Use 1 (MU-1). The second application, New Major Site Plan (NWSP 20-004), is for the proposed three (3)-story building consisting of 8,530 square feet of ground floor commercial space along East Martin Luther King Jr. Boulevard, 24 affordable dwelling units comprised of a mix of one-bedroom and two-bedroom apartments, associated site improvements, and amenities. Finally, the applicant is applying for two Abandonments (ABAN 20-001 &20-002), to vacate a five (5) foot alley and the unimproved right-of-way of N E 1 st Street. 2 Page 444 of 919 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 3 ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. The project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. An approval letter from the County is required prior to permit issuance (See Exhibit "C" - Conditions of Approval). The traffic study provided indicates that this project is expected to generate 538 net daily trips, 12 net A.M. peak hour trips and 43 net P.M. peak hour trips. School: The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public-school students who will reside in the proposed dwelling units with their families. An approval letter from the County is required prior to permit issuance (See Exhibit "C" - Conditions of Approval). Utilities: The City's water capacity can meet the projected potable water demand for this project. The applicant has agreed to provide two independent sources of water and a looped portable water main. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project. Additionally, reclaimed water is available. The applicant has agreed to make any necessary improvements to connect and use this resource for irrigation purposes (See Exhibit"C"-Conditions of Approval). The applicant has also agreed to make several upgrades to utility lines in the vicinity of the project as part of the site development, and will remove, cap and plug the sewer laterals that are currently not in service (See Exhibit "C" - Conditions of Approval). Police/Fire: The Police Department has reviewed the site plan to ensure it meets the CPTED (Crime Prevention Through Environmental Design) standards. The review comments have been addressed by the applicant. The Fire Department will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: The applicant submitted a preliminary engineering plan with conceptual drainage information for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that further review of specific drainage solutions be deferred until time of permit. The Engineering Department is requesting additional information on any historic surface water flows directed to the site, to ensure they are accommodated into the post development design (See Exhibit "C" - Conditions of Approval). 3 Page 445 of 919 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 4 Access: The development has two points of ingress/ egress. The main vehicular point of access is located on East Martin Luther King Jr. Boulevard. The secondary point of access is located on NE 11th Avenue.These two points of access are connected by a two-way, 24-foot-wide, drive-isle to ensure safe, adequate and efficient vehicular circulation throughout the site. In addition, the project proposes pedestrian access by providing eight(8)on- street parking spaces along East Martin Luther King Jr. Boulevard. The on- street parking spaces are intended to provide retail users convenient and quick access to the first-floor retail spaces, as well as additional parking for the project. It is also intended to create a safer pedestrian environment by providing a physical barrier between the vehicular traffic and the sidewalk. The walkways around the building are a minimum of five (5)-foot wide and expand to 17 feet to provide access to the building entrances. Also, the building design includes a central urban plaza that improves pedestrian circulation and access to proposed commercial spaces. Parking: Off-street parking forthe MU-1 zoning district requires 1.5 parking spaces for studios and one-bedroom units, and two (2) parking spaces for two (2) or more bedroom units. The project proposes a total of 24 units (20 one- bedroom apartments and four (4) two-bedroom apartments), which would require 38 parking spaces. Additionally, the code requires the provision of guest parking spaces at a rate of 0.15 spaces per unit, which adds another4 parking spaces to the total. The commercial spaces—which is intended for uses related to retail—requires one (1) parking space per 200 square feet of gross floor area,which computes to 43 additional parking spaces. Underthis standard methodology for calculating required off-street parking spaces, a grand total of 85 parking spaces would be required (See Exhibit "C" - Conditions of Approval). The applicant submitted a parking study that recommends a 15% parking reduction based on the parking rates suggested by four nationally recognized publications in the parking industry, the implementation of Transportation Demand Management (TDM) program, and the parking ratios provided by comparable projects—thus reducing the required amount of parking spaces to 72. The study indicates that the project's parking demand will be lowered by the inclusion of covered bicycle racks that can accommodate 12 bicycles, installation of a kiosk in the clubhouse to provide bus route and ride sharing information, and restricting tenants to a maximum of 2 vehicles per unit. Furthermore, the parking analysis compares the proposed parking ratio with similar Centennial projects located in South Florida (Pembroke Park and Miami-Dade); the projects include Pembroke Villas, Country Club Villas Phase II and Viscaya Villas. According to the analysis, the comparable projects have not experienced any parking issues, even though they provide less parking per bedroom in comparison to the Wells Landing North development. The site plan proposes a total of 85 parking spaces, 79 of which are off-street parking spaces and eight (8) on-street parking spaces. The parking spaces conform to the dimensional standards required for parking spaces within the CRA of 9 feet by 18 feet for 90-degree parking and 4 Page 446 of 919 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 5 8 feet by 22 feet for parallel spaces. Additionally, the residential, visitor, and commercial spaces will be clearly marked with signs or painted parking bumpers and monitored by management (See Exhibit "C" - Conditions of Approval). The parking lot will be located on the north side of the site and fully screened from view from East Martin Luther King Jr. Boulevard by the proposed building. It will also be effectively screened from view of adjacent properties with landscape buffers. Landscaping: The Plant List (Sheet L1) indicates that the project would add a total of 67 trees including 61 canopy trees and 6 palm trees, 1,024 shrub specimens, and 974 small shrubs/groundcover plants. The plant material is proposed within the required perimeter landscape buffer,within landscape islands, and along the right-of-way.All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: High Rise Live Oak, Gumbo Limbo, Pigeon Plum, Pink Trumpet Tree and Japanese Blueberry, including Single Alexander Palm Trees. The applicant has chosen Milkweed, Gold Mound Duranta and Dwarf Firebush as the project's butterfly attracting plant species. Projects proposed in the Mixed-Use 1 (MU-1) zoning district are subject to the "Streetscape Design" portion of the landscape code regulations. These code provisions recognize the desire for reduced building setbacks, thus creating an urban setting. The purpose of the"Streetscape Design"concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and optimize the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities(benches/seatwalls, lighting, accent plantings). The proposed streetscape design for the project includes canopy street trees (High Rise Live Oak) — installed in planters and spaced 20 feet on center—and shrubs (Green Island Ficus) planted around the base of the trees. The streetscape has been designed with the street trees placed between the sidewalk and active area to provide a pleasant pedestrian pathway that is shaded to the maximum extent possible. Additionally, landscape buffers are provided along the west, north and east property lines. The buffers consist of Pigeon Plum trees spaced 20 feet on center, and shrubs (Podocarpus and Wax Jasmine). The buffer along the west and north property lines also incorporate a six (6)-foot tall decorative masonry wall. Lastly, foundation planting is proposed on the west side of the building consisting of 5 (five) closely spaced trees (Japanese Blueberry), and two hedges (Podocarpus and Milweed). Building and Site: The project site comprises of several undeveloped parcels — totaling 1.23 acres and abutting East Martin Luther King Jr. Boulevard to the south. One of the subject parcels is located on the north side of the site abuting NE 11th 5 Page 447 of 919 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 6 Avenue. This parcel will be part of the proposed parking lot and provide a secondary entrance to the project. The mixed-use building is proposed on the south side of the site. The second and third levels of the building will contain 20 one-bedroom apartments and four (4) two-bedroom apartments. Additionally, the apartments will contain a balcony that either faces south towards the street or north towards the parking lot. The first floor will include 8,530 square feet of commercial space — intended for retail uses. Also the first floor will contain a 2,090 square foot urban plaza intended for public events. The plaza also separates the 1St floor of the building into two separate areas, each containing four (4) commecial units. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use 1 (MU-1) zoning district has a maximum allowable FAR of 2.5; the project propoes 0.62. The District also has a maximum allowable density of 20 dwelling units per acre. This requirement limits the project to 24 dwelling units, which is precisely the proposed amount of units. Building Height: The maximum building height allowed in the MU-1 (Mixed Use 1) zoning district is 55 feet. The proposed building elevations depict the height of the mixed-use building just over 44 feet, which is 16 feet below the maximum allowable height. Setbacks: The MU-1 (Mixed Use 1) zoning district requires no building setbacks from the Martin Luther King Jr. Boulevard right-of-way, but rather a build-to line which accommodates for the required pedestrian zone. The pedestrian zone along East Martin Luther King Jr. Boulevard is required to have the following components: 1) a five (5)foot wide street tree area, measured from the back of the curb, 2) an eight (8) foot wide sidewalk, free from obstructions, measured from the centerline of street trees, and 3) a five (5) foot wide active area, measured from the edge of the sidewalk. The project proposes an expanded pedestrian area along this street at approximately 25.5 feet from the back of the curb. The building is setback approximately 10 feet from the east side property line, 52 feet from the west side property lines, and 68 feet from the rear(north) property line. The proposed setbacks conform to the MU-1 setback requirements. Amenities: As previously stated, project proposes an expanded pedestrain zone to accomadte activity activity along the right-or-way. The project also proposes a large covered urban plaza centrally located on the frontage creating an urban courtyard on the ground floor of the building. The plaza is accessible from both the pedestrian zone along East Martin Luther King Jr. Boulevard and the parking lot on the north side of the building. This feature is an extension of the required active area as it encourages a mixture of active uses along the exterior of the ground floor retail spaces and provides space for public events. Additionally, the pedestrian zone is designed with the required street trees planted between the sidewalk and active area to ensure 6 Page 448 of 919 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 7 proper shading. The area also includes several benches to encourage the use of the space. The project is located at walking distance to the newly renovated Sara Sims Park, which provides the following amenities: basketball courts, BBQ grills, fitness trail, horseshoe court, open play area, pavilions, racquetball court and restrooms. Also, the project is at a short walking distance to the Palm Tram bus stops near the corner of East Martin Luther King Jr. Boulevard and N. Seacrest Boulevard. Lastly, covered bike racks are provided on the north side of the site, near the building. Design: The intended architectural style for the project is Floribbean Style, which is an interpretation of Old Florida Style architecture. This architectural style helps to create a sense of identity for the East Martin Luther King Jr. Boulevard Overlay zone as it utilizes Florida Vernacular design elements and materials. The project features ample horizontal and vertical facade articulation, and a combination of architectural features, materials and complementary colors. The facade of the commercial base of the building along East Martin Luther King Jr. includes an extensive use of vertically oriented vision glass windows and doors, as well as horizontal vinyl siding and concrete panels. The extensive use of glass at the base of the building is a key component of the building design as it provides a sufficient amount of transparency-fostering a welcoming environment. This area is shaded by architectural overhangs and `eyebrows' above the front and rear doors The upper portions of the building — second and third levels — include balconies with decorative railings and vertically oriented windows and sliding doors. The materials consist of smooth stucco, horizontal vinyl siding and concrete panels. The project will include a contemporary standing seam metal hip roof, which enhances the look of the building. Mixed-use projects are designed to create a pedestrian-friendly environment by placing the buildings along the pedestrian zones and articulating the building mass to avoid a repetitive, continuous, monotonous building block. The building mass fronting Martin Luther King Jr. Boulevard steps back at the center to create a covered courtyard area that resembles a gazebo—an architectural element that defines the focal point.Also, the building frontage steps back several times to break the building mass and add architectural interest and variety to the building. Sustainability: Mixed use developments consisting of 21 dwelling units and up to 50 units must achieve a minimum of 20 sustainability points. The development proposes to satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Efficient Cooling - All air conditioners are Energy Star 2 -qualified. Minimum SEER 16. 7 Page 449 of 919 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 8 Efficient Water Heating - At least 75% of hot water on premises is heated via Energy Star Certified water heaters 2 or solar water heaters. Cool Roof- Use roofing materials that have a Solar Reflective Index (SRI) 75 for low-sloped roofs (<2:12) or 25 2 for steep- sloped roofs (>2:12) for a minimum of 75% of the roof surface. Building Color— Utilization of white or cool light colors for the body of buildings to reflect rather than absorb heat and 2 reduce cooling costs. Accent and trim colors are not limited to these choices. Lighting — Provide energy efficient lighting such as LED 1 -lighting for building interiors for 100% of proposed lighting. Energy star appliances —All appliance with in a building are 2 100% energy star. Insulation - Provide increased insulation to achieve a 2 minimum R-19 in walls and R-38 in the ceiling. WATER CONSERVATION & MANAGEMENT Reuse Water- Utilization of reuse water for irrigation (if requested and approved by the Utilities Department to be 4 brought to the site). URBAN NATURE Tree Canopy— Provide canopy trees in an amount that 2 exceeds the minimum number of required trees by 10%. TRANSPORTATION Electric Charging Stations - Provide four (4) over the 2 required number of electric car charging stations. Total Points 21 Lighting: The photometric plans (Sheets (Sheets EPH-001 N & EPH-101 N) include 10 freestanding pole light fixtures, with pole height of 25 feet. It also includes 4 light fixtures mounted to the building walls. The City's Land Development Regulations requires limits the lighting levels to a maximum of 5.9 foot- candles. The Site Photometric Plan depicts lighting levels below the above- mentioned foot-candles limit. Signage: Site and building signage have not been finalized and a Sign Program must be approved prior to requesting any sign permits for the site (see Exhibit"C" — Conditions of Approval). Public Art: As a low-income housing project, this project is exempt from participating in the Art in Public Places Program. RECOMMENDATION Staff has reviewed this request for a New Site Plan and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. 8 Page 450 of 919 Wells Landing North (NWSP 20-004) Memorandum No PZ 20-024 Page 9 S:\Planning\SHARED\WP\PROJECTS\Wells Landing\Wells Landing North NWSP 20-004\_StaffReport\Wells Landing North Staff Report NWSP 20-004.doc 9 Page 451 of 919 Exhibit A WELLS LANDING LOCATION MAP } t == ME 11 th Ave LU 1`S Martin- LutherAing Jr BI�d t �1n " -- N E 9' h 14ve � fff, ts1f 0 25 50 100 150 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 0 ------- ----- ----- Leo E10311HOMV-IM311,13H 0-11wo ------------- C? 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L-------------------------------- ---- - I II � 0 I ------------------------------------ I ---- -------------- ---------------- W k W� (W' LP `ccc rn NI � z ` a c� z w z z w s w z m � � azw o� wo N wz� F—I z x W I d a o w �x � (OIAO2IdwlNnl _ — — -- 't,Z Ob6 M lb,9d.LON V m},�� Z 1 <F ,I 133ais- iSl 3N - m _ _— z z ,000SI M„bS,LO.ION wo / 0 > z ro / w F w / D m U F� 10 di 11-1 'l 10 .or � Q w ow � ,b0 09 L M„ g,Sb.ION 110I I, ii " o�> wl } I o ° �. x Naz Q J x� It Do CoQ .0ivdQJX3—_— — �J�� o o fA d o� o a, 0- a •• 1O� � ,ZZ N Obl M Ib 9A.lO ZZ � a- •moo o HY�0VHE)M ' oo rp n_z_ _ c) Uj 2 U Q §;. ag33 ~ o m ge (w 99 po C/7 W ❑ r� - o _ ❑ �nw a w N z c ❑ w w s cu mo p 0 0 u ❑ U a i l ❑ w a ❑ ll S1 ?5 r! u _ _ COQ a� EXHIBIT "C" Conditions of Approval Project Name: Wells Landing North File number: NWSP 20-004 Reference: 4th review of plans identified as a New Site Plan with a October 15, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. The access on East Martin Luther King Jr. Blvd. is classified as an X intermediate driveway and must provide a minimum of 50 ft from interior service drive or parking space to the right-of-way line, measured perpendicularly. 2. The access on NE 11th Ave. is classified as a minor driveway and X must provide a minimum of 25 ft from interior service drive or parking space to the right-of-way line, measured perpendicularly. 3. Provide a five (5) wide sidewalk on NE 11th Avenue. X 4. Show that each ingress/egress is designed to accommodate a 25' X minimum radius. 5. The area of the unimproved right-of-way of NE 1St Street which is X proposed to be abandoned shall be graded, irrigated and sodded. 6. Any existing `historic' surface water flows, directed to the site, shall X be accommodated into the post development design. 7. Provide irrigation to landscape planters located within Martin X Luther King Jr. Blvd. 8. Developer is responsible for the replacement of existing FPL street X lighting adjacent to site with underground decorative street lighting to match City's standards. 9. Provide a proposed addressing plan. X 10. Provide landscape screening around the parking lot to prevent light X pollution from car headlights onto adjacent residences. 11. The existing 6-inch water main on East Martin Luther King Blvd. is X an Asbestos Cement pipe and shall be replaced with a 12-inch C-900 PVC pipe to the full length of the project property lines. The tapping sleeve of the new main will be located on the west side of Seacrest Blvd. Page 462 of 919 Wells Landing North NWSP 20-004 Conditions of Approval Page 2 of 4 12. The proposed project will make any necessary improvements to X connect to the City's reclaimed water infrastructure. FIRE Comments: 13. Provide a plan showing a 300' radius from the center of each fire X hydrants to ensure Code 9-32b is being met. 14. Provide a note on the plans that states access roads shall be X provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft from fire department access roads as measured by an approved route around the exterior of the building or facility. With automatic sprinklers the distance is increased to 450' NFPA 1- 18.2.3.2.2 POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 15. Per City Ordinance, the Park Impact Fee is based upon a factor of X $595 per unit for multi-family dwellings. Based upon the proposed 24 units, the fee will be $14,280 (24 X $595) due at time of building permit issuance. PLANNING AND ZONING Comments: 16. The Abandonment application is lacking consent forms from Utility X providers. The Site Plan approval is contingent on the approval of the Abandonment applications (ABAN 21-001 and ABAN 21-002) and the associated conditions of approval. 17. Per the City's Sustainability Code, please indicate on all X Photometric Plans that all exterior lighting will utilize fixtures within the warm white range. 18. The applicant will be placing, at their cost, all overhead utilities X below ground around the perimeter of the site. Page 463 of 919 Wells Landing North NWSP 20-004 Conditions of Approval Page 3 of 4 19. A Sign Program will need to be submitted and approved prior to X issuance of any signs for the project. 20. Provide a detail of the proposed decorative 6' tall buffer wall to be X located within the landscape barrier along the east property line and ensure it is shown consistently on all plans. 21. provide a detail of the covered bike racks. Sheet with detail X provided in the south side project, but not the north. 22. Revise the landscape to show the landscape islands are fully X planted with shrub and ground cover materials. 23. Provide a letter of approval from the Palm Beach Country Traffic X Division stating that the project meets the Palm Beach County Traffic Performance Standards. 24. Provide an approval letter from the School District of Palm Beach X County confirmed that area schools have adequate capacity to accommodate the potential public-school students who will reside in the proposed dwelling units. 25. Revise parking calculations to reflect 85 required parking spaces X 26. Revise plans to note that residential, visitor, and commercial X spaces will be clearly marked with signs or painted parking bumpers and monitored by management. COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. 27. Sidewalks, street lights, site amenities, commercial leasable X space, and trees for the project shall meet the requirements of Section 18.2.a) through k), Required Project Improvements, of the Purchase and Sale Agreement between the Boynton Beach CRA and Wells Landings Apartments, LLC. ADDITIONAL REPRESENTATION / COMMITMENTS 28. The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the Page 464 of 919 Wells Landing North NWSP 20-004 Conditions of Approval Page 4 of 4 applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\Wells Landing\Wells Landing North NWSP 20-004\_StaffReport\Exhibit C - COA Wells Landing NORTH NWSP 20-004.doc Page 465 of 919 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Wells Landing North (NWSP 20-004) APPLICANT: Elizabeth Roque, Wells Landing Apartments LLC APPLICANT'S ADDRESS: 7735 NW 146 Street Suite 306, Miami Lakes, FL 33016 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 17, 2020 APPROVAL SOUGHT: Request for approval of a New Site Plan Application for a mixed-use development consisting of a three (3)-story building with 24 affordable housing dwelling units, 8,530 square feet of commercial space, associated parking and related site improvements on a 1.23-acre site. LOCATION OF PROPERTY: Northeast corner of NE 11th Avenue and NE 1St Street, extending south to Martin Luther King Jr. Boulevard and just east of N. Seacrest Boulevard (see Exhibit "A2" — Site Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Wells Landing\Wells Landing North NWSP 20-004\_StaffReport\NWSP 20-004 DO.doc Page 466 of 919 8.H. PUBLIC HEARING 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Proposed Ordinance No. 20-040 - First Reading - Request for abandonment of a portion of the unimproved 30 foot wide right-of-way of NE 1St Street running north and south from NE 11th Avenue south approximately 150 feet(ABAN 21-002) Proposed Ordinance No. 20-041 - First Reading - Request for abandonment of a portion of an unimproved five (5)foot wide alley running east to west from Seacrest Boulevard east to approximately 436.5 feet (ABAN 21-001). Explanation of Request: The applicant, Elizabeth Roque with Wells Landing Apartments LLC, is requesting to abandon (ABAN 21- 002) a portion of the unimproved 30-foot wide right-of-way of NE 1St Street extending from NE 11th Avenue south 150 feet; and to abandon (ABAN 21-001) a portion of an unimproved five (5) foot wide alley from Seacrest Boulevard east approximately 436.5 feet (see Exhibit"A" —Location Map). The request for abandonment is concurrent with a New Site Plan Application (NW SP 20-004) and a Land Use Map Amendments and Rezoning Application (LUAR 20-004) for a proposed mixed-use project, Wells Landing North, which contains 24 dwelling units and 8,530 square feet of commercial space. The Planning & Development Board recommended approval of this item at the October 27, 2020 meeting. How will this affect city programs or services? N/A Fiscal Impact: The abandoned parcels will be added to the tax roll. Alternatives: None recommended Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 467 of 919 ATTACHMENTS: Type Description D Ordinance Ordinance approving abandonment of 30 ft ROW D Ordinance Ordinance approving abandonment of 5 ft Alleyway D Staff Report Staff Report D Location Map Exhibit A® General Location Map D Location Map Exhibit B ® Location Map ABAN 21-001 D Location Map Exhibit B ® Location Map ABAN 21-002 D Drawings Exhibit C ® Survey ABAN 21-001 D Drawings Exhibit C ® Survey ABAN 21-002 D Conditions of Approval Exhibit D ® Conditions of Approval Page 468 of 919 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE ABANDONMENT OF A PORTION 5 OF THE UNIMPROVED 30 FOOT WIDE RIGHT-OF-WAY OF NE 6 1sT STREET RUNNING NORTH AND SOUTH FROM NE 11TH 7 AVENUE SOUTH APPROXIMATELY 150 FEET; AUTHORIZING 8 THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH 9 SHALL BE RECORDED WITH THIS ORDINANCE IN THE 10 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Applicant is requesting abandonment of a portion of the unimproved 30 14 foot wide right-of-way of NE lst Street running north and south from NE 11th Avenue south 15 approximately 150 feet; and 16 17 WHEREAS,staff has determined that the requested abandonment would not adversely 18 impact traffic or other City functions, and would not adversely impact other adjacent property 19 owners; and 20 21 WHEREAS, comments have been solicited from the appropriate City Departments, 22 and public hearings have been held before the City Commission on the proposed abandonment; 23 and 24 25 WHEREAS, staff has determined that the subject right-of-way no longer serves a 26 public purpose other than retention of a utility easement, if warranted and therefore 27 recommends approval of the request, subject to the accompanying conditions. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 31 32 Section 1. The foregoing whereas clauses are true and correct and incorporated 33 herein by this reference. 34 35 Section 2. The City Commission of the City of Boynton Beach, Florida, does 36 hereby abandon a portion of the unimproved 30 foot wide right-of-way of NE lst Street 37 running north and south from NE 11th Avenue south approximately 150 feet. The property 38 being abandoned is more particularly described as follows: 39 40 THAT PORTION OF THE ROAD RIGHT OF WAY FOR N.E. IST STREET (THIRD 41 STREET AS LABELED ON PLAT) AS SHOWN ON THE PLAT OF MEEKS AND 42 ANDREWS ADDITION TO BOYNTON,ACCORDING TO THE PLAT THEREOF AS 43 RECORDED IN PLAT BOOK 5, PAGE 84, PUBLIC RECORDS OF PALM BEACH 44 COUNTY, FLORIDA, BOUNDED AS FOLLOWS: 45 ON THE NORTH BY THE WESTERLY PROJECTION OF THE NORTH LINE OF 46 LOT 10, BLOCK 3 OF SAID PLAT OF MEEKS AND ANDREWS ADDITION TO {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Wells Landing 30 ft RO".docx Page 469 of 919 47 BOYNTON; ON THE EAST BY THE WESTERLY LINE AND SOUTHERLY 48 EXTENSION OF SAID WESTERLY LINE OF LOT 10, BLOCK 3 OF SAID MEEKS 49 AND ANDREWS ADDITION TO BOYNTON; ON THE SOUTH BY THE 50 SOUTHERLY LINE OF THE PLAT OF SAID MEEKS AND ANDREWS ADDITION 51 TO BOYNTON;AND ON THE WEST BY THE EAST LINE AND THE SOUTHERLY 52 EXTENSION OF THE EAST LINE OF LOT 1, MEEKS ADDITION TO BOYNTON, 53 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54 54,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 55 CONTAINING 4,650 SQUARE FEET MORE OR LESS. 56 57 58 Section 3. The City Manager is hereby authorized and directed to execute the 59 attached Disclaimer and cause the same to be filed,with this Ordinance, in the Public Records 60 of Palm Beach County, Florida. 61 62 Section 4. This Ordinance shall take effect immediately upon passage. 63 64 FIRST READING this day of_November, 2020. 65 66 SECOND, FINAL READING AND PASSAGE THIS day of , 2020. 67 68 CITY OF BOYNTON BEACH, FLORIDA 69 70 YES NO 71 Mayor— Steven B. Grant 72 73 Vice Mayor—Ty Penserga 74 75 Commissioner—Justin Katz 76 77 Commissioner—Woodrow L. Hay 78 79 Commissioner— Christina L. Romelus 80 81 VOTE 82 ATTEST: 83 84 85 Crystal Gibson, MMC 86 City Clerk 87 88 89 (Corporate Seal) {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Wells Landing 30 ft RO".docx Page 470 of 919 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the unimproved 30 foot wide right-of-way of NE lst Street running north and south from NE 11th Avenue south approximately 150 feet. The property being abandoned is more particularly described as follows: THAT PORTION OF THE ROAD RIGHT OF WAY FOR N.E. 1 ST STREET(THIRD STREET AS LABELED ON PLAT) AS SHOWN ON THE PLAT OF MEEKS AND ANDREWS ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 84, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: ON THE NORTH BY THE WESTERLY PROJECTION OF THE NORTH LINE OF LOT 10, BLOCK 3 OF SAID PLAT OF MEEKS AND ANDREWS ADDITION TO BOYNTON; ON THE EAST BY THE WESTERLY LINE AND SOUTHERLY EXTENSION OF SAID WESTERLY LINE OF LOT 10, BLOCK 3 OF SAID MEEKS AND ANDREWS ADDITION TO BOYNTON; ON THE SOUTH BY THE SOUTHERLY LINE OF THE PLAT OF SAID MEEKS AND ANDREWS ADDITION TO BOYNTON;AND ON THE WEST BY THE EAST LINE AND THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 1, MEEKS ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9,PAGE 54,PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 4,650 SQUARE FEET MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of November, 2020. CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Wells Landing 30 ft RO".docx Page 471 of 919 and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of , 2020. NOTARY PUBLIC, State of Florida My Commission Expires: {S:\CA\Ordinances\Abandonments\Abandonment of ROW(Wells Landing 30 ft ROW).docx Page 472 of 919 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE ABANDONMENT OF A PORTION 5 OF AN UNIMPROVED FIVE (5) FOOT WIDE ALLEY RUNNING 6 EAST TO WEST FROM SEACREST BOULEVARD EAST TO 7 APPROXIMATELY 436.5 FEET; AUTHORIZING THE CITY 8 MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE 9 RECORDED WITH THIS ORDINANCE IN THE PUBLIC 10 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Applicant is requesting abandonment of a portion of an unimproved five 14 (5) foot wide alley running east to west from Seacrest Boulevard east to approximately 436.5 15 feet; and 16 17 WHEREAS, staff has determined that the requested abandonment would not adversely 18 impact traffic or other City functions, and would not adversely impact other adjacent property 19 owners; and 20 21 WHEREAS, comments have been solicited from the appropriate City Departments, 22 and public hearings have been held before the City Commission on the proposed abandonment; 23 and 24 25 WHEREAS, staff has determined that the subject alleyway no longer serves a public 26 purpose and therefore recommends approval of the request, subject to the accompanying 27 conditions. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 31 32 Section 1. The foregoing whereas clauses are true and correct and incorporated 33 herein by this reference. 34 35 Section 2. The City Commission of the City of Boynton Beach, Florida, does 36 hereby abandon a portion of an unimproved five (5) foot wide alley running east to west from 37 Seacrest Boulevard east to approximately 436.5 feet. The property being abandoned is more 38 particularly described as follows: 39 40 THAT PORTION OF THE 5 FOOT RESERVED AREA(ALLEY)AS SHOWN ON THE 41 PLAT OF MEEKS ADDITION TO BOYNTON, ACCORDING TO THE PLAT 42 THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54, PUBLIC RECORDS OF 43 PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: 44 ON THE NORTH BY THE SOUTHERLY LINE OF LOTS 1 THROUGH 9,INCLUSIVE 45 OF SAID PLAT OF MEEKS ADDITION TO BOYNTON; ON THE EAST BY THE 46 WESTERLY RIGHT OF WAY LINE FOR N.E. IST STREET (THIRD STREET AS {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Wells Landing 5 ft Alley).docx Page 473 of 919 47 LABELED ON PLAT), AS SHOWN ON THE PLAT OF MEEKS AND ANDREWS 48 ADDITION TO BOYNTON,ACCORDING TO THE PLAT THEREOF AS RECORDED 49 IN PLAT BOOK 5, PAGE 84, PUBLIC RECORDS OF PALM BEACH COUNTY, 50 FLORIDA; ON THE SOUTH BY THE SOUTHERLY LINE OF THE PLAT OF MEEKS 51 ADDITION TO BOYNTON AS RECORDED IN SAID PLAT BOOK 9,PAGE 54;AND 52 ON THE WEST BY THE EAST RIGHT OF WAY LINE OF SEACREST BOULEVARD 53 AS NOW LAID OUT AND IN USE, ALL BEING IN THE PUBLIC RECORDS OF 54 PALM BEACH COUNTY, FLORIDA. 55 CONTAINING 2,183 SQUARE FEET MORE OR LESS. 56 Section 3. The City Manager is hereby authorized and directed to execute the 57 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records 58 of Palm Beach County, Florida. 59 60 Section 4. This Ordinance shall take effect immediately upon passage. 61 62 FIRST READING this day of_November, 2020. 63 64 SECOND, FINAL READING AND PASSAGE THIS day of , 2020. 65 66 CITY OF BOYNTON BEACH, FLORIDA 67 68 YES NO 69 Mayor— Steven B. Grant 70 71 Vice Mayor— Ty Penserga 72 73 Commissioner—Justin Katz 74 75 Commissioner—Woodrow L. Hay 76 77 Commissioner—Christina L. Romelus 78 79 VOTE 80 ATTEST: 81 82 83 Crystal Gibson, MMC 84 City Clerk 85 86 87 (Corporate Seal) {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Wells Landing 5 ft Alley).docx Page 474 of 919 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of an unimproved five (5) foot wide alley running east to west from Seacrest Boulevard east to approximately 436.5 feet. The property being abandoned is more particularly described as follows: THAT PORTION OF THE 5 FOOT RESERVED AREA (ALLEY) AS SHOWN ON THE PLAT OF MEEKS ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: ON THE NORTH BY THE SOUTHERLY LINE OF LOTS 1 THROUGH 9, INCLUSIVE OF SAID PLAT OF MEEKS ADDITION TO BOYNTON; ON THE EAST BY THE WESTERLY RIGHT OF WAY LINE FOR N.E. IST STREET (THIRD STREET AS LABELED ON PLAT), AS SHOWN ON THE PLAT OF MEEKS AND ANDREWS ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 84, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; ON THE SOUTH BY THE SOUTHERLY LINE OF THE PLAT OF MEEKS ADDITION TO BOYNTON AS RECORDED IN SAID PLAT BOOK 9, PAGE 54; AND ON THE WEST BY THE EAST RIGHT OF WAY LINE OF SEACREST BOULEVARD AS NOW LAID OUT AND IN USE, ALL BEING IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 2,183 SQUARE FEET MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of November, 2020. CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Wells Landing 5 ft Alley).docx Page 475 of 919 BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of , 2020. NOTARY PUBLIC, State of Florida My Commission Expires: {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Wells Landing 5 ft Alley).docx Page 476 of 919 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 21-001 TO: Chair and Members Planning & Development Board FROM: Amanda B. Radigan Principal Planner THRU: Ed Breese Planning & Zoning Administrator DATE: October 16, 2020 SUBJECT: Request for abandonment of a portion of the unimproved 30 foot wide right- of-way of NE 1St Street running north and south from NE 11th Avenue south approximately 150 feet(ABAN 21-002); and a request for abandonment of a portion of an unimproved five (5) foot wide alley running east to west from Seacrest Boulevard east to approximately 436.5 feet (ABAN 21-001). BACKGROUND The applicant, Elizabeth Roque with Wells Landing LLC is requesting to abandon (ABAN 21-002)a portion of the unimproved 30-foot wide right-of-way of NE 1St Street extending from NE 11th Avenue south 150 feet; and to abandon (ABAN 21-001) a portion of an unimproved five (5) foot wide alley from Seacrest Boulevard east approximately 436.5 feet (see Exhibit "A" — Location Map). The request for abandonment is concurrent with a New Site Plan Application (NWSP 20-004) and a Land Use Map Amendments and Rezoning Application (LUAR 20-004) for a proposed mixed-use project, Wells Landing North, which contains 24 dwelling units and 8,530 square feet of commercial space. This abandonment is for the following two street segments: ABAN 21-001 THAT PORTION OF THE 5 FOOT RESERVED AREA (ALLEY) AS SHOWN ON THE PLAT OF MEEKS ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: ON THE NORTH BY THE SOUTHERLY LINE OF LOTS 1 THROUGH 9,INCLUSIVE OF SAID PLAT OF MEEKS ADDITION TO BOYNTON;ON THE EAST BY THE WESTERLY RIGHT OF WAY LINE FOR N.E. 1 ST STREET(THIRD STREET AS LABELED ON PLAT),AS SHOWN ON THE PLAT OF MEEKS AND ANDREWS ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 84, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; ON THE SOUTH BY THE SOUTHERLY LINE OF THE PLAT OF MEEKS ADDITION TO BOYNTON AS RECORDED IN SAID PLAT BOOK 9, PAGE 54;AND ON THE WEST BY THE EAST RIGHT OF WAY LINE OF SEACREST BOULEVARD AS NOW LAID OUTAND IN USE, ALL BEING IN THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. CONTAINING 2,183 SQUARE FEET MORE OR LESS; AND ABAN 21-002 THAT PORTION OF THE ROAD RIGHT OF WAY FOR N.E. 1ST STREET (THIRD STREET AS LABELED ON PLAT) AS SHOWN ON THE PLAT OF MEEKS AND ANDREWS ADDITION TO BOYNTON,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 84, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: ON THE NORTH BY THE WESTERLY PROJECTION OF THE NORTH LINE OF LOT 10, BLOCK 3 OF SAID PLAT OF MEEKS AND ANDREWS ADDITION TO BOYNTON; ON THE EAST BY THE WESTERLY LINE AND SOUTHERLY EXTENSION OF SAID WESTERLY LINE OF LOT 10,BLOCK 3 OF SAID MEEKS AND ANDREWS ADDITION TO BOYNTON; ON THE SOUTH BY THE Page 477 of 919 Page 2 Memorandum No. PZ 21-001 ABAN 21-001 &ABAN 21-002 SOUTHERLY LINE OF THE PLAT OF SAID MEEKS AND ANDREWS ADDITION TO BOYNTON; AND ON THE WEST BY THE EAST LINE AND THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 1, MEEKS ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 4,650 SQUARE FEET MORE OR LESS. The location maps attached as Exhibit "A" shows the general vicinity of the right-of-way to be abandoned. The attached Exhibit"B"- "Proposed Abandonment" shows the location of the subject property and Exhibit "C" is a Boundary Survey of the portion of the right-of-way to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject requests. The following is a description of the zoning districts and land uses of the properties that surround the subject right-of-way abandonment request: ABAN 20-001 North: Portion of the proposed Wells Landing North with a Future Land Use classification of Mixed Use Low(MXL)and a proposed Zoning designation of MU-1 (Mixed Use 1) and; single family and duplex residences with a Future Land Use classification of Medium Density Residential and a Zoning designation of R-2 (Duplex). South: Portion of the proposed Wells Landing North with a Future Land Use classification of Mixed Use Low(MXL)and a proposed Zoning designation of MU-1 (Mixed Use 1) and; developed and undeveloped commercial property with a Future Land Use classification of Local Retail Commercial and a Zoning designation of C-2 (Neighborhood Commercial). East: The continuation of the right-of-way for the alley,then farther the right-of-way for NE 2nd Street. West: Right-of-way for Seacrest Boulevard, then farther west single family and duplex residences with a Future Land Use classification of Medium Density Residential and a Zoning designation of R-2 (Duplex). ABAN 20-002 North: Right-of-way for NE 11th Avenue, then farther north the continuations of the right-of-way for NE 1St Street. South: Portion of the proposed Wells Landing North with a Future Land Use classification of Mixed Use Low(MXL)and a proposed Zoning designation of MU-1 (Mixed Use 1) and; undeveloped commercial property with a Future Land Use classification of Local Retail Commercial and a Zoning designation of C-2 (Neighborhood Commercial). East: Developed commercial property, currently a church,with a Future Land Use classification of Medium Density Residential and a Zoning designation of R-2 (Duplex). West: Portion of the proposed Wells Landing North with a Future Land Use classification of Mixed Use Low(MXL)and a proposed Zoning designation of Page 478 of 919 Page 3 Memorandum No. PZ 21-001 ABAN 21-001 &ABAN 21-002 MU-1 (Mixed Use 1). ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and signs posted for the Planning & Development Board and City Commission hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection Public Works/Utilities No objection, with the requirement of 12 foot wide easement over existing drainage infrastructure on NE 1St Street (see Exhibit D) Planning and Zoning No objection, with recommended condition (see Exhibit D) PUBLIC UTILITY COMPANIES Florida Power and Light No response received as of the date of this report. Relocation of utilities will be necessary they will be at the developer's cost (see Exhibit D). AT&T No response received as of the date of this report. If easements and/or relocation of utilities are necessary they will be at the developer's cost (see Exhibit D). Florida Public Utilities No response received as of the date of this report. If easements and/or relocation of utilities are necessary they will be at the developer's cost (see Exhibit D). Comcast No objection. Windstream No response received as of the date of this report. If easements and/or relocation of utilities are necessary they will be at the developer's cost (see Exhibit D). RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions and would not adversely impact other adjacent property owners. Based on the above- analysis, staff has determined that the subject right-of-way segment no longer serves a public purpose other than retention of necessary utility easements and therefore recommends APPROVAL of the requests, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "D" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Wells Landing\Wells Landing North Abandonment-ABAN 21-001 ABAN 21- 002\_StaffReport\_Staff Report ABAN 21-001 ABAN 21-002.doc Page 479 of 919 Exhibit A WELLS LANDING ABANDONMENTS 4 t s V/ �3 i k t a m ABAN 21-001 t t- Martin Luther'King Jr Blvd .ti t� NE 9th t ; 0 35 70 140 2100 Exhibit B WELLS LANDING ABANDONMENT ABAN 21 -001 S. the r Z NE 11 th we Aql �8 Martin Luther King ,!r Blvd tis,, a S`i3 l 0 20 40 80 12k,4 Exhibit B WELLS LANDING ABANDONMENT ABAN 21 -002 j , , f- a i hti' � s# i i i '11 Martin Luther ing Kr Blued 0 1530 60 90F46f 9 SKETCH OF DESCRIPTION EXHIBIT 'A" SHEET I OF I J ~Z MEEKS ADDITION TO BOYNTON Q (LOTS 1-8 AAD A PORTION OF LOT 9) (n h (PLAT BOOK 9, PAGE 54) 5'RESERVED AREA I� N89°59'54"W. (ALLEY)PLAT BOOK 9, SOUTH LINE PLAT PAGE 54 d m 0 BOOK 9, PAGE 54 436.60' o W Q z� 436.55' Q N89°59'54 BLOCK 1, FRANK WEBBER ADD. (PLAT BOOK 9, PAGE 3) W J U Z DESCRIPTION- SURVEYOR'S NOTESfLEGEND.• THAT PORTION OF THE 5 FOOT RESERVED AREA THIS IS NOT A SURVEY (ALLEY) AS SHOWN ON THE PLAT OF MEEKS ADDITION TO BOYNTON, ACCORDING TO THE = CENTERLINE PLA T THEREOF AS RECORDED IN PLA T BOOK 9, PAGE 54, PUBLIC RECORDS OF PALM BEACH THE SOUTH LINE OF PLA T COUNTY, FLORIDA, BOUNDED AS FOLLOWS: BOOK 9, PAGE 54 IS ASSUMED TO BEARS N.89°5954"W. ON THE NORTH BY THE SOU THERL Y LINE OF LOTS 1 THROUGH 9, INCLUSIVE OF SAID PLA T OF MEEKS ADDITION TO BOYNTON,• ON THE EAST BY THE WESTERLY RIGHT OF WAY LINE FOR N.E. IST STREET (THIRD STREET AS LABELED ON PLA T), AS SHOWN ON THE PLA T OF MEEKS AND ANDREWS ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 84, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; ON THE SOUTH BY THE SOU THERL Y LINE OF THE PLA T OF MEEKS ADDITION TO BOYNTON AS RECORDED IN SAID PLA T BOOK 9, PAGE 54, AND ON THE WEST BY THE EAST PAUL D. ENGLE RIGHT OF WAY LINE OF SEA CREST BOULEVARD SURVEYOR & MAPPER NO. 5708 AS NOW LAID OUT AND IN USE, ALL BEING IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. DATE. OCTOBER 7, 2020 CONTAINING 2,183 SQUARE FEET MORE OR O'BRIEN, SUI TER do O'BRIEN, INC. LESS. CER TIFICA TE OF AUTHORIZA TION#LB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE. PAUL D. ENGLE 955 N.W. 17TH A VENUE, SUITE K-1 ORDER NO. 19-60"5' ALLEY R/W ABANDONMENT" DELRAY BEACH FLORIDA 33445 (561) 276-4501 (561) 732-3279 age 483 ot 919 XSDramngsIGENERALCADDIGxdl5'ALLEYABANDONMENT--10/07/2020--02.03PM-- Scale1:240.0000 SKETCH OF DESCRIPTION EXHIBIT 'A" SHEET I OF I _ N.E. 11TH AVENUE _ DESCRIPTION.• 400, THA T PORTION OF THE ROAD RIGHT OF WA Y N.89'f954"W. FOR N.E. 1ST STREET (THIRD STREET AS NORTH LINE LABELED ON PLA T) AS SHOWN ON THE PLA T OF LOT 10, MEEKS AND ANDREWS ADDITION TO BOYNTON, BLOCK 3 ACCORDING TO THE PLAT THEREOF AS N 15.0' 15.0' RECORDED IN PLAT BOOK 5, PAGE 84, PUBLIC li I RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: ON THE NORTH BY THE WESTERL Y PROJECTION OF THE NORTH LINE OF LOT 10, BLOCK 3 OF SAID PLAT OF MEEKS AND ANDREWS ADDITION TO BOYNTON; ON THE EAST BY THE WESTERL Y o LINE AND SOUTHERL Y EXTENSION OF SAID WESTERLY LINE OF L 0 T 10, BLOCK 3 OF SAID io MEEKS AND ANDREWS ADDITION TO BOYNTON,• ON THE SOUTH BY THE SOUTHERL Y LINE OF THE PLA T OF SAID MEEKS AND ANDREWS o i p O ADDITION TO BO YNTON,• AND ON THE WEST BY w Z THE EAST LINE AND THE SOUTHERL Y Z ow EXTENSION OF THE EAST LINE OF LOT 1 O z' U)O MEEKS ADDITION TO BOYNTON, ACCORDING TO Z W m THE PLA T THEREOF AS RECORDED IN PLA T X CO AY I o BOOK 9, PAGE 54, PUBLIC RECORDS OF PALM W m O Qo O BEACH COUNTY, FLORIDA. � O°� O o LESS. 4,650 SQUARE FEET MORE OR OOti �o `moi`- Jp m o W o SURVEYOR'S W MT ILEGEND.- Q �I w ~O THIS IS NOT A SURVEY i J Q = CENTERLINE THE WEST LINE OF L 0 T 1 (PLAT BOOK 9, PAGE 54) IS ASSUMED TO BEARS N.1007'54"W. i i SOUTH LINE OF 1501 150, LOT 10, BLOCK 3 PAUL D. ENGLE i SURVEYOR & MAPPER N0. 5708 5'RESERVED AREA 5'RESERVED AREA (ALLEY)PLAT BOOK 9, I (ALLEY)PLAT BOOK 5, PAGE 54 PAGE 84 DATE. OCTOBER 7, 2020 O'BRIEN, SUITER do O'BRIEN, INC. N89° 9'54"w. CER TIFICA TE OF AUTHORIZA TION#LB353 30.00 L,01 TH LAE OF SURVEYOR AND MAPPER IN RESPONSIBLE BLOCK 1, FRANK WEBBER ADD. PLAT BOOK 5, CHARGE. PAUL D. ENGLE (PLAT BOOK 9,PAGE 3) PAGE 84 955 N.W. 17TH A VENUE, SUITE K-1 DELRORDER NO. 19-60'NE. 1ST R/W ABANDONMENT" (561) 2 BEACH FLORIDA 2-J2 (561) 276-4501 (561) 732-3279 age 4b4 Ot 91 X-IDraw4ngsIGENERALCADDIGxcANE1STSTREETABANDONMENT--10/07/2020--02.02PM-- Sc21e 1:240.0000 EXHIBIT "D" Conditions of Approval Project Name: Wells Landing North File number: ABAN 21-001 &ABAN 21-002 Reference: 1St review of plans identified as an Abandonment 21-0001 and Abandonment 21-002 with a October 15, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. The City requires a twelve-foot-wide utility easement centered on X the existing stormwater pipe within right-of-way of NE 1St Street. PLANNING &ZONING Comments: None. UTILITY COMPANIES Comments: 2. If any utility companies that which have not responded to the X request for abandonment as of the date of this report require an easement and/or relocation of utilities the developer will be responsible for the associated cost. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATION / COMMITMENTS 3. The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\Wells Landing\Wells Landing North Abandonment-ABAN 21-001 ABAN 21-002\_StaffReport\Exhibit D-COA ABAN 21-001 and ABAN 21-002.doc Page 485 of 919 8.1. PUBLIC HEARING 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Approve Wells Landing South (NW SP 20-005) New Site Plan for a multi-family residential development consisting of two (2), four-story buildings with a total of 100 affordable housing dwelling units, associated parking and related site improvements on a 2.69-acre site. Applicant: Elizabeth Roque, Wells Landing Apartments LLC Explanation of Request: The Wells Landing South development is located within the Martin Luther King Jr. Boulevard Overlay as defined by the Boynton Beach Community Redevelopment Plan. The project area totals 2.69 acres in size and is composed of several undeveloped parcels. The project proposes two (2), four (4)-story multi-family residential buildings—a building on the north side of the site consisting of 1-3 bedroom apartments, and a building on the west side consisting of 1-3 bedroom apartments, leasing office, fitness center and trash room. The majority of the apartment units include a balcony, patio or front. The ground floor apartment units facing East Martin Luther King Jr. Boulevard will have covered front porches in order to meet the active area requirement of the Land Development Regulations and to allow the residential use to "engage" with the street. This application is being processed concurrently and in conjunction with the Wells Landing North site plan application, representing the other portion of this mixed-use development consisting of a three (3)-story with 24 affordable housing dwelling units, 8,530 square feet of commercial space, associated parking and related site improvements on 1.23-acre site. The Planning & Development Board recommended approval of this item at the October 27, 2020 meeting. How will this affect city programs or services? N/A Fiscal Impact: Additional units will contribute to the City's tax base. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: Subject project contributes to the redevelopment of the H.O.B. area within the CRA, and therefore furthers Strategic Plan Project 2.5 which is implementation of the Boynton Beach Community Redevelopment Plan. CLIMATE ACTION APPLICATION: N/A Page 486 of 919 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Exhibit A® Location Map D Drawings Exhibit B ® Project Plans D Conditions of Approval Exhibit C ® Conditions of Approval D Development Order Development Order Page 487 of 919 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-027 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda B. Radigan, Principal Planner Luis Bencosme, Planner II DATE: October 13, 2020 PROJECT NAME: Wells Landing (NWSP 20-004) REQUEST: Approval of a New Site Plan Application for a multi-family residential development consisting of two (2), four-story buildings with a total of 100 affordable housing dwelling units, associated parking and related site improvements on a 2.69-acre site. PROJECT DESCRIPTION Property Owner: Wells Landing Apartments, LLC Applicant: Elizabeth Roque, Wells Landing Apartments, LLC Agent: Brian Herbert, Gallo Herbert Architects Location: North of NE 9th Avenue, south of E. Martin Luther King Jr. Boulevard and just east of N. Seacrest Boulevard (see Exhibit "A"— Site Location Map) Existing Land Use: Mixed-Use Medium (MXM) Proposed Land Use: Mixed-Use Medium (MXM) Existing Zoning: MU-2 (Mixed Use 2) Proposed Zoning: MU-2 (Mixed Use 2) Proposed Use: Multi-family residential development with 100 affordable housing dwelling units, and associated parking and related site improvements. Acreage: 2.69 acres Page 488 of 919 Wells Landing South (NWSP 20-005) Memorandum No PZ 20-024 Page 2 Adjacent Uses: North: Developed outparcel classified Mixed Use Medium (MXM) and zoned MU-2 (Mixed Use 2); further north the right-of-way for East Martin Luther King Jr. Boulevard and undeveloped commercial properties classified Local Retail Commercial (LRC) and zoned C2 (Neighborhood Commercial). South: Right-of-way for NE 91h Avenue; further south developed property classified Public& Private Governmental/Institutional (PPGI)and zoned Public Usage (PU). East: Developed residential properties classified Medium Density Residential (MEDR) and zoned R2 (Duplex). West: Developed commercial properties classified Local Retail Commercial (LRC) and zoned C2 (Neighborhood Commercial). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The proposed Wells Landing South mixed-use development is located within the Martin Luther King Jr. Boulevard Overlay as defined by the CRA Community Redevelopment Plan. The project area totals 2.69 acres in size and is composed of several undeveloped parcels. The applicant is requesting approval of a New Major Site Plan (NWSP 20- 005) application for the construction of two (2), four-story buildings consisting of 100 affordable dwelling units comprised of a mix of one, two, and three-bedroom apartments, associated site improvements, and amenities. The parking lot will be located on the southern portion of the site, one building will be located along East Martin Luther King Jr. Boulevard, and one building perpendicular to East Martin Luther King Jr. Boulevard. ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. The project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. An approval letter from the County is required prior to permit issuance (See Exhibit "C" - Conditions of 2 Page 489 of 919 Wells Landing South (NWSP 20-005) Memorandum No PZ 20-024 Page 3 Approval). The traffic study provided indicates that this project is expected to generate 544 net daily trips, 36 net a.m. peak hour trips and 44 net p.m. peak hour trips. School: The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public-school students who will reside in the proposed dwelling units with their families. An approval letter from the County is required prior to permit issuance (See Exhibit "C" - Conditions of Approval). Utilities: The City's water capacity would meet the projected potable water demand for this project. The applicant has agreed to provide two independent sources of water and looped portable water main. Sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project. Additionally, reclaimed water is available. The applicant has agreed to make any necessary improvements to connect and use this resource for irrigation purposes (See Exhibit"C"-Conditions of Approval). The applicant has also agreed to make several upgrades to utility lines in the vicinity of the project as part of the site development, and will remove, cap and plug the sewer laterals that are currently not in service (See Exhibit "C" - Conditions of Approval). Police/Fire: The Police Department has reviewed the site plan to ensure it meets the CPTED (Crime Prevention Through Environmental Design) standards. The review comments have been addressed by the applicant. The Fire Department will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: The applicant submitted a preliminary engineering plan with conceptual drainage information for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that further review of specific drainage solutions be deferred until time of permit. The Engineering Department is requesting additional information on any historic surface water flows directed to the site, to ensure they are accommodated into the post development design (See Exhibit "C" - Conditions of Approval). Access: The development has one point of ingress/egress located on NE 91h Street. The entry drive leads to the project's parking lot located on the south side of the site, which has a two-way access isle that is of sufficient width to ensure safe, adequate and efficient vehicular circulation. The project also proposes an open play area composed of stabilized subgrade on the southeast side of the site. This area includes a 20-foot wide entry drive composed of stabilized surface material, which will be used strictly by emergency response vehicles during emergency situations. In addition, the project proposes 28 on-street parking spaces along East 3 Page 490 of 919 Wells Landing South (NWSP 20-005) Memorandum No PZ 20-024 Page 4 Martin Luther King Jr. Boulevard and NE 91h Avenue. The on-street parking spaces are intended to provide residents convenient and quick access to the buildings, as well as additional parking for the project. It is also intended to create a safer pedestrian environment by providing a physical barrier between the vehicular traffic and sidewalk. The proposed sidewalk is a minimum of eight (8) feet in width measured from the back of the curb to the center of the street trees located in the required five (5)-foot wide street tree area. The street tree area includes canopy trees to shelter pedestrians from the elements. The sidewalk along NE 9th Avenue is at least seven (7) feet wide and shielded from street vehicular traffic by on-street parallel parking. Additionally, the project proposes clearly marked walkways. The parking lot is traversed by a walkway with appropriate markings to provide a safe route from the NE 91h Avenue sidewalk to the building located on the north side of the site. Walkways are also proposed around the building to provide access to the entrances of both buildings. Parking: Off-street parking forthe MU-2 zoning district requires 1.5 parking spaces for studios and one-bedroom units, and two (2) parking spaces for two (2) or more bedroom units. The project proposes a total of one 100 units (4 one- bedroom apartments, 72 two-bedroom apartments and 24 three-bedroom apartments),which would require 198 parking spaces.Additionally,the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds another 15 parking spaces to the total. Under this standard methodology for calculating required off-street parking spaces, a grand total of 213 parking spaces would be required (See Exhibit "C" - Conditions of Approval). The applicant submitted a parking study that recommends a 22% parking reduction based on the parking rates suggested by four nationally recognized publications in the parking industry, the implementation of Transportation Demand Management (TDM) program, and the parking ratios provided by comparable projects—thus reducing the required amount of parking spaces to 166. The study indicates that the project's parking demand will be lowered by the inclusion of covered bicycle racks that can accommodate 12 bicycles, installation of a kiosk in the clubhouse to provide bus route and ride sharing information, and restricting tenants to a maximum of 2 vehicles per unit. Furthermore, the parking analysis compares the proposed parking ratio with similar Centennial projects located in South Florida (Pembroke Park and Miami-Dade); the projects include Pembroke Villas, Country Club Villas Phase II and Viscaya Villas. According to the analysis, the comparable projects have not experienced any parking issues, even though they provide less parking per bedroom in comparison to the Wells Landing North development. The site plan proposes 145 off-street parking spaces and 28 on-street parking spaces. The parking spaces conform to the dimensional standards required for parking spaces within the CRA of 9 feet by 18 feet for 90-degree parking and 8 feet by 22 feet for parallel spaces. 4 Page 491 of 919 Wells Landing South (NWSP 20-005) Memorandum No PZ 20-024 Page 5 The parking lot will be located on the south side of the project site and fully screened from view of the East Martin Luther King Jr. Boulevard right-of-way by the proposed buildings. It will also be effectively screened from view of adjacent properties and NE 91h Avenue right-of-way with appropriate landscape buffers and landscape strip. Landscaping: The Plant List (Sheet L1) indicates that the project would add a total of 142 trees — including 90 canopy trees, 3 small, multi-trunk trees and 49 palm trees — 1,024 shrub specimens, and 974 small shrubs/groundcover plants. The plant material is proposed around the site perimeter, around the building base, within the parking lot landscape islands and street tree area. Additionally, all plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low"or"medium"watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: High Rise Live Oak, Gumbo Limbo, Pigeon Plum, Pink Trumpet, Japanese Fern, Silver Buttonwood, Spanish Stopper, Jacaranda Tree, Japanese Privet, Royal Palm, Single Alexander Palm and Double Montgomery Palms. The applicant has chosen Milkweed, Anderson Crepe Hibiscus, Dwarf Firebush and Dwarf Pentas as the project's butterfly attracting plant species. Projects proposed in the Mixed Use 2 (MU-2) district are subject to the "Streetscape Design"portion of the landscape code regulations.These code provisions recognize the desire for reduced building setbacks, thus creating an urban setting. The purpose of the "Streetscape Design" concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and optimize the pedestrian experience.This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings,tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The proposed streetscape design for the project includes canopy street trees (Live Oak"High Rise")—planted inside five (5)feet by five (5)feet tree pits— and three (3) Royal Palms located in front of the leasing office and fitness center. Additionally, the streetscape design includes shrubs (Green Island Ficus) around the base of the street trees—which shall be substituted with flexi-pave (See Exhibit"C"-Conditions of Approval)—and ten (10) benches. The streetscape has been designed with the street trees placed between the sidewalk and active area to provide a pleasant pedestrian pathway that is shaded to the maximum extent possible. The Landscape Plan (L2) depicts landscape buffers along the west and east property lines. The landscape buffer along the east property line is comprised of a six(6)-foot tall decorative wall and a variety of trees (Gumbo Limbo, Pigeon Plum, Pink Trumpet Tree and Single Alexander Palms) and shrubs (Podocarpus, Red Tip Copcoplum and Variegated Schefflera). The landscape buffer along the west side consists of trees (Pigeon Plum) and hedge (Podocarpus). Lastly, the proposed landscape strip along the NE 91h Avenue right-of-way includes canopy trees (Live Oak "High Rise") and a hedge (Podocarpus). 5 Page 492 of 919 Wells Landing South (NWSP 20-005) Memorandum No PZ 20-024 Page 6 Building and Site: The project site is comprise of primarily undeveloped parcels—totaling 2.69 acres in size and abutting East Martin Luther King Jr. Boulevard to the north and NE 91h Avenenue to the south. One of the subject parcels is deleloped with a two-family residential building. Additionally, the site surrounds a developed outparcel that currently has a convenience store (MLK Quick Stop) that is not incuded in this project. The project proposes two (2), four(4)-story multi-family residential buildings — a building on the north side of the site consisting of 1-3 bedroom apartments, and a building on the west side consisting of 1-3 bedroom apartments, leasing office, fitness center and trash room. The majority of the apartment units include a balcony, patio or front. The ground floor apartment units facing East Martin Luther King Jr. Boulevard will have covered front porches in order to meet the active area requirement and allow the residential use to engage with the street.. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use 2 (MU-2) zoning district has a maximum allowable FAR of 3.0; the project propoes 1.03. The District also has a maximum allowable density of 40 dwelling units per acre — limiting the project to 107 units. The project proposes 100 units. Building Height: The maximum building height allowed in the MU-1 (Mixed Use 1) zoning district is 55 feet. The building elevations depict a proposed building height of 51 feet, 1 inch. Setbacks: The MU-2 (Mixed Use 2) zoning district requires no building setbacks from the Martin Luther King Jr. Boulevard right-of-way, but rather a build-to line which accommodates for the required pedestrian zone. The pedestrian zone along East Martin Luther King Jr. Boulevard is required to have the following components: 1) a five (5)foot wide street tree area, measured from the back of the curb, 2) an eight (8) foot wide sidewalk, free from obstructions, measured from the centerline of street trees, and 3) a five (5) foot wide active area, measured from the edge of the sidewalk. The project proposes an expanded pedestrian area along this street at approximately 25.5 feet from the back of the curb. The project proposes two multi-family buildings. The building on the north side of the site is setback approximately 15.75 feet from the east side property line and 13.75 feet from the west side property line. Furthermore, the second building proposed on the west side of the site is setback approximately 17.5 feet from the west side property line and 13.5 feet from the east side property line. Amenities: As previously stated, the project proposes an expanded pedestrain zone to accomadte activity along the right-or-way.Also, the pathway along the south side of the building mirrors the pedestrian zone along East Martin Luther 6 Page 493 of 919 Wells Landing South (NWSP 20-005) Memorandum No PZ 20-024 Page 7 King Jr. Boulevard. The project amenities include a large open play outdoor area (3,500 square feet) for residents to enjoy the outdoors and engage in physical activities. This area will include a driveway composed of stabilized subgrade, which will be limited to fire trucks and blocked by mountable curbs.Additionally, the building located on the west side of the site will include a fitness center, which has been strategically located next to the leasing office and adjacent to the Martin Luther King Jr. Boulevard pedestrian area. The project is located at walking distance to the newly renovated Sara Sims Park, which provides the following amenities: basketball courts, BBQ grills, fitness trail, horseshoe court, open play area, pavilions, racquetball court and restrooms.Also, the project is at walking distance to the Palm Tram bus stops located near the corner of East Martin Luther King Jr. Boulevard and N. Seacrest Boulevard. Lastly, covered bike racks are provided on the north side of the site, near the building. Design: The intended architectural style for the project is Floribbean Style, which is an interpretation of Old Florida Style architecture. This architectural style helps to create a sense of identity for the East Martin Luther King Jr. Boulevard Overlay zone as it utilizes Florida Vernacular design elements and materials. The project features ample horizontal and vertical facade articulation, and a combination of architectural features, materials and complementary colors. The building facing Martin E. Luther King Jr. Boulevard features a strong building base (first level) that include covered front porches and patios — consisting of decorative railings and supporting columns. The facade materials include horizontal vinyl siding, concrete panels and smooth stucco. The second building located on the west side of the site has similar facade design features (balconies with decorative railings), materials (horizontal vinyl siding, smooth stucco and concrete panels) and light pastel colors Spare White, Bluebell, Topiary Tint, Pineapple Cream and Greek Vanilla). The facade of the fitness center/ leasing office fronting East Martin Luther King Jr. Boulevard includes concrete panels, vertically oriented vision glass doors and side panels, as well as eyebrows above the front and side entrance doors. The upper portions of the building—second, third and fourth levels—include balconies with decorative railings and vertically oriented windows and sliding doors. The project also proposes an articulated roof line consisting of standing seam metal hip roofs; flat roofs decorated with metal work; and towers that rise higher than the rest of the building. The mixed-use projects are designed to create a pedestrian-friendly environment by placing the buildings along the pedestrian zones and articulating the building mass to avoid a repetitive, continuous, monotonous building block. The front porches and balconies protrude from the building 7 Page 494 of 919 Wells Landing South (NWSP 20-005) Memorandum No PZ 20-024 Page 8 mass, which break the building mass and add architectural interest and variety to the building design. Additionally, the facades are softened by foundation planting. Sustainability: Mixed use developments consisting of 21 dwelling units and up to 50 units must achieve a minimum of 20 sustainability points. The development proposes to satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Efficient Cooling - All air conditioners are Energy Star 2 -qualified. Minimum SEER 16. Efficient Water Heating - At least 75% of hot water on premises is heated via Energy Star Certified water heaters 2 or solar water heaters. Cool Roof- Use roofing materials that have a Solar Reflective Index (SRI) 75 for low-sloped roofs (<2:12) or 25 2 for steep- sloped roofs (>2:12) for a minimum of 75% of the roof surface. Building Color— Utilization of white or cool light colors for the body of buildings to reflect rather than absorb heat and 2 reduce cooling costs. Accent and trim colors are not limited to these choices. Lighting — Provide energy efficient lighting such as LED 1 lighting for building interiors for 100% of proposed lighting. Energy star appliances —All appliance with in a building are 2 100% energy star. Insulation - Provide increased insulation to achieve a 2 minimum R-19 in walls and R-38 in the ceiling. WATER CONSERVATION & MANAGEMENT Reuse Water- Utilization of reuse water for irrigation (if requested and approved by the Utilities Department to be 4 brought to the site). URBAN NATURE Tree Canopy— Provide canopy trees in an amount that 2 exceeds the minimum number of required trees by 10%. TRANSPORTATION Electric Charging Stations - Provide four (4) over the 2 -required number of electric car charging stations. Total Points 21 Lighting: The photometric plans (Sheets EPH-001S & EPH-101S) include 15 freestanding pole light fixtures, with pole height of 25 feet. It also includes 8 light fixtures mounted to the building walls. The City's Land Development Regulations requires limits the lighting levels to a maximum of 5.9 foot- candles. The Site Photometric Plan depicts lighting levels below the above- mentioned foot-candles limit. 8 Page 495 of 919 Wells Landing South (NWSP 20-005) Memorandum No PZ 20-024 Page 9 Signage: Site and building signage have not been finalized and a Sign Program must be approved prior to requesting any sign permits for the site (see Exhibit"C" — Conditions of Approval). Public Art: As a low-income housing project, this project is exempt from participating in the Art in Public Places Program. RECOMMENDATION Staff has reviewed this request for a New Site Plan and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Wells Landing\Wells Landing South NWSP 20-005\Wells Landing South Staff Report(NWSP 20-005).doc 9 Page 496 of 919 Exhibit A WELLS LANDING LOCATION MAP } t == ME 11 th Ave LU 1`S Martin- LutherAing Jr BI�d t �1n " -- N E 9' h 14ve � fff, ts1f 0 25 50 100 150 I....1,...1'1_X,33......1�1"a,I,'"E' z VHO �J z" 3 rcf} ( a S N 6 Q O o ❑ o C.............� m � U I a w ego ........ - .........®r ------------ 0 I� w o m m m y � ❑ w m i a o a = ow ow a w � ow 0 rn \ 0 cos a e I i N a J ® � , : I `III (6 e ® L 9 I � I ® : . 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C7 m� a Wrn z z CY) w z 0 LO 13 k Oo'00 M Ll,9Z.l ,00 SS M„Ll9Z.lON �� r� 0 89'05 MZ49l loN 0 i' 1 � — 133tl 5 15 3N �9C OL M,SZ 9Z.lON ' t 1 S�, 1 wad Z.�[[[lll, o zl / •� z z Z9 r ♦ ¢- 41 '�/I ` �r z m la f ( \ I J`�pf33 oo oa-'Moo ze.�oN yy z E z F � o ___ __ _ N M ' i I h e , 001 SsD o�d ;a � , al ��e a soa aa� w M 90 Z£Z£LON ' � o w 0 0 _ 9.d� � � �►a EXHIBIT "C" Conditions of Approval Project Name: Wells Landing South File number: NWSP 20-005 Reference: 4th review of plans identified as a New Site Plan with a October 15, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. The access on the western lot is classified as an minor driveway X and must provide a minimum of 25 ft from interior service drive or parking space to the right-of-way line, measured perpendicularly. 2. Remove and replace the five-foot-wide sidewalk on NE 91h Avenue X for the length of the site. 3. Show that each ingress/egress is designed to accommodate a 25' X minimum radius. 4. Any existing `historic' surface water flows, directed to the site, shall X be accommodated into the post development design. 5. Along East Martin Luther King Jr. Blvd, remove the valley gutter X curb and replace with a type D curb. 6. Repair and/or replace the five-foot-wide sidewalk along East Martin X Luther King Jr. Blvd. 7. Provide irrigation to landscape planters located within East Martin X Luther King Jr. Blvd. 8. Developer is responsible for the replacement of existing FPL street X lighting adjacent to site with underground decorative street lighting to match City's standards. 9. Provide a proposed addressing plan. X 10. Provide landscape screening around the parking lot to prevent light X pollution from car headlights onto adjacent residences. 11. The existing 6-inch water main on East Martin Luther King Blvd. is X an Asbestos Cement pipe and shall be replaced with a 12-inch C-900 PVC pipe to the full length of the project property lines. The tapping sleeve of the new main will be located on the west side of Seacrest Blvd. 12. The proposed project will make any necessary improvements to X connect to the City's reclaimed water infrastructure. Page 511 of 919 Wells Landing South NWSP 20-005 Conditions of Approval Page 2 of 4 FIRE Comments: 13. Provide a plan showing a 300' radius from the center of each fire X hydrants to ensure Code 9-32b is being met. 14. Provide a detail of the turn-around purposed at the dead-end X parking area located on the south west corner of the site. 15. Provide a note on the plans that states access roads shall be X provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft from fire department access roads as measured by an approved route around the exterior of the building or facility. With automatic sprinklers the distance is increased to 450' NFPA 1- 18.2.3.2.2 POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 16. Per City Ordinance, the Park Impact Fee is based upon a factor of X $595 per unit for multi-family dwellings. Based upon the proposed 100 units, the fee will be $59,500 (100 X $595) due at time of building permit issuance. PLANNING AND ZONING Comments: 17. The Abandonment application is lacking consent forms from Utility X providers. The Site Plan approval is contingent on the approval of the Abandonment applications (ABAN 21-001 and ABAN 21-002) and the associated conditions of approval. 18. Per the City's Sustainability Code, please indicate on all X Photometric Plans that all exterior lighting will utilize fixtures within the warm white range. 19. The applicant will be placing, at their cost, all overhead utilities X below ground around the perimeter of the site. Page 512 of 919 Wells Landing South NWSP 20-005 Conditions of Approval Page 3 of 4 20. A Sign Program will need to be submitted and approved prior to X issuance of any signs for the project. 21. Provide a detail of the covered bike racks. Sheet with detail X provided in the south side project, but not the north. 22. Revise the landscape to show the landscape islands are fully X planted with shrub and ground cover materials. 23. Provide a letter of approval from the Palm Beach Country Traffic X Division stating that the project meets the Palm Beach County Traffic Performance Standards. 24. Provide an approval letter from the School District of Palm Beach X County confirmed that area schools have adequate capacity to accommodate the potential public-school students who will reside in the proposed dwelling units. 25. Revise plans to note that residential, visitor, and commercial X spaces will be clearly marked with signs or painted parking bumpers and monitored by management. 26. The landscape buffer between the project and neighboring X residential shall be a minimum of 12 feet in width and densely planted 27. Revise the Landscape Plans to depict the proposed 6 foot tall X buffer wall. 28. Revise Landscape Plans to clearly indicate that the plantings X around the buildings have groupings of palms or individual canopy trees a minimum of 50% the height of the structure. 29. Revise plans to demonstrate that the lighting levels at the side X property lines do not exceed 0.3 foot-candles. COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. 30. Sidewalks, street lights, site amenities, commercial leasable X space, and trees for the project shall meet the requirements of Section 18.2.a) through k), Required Project Improvements, of the Page 513 of 919 Wells Landing South NWSP 20-005 Conditions of Approval Page 4 of 4 Purchase and Sale Agreement between the Boynton Beach CRA and Wells Landings Apartments, LLC. ADDITIONAL REPRESENTATION / COMMITMENTS 31. The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\Wells Landing\Wells Landing South NWSP 20-005\_StaffReport\Exhibit C - COA Wells Landing South NWSP 20-005.doc Page 514 of 919 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Wells Landing South (NWSP 20-005) APPLICANT: Elizabeth Roque, Wells Landing Apartments LLC APPLICANT'S ADDRESS: 7735 NW 146 Street Suite 306, Miami Lakes, FL 33016 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 17, 2020 APPROVAL SOUGHT: Request for approval of a New Site Plan Application for a multi-family residential development consisting of two (2), four-story buildings with 100 affordable housing dwelling units, associated parking and related site improvements on a 2.69-acre site. LOCATION OF PROPERTY: North of NE 9th Avenue, south of E. Martin Luther King Jr. Boulevard and just east of N. Seacrest Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Wells Landing\Wells Landing South NWSP 20-005\NWSP 20-005 DO.doc Page 515 of 919 9.A. CITY MANAGER'S REPORT 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Discuss naming city facilities in the Town Square Project in downtown Boynton Beach. Explanation of Request: As completion of the public facilities in the Town Square project in downtown Boynton Beach nears, it is now time to consider naming the new facilities. Ordinance 06-078 outlines a procedure that guides how city facilities are named. The ordinance is attached. Staff recommends naming the open space park area by the new amphitheater, the renovated high school building and the open space park immediately west of the high school where the historic Kapok tree sits. Staff is recommending the following names for these facilities: Centennial Park- for the park space by the amphitheater- built during Centennial - 100th birthday Kapok Park-for the open space west of the high school -for historic Kapok tree Boynton Beach Arts and Cultural Center -for the renovated high school - which will now be utilized for arts and cultural programs, events, weddings, lectures, art exhibitions, community programs and concerts. All of these names meet the criteria outlined in the ordinance. As the Commission is aware, an active naming rights campaign is underway. Should the city receive funds for any of its facilities included in the campaign, they will be renamed accordingly. In the meantime, marketing materials are being produced to advertise the amenities and spaces and appropriate names for the facilities listed above are needed. Per the ordinance, the Commission sends the naming suggestions to a five member committee. Typically, the Commission has asked the Recreation and Parks Advisory Board to sit in this capacity. The advisory board will then consider and discuss the naming suggestions and seek public input at their meeting. Ultimately they will provide a recommendation back to the City Commission for adoption. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Page 516 of 919 CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum Naming Procedures Ordinance Page 517 of 919 1 ORDINANCE NO. 06- 078 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ESTABLISHING A POLICY FOR NAMING 5 CITY FACILITIES; PROVIDING FOR THE APPOINTMENT 6 OF A COMMITTEE TO ACT IN AN ADVISORY ROLE TO 7 THE CITY COMMISSION ON THE NAMING OF CITY 8 FACILITIES; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the City Commission has determined that it is advantageous to have a 13 uniform procedure for naming City facilities; and 14 WHEREAS, the City Commission finds that it would be beneficial to have committee 15 designated to evaluate suggestions and proposals for naming of City facilities. 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA: 18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Ordinance upon adoption 20 hereof. 21 Section 2. The following policy is established for naming City parks, recreation 22 facilities, streets, and facilities, buildings and rooms in buildings: 23 Purpose: 24 The purpose of this policy is to establish a systematic and consistent approach for the official 25 naming of streets, parks and recreational areas and other public facilities, buildings and rooms 26 in buildings. 27 Objectives: 28 Ensure that streets parks, recreational areas and facilities, buildings and rooms in 29 buildings are easily identified and located. S:1CADrdinanceslnaming public facilities-revised(KB)Aoc Page 518 of 91 1 • Ensure that given names to streets, parks, recreational areas, facilities, buildings and 2 rooms in buildings are consistent with the values and character of the area or 3 neighborhood served. 4 • Encourage public participation in the naming, renaming and dedication of streets, 5 parks, recreation areas, facilities, buildings and rooms in buildings. 6 . Encourages the dedication of lands, facilities, or donations by individuals and/or 7 groups. 8 • Encourages long term monetary sponsorship. 9 Definition: 10 Facilities means parks, recreation areas, streets, buildings, rooms in buildings and other 11 facilities, or parts thereof, which operate for the benefit of the public and includes all property 12 under the City's ownership, administration or control including buildings, structures, open 13 spaces, public parks, natural areas, wetlands, environmental habitat and land, or parts thereof. 14 Criteria. 15 The policy of the City is to name Facilities through an adopted process utilizing established 16 criteria emphasizing community values and character, local history, geography, 17 environmental, civics,monetary support and service to the Boynton Beach community. 18 The following criteria shall be used in determining the appropriateness of the naming 19 designation: 20 1. Geographic location (neighborhood, significant areas, etc.) 21 2. Natural features 22 IA person or place of historical or cultural significance. 23 4. A person, group, or feature particularly identified with the land or facility 24 5. Commitment for monetary sponsorship 25 The process to name Facilities commences with a recommendation of the City Manager, 26 Mayor or a City Commissioner that a City Facility be named or renamed. 27 Conditions of property donation as agreed upon by the donor and the City shall be honored 28 regarding the naming of the Facilities subject to these adopted policies. 29 Names that are similar to existing Facilities in the City should not be considered in order to 30 minimize confusion. 31 The City reserves the right to change the name to maintain consistency with these policies. 32 Procedure: S:ICAIOrdinanceslnaming public facilities-revised(K13).doe Page 519 of 919 {I i I 1. Naming or Renaming of Facilities 2 a. A request for naming of a facility shall be initiated by a request by the City 3 Manager to the City Commission or by request of any member of the City 4 Commission through the City Manager. 5 b. City staff as designated by the City Manager will review the proposal for 6 adherence to the stated criteria and authentication of statements relative to 7 contributions in the case of an individual before forwarding to an advisory 8 committee of five(5)person appointed by the City Commission. 9 c. The advisory committee review the proposed naming or renaming and will 10 offer the opportunity for public input on the proposed naming. 11 d. The advisory committee shall forward their recommendation to City 12 Commission for final decision. 13 2. Renaming of Parks,Recreation Areas, Facilities,Buildings and Rooms in Buildings 14 Renaming of facilities carries with it a much greater burden of process compared to initial 15 naming. Tradition and continuity of name and community identification are important 16 community values. Each suggestion or request for renaming must meet the criteria in this 17 policy, but meeting all criteria does not ensure renaming. 18 Section 3. Each and every other provision of the Code of Ordinances not herein 19 specifically amended, shall remain in full force and effect as originally adopted. 20 Section 4. All laws and ordinances applying to the City of Boynton Beach in 21 conflict with any provisions of this ordinance are hereby repealed. 22 Section 5. Should any section or provision of this Ordinance or any portion 23 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 24 affect the remainder of this Ordinance. 25 Section 6. Authority is hereby given to codify this Ordinance. 26 Section 7. This Ordinance shall become effective immediately. 27 28 29 30 31 FIRST READING this day of , 2006. 32 S:1CA\Ordinaneeslnaming public facilities-revised(KB).doc Page 520 of 91 1 SECOND, FINAL READING AND PASSAGE this 1-1 _ day of 2 � , 2006. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7yor. Tayl r 8 � 9 _-, ' T to Vice Maa ar1M oy. ll 12 13 Commission,f-L_ ober�. sl "" 14 - 15 16 iss4ffM--VR-131 1cCray 17 � r 18 - 19 Commissioner—Muir C. rguson 20 ATTEST: 21 - 22 23 yCitClerk 24 25 (Co 26 P;M`y j S:1CA10rdinanceslnaming public facilities-revised(KB),doc Page 521 of 919 11.A. NEW BUSINESS 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Proposed Resolution No. R20-121 -Approve the recovery of credit card/debit card surcharges (convenience fee) commencing December 1, 2020. Explanation of Request: Florida Statute 215.322 was created to permit local governments to recover surcharges imposed by financial institutions, vending service companies and credit card companies for credit/debit card transactions for the payment of taxes, fees, fines, penalties, court-ordered payments, or other statutorily prescribed revenues. The cost of these surcharges has increased significantly in recent years. Since January 2017, the City of Boynton Beach Utilities Department has been recovering the surcharges through an agreement with Bill2Pay that charges the surcharge directly to customers. Below is a breakdown of the amount the City has paid in surcharge fees for the remaining City departments in order to allow customers the convenience of using credit/debit cards over the last 3 Fiscal Years: Fiscal Year2020 2019 2018 Credit Card $ 141,275.00 $ 119 Fees119,005.00 $ 81,306.00 . �.... �. �.�. . .�. . .. �.�.�.� The last two fiscal years have seen significant increases as more customers are using online payment options. Approval of this item will allow the City to recover the surcharges through the use of Transaction Manager and First Data in the City's ERP system (Central Square). Credit and Debit Card transactions for the payment of taxes, fees, fines, penalties, court-ordered payments, or other statutorily prescribed revenues will be charged a 2.75% per fee. The 99-cent transaction fee for e-checks will continue to be absorbed by the City. Currently, the number of e-checks the City receives annually equates to between $2,000 and $3,000 in transaction fees. Cash and check options will continue to be offered at no cost to the customer via the cashier at City Hall. How will this affect city programs or services? Reduce overall costs of credit/debit card fees by approximately $100k per year. Fiscal Impact: Non-budgeted Credit Card Fees were not budgeted for in the current fiscal year. Alternatives: Not approve and continue to pay the credit card fees as a City. Strategic Plan: Strategic Plan Application: Page 522 of 919 Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving implementation of a credit card convenience fee D Agreement an card and ACH Agreement D Agreement Central Square Agreement Page 523 of 919 I RESOLUTION NO. R20- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA,APPROVING THE IMPLEMENTATION OF A 4 CREDIT CARD/ DEBIT CARD SURCHARGE 5 (CONVENIENCE FEE); AND PROVIDING AN 6 EFFECTIVE DATE 7 8 WHEREAS, Florida Statutes 215.322 was created to permit local goverments to 9 impose a surcharge on credit /debit card transactions to pay the service fee charges imposed 10 when a person uses a credit card, charge card or debit card for the payment of taxes, fees, fines, 11 penalties, court ordered payments, court costs or other statutorily prescribed revenues; and 12 WHEREAS, the City Commission has determined that the use of credit/debit cards is 13 more convenient to the public and a convenience fee added to the amount charged helps reduce 14 the cost to the government for using the card; and 15 WHEREAS, the City Commission finds it is necessary and reasonable to impose a 16 surcharge on credit/debit card transactions to pay the service fee charges imposed which will 17 reduce the costs of credit card fees to the City by approximately $100,000.00 per year. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 20 Section 1. The above referenced whereas clauses are incorporated herein by 21 reference. 22 Section 2. The City Commission approves the implementation of a credit card/debit 23 card surcharge (convenience fee). 24 Section 3. This Resolution shall become effective immediately upon its passage and 25 adoption. The charges shall commence November 1, 2020. 26 S:ACA\RESO\Credit Debit Card Surcharge-Reso.Docx Page 524 of 919 27 PASSED AND ADOPTED this 20th day of October, 2020. 28 CITY OF BOYNTON BEACH, FLORIDA 29 YES NO 30 31 Mayor— Steven B. Grant 32 33 Vice Mayor— Ty Penserga 34 35 Commissioner—Justin Katz 36 37 Commissioner—Woodrow L. Hay 38 39 Commissioner—Christina L. Romelus 40 41 VOTE 42 43 ATTEST: 44 45 46 47 Crystal Gibson, MMC 48 City Clerk 49 50 51 (Corporate Seal) S:ACA\RESO\Credit Debit Card Surcharge-Reso.Docx Page 525 of 919 Terms and Conditions for Payment Processing CentralSquare Payments is a registered MSP/ISO of BMO Harris Bank N.A.Services purchased from CentralSquare Payments are provided by Paya and BMO Harris Bank.The payment processing Terms and Conditions below contain language and terms required to be included by Paya or BMO and will not be negotiated. Paya Bankcard These are the Terms and Conditions applicable to Payment Processing services by and between Paya,Inc.("Paya"),BMO Harris N.A.("Bank"),and the organization ("Organization")who has executed the Agreement. ARTICLE I—ADDITIONAL DEFINITIONS "Account"means a bank account maintained by Organization as set forth in Section 6.10 for the crediting of collected funds and the debiting of fees and charges pursuant to this Agreement. "ACH"means the Automated Clearing House paperless entry system operated by the Federal Reserve. "Agreement"means the Payment Acceptance Application and these Terms and Conditions with all exhibits and attachments,Schedule of Fees,and any supplementary documents indicated herein,as amended from time to time,all of which constitute the Agreement. "American Express"means American Express Travel Related Services Company,Inc. "American Express Organization Operating Guide" means the rules and regulations available at www.americanexpress.com/merchantopguide (or any successor or replacement website),as they may be amended from time to time by American Express. "Application"means the initial disclosure of organization's information used to underwrite and approve applicant for Payment Processing services "Authorization"means a computerized function or a direct phone call to a designated number to obtain credit approval for individual Transactions from the Card Issuer. "Card"means any account or evidence of an account issued to a Cardholder under license from a Payment Brand,any or representative or member of a Payment Brand,that Organization accepts as payment from Cardholders for goods or services.Cards include,but are not limited to,credit and debit/check cards,stored value cards,loyalty cards, electronic gift cards,authorized account or access numbers,paper certificates,and credit accounts and any other payment instrument with an embedded microcomputer EMV chip. "Cardholder"(also referred to as"Card Member"in some Payment Brand materials)means the person whose name is embossed upon the face of the Card and who purports to be the person in whose name the Card is issued. "Card Issuer"means the financial institution or company,which has provided a Card to the Cardholder. "Chargeback"means the procedure by which,and the value of,a Sales Draft(or disputed portion thereof)returned to Bank by a Card Issuer. "Credit Voucher"means a document executed by a Organization evidencing any refund or price adjustment relating to Cards to be credited to a Cardholder account. "Debit Card"means a plastic card used to initiate a debit Transaction,used primarily to purchase goods or services and obtain cash,for which the Cardholder's bank account is debited by the issuer. "Discount Fee"means a fee charged on all Transactions that is payable by Organization to Paya for processing Organization's Transactions. "Discover"means DFS Services,LLC. "EW"means Europay,Mastercard and Visa. "Imprint"means:(i)an impression on a Sales Draft manually obtained from a Card through the use of an imprinter,or(ii)the electronic equivalent obtained by swiping a Card through a terminal and electronically printing a Sales Draft. "Mastercard"means Mastercard International Incorporated. "Payment Brand"means any payment method accepted by Paya for processing,including,without limitation,Visa,Mastercard,Discover,American Express and other credit and debit card providers,debit network providers, 't c and other stored value and loyalty program providers. "PCI DSS"means the Payment Card Industry Data Security Standards available at ==q 1 i „3, ,as amended from time to time. "Reserve Account"has the meaning set forth in Section 6.06. "Rules"means the rules,regulations,and other requirements of any Payment Brand or related authority,including,without limitation,those of the PCI Security Standards Council,LLC and the National Automated Clearing House Association,as amended from time to time."Rules"includes without limitation the Visa USA,Inc.Operating Regulations, Visa International Operating Regulations, Mastercard Rules, Discover Operating Regulations, and the American Express Organization Operating Guide. Capitalized terms not defined herein shall have the meanings set forth in the Rules. "Sales Draft"means the paper form approved in advance by Paya,whether such form is electronically or manually imprinted,evidencing a sale Transaction. "Transaction"means any retail sale of goods or services,or credit for such,from Organization for which the customer makes payment through the use of any Card and which is presented to Bank for collection. "Visa"means Visa Inc. "Voice Authorization'means a direct phone call to a designated number to obtain credit approval on a Transaction. ARTICLEII-ORGANIZATIONREPRESENTATIONS, WARRANTIES,COVENANTSANDAGREEMENTS 2.01 HonoriA,g Cards.(a)Organization will accept,without discrimination,all valid Cards properly presented for payment for bona fide,legitimate business transactions arising out of Organization's usual trade or business and for Transactions originated by Organization;(b)U.S.retailers may require a minimum purchase amount on credit 1 i °a�.. 1 io s As=knk Sponsor Bank:BMO Harris N.A.18500 Governors Hill Drive ICincinnati,OH 45249 1(847)240-6600 .. Page 1 of 10 PLEASE NOTE:The complete Payment Processing Agreement includes these Terms and Conditions with all exhibits and attachments,Schedule of Fees,and any supplementary documents,and the Payment Acceptance Application. Page 526 of 919 card transactions.The minimum purchase amount must not exceed$10.00(ten dollars)and does not apply to transactions made with a Debit Card.Maximum transactions amounts may be established by Federal agencies and institutions of higher learning;(c)Organization shall not require any Cardholder to pay any part of any fee imposed upon Organization by this Agreement,whether through any increase in price or otherwise require a customer presenting a Card to pay any charge as a condition of sale that is not also required from a customer paying cash.However,Organization may offer discounts to customers for cash purchases.Organization may also charge a service fee on Transactions if Organization charges a service fee:(i)for all payment methods(check,credit card,etc.)or(ii)for a specific payment mode(telephone)and not for other payment modes(face-to-face);(d)Organization shall not accept a Card as payment(other than to the extent permitted by this Agreement),if the person seeking to use the Card does not present the Card to permit Organization to examine it and obtain an Imprint or otherwise use the physical Card to complete the Transaction.Organization shall not deposit any Transaction for the purpose of obtaining or providing a cash advance either on Organization's Card or the Card of any other party.Organization agrees that any such deposit shall be grounds for immediate termination.Organization shall not obtain under any circumstance Authorization for,nor process a sale on,any Card that Organization is authorized to use.Processing Organization's own Card is grounds for immediate termination. 2.02 Card Accentance.When accepting a Card for a face-to-face Transaction,Organization will follow the steps provided by Bank and Paya,and will:(a)Examine the Card for the Cardholder's signature and if the Card is not signed,request identification to confirm that the Cardholder is the person he/she purports to be and determine in good faith and to the best of its ability that the Card is valid on its face;(b)Check the effective date(if any)and the expiration date of the Card,examine any card security features (such as a hologram)included on the Card;and(c)Obtain Authorization before completing any Transaction(where Authorization is obtained,Organization will be deemed to warrant the true identity of the customer as the Cardholder);(d)Unless the Sales Draft is electronically generated or is the result of an Internet,mail,telephone or preauthorized order,obtain an Imprint of the Card;(e)Enter a description of the goods or services sold and the price thereof(including any applicable taxes);(f)As required by the Rules, obtain the Cardholder's signature on the Sales Draft and compare that signature to the signature on the Card;(g)Deliver a true and completed copy of the Sales Draft to the Cardholder at the time of delivery of the goods or performance of the services,or if the Sales Draft is prepared by a point-of-sale terminal,at the time of the sale;(h)Provide the Sales Draft to the Cardholder following the purchase;and(i)Legibly reproduce the Cardholder's name,account number,expiration date,and the Organization's name and place of business if that information is not legibly imprinted on the Sales Draft.In addition,for Mastercard Transactions,Organization will legibly reproduce the name of the Card Issuer as it appears on the face of the Card.Each Sales Draft presented to Bank for collection shall be genuine and will not be the result of any fraudulent Transaction or telemarketing sale and shall not be deposited on behalf of any business other than Organization. 2.03 Authorization. (a) Organization will obtain a prior Authorization for all Card sales. If Organization cannot, for any reason, obtain an electronic Authorization, Organization will request a Voice Authorization from the designated authorization center,and will legibly print the authorization number on the Sales Draft;(b)Organization will not obtain or attempt to obtain Authorization unless Organization intends to submit a Transaction for the authorized amount;(c)Organization will not divide a single Transaction between two or more Sales Drafts or two or more Cards;(d) Organization will not attempt to obtain Authorization on an expired Card;(e)Organization acknowledges that an Authorization provides only that the Cardholder account has sufficient credit available to cover the amount of the current sale,that an Authorization is not a guarantee ofpayment,and that an Authorization will not waive any provision of this Agreement or otherwise validate a fraudulent Transaction or a Transaction involving the use of an expired Card.Receiving an Authorization shall not relieve the Organization of liability for Chargeback on any Transaction;(f)Transactions will be deemed invalid on Cards that are expired,whether or not an Authorization has been obtained;(g)If Authorization is granted,Organization shall print the Authorization number,or ensure that it appears legibly in the appropriate location on the Sales Draft;and(h)If Authorization is denied,Organization shall not complete the Transaction and shall follow any instructions from the authorization center;(i)Organization shall not obtain or attempt to obtain Authorization for a Transaction that it knows or should have known to be either fraudulent or not authorized by the Cardholder. 2.04 Retention and Retrieval of Cards. (a)Organization shall use its best efforts,by reasonable and peaceful means,to retain or recover a Card upon receiving such instructions when making a request for Authorization or if Organization has reasonable grounds to believe that the Card is counterfeit,fraudulent or stolen;(b)The obligation of Organization imposed by this Section to retain or recover a Card does not authorize a breach of the peace or any injury to persons or property and Organization will hold Bank and Paya harmless from any claim arising from any injury to person or property,or other breach of the peace in connection with the retention or recovery of a Card. 2.05 ComVIiance with Law; Payment Card Industry Data Security Standards; Non.O-Disclosure and Storage of Cardholder andTransaction Information Requirements. (a)Organization confirms that it is, and shall be,in full compliance during the term of this Agreement with all laws,statutes and federal and/or state regulations,as well as the Rules as may be applicable to Organization,its business and any Transaction(b)Internet Organizations shall,at a minimum,include the following information and processes on their Internet sites,(i)prominent display of Organization's name as"organization'and as the name that will appear on the Cardholder statement, (ii)a complete description of goods or services offered;(iii)delivery standards including method and time for delivery;(iv)terms and conditions of purchase,and export or legal descriptions;(v)return/refund policy described in reasonable detail;(vi)opportunity to view and confirm order before order submission;(vii)secure method for payment data transmission;(viii)currency of transaction provided(USD);(ix)disclosure of Organization's outlets to country of origin;(x)display of card association or payment network logos;(xi)clear disclosure of Organization's privacy policy;(xii)alternate Organization contact info options;and(xiii)display of web hosting company contact information;(c)Organization hereby certifies that it(and any outside agent or contractor that it may utilize to submit Transactions to Paya)complies and will comply with the PCI DSS and Organization hereby agrees to pay any fines and penalties that may be assessed by a Payment Brand as a result of Organization's noncompliance with the requirements of PCI DSS),any data breaches,or by its failure to accurately validate its compliance.Organization will review and monitor the PCI DSS and other related Rules in order to determine the timeframes and mandates for compliance under PCI DSS.The foregoing is an ongoing obligation during the term of this Agreement and as this Agreement may be renewed. Organization acknowledges and understands that Organization may be prohibited from participating in Payment Brand programs if it is determined that Organization is non-compliant. The following lists certain(but not all)of the current PCI DSS requirements,all of which Organization shall comply with,if applicable:(i)install and maintain a working network firewall to protect data accessible via the Internet;(ii)keep security patches up-to-date;(iii)encrypt stored data;(iv) encrypt data sent across networks; (v)use and regularly update anti-virus software;(vi)restrict access to data to business"need to know;'(vii)assign a unique ID to each person with computer access to data; (viii)do not use vendor supplied defaults for system passwords and other security parameters;(ix)track access data by unique ID;(x)maintain a policy that addresses information security for employees and contractors;and(xi)restrict physical access to Cardholder information.Organization shall notify Pays if it utilizes any third party that provides payment related services,directly or indirectly and/or stores transmits,or processes Cardholder data and Organization is responsible ensuring compliance of any such third parties with PCI DSS.(d)To the extent Organization is required under the Rules,or Organization otherwise elects,to utilize EMV chip-capable terminals,all EMV chip-capable terminals used by Organization must appear on the EMV co-approved terminal list maintained by the Payment Brands.(e)In the event of the failure, including bankruptcy,insolvency,or other suspension of Organization's business operations,Organization shall not sell, transfer, or disclose any materials that contain Cardholder account numbers,personal information,or other Transaction information to third parties.Organization and/or its agent shall either return this information to Paya or provide Paya with acceptable proof ofdestruction of this information.(f)If Organization is undergoing a forensic investigation regarding PCI DSS compliance at the time Organization executes this Agreement,then Organization shall fully cooperate with the investigation until completed.Paya warrants that it complies with the applicable required PCI DSS regulations and that Paya is a PCI DSS Validated Service Provider. 2.06 Returns and Adjustments.(a)Organization's policy for the exchange or return of goods sold and the adjustment for services rendered shall be established and posted in accordance with the Rules.If applicable,Organization agrees to disclose to a Cardholder before a Card sale is made,that if merchandise is returned:(i)no refund,or less than a full refund,will be given;(ii)returned merchandise will only be exchanged for similar merchandise and of comparable value;(iii)only a credit toward purchases will be given;or(iv)special conditions or circumstances apply to the sale(e.g.,late delivery,charges,or other noncredit terms);(b)Such disclosures must be made on all copies of Sales Drafts in letters approximately'%inches high in close proximity to the space provided for the Cardholder's signature on the Sales Draft and issued at the time of sale; (c)If Organization does not make these disclosures,a full refund in the form of a credit to the Cardholder's Card account must be given.Organization shall not refund cash to a Cardholder who paid for the item by Card;(d)Credits must be made to the same Card account number on which the original sale Transaction was processed. Imo -_. tk ,;x ..'.Z Sponsor Sank:BMO Harris N.A.18500 Governor's Hill Drive ICincinnati,OH 45249 1(847)240-6600 Page 2 of 10 PLEASE NOTE:The complete Payment Processing Agreement includes these Terms and Conditions with all exhibits and attachments,Schedule of Fees,and any supplementary documents,and the Payment Acceptance Application. Page 527 of 919 5.07 Organization's Business.(a)Organization will immediately notify Paya,with a copy to Bank,of any bankruptcy,receivership,insolvency or similar action initiated by or against Organization or any of its principals.Organization will include Bank and Pays on the list of creditors filed with the Bankruptcy Court,whether or not a claim exists at the time of filing;(b)Organization must notify Paya,with a copy to Bank,in writing of any changes to the information in the Application,including but not limited to:a change to Organization's financial condition(within 8 days),any additional location or new business,the identity ofprincipals and/or owners,the form ofbusiness organization, type of goods and services provided,and the manner in which sales are completed.Organization must also notify Pays in writing,with a copy to Bank,if Organization sells or closes its business.Except for a change to the financial condition,Paya and Bank must receive all such notices 7 days prior to the change and otherwise upon request from Paya.Organization is liable to Paya and Bank for all losses and expenses incurred by Paya and Bank arising out of Organization's failure to report changes.Pays and Bank may immediately terminate this Agreement upon a change to the information in the Application,whether Paya and Bank independently discover such change or whether Organization notifies Pays and Bank of such change. 2.08 Advertising.(a)Organization will prominently display the promotional materials provided by Bank and Paya in its place(s)of business.Use of promotional materials and use of any trade name,trademark,service mark or logotype("Marks')associated with Card(s)shall be limited to informing the public that Card(s)will be accepted at Organization's place(s)of business.Organization's use of promotional materials and Marks is subject to the direction of Bank and Paya and must be utilized in accordance with the Rules;(b)Organization may use promotional materials and Marks during the term of this Agreement and shall immediately cease use and return any inventory to Bank or Paya upon any termination thereof;(c)Organization shall not use any promotional materials or Marks associated with any Payment Brand in any way which implies that the Payment Brand endorses any goods or services other than Card services and Organization shall not refer to any Payment Brand in stating eligibility for Organization's products or services. Organization's rights to use the Marks shall terminate with termination of this Agreement and Organization will cease all use of the Marks upon notification by the applicable Card association to discontinue use. Organization shall be fully liable to Bank and/or Pays for any and all loss,cost and expenses suffered or incurred by Bank and/or Paya,arising out of failure to return or destroy such materials following termination or Organization's misuse of the Marks.If Organization is a "Direct Mail Cardholder Solicitation Organization,"then Organization acknowledges that the trademark'Mastercard'and the corresponding logotype are the property of Mastercard International Incorporated(herein,"the Corporation').Organization shall not infringe upon the mark or logo,nor otherwise use the mark or logo in such a manner as to create the impression that Organization's products or services are sponsored,produced,affiliated with,offered,or sold by this Corporation.Organization shall not use the mark or logo on its stationery,letterhead,envelopes,or the like nor in its solicitation;provided,however,that Organization may use one of the mark or logo in close proximity to the payment or enrollment space in the solicitation in a size not to exceed 1 1/4 inches in horizontal length if a logo is employed,or,if a mark is used,in type not to exceed the size of the type used in the major portion of the text on the same page;provided further that the legend,'Accepted for Payment'must accompany the mark or logo used and must be the equivalent size of the mark or logo.In no case,however,shall Organization use any of the logo on the front or first page of its solicitation.One truthful statement that Organization is directing or limiting its offer to Mastercard cardholders may appear in the body of the solicitation,other than in close proximity to the payment or enrollment space,subject to the limitation that:(i).only the word mark may be used;(ii)the word mark may not(1)exceed in type size the size of any other type on the same page,(2)differ in color from the type used in the text(as differentiated from the titles)on the same page,(8)be as large or as prominent as the name of Organization,(4)be the first item appearing on any page,nor(5)in any other way be the most prominent element of the page;(iii)Organization's name and/or logo must appear prominently on the same page as the mark;and(iv)the following disclaimer must appear in close proximity to the mark on the same page and in an equal size and type of print:'Mastercard International Incorporated is not affiliated in any way with Organization and has not endorsed or sponsored this offer.'Organization further agrees to submit its first direct mail solicitation(s),prior to mailing,to the Mastercard Law Department,to be reviewed only for compliance with this Corporation's trademark rules and shall furthermore not distribute in any manner such solicitations until Organization shall have obtained the Corporation's written approval of the manner in which it uses Mastercard mark and logo on such solicitations.Organization shall likewise,upon request,submit to the Corporation any amended solicitations prior to mailing. 2.09 Representations and Warranties of Organization. Organization represents and warrants to Bank and Paya at the time of execution and during the term of this Agreement that:(a)All information contained in the Application or any other documents delivered to Bank and/or Paya in connection therewith is true and complete and properly reflects Organization's business,financial condition and principal partners,owners or officers;(b)Organization has the power to execute,deliver and perform this Agreement,and this Agreement is duly authorized,and does not and will not violate any provisions of federal or state law or regulation,or conflict with any other agreement to which Organization is subject;(c)Organization has all licenses,ifany,required to conduct its business and is qualified to do business in every jurisdiction where it is required to do so;(d)There is no action,suit or proceeding now pending or to Organization's knowledge,threatened by or against or affecting Organization which would substantially impair its right to carry on its business as now conducted or adversely affect its financial condition or operations;(e)Organization has performed and will perform all of its obligations to the Cardholder in connection with the Transaction evidenced by each Sales Draft;(f)With respect to all Transactions that Organization requests Paya and Bank to originate,Organization continuously represents and warrants to Bank and Paya that:(i)Each Cardholder has authorized the debiting and/or crediting of its account; (ii)Each entry is for an amount the Cardholder has agreed to;and(iii)Each entry is in all other respects properly authorized;and(h)Organization will not sell,purchase, provide or exchange any Cardholder's account name or number information in any form to any third party except to Bank or to Pays or pursuant to written government request,and then only upon prior notice to Paya given in sufficient time to permit Paya to file a protective motion. 2.10[Deleted] 2.11 [Deleted] ARTICLE III-PRESENTMENT,PAYMENT,CHARGEBACK;RESERVE ACCOUNTS;TYPES OF TRANSACTIONS 8.01 Acceptance.Bank and Paya shall accept from Organization all valid Sales Drafts deposited by Organization and shall present the same to the appropriate Card Issuers for collection against Cardholder accounts.All presentment and assignment of Sales Drafts,collection therefore and re-assignment or rejection of such Sales Drafts are subject to the terms of this Agreement and the Rules.Bank shall only provisionally credit the value of collected Sales Drafts to the Account and reserves the right to adjust amounts collected to reflect the value of Chargebacks,fees,penalties,late submission charges and items for which Bank did not receive final payment.Settlement of funds will be in United States Dollars.Bank and Paya may refuse to accept any Sales Draft or revoke its prior acceptance of a Sales Draft in the following circumstances:(a)the Transaction giving rise to the Sales Draft was not made in compliance with all terms and conditions of this Agreement;(b)the Cardholder disputes his liability to Bank for any reason, including but not limited to those Chargeback rights enumerated in the Rules;or(c)the Transaction giving rise to the Sales Draft was not directly between Organization and the Cardholder.Bank will offset from payments due to Organization,any amount previously credited to Organization for a Sales Draft not accepted or later revoked by Bank and Paya. Organization shall regularly and promptly review all statements of account, banking statements, and other communications sent to Organization and shall immediately notify Paya if any discrepancy exists between Organization's records and those provided by Pays,the Organization's bank,or with respect to any transfer that Organization believes was not authorized by Organization or Cardholder.If Organization fails to notify Paya in writing within fourteen(14)calendar days after the date that Pays mails or otherwise provides a statement of account or other report of activity to Organization,Organization will be solely responsible for all losses or other costs associated with any erroneous or unauthorized transfer.The foregoing does not limit in any way Organization's liability for any breach of this Agreement. 5.02 Endorsement.The presentment of Sales Drafts for collection and payment is Organization's agreement to sell and assign its right,title and interest in each Sales Draft completed in conformity with Bank's and Paya's acceptance procedures,and shall constitute an endorsement by Organization to Bank of such Sales Drafts.Organization hereby authorizes Bank to supply such endorsement on Organization's behalf.Organization agrees that this Agreement is a contract offinancial accommodation within the meaning of the Bankruptcy Code,11 U.S.C.Sec.865,as amended from time to time.Organization acknowledges that its obligation to Bank and Paya for all amounts owed under this Agreement arise out of the same transaction as Bank's obligation to deposit funds to the Account. 8.08 Transmission Method. If Organization utilizes electronic authorization and/or data capture services,Organization will enter the data related to a sales or credit Transaction into a computer terminal or magnetic stripe reading terminal no later than the close ofbusiness on the date the Transaction is completed.If Organization provides its own electronic terminal or similar device,such terminals must meet Paya's and Bank's requirements for processing Transactions.Information regarding a sales or credit H!UO 0 1�tHq+gFp,gi�gnk Sponsor Bank:BMO Harris N.A.�8500Governor's Hill Drive lCincinnati,OH 4524911847)240-6600 Page 30t 10 PLEASE NOTE:The complete Payment Processing Agreement includes these Terms and Conditions with all exhibits and attachments,Schedule of Fees,and any supplementary documents,and the Payment Acceptance Application. Page 528 of 919 Transaction transmitted with a computer or magnetic stripe reading terminal will be transmitted by Organization to Paya or its agent(s)in the form Paya from time to time specifies,or as required under the Rules.I£Bank and Paya request a copy ofa Sales Draft,credit voucher or other Transaction evidence,Organization will provide it within 3 business days following the request.The means of transmission indicated in the Application shall be the exclusive means utilized by Organization until Organization has provided Paya with at least 3o days prior written notice,with a copy to Bank,of Organization's intention to change the means of such delivery or otherwise to alter in any material respect Organization's medium of transmission of data to Paya. 3.04 Chargebacks.(a)Simultaneously with each Cardholder Transaction,a contingent and unmatured claim for Chargeback accrues against Organization in favor of Paya and Bank if under the Rules,Paya or Bank is required,or has the right,to pay to any Payment Brand any fees,discounts,customer credits and adjustments,charges,fines, assessments,penalties or other items which may be charged back to Organization by Paya and Bank. Organization agrees that it is fully liable to Bank and Paya for all Chargebacks,and that Bank and Paya are authorized to offset from incoming Transactions and to debit via ACH the Account,the Reserve Account,or any other account held at any other financial institution in the amount of any Chargeback.Organization agrees to accept for Chargeback any sale for which the Cardholder disputes the validity of the sale according to the Rules;or Paya and Bank determine that Organization has in any way failed to comply with the Rules,this Agreement or Paya's procedures,including but not limited to the following:(i)The Sales Draft is illegible,not signed by the Cardholder or has not been presented to Bank within the required time-frames;(ii)The Sales Draft does not contain the Imprint ofa valid,un-expired Card;(iii)A valid Authorization number has not been correctly and legibly recorded on the Sales Draft;(iv)The Sales Draft is a duplicate of a prior Transaction or is the result of two or more Transactions generated on one Card for a single sale;(v)The Cardholder alleges that he or she did not participate in the sale,authorize the use of the Card,receive goods or services purchased,or receive a required credit adjustment,or disputes the quality of the goods or services purchased;(vi)The price of goods or services on the Sales Draft differs from the amount which Organization presents for payment;(vii)The Transaction results from an Internet,mail,phone or preauthorized order and the Cardholder disputes entering into or authorizing the Transaction or the Transaction has been made on an expired or non-existing account number;(viii)Paya and Bank believe,within their sole discretion,that Organization has violated any provision of this Agreement;(ix)Paya determines that the Transaction record is fraudulent or that the Transaction is not bona fide or is subject to any claim of illegality,cancellation,rescission,avoidance or offset for any reason whatsoever,including without limitation negligence,fraud or dishonesty on the part of Organization or Organization's agents or employees;(x)Organization fails to provide a Sales Draft or legible copy thereof to Bank and Paya in accordance with this Agreement.(b)Organization acknowledges that Paya and Bank shall have full recourse to charge back the amount of a Card sale for which the Cardholder disputes that he/she did not authorize the charge if(i)the Imprint of the Card or(ii)the signature of the Cardholder was not obtained by Organization;and(iii)Organization shall not initiate a Transaction in an attempt to collect a Chargeback.Organization shall be liable for all fees arising out of the Chargeback dispute processes under the Rules. 3.05 Processing*Limits.Organization's"Approved Monthly Volume"for sales drafts is that monthly volume set forth in the Application or as otherwise set forth in the Processing account approval letter from Paya to Organization or as may be later changed by Paya from time to time upon notice to Organization.If Organization exceeds the Approved Monthly Volume,either in the aggregate or with respect to any"method of sale":(i)Paya and Bank may suspend processing,hold the funds over the Approved Monthly Volume,and/or return all Sales Drafts evidencing funds over the Approved Monthly Volume to Organization;and(ii)Organization is subject to a 5%fee on all monies processed over the Approved Monthly Volume. 3.06 Additional Requirements for Acceptance of Debit Cards.Organization may honor at the locations set forth on the Application debit cards("Debit Card")serviced by the electronic funds transfer networks in connection with the sales("Debit Card Sale")o£merchandise or services to the holders of such Debit Cards("Debit Cardholders"). Bank and/or Paya agree to accept from Organization via electronic transmission documents evidencing such Debit Card Sales("Sales Transmittal")and Adjustment Drafts (as defined below). (a)Compliance;Authorization;Other Requirements.Organization agrees to comply(and assume all liability for failure to comply)with the Rules of the Debit Card networks("Networks")as amended from time to time.Any Authorization must be obtained immediately for every Debit Card Sale as directed by Bank and/or Paya ("Authorization").When Authorization is obtained,Organization will electronically print the authorization number on the Sales Transmittal.Organization agrees that:(i) for each Debit Card Sale,the Debit Cardholder must enter his Personal Identification Number("PIN")through a PIN pad located at the point of sale("POS");(ii)each PIN pad will be situated to permit Debit Cardholders to input their PINS without revealing them to other persons,including Organization's personnel;(iii)Organization will instruct personnel(a)that they may not ask any Debit Cardholder to disclose the PIN and(b)in the event that any of Organization's personnel nevertheless becomes aware of any Debit Cardholder's PIN,such personnel will not use such PIN or create or maintain any record of such PIN,and will not disclose such PIN to any other person;(iv) the PIN message must be encrypted from the PIN pad to the POS terminal and from the POS terminal to the Network and back so that the PIN message will not be in the clear at any point in the Transaction;(v)Organization will comply with any other requirements relating to PIN security as required by Bank or by any Network;(vi)for each Debit Card Sale a Transaction receipt in conformity with Regulation E of the Board of Governors of the Federal Reserve System will be made available to the Debit Cardholder; (vii)Organization may not collect tax as a separate cash transaction;and(viii)POS terminals,including hardware and software,must be certified for use by Bank and by all of the Networks.POS terminals must include encrypted PIN pads which allow entry of up to sixteen character PINS,printers and a keyboard lock function.Organizations are responsible for compliance with all Rules regarding the use of POS terminals,regardless of whether such POS terminals are obtained through Bank or through Paya. Organization will promptly initiate a refund to the customer(which may be made in cash,by an Adjustment Draft or with a check or cashier's check,as permitted by the Rules) whenever Organization determines that a Debit Card Sale should be canceled or reversed.Organization will cooperate with Bank and Paya,to resolve any alleged errors relating to Debit Card Sales.Organization will maintain adequate records to assist in error resolution;records will be maintained for two years or the period required by the Rules,whichever is greater.Organization will permit and will pay all expenses of periodic examination and audit of functions at such frequency,as Paya deems appropriate. Audits will meet Paya's standards,and the results will be made available to Paya.Organization will not accept cash,checks or other negotiable items from any Debit Cardholder and forward a credit through any network(i.e.,as a purported payment or deposit to an account maintained by the Debit Cardholder).Organization will not forward through any network any Transaction or initiate any reversal of a Transaction that did not originate between Organization and the Debit Cardholder. (b)Prevention of Fraud.Organization will fully cooperate with Paya and Bank in the event that Bank or Paya determines that there is a substantial risk of fraud arising from Organization's access to the network.Organization will take whatever actions Bank or Paya reasonably deem necessary in order to protect Paya and/or the Bank. Neither Paya,Bank nor any of their respective personnel will have any liability to Organization for any action taken in good faith. (c)Display of Network Trademark(s); Protection of Trade Secrets. In order to inform Debit Cardholders that Debit Card Sales may be transacted at Organization's locations,Organization will prominently display the trademark and/or service mark of each network at each location and will display signage of each network at the entrance,near all POS terminals and on the window of such location.All uses by Organization of any trademark and/or service mark will comply with the applicable Rules.Organization acknowledges and agrees that in displaying any such trademark and/or service mark,Organization will be acting under Paya's and/or Bank's control and subject to approval by the applicable network.Organization will not be deemed,under any circumstances,a licensee or sub-licensee of any trademark or service mark of any network,nor will Organization otherwise be deemed to have or to acquire any right,title or interest in trademarks or service marks. (d) Returns and Adjustments. Organization will attempt to settle in good faith any dispute between it and a Debit Cardholder involving a Debit Card Sale. Organization will establish a fair,consistent policy for the exchange and return of merchandise and for the adjustment of amounts due on Debit Card Sales.Organization will not make any cash refunds or payments for returns or adjustments on Debit Card Sales but will instead complete a form provided or approved by Bank("Adjustment Draft"). The Sales Transmittal for any Debit Card Sale for which no refund or return will be accepted by Organization must be clearly and conspicuously marked(including on the Debit Cardholder's copy)as"final sale"or"no return"and must comply with the Rules. (e)Presentation of Sales Transmittals and Adjustment Drafts.Organization will electronically transmit to Bank all Sales Transmittals or Adjustment Drafts in a manner acceptable to Bank. Organization will make a good faith effort to electronically transmit data within one banking business day after the Transaction date. Organization will not extend the time of payment for or extend credit for any part ofa Debit Card Sale.Organization represents and warrants that the electronic transmission IJ'0,10 01 hurm,Hu db3(<; Sponsor Bank:BMO Harris N.A.18500 Governoes Hill Drive ICincinnati,OH 45249 1(847)240-6600 Page 4 of 10 PLEASE NOTE:The complete Payment Processing Agreement includes these Terms and Conditions with all exhibits and attachments,Schedule of Fees,and any supplementary documents,and the Payment Acceptance Application. Page 529 of 919 of each Sales Transmittal and Adjustment Draft will evidence a true record of the Debit Card Sale Transaction reflected on the document.Bank will process Debit Card Sales transmitted by Organization,and Bank will promptly credit,debit or charge,as applicable,the appropriate amount to the Account.Within a reasonable time after the end of each calendar month,Bank will calculate the applicable amount of fees and other charges owed by Organization,and Bank will debit the Account in the amount of such fees and other charges.The amount of such fees to be paid by Organization are set forth on Schedule of Fees in this agreement.Such fees may be amended at any time by Bank and/or Paya upon written notice to Organization.Bank may refuse to accept or may revoke its acceptance of any Sales Transmittal or Adjustment Draft,and Bank may debit, charge or credit the Account in the corresponding amount,if:(i)the Debit Card was completed without prior Authorization;(ii)the Sales Transmittal or Adjustment Draft involved circumstances constituting a breach of any agreement,representation,or warranty by Organization;(iii)the Debit Card Sale was in violation of applicable law,the Rules or regulations;(iv)the Debit Cardholder is Organization,any partner of or shareholder in Organization,or any affiliate,spouse or immediate family member of any of them;(v)the Debit Card Sale was not made in connection with the sale of goods or services by Organization.Bank may refuse or revoke the acceptance of any Sales Transmittal or Adjustment of Sales Transmittal upon the occurrence of any of the following events,and Bank may charge,debit or credit the Account in the corresponding amount if(a) Organization defaults in paying when due any obligation to Bank or Paya;(b)any material adverse change in Organization's financial condition occurs;(c)any deposit account at Bank or any of Organization's property in the possession of Bank is garnished or attached;(d)Organization assigns its assets generally for the benefit of creditors;(e)a proceeding is commenced by or against it under any bankruptcy,insolvency or similar law seeking an order to adjudicate it a bankrupt or insolvent or other relief,or seeking appointment of a receiver or similar official for Organization or for any substantial part of Organization's assets. Organization will notify Bank and/or Paya in writing immediately upon becoming aware that any such event has occurred or is likely to occur.Bank will notify Organization promptly o£all Adjustment Drafts.Additionally,Bank will advise Organization on each debit,charge and credit processed to the Account.Organization authorizes Bank to charge debits arising from this Agreement against any credit due Organization,whether or not such charges create overdrafts or a debit balance in the Account.Organization agrees to pay Bank or Paya,as applicable,the full amount of any such overdraft or debit balance or to replenish the Account in an amount sufficient to permit the amount of the charge to be made,as applicable,promptly upon request.Organization further authorizes Bank to suspend in a segregated account amounts which otherwise would be credited to the Account if Bank or Paya reasonably believe that the Sales Transmittals submitted by Organization are fraudulent.Bank or Paya will notify Organization of the suspension of such amounts within a reasonable time;provided,however,that such notice will not be required if the appropriate law enforcement agency has been notified of the suspected fraud. ARTICLE IV—GATEWAY PROGRAMMING 4.01 AliWicabilia to this Agreement.In addition to all the other provisions of this Agreement,the provisions of this Article IV shall apply if Organization utilizes web services from Paya,including the Paya payments gateway,vault services,any application program interface,code samples,web services,integration specifications,and any online components(collectively"Web Services"). 4.02 License Grant.Subject to the terms and conditions of this Agreement,Paya hereby grants to Organization a non-exclusive,non-transferable,limited license(without the right to sublicense)to access and use the Web Services. 4.03 Programming of Web Site.While Paya provides specific API's or programming scripts to Organization or Organization's Web site programmer(s),Organization acknowledges that such sample programming scripts are insufficient in and of themselves to allow Organization's Web site to function with the Web Services.Programming of Organization's Web site and its functionality are the sole responsibility of Organization. 4.04 Organization's Programming Agent.Organization has the sole responsibility to select and employ any competent programming agent to accomplish the programming required to make Organizations Web site function correctly with the Web Services. 4.06 Fees Subject to Fluctuation.Fees for the electronic commerce payment system offered by Paya may be based on the number and/or volume of monthly transactions processed by the Organization.Thus,notwithstanding anything to the contrary herein,the provisions of this Agreement which require notice prior to a change in fees shall not apply to any transactions or services covered by this Article 4. 4.06 Technical Suasfsort.Organization shall be solely responsible for all technical support for Web site-related issues. 4.07 Shut Downs/Ul)dates.Paya reserves the right,from time to time,without prior notice,to shut down and restart the Web Services for maintenance and/or Web Services upgrades or updates from time to time.Paya will use commercially reasonable efforts to keep service shut downs as brief as possible.Organization must monitor updates and upgrades to the Web Services and update Organization's Web site and programming accordingly. 4.08 Disclaimer. PAYA AND ITS LICENSORS :MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY,SUITABILITY,TRUTH,AVAILABILITY,ACCURACY OR COMPLETENESS OF THE WEB SERVICES OR ANY CONTENT STORED THEREIN. PAYA AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEB SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE,SOFTWARE,SYSTEM OR DATA,OR(B)THE WEB SERVICES WILL MEET ORGANIZATION'S REQUIREMENTS OR EXPECTATIONS.THE WEB SERVICES ARE PROVIDED ON AN"AS IS"BASIS.ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,ANY IMPLIED WARRANTY OF ORGANIZATIONABILITY,FITNESS FOR A PARTICULAR PURPOSE,OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS,ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Pays AND ITS LICENSORS. ARTICLE V-TERMINATION AND EFFECT OF TERMINATION 6.01 Term:Termination. (a)Paya Payment Processing Account shall have an initial term of three(3)years and Paya Mobile Pa)rments Account shall have an initial term of one(1)month(respectively the"Initial Term")and shall commence on the earlier of(i)Paya's acceptance hereof(evidenced by the execution of the Agreement by Paya); (ii)the date of written notice from Paya that Organization's application is approved for processing;or(iii)the date on which Organization's first Transaction is processed, and(iv)shall automatically renew as follows:(1)Paya Payment Processinb;Account shall renew for consecutive(2)year terms;and(2)Pana Mobile Pa ments Account shall renew on a month-to-month basis(respectively the"Renewal Term'),and unless terminated as set forth below;(b)This Agreement may be terminated by any party effective at the end of the Initial or any Renewal Term by providing written notice to the other parties of its intent not to renew no less than thirty(30)days prior to the expiration of the then-current term.Additionally,this Agreement may be terminated:(i)by Paya and Bank at any time with or without cause,and without prior notice,and (ii)by Organization in the event of a material breach of the terms of this Agreement by Paya and Bank,provided Organization provides Pays and Bank written notice of the alleged breach and the breach remains uncured for a period of 30 days following receipt of written notice by the breaching party(c)Organization shall pay any fees,fines, third party costs or penalties which Paya may be assessed due to Organization's breach of this Agreement.All rights and obligations of the parties existing as of the effective time of termination will survive termination;(d)Within Paya's and Bank's sole discretion,if Organization's or any ofits principal(s)'business credit deteriorates,i£any significant circumstances exist that would create harm or loss to the goodwill of a card association or payment network system,or if any case or proceeding is commenced by or against Organization under any federal or state law dealing with insolvency,bankruptcy,receivership or other debt relief,this Agreement shall simultaneously therewith automatically terminate,and any amounts due to Bank and Paya shall accelerate and become immediately due and payable,without the necessity of any notice, declaration or other act whatsoever by Bank and Paya.Organization agrees to notify Paya and/or Bank immediately of any bankruptcy,receivership,insolvency or similar action initiated by or against Organization. 6.02 Effect of Termination.(a)In the event of termination for any reason,Organization expressly authorizes Bank and Paya to withhold and discontinue the disbursement for all Cards and other payment Transactions of Organization in the process ofbeing collected and deposited;(b)Collected funds will be placed in the Reserve Account(defined below)until Organization pays any equipment and processing cancellation fees and any outstanding charges,losses or amounts for which Organization is liable under this Agreement.Further,Bank reserves the right to require Organization to deposit additional amounts based upon Organization's processing history and/or anticipated risk of U% d 1 0 fi lu ris 1Sm a{ Sponsor Bank:BMO Harris N.A.18500 Governor's Hill Drive I Cincinnati,OH 45249 1(847)240-6600 'Page 5 of 10 PLEASE NOTE:The complete Payment Processing Agreement includes these Terms and Conditions with all exhibits and attachments,Schedule of Fees,and any supplementary documents,and the Payment Acceptance Application. Page 530 of 919 loss to Bank into the Reserve Account.The Reserve Account shall be maintained a minimum of 270 days after the termination date and for any reasonable period thereafter, during which Cardholder disputes may remain valid under the Rules.The provisions of this Agreement relating to the debiting and crediting of the Account shall be applied to the Reserve Account and shall survive termination of this Agreement until Bank terminates the Reserve Account.Any balance remaining after Chargeback rights have expired and all other expenses,losses and damages have been paid will be disbursed to Organization;(c)Organization expressly acknowledges that the MATCH system and Early Termination File(collectively,the"MATCH")is a maintained by Mastercard and Visa and contains the business name and the names and identification ofprincipals of Organization which have been terminated for one or more of the reasons specified in the Rules. Such reasons include, but are not limited to:fraud, counterfeit paper, unauthorized Transactions,excessive Chargebacks or highly suspect activity.Organization acknowledges that Paya and Bank are required to report the business name of the Organization and the names and identification of its principals to MATCH when Organization is terminated for such reasons.Organization consents to such reporting to the card associations and/or payment networks as applicable by Bank and Pays.Further,Organization waives and will hold harmless Bank and Paya from any claims that Organization may raise because of such reporting;(d)Upon termination for any reason,Organization will immediately cease requesting Authorizations and will cease transmitting Sales Drafts to Bank and Paya.In the event Organization obtains any Authorization after termination,Organization expressly acknowledges and agrees that the fact that any Authorization was requested or obtained shall not operate to reinstate this Agreement;(e)Following termination,Organization shall upon request provide Bank and Paya with all original and microfilm copies of Sales Drafts and Credit Vouchers to be retained as of the date of termination. ARTICLE VI-ACCOUNTS;SECURITY INTERESTS;INDEMNIFICATION 6.01 Accounting.Monitoring. (a) Organization agrees that Paya and Bank may suspend,within their sole discretion,the disbursement of Organizations funds for any reasonable period of time required to investigate suspicious or unusual deposit activity.Paya and Bank will make good faith efforts to notify Organization promptly.Paya and Bank shall have no liability for any losses,either direct or indirect,which Organization may attribute to any suspension of funds disbursement;(b)In the event of unusual Transactions that have been"suspended"and cannot be verified as valid sales or have been verified as Cardholder disputes,Organization agrees that a security processing fee not to exceed 110%of the unusual Transaction(s)may be assessed;(c)Organization's presentation to Paya and Bank of Excessive Activity will be a breach of this Agreement and cause for immediate termination of this Agreement."Excessive Activity"refers to any period oftwo or more calendar months during which Organization has a Chargeback ratio that exceeds 1°,6 by number of Transactions or a Chargeback ratio that exceeds 1°/6 by dollar volume.Organization authorizes,upon the occurrence of Excessive Activity, Bank and Pays to take additional actions as either of them may deem necessary,including,but not limited to,suspension ofprocessing privileges,increase of any fees that may be charged to Organization and/or creation or maintenance of a Reserve Account in accordance with this Agreement. 6.02 Forms.Organization shall use only such forms or modes of transmission of Sales Drafts and Credit Vouchers as are provided or approved in advance by Paya and Bank, and Organization shall not use forms provided by Bank and Paya other than in connection with Transactions without Paya's and Bank's prior written consent. 6.03 Records.In addition to any records routinely furnished to Paya and Bank under this Agreement,Organization shall preserve a paper or electronic copy of all actual paper Sales Drafts,Credit Vouchers and Debit Card Sales and,if a mail,phone order or preauthorized order is involved,the Cardholder's signed authorization for the Transaction, for at least 3 years after the date Organization presents the Transaction.If Records and/or data on Paya's system associated with Organization are subpoenaed by legal process or otherwise,Pays shall produce such records in accordance with the subpoena without notice to Organization. 6.04 Requests for Co*ries.Within 3 days of receipt of any written or verbal request by Bank and Paya,Organization shall provide either the actual paper Sales Draft,Credit Voucher and/or Debit Card Sales or a legible copy thereof(in size comparable to the actual voucher or draft)and any other documentary evidence available to Organization and reasonably requested by Bank or Paya to meet Bank's obligations under law(including its obligations under the Fair Credit Billing Act)or otherwise to respond to questions concerning Cardholder accounts. 6.05 IRS Withholdings and Reporting,.Section 6O50W of the Internal Revenue Code("Code")requires payment providers and third party payment networks,such as Paya, to report payment settlement amounts to the Internal Revenue Service("IRS")for each Organization processing through Paya.Organization shall verify its identity by providing Paya with a Tax Identification Number("TIN")such as a Social Security Number(SSN)or Employer Identification Number(EIN)for each Payment Processing Account.In the event Organization fails to provide its TIN,Paya will place a restriction on Organization's Account and may restrict the receipt of funds into Organization's Account,or withhold a percentage of payments deposited into Organization's Account in order to satisfy the backup withholding requirements of the IRS. 6.06 Security Interests,Reserve Account,Recoupment and Set-Off:(a)Paya may establish and maintain a non-interest bearing account("Reserve Account")in the name ofBank at any federally insured financial institution,with sums provided by Organization that are sufficient to satisfy Organization's current or future obligations as determined by Bank and Pays:(i)Bank and Paya shall have the right to initiate a debit to the Account or any other account at any institution to establish or maintain funds in the Reserve Account.Bank or Paya may deposit into the Reserve Account funds they would otherwise be obligated to pay Organization,for the purpose ofestablishing or maintaining the Reserve Account in accordance with this Section,if they determine such action is reasonably necessary to protect their interests;(ii)Bank,on its own behalf or at Paya's request,may,without notice to Organization,apply deposits in the Reserve Account against any outstanding amounts Organization owes under this Agreement or any other agreement between Organization and Bank or Paya.Paya or Bank may exercise their rights under this Agreement to collect any amounts due to Bank or Paya including, without limitation,rights of set-off and recoupment.Organization shall have no right to withdraw funds or debit the Reserve Account.In the event of a bankruptcy proceeding, Bank and Paya may exercise their rights under this Agreement to debit the Reserve Account for amounts due Bank and Paya regardless of the pre-petition or post-petition nature of the amount due Bank and/or Paya.In the event of a bankruptcy proceeding,Organization also agrees that it will not contest any Motion for Relief from the Automatic Stay,which Bank and Paya may file to debit the Reserve Account.As set forth in Section 5.02,funds in the Reserve Account will remain in the Reserve Account for a minimum of 270 days following termination.Bank will have sole control of the Reserve Account.In the event of a bankruptcy proceeding,Bank and Paya do not consent to the assumption of this Agreement.Nevertheless if this Agreement is assumed Organization agrees that,in order to establish adequate assurance of future performance within the meaning of 11 U.S.C.Sec.365,as amended from time to time,Organization must establish or maintain a Reserve Account in an amount satisfactory to Bank and Paya;(b)Bank and Paya have the right of recoupment and set-off.This means that they may offset any outstanding/uncollected amounts owed to them from:(i)any amounts they would otherwise be obligated to deposit into the Account,and(ii)any other amounts Paya and Bank may owe Organization under this Agreement or any other agreement;(c)The rights conferred upon Bank and Paya in this Section are not intended to be exclusive of each other or of any other rights and remedies of Bank and Pays under this Agreement,at law or in equity.Rather,each and every right of Bank and Paya at law or in equity will be cumulative and concurrent and in addition to every other right. 6.07 Third Parties.(a) Organization may be using special services or software provided by a third party to assist Organization in processing Transactions,including authorizations and settlements,or accounting functions.Organization is responsible for ensuring compliance with the requirements of any third party in using their products. This includes making sure Organization has and complies with any software updates.Pays and Bank have no responsibility for any transaction until that point in time Pays receives data about the transaction;(b)Organization will notify Pays immediately if Organization decides to use electronic authorization or data capture terminals or software provided by any entity other than Paya or its authorized designee("third party terminals")to process Transactions.If Organization elects to use third party software or terminals,Organization agrees(i)the third party providing the software or terminals will be Organization's agent in the delivery of Transactions to Bank via Visa Net or a similar data processing system or network;and(ii)to assume full responsibility and liability for any failure of that third party to comply with the Rules or this Agreement. Neither Bank nor Paya will be responsible for any losses or additional fees incurred by Organization as a result of any error by a third party agent or a malfunction in a third party's software or terminal. 6.05 Modifications to Agreement.This Agreement is subject to amendment by Paya to conform to the Rules.Further,Paya and Bank may,from time to time,amend any provision of this Agreement,including,without limitation,those relating to the discount rate or to other fees and charges payable by Organization by providing written notice, including electronic written notice,to Organization of the amendment,and the amendment shall become effective unless Bank and Paya receive Organization's notice of termination of this Agreement within 7 days.Amendments due to changes in a Payment Brand's fees,interchange,assessments,Rules or any law,regulation or judicial decision may become effective on such shorter period of time as Paya and Bank may specify if necessary to comply with the applicable Rule,law,regulation,decision or other n�l tl 0,11""i"",If,,,gii; Sponsor Bank:BMO Harris N.A.18500 Governors Hill Drive I Cincinnati,OH 45249 1(847)240-6600 Page 6 of 10 PLEASE NOTE:The complete Payment Processing Agreement includes these Terms and Conditions with all exhibits and attachments,Schedule of Fees,and any supplementary documents,and the Payment Acceptance Application. Page 531 of 919 change. 6.09 Limitation of LWOW itti Indemx ii_ti.(A)THE LIABILITY,IF ANY,OF BANK AND PAYA UNDER THIS AGREEMENT WHETHER TO ORGANIZATION OR TO ANY OTHER PARTY,WHATEVER THE BASIS OF THE LIABILITY,SHALL NOT EXCEED IN THE AGGREGATE THE DIFFERENCE BETWEEN(1)THE AMOUNT OF FEES PAID BY ORGANIZATION TO PAYA AND BANK DURING THE MONTH IN WHICH THE TRANSACTION OUT OF WHICH THE LIABILITY AROSE OCCURRED,AND(II)ASSESSMENTS,CHARGEBACKS,AND ANY OFFSETS AUTHORIZED UNDER THIS AGREEMENT AGAINST SUCH FEES WHICH AROSE DURING SUCH MONTH.IN THE EVENT MORE THAN ONE MONTH IS INVOLVED,THE AGGREGATE AMOUNT OF PAYA AND BANK'S LIABILITY SHALL NOT EXCEED THE LOWEST AMOUNT DETERMINED IN ACCORD WITH THE FOREGOING CALCULATION FOR ANY ONE MONTH INVOLVED.IN NO EVENT WILL BANK,PAYA,NOR ITS OR THEIR OFFICERS,AGENTS,DIRECTORS,OR EMPLOYEES BE LIABLE FOR ANY INDIRECT,SPECIAL,CONSEQUENTIAL OR PUNITIVE DAMAGES;(B)TO THE EXTENT ALLOW UNDER LAW,ORGANIZATION HEREBY AGREES TO INDEMNIFY AND HOLD BANK,Paya AND ITS AND/OR THEIR OFFICERS,DIRECTORS,EMPLOYEES AND AGENTS(THE"INDEMNIFIED PARTIES") HARMLESS FROM ANY CLAIM RELATING TO:,(I)ANY DISPUTE BETWEEN ORGANIZATION AND A CARDHOLDER WITH RESPECT TO THE ALLEGED OR ACTUAL FAILURE BY ORGANIZATION TO PROCESS A TRANSACTION AS REQUESTED BY SUCH CARDHOLDER OR TO PROVIDE PHYSICAL SECURITY AT OR NEAR ANY TERMINALS OR OTHER PREMISES OF ORGANIZATION, OR THE TRANSMISSION OR DISCLOSURE OF ANY INFORMATION BY OR THROUGH PAYA,(II)THE TRANSMISSION OF ANY INCORRECT OR INCOMPLETE INFORMATION TO A CUSTOMER OF ANY NETWORK MEMBER THROUGH THE NETWORK REGARDING AN ACCOUNT MAINTAINED BY SUCH CUSTOMER,OR THE DISCLOSURE THROUGH SUCH NETWORK TO ANY PARTY OF INFORMATION RELATING TO ANY SUCH ACCOUNT;AND(III)ORGANIZATION'S FAILURE TO COMPLY WITH ANY OF THE PROVISIONS OF THIS AGREEMENT AND APPLICABLE LAWS,RULES AND/OR REGULATIONS,INCLUDING WITHOUT LIMITATION DISPUTES RESULTING FROM ORGANIZATION'S FAILURE TO PROVIDE A SALES TRANSMITTAL. ORGANIZATION FURTHER AGREES TO INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM ALL CLAIMS,LIABILITY AND EXPENSES ARISING OR RESULTING FROM ANY DISPUTE OR CLAIM MADE AGAINST BANK AND/OR Paya BY ANY THIRD PARTY ARISING OUT OF ORGANIZATION'S BREACH OF THIS AGREEMENT OR THE RULES.FURTHER,ORGANIZATION SHALL REIMBURSE BANK OR PAYA,AS THE CASE MAY BE,FOR ALL EXPENSES AND COSTS,INCLUDING ATTORNEY'S FEES,WITH REGARD TO THE FORGOING;(C)NEITHER BANK NOR Paya MAKE ANY OTHER WARRANTY,EXPRESS OR IMPLIED, REGARDING ANY SERVICES IT PERFORMS IN ACCORDANCE WITH THIS AGREEMENT, AND NOTHING CONTAINED IN THE AGREEMENT WILL CONSTITUTE SUCH A WARRANTY. PAYA AND BANK DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THOSE OF ORGANIZATIONABILITY AND FITNESS FOR A PARTICULAR PURPOSE.THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. 6.10 Account.(a)Organization will establish and maintain an account at Bank or at any federally insured financial institution("Account")reasonably approved by Bank in the United States.Organization will maintain sufficient funds in the Account to satisfy all obligations,including fees,contemplated by this Agreement.Organization irrevocably authorizes Pays and/or Bank to debit the Account for Chargebacks,fees and any other penalties or amounts owed under this Agreement.Organization must obtain prior written consent from Bank and Paya to change the Account.If Organization does not obtain that consent,Paya or Bank may immediately terminate the Agreement and may take other action necessary,as determined by them within their sole discretion;(b)Bank will deposit all Sales Drafts to the Account subject to Section 8.01 of this Agreement. Organization authorizes Bank and Paya to initiate reversal or adjustment entries and initiate or suspend such entries as may be necessary to grant Organization conditional credit for any entry;(c)Bank,in its sole discretion,may grant Organization provisional credit for Transaction amounts in the process of collection,subject to receipt of final payment by Bank and Paya and subject to all Chargebacks and other amounts owed to Bank and Paya under this Agreement;(d)Organization shall promptly examine all statements relating to the Account,and immediately notify Paya and Bank in writing of any errors.Organization's written notice must include:(i)Organization name and account number,(ii)the dollar amount of the asserted error,(iii)a description of the asserted error,and(iv)an explanation of why Organization believes an error exists and the cause of it,if known.That written notice must be received by Paya and Bank within 60 days after Organization received the periodic statement containing the asserted error and failure to provide such notice shall bar any claim oferrors.ORGANIZATION MAY NOT MAKE ANY CLAIM AGAINST BANK OR Paya FOR ANY LOSS OR EXPENSE RELATING TO ANY ASSERTED ERROR FOR 60 DAYS IMMEDIATELY FOLLOWING RECEIPT OF ORGANIZATION'S WRITTEN NOTICE. During that 60 day period,Paya and Bank will be entitled to investigate the asserted error,and Organization will not incur any cost or expense in connection with the asserted error without notifying Paya; (e)Organization will indemnify and hold Paya and Bank harmless for any action they take against the Account pursuant to this Section. Organization will also indemnify and hold harmless the institution at which Organization maintains the Account for acting in accordance with any instruction from Bank or Paya regarding the Account.This Section will survive termination of this Agreement;(f)Organization authorizes Bank and Paya to initiate debit/credit entries to the Account, as the Account may be changed from time to time,and to any other account maintained by Organization at any institution that is a receiving bank of ACH,all in accordance with this Agreement.In the event Organization changes the Account,Organization will notify Paya,with a copy to Bank,and this authorization will apply to the new Account. This authorization will be effective until both:(i)Paya and Bank have received written notification from Organization terminating this authorization,and(ii)all obligations of Organization to Paya and Bank have been paid in full.Organization will provide to Paya and Bank a voided Account check,and will fill in the Account numbers on the Application. 6.11 Fees and Other Amounts Owed.(a)Organization shall pay the fees and charges as set forth on the Schedule of Fees included in this Agreement,the provisions of which are incorporated herein by reference.Unless otherwise noted,Organization shall pay all fees monthly,with the exception of the Discount Fee and/or interchange,which shall be paid either monthly or daily,as determined by Paya in its sole discretion.Organization may choose,however,to pay the discount fee on a daily basis by notice to Paya.The Account will be debited through ACH for such amounts and for any other fees,charges or adjustments incurred by Organization and associated with processing services. Organization is also obligated to pay all taxes and other charges imposed by any governmental authority on the services provided under this Agreement.Bank and Paya shall have the right to change fees,including adding fees for additional services utilized by Organization,in accordance with Section 6.O8.Interchange Pass Through pricing("IPT") as specified in this Agreement is comprised of interchange,fees,dues,and assessments assessed by card association.Cost-Plus pricing("CP")is comprised of IPT plus the Cost Plus Rate set forth in this Agreement,which is charged to each settled Card and Debit Card Transaction.Organization may call Paya customer service with any questions regarding pricing,qualifications exceptions,and billing.Paya does not refund fees for returns;(b)Organization will immediately pay Paya and Bank any amount incurred by Paya attributable to this Agreement or any other agreement between Organization and Paya or any subsidiary or affiliate of Paya,including but not limited to equipment fees, Chargebacks,fines imposed by a third party,non-sufficient fund fees,and ACH debits that overdraw the Account,Reserve Account,or are otherwise dishonored.Organization authorizes Paya and Bank to debit via ACH the Account,Reserve Account,any other account Organization has with Paya,an affiliate or subsidiary of Paya,Bank or at any other financial institution for any amount Organization owes under this Agreement or under any other contract,note,guaranty,or dealing of any kind now existing or later entered into between Organization and Paya or any subsidiary or affiliate,whether Organization's obligation is direct,indirect,primary,secondary,fixed,contingent,joint or several.In the event such ACH does not fully reimburse Paya and Bank for the amount owed,Organization will immediately pay Paya and Bank such amount. 6.12 Costs.Organization will be liable for and will indemnify and reimburse Paya and Bank for all costs paid or incurred by Paya or Bank in the enforcement of this Agreement, including but not limited to attorneys'and investigators'fees,or in collecting any amounts due from Organization or resulting from any breach by Organization of this Agreement. ARTICLE VII-MISCELLANEOUS 7.01 Waiver.Failure by Bank or Paya to enforce one or more of the provisions of this Agreement shall not constitute a waiver of the right to enforce the same or other provision in the future.The waiving party must sign all waivers. 7.02 Notices.All notices and other communications required or permitted under this Agreement shall be deemed delivered when sent by e-mail or mailed,postage prepaid, addressed as follows: 1,$gat _+, )]t&£g•?ar sus}k Sponsor Bank:BMD Harris N.A.18500 Governor's Hill Drive(Cincinnati,OH 45249 1(847)240-6600 Page 7 of 10 PLEASE NOTE:The complete Payment Processing Agreement includes these Terms and Conditions with all exhibits and attachments,Schedule of Fees,and any supplementary documents,and the Payment Acceptance Application. Page 532 of 919 .. --------- ww If to Paya: If to Bank: Paya BMO Harris N.A. 12120 Sunset Hills Rd STE goo 111 W.Monroe Reston,Virginia 22102 Chicago,1160603 Attn:Chief Financial Officer Attn.Customer Service If to Organization,at the address provided as the billing address and to the contact listed on the Application or e-mail.To the fullest extent permitted by applicable law, notices or other communications regarding the Company Services("Communications')may be provided to Organization electronically and Organization agrees to receive all Communications from Company in electronic form.Electronic Communications may be delivered to Organization's email address specified by Organization),if Orggr ization has selected such method of notification.All Communications delivered by Company to Organization in either electronic or paper format will be considered to be in"writing,"and to have been received no later than five(5)business days after posting or dissemination,whether or not Organization has received or retrieved the Communication.Company reserves the right but assumes no obligation to provide certain notices hereunder in paper format. 7.03 Choice of Law:Jurisdiction.This Agreement and all matter related thereto shall be construed in accordance with the laws of the State of Delaware except those rules relating to conflicts of laws.Any action or proceeding arising out of or related to this Agreement shall be brought only in a court located in located in Dover,Delaware. Each party expressly consents to the jurisdiction of such courts. 7.04 Entire Agreement:Assignability.This Agreement,these Terms and Conditions of Payment Processing Agreement and any supplementary documents indicated herein, expresses the entire understanding of the parties with respect to its subject matter and except as provided herein,may be modified only in writing executed by all parties.This Agreement may be assigned by Paya and Bank,but may not be assigned by Organization,directly or by operation of law,without the prior written consent of Bank and Paya. In the event,for whatever reason,Organization's Application does not meet standard underwriting criteria,and satisfies only sub-standard underwriting criteria,Organization acknowledges the completed Application may be forwarded to an alternative Member processor for review and approval.If Organization nevertheless assigns this Agreement without such consent,the Agreement will be binding on the assignee.This Agreement shall be binding upon and inure to the benefit of the parties'respective successors and permitted assigns.. 7.06 Credit and Financial Inquiries:InsYecl __tions,. (a)Organization authorizes Bank and Paya to make,at any time,any credit inquiries which either may consider necessary to accept or review acceptance of this Agreement or investigate Organization's deposit or Card acceptance subsequent to acceptance of this Agreement.Such inquiries shall include,but are not limited to,a credit check of the business including its proprietor,partners,principal owners or officers.If requested to do so by Bank or Paya,Organization shall provide the written consent of any person for which an inquiry has been or is to be made if such person has not executed this Agreement and will provide any financial statements,income tax and business tax returns and other financial information as Bank or Paya may consider necessary to perform initial or periodic reviews of Organization's financial stability and business practices;(b)Organization may honor Cards only at locations approved by Paya and Bank.Additional locations may be added,subject to Paya and Bank's written approval.All current and future locations are bound by the terms and conditions of this Agreement.Either Organization or Paya may delete any location by providing notice as provided in this Agreement;(c)Organization agrees to permit Bank or Paya at any time from time to time,to inspect locations to confirm that Organization has or is adhering to the terms of this Agreement and is maintaining the proper facilities,equipment,inventory,records and license or permit(where necessary) to conduct its business.However,nothing in this Section shall be deemed to waive Organization's obligation to comply in all respects with the terms of this Agreement;(d) Representatives of Bank or Paya may,during normal business hours,inspect,audit and make copies of Organization's books,accounts,records and files pertaining to any Transaction. 7.06[Deleted] 7.07 Attorne s'FeesFees.Organization will be liable for and will indemnify and reimburse bank and/or Paya for all attorneys'fees and other costs and expenses paid or incurred by Bank and/or Paya in the enforcement of this Agreement,or in collecting any amounts due from organization to Bank and/or Paya or resulting from any breach by Organization of this Agreement. 7.08 American Express Card Acceptance. In addition to other applicable provisions of this Agreement,the following provisions apply to Organization's acceptance of American Express Cards:(a)This Agreement governs Organization's acceptance o£American Express Cards under American Express's"OptBlue Program".If and when the Transactions submitted by American Express Cardholders exceed the charge volume eligibility criteria for the OptBlue Program,American Express may require Organization to convert to a direct Card Acceptance Agreement with American Express.If this occurs,upon such conversion,(i)Organization will be bound by American Express's then- current Card Acceptance Agreement;and(ii)American Express will determine the pricing and other fees payable by Organization under the Card Acceptance Agreement- (b) Organization's participation in the OptBlue Program is subject to the approval of American Express. Organization authorizes Pays and/or its affiliates to submit Transactions to,and receive settlement on such Transactions from,American Express on behalf of Organization;(c)Organization shall not assign to any third party any payments due to it for American Express Card Transactions,and all indebtedness arising from such Transactions will be for bona fide sales of goods and services(or both)at its business locations and free of liens,claims,and encumbrances other than ordinary sales taxes;provided,however,that Organization may sell and assign future receivables to Paya,its affiliated entities and/or any other cash advance funding source that partners with Paya or its affiliated entities;(d)American Express shall have third-party beneficiary rights,but not obligations,to enforce the terms of this Agreement applicable to American Express Card acceptance against Organization;(e)Organization may opt out of accepting American Express Cards under this Agreement by providing 30 days'notice to Paya without directly or indirectly affecting its rights to accept other Payment Brand Cards;(f)Except as provided in Section 7.08(g),Paya may disclose to American Express information regarding Organization and Organization's Transactions to American Express,and American Express may use such information to(i)perform its responsibilities in connection with American Express Card acceptance,(ii)promote American Express,(iii)perform analytics and create reports,and(iv)for any other lawful business purposes,including commercial marketing communications purposes within the parameters ofAmerican Express Card acceptance,and to provide important transactional or relationship communications from American Express.American Express may also use such information about Organization obtained in connection with this Agreement at the time of setup to screen and/or monitor Organization in connection with American Express marketing and administrative purposes; (g) Organization may opt-out of receiving American Express commercial marketing communications about products and services by selecting the opt-out option on its Application or subsequently by providing written notice to its primary relationship contact at Paya.Organization may continue to receive such communications from American Express after opting out while American Express updates its records to reflect Organization's opt-out choice; and(h)Organization may not bill or attempt to collect from any Cardholder for any American Express Transaction unless a Chargeback has been exercised,Organization has fully paid for such Chargeback,and it otherwise has the right to do so. 7.09 Paya Specific Services.In addition to other applicable provisions of this Agreement,the following provisions apply to Organization's acceptance of the services set forth below that are provided only by Paya: ?t-NI 7 0 1 W, H,Bunk Sponsor Bank:WO Harris N.A.18500 Governor's Hill Drive Cincinnati,OH 45249 1(847)240-6606 Page 8 of 10 PLEASE NOTE:The complete Payment Processing Agreement includes these Terms and Conditions with all exhibits and attachments,Schedule of Fees,and any supplementary documents,and the Payment Acceptance Application. Page 533 of 919 (a)Paya Advanced Fraud Protection Service: Definitions.The following definitions apply only to the Paya Advanced Fraud Protection Service: "Business Days"means any day other than Saturday,Sunday,or any day designated as a U.S.banking holiday. "Cardholder Data"shall have the same meaning as set forth by the PCI DSS Glossary "Cardholder Communication"means the data exchanged between Organization and a Cardholder when a Cardholder initiates a Transaction,which may include Personal Data. "Delivered Data"means real-time risk opinions and report information delivered to Organization by Paya in connection with the provision of the Fraud Mitigation Service. "Indications"means the authorization code or risk control opinions generated by the System and returned to Organization in response to a Risk Inquiry. "Organization Communications"means the data exchanged between Organization and Paya and any Paya subcontractor for the benefit of a Organization, associated with the provision of the Fraud Mitigation Service,which may include Personal Data. "Personal Data"means:any personally identifiable information(including,without limitation,Cardholder Data)disclosed or otherwise provided to Paya by Organization that,if compromised,could result in identity theft,or any more restrictive definition required by applicable law. "RIS Update"means updated Transaction information transmitted by the Organization to Paya through the Risk Inquiry System,which includes all required data elements. "Risk Inquiry"means any Transaction initiated by Organization or a Cardholder of Organization in which the System is queried. "Fraud Mitigation Service"means the fraud mitigation service offered as part of this Section. "System"means the Paya interface through which Organization initiates Risk Inquiries and RIS Updates,and through which Paya delivers risk replies and reports to Organization. (i)Organization Obligations.Organization will:(1)initiate a real-time Risk Inquiry through the Risk Inquiry System for every Transaction processed;(2)provide Paya with RIS Updates for all Risk Inquiries;(3)cancel all Transactions deemed as high risk by an Indication;(4)use all means available to Organization to detect and prevent fraudulent Transactions,including those required under the Payment Processing Agreement,in addition to the Fraud Mitigation Service,and will not rely on the Fraud Mitigation Service as a fraud prevention guarantee. (ii)Access to Cardholder Communications.(1)Organization acknowledges and agrees that in order to provide the Fraud Mitigation Service,the System is required to access the contents of Cardholder Communications. Organization expressly consents and grants Paya permission to access Cardholder Communications to the extent necessary to provide the Fraud Mitigation Service;(2)Organization shall obtain,from any Cardholder initiating a Transaction for which Organization requests a Risk Inquiry, all consents necessary for Paya to access the pertinent Cardholder Communication to which Cardholder is a party(each a"Cardholder Consent").Organization shall be solely liable for the legal adequacy of,the means used to obtain the Cardholder Consent and the failure to obtain such Cardholder Consent. (iii)Payment Terms:(1)Fees.Organization agrees to pay the fees set forth on the Application and Agreement for Payment Processing Account—Bank Card and/or Fee Schedule("Fees").All Fees owed by Organization shall be billed and charged in accordance with the terms of the Payment Processing Agreement. (iv)Ownership:(1)Intellectual Property.As between Paya and Organization,Paya retains all right,title,and interest in and to the Web Services.Except for the limited rights granted in this Agreement to use the Web Services and to receive Reports and Indications,Organization does not receive nor is granted any licenses or rights in the Web Services or the Fraud Mitigation Service whether by implication,estoppel,or otherwise.Organization agrees that it will not reverse-engineer,disassemble or decompile the Web Services or the Fraud Mitigation Service.Organization will not give any third party,except Organization's employees,access to the Web Services or Fraud Mitigation Service without Pays's prior written consent. (v)Personal Data.Personal Data submitted to Pays by Organization may be converted by Pays to digest form to be used for statistical and/or fraud prevention purposes. (vi)Upgrades and Additional Offerings.(1)Fraud Mitigation Service Modifications.Paya may modify the Fraud Mitigation Service,including by adding,modifying or removing features at any time during the Term in its sole discretion.Paya may also impose limits on certain features or restrict Organization's access to parts of the Fraud Mitigation Service without notice or liability to Organization;(2)Fraud Mitigation Service Maintenance.Should Paya(or Paya's vendors)need to perform maintenance on Paya's hardware or systems relating to the Fraud Mitigation Service,Paya will attempt to do so in a manner designed to not unreasonably interfere with Organization's use of the Fraud Mitigation Service.Should a critical maintenance situation arise,Paya may be required to and shall perform emergency maintenance at any time.During scheduled and emergency maintenance periods,the Fraud Mitigation Services may not be available.Organization agrees to cooperate with Paya during scheduled and emergency maintenance periods by providing reasonable assistance;(3)Quality Assurance Monitoring.For quality assurance,Paya may monitor or record telephone calls Organization makes to Paya in connection with the Fraud Mitigation Service. (vii)Organization Warranties:Organization represents and warrants to Paya that:(1)Organization shall not rely solely on its use of the Fraud Mitigation Service to comply with any laws,government regulations Rules or the Payment Processing Agreement;and(2)Organization has and will comply with all laws and regulations Rules applicable to the Transactions relative to the Fraud Mitigation Service,and all laws relating to the collection,processing,sharing and disclosure of Personal Data(including, without limitation,in the United States and the European Union); (viii)Indemnification. (1)Organization Indemnification. Organization will defend,indemnify and hold harmless Paya and Paya's providers, officers,directors, agents, subsidiaries,subcontractors,vendors,and employees from any and all claims,lawsuits,demands,damages,costs,fines,fees or other expenses,(including reasonable attorneys' fees)resulting from or in any way related to Organization's use of the Fraud Mitigation Service,including but not limited to:(a)Organization's breach of any representation or warranty contained herein or arising by operation of law,(b)Organization's violation of the rights of a third party relating to Organization's use of the Fraud Mitigation Service,(c)the reliability,accuracy,or legitimacy of data submitted by Organization to Paya,or(d)any third party claim resulting from Organization's use of the Fraud Mitigation Service. Limitation of Liability.(1)In addition to the limitations of liability set forth in the Payment Processing Agreement,Paya will have no liability for any reversals,refunds, fraud losses or chargebacks incurred by a Organization as a result of reliance upon an Indication or the Fraud Mitigation Service;(2)In the event of a Fraud Mitigation Service failure,Paya's sole responsibility shall be to correct the failure of the system.Paya shall not be liable for any resulting damages whatsoever,whether direct or indirect,foreseeable or unforeseeable,consequential,punitive or otherwise,claims to which are hereby specifically and expressly waived by Organization(3)IN NO EVENT SHALL PAYA'S LIABILITY TO ORGANIZATION FOR DAMAGES HEREUNDER FOR ANY CAUSE WHATSOEVER,AT LAW OR IN EQUITY,EXCEED THE AMOUNT PAID BY ORGANIZATION FOR USE OF THE FRAUD MITIGATION SERVICES DURING THE MONTH IMMEDIATELY PRECEDING THE DATE OF THE EVENT WHICH GAVE RISE TO THE LOSS OR INJURY.IN NO EVENT WILL Paya BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INDIRECT,INCIDENTAL OR CONSEQUENTIAL OR OTHER SIMILAR DAMAGES ARISING OUT OF THIS AGREEMENT OR ORGANIZATION'S USE OR INABILITY TO USE THE FRAUD MITIGATION SERVICES,HOWEVER CAUSED AND UNDER WHATEVER THEORY OF LIABILITY,EVEN IF PAYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;(4)THIS DISCLAIMER OF LIABILITY APPLIES TO ANY EXPENSES,DAMAGES OR INJURY tki 5,k�`t° vs.zf84i; Sponsor Bank:BMO Harris N.A.18500 Governor's Hill Drive(Cincinnati,OH 45249 1(847)240-6600 Page 9 of 10 PLEASE NOTE:The complete Payment Processing Agreement includes these Terms and Conditions with all exhibits and attachments,Schedule of Fees,and any supplementary documents,and the Payment Acceptance Application. Page 534 of 919 CAUSED BY ANY FAILURE OF PERFORMANCE,ERROR OR OMISSION,INTERRUPTION,DELETION,DEFECT,DELAY IN OPERATION OR TRANSMISSION,COMPUTER VIRUS,COMMUNICATION LINE FAILURE,THEFT,DESTRUCTION,OR UNAUTHORIZED ACCESS TO,ALTERATION OF, OR USE OF RECORD,WHETHER FOR BREACH OF CONTRACT,STRICT LIABILITY,TORTIOUS BEHAVIOR,NEGLIGENCE,OR FOR ANY OTHER CAUSE OF ACTION;and(5)Use of non-personally identifiable information.Organization agrees that Paya may disclose or use any data or information relating to Fraud Mitigation Service,or information in its aggregate form that Paya acquires in the course of providing the Fraud Mitigation Service,but only if the information does not contain any personally identifiable information. (ix)Term;Termination.The Fraud Mitigation Service will commence on the Effective Date of the Agreement and will continue for Term of the Agreement or until such time as Paya discontinues the Fraud Mitigation Service.(1)Effect of Termination.Upon termination,all rights and obligations hereunder shall cease except Organization's obligation to pay the applicable fees and provide defense and indemnification for any claim arising out of Fraud Mitigation Service performed by Paya up to and including the Effective Date of termination.Organization will not be entitled to a refund of any fees paid by Organization in connection with the Fraud Mitigation Service prior to termination. (x) Use of Subcontractors.Paya expressly reserves the right to perform any and all of the Fraud Mitigation Service provided under this Addendum through subcontractors and vendors. 7.10 S_gnature.Organization represents and warrants that the person executing this Agreement is duly authorized to bind Organization to all provisions of this Agreement, and that such person is authorized to execute any documents and to take any action on behalf of Organization,which may be required by Paya now or in the future. 7.11 Force Majeure,The delay or inability of party to perform its obligations hereunder when required(other than Organization's payment obligations)if caused by events of Force Majeure,as defined herein,shall not constitute a breach or default and shall not subject such party to liability to any other party so long as such Force Majeure event exists. Force Majeure events shall include, without limitation,civil disturbances,epidemics,pandemics,natural disasters,wars,acts of terrorism,acts of God,economic downturn and all other such events outside the control ofthe parties that make it impossible for one party to comply with its obligations hereunder. 7.12 General.If any provision of this Agreement is illegal or unenforceable,the invalidity of that provision will not affect any ofthe remaining provisions and this Agreement will be construed as if the illegal provision is not contained in the Agreement.Organization is responsible for its employees'actions while in its employ.The parties do not intend to confer any benefits on any person or entity other than Organization,Bank and Paya.Article I,Sections 5.02,3.04,Article V,Article VI,Article VII and any other provision that by their nature should survive termination will survive expiration or termination o£this Agreement. By signing below,the Organization named: (1)certifies to Paya that it is authorized to execute and deliver this Agreement on behalf of the Organization;(2)and the person executing on behalf of the Organization is authorized to do so;(3)certifies that all information and documents submitted in connection with this Agreement are true and complete;(4)authorizes Paya to verify any ofthe information given,including credit references,and to obtain credit reports on the Organization;(5)has read,agrees to,and acknowledges receipt ofthe Terms and Conditions,presented above and incorporated herein by reference.The Terms and Conditions and the Payment Acceptance Application constitute the entire Agreement by and between Organization,Paya and Bank;(6)agrees that Organization is responsible for the acts,omissions and obligations of any unit or division receiving services hereunder;(7)certifies that each such unit or division has the same Tax Identification Number as the Organization;(8)acknowledges that if Paya,in its reasonable discretion,determines that any particular unit or division is in breach ofthe terms ofthe agreement with Paya,Paya may terminate the unit or division and cease the provision of services to such unit or division without terminating the agreement with the Organization;(9)agrees that Organization and each transaction submitted to Paya will be bound by the Agreement in its entirety;and(10)agrees that Organization will submit transactions to Paya only in accordance with the information in the Payment Acceptance Application and will immediately inform Paya,in writing at the address above if any information in the Payment Acceptance Application changes.Organization further acknowledges that,as used in this paragraph,"Bank"means the banking institution identified at the top ofthe first page of this document as the Settlement Bank. By signing below,I represent that the information I have provided on the Payment Acceptance Application is complete and accurate and I authorize American Express Travel Related Services Company,Inc(American Express)to verify the information on this Payment Acceptance Application and to receive and exchange information about me, including,requesting reports from consumer reporting agencies.If I ask American Express whether or not a credit report was requested,American Express will tell me,and if American Express received a report,American Express will give me the name and address ofthe agency that furnished it.I understand that upon American Express'approval ofthe Organization indicated below to accept the American Express Card,the Terms and Conditions for American Express Card Acceptance("Terms and Conditions")will be sent to such Organization along with a Welcome Letter.By accepting the American Express card for the purchase of goods and/or services,you agree to be bound by the Terms and Conditions. Organization Name Authorized Officer(1) Signature Printed Name Title Date Authorized Officer(2) Signature Printed Name Title Date ;."w'4; fi C€•rw Book Sponsor Bank:BMO Harris N.A.18500 Governor's Hill Drive ICincinnati,OH 45249 1(847)240-6600 Page 10 Of 10 PLEASE NOTE-The complete Payment Processing Agreement includes these Terms and Conditions with all exhibits and attachments,Schedule of Fees,and any supplementary documents,and the Payment Acceptance Application. Page 535 of 919 Terms and Conditions for ACH Payment Processing Paya EFT A. These are the terns and conditions("T&Cs")referenced in the Payment Acceptance Application("Application").These T&Cs,together with the Application,form the Payment Processing Agreement("Agreement')between Pays EFT,Inc.("Paya-EFT")and the Organization("ORGANIZATION")who submitted the executed Application. ORGANIZATION desires to use the services pursuant to the terms of this Agreement and the Hiles of the National Automated Clearing House Association(the"Rules"),and Paya-EFT is willing to provide the services subject to the terms and conditions set forth in this Agreement. B. Unless otherwise defined herein,capitalized terms shall have the meanings provided in the Rules.The term"Entries"shall have the meaning provided in the Rules and shall also mean the data,which is transmitted by the ORGANIZATION to Paya-EFT to prepare such Entries for processing. AGREEMENT 1. ORGANIZATION'S AUTHORITY.ORGANIZATION specifically warrants to Paya-EFT that ORGANIZATION has taken all necessary legal action and has authority to enter into this Agreement with Paya-EFT.It further warrants that the person(s)signing for and on behalf of ORGANIZATION is specifically authorized and directed to do so by ORGANIZATION. ORGANIZATION acknowledges that this Agreement constitutes the legal,valid and binding obligation of ORGANIZATION,enforceable in accordance with its terms.The attached Schedules for the POS Conversion,QSP,Check 21+Remote Check Deposit,Checks-By-Phone,Checks-By-Web,ACH Debit,Checks-By-Phone,and Paper Guarantee services are hereby incorporated into these T&C's to the extent Organization selects such services in the Application. These T&Cs are only applicable to the Paper Guarantee services to the extent set forth in Sections 22- 42 and the Paper Guarantee Schedule attached hereto. 2. ORGANIZATION's PUBLIC DISCLOSURE RESPONSIBILITIES.Paya-EFT shall provide signage to be displayed at the point of purchase(POP)or payment collection site,which informs customers of the applicable(i)ORGANIZATION'S use of Paya-EFT Electronic Check Processing Service;or(ii)electronic debit for the amount of any state allowable NSF or recovery fee as stated in Section 3 of the Check 21+Remote Check Deposit Addendum.ORGANIZATION agrees to display these materials in the best visible and unhindered location so as to inform the public of,if applicable,such electronic debit entry or that ORGANIZATION will honor electronic check and ACH processing services(as applicable)provided by Paya-EFT.From time to time,Paya-EFT may disseminate(i)changes to rules governing the Services;and(ii)educational and promotional materials to ORGANIZATION for ORGANIZATION to distribute to customers.ORGANIZATION further agrees to immediately(i)remove and properly dispose of Paya-EFT's stale promotional materials and to display the most current materials upon receipt of such from Paya-EFT;and(u)comply with such rule changes.ORGANIZATION will discontinue the use of all of Paya-EFT's promotional materials and properly remove said materials upon receipt of written notification of suspension or termination of this Agreement.In the event Organizations'account is reinstated by Paya-EFT after suspension,ORGANIZATION shall redisplay appropriate materials upon receipt of written verification of resumption of service by Paya-EFT. 3. RESTRICTIONS ON USE OF PROMOTIONAL MATERIALS AND REPRESENTATIONS CONCERNING Pac•a-EFT's.SER1'ICES.ORGANIZATION shall make no use of Paya-EFT's promotional materials,marks,or software,other than as set forth in paragraph 2 above,without Paya-EFT'S prior written consent.In no way shall the ORGANIZATION indicate that Paya- EFT's services are an endorsement of the ORGANIZATION,its business or its business practices.In the event of termination,ORGANIZATION immediately shall properly discard all software related to Paya-EFT services at ORGANIZATION's expense. 4. SURCHARGES AND TAXES.ORGANIZATION shall not impose any illegal surcharge on any processed ACH,Remote Check Deposit(Check 21 Plus)processed check,or electronically processed check transaction.ORGANIZATION shall collect all required taxes at time of sale.All required taxes must be included in the total transaction amount at the time such is submitted for authorization by Paya-EFT and must be reflected in the face amount of the check or ACH Debit(if applicable).In any event,ORGANIZATION shall not collect any required taxes separately in cash,or otherwise.ORGANIZATION is responsible for paying all taxes collected to the appropriate authorities in a timely manner. 5. USE OF EQUIPMENT.ORGANIZATION agrees to utilize only equipment and software(including payment gateways)approved by Paya-EFT for the electronic processing of checks and ACH Debits and in a format and medium of transmission acceptable to Paya-EFT. 6. NETTING OF TRANSACTIONS.ORGANIZATION acknowledges that all transactions between Paya-EFT and ORGANIZATION under this Agreement,except assessment offices,shall be treated as a single transaction for purposes of daily settlement between ORGANIZATION and Paya-EFT. The Settlement period varies depending on the Service.Chargebacks may be deducted from net settlement or may be debited from ORGANIZATION's account if no pending credits are available to offset the chargeback. 7. PAYMENT.ORGANIZATION acknowledges that this Agreement provides for the provisional settlement of ORGANIZATION'S transactions,subject to certain terms and conditions,fees, credit transactions,contingent claims for chargebacks,adjustments and final settlement including but not limited to those enumerated herein.All payments to ORGANIZATION for legitimate and authorized transactions shall be made by Paya-EFT through the ACH and shall normally be electronically transmitted directly to ORGANIZATION'S designated account.However, Paya-EFT cannot guarantee the timeliness with which any payment may be credited by ORGANIZATION'S bank.ORGANIZATION understands that due to the nature of the ACH and the electronic networks involved and the fact that not all banks belong to an ACH,payment to ORGANIZATION can be delayed.hr such cases,ORGANIZATION agrees to work with Paya-EFT to help resolve any problems in crediting ORGANIZATION'S designated account.In the event that a payment is rejected by ORGANIZATION'S bank or fails to arrive within seven(7) banking days from the date of settlement due to problems beyond Paya-EFT'S control,Paya-EFT may periodically wire transfer all funds due ORGANIZATION until the problem is corrected,at ORGANIZATION'S EXPENSE.All payments to ORGANIZATION shall be made after first deducting therefrom any discount fee,transaction fee,credit,chargeback,reserve or other fee or charge for which ORGANIZATION is responsible pursuant to this Agreement.Said charges and fees shall be deducted from incoming transactions or may be debited against ORGANIZATION'S designated Account at Paya-EFT's sole discretion,without any further notice or demand. 8. AUTHORIZATION TO ACCESS ORGANIZATION's ACCOUNT.ORGANIZATION hereby authorizes Paya-EFT to initiate debit and credit entries to ORGANIZATION'S designated account.ORGANIZATION's authorization shall continue in effect for at least 120 days after termination of this Agreement,or for a longer period as determined necessary by Paya-EFT in the exercise of its sole discretion in order to properly terminate business.Unless a reserve or delay is placed on the ORGANIZATION'S account,Paya-EFT will generally transmit settlement to ORGANIZATION's bank within 7 business days.In cases where ORGANIZATION has been approved by Paya-EFT in advance to initiate credit entries,the debit to ORGANIZATION's account will be initiated first and the credit to the customer may be held until ORGANIZATION's debit clears,generally within 6 banking days or for a longer period as determined necessary by Paya-EFT to insure the funds have cleared ORGANIZATION's account.With respect to the Services,(i)settlement shall consist of a 7 banking day net settlement unless approved in advance by Paya-EFT in writing settlement shall consist of a 7 banking day net settlement unless approved in advance by Paya-EFT in writing;and(ii)No ORGANIZATION or customer is authorized to initiate a customer credit Entry,except where the Entry is the result of a reversal of a previous WEB debit Entry. Returns received after a transaction has been settled may be offset and deducted from current outstanding finds due to ORGANIZATION,or returns may be charged back to ORGANIZATION's account at Paya-EFT's discretion.ORGANIZATION specifically authorizes Paya-EFT to debit ORGANIZATIONs account via Automated Clearing House(ACH)transfer for any previously funded transaction that is returned,and ORGANIZATION warrants to Paya-EFT that ORGANIZATION will maintain a sufficient balance to cover return entries and to promptly notify Paya-EFT of any changes to ORGANIZATION's accounts.In addition,Paya-EFT may require additional monetary sums for the reserve account from ORGANIZATION,and Paya-EFT reserves the right to hold additional monies as necessary to reduce any risk associated with the daily processing of checks,as requested by ORGANIZATION.In the event of processing termination,Pays-EFT may hold outstanding funds due to ORGANIZATION for up to one-hundred-twenty(120)days from the transaction date if Paya-EFT determines that the return history reasonably justifies the holding of funds.Paya-EFT may hold back certain amounts where Paya-EFT is investigating a transaction for breach of warranty or transactional requirements by ORGANIZATION or for other reasons.Paya-EFT shall monitor ORGANIZATION's transactional activity and ORGANIZATION agrees that Paya-EFT may delay funds for a reasonable period to investigate account activity.Paya-EFT will attempt to notify ORGANIZATION of any investigation,but Paya-EFT shall have no liability to ORGANIZATION or any other party,for any such actions taken by Paya-EFT.ORGANIZATION agrees that Paya-EFT may hold,setoff or retain funds to protect against amounts owed Paya-EFT or based on ORGANIZATION's transaction history and/or ORGANIZATIONS'financial condition.Paya-EFT will not be liable for any dishonor of any item as a result of actions taken hereunder.Amy account is subject to review,verification,audit and acceptance by Paya-EFT.Paya-EFT may return any item to ORGANIZATION for correction or proper processing. 9. RETURNS AND CREDITS.ORGANIZATION shall maintain a fair policy permitting refunds,exchanges,returns and adjustments.During the term of this Agreement,ORGANIZATION shall be responsible for making all cash,check,or ACH Debit refunds to customer after a transaction has been batched out for settlement.Unless ORGANIZATION has been approved by Paya-EFT in advance to initiate credit entries for a lesser amount than the original check,electronic check,or ACH Debit entry,ORGANIZATION must initiate a credit receipt for the same amount as the original check or debit entry to effect voids,which occur the same day as the day of authorization and prior to batching out.As applicable,ORGANIZATION must use the POP equipment,approved Paya-EFT software,or ACH Debit Software to transmit the credit.ORGANIZATION shall obtain proper written authorization from the Customer whose name is used in the transaction or printed on the face of the check or the customer's authorized representative prior to crediting Customer's account.Except for Checks-By-Web,the customer or its authorized representative shall sign the completed credit receipt and a copy of the credit receipt shall be delivered to the customer at the time of each cancellation of a transaction.Each void,debit,and credit entry shall constitute a separate transaction for which a processing fee will apply.If it becomes necessary for a reversal of a transaction to be initiated,ORGANIZATION shall request in writing to Paya-EFT to initiate such reversal.ORGANIZATION shall give Paya-EFT enough information to create such reversal. 10. WARRANTIES BY ORGANIZATI{1N.ORGANIZATION warrants and agrees to fully comply with all federal,state,and local laws,rules and regulations,as amended from time to time, including those with respect to consumer protection.ORGANIZATION also warrants not to change the nature of its business as indicated on the Application attached hereto and submitted herewith or to modify the ownership of the business without the prior written consent of Paya-EFT.With each transaction presented to Paya-EFT by ORGANIZATION for authorization, ORGANIZATION specifically warrants and represents that:(a)each customer has authorized the debiting or crediting of its checking account,that each debit or credit is for an amount agreed to by the customer;(b)each debit or credit entry was authorized by the person named on the checking account or the authorized representative or agent of such person;(c)the sales receipt or Page 1 of 10 Page 536 of 919 other proof of purchase is valid in form and has been completed in accordance with all applicable laws and all of the provisions set forth in this Agreement;(d)the total amount of each sales receipt or other proof of purchase evidences all goods and services purchased in a single transaction(No splitting check transactions to multiple checks as applicable);(e)ORGANIZATION has delivered the goods or completed the services identified in the authorized sales receipt;(f)each sales draft and check represents a bona fide direct sales transaction between the ORGANIZATION and the person presenting the check or ACH Debit in the ORGANIZATION'S ordinary course ofbusiness and that the amount of the sales draft or check evidences the customer's total indebtedness for the transaction involved;(g)the person presenting the check or ACH Debit has no claim,defense,right of offset,or dispute against ORGANIZATION in connection with the purchase of the goods or services and ORGANIZATION will provide adequate services to the person presenting the check or ACH Debit and will honor all warranties applicable thereto;and(h)all of ORGANIZATION'S business locations engage in the business activity listed on the face of this Agreement. 11. CHARGEBACKS AND,RETURNS.Pays-EFT and third-patty batik partners will monitor ORGANIZATION for adherence to established maximum acceptable return rate thresholds as established by the Rules which are as follows:Overall return rate level of 15%or less,Administrative return(R02,R03,R04)rate level of 3%or less,and an Unauthorized return(R05, R07,R10,R29,or R51)rate level of 0.5%or less.ORGANIZATION shall bear all risk of loss,without warranty or recourse to Paya-EFT for the amount of any transaction,applicable fees, or other amounts due Paya-EFT(including Paya-EFT's actual costs and expenses)due to or caused by chargebacks and returns of any kind,whether for customer chargebacks,insufficient funds returns,administrative or corporate returns,or any other type of returns,except as set forth in this Agreement and the Paya-EFT POS GUARANTEE CONVERSION,ACH DEBIT GUARANTEE, Checks-By-Phone Guarantee,and Remote Deposit Capture(Check 21 Plus)with Guarantee Schedules below(provided that ORGANIZATION has purchased and Paya-EFT agreed to provide Guarantee services).Paya-EFT shall have the right to debit ORGANIZATION'S incoming transactions,designated account or any other funds of ORGANIZATION in Paya-EFT's direct or indirect control by reason of Paya-EFT's security interest granted to Paya-EFT by ORGANIZATION hereunder,and to chargeback such transactions to ORGANIZATION including,but not limited to any of the following situations:(a)where goods have been returned or service canceled by the person submitting the applicable check or ACH Debit for electronic processing or Remote Deposit Capture(Check 21 Plus)processing and that person has requested a credit draft and such credit draft was not processed by ORGANIZATION;(b)where the sales draft or purchaser breaches any representation,warranty or covenant or failed to meet the requirements o£this Agreement,or applicable law,or has not been authorized in advance by the authorization center as required hereunder;(c)where the transaction is for a type of goods or services sold other than as disclosed in the Application or approved in advance by Paya-EFT or the amount shown on the sales receipt or proof ofpurchase differs from the copy given to the customer;(d)where a customer contends or disputes in writing to Paya-EFT,or the customer's financial institution named on the check or ACH Debit that:(1)Goods or services were not received;or(2)Goods or services received do not conform to the description on the sales receipt or proof of purchase;or(3)Goods or services were defective or the customer has a claim,dispute or defense to payment related to the transaction;or(4) The dispute reflects a claim or defense authorized by a relevant statute or regulation,(e)where a check authorization document or recording,proof of purchase,or credit receipt was not received by Paya-EFT as required herein or is subject to indemnification charged back by the customer's financial institution;(f)where the transaction was generated through the use of an account that was not valid(As in,but not limited to,R03,RO4 return codes)or effective(As in,but not limited to,R02 return code)on the transaction date or which was made on an altered, fraudulent,or counterfeit check authorization document,recording,or ACH debit or of which ORGANIZATION had notice not to honor and failed to reject the transaction or if ORGANIZATION disregarded any denial of authorization;(g)where the check results in a R29 return(Unauthorized ACH entry to Corporate Account)and any collection efforts are not successful;(h)where no signature or electronic acceptance of the transaction appears on the sales check authorization document(as applicable)or proof of purchase(or the proof of purchase does not contain the information from the ACH Debit),where customer did not authorize via recorded oral authorization, or if ORGANIZATION failed to obtain specific authorization in advance from Paya-EFT to complete the transaction and/or a valid authorization number was not on the sales receipt or proof of purchase and/or the customer has certified in writing to Paya- EFT or his financial institution that no authorized user made or authorized the transaction;(i)where security procedures were not followed;6)where the customer's financial institution or Paya-EFT has information that ORGANIZATION fraud occurred at the time of the transaction(s),or the transaction is not a sale by ORGANIZATION whether or not such transaction(s)was authorized by the customer;(k)in any other situation where the check authorization or proof of purchase was executed or a credit was given to ORGANIZATION in circumstances constituting a breach of any representation or warranty of ORGANIZATION or in violation of applicable law or where ORGANIZATION has not provided documents or resolved a customer dispute whether or not a transaction is charged back;(1)an Entry was charged back and represented whether or not the customer knows or consents to this representment.If,with respect to any one of ORGANIZATION'S outlets,the amount of or number of any counterfeit or fraud incidents becomes excessive,in the sole determination of Paya-EFT;(m)ORGANIZATION does not provide Paya-EFT with a copy of the signed authorization receipt or recorded oral authorization within forty-eight(48)hours from the time of Paya-EFT'a request.ORGANIZATION may be charged back for all transactions,this Agreement may be terminated immediately without notice,and ORGANIZATION'S funds,including but not limited to those in incoming transactions and in ORGANIZATION'S designated account,shall be held pursuant to the provisions herein.Paya-EFT shall retain any discount or fee related to a chargeback transaction. Additionally,Paya-EFT shall have the same rights to debit ORGANIZATION's account for transactions returned or not honored for any reason,including but not limited to insufficient funds,administrative or corporate returns,or any other kind of returned transaction.If ORGANIZATION has requested the Paya-EFT GUARANTEE service,and Paya-EFT has accepted the application for Guarantee service,certain transactions are guaranteed,as listed in this Agreement,including the Paya-EFT POS GUARANTEE CONVERSION Remote Check Deposit(Check 21 Plus)with Guarantee,Checks-By-Phone Guarantee,or ACH DEBIT GUARANTEE Schedules below. 12. CHARGEBACK AND RETURNS RESERVE ACCOUNT.Notwithstanding any other language to the contrary contained in this Agreement,Paya-EFT reserves the right to establish,without notice to ORGANIZATION,and ORGANIZATION agrees to fund a non-interest bearing Chargeback and Return Reserve Account,or demand other security and/or to raise any discount fee or transaction fee hereunder,upon Paya-EFT's reasonable determination of the occurrence of any of the following:(a)ORGANIZATION engages in any processing of charges which create an overcharge to the customer by duplication of charges;(b)Failure by ORGANIZATION to fully disclose the true nature or percentage of its(i)actual or intended telephone and/or mail order business;and(ii)actual or expected losses due to insufficient funds transactions,fraud,theft or deceit on the part of its customers,or due to administrative chargebacks/retums,or chargebacks or rejections by customers;(c)Failure by ORGANIZATION to fully disclose the true nature of its business to Paya-EFT to permit a fully informed decision as to the suitability of ORGANIZATION for processing through Paya-EFT;(d)Failure by ORGANIZATION to fully disclose the true ownership of ORGANIZATION'S business entity or evidence of fraud;(e)Processing by ORGANIZATION of unauthorized charges or any other action which violates applicable risk management standards of Paya-EFT or is likely to cause loss;(f)Any misrepresentation made by ORGANIZATION in completion of the ORGANIZATION Application or breach of any other covenant,warranty,or representation contained in this Agreement or applicable law including a change of type of business without prior written approval by Paya-EFT;(g)ORGANIZATION has chargebacks or returns of any kind which exceed 1%of the total number of transactions completed or dollars processed for Checks-By-Web Services by ORGANIZATION in any thirty(30)calendar day period;(b)Excessive number of requests from customers or issuing banks for retrieval of documentation;(i)ORGANIZATION'S financial stability is in question or ORGANIZATION ceases doing business;or 6)Upon notice of or termination of this Agreement.After payment or adequate provision for payment is made by Paya-EFT,for all obligations on the part of ORGANIZATION to Paya-EFT under this Agreement,ORGANIZATION may request Paya-EFT to disburse to ORGANIZATION any funds remaining in the Chargeback and Return Reserve Account unless otherwise agreed to by Paya-EFT.Such fiords will not be disbursed to ORGANIZATION until the end of one hundred twenty(120)days after termination of this Agreement or ninety(90)days from the date of the last chargeback or return activity,whichever is later,unless Paya-EFT in its sole discretion has reason to believe that customer chargeback rights may be longer than such period of time or that loss is otherwise likely,in which event Paya-EFT will notify ORGANIZATION of such fact and Paya-EFT will set the date when funds shall be released.No monies held in the Chargeback and Return Reserve Account shall bear interest.Provisions applicable to the designated account are also applicable to this account. 13. Q 1LLECTION$,ORGANIZATION acknowledges and agrees that when collection services are required,Paya-EFT may utilize an appropriately licensed third party to perform such collection services.ORGANIZATION further authorizes Paya-EFT to continue collection efforts for ORGANIZATION.If collections are unsuccessful after sixty(60)days,Paya-EFT shall discontinue collections and be absolved of all responsibility. 14. PAYA-EFT POS GUARANTEE CONVERSION.CHECKS-BY-PHONE GUARANTEE.REMOTE CHECK DEPOSIT gCHECK 21 Plus 7„AND ACH DEBIT GUARANTEE.The Paya- EFT POS GUARANTEE CONVERSION,Remote Check Deposit(Check 21 Plus)with Guarantee,Checks-By-Phone Guarantee,and ACH Debit Guarantee provisions are operational only if ORGANIZATION has marked the applicable Paya-EFT POS GUARANTEE CONVERSION,Checks-By-Phone Guarantee,Check 21 Plus with Guarantee,or ACH Debit Guarantee box on the application form of the Agreement.ORGANIZATION must utilize the Paya-EFT Virtual Terminal to qualify for the ACH Debit Guarantee coverage and the Paya-EFT Checks-By-Phone Gateway to qualify for Guarantee coverage.The ACH Debit Guarantee coverage is only available for Single ACH Debit services and are not offered for Recurring ACH Debit services. If so marked,ORGANIZATION wishes Paya-EFT to provide a guarantee for reimbursement of losses sustained by ORGANIZATION in accepting checks or Single ACH Debits for electronic or Remote Check Deposit(Check 21 Plus)processing.hr addition to the provisions previously set forth and notwithstanding any provisions to the contrary,Paya-EFT has established a per account Guarantee Limit,as per the Schedule,based on a percentage of the face amount of any and all checks(and a local access[Transaction fee]fee)as set forth in the pricing section of the agreement)presented at ORGANIZATION's place of business or at other locations which are listed in any attachments to this Agreement,subject to the terms and conditions set forth in this Agreement.Paya-EFT shall reimburse ORGANIZATION per Schedule,up to the Guarantee Limit,as measured from the date of verification of non-payment,subject to ORGANIZATION's compliance with all of the terns and conditions contained in this Agreement or any of Paya-EFT's other published instructions.Paya-EFT shall have the right to adjust ORGANIZATION'S rate including Paya-EFT POS Guarantee Conversion,Remote Check Deposit(Check 21 Plus)with Guarantee,Checks-By-Phone Guarantee,and ACH Debit Guarantee rate based upon its sole determination.Organization must utilize the Virtual Terminal to qualify for ACH Debit Guarantee service and the Paya-EFT Checks-By-Phone Gateway to qualify for Checks-By-Phone Guarantee service.Each month ORGANIZATION shall have access to an itemized summary of applicable electronic check,Checks-By-Phone,Remote Check Deposit(Check 21 Plus)check, and ACH Debit deposits.Paya-EFT shall process up to the check limit established for ORGANIZATION,but will not be responsible for reimbursement of checks exceeding the ORGANIZATION's approved guarantee limit.The following transaction types are not included in the Paya-EFT POS GUARANTEE CONVERSION,Remote Check Deposit(Check 21 Plus)with Guarantee,Checks-By-Phone Guarantee,or ACH Debt Guarantee service,and Paya-EFT assumes no liability for and will provide no reimbursement for transactions as follows: Incorrect MICR data reads,unable to locate account or invalid account number returns,(R29)Unauthorized Corporate returns,customer chargebacks or customer revocations of any transaction.Organization agrees to provide any additional information to Pays-EFT on occasion as needed to assist in collection efforts.Guarantee reimbursement shall only serve to cover ORGANIZATION losses due to,NSF returns,and Insufficient Funds returns up to the per account guarantee limit placed in the approval section of the contract 15. ORGANIZATION PAYMENT OBLIGATIONS&CONSUMER CONVENIENCE FEES. Organization shall pay Paya-EFT the fees and charges for the Services rendered hereunder in accordance with the Fees and Charges as set forth in the Application.ORGANIZATION must promptly notify Paya-EFT in writing of any dispute regarding fees under this Agreement. Page 2 of 10 Page 537 of 919 ORGANIZATION'S written notice must include:(i)ORGANIZATION name and account number;and(ii)the dollar amount and description ofthe disputed fees.Such written notice must be received by Paya-EFT no later than ninety(90)days after the disputed fees have been paid by ORGANIZATION or charged to ORGANIZATION'S account by Paya-EFT. ORGANIZATION'S failure to so notify Paya-EFT will waive and bar the dispute.If applicable,for the purpose of billing a Mobile Image shall consist ofthe front-and-back of a check;any other image capture shall be billed as a separate image regardless of whether or not multiple images are of a single document.ORGANIZATION acknowledges that this Agreement may also contemplate a Consumer Convenience Fee Option and ORGANIZATION wishes to participate in the Consumer Convenience Fee Option in which Paya-EFT shall collect a Convenience Fee from the consumer.Organization shall be solely responsible for informing its customers of such convenience fee charges and to obtain customer's authorization,by signature or similarly authenticated,to debit the convenience fee from customer's bank account via ACH debit.Organization's customer authorization process should take into consideration whether the convenience fee is or is not included in the face amount of the check and for obtaining proper authorization so that the total amount to be deducted(both the sale amount and the fee)are properly authorized by the customer.Organization hereby confirms that Convenience fees are acceptable to be added under all applicable laws. 16. ASSIGNMENT OF.4'HECKS AND At,H DEBTTS.As of the date of this Agreement and by subscribing to Paya-EFT services,ORGANIZATION shall be deemed to have assigned to Paya- EFT,without recourse,all of ORGANIZATION'S right,title and interest in any and all ACH Debits return fees and checks,including any rights to treble or punitive damages permitted under applicable law.ORGANIZATION shall execute and deliver endorsements,instruments,and papers and shall do whatever is necessary under the laws of any applicable jurisdictions to secure and defend Paya-EFT's rights and shall do nothing to prejudice those rights.ORGANIZATION shall cooperate with Paya-EFT in pursuing Paya-EFT's rights,including suing or prosecution ofthe customer under all applicable laws. 17. COMPLIANCE AND DISCLOSURE OF INFORMATION.ORGANIZATION agrees to comply with all applicable state or federal laws,Hiles and regulations affecting the use of checks, drafts and ACH transactions,including but not limited to rules and procedural guidelines established by the Federal Trade Commission("FTC")and Regulation E.(Reg.E). ORGANIZATION is solely responsible for any and all losses incurred by ORGANIZATION or Paya-EFT in the event ORGANIZATION initiates any transaction prohibited by Regulation E Rules or other rules or laws ofthe United States of America("USA")or in breach of this Agreement.ORGANIZATION shall provide such information and certifications as Paya-EFT may reasonably require from time to time to determine ORGANIZATION'S compliance with the terms and conditions of this Agreement and applicable law.ORGANIZATION further agrees to produce and make available for inspection by Paya-EFT or its officers,agents,attorneys,accountants,or representatives,such books and records of ORGANIZATION as Paya-EFT may deem reasonably necessary to be adequately informed ofthe business and financial condition of ORGANIZATION,or the ability of ORGANIZATION to observe or perform its obligations to Paya-EFT pursuant to this Agreement.ORGANIZATION further agrees to provide to Paya-EFT from time to time such information including,but not limited to,credit reports,personal and/or business financial statements,income tax returns,or other such information as Paya-EFT may request.ORGANIZATION grants to Paya-EFT continuing authority to conduct credit checks and background investigations and inquiries concerning ORGANIZATION and ORGANIZATION'S owner(s)including,but not limited to,character and business references and the financial condition of ORGANIZATION and ORGANIZATION'S owner(s).ORGANIZATION expressly authorizes Paya-EFT or its agents,attorneys,accountants,and representatives to provide and receive such information from any and all third parties directly,without further consent or authorization on the part of ORGANIZATION.Paya-EFT may share with others its credit,sales and other information.ORGANIZATION will not transfer,sell,or merge or liquidate its business or assets or otherwise transfer control of its business,change its ownership in any amount or respect,engage in any joint venture partnership or similar business arrangement,change its basic nature or method of business,types of products sold or engage in sales by phone or mail order without providing notice to Paya-EFT and provide Paya-EFT with the opportunity to terminate this Agreement. 18, COMPLIANCE WITH THE RULES AND APPLICABLE LAW.ORGANIZATION's rights and obligations with respect to any Entry are governed by the NACHA Rules("the Rules"),this Agreement and applicable law.The Organization agrees to comply with and be bound by"the Rules".ORGANIZATION agrees to comply with applicable state and federal law or regulation and Organization warrants that it will not transmit any Entry that violates the laws ofthe United States,including,without limitation,regulations ofthe Office of Foreign Asset Control (OFAC). 19. DATA RETENTION.ORGANIZATION shall retain all records related to authorization,including all sales and credit receipts and authorizations for a period of no less than two years following the date ofthe transaction,or two years from authorization revocation if applicable.According to Paya-EFT'S current Paya-EFT policies,ORGANIZATION shall,as applicable, stamp or mark"ACH processed"and hand the check back to the check writer and retain for a period of 2 years all ACH Debits received from customers.If check is handed back to check writer,ACH authorization form is handed back to consumer,or recorded oral authorization is lost then ORGANIZATION acknowledges that Paya-EFT will not be able to provide any check collection services beyond the third electronic presentment ofthe check.Failure to provide the signed authorization receipt,form,or recorded oral authorization to Paya-EFT will result in cessation of collection efforts,and Paya-EFT will be entitled to immediately debit ORGANIZATION'S account for any previously processed and returned transactions. 20. ADDITIONAL ORGANIZATION REPRESENTATIONS.ORGANIZATION agrees to permit Paya-EFT to audit ORGANIZATION upon reasonable notice.ORGANIZATION agrees that any outstanding amoumt(s)owed to Paya-EFT shall be subject to a 1.5%finance charge monthly.Any outstanding sums will be sent to an outside collection agency and charged the maximum amount of civil,legal,and collection fees/charges as is allowed by law.ORGANIZATION will not disclose and will keep confidential the terms and conditions ofthis Agreement. 21. ADDITIONAL PAYA-EFT RESPONSIBILITIES.Paya-EFT will accept,as applicable,entries via check reader hardware,ORGANIZATION's payment gateway,double sided check images from a Paya-EFT approved check imager/software vehicle,ACH Debit software,and Cbecks-By-Phone Gateway on a 24-hour per day basis.Paya-EFT is only responsible for processing entries that have arrived at its premises in a proper format and on a timely basis.Paya-EFT will use information provided by ORGANIZATION to originate its entries in the applicable Remote Check Deposit(Check 21 Plus)network or ACH.ORGANIZATION understands and agrees that Paya-EFT may reject ORGANIZATION's entries for any reason permitted in this Agreement and/or if acceptance of such entry would cause Paya-EFT to potentially violate any federal,state or local law,Wile statute,or regulation,including without limitation any Federal Reserve or other regulatory risk control program.At ORGANIZATION's written request,Paya-EFT will make reasonable efforts to reverse or delete an entry,but will under no circumstance be liable for the failure to comply with such request. 22. LIMITATION OF LIABILITY AND ORGANIZATION'S WAIVER OF DAMAGES.Paya-EFT shall be responsible for performance ofthe ACH and Remote Check Deposit(Check 21 Plus)services as a third-party provider in accordance with the terms of this Agreement.Paya-EFT shall not be responsible for any other person's or entity's errors,acts,omissions,failures to act,negligence or intentional conduct,including without limitation entities such as Paya-EFT's communication carrier or clearing houses,and no such entity shall be deemed to be a representative or an agent of Paya-EFT.IN NO EVENT SHALL PAYA-EFT BE LIABLE TO ORGANIZATION FOR ANY CONSEQUENTIAL,INCIDENTAL,PUNITIVE OR SPECIAL DAMAGES WHICH ORGANIZATION OR ITS CUSTOMERS,AFFILIATES,PARENT COMPANIES,ASSOCIATES,AGENTS,OFFICERS,DIRECTORS OR EMPLOYEES MAY INCUR OR SUFFER IN CONNECTION WITH THIS AGREEMENT,INCLUDING LOSS OR DAMAGE FROM SUBSEQUENT WRONGFUL DISHONOR RESULTING FROM PAYA-EFT'S ACTS OR OMISSIONS PURSUANT TO THIS AGREEMENT.PAYA-EFT'S LIMIT OF LIABILITY TO ORGANIZATION OR ANY THIRD PARTY FOR ANY CAUSE OF ACTION WHATSOEVER IS limited to the proportionate extent of Organization's negligence or other breach of duty,and limited by the fees that Paya-EFT has received for the prior three(3)months from Organization. 23. FORCE MAJEURE.Paya-EFT shall not be responsible for delays,nonperformance,damages,lost profits or other losses caused directly or indirectly by any Act of God,including,without limitation,fires,earthquakes,tornadoes,hurricanes,wars,labor disputes,communication failures,legal constraints,power outages,data transmission loss or failure,incorrect data transmission or any other event outside the direct control of Paya-EFT. 24. CONFIDENTIALITY.Each party acknowledges that all other materials and information disclosed to the other party("Recipient")in connection with the performance of this Agreement, including any trade secret,process,technique,algorithm,computer program(source and object code),design,drawing,formula,business plan or test data relating to any research project, work in process,future development,engineering,marketing,servicing,financing,strategic partnership or personnel matter consist of confidential and proprietary data.Each Recipient will hold those materials and that information in strict confidence,and will restrict its use of those materials and that information to the purposes anticipated in this Agreement.If the law or legal process requires Recipient to disclose confidential and proprietary data,Recipient will notify the disclosing party ofthe request.Thereafter the disclosing party may seek a protective order or waive the confidentiality requirements of this Agreement,provided that Recipient may only disclose the minimum amount of information necessary to comply with the requirement.Recipient will not be obligated to hold confidential any information from the disclosing party which(a)is or becomes publicly known through no act or omission ofthe Recipient,(b)is received from any person or entity who,to the best of Recipient's knowledge,or Recipient's reason to know,has no duty of confidentiality to the disclosing party,(c)was already known to Recipient prior to the disclosure,and that knowledge was evidenced in writing prior to the date ofthe other party's disclosure,or(d)is developed by the Recipient without using any ofthe disclosing party's information.ORGANIZATION further warrants and agrees that it shall not sell,purchase,provide,or exchange checking account information in the form of sales drafts,mailing lists,tapes, or any other media obtained by reason of a transaction or otherwise,to any third party other than to Paya-EFT,ORGANIZATION'S agents approved by Paya-EFT for the purpose of assisting ORGANIZATION in its business to Paya-EFT,the financial institution named on the check,or pursuant to lawfiil government demand without the account holder's explicit written consent. All media containing checking account numbers must be stored in an area limited to selected personnel until discarding and must be destroyed prior to or in connection with discarding in a manner that will render the data unreadable.ORGANIZATION will not disclose and will keep confidential the terms and conditions of this Agreement. 25. INDEMNIFICATION.ORGANIZATION agrees to indemnify Paya-EFT for any cost,expense,and damage,lost profit and/or attorneys'fees in connection with(i)any breach of its obligations or representations in this Agreement;(ii)a dispute between ORGANIZATION and a consumer regarding the action or inaction of ORGANIZATION;(iii)any dispute between ORGANIZATION and an ORGANIZATION Customer with respect to the alleged or actual failure by ORGANIZATION to process a transaction as requested by such customer or to ORGANIZATION's failure to provide data security,and(iv)ORGANIZATION's failure to comply with any ofthe provisions of this Agreement and applicable laws,Rules and/or regulations. As set forth in Section 22,in no event shall Paya-EFT's liability to ORGANIZATION for any matter exceed the total amount of three(3)months of fees paid by ORGANIZATION under this Agreement. 26. **INTENTIONALLY DELETED** 27. IRS REPORTING AND WITHHOLDINGS.Section 605OW ofthe Internal Revenue Code("Code")requires payment providers and third party payment networks,such as Paya-EFT,to report payment settlement amounts to the Internal Revenue Service("IRS")for each organization processing through Paya-EFT.Organization shall verify its identity by providing Paya-EFT with a Tax Identification Number("TIN")such as a Social Security Number(SSN)or Employer Identification Number(EIN)for each Organization Account.In the event Organization fails Page 3 of 10 Page 538 of 919 to provide its TIN,Paya-EFT will place a restriction on Organization's Account and may restrict the receipt of funds into Organization's Account,or withhold a percentage ofpayments deposited into Organization's Account in order to satisfy the backup withholding requirements of the IRS. 28. NON-WAIVER.Neither the failure nor any delay on the part of Paya-EFT to exercise any right,remedy,power or privilege hereunder shall operate as a waiver thereof or give rise to an estoppel nor be construed as an agreement to modify the terms of this Agreement,nor shall any single or partial exercise of any right,remedy,power or privilege with respect to any occurrence be construed as a waiver of such right,remedy,power or privilege with respect to any other occurrence.No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver,and then such waiver shall apply only to the extent specifically stated in such writing. 29. ASSIGNMENT.ORGANIZATION may not assign or transfer any rights under this Agreement unless and until it receives the prior written approval of Paya-EFT.Paya-EFT may freely assign this Agreement,its rights,benefits and duties hereunder. 30. TERMINATION.This Agreement shall continue indefinitely unless and until terminated by either party.ORGANIZATION may terminate this Agreement after three(3)year and thereafter upon sixty(60)days written notice to Paya-EFT of termination and monthly minimum and subscription fees will continue in effect for this time.Paya-EFT shall have the right to suspend or terminate this Agreement immediately and without notice to ORGANIZATION. 31. COUNTERPARTS.This Agreement may be executed in one or more counterparts,each of which shall be deemed to be an original,such counterparts to constitute but one and the same instrument. 32. SCHEDULE OF FEES.Attached to this Agreement and incorporated herein by reference is a Schedule of Fees,which contains the,as applicable,Discount Fee,Transaction Fees,Return Fee per returned item,Minimum Monthly Discount Fee,Subscription Fee,Batch Out Fee,Monthly Check 21 Access Fee,Termination Fee and other terms and conditions in effect on the commencement date of this Agreement.Paya-EFT reserves the right at all times to unilaterally change all or part thereof,or any other terms of this Agreement upon written notice to ORGANIZATION. 33. **1 TENTIONALLY DELETED** 34. ENTIRE AGREEMENT.Thus Agreement,including the attached Schedules,together with the Account Agreement,is the complete and exclusive statement ofthe agreement between Pays- EFT and the ORGANIZATION with respect to the subject matter hereof and supersedes any prior agreement(s)between Paya-EFT and the ORGANIZATION with respect to the subject matter.In the event of any inconsistency between the terms of this Agreement and the Account Agreement,the terms of this Agreement shall govern.In the event the performance ofthe services provided herein in accordance with the terms of this Agreement would result in a violation of any present or future statute,regulation or government policy to which Paya-EFT,the Originating Depository Financial Institution(ODFI)or ORGANIZATION is subject,and which governs or affects transactions contemplated by this Agreement,then this Agreement shall be deemed amended to the extent necessary to comply with such statute,regulation or policy and Paya-EFT,the ODFI and ORGANIZATION shall incur no liability as a result of such changes except as provided in the following paragraph. 35. AMENDMENTS.As stated in paragraph 34,Paya-EFT,the ODFI or ORGANIZATION may amend operations or processing procedures in order to conform to and comply with any changes in the Rules or applicable Federal or State Regulations.The changes would be,without limitation,those relating to any cut-off time and the close of any business day.Such amendments to operations or procedures shall become effective upon receipt of written notice to the other party,as provided for herein,or upon such date as may be provided in the Rules or applicable law or regulation referenced in the written notice,whichever is earlier in time.Use ofthe ACH or Remote Check Deposit(Check 21 Plus)services after any such changes shall constitute acceptance ofthe changes by the parties.Further,Paya-EFT may,from time to time,amend any provision of this Agreement,including,without limitation,those relating to the fees and charges payable by ORGANIZATION by mailing written notice to ORGANIZATION ofthe amendment,and the amendment shall become effective unless Paya-EFT receives ORGANIZATION's notice of termination of this Agreement within 7 days.Amendments due to changes in the Rules or any law or judicial decision may become effective on such shorter period of time as Paya-EFT may specify if necessary to comply with the applicable Rule,law or decision.No other amendments or modifications to this Agreement will be effective unless such changes are reduced to writing and are signed by the duly authorized party or parties to this Agreement and such Amendments are incorporated into and made a part of this document. 36. BINDING AGREEMENT:BENEFIT This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives,successors and assigns. Thetis Agreement is not for the benefit of any other person or entity and no other person or entity shall have any right against Paya-EFT. 37. ATTORNEYS'FEES.In the event that it becomes necessary for Paya-EFT to employ an attorney to enforce,interpret,mediate or arbitrate this Agreement,or collect a debt from ORGANIZATION,Paya-EFT shall be entitled to recover its reasonable attorneys'fees,costs,and disbursements related to such dispute from ORGANIZATION. 38. CHOICE OF LAW,VENUE&JURISDICTION.Notwithstanding any language to the contrary,all issues related to the electronic processing of checks and ACH Debits under the terms of this Agreement shall be determined in accordance with the NACHA Rules,Federal Trude Commission and Regulation E Rules,and laws of the United States of America and the State of Delaware as it applies to contracts.In the event of a conflict between the Rules and applicable local,state or federal law,the Rules shall prevail unless otherwise prohibited by law.To the extent that an issue arises which is not covered by the Rules,this Agreement shall be governed by and construed in accordance with Delaware law and it is expressly agreed that venue and jurisdiction for all such matters shall lie exclusively in Dover,Delaware.ORGANIZATION acknowledges that this Agreement was formed in Delaware,upon its acceptance by Paya-EFT. 39. SEVERABILITY.If any provision ofthe Agreement is held to be illegal,invalid,or unenforceable,in whole or in part,by court decision,statute,or rule(or otherwise would go in if you wanted to include arbitration)such holding shall not affect any other provisions of this Agreement.All other provisions or parts thereof shall remain in full force and effect and this Agreement shall,in such circumstances,be deemed modified to the extent necessary to render enforceable the provision hereof. 40. HEADINGS.The headings in this Agreement are used for referenced purposes only.They shall not be deemed as part ofthis Agreement and shall not affect its interpretation. 41. EFFECTIVE DATE.This Agreement shall be effective only upon acceptance by Paya-EFT. 42. IN- 'WHEREOF the parties hereto have caused this Agreement to be executed by their duly authorized officers. Page 4 of 10 Page 539 of 919 ACH Debit/Credit Schedule With respect to ACH Debit,the Agreement and this Schedule are only applicable to processing Virtual Terminal or ACH file based transactions utilizing the end-customer's Checking account data.Paya-EFT's product and associated software specifically designed for such transactions will be utilized by ORGANIZATION,and such software will either be hosted and maintained by Paya-EFT on Paya-EFT equipment,or alternatively,provided directly to ORGANIZATION for installation on ORGANIZATION equipment.In all cases where Pays- EFT hosts the software for ORGANIZATION,the various terms and conditions referenced below regarding disclosure,transaction and processing requirements,and all other requirements imposed by either regulatory agency,law,Paya-EFT,or otherwise shall have full force and effect,however,in instances where the Paya-EFT hosted software already complies with ORGANIZATION requirements,the ORGANIZATION shall be relieved of certain of these responsibilities.ORGANIZATION agrees not to change,modify,or alter such software or product in any way.Upon ORGANIZATION'S request and Paya-EFT's approval,ACH Debit/Credit guarantee services(hereinafter referred to as"Guarantee"service) will also be provided pursuant to provisions below.If ORGANIZATION has not requested Guarantee service,or if Paya-EFT has not accepted the Application for Guarantee service, Paya-EFT will not be liable in any way for any returned ACH Debits/Credits of ORGANIZATION or its customers,for any reason. 1. ACH DEBIT_PROCESSING.Paya-EFT shall not be responsible for the payment of any ACH Debits/Credits of ORGANIZATION that Paya-EFT has not received for processing from ORGANIZATION within twenty-four hours of the initial transaction date of said ACH Debit(s).ORGANIZATION shall be required to submit all documentation related to the transactions to Paya-EFT at Paya-EFT's request.ORGANIZATION shall make its books and records available to Paya-EFT. 2. RE014REMENTS FOR PROCESSING ACH DEBITS.ORGANIZATION shall comply with the following conditions when processing ACH Debits/Credits and agrees to complete all transactions in accordance with the provisions of this Agreement and such rules of operation as may be established by Paya-EFT from time to time.ORGANIZATION shall accept only the following ACH Debits/Credits as source documents to initiate ACH debit entries through Paya-EFT;(a)All demand deposit account ACH Debits/Credits must be drawn on or payable through a federally insured depository financial institution;be based on checking accounts where checks were issued with machine-readable with the bank routing number, account number and check serial number printed on the check,and be for an amount less the check limit assigned by Paya-EFT.(b)Customer shall authorize by signature written agreement containing ACH Debit/Credit amount and day of month to be debited from customer's account.(c)All items,goods and services purchased in a single transaction shall be included in the total amount on a form of proof of purchase;(d)To be eligible for guarantee coverage,if guarantee service was selected by ORGANIZATION and approved by Paya- EFT,ORGANIZATION shall have customer provided on the signed written payment agreement sufficient information to verify and locate customer,including address,telephone number,driver's license number,and last four digits of customer's social security number or year ofbirth.(e)Once Paya-EFT authorizes the transaction,ORGANIZATION shall ensure that the proof of purchase contains the following correct information:(a)the customer's bank routing and account number from the MICR data;(b)ORGANIZATION's correct name and business address;(c)the date of the transaction;(d)the total cash price of the sale(including all applicable state,federal or local surcharges and taxes.(e)After customer electronically accepts the receipt,ORGANIZATION shall deliver to the person presenting the ACH Debit/Credit a true and completed copy of the proof of purchase with the goods and services purchased and provide the consumer with a phone number for inquiries and method by which customer's authorization may be revoked;(f)ORGANIZATION's failure to input the correct routing number or account number into the Virtual Terminal will result in ORGANIZATION's loss of guarantee for the ACH Debit.(g)No ACH Debit/Credit may be altered after Paya-EFT authorizes acceptance of the ACH Debit.ORGANIZATION may not resubmit an electronic check or ACH Debit/Credit electronically or deposit it by any means once Paya-EFT authorizes a transaction.Failure to comply with the above requirements will,in addition to other penalties(such as but not limited to loss ofguarantee on all ACH Debits/Credits),subject ORGANIZATION to chargebacks and may be grounds for immediate suspension/termination of services and indemnification of Paya-EFT by ORGANIZATION pursuant to this Agreement.YOU UNDERSTAND THAT IT IS A FEDERAL VIOLATION TO PROCESS DEBIT REQUESTS AGAINST A CONSUMER BANK ACCOUNT WITHOUT THE CUSTOMERS EXPRESSED AUTHORITY.YOU HEREBY ACKNOWLEDGE RECEIPT OF PROPER NOTICE THAT THE USE OF ANY COUNTERFEIT,FICTITIOUS,LOST,STOLEN,OR FRAUDULENTLY OBTAINED DEBIT INSTRUMENT OR DEVICE TO UNLAWFULLY INITIATE A DEBIT TRANSACTION IS PUNISHABLE BY A MAXU%4UM OF$10,000.00 FINE PER INSTANCE UP TO A$500,000 MONTHLY FINE,IMPRISONMENT FOR A TERM OF TEN YEARS,OR BOTH. 3. CUSTOMER's.AUTHORIZATION INITIATES DEBIT ENTRY.ORGANIZATION acknowledges that the customer's authorization allows ORGANIZATION to instruct Paya-EFT to initiate an ACH DEBIT ENTRY("ENTRY")for ORGANIZATION against customer.It further permits Paya-EFT to reinitiate an ENTRY where the original ENTRY is returned.If an ACH Debit/Credit is returned unpaid after each re-presentment,Paya-EFT shall be entitled to debit the ORGANIZATION'S account for the amount of the ACH Debit. 4. RESTRICTIONS ON ACCEPTANCE OF ACH DEBITS FOR ELECTRONIC_PROCESSING.From time to time,Paya-EFT shall establish necessary security and identification procedures for presentment of checks or debits for electronic processing pursuant to the Rules and applicable law.ORGANIZATION agrees to comply with such procedures and to accept such"properly presented"checks or debits for electronic processing.Paya-EFT shall establish minimum and maximum amount limitations on ACH Debits/Credits presented for electronic processing by ORGANIZATION.ORGANIZATION shall not accept or attempt to process ACH Debits/Credits below the minimum or in excess of the maximum limitations established by Paya-EFT.In no event will Paya-EFT accept an ACH Debit/Credit greater than$5000 for processing without prior written authorization by Paya-EFT.Paya-EFT shall also establish the number of ACH Debits/Credits that may be submitted on a daily basis by any customer for electronic processing.ORGANIZATION agrees to provide Paya-EFT with any and all information needed to establish such limitations.ORGANIZATION further agrees to inform Paya-EFT immediately of any changes in business activities,rules or regulations,which may affect these limitations.ORGANIZATION further agrees to abide by these limitations as a condition to Paya-EFT electronically processing any ACH Debit.For an ACH Debit/Credit transaction to be valid,customer must initiate the transaction and complete the ACH Debit/Credit Payment Agreement. 5. UNACCEPTABLE TRANSACTIONS.In addition to the restrictions set out above and in any event,the following transactions are unacceptable for electronic processing. ORGANIZATION agrees not to submit any of the following transactions to Paya-EFT for electronic processing;(a)ORGANIZATION shall not electronically process any ACH Debit/Credit drawn on any depository institution that is not federally insured or part of the ACH network,(b)ORGANIZATION shall not electronically process any ACH Debit/Credit drawn on the personal checking account of ORGANIZATION or any of its agents or employees,(c)ORGANIZATION shall not accept any third party items for electronic processing or ACH Debit/Credit made payable where the purpose is for the customer to receive cash or cash back,(d)ORGANIZATION shall not submit for processing any transaction representing the financing of an existing obligation whether previously owed to ORGANIZATION,arising from the dishonor of an ACH Debit,electronic check or arising from a credit card,debit card or smart card dispute with the ORGANIZATION,(e)ORGANIZATION shall not submit a transaction for processing which represents an attempt to collect a chargeback,(f)ORGANIZATION shall not submit an ACH Debit/Credit written for goods or services that are not concurrently provided to the customer,including any ACH DebidCredit given for gift certificate,a layaway(except for the final payment)or for a similar transaction,or for goods or services provided to a third party,(g)ORGANIZATION shall not submit an ACH DebidCredit which is altered by the Organization in any way(h)ORGANIZATION shall not knowingly submit an ACH Debit/Credit on an account on which Paya- EFT previously denied authorization.ORGANIZATION's submission of any of the above transactions for electronic processing may subject the ORGANIZATION to immediate suspension or termination and all funds of ORGANIZATION,including those in ORGANIZATION'S account,may be placed on hold. 6. SOFTWARE.ORGANIZATION shall utilize ACH Debit/Credit software provided by Paya-EFT for processing all ACH Debit/Credit transactions.(a)ORGANIZATION is responsible for all telecommunication fees and charges,including but not limited to telephone fees,associated with and related to the use of the software.(b)ORGANIZATION shall maintain all equipment necessarily related to ACH Debit/Credit processing,including necessary file servers,computer and telecommunications equipment in good working order at ORGANIZATION's sole expense.(c)ORGANIZATION shall advise Paya-EFT immediately in the event of breakdown of related equipment,ACH Debit/Credit software problems or of any other system failure.(d)ORGANIZATION acknowledges that Paya-EFT is not responsible for any related computer and telecommunications equipment used by the Organization.In this regard,Paya-EFT shall not be responsible for any unauthorized tampering or altering to equipment and software specifically installed by Paya-EFT on the part the Organization or Organization's agent.Additionally,Paya-EFT's approval of such equipment does not constitute an express or implied warranty,representation or endorsement of such equipment. 7. VIRTUAL TERMINAL.The Paya-EFT Virtual Terminal requires a Windows Operating System.Organization is responsible for all telecommunication fees and charges,including but not limited to telephone fees associated with and related to the use of the Paya-EFT Virtual Terminal Software. 8. DAILY SETTLEMENT OF TRANSACTIONS.ORGANIZATION agrees that a batchfile shall consist of all transactions submitted by 12:00 P.M.(CST)each calendar day. Organization acknowledges that it is customary for Paya-EFT to hold in reserve from Organization an amount equal to three times the daily average of retums.Paya-EFT reserves the right to hold additional monies as necessary to reduce any risk associated with daily processing of ACH Debits/Credits.Paya-EFT also reserves the right to move monies into an account of its choosing to hold it against returns to those monies and providing to the organization a net deposit after a period of time acceptable to Paya-EFT.ORGANIZATION acknowledges that failure to submit batchfiles for processing will delay funds being deposited.If so requested by Paya-EFT,the signed Recurring or One-Time Debit/Credit Payment Plan Authorization Form must be sent out and received at Paya-EFT's designated location within 48 hours from the request date.Failure to do so will remove Paya-EFT's obligations under the Guarantee program for such ACH Debits/Credits at Paya-EFTS sole discretion. 9. AUTHORIZATION RETRIEVAL R&_�UESTS;Whereby a financial institution,regulatory or law enforcement agency,or similar authority has demanded from Paya-EFT proof of valid consumer authorization,in accordance with NACHA Rules,ORGANIZATION shall provide said proof of authorization to Paya-EFT within(2)business days.In the event that ORGANIZATION cannot provide the appropriate consumer authorization,and Paya-EFT suffers a penalty enforced by NACHA,Paya-EFT shall have the right to offset such penalty and charge ORGANIZATION a minimum of$1000 per instance and up to a$100,000 per month until the problem is resolved. 10. ADDITIONAL ORGANIZATION WARRANTIES.With each transaction presented to Paya-EFT by ORGANIZATION for authorization,ORGANIZATION specifically warrants and Page 5 of 10 Page 540 of 919 represents that:(a)ORGANIZATION,nor any of its employees have submitted ACH Debits/Credits drawn from their personal ACH Debiting accounts on the ORGANIZATION's ACH Dcbit/Credit software;(b)ORGANIZATION uses only the name and address shown on the front of the Agreement on all its sales drafts;(c)ORGANIZATION has not submitted duplicates of any transaction;(d)ORGANIZATION warrants that ACH Debit/Credit banking information on the printed receipt is correct;and(e)no transaction submitted for authorization to Paya-EFT is with or through an entity other than ORGANIZATION. 11. ACH DEBITS FOR WHICH ORGANIZATION WILL NOT BE FUNDED_ON UNDER ACH DEBIT GUARANTEE.In addition to the provisions set forth in this Agreement and notwithstanding any other provisions to the contrary,Paya-EFT shall have no obligation to reimburse Organization for ACH Debits/Credits that are:(a)Not honored by the customer's financial institution because of the customer's instructions to"stop payment"on the ACH Debit;(b)Fraudulent,whether ORGANIZATION,its employees or agents are involved, either as principal or as an accessory,in the issuance;(c)Accepted by organization or its employees with advance knowledge of the likelihood of its being dishonored even though authorized by Paya-EFT;(d)Lost,stolen,altered or counterfeit,and Paya-EFT has reason to believe that ORGANIZATION failed to use reasonable care in verifying the customer's identity;(e)Given as a substitute for a previously accepted ACH Debit/Credit or ACH Debit,whether or not the previous Electronic check or ACH Debit/Credit was authorized by Company or,any ACH Debit/Credit upon which Organization has accepted full or partial payment;(f)One of multiple electronic checks or ACH Debits/Credits presented to Organization in a single transaction for electronic processing;(g)For goods,if the goods are subsequently returned by customer or repossessed by organization or lien holder,within 65 days of date of purchase;(h)Not honored by the customer's financial institution because of the failure of the closing of,or government-imposed restrictions on withdrawals from the financial institution;(i)ACH Debits/Credits for which Organization returns cash back to the customer,unless Organization is approved in writing by Paya-EFT for such cash-back transactions;0)ACH Debits/Credits for which Paya-EFT previously denied authorization;(k)ACH Debits/Credits not in compliance with this agreement and not processed in accordance with the ACH Debit(Credit processing provisions of this Agreement.p)Incorrect Routing and Account Number data entry;(m)unable to locate account or invalid account number returns or unauthorized corporate account returns.In addition,before processing the ACH Debit/Credit and as a condition to honoring the ACH Debit,ORGANIZATION shall obtain sufficient personal information to locate the person presenting the ACH Debit/Credit including but not limited to a current home or business telephone number including area code,a current home address consisting of a street or rural route address,not a post office box,and the customer's valid,unexpired driver's license number or non-driver identification number together with the state of issuance,and the last four digits of customer's social security number or year of birth in YYYY format.ORGANIZATION shall ensure that this identifying information is legibly printed on the ACH Debit/Credit Payment Agreement form;(n)ACH Debit/Credit Payment Agreement form must contain a current phone number of customer;(o)ACH Debit/Credit Payment Agreement form must contain the customer's drivers license number;(p)Paya-EFT must receive the completed ACH Debit/Credit Payment Agreement form within 48 hours of Paya-EFT's request;(o)ORGANIZATION's failure to input into the Virtual Terminal the correct routing number and/or account number will result in ORGANIZATION's loss ofguarantee. Page 6 of 10 Page 541 of 919 Checks-By-Phone Schedule This Schedule is only applicable to processing telephone-initiated transactions utilizing the end-customer's Checking account data.Paya-EFT products and associated software specifically designed for such transactions will be utilized by Organization,and such software will either be hosted and maintained by Paya-EFT on Paya-EFT equipment,or alternatively,provided directly to Organization for installation on Organization equipment.In all cases where Paya-EFT hosts the software for Organization,the various terms and conditions referenced below regarding disclosure,transaction and processing requirements,and all other requirements imposed by either regulatory agency,law,Paya-EFT,or otherwise shall have full force and effect,however,in instances where the Paya-EFT hosted software already complies with Organization requirements,the Organization shall be relieved of certain of these responsibilities.Organization agrees not to change,modify,or alter such software or product in any way.Upon ORGANIZATION'S request and Paya-EFT's approval,check guarantee services(hereinafter referred to as"Checks-By-Phone Guarantee"service)will also be provided pursuant to provisions below.If ORGANIZATION has not requested Checks-By-Phone Guarantee service,or if Paya-EFT has not accepted the Application for Checks-By-Phone Guarantee service,Paya-EFT will not be liable in any way for any returned checks of ORGANIZATION or its customers,for any reason. 1. CHECKS-BY-PHONE NON-GUARANTEE.This program offers no guarantee for checks that are retuned unpaid on CUSTONIER's account Organization may utilize the Paya-EFT Checks- By-Phone Gateway or an approved method of electronic file transmission to use the Checks-By-Phone Non-Guarantee program.Organization must submit a file for testing purposes prior to using the Checks-By-Phone Service if Organization utilizes electronic file transmission.Organizations who utilize electronic file transmission will not receive the benefit of pre-verification services to determine ifthe CUSTOMER's account or drivers license is flagged by the national negative database for unpaid items and may result in higher returns or chargebacks to ORGANIZATION's account. 2. ACH COLLECTION.ORGANIZATION authorizes Paya-EFT to represent all return items forwarded to Paya-EFT.Paya-EFT shall have sixty(60)days from the date of receipt of rerun ACH transaction item to complete their representment process.Ifthis Agreement is terminated for any reason,Paya-EFT will retain the right to complete their electronic representment process for all return ACH Transaction items forwarded to Paya-EFT prior to said termination 3. RI X3,1 iMEMENTS FOR PROCESSING CHECKS-BY-PHONE.ORGANIZATION shall comply with the following conditions when processing electronic checks and agrees to complete all tramsactions in accordance with the provisions of this Agreement and such rules of operation as may be established by Paya-EFT from time to time.CUSTOMER will provide check information via recorded oral telephone authorization or by completing written ACH authorization form.ORGANIZATION is not authorized to process checks through this service if CUSTOMER does not have a pre-existing relationship with ORGANIZATION and ORGANIZATION initiated the call.A pre-existing relationship is established if the CUSTOMER has purchased goods/services from the ORGANIZATION within the last two years or if there is a written agreement in place between the organization and the consumer for provision of goods or services(i.e.a service contact). ORGANIZATION shall accept only the following sources to initiate ACH debit entries through Paya-EFT;(a)All demand deposit accounts must be drawn on or payable through a federally insured depository financial institution;be machine-readable MICR-encoded with the bank routing number and account number,and be for an amount less than$1,000.00 unless otherwise authorized by Paya-EFT.(b)ORGANIZATION shall obtain proper identification in the form of a valid drivers license number from each customer(c)ORGANIZATION shall obtain a customer authorization in the form of a signed written ACH authorization form or by recorded oral ACH authorization for each transaction submitted for electronic processing;(d)ORGANIZATION shall authorize each ACH transaction through the Paya-EFT Checks-By-Phone Gateway-based system to initiate electronic processing or through approved file transmission.(e)All items,goods and services purchased in a single transaction shall be included in the total amount on a single ACH authorization form or recorded oral authorization;Once Paya-EFT authorizes the transaction,if ORGANIZATION utilizes written ACH authorization form,ORGANIZATION shall ensure that the customer that presented the electronic check signs the ACH authorization form or has provided recorded oral authorization To be valid,ORGANIZATION shall ensure that the ACH Authorization form or recorded oral ACH Authorization contains the correct customer bank muting,account,and check numbers from the MICR data;ORGANIZATION's correct name and telephone number;the date of the transaction;the total cash price of the sale(including all applicable state,federal or local surcharges and taxes)or the amount to be charged if a partial payment is made in cash or by credit card or the amount to be charged as the remaining balance owing after the deposit has been made;Customer's personal information including but not limited CUSTOMER's full name,address,telephone number,driver's license state and number,last four of social security number or date of birth in YYYY format;disclosure statement that CUSTOMER understands he/she is authorizing ORGANIZATION to process an ACH debit entry to the CUSTONIER's account and that if the ACH debit entry is retuned unpaid;(f)After customer signs the ACH Authorization form or clearly agrees via Recorded Oral Authorization, ORGANIZATION shall deliver to the person presenting the ACH transaction a true and completed copy of the sales receipt via email,facsimile,or sales receipt must be included with product shipment and provide the consumer with a phone number for inquiries and method by which customer's authorization may be revoked;(g)No ACH authorization form or recorded oral ACH authorization may be altered after Paya-EFT authorizes acceptance of the ACH transaction.ORGANIZATION may not resubmit an ACH transaction electronically or deposit the original source document by any means,once Paya-EFT authorizes a transaction;(h)ORGANIZATION's failure to input the correct routing number or account number into the Checks-By-Phone Gateway will result in ORGANIZATION's loss of guarantee using the Checks-By-Phone program.Failure to comply with the above requirements will,in addition to other penalties(such as but not limited to loss of guarantee of ALL transactions),subject ORGANIZATION to chargebacks or withholding of finds and may be grounds for immediate suspension/termination of services and indemnification of Paya-EFT by ORGANIZATION pursuant to this Agreement.YOU UNDERSTAND THAT IT IS A FEDERAL VIOLATION TO PROCESS DEBIT REQUESTS AGAINST A CONSUMER BANK ACCOUNT WITHOUT ACCOUNT HOLDER'S EXPRESSED AUTHORITY.YOU HEREBY ACKNOWLEDGE RECEIPT OF PROPER NOTICE THAT THE USE OF ANY COUNTERFEIT,FICTITIOUS,LOST,STOLEN,OR FRAUDULENTLY OBTAINED DEBIT INSTRUMENT TO UNLAWFULLY INITIATE A DEBIT TRANSACTION IS PUNISHABLE BY A MAXIMUM OF A$10,000 FINE PER INSTANCE UP TO A$500,000 MONTHLY FINE,IMPRISONMENT FOR A TERM OF TEN YEARS, OR BOTH.IT IS SPECIFICALLY UNDERSTOOD BY YOU THAT ANY TRANSACTION EVENT INIATED AS AN UNAUTHORIZED MANUAL ENTRY OR DEPOSIT BY YOU AFTER YOU HAVE RECEIVED APPROVAL FOR ELECTRONIC DEPOSIT OF ACH TRANSACTION(S)OR IS INTENDED FOR ELECTRONIC DEPOSIT SHALL BE INTERPRETED AS AN UNLAWFUL DEBIT TRANSACTION PURSUANT TO THIS NOTICE.IN THE EVENT OF SUCH A VIOLATION,ORGANIZATION AGREES AND WARRANTS TO HOLD Paya-EFT AND ALL OF ITS ASSIGNS AND ASSOCIATES HARMLESS AND REIMBURSE Paya-EFT FOR THE TRANSACTION(S)WITHIN 24 HOURS OF SAID OCCURRENCE.IF ORGANIZATION REFUSES OR IS UNABLE TO REIMBURSE Paya-EFT FOR ANY SUCH OCCURRENCE,IT IS EXPRESSLY STATED AND UNDERSTOOD THAT THE ORGANIZATION IS IN DIRECT VIOLATION OF THIS AGREEMENT AND FEDERAL LAW,AND Paya-EFT WILL PURSUE ALL LEGAL,CIVIL, AND COLLECTION REMEDIES AS ARE POSSIBLE UNDER LAW AS REMEDY.FURTHERMORE,Paya-EFT'S CHECKS-BY-PHONE SERVICE IS NOT APPLICABLE FOR TELEMARKETING BUSINESSES(OR THE LIKE)IN WHICH THE PRIMARY FUNCTION OF THE BUSINESS IS OUTBOUND SALES CALLS.UNACCEPTABLE BUSINESSES FOR THIS PROGRAM INCLUDE COLD-CALLING,"BOILER ROOMS",MAIL ORDER MARKETING,CREDIT REPAIR AND/OR CREDIT ESTABLISHMENT OPPORTUNITIES, VACATION AND/OR BENEFIT PACKAGES,AND INVESTMENT OPPORTUNITY OPERATIONS IN WHICH THERE IS NO PREEXISTING RELATIONSHIP BETWEEN THE ORGANIZATION AND THE CONSUMER WHEREBY ORGANIZATION IS ENGAGING PRIMARILY IN OUTBOUND CALL AND/OR OUTBOUND MAIL ACTIVITY TO INITIATE A CHECKS-BY-PHONE TRANSACTION.IF ORGANIZATION VIOLATES THIS AGREEMENT BY PARTICIPATING IN SUCH BUSINESS PRACTICES,Paya-EFT SHALL IMMEDIATELY HOLD ALL ORGANIZATION'S FUNDS,CANCEL THIS AGREEMENT,DEBIT ORGANIZATION'S ACCOUNT FOR ALL RETURNS,AND TAKE OTHER LEGAL ACTION AS DEEMED NECESSARY BY Pays-EFT'S LEGAL COUNSEL,THE FEDERAL TRADE COMMISSION,THE UNITED STATES POSTMASTER GENERAL,AND/OR NACHA(National Automated Clearing House), 4. CUSTOMER's AUTHORIZATION INITIATES DEBIT ENTRY.ORGANIZATION acknowledges that the customers authorization allows ORGANIZATION to instruct Paya-EFT to initiate an ELECTRONIC ACH TRANSACTION DEBIT ENTRY("ENTRY")for ORGANIZATION against customer.It further permits Paya-EFT to reinitiate an ENTRY where the original ENTRY is returned.Paya-EFT shall be entitled to multiple re-presentments and to assess a transaction fee as set forth in the schedule against ORGANIZATION for each re-presentment.If an electronic check is returned unpaid after each re-presentment,Paya-EFT shall be entitled to debit the ORGANIZATION'S account for the amount of the electronic check. 5. RESTRICTI€}NS ON ACCEPTANCE OF ELECTRONIC CHECKS FOR ELECTRONIC PROCESSING.From time to time,Paya-EFT shall establish necessary security and identification procedures for presentment of checks for electronic processing pursuant to the Rules and applicable law.ORGANIZATION agrees to comply with such procedures and to accept such"properly presented"checks for electronic processing.Paya-EFT shall establish minimum and maximum amount limitations on electronic checks presented for electronic processing by ORGANIZATION.ORGANIZATION shall not accept or attempt to process electronic checks below the minimum or in excess of the maximum limitations established by Paya-EFT.In no event will Paya-EFT accept an electronic Checks-By-Phone greater than$1,000.00 for processing without prior written authorization by Paya-EFT.Paya-EFT shall also establish the number of electronic checks that may be submitted on a daily basis by any customer for electronic processing.ORGANIZATION agrees to provide Paya-EFT with any and all information needed to establish such limitations.ORGANIZATION further agrees to infon n Paya-EFT immediately of any changes in business activities,rules or regulations,which may affect these limitations.ORGANIZATION further agrees to abide by these limitations as a condition for Paya-EFT to electronically process any checks. Customer must initiate the transaction and complete the ACH authorization form or recorded oral authorization. 6. 1J NACCEPTABLE TRANSACTIONS.In addition to the restrictions set out above and in any event,the following transactions are unacceptable for electronic processing.ORGANIZATION agrees not to submit any of the following transactions to Paya-EFT for electronic processing;(a)ORGANIZATION shall not electronically process any electronic checks drawn on any depository institution that is not federally insured or part of the ACH network,(b)ORGANIZATION shall not electronically process any electronic checks drawn on the business or personal checking account of ORGANIZATION or any of its agents or employees,(c)ORGANIZATION shall not accept any third party items for electronic processing or electronic checks for"cash"or"cash back",(d)ORGANIZATION shall not submit for processing any transaction representing the financing of an existing obligation whether previously owed to ORGANIZATION,arising from the dishonor of a check,a dishonor of an electronic ACH transaction or arising from a credit card,debit card or smart card dispute with the ORGANIZATION,(e)ORGANIZATION shall not submit a transaction for processing which represents an attempt to collect a chargeback,(f)ORGANIZATION shall not submit an electronic check for goods or services that are not provided to the customer,including any electronic ACH transaction given for a service contract,gift certificate,a layaway(except for the final payment)or for a similar transaction,or for goods or services provided to a third party,(g)ORGANIZATION shall not submit an electronic check which is altered by the Organization in any way(h)ORGANIZATION shall no knowingly submit a check Page 7 of 20 Page 542 of 919 on an account on which Paya-EFT previously denied authorization.ORGANIZATION's submission of any ofthe above transactions for electronic processing may subject the ORGANIZATION to immediate suspension or termination and all funds of ORGANIZATION,including those in ORGANIZATION'S account,may be placed on hold or charged back to organization.3.5 SURCHARGES AND TAXES.ORGANIZATION shall not impose any illegal surcharge on any processed electronic checks.ORGANIZATION shall collect all required taxes at time of sale. All required taxes must be included in the total transaction amount at the time such is submitted for authorization by Paya-EFT and must be reflected in the face amount ofthe electronic check.In any event,ORGANIZATION shall not collect any required taxes separately in cash,or otherwise.ORGANIZATION is responsible for paying all taxes collected to the appropriate authorities in a timely manner. 7. SOFTWARE.ORGANIZATION shall utilize electronic check software provided by Paya-EFT for processing all electronic check transactions.(a)ORGANIZATION is responsible for all telecommunication fees and charges,including but not limited to telephone fees,associated with and related to the use ofthe software.(b)ORGANIZATION shall maintain all equipment necessarily related to electronic check processing,including necessary file servers,computer and telecommunications equipment in good working order at ORGANIZATIONS sole expense.(c) ORGANIZATION shall advise Paya-EFT immediately in the event of breakdown of related equipment,electronic check software problems or of any other system failure.(d)ORGANIZATION acknowledges that Paya-EFT is not responsible for any related computer and telecommunications equipment used by the Organization.In this regard,Paya-EFT shall not be responsible for any unauthorized tampering or altering to equipment and software specifically installed by Paya-EFT on the part the Organization or Organization's agent Additionally,Paya-EFT's approval of such equipment does not constitute an express or implied warranty,representation or endorsement of such equipment. 8. USE OF_EQUIPMENT.ORGANIZATION agrees to utilize only equipment approved by Paya-EFT for the electronic processing of Checks-By-Phone transactions and in a format and medium of transmission acceptable to Paya-EFT. 9. DAILY SETTLEMENT OF TRANSACTIONS."Batch out"shall mean that ORGANIZATION totals and settles all ofthe transactions by midnight(12:00 am)ofthe day Paya-EFT authorizes the sale said transmits the information contained in the batch out to Paya-EFT.In addition,any transactions contained in an untimely batch out may be refused or become subject to chargeback or held until after a sixty-day period for consumer chargebacks by Paya-EFT.If ORGANIZATION account is Checks-By-Phone Guarantee then electronic checks contained in an untimely batch out are not covered under the GUARANTEE program.If so requested by Paya-EFT,the signed written ACH Authorization Form or Recorded Oral Telephone Authorization must be sent out and received at Paya-EFT's designated location within 48 hours from the request date.Failure to do so will remove Paya-EFTs obligations order the Guarantee program for such electronic checks at Paya-EFTS sole discretion.ORGANIZATION acknowledges that failure to batch out on a timely basis may be grounds for suspension or termination at Paya-EFTS sole discretion.Paya-EFT reserves the right to hold additional monies as necessary to reduce any risk associated with daily processing of electronic checks.Paya-EFT also reserves the right to move monies into an account of its choosing to hold it against returns to those monies and providing to the organization a net deposit after a period of time acceptable to Paya-EFT. 10. PROVISIONAL SETTLEMENTS.ORGANIZATION acknowledges that all settlements between Paya-EFT and ORGANIZATION are provisional and are subject to the customer's rights to dispute the charges against tbe customer's account.In submitting electronic checks to Paya-EFT,ORGANIZATION endorses and assigns to Paya-EFT all right,title and interest to such electronic checks with rights of endorsement.ORGANIZATION acknowledges that Paya-EFT has the right to receive payment on all electronically processed checks acquired and ORGANIZATION will not attempt to collect on any such transactions.If arty payment is tendered to ORGANIZATION,ORGANIZATION will notify Paya-EFT by telephone ofthe payment,endorse the check,and sign it over to Paya-EFT and immediately mail the payment to Paya-EFT by certified mail.If customer pays cash,ORGANIZATION shall reimburse Paya-EFT by ORGANIZATION's check. 11. AUTHORIZATION RETRIEVAL it[-',QUESTS.Whereby a financial institution,regulatory or law enforcement agency,or similar authority has demanded from Paya-EFT proof of valid consumer authorization,in accordance with NACHA Rules,Organization shall provide said proof of authorization to Paya-EFT within(10)business days.In the event that Organization cannot provide the appropriate consumer authorization,and Paya-EFT suffers a penalty enforced by NACHA,Paya-EFT shall have the right to offset such penalty and charge Organization a minimum of($1000 per instance and up to a maximum of$100,000 per month until the problem is resolved 12. ELECTRONIC CHECK PROCESSING.Paya-EFT shall not be responsible for the payment of any Checks-By-Phone of ORGANIZATION that Paya-EFT has not received for processing from ORGANIZATION within twenty-four hours ofthe initial transaction date of said Electronic check(s).ORGANIZATION shall be required to submit all documentation related to the transactions to Paya-EFT at Paya-EFT's request.ORGANIZATION shall make its books and records available to Paya-EFT. 13. ELECTRONIC CHECKS FOR WHICH ORGANIZATION WILL NOT BE REIMBURSED UNDER CHECKS-BY-PHONE GUARANF E,.In addition to the provisions set forth in this Agreement and notwithstanding any other provisions to the contrary,Paya-EFT shall have no obligation to reimburse ORGANIZATION for ACH transactions that are:(a)Not honored by the customer's financial institution because ofthe customer's instructions to"stop payment"on the original source document or electronic check;(b)Fraudulent,whether ORGANIZATION,its employees or agents are involved,either as a principal or as an accessory,in the issuance;(c)Accepted by ORGANIZATION or its employees with advance knowledge ofthe likelihood of its being dishonored even though authorized by Paya-EFT;(d)Lost,stolen,altered or counterfeit and Paya-EFT has reason to believe that ORGANIZATION failed to use reasonable care in verifying the customer's identity;(e)Given as a substitute for a previously accepted check,whether or not the check was authorized by Company or,any check upon which ORGANIZATION has accepted full or partial payment;(f)One of multiple checks presented to ORGANIZATION in a single transaction for electronic processing;(g)For goods,if the goods are subsequently retuned by customer or repossessed by ORGANIZATION or lien holder,within 65 days of date of purchase;(h)Not honored by the customer's financial institution because ofthe failure o1;the closing of;or government-imposed restrictions on withdrawals from the financial institution;(i)Checks for which ORGANIZATION returns cash back to the customer,unless ORGANIZATION is approved in writing by Paya-EFT for such cash back;6)Checks for which Paya-EFT previously denied authorization;(k)Not in compliance with this Agreement and not processed in accordance with the ACH transaction processing provisions of this Agreement;(1)Incorrect Routing and Account Number data entry;(m)unable to locate account or invalid account number returns or unauthorized corporate account returns.hi addition,before processing the check and as a condition to honoring the check,ORGANIZATION shall obtain sufficient personal information to locate the person presenting the check,including but not limited to a current home or business telephone number including area code,a current home address consisting of a street or rural route address,not a post office box,and the customer's valid,unexpired driver's license number or non-driver identification number together with the state of issuance,and the last four digits of customer's social security number or year of birth in YYYY format ORGANIZATION shall ensue that this identifying information is legibly printed on the ACH Authorization form or clearly captured on the recorded oral authorization;(n)ACH Authorization form or recorded oral authorization must contain a current phone number of customer,(o)ACH authorization forms or recorded oral authorizations must contain the customer's drivers license number,(p)Paya-EFT must receive the completed ACH Authorization form or recorded oral authorization within 48 hours of Paya-EFT's request;(o)ORGANIZATIONS failure to input into the Checks-By-Phone system the correct routing number or account munber will result in ORGANIZATION's loss of guarantee. 14. ADDITIONAL ORGANIZATION WARRNATIES.With each transaction presented to Paya-EFT by ORGANIZATION for authorization,ORGANIZATION specifically warrants and represents that:a)ORGANIZATION,nor any of its employees have submitted Electronic checks drawn from their personal or business checking accounts on the ORGANIZATION's electronic check software;(b)ORGANIZATION uses only the name and address shown on the front ofthe Agreement on all its sales drafts;(c)ORGANIZATION has not submitted duplicates of any transaction;(d)ORGANIZATION warrants that the Checks-By-Phone banking information on the printed receipt and written or recorded ACH authorization is correct;and(e)no transaction submitted for authorization to Paya-EFT is with or through an entity other than ORGANIZATION. 15. SETTLEMENT AND CHARGEBACKS.Settlement shall consist of a 7-business-day net settlement period.Chargebacks will be deducted from net settlement or may be debited from ORGANIZATION's account if no pending credits are available to offset the chargeback. Page 8 of 10 Page 543 of 919 Checks-Bv-Web Schedule These Terms are only applicable to processing web-initiated transactions which are"Web"Entries as defined by the Rules("Checks-By-Web Service")utilizing the end-customer's Checking account data.ORGANIZATION is required to provide its own Internet payment gateway or utilize a third party Internet payment gateway which must be approved by Pays- EFT in advance.Any Paya-EFT products and associated software specifically designed for such transactions will be utilized by ORGANIZATION when required by Paya-EFT,and such software will either be hosted and maintained by Paya-EFT,or alternatively,provided directly to ORGANIZATION for installation on ORGANIZATION equipment.In all cases where Paya-EFT hosts software for ORGANIZATION,the various terms and conditions referenced below regarding disclosure,transaction and processing requirements and all other requirements imposed by either regulatory agency,law,Paya-EFT,or otherwise shall have full force and effect. 1. CHECKS-BY-WEB PROGRAM.THIS PROGRAM OFFERS NO GUARANTEE FOR ENTRIES THAT ARE RETURNED UNPAID AND ORGANIZATION SHALL BE LIABLE FOR 100%OF ALL LOSSES ARISING FROM RETURNED ENTRIES.ORGANIZATION must utilize a Paya-EFT-approved payment gateway,software,and approved method of electronic file transmission to use the Checks-By-Web program. ORGANIZATION must submit a file for testing purposes prior to using the Checks-By-Web Service if ORGANIZATION utilizes electronic file transmission.ORGANIZATIONS who utilize electronic file transmission will not receive the benefit of any pre-verification services to determine if the CUSTOMER's account or driver's license is flagged by the national negative database for unpaid items,which may result in higher returns or chargebacks to ORGANIZATION's account.Refer to Software Requirements section.Paya-EFT functions solely as the processor and assumes no liability in the performance of ORGANIZATION'S payment gateway or other related hardware/software.Paya-EFT may,at its option provide certain pre-verification services prior to processing an Entry;such services are at Paya-EFT's discretion and shall in no way create a guarantee from Paya-EFT or obligation on Paya-EFT's part to verify the consumer identity and validity of a submitted Entry. 2. ACH COLLECTION.ORGANIZATION authorizes Paya-EFT to re-present all return items forwarded to Paya-EFT.Paya-EFT shall have sixty(60)days from the date of receipt of return ACH transaction item to complete its re-presentment process.If this Agreement is terminated for any reason,Paya-EFT will retain the right to complete the electronic re- presentment process for all return ACH Transaction items forwarded to Paya-EFT prior to termination. 3. UNACCEPTABLE TRANSACTIONS. In addition to the restrictions set out above and in any event,the following transactions are unacceptable for electronic processing. ORGANIZATION agrees not to submit any of the following transactions to Paya-EFT for electronic processing;(a)ORGANIZATION shall not electronically process any electronic checks drawn on any depository institution that is not federally insured or part of the ACH network,(b)ORGANIZATION shall not electronically process any electronic checks drawn on the business or personal checking account of ORGANIZATION or any of its agents or employees,(c)ORGANIZATION shall not submit an electronic check for goods or services that are not provided to the customer,(d)ORGANIZATION shall not submit an electronic check which is altered by the ORGANIZATION in any way.ORGANIZATION's submission of any of the above transactions for electronic processing may subject the ORGANIZATION to immediate suspension or termination,and all funds of ORGANIZATION,including those in ORGANIZATION'S account,may be placed on hold or charged back to ORGANIZATION. 4. SOFTWARE. ORGANIZATION shall utilize a payment gateway(shopping cart)that Paya-EFT has previously authorized for processing all electronic check transactions. (a) ORGANIZATION is responsible for all telecommunication fees and charges,including but not limited to telephone fees,associated with and related to the use of the payment gateway and/or any related software costs/expenses.(b)ORGANIZATION shall maintain all hardware/software necessary for electronic check processing,including necessary file servers, payment gateway,and computer telecommunications equipment in good working order at ORGANIZATION's sole expense.(c)ORGANIZATION shall advise Paya-EFT immediately in the event of a security breach or breakdown of related equipment,electronic check software problems,and/or any other system failure.(d)ORGANIZATION acknowledges that Paya-EFT is not responsible for any related Internet or computer and telecommunications equipment used by the ORGANIZATION.ORGANIZATION also acknowledges that Paya- EFT solely functions as the processor and assumes no liability in the performance of ORGANIZATION's payment gateway.In this regard,Paya-EFT shall not be responsible for any unauthorized tampering or altering to software specifically installed by Paya-EFT on the part the ORGANIZATION or ORGANIZATION's agent.Paya-EFT's approval of equipment and/or software,including without limitation payment gateway software,does not constitute an express or implied warranty,representation or endorsement of such equipment and ORGANIZATION accepts responsibility for selection and compliance with the Rules of such equipment and/or software.In the event of a security breach of ORGANIZATION's records or payment gateway,ORGANIZATION is required to notify Paya-EFT immediately of such a breach,and to provide as much information as may be required to allow Pays- EFT to act accordingly to protect Paya-EFT's legal rights and responsibilities.ORGANIZATION fiuther agrees to immediately remove and properly dispose of Paya-EFT's previous version releases of any related software and to utilize the most current software version releases upon receipt of such from Paya-EFT.In the event of termination,ORGANIZATION shall immediately and unconditionally remove all software related to Paya-EFT services at ORGANIZATION's expense. 5. DATA RETENTION;,VERIFICATION AND SECURITY REQUIREMENTS.Organization agrees to complete all transactions in accordance with the provisions of this Agreement, the Rules and such Hiles of operation as may be established by Paya-EFT from time to time.Organization shall retain data on file adequate to permit remaking of Entries for seven(7) banking days following the date of their transmittal by Paya-EFT as provided herein,and shall provide such data to Paya-EFT upon its request.ORGANIZATION shall retain all records related to authorization,including all sales and credit receipts and authorizations for a period of no less than two years following the date of the transaction or no less than two years following ORGANIZATION's receipt of a customer's payment authorization revocation.Organization represents and warrants that it shall ensure that the financial information it receives is protected by security practices and procedures that include(i)physical security to protect against theft,tampering or damage,(ti)personnel and access controls to protect against unauthorized access and use,(iii)network security to ensure secure capture,storage and distribution,(iv)at least 128-bit RC4 encryption technology,(v)commercially reasonable fraud detection systems,(vi)procedures to verify routing numbers and authenticate consumer identity,and procedures to establish credit-worthiness and exposure limits for its customers, and(vii)ORGANIZATION's payment gateway must clearly notify the customer that they are initiating an ACH debit authorization and ORGANIZATION's authorized payment gateway shall obtain a customer authorization in the form of an electronically signed ACH authorization or similarly authenticated(unique security code or PIN)in accordance with the Rules that clearly demonstrates the customer's assent to authorization for each transaction submitted for electronic processing.Organizations are required to retain the original authorization or copy of the original authorization in its original form that can be reproduced upon request.NACHA does not accept proof of an authorization as being a listing of the information captured at time of authorization.The following minimum information must be included in the authorization record:consumer IP address of origination,consumer name, consumer address,transaction amount,transaction effective date,consumer e-mail address(optional;industry recommended best practice),website where payment was accepted, signifying whether authorization is for a single or recurring/multiple debits,and debit schedule if recuning/multiple,consumer banking information,statement of how the consumer's identity was authenticated.Additionally,Organization's website must provide the consumer with a phone number for inquiries or authorization revocation.Organization agrees that it shall conduct or have conducted annual audits to ensure that the financial information it obtains from its customers is protected by security practices and procedures that include,at a minimum level,the practices set forth in(i)through(iii),hereinabove.ORGANIZATION or ORGANIZATION'S 3rd party software provider shall cooperate with Paya-EFT to test ORGANIZATION's Internet payment gateway and for any ongoing support issues.In all cases,CUSTOMER will provide check information via Internet and ORGANIZATION's payment gateway.Organization must obtain the customer's authorization in accordance with the Rules that clearly demonstrates the customer's assent to authorization prior to initiating the ACH debit.In addition,if customer is providing recurring payment authorization,customer must be notified with the method to revoke its authorization.All items,goods and services purchased in a single transaction shall be included in the total amount on a single ACH authorization receipt and all entries must contain the correct customer bank routing, account,and check numbers,ORGANIZATION's correct name and telephone number;the date of the transaction,the total cash price ofthe sale(including all applicable state,federal or local surcharges and taxes)or the amount to be charged if a partial payment is made in cash or by credit card or the amount to be charged as the remaining balance owing after the deposit has been made,Customer's personal information including but not limited to CUSTOMER's frill name,address,telephone number,driver's license state and number,and a disclosure statement that CUSTOMER understands he/she is authorizing ORGANIZATION to process an ACH debit entry to the CUSTOMER's account.After customer authenticates the entry,ORGANIZATION's payment gateway must prompt the consumer to print the authorization and to retain a copy and no transaction may be altered after Paya-EFT authorizes acceptance of the ACH transaction.ORGANIZATION may not resubmit the transaction electronically or deposit the original source document by any means,once Paya-EFT authorizes a transaction.Failure to comply with the above requirements will,in addition to other penalties,subject ORGANIZATION to chargebacks or withholding of funds and may be grounds for immediate suspension/termination of services.ORGANIZATION ACKNOWLEDGES AND UNDERSTANDS THAT IT IS A FEDERAL VIOLATION TO PROCESS DEBIT REQUESTS AGAINST A CONSUMER BANK ACCOUNT WITHOUT ACCOUNT HOLDER'S EXPRESSED AUTHORITY.ORGANIZATION HEREBY ACKNOWLEDGE RECEIPT OF PROPER NOTICE THAT THE USE OF ANY COUNTERFEIT,FICTITIOUS,LOST,STOLEN,OR FRAUDULENTLY OBTAINED DEBIT INSTRUMENT TO UNLAWFULLY INITIATE A DEBIT TRANSACTION IS PUNISHABLE BY A MAXIMUM OF A$10,000 FINE PER INSTANCE UP TO A$500,000 MONTHLY FINE, IMPRISONMENT FOR A TERM OF TEN YEARS,OR BOTH.IT IS SPECIFICALLY UNDERSTOOD BY ORGANIZATION THAT ANY TRANSACTION EVENT INITIATED AS AN UNAUTHORIZED MANUAL ENTRY OR DEPOSIT BY ORGANIZATION AFTER ORGANIZATION HAS RECEIVED APPROVAL FOR ELECTRONIC DEPOSIT OF ACH TRANSACTION(S)OR IS INTENDED FOR ELECTRONIC DEPOSIT SHALL BE INTERPRETED AS AN UNLAWFUL DEBIT TRANSACTION PURSUANT TO THIS NOTICE.IN THE EVENT OF SUCH A VIOLATION,ORGANIZATION AGREES AND WARRANTS TO HOLD Paya-EFT AND ALL OF ITS ASSIGNS AND ASSOCIATES HARMLESS AND REIMBURSE Paya-EFT FOR THE TRANSACTION(S)WITHIN 24 HOURS OF SAID OCCURRENCE.IF ORGANIZATION REFUSES OR IS UNABLE TO REIMBURSE Paya-EFT FOR ANY SUCH OCCURRENCE,IT IS EXPRESSLY STATED AND UNDERSTOOD THAT THE ORGANIZATION IS IN DIRECT VIOLATION OF THIS AGREEMENT AND FEDERAL LAW,AND Paya-EFT WILL PURSUE ALL LEGAL,CIVIL,AND COLLECTION REMEDIES AS ARE POSSIBLE UNDER LAW AS REMEDY. 6, CUSTOMER's AUTHORIZATION INITIATES DEBIT ENTRY.ORGANIZATION acknowledges that the customer's authorization allows ORGANIZATION to instruct Paya-EFT to initiate an ELECTRONIC ACH TRANSACTION DEBIT ENTRY("ENTRY")for ORGANIZATION against customer.It further permits Paya-EFT to reinitiate an ENTRY where the original ENTRY is returned.Paya-EFT shall be entitled to multiple re-presentments and to assess a transaction fee as set forth on the Application against ORGANIZATION for Page 9 of 10 Page 544 of 919 each re-presentment If an electronic check is returned unpaid after each re-presentment,Paya-EFT shall be entitled to debit the ORGANIZATION'S account for the amount of the electronic check. 7. RESTRICTIONS ON ACCEPTANCE OF ELECTRONIC CHECKS FOR ELECTRONIC PROCESSING.From time to time,Paya-EFT shall establish necessary security and identification procedures for presentment of checks for electronic processing pursuant to the Rules and applicable law.ORGANIZATION agrees to comply with such procedures and to accept such"properly presented"checks for electronic processing.Paya-EFT may establish minimum and maximum amount limitations on electronic checks presented for electronic processing by ORGANIZATION And ORGANIZATION shall not accept or attempt to process electronic checks in excess of the maximum limitations established by Paya-EFT.In no event will Paya-EFT accept or will ORGANIZATION attempt to process an electronic Checks-By-Web greater than:(i)$2,500 for ORGANIZATIONS that have been identified as "Existing Relationship"(i.e.Bill Payment)Clients on the Application and(ii)$500 for all other ORGANIZATIONS unless otherwise approved in writing by Paya-EFT.Paya-EFT shall also establish the number of electronic checks that may be submitted on a daily basis by any customer for electronic processing.ORGANIZATION agrees to provide Paya-EFT with any and all information needed to establish such limitations.ORGANIZATION further agrees to inform Paya-EFT immediately of any changes in business activities,rules or regulations,which may affect these limitations.ORGANIZATION further agrees to abide by these limitations as a condition for Paya-EFT to electronically process any checks. 8. AUTHORIZATION RETRIEVAL REQUESTS.Whereby a financial institution,regulatory or law enforcement agency,or similar authority has demanded from Paya-EFT proof of valid consumer authorization,in accordance with NACHA Rules,ORGANIZATION shall provide said proof of authorization to Paya-EFT within(2)business days.In the event that ORGANIZATION cannot provide the appropriate consumer authorization,and Paya-EFT suffers a penalty enforced by NACHA,Paya-EFT shall have the right to offset such penalty and charge ORGANIZATION a minimum of($1000 per instance and up to a maximum of$100,000 per month until the problem is resolved. 9. DAILY SETTLEMENT OF TRANSACTIONS."Batch out"shall mean that ORGANIZATION transmits all ofthe transactions to Paya-EFT by midnight(12:00 am)on the day Paya- EFT authorizes the sale.In addition,any transactions contained in an untimely batch out may be refused or become subject to chargeback or held until after a sixty-day period for consumer chargebacks by Paya-EFT.If so requested by Paya-EFT,all documentation related to the customer's Internet ACH Authorization,including but not limited to customer's telephone number and billing and shipping address,must be faxed and received by Paya-EFT within 48 hours from the request date.ORGANIZATION acknowledges that failure to batch out on a timely basis may be grounds for suspension or termination at Paya-EFT's sole discretion.Paya-EFT reserves the right to hold additional monies as necessary to reduce any risk associated with daily processing of electronic checks.Paya-EFT may,in its sole discretion and to insure against,place a hold on funds due to ORGANIZATION in settlement of transactions in order to insure against potential losses.Paya-EFT will then provide a net deposit to ORGANIZATION after a period of time acceptable to Paya-EFT(usually 90 days from transaction processing date).In addition,ORGANIZATION understands that a failure to batch out will delay funds being deposited into ORGANIZATIONS'account. 10. ELECTRONIC CHECK PROCESSING.Paya-EFT shall not be responsible for the settlement of any Checks-By-Web for which Paya-EFT has not received transactions Entries from ORGANIZATION for processing within twenty-four hours of the initial transaction date of the transaction.ORGANIZATION shall be required to submit all documentation related to the transactions to Paya-EFT at Paya-EFT's request.ORGANIZATION shall make its books and records available to Paya-EFT in order to verify compliance with this agreement and in order to verify any information in an Entry. 11. ELECTRONIC CHECKS FOR WHICH ORGANIZATION WILL NOT BE FUNDED FOR UNDER CHECKS-BY-WEB.In addition to the provisions set forth in this Agreement and notwithstanding any otherprovisions to the contrary,Paya-EFT shall have no obligation to reimburse ORGANIZATION for ACH transactions that are:(a)Not honored by the customer's financial institution because of the customer's instructions to"stop payment"on the original source document or electronic check;(b)Fraudulent,whether ORGANIZATION,its employees or agents are involved,either as a principal or as an accessory,in the issuance;(c)Accepted by ORGANIZATION or its employees with advance knowledge of the likelihood of its being dishonored even though authorized by Paya-EFT;(d)Lost,stolen,altered or counterfeit,and Paya-EFT has reason to believe that ORGANIZATION failed to use reasonable care in verifying the customer's identity;(e)Given as a substitute for a previously accepted check,whether or not the check was authorized by Company or,any check upon which ORGANIZATION has accepted fill or partial payment;(f)One of multiple checks presented to ORGANIZATION in a single transaction for electronic processing;(g)For goods,if the goods are subsequently returned by customer or repossessed by ORGANIZATION or lien holder,within 65 days of date of purchase;(h)Not honored by the customer's financial institution because of the failure of,the closing of,or government-imposed restrictions on withdrawals from the financial institution;(i)Checks for which Paya-EFT previously denied authorization;0)Not in compliance with this Agreement and not processed in accordance with the ACH transaction processing provisions of this Agreement;(k)Incorrect Routing and Account Number data Entry;(1)Unable to locate account or invalid account number returns or unauthorized corporate account returns. 12. PROVISIONAL SETTLEMENTS.ORGANIZATION acknowledges that all settlements between Paya-EFT and ORGANIZATION are provisional and are subject to the customer's rights to dispute the charges against the customer's account. 13. ADDITIONAL ORGANIZATION REPRESENTATIONS AND WARRANTIES.ORGANIZATION also represents and warrants that: (i)the description of type and nature of ORGANIZATION's business in the Application is complete and accurate and will remain so during the term of this Agreement the Application has been signed by a principle of ORGANIZATION and that if there is a change in control of ORGANIZATION that ORGANIZATION will not submit Entries under this Agreement without Pays-EFT's prior written consent;(ii)in the event of a security breach of ORGANIZATION'S records or payment gateway,ORGANIZATION will notify Paya-EFT immediately of such a breach and to provide as much information as may be required to allow Paya-EFT to act accordingly to protect Paya-EFT's legal rights and responsibilities and those of consumers affected by the breach; (iii)ORGANIZATION has not submitted Electronic checks drawn from its personal or business checking accounts on the ORGANIZATION's electronic check payment gateway;(iv) ORGANIZATION has used only the name and address contained in the Application on all its sales drafts;(v)ORGANIZATION has not submitted duplicates of any transaction;and (v)the banking information submitted to Paya-EFT for processing has not been altered by ORGANIZATION. By signing below,the Organization named: (1)certifies to Pays that it is authorized to execute and deliver this Agreement on behalf ofthe Organization;(2)and the person executing on behalf of the Organization is authorized to do so;(3)certifies that all information and documents submitted in connection with this Agreement are true and complete; (4)authorizes Pays to verify any of the information given,including credit references,and to obtain credit reports on the Organization;(5)acknowledges and agree that the Checks- By-Phone,Checks-By-Web,and ACH Debit/Credit services("Services")provided pursuant to this Agreement are provided by Paya EFT,Inc.("Paya-EFT");(6)has read,agrees to, and acknowledges receipt of the Terms and Conditions,presented above and incorporated herein by reference.The Terms and Conditions and the Payment Acceptance Application constitute the entire Agreement by and between Organization and Paya-EFT separate and distinct from any other services offered in connection with the Paya-EFT Services;(7) agrees that Organization is responsible for the acts,omissions and obligations of any unit or division receiving services hereunder;(8)certifies that each such unit or division has the same Tax Identification Number as the Organization;(9)agrees that Organization and each transaction submitted to Paya will be bound by the Agreement in its entirety;and(10) agrees that Organization will submit transactions to Paya only in accordance with the information in the Payment Acceptance Application and will immediately inform Paya,in writing at the address _above ifan}:information in the Payment Acceptance Application chanb:.es. Organization Name Authorized Officer(1) Signature Printed Name Title Date Authorized Officer(2) Signature Printed Name Title Date Page 10 of 10 Page 545 of 919 1000 Business Center Dr. BMO Harris Lake Mary, FL 32746 CENTRALSQUARE 800.727.8088 Prepared for:Boynton Beach FL Partner ID:909064 Sales Rep Name:Keegan Wetzel Application Date: Organization LEGAL Name (as it appears on the federal tax returns) Tax ID#(required,9 digits) Organization DBA Name(if different from legal name) Organization Website URL Organization DBA Physical Address Organization Legal Address DBA City,State and Zip Code Legal City,State and Zip Code Organization Phone: Organization Fax: ®Municipality ❑C Corporation ❑S Corporation ❑Partnership ❑Other Governmental Entity ❑LLC ❑Non-Profit ❑LLP ❑I certify that I am a Foreign Entity/Non-Resident Alien(Bankcard Only) ®I certify that I am providing Authorization for the Electronic Issuance of IRS form 1099 Failure to provide accurate information may result in a withholding of merchant funding per IRS regulations(refer to§9.05 of the Terms and Conditions) Name Title Name Title Residential Address Email Residential Address Email City,State&Zip Code Phone City,State&Zip Code Phone Social Security Number(SSN) %Equity Ownership Date of Birth(MM/DD/YYYY) Social Security Number(SSN) %Equity Ownership Date of Birth(MM/DD/YYYY) N/A N/A N/A N/A N/A N/A IMPORTANT MEMBER BANK(ACQUIRER) REPONSIBILITIES IMPORTANT ORGANIZATION RESPONSIBILITIES MEMBER BANK(ACQUIRER) INFORMATION 1.An American Express®/Discover®/Mastercard®/Visa-Member lsthe only entity approved to extend acceptance of 1.Ensure compliance with cardholderdata security and storage requirements. AcquirerName:BMO Harris Bank American Express/Discover/Mastercard/Visa products dlrectlyto an organization. 2.An American Express/Discover/Mastercard/Visa Member must be principal(signer)to your Processing 2.Maintain Fraud and Chargeback rates belowthe thresholds Accu irer Address:8500 Governor's HI II Drive Agreement. 3.The American Express/Discover/Mastercard/Visa Member Is responsible for educating Organization on the pe rt l n e ntAmerican Express/Discover/Mastercard/Visa Operating Regulations with which the Organization must 3.Review and Understand the terms ofthe Processing Agreement er Cit:Cincinnati COm pV. 4.The American Express/Discover/Mastercard/Visa Member is responsible for and must provide settlementfunds 4Complvwiih American Express Operating Regulations. Acquirer State Zip:OH 45249 to the organization. 5.The American Express/Discover/Mas[erca rd/Visa Member Is responsible for all funds held In reserve that are re Phone:847-240.6600 derived from settlement. Organization Signature Organization's Authorized Officer Printed Name Oganization's Authorized Officer Title Date '❑Bankcard Transaction Volume Method of Sales(Total Must=100%) Monthly Volume Average Transaction HighestTransaction Card Present-Swiped Card Present-Keyed Card Not Present Business Type [-]Internet ❑Card Not Present ❑Card Present ❑ACH Monthly Volume$ Average Transaction$ Highest Transaction$ Average 4 of Check/ACH Billing Questionnaire(Explain your billing policy) Describe products or services sold? If product/service delivery requires recurring billing,explain available billing options: ❑Monthly ❑Quarterly ❑Semi-Annually ❑Annually Is any part of your organization outsourced to a third-party? ❑ Yes ®No If yes,explain: ACH Transaction Descriptor for Consumer Bank Statement Organization Name: Organization Phone: ACH Customer Authorization Method(select all that apply) How is the customer's consent to debit electronically captured? ❑Signed written authorization ❑ Customer initiated debits online ❑ Customer voice auth via telephone ACH Transaction Submission On NSF returns,processor automatically resubmits transaction: ❑Yes(default) ❑ No(optional) CentralSquare Payments is a registered ISO/MSP of BMO Harris Bank NA EV08182020 Page 1 of 3 PLEASE NOTE:The complete Payment Processing Agreement includes this Payment Acceptance Application,the Terms and Conditions for Payment Processing(Bankcard),and the Terms and Conditions for ACH Payment Processing. Page 546 Of 919 Card Types: ®VISA ®MasterCard ®Discover ®American Express ®Debit ❑ By checking this box,Organization Opts Out of receiving future commercial marketing communications from American Express®** Note te,tyo,"ay-'ti:w toa E...a ats5 co s¢ox..7ileA a ccIhm' sates i[ ro.L.s to'electyo.,r0c 0,A Ig butofro ar 'et,ro.:::. ra[oss..it e.e,"cC.E}o..7o e,e a ng o:tastt, ireoe,o:,e a¢ox:77;, ❑Fixed Fee Absorption— ®Interchange Absorption— ❑Convenience Fee Absorption— ❑Convenience Fee— ®Service Fee— Fees Paid by Organization Fees Paid by Organization Fees Paid by Organization&Citizen Fees Paid by Citizen Fees Paid by Citizen Processing',Fees Amount Visa®,Mastercard®,Discover®,PIN Debit,and American Express®OptBlue (Pass Through:Interchange Fees,Dues&Assessments/Card Association,Processor,and 3rd Party Fees) Pass Through Acquiring Fee(Interchange Plus)-As Applicable 0.50% Visa,Mastercard,Discover,and American Express(Interchange Plus) $0.15 PIN Debit(Interchange Plus) $0.15 eCheck/ACH/EFT $0.50 Service Fee(No Cost to Organization): Fee to Citizen per card transaction 2.75% Fee to Citizen per eCheck/ACH transaction—$25,000 transaction limit $0.99 Other Fees Amount Monthly Support INCLUDED Monthly Minimum WAIVED Monthly Program Fee(per Organization)(includes e-statement) $15.00 Chargeback(per occurance) $15.00 ACH Returns(per occurrence) $2.50 PCI Program Monthly Fee(per Organization) $25.00 PCI Monthly Non-Compliance Fee(if applicable) $95.00 Optional Services Amount ❑Account Updater Monthly Fee $25.00 ❑Account Updater(per item)(per successful match or closed account per response) $0.30 ❑Lockbox Monthly Support Fees $175.00 ❑Lockbox Item Fee $0.30 ❑el-ockbox $0.25 ❑Statement Printing(per page) $0.145 Hardware< Amount QTY: Ingenico Lane 5000(EMV and Tap Enabled)Point-of-Sale Terminal $364.00 Power Cord/Ethernet/POE Cable Included-Ethernet or WiFi Capable Plus Shipping QTY: Ingenico Move 5000(EMV and Tap Enabled)Point-of-Sale Terminal $393.00 Power Cord/Ethernet/POE Cable Included-Ethernet or WiFi Capable Plus Shipping QTY: Ingenico Lane 8000(EMV and Tap Enabled)Point-of-Sale Terminal $570.00 Power Cord/Ethernet/POE Cable Included-Ethernet or WiFi Capable Plus Shipping ACH Debit/Credit Authorization:The Organization named below hereby authorizes Paya,Inc.in accordance with this Agreement to initiate debit/credit entries to Organization's checking account,as indicated per the attached copy of a voided check from same.The authority is to remain in full force and effect until(a)One hundred and twenty(120)days after Paya,Inc.has received written notification from Organization of its termination in such a manner as to afford Paya,Inc.reasonable opportunity to act on it,and(b)all obligations of Organization to Paya,Inc.that have arisen under this Agreement have been paid in full. Bank Name: Depository c , or .., .:7 n7 .,,.,.;e' o,;r:7. Routing#: Account#: Fees C.i,.:ni ,e, ,vent fin,,ieze �, ..its<. .,,e,,.,t,:t r e ,azm�ne. Routing#: Account#: WN ® Check here to confirm that the Organization agrees to comply with its obligations under PCI-DSS(see section 2.05 of the Terms and Conditions). By signing below,the Organization named: (1)certifies to Paya that it is authorized to execute and deliver this Payment Acceptance Application,(2)and the person executing on behalf of the Organization is authorized to do so,(3)authorizes Paya to verify any of the information given,including credit references,and to run verification checks on the Organization;and(4)confirms it is advised by executing this form,it certifies that the information provided is true and complete.Any incorrect or omitted information may prevent the Organization from being approved,or if approved,may be grounds for immediate termination. Organization Name Authorized Officer(1) Signature Printed Name Title Date CentralSquare Payments is a registered ISO/MSP of BMO Harris Bank NA EV 08182..02..0 Page 2 of 3 PLEASE NOTE:The complete Payment Processing Agreement includes this Payment Acceptance Application,the Terms and Conditions for Payment Processing(Bankcard),and the Terms and Conditions for ACH Payment Processing. Page 547 of 919 Authorized Officer(2) Signature Printed Name Title Date CentralSquare Payments is a registered ISO/MSP of BMO Harris Bank NA LV 08182020 Page 3 of 3 PLEASE NOTE:The complete Payment Processing Agreement includes this Payment Acceptance Application,the Terms and Conditions for Payment Processing(Bankcard),and the Terms and Conditions for ACH Payment Processing. Page 548 of 919 11.B. NEW BUSINESS 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Discuss and consider the development of a policy relating to the location of monuments on City property. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 549 of 919 12.A. LEGAL 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Proposed Resolution No. R20-093-Approve and authorize the Mayor to sign documents releasing and creating project easements. (Tabled from the September 1, 2020 Commission meeting.) Explanation of Request: In order to advance the Town Square project, existing temporary access and parking easements will be released and new easements created. These recordable documents require signature by the Mayor and authorization by the City Commission. How will this affect city programs or services? This will facilitate the projects completion. Fiscal Impact: Recording costs Alternatives: I nclude the easement releases and new agreement for easement into a comprehensive amendment to the development documents. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 550 of 919 ATTACHMENTS: Type Description D Resolution Resolution approving the release and creation of Town Square documents D Attachment Termination of Temporary Construction and Parking Easement Agreement® Central Parcel Termination of Temporary Construction and D Attachment Parking Easement Agreement® North Parcel D Attachment Termination of Temporary Construction and Parking Easement Agreement® South Parcel D Attachment Temporary Parking Easement® Central parcel D Attachment Temporary Parking Easement® North Parcel Page 551 of 919 1 RESOLUTION R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AND 5 AUTHORIZING THE MAYOR TO SIGN 6 DOCUMENTS RELEASING AND CREATING 7 PROJECT EASEMENTS; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, in order to advance the Town Square project and facilitate the 11 project's completion, existing temporary access and parking easements will be released and 12 new easements created; and 13 WHEREAS, the recordable documents require the Mayor's signature and the City 14 Commission's authorization. 15 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE 16 CITY OF BOYNTON BEACH, FLORIDA, THAT: 17 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 18 being true and correct and are hereby made a specific part of this Resolution upon adoption 19 hereof. 20 Section 2. The City Commission of the City of Boynton Beach, Florida does 21 hereby approve and authorize the Mayor to sign the documents releasing and creating project 22 easements which shall be in a form subject to final approval by the City Attorney 23 Section 3. Copies of the final documents approved by the City Attorney are attached 24 hereto as Composite Exhibit"A". 25 Section 4. This Resolution will become effective immediately upon passage. 26 S:\CA\RESO\Town Square Easements-Reso.Docx Page 552 of 919 27 PASSED AND ADOPTED this day of November, 2020 28 CITY OF BOYNTON BEACH, FLORIDA 29 YES NO 30 31 Mayor— Steven B. Grant 32 33 Vice-Mayor—Ty Penserga 34 35 Commissioner—Justin Katz 36 37 Commissioner—Woodrow L. Hay 38 39 Commissioner— Christina L. Romelus 40 41 VOTE 42 ATTEST: 43 44 45 Crystal Gibson, MMC 46 City Clerk 47 48 49 (Corporate Seal) 50 51 S:\CA\RESO\Town Square Easements-Reso.Docx Page 553 of 919 This instrument prepared by: Stephen J. Grave de Peralta,Esquire PG Law 5030 Champion Blvd., Suite G11-281 Boca Raton,Florida 33496 TERMINATION OF f TEMPORARY CONSTRUCTION AND PARKING EASEME t EEMENT (BTS Central Parcel) ` THIS TERMINATION OF TEMPORARY CON TR TION ARKING EASEMENT AGREEMENT (this "Agreement")made this tay of ust,2020,biz between JKM BTS Central LLC, a Florida limited liability company ("GRA �R");r; City of BoynBeach (the "CITY") a Florida municipal corporation CFP BO TON BE�� Ii SQUA LC, a Florida limited liability company ("CFP") and the Cl 1'� CFP's a' is s , a �yees, or � �lit, �contractors; . 1 �4� ��G}�LIk��'ti �� W I T N 'S�l}�� . H : 1#`q, 11 1141, WHEREAS,GRANTOR is the o ��,'` ; ertai� ' el of re� roperty located within the City of Boynton Beach, with a legal descrill, n as atta in E ' t "A" , ereinafter referred to as the "Property"); and tl�zf' WHEREAS, GRANTO�� cuted porary Co ruche and Parking Easement Agreement ("Easement") in order to permit C ,,nd the , at th 4 t t sole cost and expense, to complete the necessary grading and ut work on t ` T)ropert i ' comp „ e site preparation of the Property, and for the use of the Property H Jug,�ch Ease �, 's recorded in Official Records Book 30300 Page 1261 of the P2, c RecCounty +orida; and +%04 WHEAS, GRANTOR"9P(, and the +Y have all agreed to terminate the Easement. NOW, t in pon§l ion of the mutual promises contained herein and Ten and no/10, �� '' {,Dol d other go",# an ivaluable considerations,the receipt, sufficiency,and adequacy of h is lie` ` ackn dged,thee rties hereto agree as follows: I, 1. 4 1,f r aid recitals° ,� a and correct and are incorporated herein. 2. Each NTOR, CFP, and the CITY does hereby release and abandon any right, title or interest that it mj v$ in the Easement rights set forth in the Easement, and declares the Easement (and any rights grad ��thereunder or pursuant thereto)terminated. i�, (Signatures appear on the following pages) t00390076.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS Central Parcel) Page 554 of 919 Signed and sealed the day and year first above written. GRANTOR JKM BTS Central, LLC, a Florida limited liability company By: JKM BTS Capital, LLC, a Florida 3 limited liabili om an its Manager t ' ` dam dman, Mar STATE OF FLORIDA i { COUNTY OF PALM BEACH p '04, The foregoing instrument was acknowledged befor 4 e by m� s" presence or ❑ online notarization this day of August, 2020,by� �, . Free as j�JKM BTS Capital, LLC,a Florida limited liability company,the Manager o ' BTS ral,LLC,a Florida limited liability company, on behalf of the companies. He is, *111ilil kn 69 me o ! s produced as identification. ��}�� }� el Q iS�G i �Y foi1 � ;{ NO CRY PUBLIC WIN }� i� � � 1 � TY OF BOYNTON BEACH } r �> } I . , '} MAYOR STEVEN B. GRANT ATT `' { 4�1 k Ills, Approved} orm: Jim Cherof, City "tty t00390076.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS Central Parcel) Page 555 of 919 CFP BOYNTON BEACH TOWN SQUARE, LLC By: Steve Collins, Manager STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me by means of ❑ s ical presenc,, or ❑ online notarization this day of August,2020,by Steve Collins,as Manag, ;of CFP Boy Beach Town Square,LLC,a Florida limited liability company,on behalf of the co pany li k e is persd°ia own to me or has produced as identification${� '�k4; 11104 AN ��` OTA PUB s� xk�s k' t r � isi�# S {_! 1101 �e7#Y V,�, �4 }} rt { 44 WIN X54 1tI$f Ill RkII 4, , t�{4fi 4=li 's'sa. , if I It a 'a,V1111ftf, It, It }_i it {00390076.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS Central Parcel) Page 556 of 919 EXHIBIT"A" Parcel 3,BOYNTON BEACH TOWN SQUARE, according to the Plat thereof,recorded in Plat Book 127,Pages 1- 5,of the Public Records of Palm Beach County,Florida. 4 �I }� r s 4 } , tl tt I F1 �q, . ti f t� Iry. X47{ } Ohl tl g"If Ill ""t, ,", it {{ t00390076.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS Central Parcel) Page 557 of 919 This instrument prepared by: Stephen J. Grave de Peralta,Esquire PG Law 5030 Champion Blvd., Suite G11-281 Boca Raton,Florida 33496 TERMINATION OF f TEMPORARY CONSTRUCTION AND PARKING EASEME t EEMENT (BTS North Parcel) ` THIS TERMINATION OF TEMPORARY CON TR TION ARKING EASEMENT AGREEMENT (this "Agreement")made this G' ay of ust,2020,biz between JKM BTS North,LLC,a Florida limited liability company("GRANT ") thof Boynton ch(the "CITY"), a Florida municipal corporation, CFP BOYNTON BEACH VN ,, RE, LLCFlorida limited liability company("CFP"), and the CITY's and C ?�(( ts, sery em tractors; W I T N,I T WHEREAS,GRANTOR is the owner ofthat cert ° arcel o property located within the City of Boynton Beach, with a legal descripti d m ibit "A� hereinafter referred to as the "Property"); and � )�)'��' }t. WTI WHEREAS, GRANTO ecutTemporary tructI d Parking Easement Agreement ("Easement") in order to permit P and' , rCITY at t soleicost and expense, to complete the necessary grading and utility work orre Prop to comp t site preparation of the Property, and for the use of the Property as, blic parking lhich ent w' recorded in Official Records Book 30300 Page 1252 of the Pubh alm h Cou # ida and �� 4, � ��t�t��,I-<�� WHERFANT�� (pCFP ao� ' ave all agreed to terminate the Easement. NCO" REF ,E, in Awderation of the mutual promises contained herein and Ten and no/100($10.00) soar good .valuable considerations,the receipt, sufficiency,and adequacy of w F �� ,y a ledged,thj7 art hereto agree as follows: 1. ijjflpe afo; id reci re hand correct and are incorporated herein. 2. Eac Ckk GRANTOR,ONP, and the CITY does hereby release and abandon any right, title or interest that i� have in the Easement rights set forth in the Easement, and declares the Easement (and any rights g` d thereunder or pursuant thereto)terminated. a'' i (Signatures appear on the following pages) t00390077.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS North Parcel) Page 558 of 919 Signed and sealed the day and year first above written. GRANTOR JKM BTS North, LLC, a Florida limited liability company By: JKM BTS Capital, LLC, a Florida 3 limited liabili om an its Manager, t 4 ' ` dam eedman, Mar STATE OF FLORIDA i { COUNTY OF PALM BEACH p '�i }��' " s The foregoing instrument was acknowledged befor �� , by m� s�' 1, f presence or ❑ online notarization this day of August, 2020 by . Free, as , j�JKM BTS Capital, LLC,a Florida limited liability company,the Manage ��.r BTSrth,LLC,a Florida limited liability company, on behalf of the companies. He is,"11 W11 kn' 69 me oro s produced as identification. ��}, ,�� x� ' i S�G i alk 1 �Y �}} � ;{ NO ",CRY PUBLIC 41 444 04 TY OF BOYNTON BEACH N B y MAYOR STEVEN B. GRANT ATT }01f?�E�`� Approved} orm: Jim Cherof, City "tty t00390077.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS North Parcel) Page 559 of 919 CFP BOYNTON BEACH TOWN SQUARE, LLC By: Steve Collins, Manager STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me by means of ❑ s ical presenc,, or ❑ online notarization this day of August,2020,by Steve Collins,as Manag, ;of CFP Boy Beach Town Square,LLC,a Florida limited liability company,on behalf of the co pany li k e is persd°ia own to me or has produced as identification${� '�k4; 11104 AN ��` OTA PUB s� xk�s k' t r � isi�# S {_! 1101 �e7#Y V,�, �4 }} rt { 44 WIN X54 1tI$f Ill RkII 4, , t�{4fi 4=li 's'sa. , if I It a 'a,V1111ftf, It, It }_i it {00390077.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS North Parcel) Page 560 of 919 EXHIBIT"A" Parcel 2,BOYNTON BEACH TOWN SQUARE, according to the Plat thereof,recorded in Plat Book 127,Pages 1- 5,of the Public Records of Palm Beach County,Florida. 4 �I }� r s 4 } , tl tt I F1 �q, . ti f t� Iry. X47{ } Ohl tl g"If Ill ""t, ,", it {{ t00390077.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS North Parcel) Page 561 of 919 This instrument prepared by: Stephen J. Grave de Peralta,Esquire PG Law 5030 Champion Blvd., Suite G11-281 Boca Raton,Florida 33496 561.325.6510 TERMINATION OF1��}�` TEMPORARY CONSTRUCTION AND PARKING EASEM T AGREEMENT (BTS South Parcel) �,t �fl�� THIS TERMINATION OF TEMPORARY Cq TRU ON AND z . RKING EASEMENT AGREEMENT (this "Agreement")made this of A '' t,2020,by a' tween JKM BTS South,LLC,a Florida limited liability company("GRANTORS,the Boynton #ch(the "CITY"), a Florida municipal corporation, CFP BOYNT CH TO S �'' p �� a Florida ft limited liability company("CFP"), and the CITY's an �FP � �" ts;4ployee "''r contractors; ' l WITN S' ,+, H . 1, 1# +} , i. 3iG WHEREAS,GRANTOR is the ow� � y' ertain ' $el of re}� roperty located within the City > t`r of Boynton Beach, with a legal descri n as a in Et "A" einafter referred to as the "Property"); and fi=t "IN � WHEREAS, GRANT( I "I�t ecuted , , porary C ructio�and Parking Easement Agreement ("Easement") in order to permit C1�4 and th� at th sole cost and expense, to complete the necessary grading and uti t work on th Prope r ;3l com , e site preparation of the Property, and for the use of the Property' +' ing v h Eas s recorded in Official Records Book 30300 Pae 1270 of the P c Rec Count'; = orida; and WHE AS, GRANTOR,R, and the hY have all agreed to terminate the Easement. NOW, F �' in cons'( r on of the mutual promises contained herein and Ten and no/10 �'_ Do �d other go + an 'aluable considerations,the receipt, sufficiency,and adequacy of h is h' ack ' dged,the rties hereto agree as follows: QL fo�aid recitals �e and correct and are incorporated herein. ��,,� I Each y RANTOR, CFP, and the CITY does hereby release and abandon any right, title or interest that it m ' ave„in the Easement rights set forth in the Easement, and declares the Easement (and any rights grathereunder or pursuant thereto)terminated. (Signatures appear on the following pages) t00390075.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS South Parcel) Page 562 of 919 Signed and sealed the day and year first above written. GRANTOR JKM BTS South, LLC, a Florida limited liability company By: JKM BTS Capital, LLC, a Florida J3 limited liabili om an its Jy� p y� Manager J 4 ' ` dam eedman, Mar STATE OF FLORIDA i { COUNTY OF PALM BEACH p ��iJ }��' ta,J s The foregoing instrument was acknowledged befoxqg, e by ms' presence or El online notarization this day of August, 2020,by4 ` . Freel asj�JKM BTS Capital LLC,a Florida limited liability company,the Manager o ��.r BTS th,LLC,a Florida limited liability company, on behalf of the companies. He is,"11 W11 kn' ao me os produced as identification. ��},� ;�, Q;ryj4` �0� ilk i S�G i �Y �}} � ;{ NO CRY PUBLIC IMP! �� G}� i� i TY OF BOYNTON BEACH N B y MAYOR STEVEN B. GRANT ATTF1,17 � it 1 91 Approved} } orm: Jim Cherof, City "tty t00390075.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS South Parcel) Page 563 of 919 CFP BOYNTON BEACH TOWN SQUARE, LLC By: Steve Collins, Manager STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me by means of ❑ s ical presenc,, or ❑ online notarization this day of August,2020,by Steve Collins,as Manag, ;of CFP Boy Beach Town Square,LLC,a Florida limited liability company,on behalf of the co pany li k e is persd°ia own to me or has produced as identification${� '�k4; 11104 AN ��` OTA PUB s� xk�s k' t r � isi�# S {_! 1101 �e7#Y V,�, �4 }} rt { 44 WIN X54 1tI$f Ill RkII 4, , t�{4fi 4=li 's'sa. , if I It a 'a,V1111ftf, It, It }_i it {00390075.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS South Parcel) Page 564 of 919 EXHIBIT"A" Parcel 7,BOYNTON BEACH TOWN SQUARE, according to the Plat thereof,recorded in Plat Book 127,Pages 1- 5,of the Public Records of Palm Beach County,Florida. 4 �I }� r s 4 } , tl tt I F1 �q, . ti f t� Iry. X47{ } Ohl tl g"If Ill ""t, ,", it {{ t00390075.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS South Parcel) Page 565 of 919 PREPARED BY AND RETURN TO: Stephen J.Grave de Peralta, Esq. PG Law 5030 Champion Blvd. Suite Gl1-281 Boca Raton, Florida 33496 561.325.6510 Parcel 1D t (p4 PIril��sf ,k}� �b I� , I�° TEMPORARY PARKING EASEMENT A THIS TEMPORARY PARKING EASEMENT AG rt �� s `� sement") is made and executed as of August 2020 by and between M C a Florida limited liability company, having an address at 2300 Glad` I ad, Suii202E,Boca "aton,Florida 33431 ("Grantor")and JKM BTS Capital,LLC a Florida ed liacompany, having an address at 2300 Glades Road, Suite 202E, Boca rorid a�, Roper"), and The City of Boynton Beach Florida a political su ��vision, l Sta Flo "a 100 East Ocean Avenue $ a Boynton Beach FL 33435 ("City"). �' a} WIC , SSE (l r },11 WHEREAS Gra nd DeveN r area sand direct or beneficial parties to a March 19, 2018, Development' 1 City and Grantor is the owner of certain property located in Boynton ,'' h Pad Beac Florida described on Exhibit"A" attached hereto and made a part, Oreof(the "G� or Property"); and WHERE!��k � th 'rinto Prrty, pursuant to the Development Agreement, will be improv �,� �� eve ' , with a sldential and/or mixed-use project, together with a parking struc e(the" ' j ect F � r d wi,��e occupied by tenants to reside or conduct business therein; and k r � AS, the t porary parking spaces provided by this Agreement and a like Easement A° Ment with 7KM BTS North,LLC, a Florida limited liability company, are intended to satisfy the te` ry parking which Developer may hereafter be required to provide to the City with respect to trking structure (the"South Garage")to be constructed upon certain property located in Bo nt�n Beach, Palm Beach County, Florida described on Exhibit"B" attached hereto Y and made a part hereof (the "South Parcel") pursuant to the Developer's Agreement, without releasing or modifying any of Developer's other contingent obligations to provide temporary parking as referenced therein; and WHEREAS, Grantor and Developer desire to establish, create and grant for the benefit of, and as a burden upon, the Grantor Property, a temporary exclusive easement for use by City over {00390073.1 306-9905263} 1 Page 566 of 919 and across the portion of the Grantor Property as described in Exhibit "C" attached hereto and made a part hereof(the "Easement Property")for the purposes and upon the terms and conditions as set forth herein,for the benefit of City;the Easement Property,together with an easement across adjacent property owned by another affiliate of Grantor and Developer (the "Adjacent Property") or any alternative parking arranged at another location(any such location or locations, collectively, "Alternative Property") by Grantor with the consent of City (which consent shall not be unreasonably withheld), is intended to provide at least 300 parking spaces for use by the City as set forth in this Easement; and lf4� NOW, THEREFORE, in consideration of the mutual covenants a� ments heretofore made, and in satisfaction of the requirement to provide temporary park'i `g under th {4 evelopment Agreement, and for other good and valuable consideration, the receipt; d sufficJ , , of which is hereby acknowledged by the parties hereto, Grantor and City herby a' e as follow lit, � � 1. Recitals. The foregoing recitals are true and correct and a4i ere �r1�,�'�'=;��I :orat ' 'into this Easement by reference in their entirety. 11 IgI �'}t,r J iflgiil 11"', vvV ,0�jllioii,ii Vow 2. Parking Easement. ��' �i IN � a. Parking Easement. Grantor and Develo >> , ereby ablish, create and grant to the City a temporary, exclusio for ng on parking areas constructed and existing from ti o time n th ;� s ent Property (the "Parking Easement"). Grantopi & ashes, creat nd gr s the Parking Easement for City to use, without ��men' zany fee o'„r harge the Easement Property for the intended purpos wl set to ` ; this E ment. For the avoidance of doubt, the Parking Easement on nclud �� E” .xment Property and does not include any right toter up any n of the Grantor Property outside of the EaserrleitP111�,��yi,� b. � t to Modifv. ove or Relocate Parking Easements. Grantor and Developer no� haveright � n time and from time to time, upon 90 days prior written , it��ity; to' o remove and relocate all or any portion of the Parking �' §�� ';, ase ; describe (herein to another location with the consent of the City (which . � ;t I sent ' ` no :�e unreasonably withheld), within the Grantor Property (or to an ,,ternative erty owned by Grantor or Developer or to an Alternative Property �I l�Jprocured byes rantor or Developer), provided in all events that the City is provided ,e use of at least 300 spaces when taking into account spaces provided by or �; ' �d by Grantor, Developer, or their affiliates at the Grantor Property, the A� � `cent Property, and any Alternative Property. c. Termination. The Parking Easement shall be terminated, upon at least ten (10) business days prior written notice, at such time as Developer or its affiliate has completed construction and obtained a certificate of occupancy of the South Garage or at such time as Grantor shall have provided (either itself, through one of its affiliates, or through a third party) alternative parking arrangements consented to by the City (which consent shall not be unreasonably withheld) until such time as the South Garage can be completed. Following termination of the Parking {00390073.1 306-9905263} 2 Page 567 of 919 Easement and conditioned on the availability of alternative parking subject to terms and conditions reasonably comparable to those set forth in this Easement, City shall cease using the Easement Property for parking, and the City will enter into an agreement terminating this Easement and all rights hereunder. d. No Assignment or Transfer. The Parking Easement may not be assigned or transferred by City. Any attempted assignment or transfer of the Parking Easement or any rights granted herein shall be null and void and shall be deemed a violation of the Parking Easement. la 3. Prohibited Use. The intended use of the Easement Propert fres for par g of typical passenger vehicles by City employees, their invitees, and the eral pulf� , connection with business with the City or attending civic events, for� he a t dance of do the City shall not use or park any heavy equipment, buses, recr� pal v les or other �ersized vehicles within the Easement Property. The City will use its' st e � o pr ot or limit any use not consistent with the intended use. Th 1 t will no e t nt Property to stage any civic or social events. City sh1° using the Easement � 1 t g Property in violation of any law or for any 'Pose o �4 r than ' Parkin Easement. The City will establish and enforce reasoa' strictid'ft assure that minors are permitted on the easement property only when accom `' 'ed by4�' � adult and that animals are prohibited on the easement prope , ' whe leash'''' "`other physical halter. The City will mark or sign the wa 'ays fro ,pari` "lo s" to City facilities to enhance safety and minimize foot-tra ��' vement on ac Ile or Developer properties. Subject to applicable goy °nmeiiquiremer ; `hand approvals, and with the consent of City (which consent she`ll be a onably thheld), Grantor and/or Developer may post signs on the Grantor Pro�ty and '' a E�ement Property setting forth the rules and restrictions fort tie Eas��ent Pr consistent with the terms of this Easement, and the prohi Mori 4s of e Grantor Property other than the Easement lik Property. 4. Use ntor �rantor� e 'eloper may continue to use the Easement Property and all other p r��f tie G�,ant�roperty for any lawful purposes that do not unreasonably ' wi' e easem�;'t rights granted herein, including the right to improve the rasem tareas;�, ch �1 provements may include parking, paving, sidewalks, lighting, I91 gree Faces, recreational areas, drive aisles for motor-vehicles, and 1 � co k tion of throj ect. City shall not interfere in any manner with Grantor's or Deis operations and activities upon the Easement Property. 5. Mainten e. �Y a. Definition of Maintenance Obligations. The term "Maintenance Obligations" means any and all obligations to maintain, safeguard, upkeep, operate, repair, replace and remove the parking areas so that the Easement Property and the Grantor Property remain reasonably safe for the parking of vehicles and the access to such vehicles by their operators. {00390073.1 306-9905263} 3 Page 568 of 919 b. City Duties. The City will keep the parking area free of debris. The City is responsible for the repair of any damage caused by the storage or operation of City heavy equipment, buses, recreational vehicles, or other oversized vehicles on the Easement Property. c. No City. The City has no duty to remove or pay for removal of the temporary parking improvements when the temporary use ends. d. Performance. Subject to Sections 5(a) and (b), Grantor an Developer shall be responsible to perform all Maintenance Obligations as r ' �r1,,11y necessary and reasonably required hereby on or at the Easement Prop Y. 40 e. Standard of Care. To the extent required to be erfo d by each parties hereto as set forth in this Easement, all Maintena� Obh ns shall beformed in a good and workmanlike manner, and in comp�nce'�� respectwith all axe applicable laws, rules, regulations and o, ances of" ov authorities having jurisdiction over the Grantor P � `�R�� ' t Property. 6. No Duties of Grantor or Developer. Nitsrantor 4r Developer shall have any duty 11 .to City whatsoever with respect to the Par Easen� or the Easement Property, including no duty to provide t 61011 se whats,� er, except infrastructure �� maintenance as required by 1subjec � � os e it tI ns set forth in Section 5. Furthermore, neither Grant o ' � p eveloper hav ' iy duty to City or any of City's employees, agents, controliors, ts, or invi }, s to provide security or to monitor the Grantor Property or the'fagnent P rty in orr to protect against injury to any person or to safeguard or protect anehicles� er al property of any such parties. Neither Grantor nor Dev 11 havny liawhatsoever for any injury to any person or for an lost 1oleri , � � ert `�to City or any of City's employees, agents, Y �119111 contractors, �ts, or 1 itees. Ci y ' City's employees, agents, contractors, guests, and invitees ume al risk o 4 ury to any person and loss (including,but not limited to theft) and d to an�� their r e�gtive vehicles or other personal property, and City, on its own beha n beha oft r ity's employees, agents, contractors, guests, or invitees, r, ho�� cantor an 11!Developer harmless from and against any and all damages in �$ onnec '�` wit e rd..` ing Easement including, but not limited to, consequential age arisin gespect to the matters set forth in this Easement.Neither Grantor nor Der shall ha''e any obligation to assist (or to cause their employees or agents to assis � in collecting and/or removing any vehicles or personal property of City or other Party fr A Easement Property after the Parking Easement has been terminated. Any V(hicles o'> 'ersonal property left on the Easement Property after termination of the Parking Easement shall be deemed to have been abandoned, and Grantor or Developer may remove any such vehicles or personal property from the Easement Property without any obligation to account to City or any other party with respect thereto. 7. Indemnification. City agrees to indemnify and hold harmless Grantor, Developer, and their respective members, managers, lenders (including any lender with a mortgage upon the Grantor Property), attorneys, employees, and agents (the "Indemnified Parties") from and against any damage, cost, or liability to the Indemnified Parties or the Indemnified {00390073.1 306-9905263} 4 Page 569 of 919 Parties' property (including the Grantor Property) caused by the use of the Parking Easement granted herein or the exercise of any rights granted in connection with the Parking Easement,unless such damage, cost or expense was caused by a failure of Grantor or Developer to maintain the infrastructure as required by Section 5 or the negligence or willful misconduct of the Indemnified Party. Nothing in this paragraph shall be interpreted as a waiver of City's sovereign immunity or the limitations of liability set forth in Sec. 768.28, Florida Statutes. 8. Default. a. Default. If City shall be in default under any of the obi'{ ations ap cable to it as set forth in this Easement for 72 hours after receipt of ' itten note ` y default(or such lesser time in the event of an emergency) g1t yen b'x rantor or y per, or if such default shall be of such a nature that thOl a c' ' t practicabl a�� e cured within such 72 hour period and City shall not with suc�� od co�ence the curingof such default and thereafter with dili enc6`- mp� ' firing of such , � g a default then Grantor and/or Develop' to steps to cure such p >, default City shall, following tl deman wl,_V c fi; `, �4e accompanied by appropriate supporting documenft ,reimb� the Grantor and/or Developer t for the City's share of the costs and' en es onably paid or incurred by Grantor and/or Developer { ise ch righ 10, b. Standard of Care foel Any , s whiff' the Grantor or Developer shall perform or cause Elbe pe',k ed in ex se of its self-help and cure rights under {fi this Section 8 sha 4 ,e perf d with same standards of care, diligence and workmanship as if su'' cts w ei performed or caused to be performed by City purs Ak,; obI ns or 's hereunder. 9. Estoppel 41116ficate.1 ,City sha� out charge, at any time, and from time to time, within t x`'(10) days afteequest therefor, certify by written instrument duly executed, ackn ed an eliverei pr for the benefit of any existing or prospective tenant bu er or� ee oaf th�Gr �Itor Property (or any portion thereof), specify: ��Jfi6�! "114 at thi� e is unmodified and in full force and effect (or if there has been r (Ai odificat hat the Easement is in full force and effect as modified and stating ` he mod ion); b. ��r or not there are any existing defaults under this Easement and if so, sifying such defaults; and c. Such other pertinent information as the requesting party may reasonably request. 10. Insurance. City, at its sole expense, shall maintain a reasonable program of self-insurance or shall otherwise obtain insurance coverages, as described in Exhibit"D", with admitted insurers authorized to do business in the State of Florida and which are rated "A-/VIII" or equivalent in Best's Key Rating Guide, or any successor thereto(or if there is none, a rating organization having a national reputation); upon Grantor's or Developer's request, City {00390073.1 306-9905263} 5 Page 570 of 919 shall provide to Grantor and Developer a copy of each such policy or a certificate of insurance. Furthermore, any policy of insurance maintained by City in connection with the Easement Property shall provide that written notice shall be given to all insured parties, additional insured parties, and holders of certificates of insurance at least thirty (30) days prior to suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage. Subject to applicable law, in no event shall the limits of any insurance policies (or the City's election to self-insure as to any risks in connection with the Easement Property)limit the liability of City under this Easement. 11. Miscellaneous. � x41 �'Jrr, a. The intended and primary use of the Easement Propert s for Cilyol loyee, City invitees, and general public parking, and such use,will h , priority o her uses unless a like number and quality of alternative" skin '`� rovided atocation reasonably agreed to by the City in accordance wi� the of this ,asement. The exercise of the rights and privilege, ranted here sh ��'�Iercised in a manner which does not unreasonabl I � �� srupt the normal use, business or occupation of the Proje �` r any ifWrovem �� ted or to be located on the Grantor Property or the Eage� ' Prope� �i b. All provisions of this Eas ;'' ' the a ent ries hereunder shall run with the land and shall be b ing upo ntor' it successors and assigns. The Grantor Property sly eafter be sol conveyed, operated and leased subject to the eas �ents," �� rictions c man s and conditions contained in this Easement. �' '��, a c. All noticr��, ds re � sts or r communications required hereunder shall be initin ? ogni, ed express courier (such as FedEx or United Pa I oa§ervice Nnqr via U tates registered, certified mail, postage prepaid, rn recipt req ed, addressed to each party hereto, as the case may be, at the ess fid I,, eremae0provided or such other address as any party may from ti111 y e sig ate writing to the other.116 Sig tl! :� �� j �f d. '_ � is Ea'' nt 1 be governed by and construed in accordance with the laws of f � State o „� ida. Venue of any litigation or administrative proceeding shall be exclusively Palm Beach County, Florida. The prevailing party in any litigation sing from the terms of this Easement shall be entitled to recover its reasonable s' fees, both at trial and on appeal, as well as court costs, from the non- pr, Failing party. e. The captions used in this Easement are solely for the convenience of reference and shall not in any way limit or amplify the terms and provisions hereof. f. This Easement may be executed in counterparts, each of which will be deemed an original as against any party whose signature appears hereon, and all of which shall constitute one and the same agreement. {00390073.1 306-9905263} 6 Page 571 of 919 g. This Easement may not be terminated, modified or amended except as provided herein or as otherwise agreed to in a written document executed by the parties hereto or their respective successors in interest. h. Any invalidity of any of the terms and conditions or provision of this Easement by judgment, court order or otherwise shall not affect any of the other terms, conditions or provisions of this Easement. i. A like Easement Agreement will be executed contempq�aneously with this Agreement by the parties to address additional tempora '�N g on JKM BTS North, LLC property. ,10 #'yrs •a,IY'f} tt k'M �i : j. City shall not be liable or responsible to Gra or b , , nd the mo' limits specified in Ch. 768.28, Fla. Stat., regardless ia 'lbethe t d liability b eased in tort, contract,indemnity or otherwise; and in no evenba11e liabl ;r ' Grantor for punitive or exemplary damages or fob ''t rofit's oonse amages. 1Ir�s fry, [SIGNATURES AND ACKNO DG� N�� 2 ON THE FOLLOWI,� u. GES] u x�tf�rfi(1�� t;'� ]11�`�Fgil 444q2 ! 7 Jpggg t 1 .4 t6} "0 {00390073.1 306-9905263} 7 Page 572 of 919 IN WITNESS WHEREOF, the parties hereto have executed this Easement as of the day and year first written above. Grantor: Signed, sealed and delivered in the presence JKM BTS Central, LLC, a Florida limited of: liability company Witness #1 By. JKM BTS C,I� a , C a Florida limited lia �ty compa its Printed Name: Z �) , Manager € �''i r�� B {P Witness #2 t _, Add P. an onager Printed Name: 011, � �a ., STATE OF FLORIDA COUNTY OF PALM BEACH � r , The foregoing instrument was acknx ged before #'by m s of ❑ physical presence or ❑ online notarization this da hof A'' � 2020, b '�r dam '. Freedman, as Manager of JKM ,x BTS Capital, LLC, a Florida hr '� habili mpany Manager of JKM BTS Central, LLC, a Florida limited liability company, ohalf o � h co any, who (_)is personally known to me or(_)produced r �:��s r � � as identification. It 'Og i�� #f NOTARY PUBLIC State of Florida rl� � Print Name My Commission expires: a, OF It' Serial No.: k a r} (SEAL) {00390073.1 306-9905263} 8 Page 573 of 919 Developer: Signed, sealed and delivered in the presence of: JKM BTS Capital, LLC, a Florida limited Witness #1 liability company Printed Name: By: Adam P. Freedm anager �� g�" }} Witness #2 ��€; Printed Name: 11K V I to STATE OF FLORIDA I'' r1is' COUNTY OF PALM BEACH 1/ t11010111� r'[';� 411 `10 The foregoing instrument was acknowledged b by m s of ❑ physical presence or ❑ online notarization, this day of August 2020, b�'`I�} a �edman, as Manager of JKM BTS Capital, LLC, a Florida limited lia ' $ r ny ehalf '�such company, who (� is personally known to me or (� p uced �' ' �' 0 as identification. } 4 N OTARY PUBLIC, State of Florida POP Print Name for My Commission expires: Q ,� r} t� . Serial No.: tib � � (SEAL) } 5 }uWIN, V qlliW", rf'} r, {00390073.1 306-9905263} 9 Page 574 of 919 Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH,FLORIDA, a political subdivision of the State of Florida Witness #1 Printed Name: By: Steven B. Grant vor Witness #2 I Printed Name: Attest: sy1' 1111, STATE OF FLORIDA �� COUNTY OF PALM BEACH all1 The foregoing instrument w�� owledged� rem means of El physical presence or ❑ online notarization, thisil, day o 4 ust, 202 y Steven B. Grant, as Mayor of the City of Boynton Beach Florida a politl sub on oft State of Florida who (� is personally known to me or(�produced �a 's. � tras identification. "Ifqg 00, [Notar 1] �� }i Notary Public I Printed Name: }} My commission expires: 1� �T {00390073.1 306-9905263} 10 Page 575 of 919 EXHIBIT "A" LEGAL DESCRIPTION OF GRANTOR PROPERTY Parcel 3, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida. r 40 01 �Slf 0 '1"x'7' fj} r ' tri ht IN '��}' , {;{ �ry y i�l�•, r 4 qu {,«viz I ��ik}tsk 'tha� � x � I , f r i14114 �{ 401 {00390073.1 306-9905263} 1 1 Page 576 of 919 EXHIBIT `B" LEGAL DESCRIPTION OF SOUTH PARCEL Parcel 7, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida. r f 40 RIO r ' tri ht IN qu r � ig �} 4 �t{ ,All 111"fli � 10l 94 ii��iSP }�} {00390073.1 306-9905263} 12 Page 577 of 919 EXHIBIT "C" LEGAL DESCRIPTION OF EASEMENT PROPERTY A parcel of land being a portion of Parcel 3, BOYNTON BEACH TOWN SQUARE, according to the Plat thereof as recorded in Plat Book 127, Page 1 of the Public Records of Palm Beach County, Florida. Being more particularly described as follows: Commencing at the Northwest corner of said Parcel 3; , Thence North 89°39'57" East(as a basis of bearings) a distance eet to the POINT OF BEGINNING; Thence continue North 89° 39' 57" East, a distance of 71.32 fe} Thence North 00° 20' 03" West, a distance of 9.86 feet* Thence North 89° 39' 57" East a distance of 56.71 feet" `I� IV The previous four courses and distance being coincident wtI the rl 1' IV of said Parcel 3; t ti Thence South 00'20' 03" East, a distance ofr � Thence South 89 40 29 West a distancY , 128.0 et to a p �} Jng 42.87 feet East of and parallel with (as measured at rightani� the line of said Parcel 3; Thence North 00° 20' 03" West alon said pa }. line},i},rest#nce of 229.16 feet to the POINT OF BEGINNING. Said lands situate, lying and b Section�` own51, ,'�youth, Range 43 East, City of Boynton Beach, Palm Bead Containing 29902 squar yet mo � less. it -81 1111111 ppt11,1- 40 o } }#` ',111,#9414 , 1 � �,it F 1 j ,001 119 IiO t00390073.1 306-9905263) 13 Page 578 of 919 EXHIBIT "D" Insurance Coverage Automobile Liability Bodily injury and property damage liability covering all owned, non-ownedS1J16n11,`k's,5 hired automobiles for limits of not less than $500,000 bodily injury each person, each accid00,000 property damage, or $500,000 combined single limit each occurrence/aggregat Commercial General Liability Bodily injury and property damage liability as shall protect the Cit�O� Gr om „�ms of bodily injury or property damage which arise from the the Ease� nt. �� nts of such , insurance shall be $2 000 000 per person $2 OOO OO5er" k �I %1 general aggregate limit of$5,000,000.00. This insurance shall inclu„ �overag�4or prow �ipleted operation personal injury liability and contractual liability a�„` �f undef e indemnity provision of this Easement. OF � 4 oalll 111, Workers Compensation Insurance� ��i S 4"", i �� { sof � � , Meeting the statutory requireme of Fl and Emp�er Liability of$1,000,000 per accident limit, $1,000,000 disease per polio*mit, $ 000 d ase each employee limit, providing coverage for employees and owners .�� 't,°;� . Professional Liabilitv xwul,401 In an amount o� ot less an $2,'* 000 each claim and $2,000,000 aggregate. yJP 000j Mir t00390073.1 306-9905263} 14 Page 579 of 919 CONSENT TO EASEMENT BI 58 LLC, a Florida limited liability company ("Mortgagee"), is the holder of that certain Mortgage and Assignment of Leases and Rents, recorded in Official Records Book 31110, Page 1715 of the Public Records of Palm Beach County, Florida (the "Mortgage"), upon the Property described therein. Mortgagee hereby consents to the granting of the covenants, restrictions and easements set forth in the foregoing Easement as described in the foregoing instrument. IN WITNESS WHEREOF, Mortgagee has executed this C� � to Easement this day of August, 2020. ��yyys: 41111 B1 58 LL �1 i Affi a Florida limited' ; bili qI�, an Signed, sealed and delivered Q�y}� � �r��i��# , r�� ftt Its Alk Witness tio�`�� 04 € rFol Print Name =,«pat Witnesspz„z fi4tIF°��,P. Print Name fit; k ko STATE OF FLO A "tar COUNTY OF The fore g me # s ackn, ;",ledged before me by means of ❑ physical presence or ❑ onlinezatio hiss August, 2020 by as of BI 58 LL �' '� lo "a limited u ility company, on behalf of such company, who is personally known to me '' Produced ` as identification. Notary Public My Commission expires: t00390073.1 306-9905263} 15 Page 580 of 919 PREPARED BY AND RETURN TO: Stephen J.Grave de Peralta, Esq. PG Law 5030 Champion Blvd. Suite Gl1-281 Boca Raton, Florida 33496 561.325.6510 Parcel IDf 7 Pr TEMPORARY PARKING EASEMENT A E r z T1401 � 4 THIS TEMPORARY PARKING EASEMENT A �� issemeis made and executed as of August 2020,by and between J BT r � ,,, n limited liability 7u ' p company, having an address at 2300 Glade5l Suite 42E Boca' ton Florida 33431 ("Grantor")and JKM BTS Capital,LLC a Florida' ,,, ted liab� company, having an address at 2300 Glades Road, Suite 202E Boc �{, ,,4 oridlvu `}: 31 («� el, per"), and The City of Ig Boynton Beach, Florida, apolitical lbd, ivision'�x�: Sta { Flor � 100 East Ocean Avenue, Boynton Beach, FL 33435 ("City",,)�� ;:. W I E S S E , WHEREAS G� d Devef er are �`55a7}r 'and direct or beneficial parties to a March 19, 2018, Develop ent City," . d Grantor is the owner of certain property 01" located in Boyntf}�-64 P�� Be"No", Fl rida described on Exhibit"A" attached hereto and made a p �ereof(the "Gr44or Property��and �tor, WHEttPr� pursuant to the Development Agreement, will be imprc � ,,I $ eve r with a sid�ntial and/or mixed-use project, together with a parking strq" e(thee of ect d will��occupied by tenants to reside or conduct business therein; and AS, the te� orary parking spaces provided by this Agreement and a like Easement . Iment with 7KM BTS Central, LLC, a Florida limited liability company, are intended to sa the temporary parking which Developer may hereafter be required to provide to the City with reg ' `to the parking structure(the"South Garage")to be constructed upon certain property located irk oynton Beach,Palm Beach County,Florida described on Exhibit"B"attached hereto and made a part hereof(the"South Parcel")pursuant to the Developer's Agreement,without releasing or modifying any of Developer's other contingent obligations to provide temporary parking as referenced therein; and WHEREAS, Grantor and Developer desire to establish, create and grant for the benefit of, and as a burden upon, the Grantor Property, a temporary exclusive easement for use by City over {00390070.1 306-9905263} 1 Page 581 of 919 and across the portion of the Grantor Property as described in Exhibit "C" attached hereto and made a part hereof(the "Easement Property')for the purposes and upon the terms and conditions as set forth herein,for the benefit of City;the Easement Property,together with an easement across adjacent property owned by another affiliate of Grantor and Developer (the "Adjacent Property') or any alternative parking arranged at another location(any such location or locations, collectively, "Alternative Property") by Grantor with the consent of City (which consent shall not be unreasonably withheld), is intended to provide at least 300 parking spaces for use by the City as set forth in this Easement; and 041 NOW, THEREFORE, in consideration of the mutual covenants affill ments heretofore made, and in satisfaction of the requirement to provide temporary par k"ng under th4 Development Agreement, and for other good and valuable consideration, the receiP# nd suffi �� of which is hereby acknowledged by the parties hereto, Grantor and City l�eby a as follow 1. Recitals. The foregoing recitals are true and correct and aid,-, !, ere ' orporate� to this Easement by reference in their entirety. k,, 04, t$�', 2. Parking Easement. �� ' i� a. Parking Easement. Grantor a, Develop ereby'*elish, create and grant to the City a temporary, exclu ' ,, for ° ing on# �, arking areas constructed and existing from t '� to time ,n LI 14 �asem it Property (the "Parking Easement") Granr lishes, crea nd g� `` '� he Parking Easement for City to use, without,"°�ymen'` �; any fee o x argeb the Easement Property for the intended purposes set fo ',= this Eas' hent. For the avoidance of doubt, the Parking Easement or, lude Eas ent Property and does not include any right t I' ' ter u r any � , �"of the Grantor Property outside of the Eas ent Pksl'' , F OR b. ht to Modif ove or Relocate Parking Easements. Grantor and Developer 1 have. right ` rny time and from time to time, upon 90 days prior written k no pp to ,Todi��remove and relocate all or any portion of the Parking q : �� 1 ase describee�ern to another location with the consent of the City (which b ns t" not nreasonably withheld), within the Grantor Property (or to an 1�� xk ter native , , y owned by Grantor or Developer or to an Alternative Property q 'l , �'8rocurentor or Developer), Provided in all events that the City is provided r#�' e use of at least 300 spaces when taking into account spaces provided by or reel by Grantor, Developer, or their affiliates at the Grantor Property, the A ,` � nt Property, and any Alternative Property. c. Termination. The Parking Easement shall be terminated, upon at least ten (10) business days prior written notice, at such time as Developer or its affiliate has completed construction and obtained a certificate of occupancy of the South Garage or at such time as Grantor shall have provided (either itself, through one of its affiliates, or through a third party) alternative parking arrangements consented to by the City (which consent shall not be unreasonably withheld) until such time as the South Garage can be completed. Following termination of the Parking {00390070.1 306-9905263} 2 Page 582 of 919 Easement and conditioned on the availability of alternative parking subject to terms and conditions reasonably comparable to those set forth in this Easement, City shall cease using the Easement Property for parking, and the City will enter into an agreement terminating this Easement and all rights hereunder. d. No Assignment or Transfer. The Parking Easement may not be assigned or transferred by City. Any attempted assignment or transfer of the Parking Easement or any rights granted herein shall be null and void and shall be deemed a violation of the Parking Easement. t 3. Prohibited Use. The intended use of the Easement Prope is for par,'fig of typical passenger vehicles by City employees, their invitees, and the neral puY fil connection with business with the City or attending civic events the , ` 'dance of d '` ° , the City �� shall not use or park any heavy equipment, buses, recea ;anal ` -' les, or other ; ` rsized T' vehicles within the Easement Property. The City will use its�st e to prohib' 'for limit any use not consistent with the intended use. will nset , `° roperty jj�T�jj� to stage any civic or social events. City a1 using the Easement Property in violation of any law or for a ose or tha" Parking Easement. The City will establish and enforce reasona strictiassure that ilinors are permitted on the easement property only w acco 'ed by adult and that animals are prohibited on the easement pro whe ` leash ` her physical halter. The City will mark or sign the ways frog �� par 4r `,,dots t City facilities to enhance safety and minimize foot- ovement oa'�� djace` cantor or Developer properties. Subject to applicable rnme equire meri nd ,' provals, and with the consent of City (which consent shall"iit be urs' nably `�hheld), Grantor and/or Developer may post signs on the Grantor Pro y an ' 1, e Ea " ent Property setting forth the rules and restrictions for e Eas t ent Pr'� onsi stent with the terms of this Easement, and the pro pition= } � � js of t Grantor Property other than the Easement Propertyt, 1 4. Use, antor.+ ran or �� eveloper may continue to use the Easement Property and a ,i ther nto� operty for any lawful purposes that do not unreasonably wi e ease m ' rtghts granted herein, including the right to improve the ,� � easem areass' ich irr� vements may include parking, paving, sidewalks, lighting, �> dsca; g, gree �I€j! es recreational areas drive aisles for motor-vehicles, and c 'tion of the 'oe ct. City shall not interfere in any manner with Grantor's or ...y). J 1 Dev' r s operations and activities upon the Easement Property. 5. Mainten a. Definition of Maintenance Obligations. The term "Maintenance Obligations" means any and all obligations to maintain, safeguard, upkeep, operate, repair, replace and remove the parking areas so that the Easement Property and the Grantor Property remain reasonably safe for the parking of vehicles and the access to such vehicles by their operators. {00390070.1 306-9905263} 3 Page 583 of 919 b. City Duties. The City will keep the parking area free of debris. The City is responsible for the repair of any damage caused by the storage or operation of City heavy equipment, buses, recreational vehicles, or other oversized vehicles on the Easement Property. c. No City. The City has no duty to remove or pay for removal of the temporary parking improvements when the temporary use ends. d. Performance. Subject to Sections 5(a) and (b), Grantor a' Developer shall be responsible to perform all Maintenance Obligations a} asd 'fly necessary and reasonably required hereby on or at the Easement Pro rty. e. Standard of Care. To the extent required to bei�erfo; . d by each a parties hereto as set forth in this Easement, all Maintea' Obh ons shall beormed in a good and workmanlike manner, and in coin p} rice, 11 respects ith all applicable laws, rules, regulations an aances of� rgov � �thorities t�r # "I1; having jurisdiction over the Granto,�rop �e� nt Property. 6. No Duties of Grantor or Developer. Keit rantor Developerhall have any duty to City whatsoever with respect t he Par �YEas0 t or the Easement Property, including no duty to provide�� se what fir, except infrastructure �� R' �{ .y.iV maintenance as required by nd subs ec hos itati s set forth in Section 5. Furthermore, neither Gra ter ' eveloper " hav duty to City or any of City's employees, agents, co r c tors, i. ts, or invi �� to 'ovide security or to monitor the Grantor Property °rth aent� rtY in$ stro protect against ny person ortosafeguard oiProtectanero P ertYof any such artiesNeither ehicl " Grantor nor D 11 ha �ny lid Whatsoever for any injury to any person or for an los toles erty City or any of City's employees, agents, contract ; gu is or $� iteeS. ,City s employees, agents, contractors, guests, and invite 14 ssume 1 risk o � ury to any person and loss (including,but not limited to theft) and�� to an, f their � ective vehicles or other personal property, and City, on its beha�� i�� bhal of'�':FY's employees, agents, contractors, guests, or invitees, sry � ho �� antor an 0 eloper harmless from and against any and all damages in 01,a onne j wit e Pa, ' ' Easement including, but not limited to consequential ing �� age 'aris � `�;t ectgo the matters set forth in this Easement.Neither Grantor nor D"'''� ` = ` er shall hav' any obligation to assist (or to cause their employees or agents to assis ` ' y in collecting and/or removing any vehicles or personal property of City or other Party fry he Easement Property after the Parking Easement has been terminated. Any vehicles o ig sonal property left on the Easement Property after termination of the Parking Easement 'all be deemed to have been abandoned, and Grantor or Developer may remove any such vehicles or personal property from the Easement Property without any obligation to account to City or any other party with respect thereto. 7. Indemnification. City agrees to indemnify and hold harmless Grantor, Developer, and their respective members, managers, lenders (including any lender with a mortgage upon the Grantor Property), attorneys, employees, and agents (the "Indemnified Parties") from and against any damage, cost, or liability to the Indemnified Parties or the Indemnified {00390070.1 306-9905263} 4 Page 584 of 919 Parties' property (including the Grantor Property) caused by the use of the Parking Easement granted herein or the exercise of any rights granted in connection with the Parking Easement,unless such damage, cost or expense was caused by a failure of Grantor or Developer to maintain the infrastructure as required by Section 5 or the negligence or willful misconduct of the Indemnified Party. Nothing in this paragraph shall be interpreted as a waiver of City's sovereign immunity or the limitations of liability set forth in Sec. 768.28, Florida Statutes. 8. Default. f a. Default. If City shall be in default under any of the o igations ap cable to it as set forth in this Easement for 72 hours after receipt o �ritten nopi� default(or such lesser time in the event of an emergency), ven IGrantor or oper, or if such default shall be of such a nature that tie ' e c' t practicablcured within such 72 hour period and City shall not wit' 11 su ,t iod com s ce the curingof such default and thereafter w111,t#1111, ili ence" m _ of such default, then Grantor and/or Develiro ate steps to cure such 141default. City shall following. deman�1! ( 1 e accompanied by appropriate supporting documentati{ ' ' .$reimb'i riR e the Granto and/or Developer for the City's share of they Its anc f ensessonably paid or incurred by 4 - Grantor and/or Develop �� 'a Qise ch OJO � x H u, a b. Standard of Care � ' Hel A n � s �� ',Ie Grantor or Developer shall } Perform or cau�; ` be P ,r 11'1ed self-help and cure rights under this Section 8 sha a'e per d with t ', same standards of care, diligence and workmanship as if su �acts eing� " rformed or caused to be performed by City p� , t obli, *ons or t �iereunder. 9. Esto a t erf'ficate.` City s aout charge, at any time, and from time to time, withi n (10) days afte% equest therefor, certify by written instrument duly executed, ac kr o ed 1,11[,4 elivei-A. o or for the benefit of any existing or prospective tenant or ` ee cif the�11Gra r Property (or any portion thereof), specify: a. ' at thi�� unmodified and in full force and effect (or if there has been �� othe Easement is in full force and effect as modified and stating a modificall'n); b. 4 thv or not there are any existing defaults under this Easement and if so spe} i ging such defaults; and c. Such other pertinent information as the requesting party may reasonably request. 10. Insurance. City, at its sole expense, shall maintain a reasonable program of self-insurance or shall otherwise obtain insurance coverages, as described in Exhibit"D", with admitted insurers authorized to do business in the State of Florida and which are rated "A-/VIII" or equivalent in Best's Key Rating Guide, or any successor thereto(or if there is none, a rating organization having a national reputation); upon Grantor's or Developer's request, City {00390070.1 306-9905263} 5 Page 585 of 919 shall provide to Grantor and Developer a copy of each such policy or a certificate of insurance. Furthermore, any policy of insurance maintained by City in connection with the Easement Property shall provide that written notice shall be given to all insured parties, additional insured parties, and holders of certificates of insurance at least thirty (30) days prior to suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage. Subject to applicable law, in no event shall the limits of any insurance policies (or the City's election to self-insure as to any risks in connection with the Easement Property)limit the liability of City under this Easement. 11. Miscellaneous. a. The intended and primary use of the Easement Propel&is for Cii loyee, City invitees, and general public parking, and such A."Will e priority o ' her uses unless a like number and quality of alternativerki ;# ' ,} rovided at� �� cation reasonablyagreed to b the Cit in accordance w thea , of this F: ement. The exercise of the rights and privile fb g p i, nted her sh ' I,� �� ised in a manner which does not unreasona 1 i sru t t,e normal use Y � � 1, x p business or occupation of the PrQ, or any rove° ted or to be located on the Grantor Property or the Ease Prope� I, , b. All provisions of this E the ant rihereunder shall run with the land and shall b :g ' ding up ' ntor '` its ''ccessors and assigns. The Grantor Property Os {reafter be '' , solnveyed operated and leased subject to the ements frictions, c nant �and conditions contained in this Easement. 1 c. All no ds retests or ommumcations required hereunder shall be ig�kwritm ervice elvia r, ogniz express courier (such as FedEx or United P 14, r via �tates registered certified mail postage prepaid burn reel ipt req ted, addressed to each party hereto, as the case may be, at the ass fid hereina ve provided or such other address as any party may from kry '"tf ifi a Al . tl 7 e csig ate i G meriting to the other. 111411, is Ea°` nt sh �' e governed by and construed in accordance with the laws of �� z State I�. Venue of an litigation or administrative proceeding shall be Y g P g ° ,� � '11 exclusively i,. palm Beach County, Florida. The prevailing party in any litigation 'sing from the terms of this Easement shall be entitled to recover its reasonable ine .s' fees, both at trial and on appeal, as well as court costs, from the non- pr eY ing party. e. The captions used in this Easement are solely for the convenience of reference and shall not in any way limit or amplify the terms and provisions hereof. f. This Easement may be executed in counterparts, each of which will be deemed an original as against any party whose signature appears hereon, and all of which shall constitute one and the same agreement. {00390070.1 306-9905263} 6 Page 586 of 919 g. This Easement may not be terminated, modified or amended except as provided herein or as otherwise agreed to in a written document executed by the parties hereto or their respective successors in interest. h. Any invalidity of any of the terms and conditions or provision of this Easement by judgment, court order or otherwise shall not affect any of the other terms, conditions or provisions of this Easement. i. A like Easement Agreement will be executed conterm aneously with this Agreement by the parties to address additional tempo pafig on JKM BTS Central, LLC property. j. City shall not be liable or responsible to Gr for b{' nd the molimits specified in Ch. 768.28, Fla. Stat., regardlessIo ''�. eth d liability b` ' '� sed in tort, contract,indemnity or otherwise; and in no eve&jt hale' ;pe liable t i rantor for punitive or exemplary damages or rofits o' o{ nsages. [SIGNATURES AND ACKN9 EDGNON THE FOLLOWN GES] A ok "Pall" iqq' � W"� rip {00390070.1 306-9905263} 7 Page 587 of 919 IN WITNESS WHEREOF, the parties hereto have executed this Easement as of the day and year first written above. Grantor: Signed, sealed and delivered in the presence JKM BTS North, LLC, a Florida limited of: liability company Witness #1 By: JKM BTS r i lapital, ',LC, a Florida limited li 'ility compa ", its Printed Name: Manager , �� i frrk� 4�#rid ix}Pf�it € y. � (i Witness #2 A P. anM ! er ' Printed Name: a g " Oil!!� 10511 STATE OF FLORIDA COUNTY OF PALM BEACH4r ,' IN �' The foregoing instrument was ackged before" ,k'by orf El physical presence or El online notarization, this of A ° t 2020, byjr am Freedman, as Manager of JKM BTS Capital, LLC, a Florida fimf'S liabi ompany ; Manager of JKM BTS North, LLC, a Florida limited liability company, on� half of h co 4 , ny, who (j is personally known to me or(�produced '§ `£ ,.. F�4 as identification. p ��} � '�14 ,Ci NOTARY PUBLIC, State of Florida ,� `tea �1 �� ' fir, Print Name , fax 1t4 My Commission expires: Serial No.: 1p 4(py i i'y (SEAL) rip. {00390070.1 306-9905263} 8 Page 588 of 919 Developer: Signed, sealed and delivered in the presence of: JKM BTS Capital, LLC, a Florida limited Witness #1 liability company Printed Name: By: Adam P. Free „ !Tanager Witness #2 �; ? Printed Name: k : '7i"'i1� II1 STATE OF FLORIDA g } � ',,, COUNTY OF PALM BEACH �}}# The foregoing instrument was acknowledged befo�i } a by m� s of ❑ physical presence or ❑ online notarization, this day of Au 020, b�'! } am P.'- edman, as Manager of JKM BTS Capital, LLC, a Florida limited ny ' ehalf 11#dch company, who (� is } personally known to me or (� duced 'x � as identification. Aidk4''i � } 0 My Commission expires: 09, }� Serial No.: �� (SEAL) �k�r,Uk �o {00390070.1 306-9905263} 9 Page 589 of 919 Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH,FLORIDA, a political subdivision of the State of Florida Witness #1 Printed Name: By. Steven B. Gr}p`o711$, #yor Witness #2 Printed Name: Attest:�iik{ s} 4{I{ k k �ik r STATE OF FLORIDA , t 1,5111111 to '#` ; COUNTY OF PALM BEACH { }�}r�� i; t k r {{{ c The foregoing instrument owledged re m 14neans of ❑ physical presence or El online notarization, this ��, day o ust, 202 Steen B. Grant, as Mayor of the City of Boynton Beach Florida a poli' 1 sub �on oft State of Florida who (� is personally �k� �{"��i�k k 7 known to me or(�pro ed as identification. {{}},, "01 of } FT eal , { ] Notary Public ��{ U�� Printed Name: � � ��? My commission expires: 0 {00390070.1 306-9905263} 10 Page 590 of 919 EXHIBIT "A" LEGAL DESCRIPTION OF GRANTOR PROPERTY Parcel 2, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida. If lip 1110'S 4' s� U (Mi 110 3 � if 04 at fit golff ,k{ PiA '1710 1 r i� 4 0,t 0 - {00390070.1 306-9905263} 1 1 Page 591 of 919 EXHIBIT `B" LEGAL DESCRIPTION OF SOUTH PARCEL Parcel 7, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida. A� 1110 „ 'Sip f R, P � 0 �t � ��i�� f f",, Ilk ) iFk r �Y�C ' S #r�o�s)tdl}i't,i{llq�"' �ii,IN �i r ' {00390070.1 306-9905263} 12 Page 592 of 919 EXHIBIT "C" LEGAL DESCRIPTION OF EASEMENT PROPERTY A parcel of landing being a portion of Parcel 2,BOYNTON BEACH TOWN SQUARE, according to the Plat thereof as recorded in Plat Book 127, Page 1 of the Public Records of Palm Beach County, Florida. Being more particularly described as follows: Commencing at the Southwest corner of said Parcel 2; Thence North 00°20'03" West (as a basis of bearings) along the West mosWest line of said Parcel 2, a distance of 30.30' to the POINT OF BEGINNING; M �� : Thence continue North 00° 20' 03" West along said Westernmost W line, a is of 24.00 l#, feet; a ti x „ 91 Thence North 89°40'29" East, a distance of 29.40 feet to a point 1 5 t East of a parallel with (as measured at right angles)the Easternmost West line of sai �, rce'1 Thence North 00° 19' 56" West along said parallel lin �� of 284 00 feed; Thence North 89° 40' 29" East, a distance of 247.13 eet �'' }'"r'1��1iii ai �, 0 !� § � t Thence North 00° 19' 31" West, a distance of 16 � et to a� ,nt being o ie North line of said Parcel 2; Thence North 89° 16' 40" East along said N, ne, a n of�a `� feet; r c Thence South 00° 19' 31" East a distanc tot int o r�,urvature of a circular curve to the right; 5 �]{@_ { tit {7� Thence Southerly and Westerly alj,' ' � soll"',', f saidcA",,a hav, g a radius of 40.00 feet, a central angle of 67°19'05 for a distance 47.0 �Thence South 00° 19' S6" East a dunce09 fI e Thence North 89° 40' 29" East, a diste of 1' f{ r et to a point being on the East line of said Parcel 2; �� }1 Thence South O1° 2t E� alo��'�� ?'ri line, a distance of 24.00 feet; Thence South 89°0 ' f4-- Wes distance of 1 .11 feet Thence South 20' 03 , ast a ,ance of 20.37 feet; 06, Thence Soutli8i, 57 st a dis�' e of 56.71 feet; Thence 00f East a 'stance of 9.86 feet Then �ou' 7; .:° 39 41 ,{„West #.� ,istance of 71.32 feet; Not&' prod ing th'` �es and distance coinciding with the Southern limits of said Parcel q 2Ja' r° Thence No , X00 20' 03” f est, a distance of 30.25 feet; Thence South 40' 29" West, a distance of 303.76 feet to the POINT OF BEGINNING. Said lands situat " ng and being Section 28, Township 45 South,Range 43 East, City of Boynton Beach, Palm Bead County, Florida. Containing 1.89 acres more or less. t00390070.1 306-9905263} 13 Page 593 of 919 EXHIBIT "D" Insurance Coverage Automobile Liability Bodily injury and property damage liability covering all owned, non-owned and hired automobiles for limits of not less than $500,000 bodily injury each person, each accident and$500,000 property damage, or $500,000 combined single limit each occurrence/aggregate. Commercial General Liability Bodily injury and property damage liability as shall protect thelty or ntor from c � s of bodily injury or property damage which arise from the use of fiAserri' The amoun' of such insurance shall be $2,000,000 per person, $2,000,000 per occurrenc& nd ' e ate limit of$5,000,000.00. This insurance shall include coy rod�i�/comp ed operation personal injury liability and contractual liability assteed 1 4' � � `' '� provision of this Easement. 4 ,C �. Workers' Compensation Insurance Meeting the statutory requirements of s,t orida and� � yer � ��ity of$1,000,000 per accident limit, $1,000,000 disease per polic �i �1,000,000 � �ease ch employee limit, providing coverage for employees and ow Professional Liability Insurance �1�� In an amount of notj"sthari (� r �Clasm and $2,000,000 aggregate. , i# PiA '171, } 41 } a t00390070.1 306-9905263} 14 Page 594 of 919 CONSENT TO EASEMENT BI 58 LLC, a Florida limited liability company ("Mortgagee"), is the holder of that certain Mortgage and Assignment of Leases and Rents, recorded in Official Records Book 31110, Page 1715 of the Public Records of Palm Beach County, Florida (the "Mortgage"), upon the Property described therein. Mortgagee hereby consents to the granting of the covenants, restrictions and easements set forth in the foregoing Easement as described in the foregoing instrument. IN WITNESS WHEREOF, Mortgagee has executed this Cons,, � to Easement this day of August, 2020. �� " BI 58 LLCJ1 � � t a Florida lir'i 3o. abi j � ompany 6� at st, }�I� i��'�7a�477f��8'&��##�k� Signed, sealed and deliveredI'}{ ��tt. ' B { { 11 ,til 041.1(4141.11141014 tft e: { o It S', u Witness Print Name �k' , V? 0 04 Witness Print Name ,{lI1lEa� if STATE OF FLOR i{ COUNTY OF l J mJ The forego trun� iwas ac ledged before me by means of ❑ physical presence or ❑ Yf��="''��{�+�{�;�(�iy+. �� Y�{.';.� lit„• online n ,rizat� � his ��;; , day ugust, 2020 by as of BI 58 i Flo ` limite' i 1O�ity company, on behalf of such company, who (� is personally known to�A � '`produced .,f��' as identification. Notary Public My Commission expires: t00390070.1 306-9905263} 15 Page 595 of 919 12.B. LEGAL 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Proposed Resolution No. R20-122 -Approve and authorize the Mayor to sign a Quit Claim Deed transferring the City of Boynton Beach property located at 1102 N. Federal Highway, Boynton Beach, FL to the Boynton Beach Community Redevelopment Agency (CRA). Explanation of Request: On October 1, 2019, the City Commission authorized the City Attorney to file a foreclosure lawsuit for the Property located at 1102 N. Federal Highway, Boynton Beach, FL 33435, a non-homesteaded and vacant commercial property, which had accrued more than $800,000.00 worth of code and lot mowing liens. On August 19, 2020, the City Commission approved a Settlement Agreement between the City of Boynton Beach and the Property Owner Eckols '76 LTD and Eckols '86 LTD. The executed Settlement Agreement included a Deed in Lieu of Foreclosure. On October 15, 2020, the Warranty Deed was recorded in the Public Records of Palm Beach County (OR BK 31823 PG 608). This Property is located within the Community Redevelopment Agency (CRA) and immediately adjacent to another CRA-owned property. The Transfer of this property to the CRA will further promote the goals and objectives of the City. Property Details: Address:1102 N. Federal Highway PCN: 08-43-45-21-32-002-0201 How will this affect city programs or services? N/A Fiscal Impact: Non-budgeted Alternatives: 1. Retain possession of the Property. 2. Sell the Property. Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Page 596 of 919 Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution transferring 1102 N Federal Hwy to the CRA D Attachment Quit Claim Deed for 1102 N Federal Hwy from City to CRA Page 597 of 919 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 Page 598 of 919 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 Page 599 of 919 This Instrument was Prepared by: Heather Needelman,Esquire GOREN, CHEROF,DOODY&EZROL,P.A. 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale,Florida 33308 PIN: 08-43-45-21-32-002-0201 QUIT CLAIM DEED THIS QUIT CLAIM DEED made this day of October, 2020 between the City of Boynton Beach, a Florida municipal corporation, whose post office address 100 E. Ocean Avenue, Boynton Beach, Florida 33435, (hereinafter referred to as "Grantor") and Boynton Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S whose post office address is 100 E Ocean Ave 4th floor, Boynton Beach, FL 33435 (hereinafter referred to as "Grantee"). "Grantor" and "Grantee" are used for singular or plural, as context requires. WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00)in hand paid by Grantee, receipt whereof is hereby acknowledged, has granted, bargained and quit-claimed to said Grantee and Grantee's successors and/or assigns forever the following described real property situate, lying and being in PALM BEACH County,Florida, to wit: That Part ofLots 20, 21 and 22, Block 2, LAKE ADDITION, a subdivision of the City of Boynton Beach, Florida, according to the Plat thereof, on file in the office of the Clerk of the Circuit Court, in and for Palm Beach County, Florida, recorded in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida, described as follows: BEGINNING at the Southwest corner of Lot 20, Block 2, LAKE ADDITION, run easterly along the south line of said Lot 20, a distance of 122.S feet to a point; thence Northerly at right angles to the South line of said Lot 20, a distance of 131.7feet, more or less to a point in the North line ofLot 22, Block 2,LAKEADDITION; 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 ofLots 22, 21 and 20 to the point of beginning, subject to existing right-of-way of U.S. Highway#1, (State Road #S), less the North sixty-six (66)feet thereof as measured at right angles to the North line of the above-described parcel; TOGETHER with all improvements thereon and fixtures therein. {00407634.1 306-99054341 Page 600 of 919 To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title interest, lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of said Grantee forever. IN WITNESS WHEREOF, Grantor hereunto sets Grantor's hand and seal the day and year first above written. Signed, sealed, and delivered CITY OF BOYNTON BEACH,a Florida in the presence of municipal corporation Witness By: Steven B. Grant Title: Mayor (Print Name) Witness (Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of online notarization or physical presence this day of November, 2020 by Steven B. Grant, as Mayor of the City of Boynton Beach, on behalf of the City, who is personally known to me or has produced a Florida Driver's License as identification. NOTARY PUBLIC t00407634.1 306-9905434} 2 of 2 Page 601 of 919 12.C. LEGAL 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. (Tabled from the September 15, 2020 Commission meeting.) Explanation of Request: The City owns approximately 14.7 acres of land commonly referred to as the Nickels Blvd property. The land is undeveloped and outside the City boundaries. It is currently governed by Palm Beach County Land Development Regulations. On November 5, 2019, the City Commission was presented with a Letter of Intent from Pulte Homes to purchase the 14.7 acres. Following negotitions with Pulte, the City Commission approved a Purchase and Sale Agreement but the Agreement has not been signed. Subsequent to the City Commission approval of the Purchase and Sale Agreement the City Manager received a Letter of I ntent from Mallorca Isles, LLC., for the purchase of the same property. The City holds a $10,000 good faith deposit from Pulte Homes. Direction is sought as to whether the City Commission wants to proceed with the Purchase and Sale Agreement with Pulte Homes for $2,275,000.00, in which case the Mayor can sign the Agreement or, authorize the City Manager to further explore the Mallorca Isles LOI option and notify Pulte Homes that the Purchase and Sale Agreement is being held in abeyance. If the Commission does not want to proceed with the Purchase and Sale Agreement with Pulte Homes, a motion to rescind Resolution R20-087 must be made and adopted. How will this affect city programs or services? n/a Fiscal Impact: n/a Alternatives: Explore alternative marketing strategies to sell the City's 14.7 acres. Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Page 602 of 919 Grant Amount: ATTACHMENTS: Type Description D Letter Mallorca Isles Letter of Intent D Letter Pulte Homes Letter of Intent Minutes of the August 19, 2020 City Commission D Minutes Meeting discussion on Purchase and Sale Agreement with Pulte Homes D Agreement Purchase and Sale Agreement for Nickels Blvd with Pulte Homes D Attachment Section 2-56(c) Sale of Real Property D Attachment Appraisal from Anderson Carr Page 603 of 919 Centennial Management Corp. 7735 NW 146 ST Harris Lakes, FL 33016 (305)821-0330 Fax (305)821-0402 LETTER OF INTENT TO PURCHASE REAL PROPERTY 8/20/2020 Property: 15.026 AC Parcel Control Numbers: • 00-43-45-19-00-000-3010; • 00-43-45-19-03-006-0080; • 00-43-45-19-04-006-0250; • 00-43-45-19-04-008-0200 To Whom It May Concern: This shall serve as a letter of intent to purchase the above referenced property. This is not intended to and shall not be construed as creating a contract between the Buyer and the Seller. Only a firlly executed agreement for purchase and sale of the property shall serve to bind the parties. 1) Buyer: Mallorca Isles, LLC 2) Seller: City of Boynton Beach,Florida 3) Price: $3,185,000.00 based on the approval of 90 lots 4) Deposits: A FIFTEEN THOUSAND DOLLAR($15,000.+60) refundable deposit due three(3) business days following the execution of the Contract. A FIFTEEN THOUSAND DOLLAR($15,000.00)non-refundable deposit due five(5)business days after expiration of the Investigation Period A ONE HUNDRED TWENTY-FIVE THOUSAND DOLLAR($125,000.00) refundable deposit due five(5)business days after expiration of the Investigation Period 5) Due Diligence: 30 Days frons execution of Contract. 6) Property condition: Property is being sold"AS IS"with Seller making no representations and no warranties concerning the property. 7) Financing: N/A(Cash deal) 1 Page 604 of 919 8) Closing: The closing(the "Closing") shall be held at the offices of Escrow Agent, by "mail away" closing or such other location as may be mutually agreed to by the parties upon the earlier to occur of thirty(30)days after the expiration of the Due Diligence period. 9) Brokers: Buyer and Seller represent and warrant to each other that each has not dealt with any broker, agent or similar person in connection with this transaction. 10) Exclusivity: Upon full execution of this Letter of Intent, Seller hereby agrees not to enter into any agreement, binding or otherwise with any other prospective purchaser for the Property. 11) Liens: Seller shall deliver the Property free of liens and at least ten(10)days prior to closing. If this Letter of Intent is acceptable, purchase contract shall be prepared by the Buyer's attorney. This offer will stay in effect untij,-Sprn of August 31, 2020. Sincerely, l Buyer: x mdfloreafiq'es, LC/ By/- Le,Msj,Sw4y lit Seller: Agreed and accepted this day of 2020 CITY OF BOYNTON BEACH,a Florida municipal corporation By: Name: Title: 2 Page 605 of 919 City of Boynton Beach—Nickels Blvd. November 18,2019 TO: Colin Groff, P.E,Assistant City Manager,City of Boynton Beach Subject: City of Boynton Beach-Nickels Blvd.1,0I This letter is to serve as a Letter of Intent(LOI) for Pulte Group to enter into contract negotiations to acquire+/- 14.7 acres of property known as the Nickels parcels,located in Boynton Beach, FL. Pulte Group has maintained the highest cash and lowest debt ratios amongst our peers through the ups and downs of the housing cycle. Our company has the capital to complete this transaction and we will not include any 3rd party lending approvals as part of our offer to purchase. Pulte understands there is a deed restriction and will bear all the costs of getting the deed restriction removed as well as the entitlements.We are prepared to work with all parties to resolve the deed restriction quickly. The general parameters for the proposed transaction are attached. Pulte agrees to work with the City of Boynton Beach to allow for the property to be annexed into the City at such time it become contiguous with the City limits. We look forward to hearing from you and want to assure you we are prepared to act quickly in working to arrive at a mutually acceptable contract. Respectfully, Pulte Group Awsm ft" Andrew Maxey VP of Land Acquisition Southeast Florida Division Cc: Brent Baker, Division President, Pulte Group Cc: Eliot Goldstein, Land Acquisition Analysts, Pulte Group (00344094.1306-9001821) 4400 PGA Blvd.,Suite 700 Palm Beach Gardens,FL 33410 Page 606 of 919 *Pu Ite i J i City of Boynton Beach—Nickels Blvd. 1. Property Description: The property consists of +/-14.7 acres of land located in Unincorporated Palm Beach County,off Nickels Blvd,as shown below: f i a§.lyt i. L m 1 .d '-...iF:dkrv�RO"w#4'eta°ter PCNs: 00-43-45-19-00-000-3010,00-43-45-19-03-006-0080, 00-43-45-19-04-006-0260,00-43-45-19-04-008-0200 2. Price Determination.The purchase price for the property is estimated to be $2,275,000 calculated based on an assumed entitlement of 91 Units. 3. PSA: Both parties agree to work together to execute a mutually acceptable contract within(60) sixty days after the parties execute a mutually acceptable LOI. 4. Deposits. First Deposit: $10,000 (Cash) Deposit is due within five (5)business days after the parties execute a mutually acceptable LOI and is non-refundable.The First Deposit is to be creditable against the total Purchase Price at Closing. Second De osit: Upon the end of the Inspection Period,Buyer will deliver,within five (5) business days,an additional$10,000 in cash directly to the seller and an additional deposit of$94,000 to Escrow Agent. The Second Deposit is to be creditable against the total Purchase Price at Closing. S. Inspection Period. Pulte will require 90 days from the signing of the contract in which to investigate the property at Buyer's expense.Pulte will have the right to buy(1) 30- day extension to closing by paying$5,000 in cash directly to the seller.The payment will be non-refundable but applicable to the purchase price. 6. Entitlement Period. Following the expiration of the Inspection Period and notice to proceed from buyer,Pulte shall have a period of 12 months to obtain the necessary entitlements to develop the property.Pulte will have the right to buy(1) 3-month (00344094.1306-9001821) 4400 PGA Blvd.,Suite 700 Palm Beach Gardens,FL 33410 Page 607 of 919 *Pu Ite City of Boynton Beach—Nickels Blvd. extension to closing by paying$20,000.The payment will be non-refundable and not applicable to the purchase price. a. Pulte will bear all the costs of getting the deed restriction removed as well as the entitlements. 7. Closing Schedule. Pulte shall close within 30 days of fulfillment of closing conditions or Entitlement Period termination date (whichever is earlier). 8. Conditions to Close. a) Palm Beach County revoking the deed restriction to allow for residential uses b) City of Boynton Beach vacating the existing ROW c) Final DRO site plan approval (non-appealable form) for a minimum 91 units d) Technical Compliance of Preliminary Plat and Construction Plans e) ERM Lake Excavation Permit f) LWDD Permit g) SFWMD ERP Permit This letter is not intended to create legal commitments binding upon either Pulte or the Seller. Said parties shall become legally bound only if and when they execute a mutually acceptable contract. If the foregoing is acceptable,please indicate your approval by signing this letter in the space provided below and return one signed copy to Pulte at the address shown on this letterhead. Upon receipt of the acceptance,Pulte will commence preparation of a mutually acceptable written contract. Agreed and Accepted: By:. Seller Date: 100344094.1306-9001821) 4400 PGA Blvd.,Suite 700 Palm Beach Gardens,FL 33410 Page 608 of 919 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 other co-working spaces or incubator spaces, creating one and making it affordable and making it right here within the Town Square within the downtown, attracts all those things. This helps to expand the city's vision and where the city is trying to go. She is 100%, maybe even more in favor of what is being done and the direction and trajectory that she believes it will take the residents and the community in the near future. This is just one more step towards that process and would not do anything to deter from that. She said she provided the information because she believes it is relevant. B. Discuss direction to City staff for the 2021 International Kinetic Art Exhibit and possibly consider Resolution No. R20-086 - Authorizing the City Manager to sign a proposal and purchase order for Zucker& Lewis Media Group, LLC to manage and promote the event, currently scheduled for February 6-7, 2021. (Heard earlier in the Meeting) C. Presentation by Staff on the parameters of SHIP and CDBG programs to provide home ownership assistance for residents. (Heard Earlier in the Meeting) 10. Unfinished Business (none) 11. New Business- None A. Proposed Resolution No. 20-087-Authorize the Mayor to sign the Purchase and Sale Agreement with Pulte Home Company, LLC., for a City owned parcel known as the Nickels property. Mayor Grant read the proposed Resolution No. R20-087 into the record by title only. Mayor Grant asked about the timeline. What are the time dates for funding? Colin Groff, Assistant City Manager, responded the Pulte Group has already deposited a down payment to help cover the city's legal costs. Noted the deposit is nonrefundable. As of today, if the resolution is authorized, the Pulte Home Company, LLC will have 90 days to collect information on the land; this is called due diligence. Once this is done, they will have 360 days or one yes to receive all development approvals. Once the Pulte Home Company receives all the development permits, at that time the property will close and the remaining balance must be paid to the city. Mr. Groff stated the money that they're paying upfront is non-refundable, that covers our costs. If they terminate the contract, you know the purchase and sale sometime before they close, they carry all the cost. If the city chooses to, after the 90 days the city chooses not to follow through with the contract, then the city would be responsible for the cost. Staff recommends approval of this, because the property, again, as you all are aware, is outside the City limits. It will have annexation agreements in place, when such time it can be annexed it will be. They will also be water and sewer customers' revenue. 22 Page 609 of 919 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 Motion Vice Mayor Penserga moved to approve Resolution No. R20-087. Commissioner Katz seconded the motion, which passed unanimously 12. Legal A. 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. Mayor Grant read the proposed Resolution No. R20-088 into the record by title only. Attorney Cherof stated this is a settlement offer in a foreclosure action. The City has liens on the property in the $850,000 range. The property is worth in the $250,000 range. The defendant, Eckols'76LTD and Eckols 86, has decided that would rather settle the case than to litigate. The subtle end result would be the city would own the property. The property is free and clear of any encumbrances, and the city is encouraged to take it on that condition. Mayor Grant said he believes it would have other encumbrances. Attorney Cherof indicated the city title search indicates the property does not have any encumbrances on it. Mayor Grant asked other than the City liens? Attorney Cherof stated that was correct. Those liens would be merged into our ownership, and the lawsuit for foreclosure would be dismissed with prejudice. Mayor Grant asked if the city would receive a quick claim deed or a warranty deed. Attorney Cherof responded the city would receive a Warranty Deed. Motion Commissioner Katz moved to approve Resolution No. R20-088. Vice Mayor Penserga seconded the motion, which passed unanimously. Mayor Grant announced some sad news regarding the Grand Marshall for 2017, Enrique Zanada passed away, CEO of the Soup Kitchen on West Boynton Beach Boulevard. Mayor Grant indicated he spoke with staff regarding the Urban Tree Canopy Study and requested a discussion regarding ways of funding for sustainability of trees, a tree fund for developers, a utility sustainability program and a memorial tree fund. He heard the city had it on the books. Lori LaVerriere, City Manager, stated the City received donations sporadically in the past. Set up a 691 fund and there is no balance. Indicated the structure is ready to accept 23 Page 610 of 919 AGREEMENT FOR PURCHASE AND SALE THIS AGREEMENT FOR PURCHASE AND SALE (this "Agreement") is dated as of the Effective Date (as defined in Section 27) and entered into by the City of Boynton Beach, Florida, a Florida municipal corporation ("Seller"), and Pulte Home Company, LLC, a Michigan limited liability company, and/or its assigns ("Buyer'). BACKGROUND: A. Seller is currently the owner of certain parcels of real property containing approximately 15 acres in the aggregate, located in unincorporated Palm Beach County ("County"), Florida, and which is more particularly described on Exhibit"A" attached hereto and made a pant hereof("Land"). The legal description of the Land shall be subject to verification by a survey prior to the expiration of the Investigation.Period, as defined in Section 4 herein. B. The Land is being acquired with the primary intent of developing a residential community containing a minimum of ninety-one (9 1) single-family residential units, together with associated amenities,parking and other property features (the"Buyer's Intended Use") C. The parties to this Agreement have agreed to the sale and purchase of the Property on the terms and conditions which are set forth in this Agreement. AGREEM ENT: 1. Purchase and Sale. Subject to all of the terms and conditions of this Agreement, Seller will sell to Buyer and Buyer will purchase from Seller the Land, together with all appurtenances, rights, easements, and development rights of way incident thereto, including, without limitation, the following(collectively, with the Land, the"Property"): (a) All easements, rights of way, privileges, licenses, appurtenances and any other rights, privileges and benefits belonging to the owner of, running with title to, or in any way related to,the Land, if any; (b) All land use rights or other consents, authorizations, variances, waivers, licenses, permits, vested concurrency rights, approvals, development orders, or any other approvals issued or granted by or from any governmental authority with respect to the Land, if any; (c) All percolation, soil, topographical, traffic, engineering and environmental reports, appraisals or studies in the possession or control of the Seller, and all riparian, littoral rights,title to submerged lands and other water rights related to or benefiting the Land, if any; (d) All existing rights to sewage treatment capacity, potable water capacity, utility mains, service laterals, hydrants, connections, hood-ups and valves located on, or adjacent to, and servicing or available to service the Land; i I 100391/542 30Cr9903441) WPBDo1us 10386778 6 Page 611 of 919 (e) Any and all other agreements, contracts, covenants, variances and rights, benefits and privileges, and all other intangible rights of Seller related to or benefiting the Land, if any, including the prospective abandonment of unwanted casements or rights of way. 2. Purchase Price. (a) Purchase Price. The total purchase price for the Property is TWO MILLION TWO HUNDRED SEVENTY FIVE THOUSAND and No/100 Dollars ($2,275,000.00) ("Purchase Price"). (b) Initial Deposit. Buyer has previously delivered to Seller a cash deposit in the amount of TEN THOUSAND DOLLARS ($10,000.00) ("Initial City Deposit") following the execution of a Letter of Intent relating to the purchase of the Property. (c) Additional Deposits. Within five (5) business days after the expiration of the Investigation Period, Buyer shall (i) deliver directly to Seller an additional cash deposit in the amount of TEN THOUSAND DOLLARS ($10,000.00) (the "Additional City Deposit" and, together with the Initial City Deposit, the "City Deposits"), and (ii) deliver an additional cash deposit to Goren, Cherof, Doody & Ezrol, P.A., as escrow agent ("Escrow Agent"), in the amount of NINETY FOUR THOUSAND DOLLARS ($91,000.00) (the "Escrow Deposit", and together with the Additional City Deposit, the"Additional Deposits"). Escrow Agent shall hold the Escrow Deposit in a federally insured escrow account. (d) Treatment of Deposits. The Initial City Deposit and the Additional Deposits, together with all interest earned on them, are collectively referred to in this Agreement as the "Deposit", as applicable, and the Deposit shall be fully applied to the Purchase Price at Closing. Upon payment, the City Deposits shall be non-refundable to Buyer except in the event of a Seller default tinder this Agreement or under the circumstances expressly set forth in Section 5(a). (e) Payment of Purchase Price. At the time of Closing, the Buyer will pay to Seller by wire transfer of funds the balance of the Purchase Price as adjusted for prorations and adjustments as set forth in this Agreement. 3. Title Insurance; Survey. (a) Title Commitment. Within fifteen (15) calendar days from the Effective Date, Buyer shall, at its sole cost, obtain an ALTA title insurance commitment with respect to Property ("Title Commitment") (accompanied by electronic copies of all docurnents affecting the Property and which are set forth as exceptions therein), issued by any major national title insurance underwriter selected by Buyer (the "Title Company"). The ALTA Owner's Policy of Title Insurance to be issued pursuant to the Title Commitment shall be referred to tinder this Agreement as the"Title Policy" (b) Title Objections. Buyer shall have fifteen (15) calendar days from the later to be received of both the Title Commitment and the Survey (as defined in Section 3(c)) to give Seller written notice ("Objection Letter") of those matters shown in the Title Commitment or the Survey to which Buyer objects ("Title Objections"). If the Buyer fails to provide the Objection Letter to Seller within such time period, then, for all purposes of this Agreement, the Buyer shall WPSDOCS 10386778 6 [90391354.2 306-99054411 2 Page 612 of 919 be deemed to have accepted title in the condition described in the Title Commitment. Except for Monetary Liens(which Seller shall be required to satisfy or otherwise cure whether or not timely objected to by Buyer), any title exceptions which are not objected to within such time period shall be deemed to be acceptable to Buyer and permitted exceptions ("Permitted Exceptions"). (c) Kure Period. By no later than. ten (10) business days after receipt of the Title Notice (the "Cure Period"), Seller may, at Seller's sole discretion, attempt to eliminate or modify all unacceptable matters to the satisfaction of Buyer, but Seller shall have no obligation to do so, except that Seller shall be obligated to pay, discharge or bond off any monetary lien or monetary encumbrance affecting all or any portion of the Property ("Monetary Liens") prior to the Closing, provided such lien or encumbrance is not created by Buyer. Monetary Liens shall specifically exclude taxes and/or assessments levied by any private or governmental agency and attributable to a period of time on or after the Closing Date. If any Title Objections are not cured (as determined by Buyer) within the Cure Period (other than Monetary Liens which. Seller shall release or satisfy prior to Closing), Buyer may elect to (i) terminate this Agreement and the Escrow Deposit shall be returned by Escrow Agent to Buyer, and all parties hereto shall be released from any and all obligations and liabilities hereunder or (ii) waive any Title Objections, by written notice to the Seller, in which event such Title Objections (other than Monetary Liens) shall be deemed Permitted Exceptions and the Closing shall take place pursuant to this Agreement without any abatement in the Purchase Price. If Buyer fails to notify Seller of either election under the preceding sentence within ten (10) business days subsequent to the end of the Cure Period, then Buyer shall be deemed to have waived any such Title Objections (other than Monetary Liens). Notwithstanding anything contained in this Agreement to the contrary, at or prior to Closing, Seller shall deliver such documentation or take other action necessary for the Title Company to delete the "standard exceptions" under Schedule B-11 of the Title Commitment relating to the "gap", survey matters (subject to Buyer's delivery of a current Survey and any specific matters disclosed therein identified by the Tide Company), unrecorded easements, parties in possession, and construction liens. (d) Updated Title Commitment. In the event that any matter shall be recorded against the Property between the date of the Title Commitment and the Closing Date, which is not contained in the Title Commitment ("New Matter"), then each such New Matter shall be deemed to be objectionable to Buyer and shall be removed by Seller promptly upon Buyer's. request, but in all events, prior to the Closing Date. Prior to the Closing Date, 'Seller shall obtain and deliver to Buyer an updated Title Commitment with an effective date no earlier than fifteen (15) days prior to the Closing Date. (e) ,Survey. Within fifteen (15) calendar days from the Effective Date, 'Seller shall provide to Buyer (and its counsel) a prior survey with respect to the Property, if one exists, ("Existing Survey"), provided Seller has a survey in its possession. By no later than sixty (60) calendar days after the Effective Date, Buyer, at its sole cost and expense, shall obtain an accurate survey of the Property, showing all recorded easements on the Property, certified to the Title Company, Escrow Agent, and Buyer, prepared by a registered surveyor in the State of Florida in accordance with the minimum technical standards imposed under Florida Administrative Code Chapter 5J-17.050-.052 or ALTA/ACSM(the "Survey"). Buyer may give notice in its Objection Letter of any defects or matters unacceptable to Buyer, which shall be treated as a Title Objection as provided in Section 3(b) above. Any matters reflected on the WPBD4C5 10386778 6 100391154.2306-99054411 3 Page 613 of 919 Survey to which Buyer does not expressly object in Buyer's Objection Letter shall be deemed Permitted Exceptions. 4. Investigation Period. (a) Property Documents. Within fifteen(15) calendar days after the Effective Date, Seller shall provide Buyer with any and all relevant information relating to the Property which is in Seller's possession, custody or control, including but not limited to all surveys, topographical maps, soil borings reports, traffic studies, agreements, environmental reports, appraisals, site planning concepts, permits, leases, contracts, project approvals, property tax bills, regulations and or other governmental or quasi-governmental matters affecting the Property (the "Property Documents"). In addition, Seller shall deliver to Buyer any additional information with respect to the Property within ten (10) calendar days of the Seller's receipt thereof, which upon delivery shall constitute Property Documents. (b) Inspections. Buyer shall have a period commencing on the Effective Date and expiring ninety (90) calendar days thereafter (the "Investigation. Period"), to inspect the Property in order to determine whether the Property is acceptable to Buyer for Buyer's Intended Use, in its sole and absolute discretion. During the term of this Agreement, Buyer and Buyer's contractors, consultants, employees, and other representatives shall have the right to conduct, at their own expense, inspections of the Property in order to determine if the Property is acceptable to Buyer in its sole discretion. Seller hereby grants to Buyer and its agents, servants, employees, contractors and representatives, a right of entry upon every portion of the Property, and a right to examine all records, documents, data or information of any kind or nature relating to or concerning the Property in the possession or under the control of Seller or other matters pertaining to the Property(and Seller hereby agrees to make any and all records, documents, data or information of any kind or nature relating to or concerning the Property in the possession or under the control of Seller available to Buyer) from time to time at all reasonable times for the purpose of inspecting the Property. Such inspections may include, but shall not be limited to, surveying, environmental studies, soil borings, wetlands assessments, and utilities and site planning studies, zoning and land use analysis, the analysis of the anticipated construction costs for development of the Property, and any other matters deemed appropriate by Buyer in its sole discretion. Buyer may also contact all applicable agencies and governmental authorities having jurisdiction over the Property to discuss and evaluate Buyer's Intended Use of the Property. Seller confirms and acknowledges that such inspections and testing will be a necessary part of the due diligence to be performed by the Buyer. During the Investigation Period, the Buyer will prepare and submit to Seller's staff a more detailed site plan for the Buyer's Intended Use; however, Seller shall have no right to approve, or otherwise require modifications to, the site plan. (c) Indemnification. The Buyer hereby indemnifies and holds the Seller harmless from any loss, cost or expense, including, but not limited to reasonable attorney's fees and out- of-pocket costs actually incurred by the Seller, as a result of the negligence or misconduct of any of Buyer's agents who enter the Property prior to Closing. The indemnification provided herein shall survive any termination or dosing under this Agreement. Buyer small have no indemnification obligation or other liability for, or in connection with any claims arising from pre-existing conditions on or under the Property, or those arising from the presence, discovery, WPBBOCS 10386778 6 (0039][54.23W9905441) 4 Page 614 of 919 or disturbance of "Hazardous Substances" as such term is defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.19601 et sect. and the regulations promulgated thereunder(as amended from time to time) and shall include oil and oil waste as those terms are defined in the Clean 'Water Act, 33 U.S.C. '1251 et serf. and the regulations promulgated thereunder (as amended from time to time), the Resource, Conservation and Recovery Act, 42 U.S.C. '6901 et seq., and the Florida Resource Recovery and Management Act, Florida Statutes `403.70-403.73, each as amended from time to time, and also shall include any other elements or compounds contained in the list of hazardous substances adopted by the United States Environmental Protection Agency(the"EPA"), or any other substance or material defined or designated as a hazardous or toxic waste material or substance or other similar term by an federal, state environmental statue, regulation or ordinance presently in effect, as such statute, regulation or ordinance may be amended from time to time or any petroleum or petroleum derivative products. (d) Acceptance Notice. Notwithstanding anything to the contrary contained in this Agreement, in the event that Buyer, in its sole and absolute discretion, is satisfied with the results of its inspections, Buyer may elect to proceed with the transaction described herein by providing written notice to Seller no later than the expiration of the Investigation Period ("Acceptance Notice"). If(i) Buyer does not provide Seller with the Acceptance Notice before the expiration of the Investigation Period or(ii) if Buyer provides written notice to Seller prior to the expiration of the Investigation Period that Buyer disapproves of the feasibility of this transaction, then, in either case, this Agreement shall be deemed terminated and shall be null and void without recourse to either party hereto, except for those obligations which expressly survive the termination of this Agreement. In the event Buyer timely sends the Acceptance Notice on or before the expiration of the Investigation Period, then Buyer shall be deemed to have elected to proceed with this Agreement and to be satisfied with its inspections. (e) flight to Extend Investigation Period. Buyer shall have the right (provided Buyer is not in default hereunder) to extend the Investigation Period for one thirty(30) calendar day extension period ("Inspection Extension Period") by providing Seller with written notice of such election by no later than three (3) calendar days prior to the expiration of the Investigation Period. Buyer shall pay directly to Seller, within three (3) business days prior to the end of the Investigation Period, a nonrefundable extension fee in the amount of Five Thousand Dollars ($5,000.00) ("Extension Fee"), which shall be applied to the Purchase Price due at the Closing. 5. Approvals Period. (a) Approvals. During the Approvals Period as defined herein, the Buyer will, in good faith, seek to obtain the following approvals for the purpose of enabling Buyer to develop the Property for Buyer's Intended Use (the following items being hereafter collectively defined as the "Approvals"). The "Approvals Period" shall mean the period from the date the Investigation Period expires until that date which is three hundred sixty-five (365) calendar days thereafter, provided that Buyer shall have the right, upon giving notice to Seller no later than fifteen (15) days prior to the originally scheduled expiration date of the Approvals Period, to extend the Approvals Period for an additional thirty (30) calendar days, so long as Buyer is still seeking, and continues to seek, in good faith, to obtain the Approvals as set forth below. WPBDOCS 10386778 6 (00391154,2306-9905441) 5 Page 615 of 919 (i) Buyer shall have obtained in a final and non-appealable form, a DRO site plan approval for the Property from Palm Beach County and all other required governmental authorities whose approval, consent or permitting is necessary for the development of the Property for Buyer's Intended Use("DRO Site Plan Approval"). (ii) Buyer shall have obtained from South Florida 'Water Management District ("SP'WMD") an environmental resource permit, in a final and non-appealable form, for the development of the Property for Buyer's Intended Use("ERP.Approval"). (iii) Buyer shall have obtained an Environmental Resource Management Lake Excavation Permit from Florida DEP, in a final and non-appealable form, for the development of the Property for Buyer's Intended Use(the"ERM Permit"). (iv) The Future Land Use Plan designation for the Property shall be final and non-appealable, if the designation has been changed, and shall allow the Property to be developed for Buyer's Intended Use. (v) Buyer shall have obtained from the Labe Worth Drainage District, in a final and non-appealable form, a drainage permit for the development of the Property for Buyer's Intended Use ("LWDD Permit"). (vi) All deed restrictions and reversionary rights affecting the Property shall have been terminated or released by all necessary parties, in a final and non-appealable form recorded in the Public Records of Palm Beach County, Florida, sufficient to allow for Buyer's Intended Use and issuance of the Title Policy without exception for such matters. (vii) Buyer shall have obtained from Palm Beach County the Technical Compliance of the preliminary plat and construction plans for Buyer's Intended Use, in a final and non-appealable form ("Technical Compliance"). (viii) Buyer shall have obtained approval from all necessary governmental authorities or other parties for the vacation and abandonment of the right of way(s) currently affecting the Land, in a final and non-appealable form sufficient to allow for Buyer's Intended Use and the issuance of the Title Policy without exception for such right of way(s). (ix) Buyer shall have obtained such permanent easements for utilities over neighboring properties as may be necessary for the development of the Property far Buyer's Intended Use. (x) Buyer and Seller shall enter into a Service Utility Agreement. If Buyer does not receive written evidence that all of the Approvals have been obtained by the expiration of the Approvals Period, then Buyer may terminate this Agreement by delivering written notice to the Seller, whereupon the Escrow Deposit shall be immediately returned by Escrow Agent to Buyer and the parties shall be relieved of any further liability or obligation hereunder; provided, that, if the DRO Site Plan Approval has not been obtained by the expiration of the Approvals Period, then the City Deposits shall also be immediately returned by i WPBDOCs 10386778 6 (00391154.2 30G-9905449) 6 Page 616 of 919 Seller to Buyer. Buyer's notice of termination shall be effective upon delivery and shall be delivered prior to the end of the Approvals Period. (b) Duty to Cooperate. Seller shall cooperate with Buyer with respect to Buyer's pursuit of the Approvals and shall execute such applications, requests for approvals, and documents as Buyer reasonably requests or as may be necessary in connection with the Approvals, including, without limitation, written consents to any applications for the Approvals or documentation designating Buyer as Seller's agent with respect to any Approvals; provided, that, Buyer shall be solely and absolutely responsible for all costs and expenses incurred by or on behalf of Buyer and arising out of or related. to Buyer's pursuit of and compliance with the Approvals for the Property. b. Closing Date. The closing (the "Closing") shall be held at the offices of Escrow Agent, by"mail away" closing or such other location as may be mutually agreed to by the parties upon the earlier to occur of thirty (30) days after (i)the expiration of the Approvals Period (as defined below) as the same may be extended, or (ii) Buyer has obtained all Approvals (as defined above) (the"Closing Date"). 7. Seller's Closing Documents. At or prior to Closing, 'Seller shall deliver the following items to the Escrow Agent; (a) Special. Warranty Deed. A Special Warranty Deed in the form attached hereto as Exhibit "BSD (the `.`Deed"), subject only to the Permitted Exceptions and with the legal description provided in the"Title Commitment as verified by the Survey. (b) Affidavit. A "gap", no-lien and exclusive possession affidavit sufficient for the title company to delete any exceptions for parties in possession, mechanic's or materialmen's liens and"gap"from the Title Policy. (c) FIRPTA Affidavit. In order to comply with the requirements of the Foreign Investment Real Property Tax Act of 1980 ("FIRPTA"), Seller will deliver to Buyer at Closing an affidavit under penalty of perjury stating the Seller is not a "foreign person," as defined in Section 1445 of the Internal. Revenue Code of 19861 and the U.S. Treasury Regulations thereunder, setting forth Seller's taxpayer identification number, and that Seller intends to file a United States income tax return with respect to the transfer. Seller represents and warrants to Buyer that it has not made nor does Seller have any knowledge of any transfer of the Property or any part thereof that is subject to any provisions of FIRPTA that has not been fully complied with by either transferor or transferee. As required by law, if Seller fails to comply with the requirement of this paragraph, Buyer shall withhold 15% of the Purchase Price in lieu of payment thereof to Seller and pay it over instead to the Internal Revenue Service in such form and manner as may be required by law. (d) Seller Authorization. Evidence of Seller's authorization to consummate this transaction, as required by the Title Company. WPr3DOCs 10386778 6 (00391154.2306-990.5441..) 7 Page 617 of 919 (e) General Assignment. An assignment of any and all rights, licenses, development rights, contracts and plans of Seller which pertain to the Property. Such assignment shall be in the same farm attached hereto as Exhibit"C" and made a part hereof, (f) Marlccd Up Commitment. Seller° shall cause the Title Company to issue a "marked up" Title Commitment insuring fee simple marketable title to the property, in the insured amount of the Purchase Price, in accordance with the "Title Commitment, and subject only to the Permitted Exceptions. (g) Additional Documents. Such additional documents as are customarily required of seller's in transactions of this type in Palm Beach County, Florida or as may be reasonably necessary to consummate the purchase and sale of the Property, together with any other documents, instruments, or agreements call for under this Agreement that have not been delivered previously, including, without limitation, Seller's counterpart to the approved closing statement referenced under Section 8. 8. Buyer's Deliveries. At the Closing, and atter the Seller has complied with all of the terms and conditions of this Agreement and simultaneously with Seller's delivery of the documents required in Section 7, the Buyer shall pay to the Seller by wire transfer of funds or local cashier's check, the Purchase Price, adjusted for the credits, prorations, adjustments and other payments provided for in this Agreement. Buyer shall prepare a closing statement which must be approved by both Buyer and Seller. 9. Closing Costs,Prorations,and Impact Fees. (a) Closing Costs. Buyer shall pay for the following items prior to or at the time of Closing: (a) Costs associated to appraisals, survey, environmental reports (phase I and phase Ilya (b) recording fees of the Deed, Mortgage, if any, and any other instrument as required to be recorded in the Public Records; (c) documentary Stamps on the Deed as provided under Chapter 201, Florida Statutes; (d) all costs and expenses related to obtaining and updating the Title Commitment;and(e)the premium for the Title Policy. (b) Prorations. All real estate taxes and assessments for the Property attributable to the year in which the Closing occurs shall be prorated and adjusted as of the Closing Date as an adjustment at the Closing (regardless of whether such taxes and special assessments are then due and payable or delinquent, and taking into consideration the maximum allowable discount). If the tax statements for the year during which the Closing Date occurs are not finally determined, then the assessed value for the year of closing and the millage rate for the immediately prior fiscal year will be used for the purposes of prorating taxes on the Closing Date, with a fiu-kher adjustment to be made after the Closing Date with a reasonable period oftirne following such tax figures being finalized. All special assessments which may be amortized over a number of years will be prorated as of the Closing Date, with Seller responsible only for the period ending on the day prior to the Closing Date. Stich other items that are customarily prorated in transactions of this nature shall be ratably prorated as of the Closing Date. The provisions of this Section shall survive the Closing and delivery of the Deed. WPBDOCs 10386778 6 (09391154,2 30&99054411 8 Page 618 of 919 (c) Impact Fees. Seller shall not be responsible foi•any impact fees owing following the Closing Date in connection with Buyer's ownership or development of the Property. 10. Seller's Warranties. Seller hereby represents and warrants to Buyer, as of the Effective Date and again as of the Closing Date, as follows: (a) There are no condemnation or eminent domain proceedings pending or, to the best of Seller's knowledge, contemplated against the Property or any part thereof, and the Seller has received no notice of the desire of any public authority to take or use the Property or any part thereof. (b) There are no legal actions, suits, or other legal or administrative proceedings pending or, to the best of Seller's knowledge, threated against Seller or any part of the Property, which do or could (i) affect title to the Property or any part thereof, (ii) prohibit or make unlawful the consummation of the transaction contemplated by this Agreement, or render Seller unable to consummate the same; or (iii) would have a material adverse effect on the Property, Buyer's ability to develop the Property for Buyer's Intended Use, or Buyer's ability to sell any residential units once constructed. (c) The Seller has full power and authority, and all necessary governmental actions on behalf of Seller have been taken, to execute and deliver this Agreement and all documents now or hereafter to be delivered by it pursuant to this Agreement, to perform all obligations arising cinder this Agreement, and to complete the transfer of the Property contemplated by this Agreement. This Agreement has been duly executed and delivered by the Seller and constitutes a valid, binding and enforceable obligation of the Seller, subject to bankruptcy and other debtor relief laws and principals of equity. (d) Seller is not, and will not be, a person or entity with whom Buyer is restricted from doing business with under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and. Obstruct Terrorism Act of 2001, H.R. 3162, Public Law 107-56 (commonly known as the "USA Patriot Act") and Executive Order-Number 13224 on Terrorisrn. Financing, effective September 24, 2001 and regulations promulgated pursuant thereto (collectively, "Ami-Terrorism Laws"), including without limitation persons and entities named on the Office of Foreign Asset Control. Specially Designated Nationals and Blocked Persons List. (e) Seller has no notice or actual knowledge of.. (i) any pending improvement liens to be made by any governmental authority with respect to the Property, (ii) any violations of zoning ordinances or other governmental regulations with respect to the Property; (iii) any pending or threatened condemnation proceedings with respect to the Property; or (iv) any suit, action, claim or other proceeding which relates to or affects the Property (f) No person or entity has any agreement, commitment, option, right of first refusal, right of first offer, or any other right, option or agreement, whether oral or written, with respect to the purchase of the Property or any portions thereof or any interest therein, other than Buyer, pursuant to this Agreement. Prior to Closing, no portion of the Property or any interest therein shall be alienated, encumbered, conveyed or otherwise transferred by Seller, nor shall Seller WPDDOCS 10386778 G 1003911542 306-99€5441 i 9 Page 619 of 919 enter into any agreement, commitment, option, right of first refusal, or any other right, option or agreement with respect to the purchase of all or any portion of the Property. (g) Seller has not entered into any leases, options or other occupancy agreements, either written or oral, affecting the Property and Seller has exclusive possession of the Property. (h) There are no agreements or contracts entered into by Seller affecting the Property that will be binding on Buyer after Closing. (i) Seller has not made any written or verbal commitments to any governmental authority, utility company, religious body, homeowners' association, or other organization, group or individual, relating to the Property that would impose an obligation upon Buyer to make any contribution or dedications of money or Property or to construct, install or maintain any improvements of a public or private nature on or off the Property, except as may be disclosed in this Agreement. (�) To Seller's knowledge, there are no leases or other possessory rights, oral or written, affecting the Property or any part thereof, and there are no adverse or other parties in possession of the Property, or any part thereof. Between the Effective Date and the Closing Date, Seller will not enter into any leases or other possessory rights, affecting or with respect to the Property, without the prior written consent of Buyer. (k) Seller is not a"foreign person" within the meaning of the United States tax laws, to which reference is made in Internal Revenue Code Paragraph 1445(b)(2). At the Closing, Seller shall deliver to Buyer an affidavit to such effect,which shall also state its tax identification number. (1) Seller has no actual knowledge that any of the Property Documents are inaccurate or incomplete in any material way. (m) Seller has not generated, recycled, reused, sold, stored, handled, transported or disposed of any hazardous Substance on the Property. Seller has not received nor is Seller aware of any written notice fi°orn any governmental agency stating that the Property does not comply with any applicable local, state, federal environmental law, regulation, ordinance or administrative or judicial order relating to the generation, recycling, reuse, sale, storage, handling,transport and/or disposal of any hazardous Substance. Seller makes and shall make no warranty regarding the title to the Property, except as expressly provided in this Agreement and except as to any warranties which will be contained in the instruments to be delivered by Seller at Closing in accordance with this Agreement. Further, Seller makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. Buyer speefically acknowledges and agrees that Seller shall sell and Buyer shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the Seller's representations and warranties specifically set forth in this Agreement or any of the instruments to be delivered by Seller at Closing in accordance with this Agreement, Buyer is not relying on any representations or warranties of any kind whatsoever, express or implied, from Seller, its agents, WPBDOC;S 10386778 6 100391154.2 301>--M54411 10 Page 620 of 919 officers, or employees, as to any matters concerning the Property including,without limitation, any matters relating to (1) the duality, nature, adequacy, or physical condition of the Property, (2) the quality nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (5) the Property's value, use, habitability, or merchantability, (6) the fitness, suitability,,or adequacy of the Property for any particular use or purpose, (7)the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi-governmental entity or of any other person or entity, including, without Limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Substances or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighboring property, (10) the fi•eedom of the Property fi°om latent or apparent vices or defects, (11)peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement,or (14) any other matter or matters of any nature or kind whatsoever relating to the Property. Each of the foregoing representations and warranties is true and correct as of the Effective Date, and will be true and correct as of the Closing Date, and shall survive the Closing for a period of six(6)months. 11. Covenants of Seller. Seller hereby covenants with the Buyer that between the date of this Agreement and the Closing: (a) Seller will not, without the Buyer's prior written consent, create by its consent any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, mortgages or other encumbrances, encroachments, rights- of-way, leases, easements, covenants, conditions or restrictions. Furthermore, Seller shall not market the Property or enter into any contracts, letters of intent, agreements, commitments, options, rights of first refusal, rights of first offer, or any other rights, options or agreements to sell the Property or any portion thereof. (b) Seller will not file any application for any change of the present zoning classification of the Property unless such change is requested by the Buyer in writing or called for by this Agreement to allow the Property to be developed with the Project. Seller will cooperate fully with the Buyer by executing consents, applications and other such documents reasonably requested by the Buyer in connection with its efforts in developing the Property to a condition such that building may commence. (c) Upon Seller's receipt of actual knowledge thereof, Seller shall promptly notify Buyer of any material change in any condition with respect to the Property or of any event or circumstance which makes any representation or warranty of Seller under this Agreement materially untrue or of any covenant of Seller under this Agreement which Seller will be incapable of performing. (d) Seller shall not enter into any Contracts or other agreement affecting the Property or any portion thereof or the use thereof which will be binding on Buyer or the Property after WPBDOCS 10386778 6 10391154,2 306-9905441) 11 Page 621 of 919 Closing, without the prior written consent of the Buyer, which consent may be withheld in Buyer's sole and absolute discretion. (e) In the event that Seller receives or is served, prior to Closing, with any notices from any governmental or quasi-governmental body or agency or from any person or entity with respect thereto, Seller will promptly comply with them at Seller's expense.. (f) Seller shall comply with all Laws, rales, regulations, and ordinances of all governmental authorities having jurisdiction over the Property. (g) Seller shall not enter into any lease, tenancy agreement or occupancy agreement or other agreement affecting the Property or any portion thereof or the use thereof which will be binding on Buyer or the Property after Closing, without the prior written consent of the Buyer, which consent may be withheld in Buyer's sole and absolute discretion. (h) Seller shall maintain the Property in at least the same general condition as the Property is currently maintained by Seller and Seller shall maintain its current insurance coverages for the Property. (i) So long as Seller is not required to incur any cost or expense with regard thereto (except as is otherwise required pursuant to the terms of this Agreement, including, without limitation the requirements of Section 3 hereof), Seller shall cooperate with Buyer in performing its due diligence with respect to the Property and in seeping any and all consents, permits or approvals regarding the Property as Buyer may request, and Seller shall promptly join in all applications for building permits, certificates or other agreements, and permits for sewer, water, or other utility services, other instruments or other permits or approvals, the granting of or entry into which, by any governmental or quasi governmental authority having jurisdiction over the Property, is, in Buyer's reasonable opinion, necessary to permit the development, construction, use or occupancy of the Property for the Buyer's Intended Use without violating applicable law. 12. Buyer's Representations. Buyer hereby represents and warrants to Seller, as of the Effective Date and again as of the Closing Date, as follows: (a) Buyer has full power and authority to enter into this.Agreement and to assume and perform all of its obligations hereunder. (b) The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the Buyer do not and will not violate the corporate or organizational documents of Buyer and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the Buyer is a party. (c) No action by any federal, state, municipal or other governmental department, CRA, board, bureau or instrumentality is necessary to snake this Agreement a valid instrument binding upon Buyer in accordance with its terms and conditions, 6VP13DOCS 10386778 6 (00391154.2 306-990544€1 12 Page 622 of 919 All of the representations, warranties and covenants of Buyer contained in this Agreement shall be true and correct: in all material respects and not in default at the time of Closing,just as though they were made at such time. 13. Real Estate Commissions. Buyer and Seller represent and warrant to each other that each has not dealt with any broker, agent or similar person in connection with this transaction. Buyer and Seller do mutually agree to indemnify and hold harmless the other party from and against and any all liability, loss, cost, damage and expense, including but not limited to attorneys' fees and costs of litigation both prior to and on appeal, which either Buyer or Seller shall ever suffer or incur because of any claim by any agent, broker or finder claiming by, through, or tinder the indemnifying party, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and purchase of the Property contemplated herein. The terms of this Section shall survive Closing or the earlier termination of this Agreement until the expiration of all statute of limitations periods applicable to any such claims. 14. )tisk of Loss and Condemnation. Seller shall bear risk of loss with respect to the Property until the Closing has occurred. In the event of the institution against the record owner of the Property of any proceedings, judicial, administrative or otherwise, relating to the taking, or to a proposed taking of any portion of the Property by eminent domain, condemnation or otherwise or if Seller shall receive any notice or knowledge that any agency or entity having the power of erninent domain is conternplating or is seeking the taking or condemnation of the Property, or any part thereof, or any interest therein (which in Buyer's sole opinion materially impairs Buyer's ability to use the Property for Buyer's Intended Use), prior to Closing, or in the event of the taking of any portion of the by eminent domain, condemnation or otherwise, prior to Closing, then the Seller shall notify the Buyer promptly and the Buyer shall have the option, in. its sole and absolute discretion of either (a) terminating this Agreement and obtaining a full refund of the Escrow Deposit and interest thereon; or(b) closing in accordance with the terms of this Agreement, but at Closing the Seller shall assign to the Buyer all of its right,title and interest in and to any net awards that have been or may be made with respect to such eminent domain proceeding or condemnation, or give Buyer a credit against the Purchase Price equal to the allocable portion of such award or settlement if it has previously been received by Seller. Such election must be made by the Buyer within thirty (30) days of the notice furnished by Seller. If Buyer fails to snake an election in writing, it shall be deemed to have elected alternative (a). 15. Default. (a) If Buyer fails to materially perforin or observe any of the covenants, restrictions, requirements and/or stipulations to be performed and/or observed by Buyer hereunder and such failure to perform or observe is not cured within thirty(30) days after written notice thereof from Seller to Buyer (or in the case of a default which cannot be caned in thirty (30) days, Buyer has failed to commence curing the default within such thirty (30) day period), then, as Seller's sole remedy, the Escrow Deposit shall be delivered by the Escrow Agent to the Seller (and Seller shall retain all City Deposits) as liquidated and agreed upon damages; provided,that, Buyer shall not be afforded any cure period if Buyer if fails to timely complete its purchase of the Property on the Closing Date. The parties agree and stipulate that as of the Effective Date, the exact amount of damages to Seller on account of Buyer's breach of this Agreement would be WBD005 10386778 6 100391154.2 306-4905141) 13 Page 623 of 919 extremely difficult to ascertain and that the Deposit constitutes a reasonable and fair approximation of such damages and is not a penalty. (b) If Seller fails to materially perforin or observe any of the covenants, restrictions, requirements and/or stipulations to be performed and/or observed by Seller hereunder, and such failure to perform or observe is not cured within thirty(30) days after written notice thereof from Buyer to Seller (except for Seller's failure to timely complete its sale of the Property on the Closing Date, for which no notice or cure period shall be afforded and shall immediately constitute a default), then Buyer's sole and exclusive remedy on account of Seller's default shall be to terminate this Agreement and thereupon (a) receive a return of the Escrow Deposit (together with all interest earned thereon) fi-orn the Escrow Agent and (b) receive a return of the City Deposits from Seller, as well as receive from Seller payment of Buyer Costs (as defined herein) not to exceed $100,000.00. "Buyer Costs" shall mean all actual out-of-pocket, third party costs incurred by Buyer with regard to this transaction, including, without limitation, its costs incurred in conducting its due diligence studies, exarninations, surveys, environmental, and other exams of the Property, consultant and engineering costs, attorneys' fees, and any and all other expenses incurred by Buyer in pursuing the Entitlements and other development approvals for the Property. Buyer's Costs shall be evidenced by statements submitted to Seller and Seller's attorney and such other reasonable information requested by Seller and Seller's attorney. Nothing contained herein shall limit any of Seller's indemnification obligations that are specifically provided to survive termination of this Agreement and/or Closing. 16. Escrow. Any Escrow Agent receiving funds is authorized and agrees by acceptance thereof to promptly deposit and to hold same in escrow and to disburse the same subject to clearance thereof in accordance with terms and conditions of this Agreement but only with the joint instructions of Buyer and Seller. Failure of clearance of funds shall not excuse performance by the Buyer. In the event of doubt as to its duties or liabilities under the provisions of this Agreement, the Escrow Agent may, in its sole discretion, continue to hold the monies which are the subject of this escrow until the paries mutually agree to the disbursement thereof, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties thereto, or it may deposit all the monies then held pursuant to this Agreement with the Clerk of the Circuit Court of Palm Beach County, Florida, and upon notifying all parties concerned of such action, all liability on the part of the Escrow Agent shall fully terminate, except to the extent of accounting for any monies theretofore delivered out of escrow. In the event of any suit between Buyer and Seller wherein the Escrow Agent is made a party by virtue of acting as such Escrow Agent hereunder, or in the event of any suit wherein Escrow Agent interpleads the subject matter of this escrow, the Escrow Agent shall be entitled to recover a reasonable attorney's fee and costs incurred, said fees and costs to be charged and assessed as court cost in favor of the prevailing party. All parties agree that the Escrow Agent shall not be liable to any party or person whomsoever.for misdelivery to Buyer or Seller of monies subject to this escrow, unless such misdelivery shall be due to willful breach of this Agreement or gross negligence on the part of the Escrow Agent. Seller acknowledges that Escrow Agent has been retained as counsel for the Buyer in this matter and other transactions and agrees that Escrow Agent may continue to represent Buyer in this matter and any and all present and future transactions. WPBD005 10386778 b 100391154.2 306-9905441 u 14 Page 624 of 919 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the transaction contemplated herein, and it supersedes all prior understandings or agreements between the parties. 18. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal representatives, successors and permitted assigns.. 19. Waiver; Modification, The failure by the Buyer or Seller to insist upon or enforce any of their rights shall not constitute a waiver thereof, and nothing shall constitute a waiver of the Buyer's right to insist upon strict compliance with the terms of this Agreement. Either party may waive the benefit of any provision or condition for its benefit which is contained in this Agreement. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. No oral modification of this Agreement shall be binding upon the parties and any modification must be in writing and signed by the parties. 20. Governing Law; Venue. This Agreement shall be governed by and construed under the laws of the State of Florida. The venue of any litigation arising out of this Agreement shall be Palm Beach County, Florida. 21. Headings. The paragraph headings as set forth in this Agreement are for convenience or reference only and shall not be deemed to vary the content of this Agreement or limit the provisions or scope of any paragraph herein. 22. Enforceability. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this Agreement. 23. Notices. Any notice, request, demand, instruction or other communication to be given to either party, except where required by the terms of this Agreement to be delivered at the Closing, shall be in writing and shall be sent as follows: If to Buyer: Pulte Home Company, LLC Attn: Brent Baker,Division President 4400 PGA Blvd, Suite 700 Palm Beach Gardens,Florida 33410 I tiVPBDOCs 10386778 6 CC (00391154.2 306-9905441) 15 Page 625 of 919 E-mail: brent,baker@PulteGi,oup.com With a copy to: Steven R. Parson, Esq. Shutts &Bowen, LLP 525 Okeechobee Blvd., Suite 1100 West Paha Beach, FL 33401 E-mail: sparson ct shutts.corn If to Seller: City of Boynton Beach Attn:Lori LaVerriere, City Manager City of Boynton Beach 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 E-mail: LaVerricrcLbbfl.us With a copy to: Goren, Cherof, Doody&Ezrol,P.A. 3099 East Commercial Blvd, Suite 200 Fort Lauderdale,Florida 33308 Telephone: 954-771-4500 Facsimile: 954-771-4923 Email: ddoody cr gorencherof corn Attn: Donald J.Doody, Esq. If to Escrow Agent: Goren, Cherof,Doody&Ezrol,P.A. 3099 East Commercial Blvd, Suite 200 Fort Lauderdale,Florida 33308 Telephone: 954-771-4500 Facsimile: 954-771-4923 Email, ddoody gorencherofcorn Attn: Donald J. Doody,Esq. Any such notice shall be either (a) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered on the date such notice is received by the party to whom it is addressed or such party's agent or representative, (b) sent by personal delivery, in which case notice shall be deemed delivered upon receipt or refusal of delivery of such notice, or (c) sent by electronic mail ("Email"), in which case notice shall be deemed delivered upon confirmed transmission of such notice by Email. A party's address may be changed by written notice to the other party; provided, however, that no notice of a change of address shall be effective until actually received by the recipient thereof. Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice. The attorney for a party has the authority to send and receive notices on behalf of such party. 24, Assignment. Neither party shall assign this Agreement without the prior written consent of the other party, which may be withheld in such party's reasonable discretion, except that Buyer may assign its rights under this Agreement with respect to the Property, without Seller's prior consent, to (a) an affiliated entity of Buyer in which Buyer directly or indirectly wPBDOCS 10386778 6 [00391154.2 306-994154411 16 i Page 626 of 919 has a majority ownership interest, or (b) a joint venture of Buyer with an unaffiliated development partner, provided, however, a copy of the assignment and assumption agreement shall be delivered to Seller prior to Closing Date, if applicable. 25, Attorneys' Fees. In the event that it becomes necessary for either party to bring suit to enforce the terms of this Agreement, then the prevailing party shall be entitled to recover all costs, including reasonable attorneys' fees, incurred in connection with such litigation (including mediation, arbitration, appellate proceedings, and in post judgment collection proceedings) against the non-prevailing party. The terms of this Section shall survive Closing or the earlier termination of this Agreement. 26. Radon Disclosure. Pursuant to statute, Seller hereby notifies Buyer as follows: 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 fi-om your county public health unit. 27. Effective Date. The "Effective Date" of this Agreement shall be the date upon which the last party to sign this Agreement has executed this Agreement. Buyer and. Seller shall confirm to each other in writing the date of the Effective Date. Buyer recognizes that though it has negotiated this Agreement with Seller's representatives and has signed it, Seller cannot execute this Agreement until it has fully complied with the provisions of Section 2-56 of the Seller's City Code. If the City Commission of Seller approves this Agreement in accordance with Section 2-56 of the Seller's City Code, then the Effective Date shall be the date upon which Seller executes this Agreement. 28. Time of the Essence. Time is of the essence with respect to each provision of this Agreement. Provided however, if the date for performance is on a Saturday, Sunday or federal holiday, the date for performance shall be extended to the next business day. 29 . No Third Party Beneficiaries. This Agreement is an agreement between Seller and Buyer only and no third parties shall be entitled to assert any rights as third party beneficiaries hereunder. 30. Counterpart Execution. This Agreement may be executed in two or more counterparts, all of which together shall constitute but one and the same Agreement. To facilitate the execution and delivery hereof, the parties may exchange executed counterparts hereof, or of any amendment hereto, in Portable Document Format(PDF) exchanged via E-mail, which transmission shall be deemed delivery of an original executed counterpart by such party. j 31. Recordation. At the election of Buyer, and at Buyer's sole cost, this Agreement or any memorandum, summary, or other evidence hereof may be recorded in any public records prior to the consummation of the Closing. 32. Marketing the Property. Seller hereby agrees that as of the Effective Date and provided that this Agreement has not terminated, the Seller may not continue marketing the V PBDOCS 14386778 6 (00391154.2 306-990543[} 17 Page 627 of 919 Property or the membership interest of the Seller and may not enter into contracts for the sale of the Property or any contracts for the sale of the membership interest of the Seller. 33. Survival. Except as otherwise provided herein, the provisions of this Agreement shall not survive the Closing and shall be merged into the conveyance documents executed and delivered at Closing. 34. Further Assurances. The parties agree to cooperate in good faith to execute and deliver such documents and instruments as are necessary, and/or reasonably requested by the parties, in order to consummate the transactions contemplated by this Agreement. This Section expressly survives the Closing. 35. JURY TRIAL WAIVER. SELLER AND BUYER EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT WHICH EITHER OF THEM MAY HAVE TO ATRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR LEGAL PROCEEDING BASED UPON OR ARISING DIRECTLY, INDIRECTLY OR. OTHERWISE IN CONNECTION WITH, OUT OF, RELATED TO OR FROM THIS AGREEMENT INCLUDING, BY WAY OF EXAMPLE BUT NOT LIMITATION, ANY COURSE OF CONDUCT, COURSE OF DEALINGS, VERBAL OR WRITTEN STATEMENTS OR ACTS OR OMISSIONS OF EITHER PARTY WHICH IN ANY WAY RELATE TO THIS AGREEMENT. SELLER AND BUYER HAVE SPECIFICALLY DISCUSSED AND NEGOTIATED FOR THIS WAIVER AND UNDERSTAND THE LEGAL CONSEQUENCES OF IT. 36. Approval by Buyer's Asset Management Committee. The terms and provisions of this Agreement are subject to the review and approval of Buyer's Asset Management Committee (the ".AMC"). Buyer will request that the approval by the AMC of the terms and provisions of this Agreement be provided within the Investigation Period, but nothing herein shall be construed as a requirement of Buyer to obtain such approval frorn the AMC. In the event that the approval of the AMC is not obtained within the Investigation Period, then Buyer shall promptly notify Seller and Escrow Agent of such event within the Investigation Period, in which case this Agreement shall be terminated and both parties shall be released from all further obligations under this Agreement, except for indemnification and other provisions that survive termination. 37. No Moratoria. In addition to any other conditions to Closing contained in this Agreement, Buyer's obligation to close this transaction shall be conditioned on there being no sewer, water, building, or other moratoria in effect as of the Closing Date which would prevent or interfere with the development of the Property for Buyer's Intended Use and the occupancy of the any residential units by end-users. [Signatures on Next Page] wPBDOCS 10386778 6 pp 1003911A2 306-9905441) I(? Page 628 of 919 The parties have executed this Agreement as of the day and year last written below. BUYER: PULTE HOME COMPANY,LLC,a Michigan limited liability company By: _dW&arM6tW- Name: Title: V P— WD &=AUtSMION Date: .A06) 7- It ,2020 SELLER: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Name: Title: Date: 12020 WPBD005 10386778 6 (y (01391154.2 306.9905441} 1.9 '. I Page 629 of 919 ACKNOWLEDGEMENT OF ESCROW AGENT By signing Below, the undersigned agrees to act as Escrow Agent in accordance with the terms of this Agreement for the transaction contemplated by this,Agreement. ESCROW AGENT: GOREN,CHEROF,DOODY &EZROL,P.A., a Florida professional association By: Name: Title: P I i WPDDOCS 10386778 6 1003911543 306-99054411 2 Page 630 of 919 E11[MI "A" Legal Description of the Land (SUBJECT TO VERIFICATION BY SURVEY) PARCEL CONTROL NUMBERS: 00-43-45-19-00-000-3014; 00-43-45-19-03-006-0080; 00-43- 45-19-04-006-0260 and 00-43-45-19-040-008-0200 Lots 20-25 and 50-56, inclusive,Block 8 of West Boynton Plat 2-C,as recorded in Plat book 15, Page 14, of the Public Records of Palm Beach County,Florida. Together with: Lots 8 through 31, inclusive, Block 6, Lots 8-31, inclusive,Block 7,Lots 8-31, inclusive, Block 8, Lots 8-31, inclusive,Block 9,Lots 8-31, inclusive,Block 10, all of West Boynton Plat 2-B, as recorded in Plat Book 15,Page 13, of the Public Records of Palm Beach County,Florida. Together with.: Lots 26-49, inclusive,Block 6,Lots 26-49, inclusive,Block 7,Lots 26-49, inclusive,Block 8,Lots 26-49, inclusive,Block 9,all of West Boynton Plat 2-C, as recorded in Plat Book 15,Page 14,of the Public Records of Palm Beach County,Florida. Together with: A portion of Genevra Avenue,Harlowe Avenue, Ivanhoe Avenue,Kitely Avenue,Lothair Avenue and Marlow Avenue lying West of Nickels Blvd.and adjacent to Block 6, 7, 8, 9 and 10,of West Boynton Plat 2-13 recorded in Plat Book 15,Page 13, of the Public Records of Palm Beach County, Florida. 4 PBDOCS 1.4386778 6 (00391154.2306-9905441) 21 Page 631 of 919 EXHIBIT"B" Form of Special Warranty Deed This Instrument Prepared By: Parcel Control Nos.: 00-43-45-19-00-000-30'10;00-43-45-19-03-006-0080; 00-43-45-19-04-006-0260;and 00-43-45-19-040-008-0020 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made and entered into as of the day of , 242_, by the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal. corporation, whose address is (hereinafter referred to as "Grantor"), and PULTE HOME COMPANY, LLC, a Michigan limited liability company, whose address is 4400 PGA Blvd, Suite 700, Palm. Beach Gardens, Florida 33410 (hereinafter referred to as "Grantee"). WITNESSETH: That Grantor, for and in consideration of the stem of Ten Dollars ($10.00) and other goad and valuable consideration, to it in hand paid, the receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, its successors and assigns forever, all those certain parcels of land lying and being in the County of Palm Beach, State of Florida, as more particularly described in the Exhibit"A" attached hereto and by this reference made a part hereof(the"Property"). TOGE"T"HER WITH all the improvements, tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining and together with all rights and easements of record. SUBJECT TO taxes for the year 202 , and subsequent years, and applicable zoning ordinances and those matters set forth on Exhibit "B" attached hereto and by this reference made a park hereof; provided, however, that nothing herein shall be deemed to reimpose any of such matters. TO HAVE AND TO HOLD the same in fee simple forever. And the Grantor hereby covenants with Grantee that Grantor, at the time of delivery of this deed, is lawfully seized of the Property in fee simple,that Grantor has good right, full power, and lawful authority to grant, bargain, sell, and convey the same, and that Grantor hereby warrants the title to the Property and will defend the same against the lawful claims of all persons whomsoever, claiming by,through or under the Grantor, but against no others. wPBDOCS 303867786 108391154-2 3D&9905441) 22. Page 632 of 919 IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed in its name, as of the date first set forth above. Signed, sealed and delivered GRANTOR: in the presence of. CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, By: Printed Name: , its Printed Name: STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me by means of L physical presence or El online notarization, this day of , 202 , by , as of CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, on behalf of said corporation. She/He is personally known to me or has produced as identification. Printed Name: NOTARY PUBLIC State of Florida at Large (Notarial Sear My Commission Expires: I i wPBDOCS 10386778 4 (00191154.2706_990544.1) 23 Page 633 of 919 EXHIBIT "C" Form of General Assignment THIS GENERAL ASSIGNMENT (the "Assignment") is made as of this _ day of , 202 , by the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation ("Assignor"), in favor of FULTE HOME COMPANY, LLC, a Michigan limited liability company("Assignee"). WITNESSETH: WHEREAS, Assignor and Assignee are parties to that certain Agreement for Purchase and Sale dated as of (the "Agreement"), which provides, among other things, for the sale by Assignor to Assignee of that certain tract of Property located in Palin Beach County, Florida, as more particularly described on Exhibit "A" attached hereto and made part hereof(the "Property"); and WHEREAS, the Agreement requires Assignor to assign to Assignee all of Assignor's right, title and interest in all Intangible Rights, Development Rights, and Plans (as such terms are defined below) owned by Assignor. THEREFORE, in consideration of the foregoing and the agreements and covenants herein set forth, together with the sum of Ten Dollars ($10.00) and other good and valuable consideration this day paid and delivered by Assignee to Assignor, the receipt and sufficiency of all of which are hereby acknowledged by Assignor, Assignor does hereby ASSIGN, TRANSFER, CONVEY, SET OVER and DELIVER unto Assignee, to the extent assignable, all of Assignor's right, title and interest in and to the following (collectively, the "Assigned Properties"): (a) any and all building, zoning and other certificates, licenses, certificates of compliance, prepaid impact fees, impact fee credits or similar charges which sei-%,ice or pertain in any manner to the Property, utility prepayments or reservation fees, consents, building inspection approvals granted by any govei-nnaental entity running to the benefit of the Property, Assignor and/or Assignor's predecessors in interest and any covenants, conditions and restrictions, reciprocal casement agreements, access easement agreements and other common or planned development agreements or documents necessary in connection with the Property, and all other intangible right or property relating to the ownership or development of the Property (collectively, the "Intangible Rights"); and (b) all permits, governmental approvals, utility rights and utility capacity, traffic trips, and all other development rights and similar rights related to the Property, whether granted by governmental authorities or private persons, for the development of single-family residential units on the Property (collectively, the "Development Rights"); and (c) to the extent assignable, all plans, specifications, site plans, engineering plans, architectural drawings, architectural renderings and similar items prepared for Assignor related WPBDOCS 10385778 4 (00391154.23476-9945441} 24 Page 634 of 919 to structures, parking facilities, streets, drainage or utility facilities or other improvements that are to be constructed on the Property(collectively, the "Plans"). TO HAVE AND TO HOLD all and singular the Assigned Properties unto Assignee, and Assignee's successors, and assigns forever, and Assignor does hereby warrant and shall forever defend all and singular the Assigned Properties unto Assignee, and Assignee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through or under Assignor. Assignor warrants to Assignee that it holds and has full right and authority to transfer the Assigned Properties to Assignee without the consent of any third party, and that Assignor has not previously assigned or pledged any of the Assigned Properties. Assignor hereby agrees to indemnify and hold harmless Assignee from and against any and all loss, liability, cost, claim, damage or expense incurred to enforce any rights and/or secure any remedies under this Assignment resulting by reason of the failure of Assignor to perform its obligations arising under the Assigned Properties prior to date hereof and/or Assignor's failure to perform its obligations under this Assignment. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. This Assignment may only be modified, altered, amended, or terminated by the written agreement of Assignor and Assignee. If any term, covenant or condition of this Assignment shall be held to be invalid, illegal or unenforceable in any respect, this Assignment shall be construed without such provision. This Assignment shall be governed by and construed under the laws of the state in which the Property is located without regard to principles of conflicts of law. [Signature Page Follows] wPBDOCS 10386778 4 (0034[]54.2306-9905441 25 Page 635 of 919 IN WITNESS WHEREOF, Assignee has executed this Agreement as of the date below- written. WITNESSES ASSIGNOR: CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation Printed Name: By; Naive: Printed Name: Title: Date: , 202 STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 202 by the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation. She/He is personally known to vie or produced as identification. Notary Public, State of Florida Name: My Commission Expires: i WPBDOCS 10386778 4 (003311542306-4945441)' 26 Page 636 of 919 10/1/2020 ARTICLE IV.PURCHASING AND CONSULTANTS`xx Pfl11t Boynton Beach, FL Code of Ordinances Purchasing , ; competitive bidding. (a) The city commission shall appoint an officer or employee of the city, other than a member of the city commission, as purchasing agent for the city who shall be responsible for the purchase of all supplies, materials, equipment and other articles used by the municipal government. All purchases or sales of city property shall be subject to the approval of the city commission and shall conform to such regulations as the city commission may from time to time prescribe. (b) Personal property, commodities and services. Except as provided in section 2-56.1 all purchases or sales of personal property, commodities and services involving amounts in excess of twenty-five thousand dollars ($25,000.00), or construction involving amounts of seventy-five thousand ($75,000.00), shall be made only after the publishing of an advertisement of bids thereon in a newspaper of general circulation in the city at least one (1)time, not less than ten (10) days prior to the date set for the reception of such bids, together with such other notice as the commission may direct. The city commission shall have the power to reject any and all bids submitted and received, and to waive any informalities in connection with such bidding. (c) Real property. Real property maybe sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. (d) The foregoing provision for sale of real property do not apply to real property located within the city's community redevelopment area if the property was acquired by the city for the purposes of community redevelopment or if the sale of the property will facilitate redevelopment consistent with the CRA plan; or if the sale of the property will facilitate restoration of a property which the City Commission deems to be historic, even in those cases where historic designation by the State of Florida, Palm Beach County, or pursuant to a federal historic designation program has not occurred or is pending. (Ord. No. 90-54, § 3, 11-20-90; Ord. No. 97-45, § 1, 9-2-97; Ord. No. 01-66, § 1, 1-2-02; Ord. No. 03-002, § 1, 2-18-03; Ord. No. 12-009, § 2, 5-15-12; Ord. No. 12-024, § 2, 12-18-12) library.amlegal.com/alpscripts/get-content.aspx Page 637 of pi 9 ANDESQN CAPD APPRAISAL OF 15.02 ACRES OF VACANT RESIDENTIAL LAND LOCATED AT NICKELS BOULEVARD BOYNTON BEACH,FLORIDA 33432 FOR COLIN GROFF,ASSISTANT CITY MANAGER CITY OF BOYNTON BEACH BY ROBERT B.BANTING,MAI, SRA CERT GEN RZ4 AND BEAU M.ARNOLD CERT GEN RZ2937 WITH ANDERSON&CARR,INC. 521 SOUTH OLIVE AVENUE WEST PALM BEACH,FLORIDA 33401 DATE OF INSPECTION: OCTOBER 12,2020 DATE OF REPORT: OCTOBER 13,2020 DATE OF VALUE: OCTOBER 12,2020 FILE NO.: 2200538.000 CLIENT REFERENCE: PO#210266/NICKELS BOULEVARD - 15.02 ACRES VACANT LAND Aage of 919 ANDEPSON CAPD APPRAISERS-REALMRS•CONSULTANTS-DEVELOPERS October 13, 2020 Mr. Colin Groff Assistant City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Dear Mr. Groff: Pursuant to your request,we have personally appraised the real property being 15.02 acres (654,397 square feet) of vacant residential land. The property has a Single Family Residential zoning designation with an underlying developable density of up to 5 dwelling units per acre. The subject property is located on the west side of Nickels Boulevard, roughly 330 feet north of Old Boynton Road within an unincorporated part of Palm Beach County that is generally considered to be Boynton Beach. We note that the subject property as it sits contains a total 13.37 acres (582,397 square feet) and is bisected (east to west) on the north half by six unimproved right-of-ways. These right-of ways measure 40 feet by 300 feet each totaling 12,000 square feet per right-of-way and 72,000 square feet (1.65 acres) overall. We have been instructed by the client to assume that these right-of-ways will be abandoned and to include the additional land area as part of the subject. (582,397 + 72,000 = 654,397 square feet or 15.02 acres) The property address is Nickels Boulevard, Boynton Beach, FL, 33432. The purpose of this appraisal is to estimate the market value of the fee simple estate of the subject property as of October 12, 2020. The intended use of the report is to assist the client and intended user in establishing a purchase or selling price. This report has been prepared for no other purpose and for use by no other person or entity than for use by the client for the purpose stated herein. Any other use of this appraisal is considered a misuse and thus the appraisers will not be held responsible for any outcome associated with use by another entity or for another purpose. Hypothetical Condition This appraisal involves the use of a hypothetical condition. A hypothetical condition assumes something to be true that at the time of the appraisal date is known to be contrary. The use of a hypothetical condition in appraisal practice can have significant impacts on value conclusions and the use of the hypothetical condition herein may have affected assignment results. A hypothetical condition was used in the process of this appraisal as follows: A portion of the subject property identified as PCN 00-43-45-19-04-008-0200 and containing roughly 0.8149 acres is subject to a deed restriction filed in Palm Beach County OR Book 3739, Page 709. The restriction limits the use of the property to the City of Boynton Beach or it's successors for a public purpose, else the property reverts back to the seller. We have appraised the subject property assuming the deed restriction on this portion of the property has been removed and it can be sold for private use. •ESTABLISHED 1947 ANDERSON&CARR INC. • 521 S OLIVE AVE.,4V,PALM BEACH,FL 33401 • 561.833.1661 • ANDERSONCARR.COM _ g 19 ANDERSON CARR Colin Groff Page 2 October 13, 2020 We have utilized the sales comparison approach to value, the most common method used for valuing properties such as the subject property. The global outbreak of a "novel coronavirus" known as COVID-19 was officially declared a pandemic by the World Health Organization (WHO). It is currently unknown what direct, or indirect, effect, if any, this event may have on the national economy, the local economy or the market in which the subject property is located. The stock market has already responded negatively and then mostly recovered. However, the real estate market is much slower to react and there is no measurable evidence available at this time to make an adjustment for this recent situation. The reader is cautioned that the conclusions presented in this appraisal report apply only as of the effective date(s)indicated. As a result of our analysis,we have developed an opinion that the market value of the fee simple estate (as defined in the report), subject to the definitions, certifications, and limiting conditions set forth in the attached report, as of October 12,2020 was: MARKET VALUE: $3,800,000 The following presents our analysis and conclusions in a narrative appraisal report. This letter must remain attached to the report,which contains 57 pages plus related exhibits,in order for the value opinion set forth to be considered valid. Your attention is directed to the General Limiting Conditions contained within this report. Respectfully submitted, ANDERSON& CARR, INC. Robert B.Banting, MAI,SRA Cert Gen RZ4 Beau M.Arnold Cert Gen RZ2937 RBBBMA:cmp PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 Page 640 of 919 ANDERSON CARR TABLE OF CONTENTS Page No. Summary of Important Facts and Conclusions......................................................................................................1 Certification..............................................................................................................................................................3 GeneralLimiting Conditions...................................................................................................................................4 Extraordinary Assumptions.....................................................................................................................................6 HypotheticalConditions..........................................................................................................................................6 Area/Location Maps.................................................................................................................................................7 AerialPhotographs...................................................................................................................................................8 Subject Property Photos (Taken October 12,2020)..............................................................................................9 Purposeand Date of Value ...................................................................................................................................13 PropertyAppraised................................................................................................................................................13 LegalDescription ...................................................................................................................................................13 Disclosureof Competency.....................................................................................................................................14 IntendedUse and User..........................................................................................................................................14 Client........................................................................................................................................................................14 Definitions...............................................................................................................................................................14 PropertyRights Appraised....................................................................................................................................15 TypicalBuyer Profile..............................................................................................................................................15 Scopeof Assignment..............................................................................................................................................15 Impacts on Commercial Real Estate From COVID-19......................................................................................17 PalmBeach County Summary...............................................................................................................................18 Conclusion...........................................................................................................................................................26 NeighborhoodDescription....................................................................................................................................27 PropertyData..........................................................................................................................................................29 Taxpayerof Record............................................................................................................................................29 Palm Beach County Property Control Number(s) ..........................................................................................29 Assessed Value and Taxes for 2020..................................................................................................................29 CensusTract........................................................................................................................................................30 FloodZone Designation....................................................................................................................................31 Zoningand Future Land Use............................................................................................................................32 Concurrency........................................................................................................................................................32 Utilities................................................................................................................................................................32 SubjectProperty Sales History..........................................................................................................................32 SiteAnalysis........................................................................................................................................................33 HighestAnd Best Use............................................................................................................................................35 ExposureAnd Marketing Time.............................................................................................................................36 SalesComparison Approach.................................................................................................................................37 Sales Summary and Discussion..........................................................................................................................53 Conclusion...........................................................................................................................................................57 Qualifications for Robert B. Banting, MAI, SRA, Cert Gen RZ4 Qualifications for Beau M.Arnold, Cert Gen RZ2937 Addendum: Ak PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 Page 641 of 919 ANDESQN CAPD SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS Client: City of Boynton Beach c/o Colin Groff,Assistant City Manager Intended User: City of Boynton Beach Intended Use: Establishing a purchase or selling price Taxpayer of Record: City of Boynton Beach Property Rights Appraised: Fee simple estate Extraordinary Assumptions: None Hypothetical Conditions: Yes,please see page number 6 Unusual Market Externality: Covid-19 Pandemic Location: Site is located on the west side of Nickels Boulevard, roughly 330 feet north of Old Boynton Road within an unincorporated part of Palm Beach County that is generally considered to be Boynton Beach. Site/Land Area: The subject site contains 654,397 square feet or 15.02 acres. Zoning: RS - Single Family Residential District by Palm Beach County Land Use Plan: MR-5 - Medium Residential up to 5 DU/Acre by Palm Beach County Flood Zone&Map Reference: Zone X (unshaded), Community Panel Number 12099C0786F, effective date of October 5, 2017 Census Tract: 0060.12 Current Use: Vacant Highest and Best Use: Residential/Civic PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 1 Page 642 of 919 ANDESQN CAPD Exposure Time: 10 to 16 months Marketing Time: 10 to 16 months Estimated Property Values: Value via Cost Approach: N/A Value via Income Capitalization Approach: N/A Value via Sales Comparison Approach: $3,800,000 MARKET VALUE: $3,800,000 Date of Inspection: October 12, 2020 Date of Report: October 13, 2020 Date of Value: October 12, 2020 Appraisers: Robert B.Banting, MAI,SRA Cert Gen RZ4 Beau M.Arnold Cert Gen RZ2937 PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 2 Page 643 of 919 ANDESQN CAPD CERTIFICATION I certify that,to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported general limiting conditions, and are my personal,impartial,and unbiased professional analyses,opinions,conclusions, and recommendations. I have performed no services, as an appraiser or in any other capacity,regarding the property that is the subject of this report under review within the three year period immediately preceding acceptance of this assignment. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved. I have no bias with respect to any property that is the subject of this report or to the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. This appraisal assignment was not based on a requested minimum valuation, a specific valuation,or the approval of a loan. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute,which include the Uniform Standards of Professional Appraisal Practice. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. Beau M. Arnold has made a personal street side exterior inspection of the property that is the subject of this report. Robert B. Banting, MAI, SRA has not made a site specific inspection of the property. Mr.Banting is familiar with the area and has seen this property in the past. As of the date of this report, Robert B. Banting, MAI, SRA has completed the continuing education program of the Appraisal Institute. No one provided significant real property appraisal or appraisal consulting assistance to the person signing this certification. 1) W11 Robert B.Banting,MAI, SRA Beau M.Arnold Cert Gen RZ4 Cert Gen RZ2937 PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 3 Page 644 of 919 ANDESQN CAPD GENERAL LIMITING CONDITIONS 1. Unless otherwise stated, the value appearing in this appraisal represents our opinion of the market value or the value defined as of the date specified. Values of real estate are affected by national and local economic conditions and consequently will vary with future changes in such conditions. 2. Possession of this report or any copy thereof does not carry with it the right of publication nor may it be used for other than its intended use. The physical report(s) remains the property of the appraiser for the use of the client. The fee being charged is for the analytical services only. The report may not be copied or used for any purpose by any person or corporation other than the client or the party to whom it is addressed, without the written consent of an officer of the appraisal firm of Anderson & Carr, Inc. and then only in its entirety. 3. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations efforts, news, sales or other media without written consent and approval of an officer of Anderson & Carr, Inc. nor may any reference be made in such public communication to the Appraisal Institute or the MAI, SRA or SRPA designations. 4. The appraiser may not divulge the material contents of the report, analytical findings or conclusions, or give a copy of the report to anyone other than the client or his designee, as specified in writing except as may be required by the Appraisal Institute, as they may request in confidence for ethics enforcement or by a court of law or body with the power of subpoena. 5. Liability of Anderson & Carr, Inc. and its employees is limited to the fee collected for the appraisal. There is no accountability or liability to any third party. 6. It is assumed that there are no hidden or unapparent conditions of the property, sub-soil, or structures which make it more or less valuable. The appraiser assumes no responsibility for such conditions or the engineering which might be required to discover these facts. 7. This appraisal is to be used only in its entirety. All conclusions and opinions concerning the analysis which are set forth in the report were prepared by the appraisers whose signatures appear on the appraisal report. No change of any item in the report shall be made by anyone other than the appraiser and the appraiser and firm shall have no responsibility if any such unauthorized change is made. 8. No responsibility is assumed for the legal description provided or other matters legal in character or nature, or matters of survey, nor of any architectural, structural, mechanical, or engineering in nature. No opinion is rendered as to the title which is presumed to be good and merchantable. The property is valued as if free and clear of any and all liens and encumbrances and under responsible ownership and competent property management unless otherwise stated in particular parts of the report. 9. No responsibility is assumed for accuracy of information furnished by or from others, the clients, their designee, or public records. We are not liable for such information or the work of subcontractors. The comparable data relied upon in this report has been confirmed with one or more parties familiar with the transaction or from affidavit when possible. All are considered appropriate for inclusion to the best of our knowledge and belief. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 4 Page 645 of 919 ANDESQN CAPD 10. The contract for appraisal, consultation or analytical service is fulfilled and the total fee payable upon completion of the report. The appraiser or those assisting the preparation of the report will not be asked or required to give testimony in court or hearing because of having made the appraisal in full or in part; nor engaged in post-appraisal consultation with client or third parties, except under separate and special arrangement and at an additional fee. 11. The sketches and maps in this report are included to assist the reader and are not necessarily to scale. Various photos, if any, are included for the same purpose and are not intended to represent the property in other than actual status as of the date of the photos. 12. Unless otherwise stated in this report, the appraisers have no reason to believe that there may be hazardous materials stored and used at the property. The appraiser,however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field,if desired. 13. If applicable, the distribution of the total valuation of this report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal, no matter how similar and are invalid if so used. 14. No environmental or impact studies, special market studies or analysis,highest and best use analysis study or feasibility study has been requested or made unless otherwise specified in an agreement for services or in the report. Anderson & Carr, Inc. reserves the unlimited right to alter, amend, revise or rescind any of the statements, findings, opinions, values, estimates or conclusions upon any previous or subsequent study or analysis becoming known to the appraiser. 15. It is assumed that the property is in full compliance with all applicable federal, state, and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in this appraisal report. 16. The value estimated in this appraisal report is gross without consideration given to any encumbrance, lien, restriction, or question of title, unless specifically defined. The estimate of value in the appraisal report is not based in whole or in part upon the race, color, or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. 17. It is assumed that the property conforms to all applicable zoning, use regulations, and restrictions unless a non-conformity has been identified, described, and considered in this appraisal report. 18. It is assumed that all required licenses, certificates of occupancy, consents, and other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the opinion of value contained in this report is based. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 5 Page 646 of 919 ANDESQN CAPD 19. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. 20. This appraisal report has been prepared for the exclusive benefit of the client and intended users, City of Boynton Beach. This report has been prepared for no other purpose and for use by no other person or entity than for use by the client for the purpose stated herein. Any other use of this appraisal is considered a misuse and thus the appraisers will not be held responsible for any outcome associated with use by another entity or for another purpose. 21. The global outbreak of a novel coronavirus known as COVID-19 was officially declared a pandemic by the World Health Organization (WHO). It is currently unknown what direct, or indirect, effect, if any, this event may have on the national economy, the local economy or the market in which the subject property is located. The stock market has already responded negatively. However, the real estate market is much slower to react and there is no measurable evidence at this time to make an adjustment for this very recent situation. The reader is cautioned, and reminded that the conclusions presented in this appraisal report apply only as of the effective date(s) indicated. The appraiser makes no representation as to the effect on the subject property of this event, or any event, subsequent to the effective date of the appraisal. 22. ACCEPTANCE OF, AND/OR USE OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF THE PRECEDING CONDITIONS. EXTRAORDINARY ASSUMPTIONS No Extraordinary Assumptions were utilized in the preparation of this appraisal. HYPOTHETICAL CONDITIONS This appraisal involves the use of a hypothetical condition. A hypothetical condition assumes something to be true that at the time of the appraisal date is known to be contrary. The use of a hypothetical condition in appraisal practice can have significant impacts on value conclusions and the use of the hypothetical condition herein may have affected assignment results. A hypothetical condition was used in the process of this appraisal as follows: A portion of the subject property identified as PCN 00-43-45-19-04-008-0200 and containing roughly 0.8149 acres is subject to a deed restriction filed in Palm Beach County OR Book 3739, Page 709. The restriction limits the use of the property to the City of Boynton Beach or it's successors for a public purpose, else the property revert back to the seller. We have appraised the subject property assuming the deed restriction on this portion of the property has been removed and it can be sold for private use. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 6 Page 647 of 919 ANDESQN CAPD AREA/LOCATION MAPS CV Iw= k r� stp�fd4 C L.IMry au 11 BI SaP am�� met rnpgne ri��ed� .� 1m§exq+ Royale I beach ze R r drike, � F, �� saur peon (' a 1R VV a= e e n tl ,,; ` a ,1 k•t 3 tl F L O R I ❑A p A L M 9 e A d P s § a n f v 4G€aryFGtl92 Fce otn'fudeg9GIY /q &PY EjrebY��,. Loeehelanee Nal l WatllRe Deluge O if f$ '•, ,. ,'. , 7i A pp ld H5z«eam Ch S of I v R q 1 M P KfIra�itofl ....,. g p 3 !, i' J, bRrdsR were eoyoeoe ra.R J�flN 9$� 3 Both L S K ollwood P� bhn€v�' " _Iwm[cel I.. PSa � i m wEn€w fi � �.i zane� 'akl, �n s� tau aen e a, I � iii �I w4 , ram L Raft,-_ . a ni ddrt v c4_q Em ' �.larz�a8ay,0� ... ��) "� 'et Fvdg 'BMd �h44 0 eesleh F 4., I I YaFeia t3 - i I 't 1JE 19th A e ,1. {ena Rosa Ehcla - Le Pkiv 1 P", -Ed9 5 6 RP t Lakes m Palo ve.de w - use h tl z IT,` 'r vNi €.mimes cern # II . �s i w6 1241,,a Ill . ' C�arc'RantRA Nwlln Rd 1 _ 1 ' �`-'* ala & Nal 49th NS Evry e.Er Y' 1 �' a PI eevme,.Rd it a, Y 9 -Ch,; J eh ve e n, _ alar �Nva '!niIS U71—a--... -- — W 04,aver: w;-ae ow. �e s1 AM—fl. � ;peen�5e i f fat 5e1.a�' sE71 su,l teae caaa J r .a sw nr. ses 1 1;' m sh n m P d,a ael�E, �� aad s is ym P aeBl w n k6 6enee9ee 11 I Wea@ W wleoEe [ _- �.= YV ngne fttl cwl waolF fight-Pd � i 'Maln;Bbd Ee colr '1/ I z•SwRh Blvd �� 1 PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 7 Page 648 of 919 ANDESQN CAPD AERIAL PHOTOGRAPHS s i �tJ;t a urs Subject Property u"� ` aa i�r4 I9� pperrr__gi�pp �3�. ip�+ e� 3 e 1 r � j ...NVB Y Wn @pach Blvd' i s ...,«,�Boyntarf !s ! 'Y` 7 �i.b..� B{aepa Fo st.f it"; � !•- 4 ! � �' {. ' i HarlaWe Ave- - k 4 _ < - a 9 s n Bel RIM D M1 g 6 unimproved right- KltelY.ave� �_,., of-ways to be abandoned "- Subject property consists of the 1 outlined d 4 _ - parcels out me m re f Q "''�ndnw A •. - Okeron bus �. Deed restricted portion of the subject property . m y k V+x� Pftl4dOr�AvE �{ - iY. r c � f a PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 8 Page 649 of 919 ANDESQN CAPD SUBJECT PROPERTY PHOTOS (TAKEN OCTOBER 12,2020) "AN: s � Looking north on Nickels Boulevard, subject is on the left h 1 � 4 r 3 t 5 \ ` it t t 7f� �u �}�.r w,��Eir'�� - X� .7€, �� '�ax ,�✓„r '.,� +»7�3:� � t1,tp,,�'s+, M"�"� r ` 1 Looking west on Quentin Avenue, subject is on the right and left PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 9 Page 650 of 919 ANDESQN CAPD x , t l Subject looking northwest from Nickels Boulevard near Quentin Avenue Looking west along the canal bisecting subject near the north south midpoint PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 10 Page 651 of 919 ANDESQN CAPD + 1 vlrSsF4S f�4sa£k1F�Isk+ lfr> -+ {7k k P Q a?�ja,f FF�� "— '°�s< ,✓��',. b�.,r( �` '$ a�;�v' 'a� {v1t{�,'vs -ufd3 'v , n � ,aF�F��r 5s -is t z .�,.• {' �x�.'�Iu�riv,� c1kj w az rt �,,,z<t�� +�,"s.rY ,yr r,SK `Yin:�'r_.i � ,.,'1 Subject looking southwest from Nickels Boulevard near the canal 7 `1j1y�� }15k tk S4 { '1i( s t � \c ��vis £ r� .r F+ tutu sstF7eFr,�tF S ;«5i F: � r } s i s i t vt -av F 9�S sr�k 4 +,a �t to Subject looking northwest from Nickels Boulevard near the canal PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 11 Page 652 of 919 ANDESQN CAPD t , LINK t t� �t s� Looking south on Nickels Boulevard from the north end, subject is on the right � 3a,1t f„ arta, f a ' t Subject looking southwest from Nickels Boulevard near the north end of the road PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 12 Page 653 of 919 ANDESQN CAPD PURPOSE AND DATE OF VALUE The purpose of this appraisal is to estimate the market value,fee simple estate, of the subject property as of October 12, 2020. PROPERTY APPRAISED The subject property consists of 15.02 acres (654,397 square feet) of vacant residential land. The property has a Single Family Residential zoning designation with an underlying developable density of up to 5 dwelling units per acre. The subject property is located on the west side of Nickels Boulevard, roughly 330 feet north of Old Boynton Road within an unincorporated part of Palm Beach County that is generally considered to be Boynton Beach. We note that the subject property as it sits contains a total 13.37 acres (582,397 square feet) and is bisected (east to west) on the north half by six unimproved right-of-ways. These right-of ways measure 40 feet by 300 feet each totaling 12,000 square feet per right-of-way and 72,000 square feet (1.65 acres) overall. We have been instructed by the client to assume that these right-of-ways will be abandoned and to include the additional land area as part of the subject. (582,397 + 72,000 = 654,397 square feet or 15.02 acres). The subject is zoned RS -Single Family Residential District by Palm Beach County. LEGAL DESCRIPTION The legal description for the subject property was taken from the County Property Appraiser's public access system. Lots 8 to 31 inclusive (including the right-of-ways adjacent thereto)in each of Blocks 6, 7, 8, 9 and 10, West Boynton Plat 2 B, Plat Book 15,Page 13, Palm Beach County, FL and Lots 26 to 49 inclusive in each of Blocks 6, 7, 8, and the abandoned right of ways of Noreen Avenue, Oberon Avenue and Pandora Avenue lying adjacent thereto, West Boynton Plat 2 C, Plat Book 15, Page 14, Palm Beach County, FL and Lots 20 to 25 inclusive and 50 to 56 inclusive, Block 8 and the abandoned right of way of Pandora Avenue lying adjacent thereto,West Boynton Plat 2 C, Plat Book 15,Page 14, Palm Beach County, FL PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 13 Page 654 of 919 ANDESQN CAPD DISCLOSURE OF COMPETENCY Per the Competency Rule contained within the Uniform Standards of Professional Appraisal Practice, the appraisers hereby affirm that they are competent to complete the appraisal assignment for which they have been engaged by the client. INTENDED USE AND USER The intended use of this report is to assist the client and intended user in establishing a purchase or selling price. The intended user of the report is City of Boynton Beach. This report has been prepared utilizing generally accepted appraisal guidelines, techniques, and methodologies as contained within the Uniform Standard of Professional Practice (USPAP), as promulgated by the Appraisal Foundation. CLIENT Mr. Colin Groff Assistant City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 DEFINITIONS Market Value The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) Buyer and seller are typically motivated; (2) Both parties are well informed or well advised, and acting in what they consider their own best interests; (3) A reasonable time is allowed for exposure in the open market; (4) Payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) The price represents normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) and the Interagency Appraisal and Evaluation Guidelines, Federal Register, Volume 75, No. 237, December 10, 2010). PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 14 Page 655 of 919 ANDESQN CAPD Hypothetical Condition A condition, directly related to a specific assignment,which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. Comment: Hypothetical conditions are contrary to known facts about physical,legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis (USPAP, 2020-2021 ed.). A hypothetical condition was used in the process of this appraisal as follows: A portion of the subject property identified as PCN 00-43-45-19-04-008-0200 and containing roughly 0.8149 acres is subject to a deed restriction filed in Palm Beach County OR Book 3739, Page 709. The restriction limits the use of the property to the City of Boynton Beach or it's successors for a public purpose, else the property reverts back to the seller. We have appraised the subject property assuming the deed restriction on this portion of the property has been removed and it can be sold for private use. The use of a hypothetical condition in appraisal practice can have significant impacts on value conclusions and the use of the hypothetical condition herein may have affected assignment results. PROPERTY RIGHTS APPRAISED The property rights appraised are those of the fee simple estate. Fee simple estate is defined as absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain,police power, and escheat (The Dictionary of Real Estate Appraisal, 6th ed., Chicago: Appraisal Institute, 2015). TYPICAL BUYER PROFILE The typical purchaser of the subject would be either a residential developer who would develop the site for lease or resale or an owner/user/operator that would develop the site for some type of group home or civic use.The comparables utilized in the sales comparison approach to value reflect these trends. SCOPE OF ASSIGNMENT The traditional appraisal approaches include the cost approach, the sales comparison approach, and the income capitalization approach. We have considered all three approaches in this assignment, and determined the sales comparison approach to be applicable in this assignment. The cost and income capitalization approaches are not applicable in the valuation of land. In the process of gathering data for the sales comparison approach to value, we conducted a search of our appraisal files and public information sources such as the Palm Beach County Property Appraiser's public access system and the Palm Beach County Clerk's Office, as well as subscription based information services such as CoStar.com for comparable sales in the relevant market area. We searched for the most similar sales to the subject property. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 15 Page 656 of 919 ANDESQN CAPD The sales ultimately selected for further analysis were the best comparable sales we were able to find in this market. We obtained and verified additional information on the comparable properties with a party to the transaction, or a broker or agent of the parties when possible. Physical data pertaining to the subject property was obtained from a limited street side inspection of the premises and public information sources such as the Palm Beach County Property Appraiser's records. Other data pertaining to the subject property was obtained from the Palm Beach County Clerk's and Tax Collector's offices and local planning and zoning departments. The product of our research and analysis is formulated within this report for analysis of and direct comparison with the subject property being appraised. Additionally, we have used original research performed in preparation of other appraisals by this office, which is considered appropriate for the subject property. We make no warranty as to the authenticity and reliability of representations made by those with whom we verified sales, rental, and other information. We have taken due care in attempting to verify the data utilized in this analysis. We based our analysis and conclusions on overall patterns rather than on specific representations. Per USPAP Standard Rule 2-2 this analysis is an Appraisal Report presented in written format. The analysis and conclusions of this appraisal assignment are presented in a narrative appraisal report. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 16 Page 657 of 919 ANDESQN CAPD IMPACTS ON COMMERCIAL REAL ESTATE FROM COVID-19 The following news article indicates that sales volume has decreased;however,prices are still increasing but at a slower rate through April, 2020. "Commercial real estate price growth flattened in April as deals begun before the pandemic were completed and overall transaction volume slowed sharply, according to the latest monthly CoStar Commercial Repeat Sale Indices. The CCRSI equal-weighted U.S. Composite Index, which reflects the more numerous, but lower-priced property sales typical of secondary and smaller markets, increased just 0.1%. While significant impact from the coronavirus has yet to be reflected in pricing, the monthly gain was down from the monthly average gain of 1.5% in the period of January through March. The value-weighted U.S. Composite Index,which reflects larger asset sales common in major markets,rose 0.5%in April. The monthly gain was on a par with monthly gains in the first quarter of the year. CCRSI price indices ticked up modestly in April, boosted by the closing of some deals that were in negotiation prior to lockdown periods. However, liquidity indicators suggest near-term softening in pricing is likely," said Nancy Muscatello, managing consultant for CoStar. "The number of trades in April was down from prior month totals, and the average days on market for property sales, a closely watched liquidity indicator,rose for the first time since 2012. The slowdown was most evident in the lower-priced property sales segment, with deal volume down 10% compared with the same period in 2019. Deal volume in the larger asset sales segment volume was down 6.3%. The average time on the market for for-sale properties increased to 202 days in April, up from 197 days in January. This 2.4% increase over the four-month period is the first meaningful uptick in the average time on the market since 2012. The share of properties withdrawn from the market by discouraged sellers was at 26.5% in April, about steady from the withdrawal rate in March. CoStar's repeat sales index provides the market's first look at commercial real estate pricing trends through April. Based on 613 repeat sale pairs in April and more than 226,602 repeat sales since 1996, the CCRSI offer a broad measure of commercial real estate repeat sales activity. When a property is sold more than once, the price change from the pair of first and second sales are used to calculate price movement, and those sales pairs are used to create a price index." By Mark Heschmeyer CoStar News June 1,2020 PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 17 Page 658 of 919 ANDESQN CAPD PALM BEACH COUNTY SUMMARY M A R T I St.Lucie Gana! - Hobe Sound t ]08' Ind antoSJq 6 L A D E S ms-m m mmmrm-m ar,d � t#edtd nmaa ms mmmm'mmm ' �.� wrt?k 2 V io, Y � �r; tltil P4lnEo x � . a i ' gFahokee _ I edC�r't F%i ri .( s 850 ,4 aPsrk v L _ raar l'1A]81111 Be h , H a`= L809 k1166 r RnP� oa �Be h •A ! J 7.,N I r c - - gy �27'. IlBella Glade *1 '—" Ittl�¢dtlfi I 1964h Eay 'rr Wellingtrl BSP Pam `� a o ( s Lai@Wo .. .. ., a - —F L R.'I'U A P A L M B, A G H _ r •r g eoz, 1 a i an H E N D R Y m- AAhu'r R.)M.,hall Lnxehatehee, nal $u�i ' :Mldlde Re(p9e r m 4� a a T h e Z E u eaaa ��P- �e§WIt s' �m m n ap„a,Ammrwm®n ama ,mss�$ saeeUl-,I'll, , i. i ,. .. - �Rlit P rklantl B& Cypress Ind—Regefaati n v869 �' aldl Btor4 5p ngs - . o r , _ } � � ,aaa� Po pannQes�plut�nisods 'r r Lv rglades Wddlde°Manag ellt.Area NoNlsrgate 'C 4 Cees' ` FI rd Stale' North L tlertlaleo r: C P L L E R.. Ncr� ukee ( y.E R Q 4' R 0pn#eat'hit ENO Cypress - Ir�dran amara gat onal P—pir.e,ar "Regie uatmn nrk IXskland$X�rk' AAJ Geography Palm Beach County is located along Florida's Southeast coast. It is bordered by Martin County to the north, Hendry and Glades Counties to the west, Broward County to the south and the Atlantic Ocean to the east. The northwestern portion of the county is made up of Lake Okeechobee, the largest freshwater lake in Florida. The county is located approximately 80 miles north of Miami and 260 miles south of Jacksonville. Palm Beach County encompasses approximately 2,203 square miles with roughly 1,974 square miles of land area, 229 square miles of water, and 47 miles of coastline. According to the U.S. Census Bureau's 2015 estimate, Palm Beach County has a population of 1,422,789; an increase of 7.8 percent from the 2010 census statistics of 1,320,134. The vast majority of the county's growth has been a result of in-migration from the northern states as well as from Miami-Dade and Broward Counties to the south. Palm Beach County ranks as the third most populous county in Florida behind Miami-Dade and Broward Counties. The county includes 38 incorporated municipalities; the largest of which is West Palm Beach, the county seat. Boca Raton, located at the south end of the county, is the second largest city and one of the highest income retail trade areas in the United States. Miami-Dade, Broward and Palm Beach Counties are known as the "Gold Coast". This area is approximately 110 miles from north to south,but only 20 miles wide at its widest points. This is the second longest urbanized area in the United States,just behind the New York Metropolitan area. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 18 Page 659 of 919 ANDESQN CAPD Transportation Vehicular Travel Interstate 95 is a major north/south thoroughfare that connects Palm Beach County to the southeastern and northeastern portions of the state, and then continues along the Eastern Seaboard to Maine. Florida's Turnpike also passes through the county and provides connections to Miami-Dade and Broward Counties to the south and Orlando to the north, connecting with I-75 around Leesburg, FL. Other north/south highways include AIA, U.S. Highway 1, Congress Avenue, Military Trail and U.S. 441. AIA connects the coastal communities along the eastern edge of the county while U.S. 441 connects the more western communities such as Wellington and Jupiter Farms. There are numerous local east/west roadways with Southern Boulevard and Blue Heron Boulevard providing access to the most western portions of the county including Belle Glade, as well as Florida's West Coast. Airport Palm Beach International Airport (PBI) is centrally located 2.5 miles from downtown West Palm Beach and adjacent to I-95 providing air service for communities throughout Palm Beach County. PBI opened in 1988 and has expanded over the past 30 years. There are currently fourteen major airlines operating with numerous domestic flights and international flights to the Bahamas and Canada. The airport's growth necessitated a direct access overpass interchange with I-95 which significantly improved ingress and egress for the airport. Palm Beach County is also home to four commercial executive airports. Rail Service and Transit There are two main rail corridors in Palm Beach County, the Florida East Coast railway and CSX railway, partially owned by the Florida Department of Transportation to run the Tri-Rail commuter trains.AmTrak is a passenger train than runs throughout the county connecting passengers to other parts of the country. Brightline, the express intercity high-speed rail system runs service between Miami and West Palm Beach with a single intermediate stop in Ft. Lauderdale. It began service in May 2018, with an extension from West Palm Beach to Orlando via Melbourne planned to open in late 2021. Palm Tran is Palm Beach County's public transportation provider for fixed route passenger bus service. It also operates Palm Tran CONNECTION and provides paratransit services for qualified users. Local municipalities and Tri-rail provide various trolley and shuttle services throughout Palm Beach County. Port of Palm Beach and Intracoastal Waterway The Port of Palm Beach is located in Riviera Beach, FL and is an independent taxing authority district with a five-member Board of Commissioners. It has an annual cargo tonnage of 5.1 and passenger traffic of 550,000. It is the fourth busiest container port of Florida's 14 deepwater ports and 18"in the United States. Unlike most ports in the US, the Port of Palm Beach is an export port,with approximately 80% of its cargo being exported. The majority of the cargo goes to support the island nations of the Caribbean, supplying 60% of everything consumed in the Bahamas. It is home to Bahamas Paradise Cruise Line offering two-day cruises to Grand Bahama Island. The Intracoastal Waterway represents one of Palm Beach County's most identifiable marine destinations. Roughly 43 miles of waterway serve as a regional connector between 23 of the county's municipalities. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 19 Page 660 of 919 ANDESQN CAPD Economy At 2,000 square miles, Palm Beach County is the largest in area for the State of Florida. The county had experienced favorable demographic and economic conditions over the past five years until March 2020 with the onset of COVID-19.Although job and demographic growth had outpaced the U.S. across the board for the past several years, this area has been dramatically affected by the recent pandemic that has caused economic conditions to change rapidly across the world. The county's current population of 1.5 million has grown by close to 15% over the past decade, more than double the rate of the remainder of the country. In early 2020, the county's labor market had grown by 15% over the past five years. The unemployment rate according to the U.S. Bureau of Labor Statistics in January 2020 was 3.6%, however, with the closing of retail stores, restaurants and hotels, unemployment has skyrocketed to 14.1%, a twelve month change up 11%. Palm Beach County has greatly benefited from Florida's lack of a state income tax. The region has always been popular with wealthy individuals from across the country and the world, but over the past five years has seen an even greater influx of wealthy individuals active in the financial services industry living in high tax states,bring significant parts of their wealth and business to the area. The tax dynamic, combined with a very strong business services infrastructure and a large talent pool,has created more jobs. Palm Beach County's 650,000 strong labor force is service driven, with over 80% of the labor force employed in private service provision. Trade and transportation is the largest sector with close to 20% of the county's jobs. Palm Beach County's agricultural output ranks the highest in the state nearly doubling that of Miami-Dade. It consists of over 1,400 farms with over $1 billion in sales of crops and a $10 billion economic impact. The largest employer in Palm Beach County is the Palm Beach County School Board, the tenth largest school district in the United States, with close to 23,000 employees and a $3.5 billion dollar budget for the 2019-2020 school year. Palm Beach County employment by industry is shown in the following table. The forecast is very uncertain due to the unknown effects of the COVID-19 pandemic. Economy mczm�� F'l4LM BEACH 119t11="LOYMENT BY INDUSTRY IN THOUSANDS DS Curt lLsweil 12 Month Oianga_ tayimuchavige s Y%aR fwmscaat NAICS induaby Jobs LQ Manibt LIS a,xAE"t us Market us Manufacturing 17 L4 '.. _Tc t1% 21.90% 0.79% _ti.::0% 3136% 4.249 Trade,Transpaxrtation.and Udlides 88 1.0 2 50% 23:"fit`.?% -L Cj216 '1.521% 580% 5.421% . Retail Trade ..._80 1.2 24.211% _23,33% .L e216 1.B&uA 552% 5.23% . Financial Actiwriti� 38 1.2 12 tKA6 .'331A 0.74% __O 0`��`re 313% 3.12% C-vernnnenl: G7 G.7 3-1d%..... 1.779% 0.22% 13.11% 17-58% ....13.40% Natural Resources.Mining and OanstrurAon 35 1.2 .1 J.15W. -13.57% 3.519% 1.34% 3-5,9% _3.2B% Educator n and Heatth:Semces IC14 1.6 ;.9"�.._ :7 084% 2.58'% 1.92% 1.30% 1.21% . Frsrfessiianal and Business 5eru4oes _103 1.3 1 1.C_M .a 37rA 2.08% 1.a2% 319% 2.98% . Infbrrmaatiorr.... 5d 68 12.60r'r"s. E1.4'Y3r'r"n 6 18:% _O n�.�`re 2.04% 1.94% Leasure and FPraspitarf ty 78 1.3 14.42p% 3.8cs=k :.479% 13.889E 3-5595 .._3.539E Gth Services. _28 13 -.17.25% _;6 e.Tlke 0.11% .d3.32% 379% 3.44% T 5691 'I 11&49914 11A t1 0.7453 7O A7%, " Sourca Oxford E�nvm LQ=I-Dc ition Q n tent PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 20 Page 661 of 919 ANDESQN CAPD Commercial Real Estate Industrial Leasing- Weakened demand led to mild upward pressure before the onset of the coronavirus pandemic. New supply mirrored weakening demand conditions. Rent-Palm Beach industrial rents are close to $12.10 per SF, a third above the national average. Industrial space dispersion across the metro translates to a wide rent range from$9/SF to $16/SF. Construction- Construction continues but has slowed down, which will likely cause future deliveries and groundbreakings to be delayed. There is currently 1.2 million SF under construction, close to the national average. Sales-The current uncertain environment suggests that transaction activity is likely to slow, as uncertainty heavily weighs on investors and lenders. Prices are at $140/SF. Overview °12 Mo Del isreries in S 12 Nay Net Abse rpstion in SF vacancy Date 1211011c Rent Gmwrtls With an average submarket snze that is six times smaller Deall vollume for the year before the onset of the crisis than in neighboring Miami and Fort Lauderdale,Palm was robust Activity in the first quarter of this year was Beach County is Florida's largest coulnty,by area,and a:morig the strorigest over the past fermi years,even industrial properties are widely dispersed acrosss the though transaction volume declined significantly since metro.Most inidu'striiall space is off of 155,and the most March.But despite the strong Beall momentum,,the slgnifl cant:nodes contain ing clusters,of warehouses over economic fallout will Illkejy cause prices to drop for the 7`.,000 St=are near Palm Beach Gardens and just north first time in more than a decade. of Boca Ratoni..Paim Beach industrial demand is primarilly dnveni by the local economy thought some We are continuously updating our market anallytics on demand comes from trade activity at the Port of Palm CoStar_com to reflect the fallout from the onset of the Beach.. coronavirus pandemic.You may run alternative economic scenarios by navigating to the Market.Analytics tab and Vacancies were on the rise for several quarters before selecting the Data Export m.enui-On the right-hand side the coronaviruis pandemic onset.Thouig hi the crisis is ofthe page,you may choose from several scenarios having,a limited operationiall impact on the metro's before you download data.If you grant to get more industrial market:so tar,the weakening economic outlook iinfomnationi oni the assumptions made under each will weigh dlown demand and looks-set to pushi vacancies situiatio i,please navigate to the top of the Data Export up and rents down by the end of the year. page,and select Documentation. and U.S.Economic Scenario Descriptions. KEY INDICATORS 2-11 GklMIA V—yr Pg. Mwkt IRerat .4avML bl"R.L. Not Abwitibmm x�rtae iu.,. Logistics 41.1:36.177 4.1% $11.55 7.811. 5,7e4 0 1,0-38.063 . Specialized€ndusiriai _._. 11.3131.785 2.3i% _ $'10.96 7.5:% D 0 0 Flex _... 9'.72,3.050 4.4'.,a $15.30 r.5'.•;. _ ,301,3411 0 198,610 e,4j6'1.§4 f... 3 S12.1'3 "3. v3?'T�. !�. .�. dl., Nlimtir� �cvalcas/ AffiMM raM 12 MOW& AWO-9a A ds POMMGM nnol t1 MGM Vacancy Charge(YOY) _ D 1% 5.41+e 4.9 e 1 1.6115 2009 Qr'l 2.5'+e 2017€4 N.1 Abr ptiaes SF �,d, r.:;� 593 X76 598 157 3,215,847 :2[105€]3 s:', ,r 2t}69 Q3 . Debveries.SF SSt M. 769 52B _ 965232 9,797,20t 2600 CA 9,ow 2013 Reit Gmw th .._ 3 a r, 2.2% 2.S';5. 8.4% 2661 Q1 —, 20, 21.+0••9€_4 Sales vok, e $332 M $183.2M _ NA _$429.88 .2619 08 _$35,15M _ 20y16 01 PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 21 Page 662 of 919 ANDESQN CAPD Office Leasing- Before the onset of the coronavirus pandemic vacancies had steadily declined over the past decade. It is too early to evaluate the impact on office employment as both state and federal government have implemented support measures to businesses through the pandemic. Rent- The demand outlook remains uncertain as the full impact of the coronavirus pandemic is undetermined at this point. A weakening economic outlook will likely translate to significantly lower rent growth over the next few quarters. Construction- Construction has slowed and the disruption of the global supply chain will complicate the sourcing of building materials. The construction pipeline is at 1.3 million SF, the highest over the past decade. Sales-As with the rest of the country, the pandemic has disrupted financing and added uncertainty when pricing transactions that are currently in the pipeline. Overview 12 Mo Deliveries in SF 12 Mo Met Absarpation in 5-.F Vacancy Rate 12 Mo Rent Growth 1 1 X70 &U -70 The coronavirus pandemic has had a significant pandemic.Any further weakness in office employment oiperation aI impact o ni Palm Beach's office mark et. growth is(likely to irnpoct demand far space,especially Construction has:shed down and the vest majority of new dlellivertes,as well as rent growwthi_ companies have transitioned their employees to work from home-The majlority^of the county's office We are continuously updating our market anallytics on ernployment sector,its operational rermoteliy,while those Costar-com to reflect the falllout from the onset of the that have to work with publiic offices and the court systems coranaviru SL pandemic.Your may run alten°Iative economic are at a stanolstiilt,as pubiiic offices wrlll remains closed in scenarios by navigating to the Market Analytics tab avid the foreseeable future. selecting the Data Export menu..On the right-hand.side of the page,you may choose from several:scenarios. It is too esriy to evaluate the impact on ofifiice before you download data. If you want to get more employment,as both the state and federal government info rmation oni the assumptions made under each implemented,measures to support,especiiatly small amid situationi,please navigate to the top of the Data.Expert medium-sized, businesses in the area Both the niationiall page,and select Documentati'en,and U.S. Economic and the Palm Beach metra office employment growth .scenario Descriptions. decelerated before the onset of the coronavirus KEY INDICATORS currmll Qualter ... FIMA Vacancy Rob MaMik Itimmt AWA Imty Ra$el4�t sr- Dem 31• tF caftatruatum 4.&5 Star t.3,83.0.666 ..13.4% W.ao 1.5.6% 7,13.5 o •573.7.57 3 Star _ 28,147.988 9.01% _ $33.57 11.9% i5,:Ya _._ o 41D.436 1 P 2 Star _ 14,681,143 8.04 _ $22.38 10.816..... 11-, 351 ._ o _ G 56„x{, 7 117E 1 `133%.. 162,925),' 1 925 0. "'M'193 Annual Treaft 12 Nkmft ".+neracal Faffa M �aaa 4d han T—sh Man AwlVacanoy Chaff;Yt3Y) d 71% 1t 5% 10.8% 17.2% '2016 03 6.&% 2ODD 0-1 . Net Absorplion SF..... a K' ....545,5933463,313 .....2,182,727 2DD4 Q4 _._ E 1,31'x,077: 2000 Q1 D,Egiveres SIF _ 217 Y, 790,8315 743426 2470.37.5 2D08 04 _. 055.949 201202 Rsnt Growth _ 5'C11% 2.4% 2.1% 8.9r% 2D16€33 _... -7,6% 2G69€24 Sales vokatne _ $670 tt 68 1h1 WA $1.48..... 261502 ... $101.4 M :2069 04 PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 22 Page 663 of 919 ANDESQN CAPD Retail Leasing- At the onset of the pandemic, vacancies were close to the lowest point over the past decade, however, the retail sector's outlook is uncertain.As the market reopens, the affluent seasonal residents who remained in the area may help mitigate the demand fallout caused by the pandemic. Rent- Rental rates are currently at $28/SF, close to a third above the national average. The coastal submarket has the highest retail asking rents at more than double the metro average. Construction- Construction activity has slowed significantly as the sourcing of building matrials became more complicated and expensive.There is close to 680,000 SF under construction. Sales- The current uncertain environment across the globe suggests that transaction activity is likely to slow, as uncertainty weighs heavily on investors and lenders. Overview 12:Mme 13.1,ercles rm S 12 M.FfetAtssarcAsti—m SF Yacancyv Rate 12'.Mme 72—t 0rawerth 441 K 80.2 K 4.700 4.200 °vacancies were stable and close to 4 5-%before the p,release rate for properties In the works its chose to 95%. onset of the coranavlrus pamdentiic.A reasonablly law Salles a;ctliwity over the past few givarters was healthy, Revell of deliveries aver the past dlecade,coulpled with prolonging a rnultiryear stretch of good investment strong demand,sent the vacancy rate on a downward conditions..The oultlook for the market remains uncertain, trajectory for the better part of the past 1D years. as sociall diistanctng measures have not ont(y caused an Immediiate lass of business but wiilll weighs heavily oni The metro's major retail drivers inic.lude favorable demand for the rest of this year.. dernographiics,median house h,olld incomes that are close to the U.S average,and a large number of retirees,many Costar is continuously updating market analyti....cs to of which spend part of the year in the area.te'PlhRe Palm reflect the falllout from the onset of the ccaronaviirus Bea chi is Iless,relliant can tourist activity,when cortnpared pandemic.You ma run alternative econconnic sceniarios to neighibonng Miiamii and Fort Laudiercl:ale,the sunset ofi by navigating too-the Markel Analytics tab and sel,ectiing the ccaronaurru's pandemic in March had a profound and the Data Export menu.On the riight hand side of the immediate negative impact on the rrnetro's retail)sector. page,you may choose from several l scenianos before All retail outlets,except grocery stores and,other you download)data ifs you want to.get more Informationi pharmacies,were ordered to close overnight,leading to on the assunnptionis made undereac:hi situation,please significant loss of business actnvity_ na,vig:ate to the top of the Data Export:page,and select: Documentation,and U.S...Economic Scenario Construebion has been very measured over this decade Description's. before the onset ofthe coronavirus pandemic,and the KEY INDICATORS- lc fl Gm r R.&r9 vacancy'Rata at ROM .1 aal'�&iYlL9'Iota �� DoN SEF 11 Wn W S� olmatrucbm Mags 91586,0137 3.3% $32.89 2.e'r'e atlG, 75c _. 0 0 ,. PoSwerCenter _ 3,526.642 5.E�% _ $30.47 Ba'r'e..... ,,3 5 ills {t 0 Nelghborhacul Cenbew 34.13.1.041 6.l'ra $26.71 8.4%..... t42,M,21 _.. 4..... Z43.229 St,rp Centar 5.4213.759 6.6n% $25.87 5.6'...p..... ,30,821 I 4..... 4 General Reta,I _ 34,220,1:31 _ 3.5% $25.13 4.5;+e...... 215,5:20 _. 222,304 238,281 otA�r... 860'„087 11.7111;. $35.80 2.45'%. p 4 ..148.5-57 T.nda 921MWO RateMM fie' Fo a CO tt w1 ban Trina ah whoa Vacanoy Cha aYOY) D,1% 5,s% 5.5% 8.7'r'e 2D10 Q1 3.VA 2OD6 Ut _. Nm1 Abs don SF _ 817..2 K 536,563.... 364,521 1,440,845 2D[17 Qi __. 2 6,,!drZ) 20138 QS D,Ower.s SF 449 K _ 725.388.... 882,:38 2,537,314 2D[18 Q4 188.57.3 2412 Q1 Rerxt G—th +4.:2h 1.6% 2.2% B.t;+e...... :2017€31 _. rt% 20090.3 Sales V.&—. _ $712 AAP _$627.&M NA _ $1.BB.... :2015 Q3 $1-38.3 M 20090.3 PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 23 Page 664 of 919 ANDESQN CAPD Multi-Family Vacanep The metro has benefited from substantial population gains over the past decade, however, economic uncertainty over the medium term looks set to dampen the apartment outlook. Rent-Asking rents have been on the decline since the onset of the pandemic wiping out most of the rent gains over the past year. Rent declines are weighing more heavily on high-end apartments, as the metro has seen substantial supply gains in the category over the past few years. Construction- The onset of the pandemic slowed construction and may lead to project delays and a slowdown in groundbreakings over the next few months as owners, lenders and developers come to grips with the changing economic landscape. Sales- Palm Beach apartment prices rose by close to 60% over the five years prior to the onset of the coronavirus pandemic. The outlook, however, has changed as the current environment suggests that transaction activity is likely to slow. Overview 12 PAI®_D.Hremd Uruits. 12 MA•m fR6s®epti®n:Units Vacancy Rate 12 M..A:ski.g Rent G—th 11295 415 8.007/0 70 The onisetof the coronavirus pandle:mic is havrng an market. Landlords are working withite-niantsthat have iimm ediate and significant impact on the Palm.Beach been adversely affected by providing rent diisco,ulnts, apartment market_Over the short term,construction has, waiviing late fees,and working outlonger-term payment. slowed,,causing;future dlel1venes and groundtareak ings to pfanis.Vaicanciies are set:to rise by the end ofthe year, be.delayed The disruption to the global)supply chain is p,rirnarilly because of the neer supply cc rasing to market. causing construction matenall prices to rise. Some Apartment tease--up periods are expected to rise,as proposed projects could)be cancelled),depending on how people opt to renew rather than upgrade or move amid a. firm financiing arrangements are and how dleteno rusting period of economic uncertainty.. demand conditions are impacting a projects vrab1liity.. We are continuously updating our market a_niallytics on Rent growths its the most sign ificant cassia Ity sin ce the Gra;•tar..com to renect the fallout from the onset of the oniset of the p,a.ndlemic Asking rents have declined, coronavirus pandemic..You rn...ay run alternative economic wiping out the year-over-year rent growth..MAleanrngful scenarios by navigating to the Market Analytics tab and rent declines are,expected by the and of the year Areas selecting the Data Export:menul..On the rigbt-hand slide with Nigher construction activity wiilli frail worse than ofthe page, you may choose from:several scenanos, markets with lower re nit to-iincom:e ratios and more before you download data.. If you want to get more moderate construction activity..The focus has now shifted info rmatio ni oni the assum...pt,ons m,adle under each to collecting rents. situations,p,le.ase navigate to the top of the Data.Export page,and select Documentation, and U.S..Economic Vacancies have not moved)significantly siince.the onset .Scenario-Descriptions. of the pandemic.,as the crisiis is iimpecting the entire KEY INDICATORS •Cuer'ran$Quo-avtuir lutilte. 4Pss=sat YPeter Ae*JRg:.F—A u:'tR—a—F—A ' 'lBs—d'u8e unft �Lrna�N' 6r 4'3.5 Star 25.28.1 ::.10.0'! $1.8547 $1.829, 8.i 0 3,841 3 51.r 25.435 7.0% $1.498 $5.497..... r 0 1.!735 1&2.Stas.. _ 52.303 5.,5°s;. $5.142 $5 13Z 1 0 _.. 0 0 "B 1 1 is HT rt A a AMMA Trete 121 reea®s � pwa qtr 7-r +mhos V.Darcy Chary aYOY' 1,2%. 7.9','m B.sk%- 10.0% _ 2009 41 5.2.. 2014 Q-3 _Ab—Fti—Units 415.... 1.511 i S'ka _ 3,570 _ 2016 43 21 5 2008 43 _6sOvered Units _ 1,295 .....1.277 1'1505 _ 3,255 _ 201742 _.. 0 201144 Dem Ic hod UnAs _ 0 _ B7 _ 80 396 2016 41 0 2020 42 Asking Rent Gro th(YOY} 0.&% 2.4% 0.e%, B.S% 2006 t]3 _.. -3.3% 2009 Q4 Effe five Rent fimaiwth IYOYi 0 7'+e.. 2.4% 0.a'.d°e 5.7% .2008 48 _ 2',;, 2006 Q4 .....Sales V.&—. _ $4415 M! $:55s 9 M WA $1.9B 2018 42 _.. 561,6m 2008 45 PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 24 Page 665 of 919 ANDESQN CAPD Residential Real Estate r�yf l+m `� �...................... �� ........... � IIIA .,.� 1'�� Claaed Sales991. 1,870 -47-0% '_ r a Md,in cash 915 678 -49-8% 4, Md Madsen Sale Mee $afis.oiH7, $264.900 it(?% AveBage Sale fi tWE $655,752 $591,,779 1dy S°.6 DOW VOILI eae $649.9 Mullen $1,1 Billions. -41-3% j Median Eprtar at 4f Original 95.0% 94.6% 04% LW Prize Reekqsad Medaen llillne to d;$nArefll �'i mByS.. psi I'7Y`5: -�'ilS 8^, i Meduen 1fGmatfl Sale 84 t78y^g 97 Days -IS-4% ' + New pending Salts I., + 3 tNew Listings 1„931 2,139 -S-7% t =+ Pomading In%entnry 2,619 2,155 -17-0% r r + + InvenNoy(Active Listings) SISSO 7,184 -18-6% Months Supply of Inventory 4.3 SA -15-7% OIs: * ,,. Claud Flea 597 1„453 -S&9 .. P d in,CRA US 940,. -62.1. .. Median SgiaNce $200,OW $185, $.1 c v I { age Sale Nice $343,898 $283,898 21.1% �R, O#nt whinfe S205-3 Million S412-5 Million ,50.2% Median ftcanit 0 Ofitlitial LlstNice sled 925 93,6 1.2�&. 52 Days 56 Day5 Median Time to Gaintralull Median Time laSale 94 Days 98 Days -4-1%. Neal pending Sales IJD4 1,18D lystr 1..716., 1,600 7.3 l rn Inve YtBry 1,762. 2,319 ,2.4.0 7 r 7i r 1 14$SUP011 304 IB'WAt 5.9 5,6... 7.3. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 25 Page 666 of 919 ANDESQN CAPD DEMOGRAPHIC TRENDS Po;xAaiion 1,512,113 331,224,1 1-3% 0.7 1.4% Ok 7 1 A 0.7% Households 581,2250 122,475,909 12 O7 5 X7,9% X7.7% 1.4 0, ae� hold a ,125 ,2 4 3,55% z'5 _ ,7 Labor Force 746,395 164,4315,35% 11% 0.9% 1.9% 07% 1.1% O.5% unomployriwnt 11% _ _. _ _ Source-.Oxforo Economics POPULATION GROWTHFORCE GROWTH INCOME 4LN CVn d Source'Oxford Economics Conclusion Some of the factors that fed Palm Beach County's past growth diminished in 2007 with a decline in the national economy which included reduced home prices and high unemployment. This trend continued until the middle of 2011 when signs of stabilization began to emerge. In the fourth quarter 2011, sales activity began to show signs of recovery. A slow but steady rebound in the market continued into the beginning of 2020. This changed in mid-March 2020 with the closing of schools, retail stores and all non-essential businesses due to the COVID-19 pandemic. With all of the closures and a stay safe at home recommended by the CDC,unemployment rates increased all over the United States and the world. Though long-term outlooks are uncertain due to the coronavirus pandemic, Palm Beach County as compared to many other areas of the country is considered positive due to the broad employment base and desirability as a winter tourist destination. There continues to be an influx from the northeast as the early intensity of the pandemic hit the NYC metro and many are moving to the area to escape months of quarantine. As population grows, more supporting commercial, industrial, and service development will be required. These factors, combined with a finite quantity of developable land create a positive real estate outlook for the future. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 26 Page 667 of 919 ANDESQN CAPD NEIGHBORHOOD DESCRIPTION ':.fie P i 8 Blvd- - 3 Both L 6 nall ad F2 -7 PMnpr Rd �. - . 4t=Whtte Fe x r Y2 ;, II�� ,f,'I .Gateway Blvd, - I 1 h16 43t'h Ave ,�' M £f 5 J `4 ly 1 a i, If I ii ,. .�� vn l sthj-Aroa = Pi 1(Y,� T sten,ekes Blwd Aladdin J\ve � � II lanas,o' Bey©rrm�ad�v.wa a�; cuet�ns a«e II ll I '. �x rrayarw i germ nva�� tde Mth& fiercea'-Errcle �y�Pe+drSe BWd T � Bd9a N u e d takes- 809 Pala berde Dr 1(I 6 t Beach FL 33929 �d 41i.!# i N413 ecrzaGon C�m m N 12�'h Ave j R _ � �. �l ,, iafF Ranch h4nto Rd R, assee P1 . � 1 9--.1 i�� 6: �� Avs.lf � �� n A� is AnArews—5- SE 5tr. e sin.nre �If, wshAveti Ye ' ; oieeeh ee �� I wornur,C� g «euuwo l6ght as D, II L. Ab�.7 Acre Main BWd c9 m®aa ats� rM-acson,. ioaam kHix ne menti son �..'. . ( _. s3 to 9Nd The subject neighborhood is generally considered to be the North Congress Avenue Commercial Corridor western adjacent residential communities lying between Boynton Beach Boulevard and Gateway Boulevard. In this area, North Congress is a six lane, median divided major north/south arterial. The roadway runs from Mangonia Park located in northern Palm Beach County south into Broward County. Both Gateway Boulevard and Boynton Beach Boulevard afford access to I-95 to the east and Florida's Turnpike has an interchange with Boynton Beach Boulevard, approximately five miles west. Both Gateway Boulevard and Boynton Beach Boulevard are six lane, median divided, major east/west arterials connecting the eastern and western regions of Boynton Beach, Florida. The immediate market area is characterized by a diverse blend of commercial retail, office and planned unit residential developments with older single family neighborhoods on the fringes. A variety of retail centers align the corridor with some professional office uses as well. The outer fringes of the market area are comprised of older single family developments which include some houses of worship, parks and recreational facilities The following exhibit shows major developments in the subject neighborhood vicinity. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 27 Page 668 of 919 ANDESQN CAPD d c ki slIR'FL '�£-Rz'�r i° ,�` " ' 3 Congress Avenue m s It [, y i � a tt�wt 11110 ;1 } Subject fBr y';,,m milsaU .._� a�,t �' �{31dEloyntort R � a�i ¢; Boynton Beach Blvd. Bay[iton Beau"Bkvcf',; " - V�-Boynton Beaeh Bkvd � � , a� _ G4 l's13 " Development Map Key Map Type Comments No. 1 Retail Center Neighborhood retail center with Kohl's as anchor Neighborhood office/retail center with Office 2 Office/Retail condominiums on second floor and retail/restaurants on first floor—Renaissance Commons 3 Retail Center Neighborhood retail center with Marshall's as anchor 4 Residential Renaissance Residential Development 5 Retail Center Neighborhood retail center with Target and Michael's 6 Retail Mall Boynton Beach Mall and outparcels with restaurants and financial institutions 7 Residential Single family neighborhood 8 Retail Center Misc.retail includes TJ Maxx and Steinmart, 9 Retail Center Misc.retail includes Sports Authority and Barns&Noble 10 Retail Center Wal-Mart Superstore with out-parcels, 11 Residential Single family neighborhood 12 Residential Single family neighborhood 13 Industrial/Office Quantum Office and Industrial park PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 28 Page 669 of 919 ANDESQN CAPD PROPERTY DATA Taxpayer of Record City of Boynton Beach Palm Beach County Property Control Number(s) 00-43-45-19-04-006-0260; 00-43-45-19-03-006-0080; 00-43-45-19-04-008-0200 Assessed Value and Taxes for 2020 The following information was taken from the Palm Beach County Property Appraiser's and Tax Collector's web sites. D 77777, , AFFi-sr- aluc' ses`sed,andT�saUle V�4u�s � �77T es Paxc�1Tcs�at IuTaxkel Asses�d ernp�on " hxbledTon Ad h nd ( nzovern9z�ts' �cka�Tas a1 va�de ' utountvslealoxewax UaYoxem�a ; 00-43-45-19-04-008-0200 $141,890 $0 $141,890 $56,725 $0 $56,725 $0.00 $0 $0 00-43-45-19-03-006-0080 $1,192,200 $0 $1,192,200 $722,904 $0 $722,904 $0.00 $0 $0 00-43-45-19-03-006-0260 $993,720 $0 $993,720 $351,555 $0 $351,555 $0.00 $0 $0 00-43-45-19-03-006-0200 $497 $0 $497 $497 $0 $497 $0.00 $0 $0 Tka] $ ,486,41711, $1 $2, 86;{17 '$x;074,956 $fl s $x,074,956 $6:Oq $U ${} A typical informed buyer would recognize the possibility of a reassessment following a sale of the property and the possibility that taxes could change as a result,if the assessed value is substantially different than the true market value. Our value conclusion does not discount for any taxes owed on the property, current or delinquent. The value assumes the property is free and clear and not subject to any prior year's delinquencies or outstanding tax certificates. The appraisers strongly suggest any potential buyer, mortgagee, or other investor in the property fully investigate the tax status of the subject property with the County's Tax Collectors office. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 29 Page 670 of 919 ANDESQN CAPD Census Tract The subject property is located in census tract 0060.12. Census Tract Map o X h ,3A � 16 1 4`y T-1 I' � l" t fi nppL r e u�WlnU FI ID- ,nu.w a tty[',I'd J Opo p 'ilr ,r.,Bivtl ySandl„� rt'llzs SaE ll a�(3 wn; rt Ir;: noseae `:: m t 0e5921 �.:88T P: o5 d, Rd° p45913 IY ( v H 605610 r J %1 k rdC d U r R.o.-,..i l hgaa]m.1—Or E"�rk.,we "n m ,.let_,'._ : Pal nft El9z,�,`+ m Ad—Q� -1` I � a ? ,.� .I L P Ce f� k1 _ f na�• E�tr�v hl�U R.SaU ta F `- I„1Y-,0 Sue 't r n cy a Ndi N4%IIT, cc TSubject Property �� I s { - 1f Yk. Boi'ra Iol Beaoh y3 _ Uf.3'Yi � I,�`d ,�" h �� Oa.nrr 1dn11 "J Y^r ;' � Crus DenFogeagPue EaYa nlr # o tR Ralerti y` - _ u1 eI Cn= �b A. Rd Old 30,Yll R d CI irrRm Rd Old bur Ylur Rd `t User Sele,ted Tract USA 5tate-C. ly-Tiac1:43424-12-099-0060 12 d.r r:;en us Income Popufat— Ho—g Tau a -� U nd erser.ed or Q t d Tract A, 'I t` a 2019 EFI EG EsE mated IAS,..MD nam _?5.460kAl/a i�l..;c h..151 Am: N`Ij I i5h'hiQ Idedl F 1 f come z' t 2019 Esh—lted Tact[Aldan Family 5-,S 371 2015 T- tI F ily 566516 1 d n 1 Si. i r k T l IF m I Incwme p 103.94 Tract PpUM— 4344 Tract 1,1 incril% 36.44 o-Do p - or Q. Tract ll Pa Mallon4533 1 rDl :tli y Sa.,e O l7ccu ietl Ln As 5991 �.o )� 4054141 yr 1 trz4 Famil llntu1.416 - << �u1i ll G Ii rte.01 006(XW R � 906U o5 U nYlay 6� �f ai )S, Eax XId G, C- 6nw�b} '� Tr11,x ut ,ryIre 4459 52 Scu r.:n r..b�Gtr 5.ti.9 Fai GSI Cd Lal D, PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 30 Page 671 of 919 ANDESQN CAPD Flood Zone Designation The subject property is located on the National Flood Insurance Program Map on Community Panel Number 12099C0786F, effective date of October 5, 2017. The subject appears to lie in an area designated as Zone X (unshaded). Flood Zone X (unshaded)is determined to be outside the 0.2% annual chance floodplain. Flood Map National Fled Hazard Layer FIRMette �� Legend RCERCQ"{ONYT�p@�WS0MF9EfYQ+SdI^u�"S11M.11i�wmafmm�m.Mscu�a,- SKmwl PLOW "fto Subject Property t €At .0 a Fawsm 999.h mrx`e Aw OTHT k#55IA5 OF GT"ERAREAS A,",94.„U.w.14"A EWmd Nam+. GENERAL Al Am _i9f fff � 'it r vmn�u* � .s�.G'C�ENf[. LaK C„J afA _...q .....9Y..m F�M.m Ft.iw�nM.m tdMm r.9YF�e9 r �.u r a�•,r,,a i...9 � — —� ,,,ff..., .,. .. ... ® rte. . . - ( ^�-�fkf.d..fl TFxew YSfia 111p� - f OHM_ W.`NA.EkrMSM�rcm FEATURES WMr maw 04M 4—A” t �iT t s 'A A.01 _ m..ram-F". ..wn_ i ,, .rhe sar.w r c wasp mu 7 tom. —,Pn.ma FEUX.�M.p ,twm 4 imw o moo swa WM d dwww�y m. .m.nraa1F mNM 9H79E M ke'RWdMm��a9..0.B kFr14Vt4 7pi.wa.gi f €y 'rAm'F.e¢M'H4wm '!`3 u4 &9 323 fl~P,9 p p.sNM.wt m.e Ue..Mwa .wawa.�m.Mn a.M6� . M�.m IN aR-am. rramaar-..M.mat.>te..M.e �m vaM,mwa®.ar.dw 9x.—rvtw 6N�r.. •- �i �i ;, �,. � va� � t !.�kp.�ia? ar.t�xm�Posi.�..9.rw.a M'GM.rm,e-a.xM.arw as eaeM.Mx9mM7 mMesti - ,.� _, °�, ..: • .u.ra.Mnra m..�mee;r.m..�nn..M a.M. �...ammw aWM.f.. a a.a.aa.s.r, �WOw M...%, Mw mky ` m;r're?M yMA�. Aiaw wr wwrm9w.,..anNSA wrta m.m M.p w.m9 ,rav Fit r,.e*M.a0.m w.w mwva3.ewst erve65n sms.Mmt tlw, am 0 2550 5.66 9,01M I_5W ...,PdC PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 31 Page 672 of 919 ANDESQN CAPD Zoning and Future Land Use The subject property's use is dictated by the Palm Beach County Zoning Code and Comprehensive Plan. The Palm Beach County zoning and future land use maps indicate the subject property has a zoning designation of RS - Single Family Residential District with an underlying land use designation of MR-5 - Medium Residential up to 5 DU/Acre. Permitted uses by right under this zoning category generally include,but are not limited to; detached single family homes and certain group homes. Permitted uses subject to various levels of review can be expanded to include townhomes and zero lot line development, other types of group homes, and certain civic type uses such as houses of worship and daycare centers. Concurrency The strongest growth control measure ever imposed was passed by the Florida Legislature and became effective on February 1, 1990. This was mandated by Chapter 163, Florida Statutes, otherwise known as the Growth Management Law. One provision of this law is referred to as Concurrency which dramatically limits the ability to develop real property. It is basically the requirement that adequate infrastructure be available to serve new development. Eight types of infrastructure are affected including traffic, potable water, sewer, drainage, solid waste,recreation and open space, mass transit, and fire rescue. In May of 2011, House Bill 7172 amended the Growth Management act in an effort to spur economic growth through streamlining and lessening growth management controls. Transportation concurrency requirements were exempted in dense urban land areas with populations of at least 1,000 people per square mile. Also, within dense urban land areas, the DRI process has been exempted. State review of local comprehensive plans was streamlined and zoning changes are now allowed to be considered concurrently with land use plan amendments. It is the appraisers'understanding that the subject is not subject to any concurrency restrictions. Should the property be altered or redeveloped, the matter of concurrency would need to be revisited at that time. Utilities The following utilities are available to the subject property: municipal water and sewer, electricity, and telephone. Subject Property Sales History The appraisers have not been provided with a title abstract on the property appraised nor have they conducted a title search of their own. The Palm Beach County Property Appraiser's records indicate that the subject property has not sold within the past 5 years. To the appraisers' knowledge the subject property is not currently listed for sale or subject to a current purchase agreement. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 32 Page 673 of 919 ANDESQN CAPD Site Analysis The following analysis is based upon a personal inspection of the site and Palm Beach County Public Records. Location The subject property is located on the west side of Nickels Boulevard, roughly 330 feet north of Old Boynton Road within an unincorporated part of Palm Beach County that is generally considered to be Boynton Beach. Size and Shape We have relied on the site size for the property from the Palm Beach County Property Appraiser's records. The subject is an irregular shaped non-contiguous parcel of land. We note that the subject property as it sits contains a total 13.37 acres (582,397 square feet) and is bisected (east to west) on the north half by six unimproved right-of-ways. These right-of ways measure 40 feet by 300 feet each totaling 12,000 square feet per right-of-way and 72,000 square feet (1.65 acres) overall. We have been instructed by the client to assume that these right-of-ways will be abandoned and to include the additional land area as part of the subject. Therefor the total subject site area as appraised is approximately 654,397 square feet or 15.02 acres (582,397 + 72,000 = 654,397 square feet or 15.02 acres). The south end of the site is separated from the north by the Lake Worth Drainage District Lateral Canal No. 23. This portion of the site consists of two parcels; a large irregular shaped parcel adjacent south of the canal which is separated by the improved right-of-way of Quentin Street from a small rectangular parcel lying south of the right-of-way. Topography and Drainage The site is relatively level and near road grade. Large portions of the property are densely over grown with invasive vegetation including Brazilian Pepper and Melaleuca. No apparent drainage problems were noted during the inspection. However, the appraisers have not had the opportunity to visit the site during a time of heavy rainfall. It is assumed that the subject does not suffer from any detrimental drainage problems. Access Access is via Access is via Nickels Boulevard to the east PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 33 Page 674 of 919 ANDESQN CAPD Easements or Encroachments Typical utility easements are believed to exist. A survey that would delineate the boundaries of any potentially detrimental easements or encroachments was not made available to the appraisers. The appraisers did not note any such conditions during our research and property inspection, nor did the property owner disclose any. We have no reason to believe that there are any easements or encroachments on the property that would affect its use in such a way as to have a negative impact on value. Soil/Environmental Conditions We have not been provided with nor have we commissioned a soil or sub-soil condition report. The appraisers have no reason to believe that there may be hazardous materials stored and used at the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field,if desired. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 34 Page 675 of 919 ANDESQN CAPD HIGHEST AND BEST USE The Appraisal Institute defines highest and best use as follows: The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. Alternatively, the probable use of land or improved property—specific with respect to the user and timing of the use—that is adequately supported and results in the highest present value. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, 6th ed., Chicago: Appraisal Institute, 2015). The analysis of highest and best use normally applies these considerations in a three step process, involving the analysis of the highest and best use of the site as if vacant, determination of the ideal improvement, and a comparison of the existing improvement with the ideal improvement, in order to estimate the highest and best use as improved.The subject is vacant land, therefore only the first two steps apply. The subject site contains roughly 15.023 acres and could physically support a number of uses. These physically possible uses must be legal, reasonable, probable, and a logical continuation of surrounding uses within the subject property's neighborhood. The subject is currently zoned RS - Single Family Residential District for residential use. The surrounding area has been developed mainly with single family residential uses in the past, though there are some civic type uses interspersed throughout the area. In consideration of the site's location, land use classification, zoning and surrounding uses, the highest and best use for the subject, would be development with some type of residential or civic type of project or combination thereof in keeping with the zoning,land use, and neighborhood uses. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 35 Page 676 of 919 ANDESQN CAPD EXPOSURE AND MARKETING TIME Exposure time is: 1) The time a property remains on the market; 2) The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; 3) A retrospective estimate based on an analysis of past events assuming a competitive and open market. Marketing time is an opinion of the amount of time it might take to sell a real or personal property interest at the concluded market value level during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time, which is always presumed to precede the effective date of an appraisal. Advisory Opinion 7 of the Appraisal Standards Board of The Appraisal Foundation and Statement on Appraisal Standards No. 6, Reasonable Exposure Time in Real Property and Personal Property Market Value Opinions address the determination of reasonable exposure and marketing time. (Source: Appraisal Institute, The Dictionary of Real Estate Appraisal, 6th ed., Chicago: Appraisal Institute, 2015). Financing for commercial properties appears to be readily available at this time. Most properties offered for sale have been exposed on the market for six to twelve months or longer. The CoStar Group reported the historical marketing times (exposure time) for 5 residential land development properties in Palm Beach County from 10/12/2018 through 10/12/2020. The marketing time ranged from 6 to 43 months, with an average of 21.5 months. We note that the Costar data can be skewed by properties that were significantly overpriced by unmotivated sellers and/or were not properly marketed and languished on the market for several years. Also, residential properties often sell contingent on gaining development approval,which can cause escrow periods to drag out and thus the overall exposure time from listing to closing. We believe if appropriately priced and marketed, the subject would sell in the lower portion of the time frame range exhibited by the CoStar data. A properly priced property would sell more quickly. Considering the preceding, as well as sales that have taken place in the local market, and assuming a prudent pricing strategy, we estimate an exposure time of 10 to 16 months. Looking forward, we feel this would be a reasonable estimate for marketing time as well. This longer than typical marketing and exposure time is in consideration that there is currently a very recent pandemic. This has slowed down the general economic activity and the local real estate market. The first phase of a slowing real estate market is a lengthening of the marketing and exposure time. This is due to owners/seller's reluctance to lower asking prices. Sale prices do not normally decline right away and typically wait until sellers are forced to accept lower prices if the event causing the slowdown extends long enough over time. Discussions with local active brokers indicates that sellers are currently holding firm in their pricing based on the belief that the current pandemic is a short term phenomenon. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 36 Page 677 of 919 ANDESQN CAPD SALES COMPARISON APPROACH The sales comparison approach is the process of deriving a value indication for the subject property by comparing market information for similar properties with the property being appraised, identifying appropriate units of comparison, and making qualitative comparisons with or quantitative adjustments to the sale prices (or unit prices, as appropriate) of the comparable properties based on relevant, market- derived elements of comparison. (Appraisal Institute, The Dictionary of Real Estate Appraisal, 6th ed., Chicago: Appraisal Institute, 2015.) The sales comparison approach requires that the appraiser locate recent sales of similar properties and through an adjustment process arrive at an indication of what these properties would have sold for if they possessed all of the salient characteristics of the subject property. These adjusted sales prices are then correlated into an estimate of the market value of the property via the sales comparison approach to value. A search of the Palm Beach County official records, local multiple listing service records, discussions with local brokers and appraisers and a personal inspection of the subject area produced several sales of similar type properties. The sales used in the analysis were the best comparables that we were able to verify with public records and/or a party to the transaction. The following pages feature a detailed write up of each comparable used in the analysis, a location map and summary of the selected comparable sales data, which is followed by a discussion of the pertinent adjustments and conclusion of value. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 37 Page 678 of 919 ANDESQN CAPD SALE NO. 1 - 2460 Haverhill Road, West Palm Beach, FL 33417 AC File No.: N/A ID: 910181 1 ^ i �r 4k t OR Book/Page: 29920/0712 Type: Land Sale Status: Sale Sub-Type: Multi-Family(> 1 Unit) Date: June 7, 2018 Grantor: Boyd-Haverhill, LLC&Enrique and Marta Rodriguez Grantee: AHC of West Palm Beach, LLC Legal: Long Legal Folio No.: 00-42-43-24-60-000-3220, 00-42-43-24-00-000-3191, 00-42-43-24-27-002-0000, 00-42- 43-24-27-001-000, 00-42-43-24-00-000-7011, 00-42-43-24-00-000-7180, 00-42-43-24- 00-000-7181, 00-42-43-24-00-000-7182, &00-42-43-24-00-000-7382 Location: East side of North Haverhill, north of Okeechobee Boulevard and south of Community Drive,West Palm Beach. Zoning: RH - Residential High Density by Palm Beach County Land Use: Multifamily Residential Utilities: Water, electricity, cable, telephone PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 38 Page 679 of 919 ANDESQN CAPD Site Size: Square Feet: 659,934 Acres: 15.150 Shape: Irregular Street Frontage (Ft.) 430 Topography/Elevation: Level, near road grade Density: Total No. of Units: 120 (Per Zoning) Units/Acre: 7.92 Use: Use at Time of Sale: Vacant Intended Use: Multifamily Residential Highest and Best Use: Multifamily Residential Verification: Source: Charlie Sardine Jr. Relationship: Buyer Conditions of Sale: Arm's-length Verified By: Z. Rossetti Date: August 28,2018 Sales History: No transactions in the previous five years Sales Price: $4,137,500 Price/SF Land: $6.27 Price/Acre: $273,102 Price/Unit: $34,479 Financing: Cash to seller Comments: This is the sale of 9 adjacent properties. There are (2) different Sellers; Boyd-Haverhill, LLC (Parcels 1-7) and Enrique & Marta Rodriguez (Parcel 8). Parcels 1-7 are vacant sites and Parcel 8 was improved with a non-contributing duplex building containing 5,018 SF. The Buyer plans to develop rental apartments on this site. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 39 Page 680 of 919 ANDESQN CAPD SALE NO. 2 - 5340 Purdy Lane, West Palm Beach, FL 33415 AC File No.: 2190280.002, 2200538.000 ID: 910814 5. igg i f iia r, OR Book/Page: 30260/1080 Type: Land Sale Status: Sale Sub-Type: Multi-Family(> 1 Unit) Date: November 19, 2018 Grantor: TLH 38 Purdy LLC Grantee: D. R. Horton, Inc. Legal: 14-44-42, MODEL LAND CO SUB W 1/2 OF E 1/4 OF TRS 21 TO 24 INC (LESS PURDY LANE) Folio No.: 00-42-44-14-05-022-0010, 00-42-44-14-05-021-0020, 00-42-44-14-05-021-0040, 00-42- 44-14-05-021-0060, 00-42-44-14-01-021-0050 Location: Located on the south side of Purdy Lane, roughly a quarter of a mile west of Haverhill Road. Zoning: RS - Single Family Residential by Unincorporated Land Use: MR-5 Utilities: Municipal water and sewer, electricity, and telephone PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 40 Page 681 of 919 ANDESQN CAPD Site Size: Square Feet: 593,287 Acres: 13.620 Shape: Rectangular Street Frontage (Ft.) 470 Topography/Elevation: Level, near road grade Density: Total No. of Units: 51 (Approved) Units/Acre: 3.74 Use: Use at Time of Sale: Vacant Land Intended Use: Single Family Development Highest and Best Use: Residential Verification: Source: Douglas Kirlan Relationship: Broker Conditions of Sale: Arm's-length Verified By: A. Reid,B.Arnold Date: June 11, 2019 Sales History: Previously sold for $550,000 in September 2018, recorded in County OR Book 30126 Page 1733 Sales Price: $2,854,000 Price/SF Land: $4.81 Price/Acre: $209,545 Price/Unit: $55,961 Financing: Cash to seller Comments: This was a sale of four adjacent parcels of vacant land sold to a developer who intends on building single- family dwellings. The properties were adequately marketed and the sale is reported to be an arm's-length transaction. The seller had previously obtained approval in 2016 for the development of 51 zero lot line units under the name of Purdy Royale. The buyer will move forward with the approved development though they have changed the name to Jaxon Park. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 41 Page 682 of 919 ANDESQN CAPD SALE NO. 3 - 5001 Haverhill Court, Haverhill, FL 33415 AC File No.: 2190268 ID: 910813 . 4 { 9k rf x OR Book/Page: 30485/0603 Type: Land Sale Status: Sale Sub-Type: Multi-Family(> 1 Unit) Date: March 15, 2019 Grantor: FCB REO Florida Holdings, LLC Grantee: MF Associates Haverhill Point, LLC Legal: Long Legal Folio No.: 22-42-43-35-01-008-0011; 0012 Location: West side of North Haverhill Road, north of Southern Boulevard and south of Belvedere Road, Haverhill. Zoning: R3 - Medium Density Residential by Haverhill Land Use: HDR- High Density Residential not to exceed 8 du per acre Utilities: Municipal water and sewer, electricity, and telephone PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 42 Page 683 of 919 ANDESQN CAPD Site Size: Square Feet: 141,509 Acres: 3.248 Shape: Rectangular Street Frontage (Ft.) 225 Topography/Elevation: Level, near road grade Density: Total No. of Units: 25 (Per Zoning) Units/Acre: 7.70 Use: Use at Time of Sale: Vacant Residential Intended Use: Vacant Residential Highest and Best Use: Multifamily Residential Verification: Source: Kirk Nelson, CBRE Relationship: Listing Broker Conditions of Sale: REO Verified By: Z. Rossetti Date: June 12, 2019 Sales History: Previously foreclosed upon and a certificate of title in the amount of $0 was issued in January 2015 Sales Price: $775,000 Price/SF Land: $5.48 Price/Acre: $238,608 Price/Unit: $31,000 Financing: Cash to seller Comments: This is the sale of (2) adjacent vacant sites. The site was previously a mobile home community with all utilities to the site. On the same day, the buyer also purchased a 1.80 acre portion of land from the church situated directly north of the sale site in a separate transaction (recorded in OR Book 30482 Page 321). The buyer obtained approvals to develop 40 townhomes on the assembled sites during their due diligence period. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 43 Page 684 of 919 ANDESQN CAPD SALE NO. 4 - 6250 South Military Trail, Lake Worth, FL 33463 AC File No.: 2190421.008 ID: 911070 Lantana 3 _ 3 �a- I s gym. i i a � n I . OR Book/Page: 30504/1316 Type: Land Sale Status: Sale Sub-Type: Multi-Family(> 1 Unit) Date: March 25, 2019 Grantor: Karen Ming Chao Lee a/k/a Karen Lee Grantee: MF Associates Haverhill Point, LLC Legal: The North 132 feet of the Southwest 1/4 of the Northeast 1/4 of Section 1, Township 45 South, Range 42 East, Palm Beach County, Florida. Less the right-of-way for Military Trail, as conveyed in Deed Book 896, Page 597, and in Official Records Book 5906, Page 1619,Public Records of Palm Beach County, Florida. Folio No.: 00-42-45-01-00-000-1070 Location: East side of South Military Trail, south of Lantana Road, and north of Pinestead Drive in Lake Worth. Zoning: RM -Multi-Family Residential- Medium Density by Palm Beach County Land Use: HR-8, High Density Residential District 8 du/acre Utilities: Municipal water and sewer, electricity, and telephone PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 44 Page 685 of 919 ANDESQN CAPD Site Size: Square Feet: 168,142 Acres: 3.860 Shape: Rectangular Street Frontage (Ft.) 134 Topography/Elevation: Irregular, near road grade Density: Total No. of Units: 39 (Approved) Units/Acre: 10.10 Use: Use at Time of Sale: Vacant Multi-Family Land Intended Use: Residential Townhomes Highest and Best Use: Residential Verification: Source: Kirk Nelson and the Palm Beach County Zoning Department Relationship: Broker Conditions of Sale: Arm's-length Verified By: M. Mickle Date: October 25, 2019 Sales History: No transactions in the previous five years Sales Price: $900,000 Price/SF Land: $5.35 Price/Acre: $233,161 Price/Unit: $23,077 Financing: Cash to seller Comments: This parcel was purchased for residential development. It was zoned AR, Agriculture Residential at the time of purchase. The buyer has received approval for a change in the zoning from AR to RM; and also approval for development with 39 residential townhomes. The project will be known as "Trails Landing". The sale prices will start in the $300,000 range. Units will be three bedrooms with two bathrooms and the corner units will have four bedrooms and two bathrooms. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 45 Page 686 of 919 ANDESQN CAPD SALE NO. 5 - 4734 Fountains Drive South, Lantana, FL 33467 AC File No.: 2190560.002 ID: 909176 pyb ycernLaRes Blvtl - '��' s o m i tii. H p m 4 '--Mgiauq;Ln � c f i m m w u s fl � Lucernz_Lgkes"SEvd'" .. .: , t p �li i FoUnfdLas.pr FB4nrags „.� �� -- 0 OR Book/Page: 30502/1279 Type: Land Sale Status: Sale Sub-Type: Multi-Family(> 1 Unit) Date: March 27, 2019 Grantor: Concert Fountains Properties, LLC Grantee: FCC Associates II, LLLP Legal: PALM BEACH GOLF CLUB ESTS PL 3 GOLF COURSE TRS (LESS N 850 FT OF E 522.72 FT LYG W OF & ADJ TO JOG RD R/W K/A NURSERY PA (portion) Folio No.: 00-42-44-27-36-001-000 Location: South of Lake Worth Road and west of Jog Road Zoning: RH -Multiple Family Residential (High Density)by Palm Beach County Land Use: MR-5/Medium Density residential 5 units per acre Utilities: Water, electricity, municipal sewer PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 46 Page 687 of 919 ANDESQN CAPD Site Size: Square Feet: 2,051,415 Acres: 47.094 Shape: Irregular Street Frontage (Ft.) 400 Topography/Elevation: Irregular, near road grade Density: Total No. of Units: 195 (Planned) Units/Acre: 4.14 Use: Use at Time of Sale: Golf Course Intended Use: Residential Highest and Best Use: Residential Verification: Source: Confidential and Palm Beach Post Relationship: Newspaper Conditions of Sale: Arm's-length Verified By: Z. Rossetti Date: December 10, 2019 Sales History: No transactions in the previous five years Sales Price: $12,000,000 Price/SF Land: $5.85 Price/Acre: $254,810 Price/Unit: $61,538 Financing: Cash to seller Comments: This is a sale of a portion of the north course of the Fountains Country Club golf course. The buyer is an affiliate of GL Homes they originally planned to build 195 zero lot line homes on the site. A recent article in South Florida Biz Journal reports that Larry Portnoy, VP of GL Homes, said they have not yet to begin the approvals process to build homes at the Fountains Country Club. The closing was drawn out due to extenuating circumstances arising from zoning difficulties. The club plans to take the proceeds from the sale and improve their pool and sports complex. The overall Fountains Country Club complex has been in litigation regarding mandatory membership in the country club. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 47 Page 688 of 919 ANDESQN CAPD SALE NO. 6 - 6288 Belvedere Road, West Palm Beach, FL 33413 AC File No.: 2200538.000 ID: 911704 r 4 i Ffi — I m i Y t _ a a 3 tai ti OR Book/Page: 31079/1168 Type: Land Sale Status: sale Sub-Type: Multi-Family(> 1 Unit) Date: December 5, 2019 Grantor: Fraternal Order of Police Jim Fogleman Lodge#50 Grantee: Meritage Homes Legal: Long legal description containing portions of Tract 3, Block 5, Palm Beach Farms Company Plat No. 3, Plat Book 2, Page 45, Palm Beach County, Florida (see deed for complete legal) Folio No.: 00-42-43-27-05-005-0032, 00-42-43-27-05-005-0033,00-42-43-27-05-005-0036 Location: South side of Belvedere Road,roughly 0.2 miles east of Jog Road, West Palm Beach Zoning: RS - Single Family Residential by Palm Beach County Land Use: MR-5 -Medium Residential up to 5 DU per acre Utilities: Municipal water and sewer, electricity, and telephone PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 48 Page 689 of 919 ANDESQN CAPD Site Size: Square Feet: 286,020 Acres: 6.566 Shape: Rectangular Street Frontage (Ft.) 370 Topography/Elevation: Level, near road grade Density: Total No. of Units: 68 (Approved) Units/Acre: 10.36 Use: Use at Time of Sale: Fraternal club Intended Use: Townhomes Highest and Best Use: Residential Verification: Source: Costar,listing flyer,public records Relationship: Costar Conditions of Sale: Arm's-length Verified By: B.Arnold Date: October 9, 2020 Sales History: No transactions in the previous five years Sales Price: $1,900,000 Price/SF Land: $6.64 Price/Acre: $289,369 Price/Unit: $27,941 Financing: None recorded Comments: Property was under contract for almost a year and a half while the buyer pursued approvals for 68 unit town home development (Catalina Townhomes), which included the purchase of 11 TDRs from Palm Beach County as well as use of the County's workforce housing density bonus program. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 49 Page 690 of 919 ANDESQN CAPD Comparable Sales Location Maps Ivatufal Grassy Maters North Palm Preserve ro Beach Temporarily closed Lake Parr Loxahatchee Riviera Beach &fl�J 0 7 Cypre a ; Ike ' fest Pard Royal Palin QBBh eaC Beach Golden Lags qWestgate Wellington E83 CD �,� E e { sflr Feenacres s Lake Worth @z antis Lantana p ads Manalapan Aberdeen' t;? B ynten sfl 804 Beach Golf A aaDelray Beach gle Kings Point Map data(02020 Google PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 50 Page 691 of 919 Lake Worth Lak, Corridor 2 John CL Nautica Isles West Hoa Prince Park Lost City Golf Club 9 Palm Beach 2 Atlantis Lantana LD Airport Winston Trails Golf Club9 411, V The Falls Club of the Palm Beac Hypolu..Rd Hypolixo Rd ores use 90 Aberdeen Ponle Vecchio West Clubhouse WN 22nd Avc E O-W-34 Old Boynwn koad Boynton Beach Sun Valley 9 Map data C2020 P(}#21O266/Nickels Boulevard 15D2Acres Vacant Land /\&CJob No.: 2200538DOO 51 ANDESQN CAPD Apoxee Trait Cypress Lakes„ 8Q9 r Emerald Clunes Club II Circle w ja PALM BEACH LAKE baa P70 7CJ4 Near } Golden Lakes Stacey Street Westgate 19Palm Beach International ss�N4gs�re�z� LaI;e, Htl[I airport Belvedere Estates r nJ Royal Palm �s Estates Gun ClubR,d Palm Be Conservatio Trump International Coll Club West Palm Reaoh -n SufSt777u Bw `:ufirtirSiC Gtl,rti Q Okeef eeCee Park;' sos West Palm 9f32 Forest Hill Blvd 882 Golf eD a E Lake �'trrdy i.n Purdy'!ls -- JSI.`}.o. L � Lre41a,rets Mvc3 ,ark Ln Palm Springs -oa Go Oe Map data c 2020 PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 52 Page 693 of 919 ANDESQN CAPD � � Land Area �T3erisi � � S 1uo,' ` �R I3k Sale11C / 1 teres,, IUxutsJA�r� 1 29920 2460 Haverhill Road 659,934 120 $4,137,500 $273,102 Jun-18 0712 West Palm Beach 15.15 8 2 30260 5340 Purdy Lane 593,287 51 $2,854,000 $209,545 Nov-18 1080 West Palm Beach 13.62 4 3 30485 5001 Haverhill Court 141,509 25 $775,000 $238,564 Mar-19 0603 Haverhill 3.25 8 4 30504 6250 South Military Trail 168,142 39 $900,000 $233,160 Mar-19 1316 Lake Worth 3.86 10 5 30502 4734 Fountains Drive South 2,051,415 195 $12,000,000 $254,809 Mar-19 1279 Lantana 47.09 4 6 31079 6288 Belvedere Road 286,020 68 $1,900,000 $289,364 Dec-19 1168 West Palm Beach 6.57 10 S�al . T?ekels BRr11� d" 6'4,397. N/A N%1 (?c1:724; Dyr#411 Baha' 15,0 ; Sales Summary and Discussion In this analysis, we considered differences between the sales and the subject in terms of property rights sold, conditions of sale, financing, market conditions (trend or time adjustment), location, land size, and quality and condition of any existing improvements. The appraisers based the comparisons on a standardized unit of measure, the sale price per acre of land. The sale price per acre of land correlates well among the comparable sales and is commonly used by buyers in this type of analysis. Property Rights The property rights transferred were believed to be those of the fee simple estate. No differences between the sales and the subject are reflected. Conditions of Sale All sales were reportedly market oriented. No adjustment consideration for conditions of sale was necessary. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 53 Page 694 of 919 ANDESQN CAPD Financing We considered any indication of favorable financing. All sales were either on a cash basis or had market oriented financing, therefore, no differences were noted nor were adjustments made. Market Conditions The sales occurred over the period from June 7, 2018 to December 5, 2019. The date of value is October 12, 2020. The market has shown improving market conditions over portions of this time period. We have applied an upward adjustment of 0.5% per month (rounded down to the nearest full month) to account for rising prices through the end of 2019. Due to the uncertainty of the current pandemic,we have not adjusted the sales in 2020. Any gains during the first part of the year have likely been offset by the current market slowdown. There is not yet any hard market evidence of a change in values,however, the market has slowed and could possibly see a decline in values if there is not a quick resolution of the pandemic. Location The subject property is located at Nickels Boulevard in Boynton Beach. It benefits from a location very near North Congress Avenue which is home to a dense area of shopping, dining and service establishments, including many national restaurant franchises and retail brands between Boynton Beach Boulevard and Gateway Boulevard. This is superior to some degree to each of the comparables for convenience, warranting some upward adjustment to the comparables. Size Generally,larger properties will sell for a somewhat lower price per acre of land than smaller ones, and vice versa, when all else is equal. The sales in this data set do not appear to follow this pattern and no adjustment is warranted. Site Conditions Properties of all different shapes can typically be developed. Some properties, however, allow for a more efficient development of the site providing for the maximum development intensity. Neither the subject nor the comparables 1, 2, 3, 5 and 6 appear be impacted by their shape in such a manner as to limit their development. Comparable 4 is a very long and narrow site that presents more development difficulties than a wider site. Some upward adjustment is warranted to this comparable. Another factor considered here is the existence of any physically detrimental site conditions such as contamination or muck. Neither the subject nor any of the comparables were known to suffer from any detrimental site conditions. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 54 Page 695 of 919 ANDESQN CAPD Zoning/Land Use The subject property has a zoning designation of RS - Single Family Residential District by Palm Beach County with an underlying future land use of MR-5 - Medium Residential up to 5 DU/Acre by Palm Beach County. Though they may vary by municipality, all of the comparables have similar residentially oriented designations that allow for similar uses as the subject. No adjustment is warranted for this factor. However, comparables 1, 3, 4 and 6 are developable to a higher density than the subject and the other comparables. This factor warrants some downward adjustment to these comparable sales. We also consider the impact of any pre-existing entitlements at the time of sale. The subject has no existing entitlements. Comparables 1, 4 and 5 sold without entitlements in place. No adjustment is warranted. Comparable 2 had approvals for 51 residential units that were previously obtained by the seller. Some downward adjustment is warranted. Comparables 3 and 6 sold with development approvals in place. However, they were obtained by the buyers at their expense during the due diligence period. We would expect the subject to be sold in a similar fashion. Therefore, no adjustment is warranted. PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 55 Page 696 of 919 00 0 m00 � ti ti o ti O N O Z � CY) 15, a 10 10 00 10 10 m 10 N � N � N O N 10 10 c� v 10 o a ct o o v o v o o o M ft o o 0 0 � M o o o � >„ CC CC ' O M O O 00 ' O N ON N N N N CCS o ry 00 4 ? W a I z o N o o o 0 0 ' 00 ` o o o It n N o , W ANDESQN CAPD Conclusion Considering all of these differences, we developed the preceding quantitative comparison chart listing the sales as they compare to the subject property, based on a price per acre of land. Not all categories considered are depicted. Those omitted reflect no differences between the sales and the subject property. The unadjusted range of value indicated by the sales is roughly $209,544 to $289,369 per acre of land. The preceding quantitative comparison chart shows the value range for the subject property after adjustment based on a price per acre of land to be from $212,207 to $282,797 with a mean of$256,612. Considering all of the salient factors discussed previously and prevailing market conditions, the appraisers feel a conclusion in the middle portion of the indicated range is most appropriate. Given the preceding data and discussions, it is concluded that the market reflects a value per acre of land for the subject property of $255,000 as of October 12, 2020.Total value is calculated as follows: 15.02 Acres @ $255,000 per Acre = $3,830,100 Rounded To: MARKET VALUE VIA SALES COMPARISON APPROACH: $3,800,000 A' 11L- PO#210266/Nickels Boulevard- 15.02 Acres Vacant Land A&C Job No.: 2200538.000 57 Page 698 of 919 QUALIFICATIONS OF APPRAISER ROBERT B.BANTING,MAI, SRA PROFESSIONAL DESIGNATIONS-YEAR RECEIVED MAI- Member Appraisal Institute-1984 SRA- Senior Residential Appraiser,Appraisal Institute-1977 SRPA-Senior Real Property Appraiser,Appraisal Institute-1980 State-Certified General Real Estate Appraiser,State of Florida,License No.RZ4-1991 EDUCATION AND SPECIAL TRAINING Licensed Real Estate Broker-#3748-State of Florida Graduate,University of Florida,College of Business Administration,BSBA(Major-Real Estate&Urban Land Studies)1973 Successfully completed and passed the following Society of Real Estate Appraisers(SREA)and American Institute of Real Estate Appraisers(AIREA)courses and/or exams:Note:the SREA&AIREA merged in 1991 to form the Appraisal Institute. SREA R2: Case Study of Single Family Residence SREA 201: Principles of Income Property Appraising SREA: Single Family Residence Demonstration Report SREA: Income Property Demonstration Report AIREA 1B: Capitalization Theory and Techniques SREA 101: Introduction to Appraising Real Property AIREA: Case Studies in Real Estate Valuation AIREA: Standards of Professional Practice AIREA: Introduction to Real Estate Investment Analysis AIREA 2-2: Valuation Analysis and Report Writing AIREA: Comprehensive Examination AIREA: Litigation Valuation AIREA: Standards of Professional Practice Part C ATTENDED VARIOUS APPRAISAL SEMINARS AND COURSES,INCLUDING: The Internet and Appraising Golf Course Valuation Discounting Condominiums&Subdivisions Narrative Report Writing Appraising for Condemnation Condemnation:Legal Rules&Appraisal Practices Condominium Appraisal Reviewing Appraisals Analyzing Commercial Lease Clauses Eminent Domain Trials Tax Considerations in Real Estate Testing Reasonableness/Discounted Cash Flow Mortgage Equity Analysis Partnerships&Syndications Hotel and Motel Valuation Advanced Appraisal Techniques Federal Appraisal Requirements Analytic Uses of Computer in the Appraisal Shop Valuation of Leases and Leaseholds Valuation Litigation Mock Trial Residential Construction From The Inside Out Rates,Ratios,and Reasonableness Analyzing Income Producing Properties Development of Major/Large Residential Projects Standards of Professional Practice Regression Analysis In Appraisal Practice Federal Appraisal Requirements Engaged in appraising and consulting assignments including market research,rental studies,feasibility analysis,expert witness testimony,cash flow analysis,settlement conferences,and brokerage covering all types of real estate since 1972. President of Anderson&Carr,Inc.,Realtors and Appraisers,established 1947 Past President Palm Beach County Chapter,Society of Real Estate Appraisers(SREA) Realtor Member of Central Palm Beach County Association of Realtors Special Master for Palm Beach County Property Appraisal Adjustment Board Qualified as an Expert Witness providing testimony in matters of condemnation,property disputes,bankruptcy court, foreclosures,and other issues of real property valuation. Member of Admissions Committee,Appraisal Institute-South Florida Chapter Member of Review and Counseling Committee,Appraisal Institute -South Florida Chapter Approved appraiser for State of Florida,Department of Transportation and Department Natural Resources. Instructor of seminars,sponsored by the West Palm Beach Board of Realtors. Authored articles for The Palm Beach Post and Realtor newsletter. Real Estate Advisory Board Member,University of Florida. TYPES OF PROPERTY APPRAISED-PARTIAL LISTING Air Rights Medical Buildings Apartment Buildings Churches Amusement Parks Department Stores Hotels-Motels Marinas Condominiums Industrial Buildings Office Buildings Residences-All Types Mobile Home Parks Service Stations Special Purpose Buildings Restaurants Auto Dealerships Vacant Lots-Acreage Residential Projects Golf Courses Shopping Centers Leasehold Interests Financial Institutions Easements "I am currently certified under the continuing education program of the Appraisal Institute." Page 699 of 919 QUALIFICATIONS OF APPRAISER BEAU M.ARNOLD GENERAL INFORMATION State-Certified General Real Estate Appraiser RZ2937 State Licensed Real Estate Sales Associate SL3076071 EDUCATION AND SPECIAL TRAINING Graduate, University of Florida, College of Business Administration, BSBA(Majors - Real Estate and Management) 1997 Successfully completed and passed the following courses: UF: Real Estate Analysis UF: Real Estate Valuation Al 20OR: Residential Market Analysis and Highest and Best Use Al 300GR: Real Estate Finance, Statistics, and Valuation Modeling Al I310 Basic Income Capitalization Al I410N: National Uniform Standards of Professional Appraisal Practice Al 520: Highest&Best Use and Market Analysis Engaged in appraising and researching real estate with Anderson and Carr, Inc. since May of 1997. TYPES OF PROPERTY APPRAISED Single Family Homes Condominiums Commercial Land Multi-Family Land Residential Land Industrial Land Agricultural Land Subdivision Land Conservation/Environmentally Sensitive Land Public Land Apartment Buildings Retail Buildings Warehouse Buildings Office Buildings Proposed Construction Gas Stations Net leased Properties Special Purpose Properties Restaurants Shopping Centers Houses of Worship Schools Civic Facilities Mobile Home Parks Marinas Golf Courses Rights-of-Way Easements Leasehold Interests Page 700 of 919 Appraiser Licenses RICK SCOTT,GOVERNOR JONATHAN ZACHEM,SECRETARY JFlori d-a 10 bP1 STATE OF FLORIDA DEPARTMENT OF BUSINESS REGULATION VV- Al "I FLORIDAI,5AL BD THE CERTIFIED IFIED%�J:i UNDER THE TES R� PROVISfo' 'P'11 74"�!' AI X 116 tj %,0;1, ti -A ��11 NO,!i T� 61- 31 Y)k' ................. BE EiPIRAT-10VID' M6 R 30,2020 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. ■ This is your license. It is unlawful for anyone other than the licensee to use this document. L Page 701 of 919 RICK SCOTT,GOVERNOR JONATHAN ZACHEM,SECRETARY F� HCl p1 : STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PRtJFESSIONAL REGULATION �t,> FLORIDAA EAL. ;ATE A 1AL BC} ltt # ➢w � ��155 aro THE CERTIFIED NAA' 1A'R tC� F E[ UNDER THE r ��s 0�r PROVWN—e( F s —I F 5,E`4 R k TUTfS r j tS� IS t��11 S)y 1t t + } �ioIL� R �r yj XO f e 'n"�� +w Ell N" EXPiru�Tiorlfa�,T � R 30,2020 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Page 702 of 919 ADDENDUM Page 703 of 919 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. # : 210266 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/07/20 VENDOR 184 SHIP TO: TO: ANDERSON & CARR INC., City of Boynton Beach 521 S . OLIVE AVENUE CI'T'Y HALL WEST PALM BEACH, FL 33401 100 EAST OCEAN AVE BOYNTON BEACH, FL 33435 REQUISITION NO. 77196 ORDERING DEPARTMENT: MARA FREDERIKSEN DATE NEEDED: CONTRACT NO, COMMISSION APPROVED: ........... EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1 . 00 EA APPRAISAL FOR NICKELS PROPERTY 2300 . 0000 2300. 00 REMARKS : APPRAISAL- NICKELS PROPERTY PROPOSAL 42200538 _ - PROCUREMENT SERVICES: P.O. TOTAL, 2300 00 ks FLORIDA STATE SALES TAX ;EXEMPTION IMPORTANT INSTRUCTIONS 1RENDER SEPARATE INVOICE FOR THIS CERTIFICATE NO. 85-8012621544C-0 OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL ORDER OR FOR EACH SHIPMENT THEREON PACKAGES, TICKETS, INVOICES, STATEMENTS, AND IMMEDIATELY FOLLOWING SHIPMENT. THE CITY OF BOYNTON BEACH IS EXEMPT FROM CORRESPONDENCE. _'__"2PREPAID FREIGHT CHARGEABLE TO THE FEDERAL EXCISE TAXES: WHERE TAX APPLIES MAIL INVOICES T0: " CITY OF BOYNTON BEACH MUST BE INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE FINANCIAL SERVICES DEPARTMENT SUPPORTED BY CARRIER'S RECEIPT. TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL BE FURNISHED UPON REQUEST. P.O. BOX 310 3JNVOICES AND STATEMENTS SUBJECT BOYNTON BEACH, FL 33425-0310 TO CASH DISCOUNT SPECIFIED HEREON® ORIGINAL Page 704 of 919 CITY OF BOYNTON BEACH GENERAL TERMS AND CONDITIONS Tax Exemption: The City is tax exempt, ID#85-8012621544C-0 Public Records (cont.) Acceptance of Contract: C. Ensure that public records that are exempt or that are confidential and This order is the City's offer to purchase the goods andlor services exempt from public record disciosure requirements are not disclosed described on the reverse side from the Vendor.The City's placement of this except as authorized by law for the duration of the contract term and, order is expressly conditioned upon the Vendor's acceptance of all the following completion of the contract,Vendor shail destroy ail copies of such terms and conditions of purchase contained on or attached to this confidential and exempt records remaining in its possession once the Purchase Order. Vendor transfers the records in its possession to the CITY;and D. Upon completion of the contract, Vendor shall transfer to the CITY, at Amendments: no cost to the CITY, all public records in Vendor's possession All records No agreement or understanding to modify this contract shall be binding stored electronically by Vendor must be provided to the CITY, upon request upon the City unless In writing and signed by the City's authorized agent. from the CITY's custodian of public records, in a format that is compatible All specifications, drawings, and data submitted to the Vendor with this with the information technology systems of the CITY. order are hereby incorporated and made a part hereof. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE VENDOR'S DUTY TO Compliance with Laws: PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, The Vendor certifies that in performing this contract,they will comply with all CONTACT THE CUSTODIAN OF PUBLIC RECORDS: applicable provisions of the federal, state and local laws, regulations, rules and orders. CRYSTAL GIBSON,CITY CLERK 3301 QUANTUM BLVD.,SUITE 101 Delivery: BOYNTON BEACH, FLORIDA,33426 All prices must be F.O.B. destination. Time is of the essence on this 561-742-6061 contract. If completed deliveries are not made at the time agreed, the City GIBSONC@BBFL.US reserves the right to cancel or purchase elsewhere and to hold Vendor accountable. If delivery dates cannot be met, Vendor agrees to advise the Risk of Loss: City, in writing of the earliest possible shipping date for acceptance by the Vendor agrees to bear all risk of loss, injury, or destruction of goods and City. materials ordered herein which may for any reason occur prior to acceptance by the City. No such loss, injury or destruction shall release Inspection: Vendor from any obligations hereunder. Goods and Material must be properly packaged. Damaged goods and materials will not be accepted, or if the damage is not readily apparent at Scrutinized Companies-287.135 and 215.473: the time of the delivery, the goods shall be returned at no cost to the City. Vendor certifies that Vendor is not participating in a boycott of Israel. The City reserves the right to inspect the goods at a reasonable time Vendor further certifies that Vendor is not on the Scrutinized Companies subsequent to delivery where circumstances or conditions prevent effective that Boycott Israel list, not on the Scrutinized Companies with Activities in inspection of the goods at the time of delivery. Sudan List,and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business Laws Governing: operations in Syria. Subject to limited exceptions provided in state law, the This contract shall be governed by and construed according to the laws of City will not contract for the provision of goods or services with any the State of Florida.Venue for any action related to this Agreement shall be scrutinized company referred to above. Submitting a false certification shall in the Circuit Court for the 18th Judicial Circuit, Palm Beach County, be deemed a material breach of contract. The City shall provide notice, in Florida. writing, to Vendor of the City's determination concerning the false certification.Vendor shall have five(5)days from receipt of notice to refute Material Safety Data Sheets: the false certification allegation. If such false certification is discovered Proper Material Safety Data Sheets, in compliance with OSHA's Hazard during the active contract term, Vendor shall have ninety (90) days Communications Standard, must be provided by the Vendor to the City at following receipt of the notice to respond in writing and demonstrate that the time of purchase or delivery. the determination of false certification was made in error. If Vendor does not demonstrate that the City's determination of false certification was Patents and Copyrights: made in error then the City shall have the right to terminate the contract If an article sold and delivered to the City hereunder shall be protected by and seek civil remedies pursuant to Section 287.135, Florida Statutes, as any applicable patent or copyright, the Vendor agrees to indemnify and amended from time to time. save harmless the City from and against any and all suits, claims, judgments, and costs instituted or recovered against it by any person Uniform Commercial Code: whomsoever on account of the use or sale of such articles by the City in All applicable portions of the Florida Uniform Commercial Code shall violation or right under such patent or copyright. govern this contract with the City Payment: Warranty: All invoices shall be addressed to the ordering department.City of Boynton The Vendor warrants to the City that all goods and services furnished Beach, P.O. Box 310, Boynton Beach, FL 33425-0310 as indicated on the hereunder will conform in all respects to the terms of this order, including front of this Purchase Order and must include Vendor's name and phone any drawings, specifications or standards incorporated herein, and/or number,and clearly list quantities,item descriptions and units of measure. defects in materials,workmanship,and free from such defects in design. In addition, Vendor warrants that the goads and services are suitable for and Public Records: will perform in accordance with the purposes for which they were intended. The City of Boynton Beach is public agency subject to Chapter 119,Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Termination: Specifically,the Vendor shall: Upon thirty (30) calendar days' written notice to Contractor, City may, without cause and without prejudice to any other right or remedy,terminate A. Keep and maintain public records required by the CITY to perform the this Agreement for City's convenience.Where the Agreement is terminated service; for the convenience of City, the notice of termination to Contractor must B. Upon request from the CITY's custodian of public records,provide the state that the Agreement is being terminated for the convenience of the CITY with a copy of the requested records or allow the records to be City under this termination clause,the effective date of the termination,and inspected or copied within a reasonable time at a cost that does not the extent of termination.Contractor shall be paid for the services up to and exceed the cost provided in chapter 119, Fla. Stat. or as otherwise including the effective date of the termination.This shall mean payment for provided by law; all completed tasks and payment for uncompleted tasks based upon a percentage of completion of such uncompleted tasks. Contractor shall not be paid on account of loss of anticipated profits or out of or resulting from such termination. Page 705 of 919 12.D. LEGAL 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Proposed Ordinance No. 20-042 - First Reading -Approve the Boynton Beach Administrative Code Amendments to the 7th Edition (2020) of the Florida Building Code. Explanation of Request: Based on Florida Statute 553.73 4(a), the state legislature has enabled the ability of local jurisdiction, subject to certain limitations, to adopt amendments to the administrative provisions of the Florida Building Code (Chapter 1). Such "local" amendments may be more stringent than the minimum standards described by Florida Statutes, and are to be transmitted to the State within thirty (30) days after being enacted. The local amendments typically address local issues and conditions that are unique and distinctive to each jurisdiction or within the corresponding County when coordinating efforts facilitate county-wide coordination and adoption of universal standards or processes. Accordingly, the City of Boynton Beach Building Division proposes to modify our local administrative chapter (Chapter 1) of the Florida Building Code. These proposed amendments are in conjunction with the county- wide efforts under the County's Building Code Advisory Board (BCAB), which primarily acts to maintain a universal permitting system with respect to process and interpretation of building codes throughout the county. Most of the proposed amendments as indicated in the attachments are current amendments being processed by the State, along with a few amendments representing products of the County's coordinated efforts. The purpose of a few selected amendments are as follows: * To allow the Building Official to close an expired permit after six years if there are no life safety hazards (Subsection 105.5.1). * To protect a new owner of a home that is the subject of an open permit or permit violations involving a prior owner, by maintaining all rights and remedies against the property owner or contractor listed on the permit (Subsection 105.6.1). * To clarify the methodology for calculating permit valuations to include "replacement" values, and reference the acceptable sources for costs estimates as published by the International Code Council (ICC)(Subsection 109.3). * To allow the Building Official the ability to administratively reduce penalty fees from four- to two-times the penalty fee with justifiable cause (Subsection 109.4). * To clarify that the threshold inspection rules apply to both new construction as well as applicable restoration or repair projects (Subsection 110.8). * To omit the requirements of surety from the temporary certificate of occupancy (TCO) process (Subsection 111.3). How will this affect city programs or services? No affect Fiscal Impact: Non-budgeted Page 706 of 919 N/A Alternatives: Apply the Florida Building Code without the Administrative Amendments tailored to the specific requirements of the City of Boynton Beach and Palm Beach County. Strategic Plan: Strategic Plan Application: N/A CLIMATE ACTION APPLICATION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description Ordinance adopting Boynton each D Ordinance Administrative Amendments to the Florida Building Code Boynton each Administrative Amendments to D Addendum the 7th Edition (2020) of the Florida Building Code® Draft Clean Versio Boynton each Administrative Amendments to D Addendum the 7th Edition (2020) of the Florida Building Code® strike Draft (AutoRecovered) Page 707 of 919 I ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA; PROVIDING FOR THE ADOPTION OF THE 5 BOYNTON BEACH ADMINISTRATIVE AMENDMENTS 6 TO THE FLORIDA BUILDING CODE 7th EDITION 7 (2020); PROVIDING FOR CONFLICTS, SEVERABILITY, 8 CODIFICATION AND AN EFFECTIVE DATE. 9 10 WHEREAS, pursuant to Chapter 553.734(a), Florida Statutes, the City Commission I may adopt amendments to the administrative provisions of the Florida Building Code to deal 12 with local issues and conditions that are unique and distinctive to each jurisdiction, subject to 13 the limitations in said statute; and 14 WHEREAS,the City of Boynton Beach has adopted the Boynton Beach Amendments 15 to the 2010 Florida Building Code on March 6, 2012, June 4, 2013 and October 15, 2013; and 16 the Florida Building Code 6th Edition (2017) on December 19, 2017; and 17 WHEREAS, the City Commission hereby adopts the Boynton Beach Administrative 18 Amendments to the Florida Building Code 7th Edition (2020); and 19 WHEREAS, as required by law, such amendments will be transmitted to the State 20 within 30 days after this enactment of the amendments. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing whereas clauses are true and correct and are now ratified 24 and confirmed by the City Commission. 25 Section 2. That the Boynton Beach Administrative Amendments to the Florida 26 Building Code 7th Edition (2020), are hereby amended by adopting those provisions contained 27 in Exhibit"A" which is attached hereto and incorporated herein by reference. 28 Section 3. As required by law, these amendments will be transmitted to the State 29 within 30 days after this enactment of the amendments. S:ACA\Ordinances\BB Admin Admendments to FLA Bldg Code 7th Ed(2020)-Ordinance.docx Page 708 of 919 30 Section 4. That ordinances or parts of ordinances in conflict herewith be and the 31 same are hereby repealed, provided that in the event of a conflict with respect to the 32 administration of the building codes, existing administrative laws or rules of the City shall 33 control. 34 Section 5. Should any section or provision of this Ordinance or any portion thereof 35 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 36 remainder of this Ordinance. 37 Section 6. Authority is hereby given to codify this Ordinance. 38 Section 7. This Ordinance shall become effective immediately. 39 FIRST READING this 4th day of November, 2020. 40 SECOND, FINAL READING AND PASSAGE this day of , 2020. 41 42 YES NO 43 44 Mayor— Steven B. Grant 45 46 Vice-Mayor—Ty Penserga 47 48 Commissioner—Justin Katz 49 50 Commissioner—Woodrow L. Hay 51 52 Commissioner— Christina L. Romelus 53 54 VOTE 55 ATTEST: 56 57 58 59 Crystal Gibson, MMC 60 City Clerk 61 62 63 (Corporate Seal) 64 S:ACA\Ordinances\BB Admin Admendments to FLA Bldg Code 7th Ed(2020)-Ordinance.docx Page 709 of 919 Exhibit"A" TE BOYNTON BEACH ADMINISTRATIVE AMENDMENTS to the FLORIDA BUILDING CODE i i n �� ORDINANCE NO. EFFECTIVE Deee r3-!,2417December 31, 2020 BEGINNING WITH PERMIT NO. nn0l-0001 City of Boynton Beach Department of Development Building Division 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 (561)742-6350 Office (561)742-6357 Fax This document can be downloaded online—at no charge—fay visiting the'Farms&Applifotrans"sectron of the Burfdng Dimon page on the City of Boynton Beach we s4e at wa wwu,faoynton-faeaeh.ore� 1 Page 710 of 919 PART I—SCOPE AND APPLICATION CHAPTER 1 ADMINISTRATION Table of Contents Section 101 GENERAL 3 Section 102 APPLICABILITY 5 Section 103 BUILDING DIVISION 10 Section 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 10 Section 105 PERMITS 13 Section 106 FLOOR AND ROOF LOADS 2429 Section 107 CONSTRUCTION DOCUMENTS 29 Section 108 TEMPORARY STRUCTURES AND USES 43 Section 109 FEES 4443 Section 110 INSPECTIONS 4445 Section 111 CERTIFICATES OF OCCUPANCY AND COMPLETION 56 Section 112 SERVICE UTILITIES iW58 Section 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 59 Section 114 VIOLATIONS 6&62 Section 115 STOP WORK ORDER 63 Section 116 UNSAFE STRUCTURES AND EQUIPMENT 6463 Section 117 VARIANCES IN FLOOD HAZARD AREAS 66 Section 118 WIND LOADS &766 Section 119 SEVERABILITY 66 2 Page 711 of 919 SECTION 101 GENERAL 101.1 Title.These regulations shall be known as the Florida Building Code, hereinafter referred to as"this code." 101.2 Scope. The provisions of this code shall apply to the construction, Alteration, relocation, enlargement, replacement,Repair,equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exception: 1. Detached one- and two-family Dwellings and multiple single-family Dwellings(Townhouses) not more than three Stories above Grade Plane in height with a separate Means Of Egress and their accessory structures not more than three stories above grade plane in height,shall comply with the Florida Building Code,Residential. 2. Code Requirements that address snow loads and earthquake protection are pervasive;they are left in place but shall not be utilized or enforced because Florida has no snow load or earthquake threat. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. Appendix "F," in the Florida Building Code, Plumbing Volume, has been adopted as part of this chapter. 101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code,Building. 101.3 Intent.The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, Means of Egress facilities, stability, sanitation,adequate light and ventilation,energy conservation,and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building,system or plan by this jurisdiction,under the requirements of this code,shall not be construed in any court as a warranty of the physical condition of such building,system or plan or their adequacy. This jurisdiction 3 Page 712 of 919 shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting.Further,no employee shall be liable in tort for damage from such conditions, in accordance with Section 768.28 Florida Statutes,as may be amended or replaced. 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.11 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Gas.The provisions of the Florida Building Code,Fuel Gas Shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code.These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical Shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air- conditioning and refrigeration systems,incinerators and other energy-related systems. 101.4.3 Plumbing.The provisions of the Florida Building Code,Plumbing shall apply to the installation, Alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 101.4.4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances,Chapter 10,Article IV. 101.4.5 Fire prevention.For provisions related to Florida Fire Prevention Codef re. e v^^ ieR,refer to the Florida Fire Prevention Code.The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage,handling or use of structures,materials or devices;from conditions hazardous to life,property or public welfare in the occupancy of structures or premises; and from the construction, extension, Repair,Alteration or removal of fire suppression,Automatic Sprinkler Systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation Shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.4.7 Existing buildings.The provisions of the Florida Existing Building Code shall apply to matters governing the Repair,Alteration,change of occupancy,Addition to and relocation of existing buildings. 4 Page 713 of 919 101.4.8 Accessibility. For provisions related to accessibility, refer to the Florida Building Code, Accessibility. 101.4.9 Manufactured buildings. For additional administrative and special code requirements, see Section 458,Florida Building Code. Building,and Rule 61-41 Florida Administrative Code. 101.4.10 Electrical.The provisions of Chapter 27 of the Florida Building Code,Building Volume shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances,fixtures,fittings and appurtenances thereto. 101.4.11 Flood Damage Prevention.City of Boynton Beach Land Development Regulations(LDR)shall be considered part of the requirements of this code relative to flood control. Conflicting requirements between the Florida Building Code and Chapter 4,Article X,Flood Prevention Requirements of the LDR shall be resolved in favor of the requirement that offers the greatest degree of flood damage prevention or alternatives that would provide an equivalent degree of flood damage prevention and an equivalent method of construction. 101.5 Building Official. Whenever,the Building Official is mentioned in the code,it is also intended to mean the Building Official's designee,wherever applicable. SECTION 102 APPLICABILITY 102.1 General.Where there is a conflict between a general requirement and a specific requirement,the specific requirement shall be applicable.Where,in any specific case,different sections of this code specify different materials,methods of construction or other requirements,the most restrictive shall govern. 102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to,zoning requirements,land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design,construction,erection, alteration,modification,repair or demolition of public or private buildings,structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally,a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the sitting of any publicly owned facility, including, but not limited to, correctional facilities,juvenile justice facilities,or state universities,community colleges,or public education facilities,as provided by law. 102.2 Building.The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building,structure or facility or floating residential structure,or 5 Page 714 of 919 any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations,repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in the Florida Building Code, Existing Building.The following buildings, structures and facilities,except for those located in a Special Flood Hazard Area are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a)Building and structures specifically regulated and preempted by the federal government. (b)Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. (d)Temporary buildings or sheds used exclusively for construction purposes. (e)Mobile or modular structures used as temporary offices, except that the provisions of Part II (Section 553.501-553.513,Florida Statutes)relating to accessibility by persons with disabilities shall apply to such mobile or modular structures.Permits shall be required for structural support and tie down,electric supply and all other such utility connections to such mobile or modular structures as required by this jurisdiction. (f)Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation,transmission,or distribution of electricity. (g)Temporary sets, assemblies, or structures used in commercial motion picture or television production,or any sound-recording equipment used in such production,on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida.As used in this paragraph,the term"chickee"means an open-sided wooden but that has a thatched roof of palm or palmetto or other traditional materials,and that does not incorporate any electrical,plumbing,or other non-wood features. (i) Family mausoleums not exceeding 250 square feet(23 m2)in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite,marble,or reinforced concrete. 0)Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (k)A building or structure having less than 1,000 square feet(93 m2)which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1,2011,if the building or structure: 1.Is not rented or leased or used as a principal residence; 2. Is not located within the 100-year floodplain according to the Federal Emergency Management Agency's current Flood Insurance Rate Map;and 6 Page 715 of 919 3.Is not connected to an off-site electric power or water supply. (1)Service providers of water,sewer,storm,gas,cable,telephone,or other similar utility systems are exempt to the point of service connection for the building or structure. 102.2.1 In addition to the requirements of Section 553.79 and 553.80,Florida Statutes,facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395,Florida Statutes,and Part II of Chapter 400,Florida Statutes,and the certification requirements of the federal government. 102.2.2 Residential buildings or structures moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved,provided: 1. The building or structure is structurally sound and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational and safe for reconnection;and 6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state,if required by the Florida Building Code, Building for all residential buildings or structures of the same occupancy class. 7.The requirements of Florida Building Code,Existing Building Volume,are also satisfied. 102.2.3 The Building Official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 102.2.5 Each enforcement district shall be governed by a board, the composition of which shall be determined by the affected localities. 7 Page 716 of 919 1.At its own option,each enforcement district or local enforcement agency may adopt rules granting to the owner of a single-family residence one or more exemptions from the Florida Building Code relating to: a.Addition,alteration,or repairs performed by the property owner upon his or her own property, provided any addition or alteration shall not exceed 1,000 square feet (93 m2) or the square footage of the primary structure,whichever is less. b. Addition, alteration, or repairs by a non-owner within a specific cost limitation set by rule, provided the total cost shall not exceed$5,000 within any 12-month period. c.Building and inspection fees. 2.However,the exemptions under subparagraph 1 do not apply to single-family residences that are located in mapped flood hazard areas,as defined in the code,unless the enforcement district or local enforcement agency has determined that the work,which is otherwise exempt,does not constitute a substantial improvement, including the repair of substantial damage, of such single-family residences. 3.Each code exemption,as defined in sub-subparagraphs 1a,1b,and 1c shall be certified to the local board 10 days prior to implementation and shall only be effective in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it. 4.However,each enforcement district or local enforcement agency may establish an alternative permitting program for replacing nonstructural components of building systems in a residential dwelling unit. A licensed contractor performing such work for the resident shall also be exempt from individual permits and inspections if either the owner or the licensed contractor obtains a valid Annual Permit per Section 105.1.1 of this code and all such work is reported as required in Section 105.1.2 of this code for compliance evaluation.No added capacity,system expansion or new building work of any type shall be excluded from individual permit and inspection by this provision. 102.2.6 This section does not apply to swings and other playground equipment accessory to a one-or two-family dwelling. Exception:Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number,shall be construed to refer to such chapter,section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 8 Page 717 of 919 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards,the provisions of this code shall apply. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the Florida Codes listed in Section101.4,the provisions of this code or the Florida Codes listed in Section 101.4,as applicable,shall take precedence over the provisions in the referenced code or standard. 102.5 Partial invalidity.In the event that any part or provision of this code is held to be illegal or void,this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures.The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change,except as is specifically covered in this code,the Florida Building Code, Existing Building, the Florida Fire Prevention Code, and_101.4. 4 Property maintenance. For provisions related to property maintenance,refer to the City of Boynton Beach Code of Ordinances,Chapter 10,Article IV. 102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the Florida Building Code or Florida Residential Code,as applicable,for new construction or with any current permit for such occupancy. 102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change,except as otherwise specifically provided in this code, the Florida Fire Prevention Code, and 101.4. 4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV, or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public. 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufactured building does not constitute an alteration. (2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code(prior to March 1,2002),the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code(after March 1,2002),the wind speed map of the Florida Building Code shall be applicable. (3)A relocated building shall comply with the flood hazard area requirements of the new location,if applicable. 9 Page 718 of 919 102.8 Existing mechanical equipment.An agency or local government may not require that existing mechanical equipment located on or above the surface of a roof be installed in compliance with the requirements of the Florida Building Code except during reroofing when the equipment is being replaced or moved during reroofing and is not in compliance with the provisions of the Florida Building Code relating to roof-mounted mechanical units. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 DIVISION OF BUILDING SAFETY 103.1 Creation of enforcement agency.The Division of Building Safety is hereby created and the official in charge thereof shall be known as the B4uilding Oefficial Or Building Code Administrator. 103.2 Appointment. The Building Official shall be appointed by the chief appointing authority of the jurisdiction. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority,the Building Official shall have the authority to appoint a deputy Building Official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Official. For the maintenance of existing properties,see 101.4.4 Property maintenance.For provisions related to property maintenance,refer to the City of Boynton Beach Code of Ordinances,Chapter 10,Article IV. 103.4 Restrictions on employees.(Reserved). SECTION 104 DUTIES AND POWERS OF THE-BUILDING OFFICIAL 104.1 General.The Building Official is hereby authorized and directed to enforce the provisions of this code.The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions.Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The Building Official shall receive applications, review Construction Documents and issue Permits for the erection, and Alteration, demolition and moving of buildings and structures,and service systems,inspect the premises for which such Permits have been issued and enforce compliance with the provisions of this code. 10 Page 719 of 919 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas.For applications for reconstruction,rehabilitation,Repair,Alteration, Addition or other improvement of existing buildings or structures located in Flood Hazard Areas,the Building Official shall determine if the proposed work constitutes substantial improvement or Repair of Substantial Damage. Where the Building Official determines that the proposed work constitutes Substantial Improvement or Repair of Substantial Damage, and where required by this code, the Building Official shall require the building to meet the requirements of Section 1612 and Section R322. 104.3 Notices and orders. The Building Official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections.The Building Official shall make all of the required inspections,or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual.The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification.The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry.Where it is necessary to make an inspection to enforce the provisions of this code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe,dangerous or hazardous,the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code,provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied,the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry.If entry is refused,the Building Official shall have recourse to the remedies provided by law to secure entry. 104.6.2 When the Building Official obtains a proper inspection warrant or other remedy provided by law to secure entry,no owner or occupant or any other persons having charge,care or control of any building, structure,or premises shall fail or neglect,after proper request is made as herein provided,to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this code. 104.7 Division of records.The Building Official shall keep official records of applications received,Permits and certificates issued,fees collected,reports of inspections,and notices and orders issued.Such records shall be retained in the official records for the period required for retention of public records per FS 119. 104.8 Liability. The Building Official, member of the board of appeals or employee charged with the enforcement of this code,while acting for thejurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or 11 Page 720 of 919 criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.Any suit instituted against an officer or employee or board member because of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.8.1 Legal defense.Any suit or criminal complaint instituted against an officer or employee or board member of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings.The Building Official or any subordinate shall not be liable for cost in any action,suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials,equipment and devices Approved by the Building Official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment.The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless Approved by the Building Official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code,the Building Official shall have the authority to grant modifications for individual cases,upon application of the owner or owner's representative,provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility,life and fire safety,or structural requirements.The details of action granting modifications shall be recorded and entered in the files of the division of building safety. 104.10.1 Flood hazard areas.The Building Official shall coordinate with the floodplain administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 117. 104.11 Alternative materials,design and methods of construction and equipment.The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been Approved.An alternative material,design or method of construction shall be Approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality,strength,effectiveness,Fire Resistance,durability and 12 Page 721 of 919 safety. Where the alternative material, design or method of construction is not Approved,the Building Official shall respond in writing,stating the reasons why the alternative was not Approved. 104.11.1 Research reports.Supporting data,where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from Approved sources. 104.11.2 Tests.Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code,or in order to substantiate claims for alternative materials or methods,the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction.Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods,the Building Official shall approve the testing procedures.Tests shall be performed by an Approved Agency. Reports of such tests shall be retained by the Building Official for the period required for retention of public records. 104.12 Requirements not covered by code.Any requirements necessary for strength,stability or proper operation of an existing or proposed building,structure,electrical,gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or other technical codes,shall be determined by the Building Official. SECTION 105 PERMITS 105.1 Required.Any contractor,owner or owner's authorized agent in accordance with Florida Statute Chapter 489 who intends to construct,enlarge,alter,repair,move,demolish,or change the occupancy of a building,tenancy or structure,or to erect, install,enlarge,alter, repair,remove,convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing, fire protection systems, accessible elements,flood resistant elements, site drainage elements,the installation of which is regulated by this code or Part III,Chapter 2,Article IV of the BBFL Code of Ordinance,or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit(s).A^y ewrier^ 105.1.1 Annual facility permit. In lieu of an individual Permit for each Alteration to an Existing electrical,gas, mechanical or plumbing or interior nonstructural office system(s),the Building Official is authorized to issue an annual Permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations.The Building Official shall be notified of major changes and shall retain the 13 Page 722 of 919 right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance.A separate permit shall be obtained for each facility and for each construction trade,as applicable.The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual Facility permit records.The person to whom an annual Permit is issued shall keep a detailed record of Alterations made under such annual Permit.The Building Official shall have access to such records at all times or such records shall be filed with the Building Official as designated.The Building Official is authorized to revoke such permit,if code violations are found to exist. 105.1.3 Food permit. In accordance with 500.12,Florida Statutes,a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.1.4 Public swimming pool.The local enforcing agency may not issue a building permit to construct,develop,or modify a public swimming pool without proof of application,whether complete or incomplete,for an operating permit pursuant to Section 514.031,Florida Statutes.A certificate of completion or occupancy may not be issued until such operating permit is issued.The local enforcing agency shall conduct their review of the building permit application upon filing and in accordance with Chapter 553,Florida Statutes.The local enforcing agency may confer with the Department of Health,if necessary,but may not delay the building permit application review while awaiting comment from the Department of Health. 105.2 Work exempt from permit.Exemptions from Permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction, to include work in any special flood hazard area. Exemptions granted under this section do not relieve the owner or contractor from their duty to comply with applicable provisions of the Florida Building Code, and requirements of the Local Floodplain Management Ordinance.As Determined by The Building Official, Permits shall not be required for the following: Building: 1. Building permits are not required for replacement or repair work having a value of less than $1,000.00,providing,however,that such work will not adversely affect the structural integrity, fire rating,exit access or egress requirements. 2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work, with no electrical or plumbing work. 14 Page 723 of 919 3. Temporary motion picture,television and theater sets and scenery. 4. Traditional swings and other standard playground equipment accessory to detached one-and two-family dwellings,but they may be subject to Zoning permits. 5. Retractable awnings supported by an exterior wall and do not require additional support of Groups R-3 and U occupancies,but they may be subject to Zoning permits. 6. In the case of roofing repairs,a permit may not be required for work having a value of less than $500,unless such work effects the structural integrity of the roof. 7. The installation of one (1) accessory building (tool shed, etc.) per single family residence/lot, with the accessory building having a size less than or equal to 100 square feet. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of Approved portable electrical equipment to Approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions,but do apply to equipment and wiring for a power supply and the installations of towers and antennas-_except as exempted by Florida Statute Chapter 489.503(14). Temporary testing systems:A Permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1.Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1.Portable heating appliance. 2.Portable ventilation equipment. 3.Portable cooling unit. 15 Page 724 of 919 4.Steam,hot or chilled water piping within any heating or cooling equipment regulated by this code. 5.Replacement of any part that does not alter its approval or make it unsafe. 6.Portable evaporative cooler. 7.Portable s-Self-contained refrigeration system containing 10 pounds(5 kg)or less of refrigerant and actuated by motors of 1 horsepower(746 W)or less. 8. The installation,replacement, removal or metering of any electrical load management control device where installed by a utility service provider. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes,valves or fixtures and the removal and reinstallation of water closets,provided such repairs do not involve or require the replacement or rearrangement of valves,pipes or fixtures. 3. The replacement of common household plumbing fixtures to existing supply lines and outlets in 1&2 Family Dwellings_This does not include water heaters,bathtubs,or showers. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation,the Permit application shall be submitted within the next working business day to the Building Official. Notification shall be given to the Building Official,including the work address, nature of emergency,and scope of work immediately,or by the next business day. 105.2.2.Minor repairs.Ordinary minor repairs may be made with the approval of the Building Official without a permit, provided the repairs shall not include the cutting away of any wall, partition or portion thereof,the removal or cutting of any structural beam or load-bearing support,or the removal or change of any required Means Of Egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include Addition to, Alteration of, replacement or relocation of any standpipe,water supply,sewer,drainage,drain leader,gas,soil,waste,vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety,and such repairs shall not violate any of the provisions of the technical codes. 16 Page 725 of 919 105.2.3 Public service agencies.A Permit shall not be required for the installation,Alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. 105.3 Application for permit.To obtain a Permit,the applicant shall first file an application therefore in writing on a form furnished by the D4ivision of 134uilding Safety for that purpose. Permit application forms shall be in the format prescribed by a local administrative board,if applicable, and must comply with the requirements of Section 713.135(5)and(6),Florida Statutes. Each application shall be inscribed with the date of application,and the code in effect as of that date.For a building permit for which an application is submitted prior to the effective date of the Florida Building Code,the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. Effective October 1,2017,a local enforcement agency shall post each type of building permit application on its website. Completed applications must be able to be submitted electronically to the appropriate division of building safety. Accepted methods of electronic submission include,but are not limited to,e- mail submission of applications in portable document format or submission of applications through an electronic fill-in form available on the division of building safety's website or through a third-party submission management software. Payments, attachments, or drawings required as part of the permit application may be submitted in person in a non-electronic format, at the discretion of the Building Official. 105.3.1 Action on application.The Building Official shall examine or cause to be examined applications for Permits and amendments thereto within a reasonable time after filing. If the application or the Construction Documents do not conform to the requirements of pertinent laws,the Building Official shall reject such application in writing,stating the reasons therefore.If the Building Official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto,the Building Official shall issue a Permit therefore as soon as practicable. When authorized through contractual agreement with a school board,in acting on applications for permits,the Building Official shall give first priority to any applications for the construction of,or addition or renovation to, any school or educational facility. 105.3.1.1 If a state university, Florida college or public school district elects to use a local government's code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings,structures,and facilities of state universities, state colleges,and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. 105.3.1.2 No permit may be issued for any building construction,erection,alteration,modification, repair,or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is 17 Page 726 of 919 to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471,Florida Statutes: 1. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than$125,000. 2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. Personnel as authorized by chapter 633 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation,addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Heating,ventilation, and air-conditioning documents for any new building or addition which requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or more persons or for which the system costs more than$125,000.This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one,two,three or four-family structure. An air-conditioning system may be designed by an installing air-conditioning contractor certified under Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of $125,000 or less; and when a 15-ton-per system or less is designed for a singular space of a building and each 15-ton system or less has an independent duct system.Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1:When a space has two 10-ton systems with each having an independent duct system, the contractor may design these two systems since each unit(system)is less than 15 tons. Example 2: Consider a small single-story office building which consists of six individual offices where each office has a single three-ton package air conditioning heat pump.The six heat pumps are connected to a single water cooling tower.The cost of the entire heating,ventilation and air- conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18-ton system. NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building. 4. Any specialized mechanical,electrical,or plumbing document for any new building or addition which includes a medical gas,oxygen,steam,vacuum,toxic air filtration,halon,or fire detection and alarm system which costs more than$5,000. 18 Page 727 of 919 5. Electrical documents.(See Florida Statutes,Section 471.003(2)(h)).Any electrical or plumbing or air conditioning and refrigeration system meeting the following thresholds are required to be designed by a Florida Registered Engineer. Any system which: 1. Requires an electrical or plumbing or air-conditioning and refrigeration system with a value greater than$125,000;and 2.a. Requires an aggregate service capacity of greater than 600 amperes(240 volts)on a residential electrical system or greater than 800 amperes(240 volts) on a commercial or industrial electrical system; b. Requires a plumbing system with more than 250 fixture units;or c. Requires a heating,ventilation, and air-conditioning system which exceeds a 15-ton- per-system capacity,or if the project is designed to accommodate more than 100 persons. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed,dated,and stamped such document as provided in Section 471.025,Florida Statutes. 6. All public swimming pools and public bathing places defined by and regulated under Chapter 514,Florida Statutes 105.3.2 Time limitation of application. An application for a Permit for any proposed work shall be deemed to have been abandoned becoming null and void 180 days after the date of filing,or for any 6 months J180 daysl period of abandonment or suspension during the application process, unless such application has been pursued in good faith or a Permit has been issued;except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each.The extension shall be requested in writing prior to the abandonment date,with justifiable cause demonstrated. Abandoned applications shall be subject to destruction in accordance with state law. The fee for renewal, re-issuance, and extension of a permit application shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit application extensions and renewals. 105.3.3 An enforcing authority may not issue a building permit for any building construction,erection, alteration,modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county, such as the requirement for Home or Property Owners Association approval, and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies." 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefore unless unusual circumstances require a longer time for processing the 19 Page 728 of 919 application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes,Workers'Compensation,every employer shall,as a condition to receiving a building permit,show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38,Florida Statutes. 105.3.6 Asbestos removal contractor exemption.Refer to Section 105.9 for additional requirements. A licensed asbestos removal contractor is not required when moving,removal or disposal of asbestos- containing materials on a residential building where the owner occupies the building,the building is not for sale or lease,and the work is performed according to the owner-builder limitations provided in this paragraph.To qualify for exemption under this paragraph,an owner must personally appear and sign the building permit application.The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors.You have applied for a permit under an exemption to that law.The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license.You must supervise the construction yourself.You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease,or the building is a farm outbuilding on your property.If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption.You may not hire an unlicensed person as your contractor.Your work must be done according to all local,state and federal laws and regulations which apply to asbestos abatement projects.It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.3.7 Applicable Code for Manufactured Buildings.Manufacturers should be permitted to complete all buildings designed and approved prior to the effective date of a new code edition,provided a clear signed contract is in place. The contract shall provide specific data mirroring that required by an application for permit,specifically,without limitation,date of execution,building owner or dealer,and anticipated date of completion. However,the construction activity must commence within 6 months of the contract's execution.The contract is subject to verification by the Department of Business and Professional Regulation. 105.3.8 Public right of way.A permit shall not be issued by the Building dfficial for the construction, alteration,or relocation of any building,structure,or system impacting any street,alley or public lane, unless the applicant has received a right of way permit from the authority having jurisdiction over the right of way. 20 Page 729 of 919 I--- 105.4 Conditions of the permit.The issuance or granting of a Permit shall not be construed to be a Permit for,or an approval of,any violation of any of the provisions of this code or of any other ordinance of any other federal,state and local laws,ordinances,codes and regulations.Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of any other federal,state and local laws,ordinances,codes and regulations shall not be valid.The issuance of a Permit based on Construction Documents and other data shall not prevent the Building Official from requiring the correction of errors in the Construction Documents and other data. The Building Official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction or of any other federal,state and local laws,ordinances,codes and regulations. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate,cancel,alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans,construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months(180 Days)after its issuance,or if the work authorized by such permit is suspended or abandoned for a period of six months(180 Days)after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment,a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit,or revalidation(renewal)of the original permit,is not obtained within six months 180 daysl from the date the initial permit became null and void, the Building Official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction,order or similar process, or due to action by an environmental or archeological agency having jurisdiction. The Building Official is authorized to grant,in writing,one or more extensions of time,for periods not more than 3 months each. The extension shall be requested in writing and justifiable cause demonstrated,prior to expiration. 21 Page 730 of 919 105.4.1.4 The fee for renewal, reissuance and extension of a permit shall be set forth by the administrative authority.There may be fees or requirements from other government agencies for permit extensions and renewals. 105.5 Expiration.Every permit issued shall become inactive or expired pursuant to Section 105.4.1 of this code, and shall be renewed pursuant to Section 105.4.1.1 of this code before the work may resume. Permits that remain inactive or expired far more than six months(180 Days)shall lose all rights vested in the permit pursuant to Section 105.4.1.2 of this code. In order to complete the work authorized under a permit which has loss all vested rights,the permit holder and property owner shall be responsible to either remove the work from the site or obtain a new permit to complete all work in accordance with the current code _reguirements and approved permitted plans. Inspections performed and accepted prior to expiration may be accepted subject to the discretion of the Building Official. -,Rless the v0ark 9-R the site is eemprierieed withiR 199 days after 105.5.1 Additional options for closing a permit. Pursuant to Section 553.79(15), Florida Statutes, a Formatted:Font:Bold property owner, regardless of whether the property owner is the one listed on the application for the building permit,may close a building permit by complying with the following requirements: 1.) The property owner may retain the original contractor listed on the permit or hire a different contractor appropriately licensed in this state to perform the work necessary to satisfy the conditions of the permit and to obtain any necessary inspection in order to close the permit. If a contractor other than the original contractor listed on the permit is hired by the property owner to close the permit, such contractor is not liable for any defects in the work performed by the original contractor and is only liable for the work that he or she performs. 2.) The property owner may assume the role of an owner-builder, in accordance with Sections 489.103(7)and 489.503(6),Florida Statutes. 3._) If a building permit is expired and its requirements have been substantially completed and no life safety issues exist as determined by the local enforcement agency,the permit may be closed without having to obtain a new building permit, and the work required to close the permit may be done pursuant to the building code in effect at the time the local enforcement agency received the application for the permit, unless the contractor has sought and received approval from the local enforcement agency for an alternative material,design or method of construction. 22 Page 731 of 919 4.)A local enforcement agency may close a building permit 6 years after the issuance of the permit, even in the absence of a final inspection,if the local enforcement agency determines that no apparent safety hazard exists. 105.5.1.1 For purposes of this section,the term `°close" means that the requirements of the permit Formatted:Font:Bold have been satisfied. 105.5.1.2 For the purposes of this subsection,an open permit shall mean a permit that has not satisfied Formatted:Font:Bold all requirements for completion as listed in Section f^V^;^,.t r^,., pew— —at has beeR the QJW;PiG1 @ii r wfs fer^ pleb^r as defined cam,495.544. after(40.1 years ef expipatieR wheR Re safety hazard exists and Re Geale vielat;eRs have beeR previeusly W„4-,� 105.5.2 Responsibility to Close Permits. Closing out or resolving open or expired permits shall be the responsibility of the permit applicant and the property owner. Failure to close out or resolve open permits may result in a referral of the matter to the Florida Department of Business and Professional Regulations-Construction Industry Licensing Board(CILB)or Palm Beach County Construction Industry Licensing Board(CILB),as applicable,and the Boynton Beach Community Standards Division. 105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because the plan,or the construction,erection,alteration,modification,repair,or demolition of a building,is found by the local enforcing agency to be not in compliance with the Florida Building Code,the local enforcing agency shall identify the specific plan or project features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permit applicant. If the local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the local building code administrator or inspector shall identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based,and provide this information to the local enforcing agency. The local enforcing agency shall provide this information to the permit applicant. 23 Page 732 of 919 105.6.1Arms Length Purchaser-Pursuant to Section 553.79(16), Florida Statutes,a local enforcement agency may not deny issuance of a building permit to; issue a notice of violation to; or fine, penalize sanction or assess fees against an arm's-length purchaser of a property for value solely because a building permit applied for by a previous owner of the property was not closed.The local enforcement agency shall maintain all rights and remedies against the property owner and contractor listed on the ermit. 105.6.2 Discipline. Pursuant to Section 553.79(16), Florida Statutes, a local enforcement agency may not deny issuance of a building permit to a contractor solely because the contractor is listed on other building permits that were not closed. However,the Building Official may elect to refer violations to the appropriate licensing authority for potential discipline. 105.6.3.1 Misrepresentation of application. The Building Official may revoke a permit or approval, issued under the provisions of this code,when there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. 105.6.42 Violation of code provisions.The Building Official may require correction or revoke the permit upon determination by the Building Official that the construction,erection,alteration,repair,moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. 105.7 Placement of permit.The building Permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement.In accordance with Section 713.135,Florida Statutes,when any person applies for a building permit,the authority issuing such permit shall print on the face of each permit card in no less than 14-point,capitalized,boldfaced type:"WARNING TO OWNER:YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING,CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos.The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003,Florida Statutes,and to notify the Department of Environmental Protection of his or her intentions to remove asbestos,when applicable, in accordance with state and federal law. Refer to Section 105.3.6 "Asbestos Removal Contractor Exemption"of this code for additional requirements. 105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed,providing a copy for the person the permit is issued to and another copy for the building permit files.The treatment certificate shall provide the product used,identity of the applicator, 24 Page 733 of 919 time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used,to establish a verifiable record of protective treatment.If the soil chemical barrier method for termite prevention is used,final exterior treatment shall be completed prior to final building approval. For a bait system, see Section 1816.1.7 of the Florida Building Code for contract document requirements. 105.11 Notice of termite protection.A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided.The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance.Upon written request and approval of the Building Official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection.This provision only applies to the Florida Building Code,all other agency approvals necessary for construction must be secured prior to this provision being applied. 105.13 Phased permit approval. After submittal of the appropriate construction documents,the Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit forthe entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. This provision only applies to the Florida Building Code,all other agency approvals necessary for construction must be secured prior to this provision being applied. 105.14 Permit issued on basis of an affidavit. The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures,the affidavit shall state that the plans conform to the laws as to egress,type of construction and general arrangement and,if accompanied by drawings,show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains,loads and stability.Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the Building Official,are hazardous or complex,the Building Official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work.In addition,they shall be responsible for conformity to the permit,provide copies of inspection reports as inspections are performed,and upon completion make and file with the Building Official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the Building Official. The Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468,Florida Statutes,and that any person conducting inspections is qualified as a building 25 Page 734 of 919 inspector under Part III of Chapter 468,Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the Building Official(See also Section 107.6). Exception:Permit issued on basis of an affidavit shall not extend to the flood load and flood resistance requirements of the Florida Building Code. 105.15 Opening protection.When any activity requiring a building permit that is applied for on or after July 1, 2008, and for which the estimated cost is$50,000 or more for a site built single-family detached residential structure that is located in the wind borne debris region as defined in this Code and that has an insured value of$750,000 or more, or,if the site built single-family detached residential structure is uninsured or for which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad valorem taxation of$750,000 or more;opening protections as required within this Code or Florida Building Code,Residential for new construction shall be provided. Exception: Single family residential structures permitted subject to the Florida Building Code are not required to comply with this section. 105.16 Inspection of existing residential building not impacted by construction. (a)A local enforcing agency, and any local building code administrator, inspector, or other official or entity, may not require as a condition of issuance of a one-or two-family residential building permit the inspection of any portion of a building,structure,or real property that is not directly impacted by the construction,erection,alteration,modification,repair,or demolition of the building,structure,or real property for which the permit is sought. (b)This subsection does not apply to a building permit sought for: 1. A substantial improvement as defined in Section 161.54, Florida Statutes or as defined in the Florida Building Code. 2.A change of occupancy as defined in the Florida Building Code. 3.A conversion from residential to nonresidential or mixed use pursuant to Section 553.507(2)(a), Florida Statutes or as defined in the Florida Building Code. 4.A historic building as defined in the Florida Building Code. (c)This subsection does not prohibit a local enforcing agency,or any local building code administrator, inspector,or other official or entity,from: 1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection conducted in accordance with the prohibition in paragraph(a). 2.Inspecting a physically nonadjacent portion of a building,structure,or real propertythat is directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought in accordance with the prohibition in paragraph(a). 26 Page 735 of 919 3. Inspecting any portion of a building, structure, or real property for which the owner or other person having control of the building,structure,or real property has voluntarily consented to the inspection of that portion of the building, structure, or real property in accordance with the prohibition in paragraph(a). 4.Inspecting any portion of a building,structure,or real property pursuant to an inspection warrant issued in accordance with Sections 933.20-933.30,Florida Statutes. 105.17 Streamlined low-voltage alarm system installation permitting. (1) As used in this section,the term: (a) "Contractor"means a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the department under part II of chapter 489. (b) "Low-voltage alarm system project" means a project related to the installation, maintenance, inspection, replacement, or service of a new or existing alarm system, as defined in s. 489.505,that is hardwired and operating at low voltage,as defined in the National Electrical Code Standard 70,Current Edition,or a new or existing low-voltage electric fence,and ancillary components or equipment attached to such a system or fence, including, but not limited to, home-automation equipment, thermostats, closed-circuit television systems,access controls,battery recharging devices,and video cameras. (c) "Low-voltage electric fence"means an alarm system,as defined ins.489.505,that consists of a fence structure and an energizer powered by a commercial storage battery not exceeding 12 volts which produces an electric charge upon contact with the fence structure. (d) "Wireless alarm system"means a burglar alarm system or smoke detectorthat is not hardwired. (2) Notwithstanding any provision of law,this section applies to all low-voltage alarm system projects for which a permit is required by a local enforcement agency.However,a permit is not required to install, maintain, inspect, replace, or service a wireless alarm system, including any ancillary components or equipment attached to the system. (3) A low-voltage electric fence must meet all of the following requirements to be permitted as a low- voltage alarm system project,and no further permit shall be required for the low-voltage alarm system project other than as provided in this section: (a) The electric charge produced by the fence upon contact must not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission Standard No.60335-2-76,Current Edition. (b) A nonelectric fence or wall must completely enclose the low-voltage electric fence.The low-voltage electric fence may be up to 2 feet higher than the perimeter nonelectric fence or wall. 27 Page 736 of 919 (c) The low-voltage electric fence must be identified using warning signs attached to the fence at intervals of not more than 60 feet. (d) The low-voltage electric fence shall not be installed in an area zoned exclusively for single-family or multi-family residential use. (e) The low-voltage electric fence shall not enclose the portions of a property which are used for residential purposes. (4) This section does not apply to the installation or replacement of a fire alarm if a plan review is required. (5) A local enforcement agency shall make uniform basic permit labels available for purchase by a contractor to be used for the installation or replacement of a new or existing alarm system at a cost of not more than$40 per label per project per unit.The local enforcement agency may not require the payment of any additional fees,charges,or expenses associated with the installation or replacement of a new or existing alarm system. (a) A local enforcement agency may not require a contractor, as a condition of purchasing a label, to submit any information other than identification information of the licensee and proof of registration or certification as a contractor. (b) A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction of the local enforcement agency that issued the label.A contractor may purchase labels in bulk for one or more unspecified current or future projects. (6) A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of the low-voltage alarm system project site before commencing work on the project. (7) A contractor is not required to notify the local enforcement agency before commencing work on a low-voltage alarm system project.However,a contractor must submit a Uniform Notice of a Low-Voltage Alarm System Project as provided under subsection (8)to the local enforcement agency within 14 days after completing the project.A local enforcement agency may take disciplinary action against a contractor who fails to timely submit a Uniform Notice of a Low-Voltage Alarm System Project. (8) The Uniform Notice of a Low-Voltage Alarm System Project may be submitted electronically or by facsimile if all submissions are signed by the owner,tenant, contractor,or authorized representative of such persons. The Uniform Notice of a Low-Voltage Alarm System Project must contain the following information: UNIFORM NOTICE OF A LOW-VOLTAGE ALARM SYSTEM PROJECT Owner's or Customers Name 28 Page 737 of 919 Owner's or Customer's Address City State Zip Phone Number E-mail Address Contractor's Name Contractor's Address City State Zip Phone Number Contractor's License Number Date Project Completed Scope of Work Notice is hereby given that a low-voltage alarm system project has been completed at the address specified above.I certify that all of the foregoing information is true and accurate. (Signature of Owner,Tenant,Contractor,or Authorized Representative) (9) A local enforcement agency may coordinate directly with the owner or customer to inspect a low- voltage alarm system project to ensure compliance with applicable codes and standards.If a low-voltage alarm system project fails an inspection,the contractor must take corrective action as necessary to pass inspection. (10) A municipality, county,district, or other entity of local government may not adopt or maintain in effect any ordinance or rule regarding a low-voltage alarm system project that is inconsistent with this section. (11) A uniform basic permit label shall not be required for the subsequent maintenance,inspection,or service of an alarm system that was permitted in accordance with this section. The provisions of this act are not intended to impose new or additional licensure requirements on persons licensed in accordance with the applicable provisions of chapter 489,Florida Statutes. 29 Page 738 of 919 SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted.Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf(2.40 kN/m2),such design live loads shall be conspicuously posted by the owner or the owner's authorized agent in that part of each Story in which they apply,using durable signs.It shall be unlawful to remove or deface such notices 106.2 Issuance of certificate of occupancy.A certificate of occupancy required by Section 111 shall not be issued until the floor load signs,required by Section 106.1,have been installed. 106.3 Restrictions on loading.It shall be unlawful to place,or cause or permit to be placed,on any floor or roof of a building,structure or portion thereof,a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of Construction Documents, statement of Special Inspections,geotechnical report and other data shall be submitted in two or more sets with each Permit application.The Construction Documents shall be prepared by a Registered Design Professional where required by Chapter 471, Florida Statutes&61G15 Florida Administrative Code or Chapter 481, Florida Statutes & 61G1 Florida Administrative Code. Where special conditions exist, the Building Official is authorized to require additional Construction Documents to be prepared by a Registered Design Professional. Electronic media documents shall be submitted when required by the Building Official,in a format acceptable to the Building Official,and may require only one set of submittals. Exception:The Building Official is authorized to waive the submission of Construction Documents and other data not required to be prepared by a Registered Design Professional if it is found that the nature of the work applied for is such that review of Construction Documents is not necessary to obtain compliance with this code. If the design professional is an architect,interior designer,or engineer legally registered under the laws of this state regulating the practice of architecture or interior design as provided for in Chapter 481,Florida Statutes, Part I, or landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, or engineering as provided for in Chapter 471, Florida Statutes,then he or she shall affix his or her official seal to said drawings,specifications and accompanying data,as required by Florida Statute. 107.2 Construction documents. Construction Documents shall be in accordance with Sections 107.2.1 through 107.2.6. 107.2.1 Information on construction documents. 30 Page 739 of 919 Construction Documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when Approved by the Building Official. Construction Documents shall be of sufficient clarity to indicate the location,nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the Building Official. Such drawings and specifications shall contain information,in the form of notes or otherwise,as to the quality of materials,where quality is essential to conformity with the technical codes. Such information shall be specific,and the technical codes shall not be cited as a whole or in part, nor shall the term"legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. 107.2.1.1 For roof assemblies required by the code, the construction documents shall illustrate, describe and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer certifying suitability for the specific site must be submitted with the construction documents. 107.2.1.2 Additional data.The Building Official may require details,computations,stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings,specifications and accompanying data required by the Building Official to be prepared by an architect or engineer shall be affixed with their official seal,signature and date as state law requires. 107.2.1.3 Quality of building plans.Building plans shall be drawn to a minimum 1/8 inch scale upon substantial paper,cloth or other acceptable medium.The Building Official may establish, through Departmental policy,other standards for plans and specifications,including electronic format,in order to provide conformity to its electronic permit review and record retention program.This policy may include such things as minimum size,shape,contrast,clarity,or other items related to records management.Electronic media must be compatible with the archive requirements of Florida Statutes. 107.2.2 Fire protection system shop drawings.Shop drawings for the Fire Protection System(s)shall be submitted to indicate conformance to this code and the Construction Documents and shall be Approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 107.2.3 Means of egress. The Construction Documents shall show in sufficient detail the location, construction, size and character of all portions of the Means Of Egress including the path of the Exit Discharge to the Public Way in compliance with the provisions of this code.In other than occupancies in Groups R-2,R-3,and I-1,the Construction Documents shall designate the number of occupants to be accommodated on every floor,and in all rooms and spaces. 31 Page 740 of 919 107.2.4 Exterior wall envelope. Construction Documents for all buildings shall describe the Exterior Wall Envelope in sufficient detail to determine compliance with this code.The Construction Documents shall provide details of the Exterior Wall Envelope as required, including flashing, intersections with dissimilar materials,corners,end details,control joints,intersections at roof,eaves or parapets,means of drainage,water-resistive membrane and details around openings. The Construction Documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the Construction Documents maintain the weather resistance of the Exterior Wall Envelope.The supporting documentation shall fully describe the Exterior Wall system which was tested,where applicable,as well as the test procedure used. 107.2.5 Exterior balcony and elevated walking surfaces. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain,snow or irrigation,and the structural framing is protected by an impervious moisture barrier the construction documents shall include details for all element of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions.(CA7834) 107.2.5-6 Site plan.The Construction Documents submitted with the application for Permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site,distances from Lot Lines,the established street grades and the proposed finished grades and,as applicable,flood hazard areas,floodways,and Design Flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition,the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot.The site plan shall include accessible parking and accessible routes as required by the FBC Accessibility when applicable. The Building Official is authorized to waive or modify the requirement for a site plan when the application for Permit is for Alteration or repair or when otherwise warranted. 107.2.66.1 Design flood elevations.Where Design Flood elevations are not specified,they shall be established in accordance with Section 1612.3.1.Design flood elevations shall be uniformly specified utilizing the currently effective NAVD 88. 107.2.65.2 For the purpose of inspection and record retention, site plans for a building may be maintained in the form of an electronic copy at the worksite.These plans must be open to inspection by the Building Official or a duly authorized representative,as required by the Florida Building Code. 107.2.76 Structural information.The Construction Documents shall provide the information specified in Section 1603 and include shoring details, where applicable, for new construction and alterations. Where construction includes excavation, shoring details shall demonstrate protection of the angle of repose for foundation systems of existing adjacent structures. 32 Page 741 of 919 107.3 Examination of documents. The Building Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. Exceptions: 1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state-approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection,assembly or construction at the site.Erection,assembly (including utility crossover connections)and construction at the site are subject to local permitting and inspections.Photocopies of plans approved according to FAC 61-41.009,Florida Administrative Code,shall be sufficient for local permit application documents of record for the modular building portion of the permitted project. 2.Industrial construction on sites where design,construction and fire safety are supervised by appropriately licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt,subject to approval by the Building Official,from review of plans and inspections,providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors. 107.3.1 Approval of construction documents. When the Building Official issues a Permit, the Construction Document shall be Approved,in writing or by stamp,as"Reviewed for Code Compliance." One set of Construction Documents so reviewed shall be retained by the Building Official.The other set shall be returned to the applicant,shall be kept at the site of work and shall be open to inspection by the Building Official or a duly authorized representative. 107.3.2 Previous approvals. This code shall not require changes in the Construction Documents, construction or designated occupancy of a structure for which a lawful Permit has been heretofore issued or otherwise lawfully authorized,and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval.(See also Section 105.13 of this code.)The Building Official is authorized to issue a Permit for the construction of foundations or any other part of a building or structure before the Construction Documents for the whole building or structure have been submitted,provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code.The holder of such Permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a Permit for the entire structure will be granted.This provision only applies to the Florida Building Code;all other agency approvals necessary for construction must be secured prior to this provision being applied. 107.3.4 Design professional in responsible charge.Where it is required that documents be prepared by a Registered Design Professional,the Building Official shall be authorized to require the Owner or 33 Page 742 of 919 the owner's authorized agent to engage and designate on the building Permit application a Registered Design Professional who shall act as the Registered Design Professional In Responsible Charge. If the circumstances require, the Owner or the owner's authorized agent shall designate a substitute Registered Design Professional In Responsible Charge who shall perform the duties required of the original Registered Design Professional In Responsible Charge.The Building Official shall be notified in writing by the Owner or the owner's authorized agent if the Registered Design Professional In Responsible Charge is changed or is unable to continue to perform the duties. The Registered Design Professional In Responsible Charge shall be responsible for reviewing and coordinating submittal documents prepared by others,including phased and deferred submittal items, for compatibility with the design of the building. Those products which are regulated by FAC Rule 61G20 shall be reviewed and approved in writing by the designer of record prior to submittal for jurisdictional approval. 107.3.4.1 Deferred submittals.For the purposes of this section,deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Official. Deferral of any submittal items shall have the prior approval of the Building Official.The Registered Design Professional in Responsible Charge shall list the deferred submittals on the Construction Documents for review by the Building Official. Documents for deferred submittal items shall be submitted to the Registered Design Professional In Responsible Charge who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building.The deferred submittal items shall not be installed until the deferred submittal documents have been Approved by the Building Official. 107.3.4.2 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471,Florida Statutes,or Chapter 481 Florida Statutes,by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapters 471,481 or 489,Florida Statutes. 107.3.5 Minimum plan review criteria for buildings.The examination of the documents by the Building Official shall include the following minimum criteria and documents:a floor plan;site plan;foundation plan;floor/roof framing plan or truss layout;all fenestration penetrations;flashing;and rough opening dimensions;and all exterior elevations: Commercial Buildings: 34 Page 743 of 919 Building 1.Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydrant/water supply/post indicator valve(PIV) Set back/separation(assumed property lines) Location of specific tanks,water lines and sewer lines Flood hazard areas,flood zones,and design flood elevations 2.Occupancy group and special occupancy requirements shall be determined (with cross check with the energy code submittal). 3.Minimum type of construction shall be determined(see Table 503). 4.Fire-resistant construction requirements shall include the following components: Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated walls Fire blocking and draftstopping and calculated fire resistance 5.Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems Riser diagram 6.Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic Safeguards during construction,as applicable 7.Occupancy load/egress requirements shall include: Occupancy load Gross Net Means of egress 35 Page 744 of 919 Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements Horizontal exits/exit passageways 8.Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope(including Section 107.2.4 of this code) Impact resistant coverings or systems Structural calculations(if requirerequested) Foundation Flood requirements in accordance with Section 1612,including lowest floor elevations,enclosures, flood damage-resistant materials Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9.Materials shall be reviewed and shall at a minimum include the following: Wood Steel Aluminum Concrete Plastic Glass Masonry Gypsum board and plaster Insulating(mechanical) Roofing Deck coatings Insulation Building envelope portions of the Energy Code(including calculation and mandatory requirements) 10.Accessibility requirements shall include the following: Site requirements 36 Page 745 of 919 Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements 11.Interior requirements shall include the following: Interior finishes(flame spread/smoke development) Light and ventilation (including corresponding portion of the energy code) Sanitation 12.Special systems: Elevators Escalators Lifts 13.Energy Code submittal 14-3.Swimming pools: Barrier requirements Spas Wading pools 154.Location and installation details.The specific location and installation details of each fire door, fire damper, ceiling damper and smoke damper shall be shown and properly identified on the building plans by the designer. Electrical 1. Electrical: Wiring Services Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials GFCIs Electrical portions of the Energy Code(including calculation and mandatory requirements) 2. Equipment 37 Page 746 of 919 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 8. Design flood elevation Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back flow prevention 9. Irrigation 10.Location of water supply line 11.Grease traps 12.Environmental requirements 13.Plumbing riser 14.Design flood elevation 15. Water/plumbing portions of the Energy Code (including calculation and mandatory requirements) 38 Page 747 of 919 Mechanical 1. Mechanical portions of the Energy calculations 2. Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof-mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 10.Chimneys,fireplaces and vents 11.Appliances 12.Boilers 13.Refrigeration 14.Bathroom ventilation 15.Laboratory 16.Design flood elevation Gas 1. Gas piping 2. Venting 3. Combustion air 39 Page 748 of 919 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagram/shutoffs 10.Design flood elevation 11.Gas portions of the Energy Code(including calculation and mandatory requirements) Demolition 1. Asbestos removal Residential(one-and two-family): 1. Site requirements: Set back/separation(assumed property lines) Location of septic tanks 2. Fire-resistant construction(if required) 3.Fire 4-3. Smoke detector locations 54. Egress Egress window size and location stairs construction requirements 6�. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials, connector tables,and structural calculations(if required) Termite protection Design loads Wind requirements 40 Page 749 of 919 Building envelope Structural calculations(if requested) Foundation Wall systems Floor systems Roof Systems 7. Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment,and flood damage-resistant materials 84.Accessibility requirements:show/identify accessible bath 9�.Impact resistant coverings or systems 108.Residential Energy Code submittal(including calculation and mandatory requirements) 118.Electrical: Electric service riser with wire sizes,conduit detail and grounding detail Complete load calculations,Panel schedules 128.Mechanical: Equipment and location,Duct systems 13-1.Plumbing: Plumbing riser 148.Gas: Gas piping Venting Combustion air Chimneys and vents Appliances Type of gas Fireplaces LP tank location 41 Page 750 of 919 Riser diagram/shutoffs latieRs 154.Swimming Pools Barrier requirements Spas Wading pools Manufactured buildings/housing- 1. Site requirements Setback/separation(assumed property lines) Location of septic tanks(if applicable) 2. Structural Wind zone Anchoring Blocking 3. Plumbing List potable water source and meter size(if applicable) 4. Mechanical Exhaust systems Clothes dryer exhaust Kitchen equipment exhaust 5. Electrical exterior disconnect location Exemptions. Plans examination by the Building Official shall not be required for the following work: 1. Replacing existing equipment such as mechanical units,water heaters,etc.; 2. Reroofs(as determined by leGal j ,V; GtieR Building official); 3. Minor electrical,plumbing and mechanical repairs; 4. Annual maintenance permits; 5. Prototype plans: Except for local site adaptions, siding, foundations and/or modifications. Except for structures that require waiver;or 6. Manufactured buildings plan except for foundations and modifications of buildings on site and as listed above in manufactured buildings/housing. 42 Page 751 of 919 107.4 Amended construction documents. Work shall be installed in accordance with the Approved Construction Documents,and any changes made during construction that are not in compliance with the Approved Construction Documents shall be resubmitted for approval as an amended set of Construction Documents. 107.5 Retention of construction documents. One set of Approved Construction Documents shall be retained by the Building Official for a period of not less than 180 days from date of completion of the permitted work,or as required by state or local laws. 107.6 Affidavits.The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes.For buildings and structures,the affidavit shall state that the plans conform to the laws as to egress,type of construction and general arrangement and,if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength,stresses,strains,loads and stability.The Building Official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the Building Official copies of inspection reports as inspections are performed and upon completion of the structure,electrical,gas,mechanical or plumbing systems a certification that the structure,electrical,gas,mechanical or plumbing system has been erected in accordance with the requirements of the technical codes.Where the Building Official relies upon such affidavit,the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances.The Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468,Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the Building Official (See also Section 105.14).On applications in which private provider services are utilized, all time frames shall adhere to time frames as indicated in Florida Statutes 553.791 7(a). 107.6.1 Building permits issued on the basis of an affidavit in special flood hazard areas. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Parts 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Sections 105.14 and 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General.The Building Official is authorized to issue a Permitfor temporary structures and temporary uses. Such Permits shall be limited as to time of service, but shall not be permitted for more than 180 days.The Building Official is authorized to grant extensions for demonstrated cause. 43 Page 752 of 919 108.2 Conformance.Temporary structures and uses shall comply with the requirements in Section 3103. 108.3 Temporary power.The Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued.The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting,heat or power in NFPA 70. 108.4 Termination of approval. The Building Official is authorized to terminate such Permit for a temporary structure or use and to order the temporary structure to be removed wand the use to be discontinued. SECTION 109 FEES 109.1 Payment of fees.A Permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a Permit be released until the additional fee,if any,has been paid. 109.1.1 Other fees.A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees,water and sewer capital facility fees, City Park&Recreation fees,Fire Division fees,City Green Building Fee,Palm Beach County Impact fees and State of Florida fees.Water and sewer facility fees are established in Chapter 26 of the City of Boynton Beach Code of Ordinances.The Fire Division fees are established in Chapter 9 of the City of Boynton Beach Code of Ordinances.The City Green Building fee is established in the City of Boynton Beach Code Land Development Regulations Chapter 2,Article 1,Section 5.The city may elect to collect Palm Beach County Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF). When applicable, the administrative portion of the Art in Public Places fee(30%of the total Art fee)is due prior to permit issuance. ® Formatted:Indent:Left: 0.5",Space After: 8 pt,Line spacing: Multiple 1.08 li,Adjust space between Latin and 109.2 Schedule of permit fees.On buildings,structures,electrical,gas,mechanical,and plumbing systems Asian text,Adjust space between Asian text and numbers or Alterations requiring a Permit,a fee for each Permit shall be paid as required,in accordance with the schedule as established by the applicable governing authority. 109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following: • Permits; • Plans examination; 44 Page 753 of 919 • Certificates of competency(including fees for applications, examinations, renewal, late renewal, and reciprocity); • Re-inspections; • Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board); • Variance requests; • Administrative appeals; • Violations;and • Other fees as established by local resolution or ordinance. 109.3 Building permit valuations. For permitting purposes,tThe applicant for a Permit shall provide an estimated Permit value at time of application. Permit valuations shall include total value of work or total replacement value of work, including materials and labor for which the permit is being issued, such as structural,electric,plumbing,mechanical,interior finish,relative site work,architectural and design fees, overhead and profit; excluding only land value. in^'...4— ^ ^ '^' ^^^ "Q�.°."'^" '"^ °^r^ is , If,in the opinion of the Building Official,the valuation is underestimated on the application, the Permit shall be denied,unless the applicant can show detailed estimates to meet the approval.Valuation references may include the latest published data of national construction cost analysis services, such as, Marshall-Swift, Means, etc., as published by International Code Congress.ef the Q„ 4499 ^f{ ^r. Final building Permit valuation shall be set by the Building Official. <---------- Formatted:Space After: 0 pt,Line spacing: single,Don't 109.3.1 Exemptions. adjust space between Latin and Asian text,Don't adjust space p between Asian text and numbers Manufacturing Equipment: For the purposes of calculating permit fees the cost of equipment used in the process of manufacturing a product shall be exempt from paying permit fees for any portion of the cost greater than$10,000 dollars if the following criteria are met: 1. Equipment must have a replacement cost and/or purchase cost greater than $10,000 dollars per each piece of equipment to be exempted. 2. Equipment must be purchased directly by the owner. 3. Equipment cannot not be an integral part of the building, building envelope, building system,and/or essential to the operation of the building. 4. The nature of equipment shall be that if a business was to cease to exist or relocate the equipment would be easily removed from the building. Note: 45 Page 754 of 919 All, electric, piping, mounting, structural connections, attachment of auxiliary equipment necessary to operate the manufacturing equipment will be included in permit valuation and subject to permit fees. <----- Formatted:Indent:Left: 0.5",Space After: 8 pt,Line spacing: Multiple 1.08 li,Adjust space between Latin and 109.4 Work commencing before permit issuance.Any person who commences any work on a building, Asian text,Adjust space between Asian text and numbers structure, electrical, gas, mechanical or plumbing system before obtaining the necessary Permits or without prior approval from the Building Official as permitted in Section 105.2.2 or 105.12 shall be subject to a fee established by the Building Official that shall be in addition to the required Permit fees or as provided by local ordinance.This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be applied for within one(1)business day and any unreasonable delay in obtaining those permit(s)shall result in the charge of a quadruple fee. The payment of a quadruple fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The Building Official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing to two times the fee. 109.5 Related fees.The payment of the fee for the construction,Alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building Permit shall not relieve the applicant or holder of the Permit from the payment of other fees that are prescribed by law. 109.6 Refunds.All permit fees under this section are non-refundable and non-transferable. ® Formatted:Space After: 8 pt,Line spacing: Multiple 1.08 li, Adjust space between Latin and Asian text,Adjust space SECTION 110 between Asian text and numbers INSPECTIONS 110.1 General. Construction or work for which a Permit is required shall be subject to inspection by the Building Official and such construction or work shall remain exposed^GG� and provided with access for inspection purposes until Approved.Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the Owner or the owner's authorized agent to cause the work to remain exposed ee@& k and provided with access for inspection purposes.The Building Official shall be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. Neither the Building Official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. CA 7697 110.1.1 Manufacturers and fabricators.When deemed necessary by the Building Official,he/she shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or 46 Page 755 of 919 fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 110.1.2 Inspection service. The Building Official may make, or cause to be made, the inspections required by Section 110. He or she may accept reports of division inspectors,independent inspectors or of recognized inspection services, provided that after investigation he/she is satisfied as to their licensure,qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the Building Official. The Building Official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468 Florida Statues. The Building Official may require the owner to employ an inspection service in the following instances: 1. For buildings or additions of Type I construction; 2. For all major structural alterations; 3. Where the concrete design is based on compressive strength in excess of 3000 pounds per square inch; 4. For pile driving; 5. For buildings with an area greater than 20,000 square feet; 6. For buildings more than two stories in height;or 7. For buildings and structures of unusual design or methods of construction. Such inspectors shall be present when work is underway on the structural elements_of the building to adequately attest to its compliance.Such inspectors shall be a_registered architect,or engineer.An employee of the architect or engineer licensed under Chapter 468,Part XII,Florida Statutes may perform the inspections,under the_direction of and with final certification from the architect or engineer. Such inspectors_shall submit weekly progress reports including the daily inspections to the Building Official,and including a code compliance opinion of the resident inspector. At the completion of the construction work or project,the architect or engineer shall submit a certificate of compliance to the Building Official,stating that the work was done in compliance with this code and in accordance with the permitted drawing._Final inspection shall be made by the Building Official before a Certificate of Occupancy or Certificate of Completion is issued;and confirmation inspections maybe made at any time to monitor activities and resident inspectors. 110.1.3 Affidavit for inspection. With specific prior approval of, and in a format_acceptable to the Building Official,an affidavit for certification of inspection may be_accepted from the permit qualifier; 47 Page 756 of 919 when accompanied by extensive photographic_evidence of sufficient detail to demonstrate code compliance.The photographic evidence shall be comprehensive in the display of the installation and/or construction—and job location identifiers. The affidavit and accompanying photographs shall be provided to the inspector onsite,at the next scheduled inspection.If the photographs are found to be insufficient by the Building Official to demonstrate compliance with this_code and/or the permitted document, or clearly display location identifiers, or are_missing, the inspector shall require the contractor to obtain the services of a Registered Florida Professional Engineer to inspect and certify the installation and/or_construction. 110.1.3.1 Exception: Affidavits may not be accepted for inspection of_elements of construction which require inspection by the local jurisdiction_under the requirements of 44CFR59 and_44CFR60 and the local flood damage prevention ordinance. 110.1.4 No inspection shall be made until sanitary facilities have been provided, as required in Formatted:Indent:Left: 0.4" Section 311.1 of the Florida Building Code, Plumbing. 110.2 Preliminary inspection.Subject to the limitations of Florida Statutes Chapter 553.79(20), b44efore issuing a Permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.2.1 Existing building inspections. Before issuing a permit,the Building Official may examine or cause to be examined any building,electrical,gas, mechanical,or plumbing systems for which an application has been received for a permit to enlarge,alter,repair,move,demolish,install,or change the occupancy. The Building Official may inspect the buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, before, during and upon completion of the work for which a permit was issued. The Building Official shall make a record of every such examination and inspection and of all observed violations of the technical codes. Additional regulations in Florida Building Code,Existing Building Volume,may apply. 110.3 Required inspections. The Building Official upon notification from the permit holder or his or her agent shall make the following inspections, and such other inspections as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes.The Building Official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. A complete survey, or special purpose survey may be required before an inspection is approved. A.Building 1. Foundation inspection.To be made after trenches are excavated,forms erected,and required reinforcing steel is in place.The Foundation inspection shall at a minimum include the following building components: 48 Page 757 of 919 • Stem-wall • Monolithic slab-on-grade • Piling and pile caps • Footings/grade beams 1.1.Slab Inspection: Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment,conduit,piping accessories and other ancillary equipment items are in place,but before any concrete is placed or floor sheathing installed,including the subfloor.A foundation/Form board survey prepared and certified by a registered surveyor may be required,prior to approval of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for review by the building inspector. In lieu of providing a survey, the contractor may elect to uncover all property line markers and string-up all property lines in preparation for inspection. At contractors own risk. 1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction,the elevation certification shall be submitted to the Authority having Jurisdiction.Any locations Outside of the flood hazard area the contractor shall meet the minimum requirements for Habitable Finish Floor above the crown of the road per Chapter 4,Article X,Flood Prevention Requirements of the LDR. 2. Construction Inspections 2.1 Lintel/tie beams/columns/masonry units. To be made after masonry units, forms,reinforcing steel,shoring,conduit,piping accessories,and other ancillary equipment items are in place,but before any concrete is placed. 2.2 Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: • Roof sheathing • Wall sheathing • Floor sheathing • Sheathing fasteners • Roof/wall dry-in. • Gypsum board,as required • Sheathing/cladding inspection NOTE:Sheathing fasteners installed and found to be missing the structural member(shiners)shall be removed and corrected prior to installation of the dry-in material. 49 Page 758 of 919 Exception:ring shank nails shall be bent over and a new fastener installed. 2_3 Framing inspection. To be made after the roof deck or sheathing, all framing, fire blocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: • Window/door framing and installation. Verify rough opening dimensions are within tolerances,buck and attachments. • Lintel/tie beams complete, if applicable. • Framing/trusses/bracing/connectors(including truss layout drawings) • Draft stopping/fire blocking • Curtain wall framing • Fire resistant assemblies,joints and penetrations, as required • Accessibility. 3. Exterior wall coverings. Shall at a minimum include the following building components in progress inspections: ® Exterior wall coverings and veneers Formatted:Indent:First line: 0.25' ® Soffit coverings 4 Roofing inspection.Shall at a minimum include the following building components: • Dry-in • Insulation • Roof coverings(including in-progress) • Flashing • Sheathing 4.1. Re-Roof sheathing inspection. An affidavit with a notarized signature of a state or locally licensed roofing contractor for the installation of additional sheathing fasteners as required by the Existing Building Code may be accepted at the discretion of the Building Official. 54. Energy insulation,thermal and ignition barriers 64. Lath/Drywall. Lath and gypsum board inspections shall be made after lathing and gypsum board,interior and exterior,is in place,but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception:Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly,unless otherwise determined by the Building Official. 50 Page 759 of 919 74. Final inspection.To be made after the building,including all sub-trade inspections,are completed and ready for occupancy. 77®1 .Elevation Certificate. As part of the final inspection,an elevation certificate shall be submitted to the authority having jurisdiction. 77®2 .A final survey prepared and certified by a registered surveyor may be required at time of final inspection,when applicable. ;�8. Swimming pool inspection. • First inspection to be made after excavation and installation of reinforcing steel,bonding and main drain and prior to placing of concrete shell. • Underground electric inspection • Underground piping inspection,including a pressure test • Deck inspection:to be made prior to installation of the deck material(with forms,deck drains,and any reinforcement in placed. • Final electric inspection to be made prior to filling the swimming pool with water. • Final permanent barrier inspection to be made prior to filling the swimming pool with water. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. • Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. 99.Demolition inspections. • First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition operations. • Final inspection to be made after all demolition work is completed. 108.®Manufactured building inspections. The division of building safety shall inspect construction of foundations;connecting buildings to foundations;installation of parts identified on plans as site installed items,joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any otherwork done on site which requires compliance with the Florida Building Code.Additional inspections may be required for public educational facilities(see Section 423.27.20 of this code). 118. Where impact-resistant coverings or impact resistant systems are installed, the Building Official shall schedule adequate inspections of impact-resistant coverings or impact resistant systems to determine the following: • The system indicated on the plans was installed. 51 Page 760 of 919 • The system is installed in accordance with the manufacturer's installation instructions and the product approval. Electrical 1. Underground inspection.To be made after trenches or ditches are excavated,conduit or cable installed,and before any backfill is put in place. 2. Rough-in inspection.To be made after the roof,framing,fire blocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3.Low Voltage:To be made for security,alarm,elevator,and special uses. 4.Final inspection.To be made after the building electrical system is complete,all required electrical fixtures are in place and properly connected or protected,and the structure is ready for occupancy. 5. Existing Swimming Pools.To be made after all repairs or alterations are complete, all required electrical equipment,GFCI protection,and equipotential bonding are in place on said alterations or repairs. Plumbing 1. Underground inspection.To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough-in inspection.To be made after the roof,framing,fire blocking and bracing is in place and all soil,waste and vent piping is complete,and prior to this installation of wall or ceiling membranes. -includes plumbing provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building plumbing system is complete, all plumbing fixtures are in place and properly connected,and the structure is ready for occupancy. Note:See Section 312 of the Florida Building Code,Plumbing for required tests. Mechanical 1. Underground inspection.To be made after trenches or ditches are excavated,underground duct and fuel piping installed,and before any backfill is put in place. 2. Rough-in inspection.To be made after the roof,framing,fire blocking and bracing are in place and all ducting,and other concealed components are complete,and prior to the installation of wall or ceiling membranes. 52 Page 761 of 919 -includes mechanical provisions of the energy code and approved calculations provisions. 3. Final inspection.To be made after the building mechanical system is complete,the mechanical system is in place and properly connected,and the structure is ready for occupancy. Gas 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed,and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. -includes gas provisions of the energy code and approved calculations provisions. 2. Final piping inspection.To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection.To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes,to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. Site Debris 1.The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles during the course of the construction project and prior to receiving final inspection approval. Construction job sites must be kept clean and in a safe condition at all times. 2.All debris shall be kept in such a manner as to prevent it from being spread by any means. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations,any required forms shall be in place prior to inspection.Materials for the foundation shall be on the job,except where concrete is ready mixed in accordance with ASTM C 94,the concrete need not be on the job. 110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment,conduit,piping accessories and other ancillary equipment items are in place,but before any concrete is placed or floor sheathing installed,including the subfloor. 53 Page 762 of 919 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement,and prior to further vertical construction,the elevation certification shall be submitted to the Building Official. 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, Fire Blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical,plumbing,heating wires,pipes and ducts are Approved. 110.3.5 Lath,gypsum board and gypsum panel product inspection. Lath,gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished. Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly. 110.3.6 Weather-exposed balcony and walking surface waterproofing. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain,snow or irrigation,and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture-barrier system shall not be concealed until inspected and approved. 110.3.7b Fire-and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance rated assemblies,Smoke Barriers and smoke partition shall not be concealed from view until inspected and Approved. 110.3.8.7 Energy efficiency inspections.Inspections shall be made to determine compliance with Fbc, Energy Conservation and-confirm with the approved energy code submittal(by appropriate trade)and corresponding mandatory requirements and shall include, but not be limited to, inspections for: corresponding envelope insulation R- and U-values, fenestration U-value and Solar Heat Gain Coefficient,duct system R-value,and HVAC,lighting,electrical and water-heating equipment efficiency. 110.3.99 Other inspections.In addition to the inspections specified in Sections 110.3 through 110.3.7, the Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the division of building safety. 110.3.100 Special inspections.Reserved. 110.3.118 Inspections prior to issuance of Certificate of Occupancy or Completion. The Building Official shall inspect or cause to be inspected,at various intervals,all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion,prior to the issuance of the Certificate of Occupancy or Certificate of Completion.In performing inspections,the Building Official or designee shall give first 54 Page 763 of 919 priority to inspections of the construction,addition,or renovation to,any facilities owned or controlled by a state university,state community college or public school district. 110.3.12.1 Final inspection.The final inspection shall be made after all work required by the building Permit(S)is completed. 110.3.128.1 Flood hazard documentation. If located in a Flood Hazard Area,shall be submitted to the Building Official prior to the final inspection. 110.3.128.2 Energy Code documentation.If required by energy code path submittal,confirmation that commissioning result requirements have been received by building owner. 110.3.131 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.7,Section 2304.13 or Section 2304.11.6,specifically required to be inspected for termites in accordance with Section 2114,or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the Building Official has been received. 110.3.1_ Impact resistant coverings or systems. Where impact resistant coverings or systems are installed to meet requirements of this code,the Building Official shall schedule adequate inspections of impact resistant coverings or systems to determine the following: 1.The system indicated on the plans was installed. 2.The system is installed in accordance with the manufacturer's installation instructions and the product approval. 110.4 Inspection agencies. The Building Official is authorized to accept reports of Approved inspection agencies,provided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests.It shall be the duty of the holder of the building Permit or their duly authorized agent to notify the Building Official when work is ready for inspection. It shall be the duty of the Permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required.Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official.The Building Official,upon notification,shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed,or notify the Permit holder or his or her agent wherein the same fails to comply with this code.Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official. 110.7 Shoring. For threshold buildings,shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer,prior to any required mandatory inspections by the threshold building inspector. 55 Page 764 of 919 110.8 Threshold building. 110.8.1 During new construction or during repair or restoration projects in which the structural system or structural loading of a building is being modified,the enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record.The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building.The purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the Building Official,the architect,or the engineer of record.The contractor's contractual or statutory obligations are not relieved by any action of the special inspector.119.9.1 The „^Fere;-------, 110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building,which does not meet the minimum size,height,occupancy,occupancy classification,or number-of-stories criteria which would result in classification as a threshold building under Section 553.71(7),Florida Statutes,may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code. 110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector,but the special inspector shall be responsible to the enforcement agency.The inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481,Florida Statutes,as an architect. 110.8.4 Each enforcement agency shall require that,on every threshold building: 110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: "To the best of my knowledge and belief,the above described construction of all structural load-bearing components complies with the permitted documents,and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement agency." 56 Page 765 of 919 110.8.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's recorded set of permit documents. 110.8.4.3 All shoring and reshoring procedures,plans and details be submitted to the enforcement agency for recordkeeping.Each shoring and reshoring installation shall be supervised,inspected and certified to be in compliance with the shoring documents by the contractor. 110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that,to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire-safety standards as determined by the local authority in accordance with this Section and Chapter 633,Florida Statutes. 110.8.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building contractor,as defined in Section 489.105(3)(b),Florida Statutes,within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision,direction,management and control of the construction activities on the project for which the building permit was issued. 110.8.6 The division of building safety may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the division of building safety.The Building Official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5),Florida Statutes,are in addition to the minimum inspections required by this code. 110.9 Impact of construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property,unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable to the applicable property owner.This includes,but is not limited to,the control of dust, noise, water or drainage run-offs, debris, and the storage of construction materials. New construction activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties, and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites.Accordingly,developers, contractors and owners of all new residential development,including additions, pools, patios,driveways,decks or similar items,on existing properties resulting in a significant decrease of permeable land area on any parcel or has altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon completion of the 57 Page 766 of 919 improvement, a certification from a licensed professional, as appropriate under Florida law, shall be submitted to the inspector in order to receive approval of the final inspection. 110.10 Storm Shutter Placement during Hurricane Season. 110.10.1 After the termination of such periods of time that had been designated by the National Weather Service as being a hurricane watch or warning,hurricane protective devices installed on occupied buildings which impede required egress or required light and ventilation shall be removed within 15 days. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the Building Official has issued a certificate of occupancy therefore as provided herein.Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from Permits under Section 105.2. 111.2 Certificate issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the division of building safety, the Building Official shall issue a certificate of occupancy that contains the following: 1.The building Permit number. 2.The address of the structure. 3.The name and address of the Owner or the owner's authorized agent. 4.A description of that portion of the structure for which the certificate is issued. 5.A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. For buildings and structures in flood hazard areas, a statement that documentation of the as-built lowest floor elevation has been provided and is retained in the records of the authority having jurisdiction 7.The name of the Building Official. 58 Page 767 of 919 8.The edition of the code under which the Permit was issued. 9.The use and occupancy,in accordance with the provisions of Chapter 3. 10.The type of construction as defined in Chapter 6. 11.The design Occupant Load. 12.If an Automatic Sprinkler System is provided,whether the sprinkler system is required. 13.Any special stipulations and conditions of the building Permit. 111.3 Temporary/partial occupancy. The Building Official is authorized to issue a temporary/partial certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Building Official shall set a time period of 30 days during which the temporary certificate of occupancy is valid.-° 0 estimated value 8-'C+I--- eenstraetien Feast be seebreaprier to tl-is�redisien bei gappiiea. 111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 111.5 Certificate of Completion.A Certificate of Completion is proofthat a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This 59 Page 768 of 919 certificate does not grant authority to occupy a building,such as shell building,prior to the issuance of a Certificate of Occupancy. 111.6 Fixturing and Stocking. The Building Official is authorized to issue approval for fixturing,stocking, training, or decorating,when appropriate,to allow the builder to prepare the structure for permanent occupancy. The building may not be open to the general public or be used for the transaction of any commerce. Such approval must be conditioned upon the approval of the Fire Marshal,when applicable. 111.7 Digital Submittal Requirements for New Construction. 111.7.1 Building Footprints.The Building Official is authorized to require the submittal of digital shape(C-A�F3PDF)files,in a specific format,depicting a geo-referenced footprint with elevation for all new structures as a condition of the issuance of a Certificate of Occupancy. 111.7.2 Subdivision Topography. The Building Official is authorized to require the submittal of electronic topographical data for all new subdivisions over five acres or five lots for the purposes of updating and maintaining the community's flood maps. SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility,source of energy, fuel or power to any building or system that is regulated by this code for which a Permit is required,until released by the Building Official. 112.2 Temporary connection.The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy,fuel or power. 112.3 Authority to disconnect service utilities.The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Section 112.1 or 112.2.The Building Official shall notify the serving utility,and wherever possible the owner and occupant of the building,structure or service system of the decision to disconnect prior to taking such action.If not notified prior to disconnecting,the owner or occupant of the building,structure or service system shall be notified in writing,as soon as practical thereafter. SECTION 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 60 Page 769 of 919 113.1 Appointment.There is hereby established a board to be called the Building Board of Adjustment and Appeals,which shall consist of seven members and two alternates.The applicable governing body shall appoint the Board. 113.2 Membership and Terms. 113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge and experience in the technical codes to include,to the greatest extent possible, an architect,engineer,general contractor,electrical contractor,HVAC contractor,plumbing contractor,and any other contractor licensed category. In addition to the regular members,there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he or she has a personal or financial interest. ® Formatted:Indent:Left: 0.5' 113.2.2.1 Terms.The terms of office of the board members shall be staggered so no more than one-third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. 113.2.2.2.Removal from office. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as a failure to attend three(3)consecutive meetings or a failure to attend more than one-half of the meetings scheduled during a calendar year. Participation for less than three-fourths of a meeting shall be the same as a failure to attend a meeting. Members removed pursuant to this provision shall not continue to serve on the board and such removal shall create a vacancy. 113.2.3 Quorum and voting.A simple majority of the board shall constitute a quorum.In varying any provision of this code,the affirmative votes of the majority present, but not less than three affirmative votes,shall be required. In modifying a decision of the Building Official,not less than four affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting,the alternate members,if appointed,shall vote. 113.2.4 Secretary of board.The Building Official or his/her authorized representative shall act as secretary of the board and shall make a record of all of its proceedings,which shall set forth the reasons for its decision,the vote of each member,the absence of a member,and any failure of a member to vote. 61 Page 770 of 919 ® Formatted:Indent:Left: 0.5 113.3 Powers.The Building Board of Adjustments and Appeals shall have the power,as further defined in 113.4 of this code,to hear appeals of decisions and interpretations of the Building Official and consider variances of the technical codes. 113.4 Appeals. 113.4.1 Decision of the Building Official.The owner of a building,structure or service system,or duly authorized agent, may appeal a decision of the Building Official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: :—The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 1. <----- Formatted:Indent:Left: 0.75',Space After: 0 pt,Line 2. The provisions of this code do not apply to this specific case. spacing: single 3. That an equally good or more desirable form of installation can be employed in any specific case,which the Building Official has rejected or refused. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 113.4.2 Variances.The Building Board of Adjustments and Appeals,when upon written request, has been so appealed to and after a hearing,may vary the application of any provision of this code to any particular case when, in its opinion,the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 1.That special conditions and circumstances exist which are peculiar to the building,structure or service system involved and which are not applicable to others. 62 Page 771 of 919 2.That the special conditions and circumstances do not result from the action or inaction of the applicant. 3.That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings,structures or service system. <----- Formatted:Indent:Left: 0" 4.That the variance granted is the minimum variance that will make possible the reasonable use of the building,structure or service system. 5.That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health,safety and general welfare. ® Formatted:Indent:Left: 0.5 113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both.In addition,the board may prescribe appropriate conditions and safeguards in conformity with this code.Violation of the conditions of a variance shall be deemed a violation of this code. ® Formatted:Indent:Left: 0.75' 113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the Building Official renders the decision.Appeals shall be in a form acceptable to the Building Official. 113.4.4 Unsafe or dangerous buildings or service systems. In the case of a building,structure or service system,which in the opinion of the Building Official, is unsafe, unsanitary or dangerous, the Building Official may,in the order,limit the time for such appeals to a shorter period. 113.5 Procedures of the board. 113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code.The board shall meet on call of the 63 Page 772 of 919 chairman,subsequent to a request to call a meeting by the secretary.The board shall meet within 30 calendar days after notice of appeal has been received. 113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings.Upon determination by the chairman, irrelevant,immaterial,or unduly repetitious evidence may be excluded,but all other evidence of a type commonly relied upon by reasonable,prudent persons in the conduct of their affairs shall be admissible,whether or not such evidence would be admissible in a trial in the courts of Florida.Any part of the evidence may be received in written form.The Board may request certain evidence from the petitioner to be provided by an architect or engineer registered in the State of Florida,in which case,said evidence shall be signed,sealed,and dated. 113.5.1.2 Testimony.Any member of the Board or the attorney representing the Board may inquire of,or question,any witness before the Board.Any member of the Board,the petitioner or his/her attorney, and/or the Building Official shall be permitted to inquire of any witness before the Board.The Board may consider testimony presented by the Building Official,the petitioner,or any other witness. ® Formatted:Indent:Left: 0.75' 113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the Building Official or varies the application of any provision of this code, the Building Official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the Building Official and shall be open to public inspection.A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Building Official for two weeks after filing. Every decision of the board shall be final;subject however to such remedy as any aggrieved party might have at law or in equity. 113.6 Local Construction Regulation Board.The local government may also utilize this Board to convene as the Local Construction Regulation Board(LCRB),as provided in Florida Statute 489.113. The LCRB may deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions,if the LCRB has found such contractor,through public hearing, to be guilty of fraud or a willful building code violation within the county or municipality that the LCRB represents. The LCRB may also, deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions,if it has proof through the public hearing process,that a contractor has been found guilty in another 64 Page 773 of 919 county or municipality within the past 12 months,of fraud or a willful building code violation and after providing notice of an opportunity to be heard to the contractor, finds that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the LCRB represents.Notification of and information concerning such permit denial shall be submitted to the division within 15 days after the LCRB decides to deny the permit. 65 Page 774 of 919 i SECTION 114 VIOLATIONS 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend,repair,move,remove,demolish or occupy any building,structure or equipment regulated by this code,or cause same to be done,in conflict with or in violation of any of the provisions of this code. 114.2 Notice of violation.The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, Alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code,or in violation of a Permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the Building Official is authorized to request the legal counsel of thejurisdiction to institute the appropriate proceeding at law or in equity to restrain,correct or abate such violation,or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 114.4 Violation penalties.Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects,constructs,alters or repairs a building or structure in violation of the Approved Construction Documents or directive of the Building Official, or of a Permit or certificate issued under the provisions of this code,shall be subject to penalties as prescribed by law. 114.5 Enforcement.Nothing in this section shall prevent the authority having jurisdiction from imposing fines, liens,or seek injunctive relief,or exercising other enforcement powers as permitted by law. Code enforcement and penalties of Chapter 162 Florida Statutes Part I shall be authorized if building work begins without payment of all required fees, and for the purposes of enforcing this code, code officials licensed under Florida Statute 468 Part XII are deemed "Code Inspectors," as defined in Florida Statute 162.04. SECTION 115 STOP WORK ORDER 115.1 Authority.Whenever the Building Official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe,the Building Official is authorized to issue a stop work order. 66 Page 775 of 919 115.2 Issuance.The stop work order shall be in writing and shall be given to the Owner of the property involved,the owner's authorized agent or the person performing the work.Upon issuance of a stop work order,the cited work shall immediately cease.The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping the work. 115.3 Unlawful continuance.Any person who shall continue any work after having been served with a stop work order,except such work as that person is directed to perform to remove a violation or unsafe condition,shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard,or are otherwise dangerous to human life,or which in relation to existing use,constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the Building Official to be abated by the owner,through repair and rehabilitation or by demolition in accordance with this Code. The extent of repairs shall be determined by the Building Official.When the Building Official determines that an unsafe building, structure, or service system cannot be reasonably repaired in accordance with this or the technical codes,it shall be demolished in accordance with this section. Formatted:Indent:Left: 0" 116.1.1 When the Building Official determines a building,structure,electrical,gas,mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall Provide the owner, agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system A written notice Of Violation stating the defects thereof.This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. ® Formatted:Indent:Left: 0.5' 116.1.1.1 In addition to the written notice being sent by certified mail, return receipt requested to the record owner(s) of the real property upon which the unsafe building, structure, system is located, the Building Official shall post a copy of the notice in a conspicuous place in City Hall,upon the building,structure or system,and a copy shall be recorded in the public records of Palm Beach County. 67 Page 776 of 919 116.1.1.2 In addition,a copy oft he notice,as outlined in this sub-section,shall be published simultaneously for two consecutive weekends in a newspaper of local circulation. Such notice shall be substantially in the following form: NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT (Insert Date of Notice) The owner or other interested parties for the structure located at (address), are hereby notified that the City of Boynton Beach,Florida will proceed to have the building,structure or system repaired,demolished or removed(insert stipulated time)after the date of this Notice, if said building, structure or system is not substantially repaired, demolished or removed by that date. All costs incurred by the City in connection with the repair, demolition or removal will be assessed against the property. If, as a result of this Notice, the building, structure or system is substantially repaired, demolished,or removed by the owner,notice is hereby given that work to abate the unsafe condition requires building permits and inspections for code compliance, and all related fees are required to be paid prior to performing the work or receiving certification of code compliance. To request an extension of time, the owner should contact (Contact Person and Phone Number)within ten(10)days of the date of this Notice.Said request for extension must be made in writing to the Building Official. An affected owner or duly authorized agent has the right to appeal this action to the Building Board of Adjustment and Appeals. An application of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized agent,at the City of Boynton Beach Building Division Office,within(insert stipulated time)of the date of this Notice.The fee to cover hearing costs shall be established by ordinance. 116.1.1.3 Evidence that an attempt has been made to hand deliver or mail the Notice,as provided herein,together with a copy of the recorded "Notice of Intent to Demolish or 68 Page 777 of 919 Substantially Repair and Inspect"at the Clerk of the Court Office,and proof of publication, shall be sufficient to show that the notice requirements of this Section have been met, without regard to whether or not the owner actually received said notice. 116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or reconnected until the specified repairs and improvements are completed, inspected and approved by the Building Official.The Building Official shall post at each entrance to the building a placard stating:THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL.This placard shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person,firm or corporation or its officers, agents, or other servants, to remove the posting without written permission of the Building Official,or for any person to enter the building,or use the building or system(s)except for the purpose of making the required repairs or of demolishing same. Formatted:Indent:Left: 0.5' 116.1.3 In case the owner,agent,or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate,or to demolish,and remove said building, structure,electrical,gas, mechanical or plumbing system or portion thereof,the Building Official,after having ascertained the cost may take action to cause such building,structure,electrical,gas,mechanical or plumbing system or portion thereof,to be demolished,secured, repaired, or required to remain vacant or unused. Taking such action does not create a continuing obligation on the part of the Building Official to continue with maintaining such building,structure,or system;or create liability for any damage to the property. 116.1.4 The decision of the Building Official shall be final in cases of emergency,which, in the opinion of the Building Official,involve imminent danger to human life or health,or the property of others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure or land on which it stands,or abutting land or structures,with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary,and for this purpose may close a public or private way. <----- Formatted:Indent:Left: 0.5' 116.2 Reserved. 69 Page 778 of 919 116.3 Administrative fines; costs to repair; liens. Costs incurred under 116.1.3 and 116.1.4 shall be charged to the owner of the premises involved. If charges are not paid within a ten (10) day period following mailing of the billing notification sent by certified mail, the owner of the premises will be charged in the following manner: 1. The Building Official shall assess the entire cost of such vacation, demolition, securing, or removal against the real property upon which such cost was incurred, which assessment shall include but not be limited to all administrative costs, postal expenses,and shall constitute a lien upon such property superior to all others except taxes. ® Formatted:Indent:Left: 0.5' 2.The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the nature of such lien,the amount thereof and an accurate legal description of the property,including the street address,which lien shall be effective from the date of filing and recite the names of all persons notified and interested persons.After three (3) months from the filing of any such lien which remains unpaid,the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed.Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency. ® Formatted:Indent:Left: 0.5' 116.4 Appeal.The owner,agent,or person in control of an unsafe structure or system shall have the right to appeal the decision of the Building Official, as provided hereinafter, and to appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they should not comply with said notice. SECTION 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas.Pursuant to Section 553.73(5), Florida Statutes, the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable,the provisions of R322 of the Florida Building Code,Residential.This section shall not apply to Section 3109 of the Florida Building Code,Building. SECTION 118 WIND LOADS (Section 1609,Florida Building Code) Formatted:Centered 70 Page 779 of 919 The basic wind speed in miles per hour,for development of wind loads,shall be determined from figure 1609, said Basic Wind Speed for Boynton Beach as depicted on map Figure 1609A, Figure 1609B, and Figure 1609C is hereby added to this code. SECTION 119 SEVERABILITY <---------- Formatted:Centered,Space After: 0 pt If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional,such decision shall not affect the validity of the remaining portions of this code. ® Formatted:Justified,Don't adjust space between Latin and Asian text,Don't adjust space between Asian text and numbers 71 Page 780 of 919 IIS 14 BOYNTON BEACH ADMINISTRATIVE AMENDMENTS to the FLORIDA BUILDING CODE 7th Edition (2020) ORDINANCE NO. EFFECTIVE December 31, 2020 BEGINNING WITH PERMIT NO. 21-0001 City of Boynton Beach Division of Development Building Division 100 East Ocean Avenue Boynton Beach, Florida 33435 (561) 742-6350 Office (561) 742-6357 Fax This document can be downlooded online—at no charge—by visiting the"Forms&Application s"sectio n of the Building division page on the City of Boynton Beach website at www.boynton-beoch.org 1 Page 781 of 919 PART I—SCOPE AND APPLICATION CHAPTER 1 ADMINISTRATION Table of Contents Section 101 GENERAL 3 Section 102 APPLICABILITY 5 Section 103 BUILDING DIVISION 10 Section 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 10 Section 105 PERMITS 13 Section 106 FLOOR AND ROOF LOADS 29 Section 107 CONSTRUCTION DOCUMENTS 29 Section 108 TEMPORARY STRUCTURES AND USES 43 Section 109 FEES 43 Section 110 INSPECTIONS 45 Section 111 CERTIFICATES OF OCCUPANCY AND COMPLETION 56 Section 112 SERVICE UTILITIES 58 Section 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 59 Section 114 VIOLATIONS 62 Section 115 STOP WORK ORDER 63 Section 116 UNSAFE STRUCTURES AND EQUIPMENT 63 Section 117 VARIANCES IN FLOOD HAZARD AREAS 66 Section 118 WIND LOADS 66 Section 119 SEVERABILITY 66 2 Page 782 of 919 SECTION 101 GENERAL 101.1 Title.These regulations shall be known as the Florida Building Code, hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall apply to the construction, Alteration, relocation, enlargement, replacement, Repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exception: 1. Detached one- and two-family Dwellings and multiple single-family Dwellings (Townhouses) not more than three Stories above Grade Plane in height with a separate Means Of Egress and their accessory structures not more than three stories above grade plane in height, shall comply with the Florida Building Code, Residential. 2. Code Requirements that address snow loads and earthquake protection are pervasive;they are left in place but shall not be utilized or enforced because Florida has no snow load or earthquake threat. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. Appendix "F," in the Florida Building Code, Plumbing Volume, has been adopted as part of this chapter. 101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, Means of Egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building, system or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. This jurisdiction 3 Page 783 of 919 shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. Further, no employee shall be liable in tort for damage from such conditions, in accordance with Section 768.28 Florida Statutes, as may be amended or replaced. 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.11 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Gas.The provisions of the Florida Building Code, Fuel Gas Shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical Shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air- conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.3 Plumbing.The provisions of the Florida Building Code, Plumbing shall apply to the installation, Alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 101.4.4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 101.4.5 Fire prevention. For provisions related to Florida Fire Prevention Code, refer to the Florida Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices;from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, Repair, Alteration or removal of fire suppression, Automatic Sprinkler Systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation Shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.4.7 Existing buildings. The provisions of the Florida Existing Building Code shall apply to matters governing the Repair,Alteration, change of occupancy,Addition to and relocation of existing buildings. 4 Page 784 of 919 101.4.8 Accessibility. For provisions related to accessibility, refer to the Florida Building Code, Accessibility. 101.4.9 Manufactured buildings. For additional administrative and special code requirements, see Section 458, Florida Building Code. Building, and Rule 61-41 Florida Administrative Code. 101.4.10 Electrical.The provisions of Chapter 27 of the Florida Building Code, Building Volume shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances,fixtures,fittings and appurtenances thereto. 101.4.11 Flood Damage Prevention. City of Boynton Beach Land Development Regulations (LDR) shall be considered part of the requirements of this code relative to flood control. Conflicting requirements between the Florida Building Code and Chapter 4, Article X, Flood Prevention Requirements of the LDR shall be resolved in favor of the requirement that offers the greatest degree of flood damage prevention or alternatives that would provide an equivalent degree of flood damage prevention and an equivalent method of construction. 101.5 Building Official. Whenever, the Building Official is mentioned in the code, it is also intended to mean the Building Official's designee, wherever applicable. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design,construction,erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the sitting of any publicly owned facility, including, but not limited to, correctional facilities,juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law. 102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or 5 Page 785 of 919 any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in the Florida Building Code, Existing Building. The following buildings, structures and facilities, except for those located in a Special Flood Hazard Area are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a) Building and structures specifically regulated and preempted by the federal government. (b) Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. (d) Temporary buildings or sheds used exclusively for construction purposes. (e) Mobile or modular structures used as temporary offices, except that the provisions of Part II (Section 553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities shall apply to such mobile or modular structures. Permits shall be required for structural support and tie down, electric supply and all other such utility connections to such mobile or modular structures as required by this jurisdiction. (f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity. (g)Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. (i) Family mausoleums not exceeding 250 square feet (23 mz) in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. 0) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (k)A building or structure having less than 1,000 square feet(93 mz)which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1, 2011, if the building or structure: 1. Is not rented or leased or used as a principal residence; 2. Is not located within the 100-year floodplain according to the Federal Emergency Management Agency's current Flood Insurance Rate Map; and 6 Page 786 of 919 3. Is not connected to an off-site electric power or water supply. (1) Service providers of water, sewer, storm, gas, cable, telephone, or other similar utility systems are exempt to the point of service connection for the building or structure. 102.2.1 In addition to the requirements of Section 553.79 and 553.80, Florida Statutes,facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, and the certification requirements of the federal government. 102.2.2 Residential buildings or structures moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided: 1. The building or structure is structurally sound and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational and safe for reconnection; and 6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the Florida Building Code, Building for all residential buildings or structures of the same occupancy class. 7.The requirements of Florida Building Code, Existing Building Volume, are also satisfied. 102.2.3 The Building Official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 102.2.5 Each enforcement district shall be governed by a board, the composition of which shall be determined by the affected localities. 7 Page 787 of 919 1. At its own option, each enforcement district or local enforcement agency may adopt rules granting to the owner of a single-family residence one or more exemptions from the Florida Building Code relating to: a.Addition, alteration,or repairs performed by the property owner upon his or her own property, provided any addition or alteration shall not exceed 1,000 square feet (93 m2) or the square footage of the primary structure, whichever is less. b. Addition, alteration, or repairs by a non-owner within a specific cost limitation set by rule, provided the total cost shall not exceed $5,000 within any 12-month period. c. Building and inspection fees. 2. However, the exemptions under subparagraph 1 do not apply to single-family residences that are located in mapped flood hazard areas, as defined in the code, unless the enforcement district or local enforcement agency has determined that the work, which is otherwise exempt, does not constitute a substantial improvement, including the repair of substantial damage, of such single-family residences. 3. Each code exemption, as defined in sub-subparagraphs 1a, 1b, and 1c shall be certified to the local board 10 days prior to implementation and shall only be effective in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it. 4. However, each enforcement district or local enforcement agency may establish an alternative permitting program for replacing nonstructural components of building systems in a residential dwelling unit. A licensed contractor performing such work for the resident shall also be exempt from individual permits and inspections if either the owner or the licensed contractor obtains a valid Annual Permit per Section 105.1.1 of this code and all such work is reported as required in Section 105.1.2 of this code for compliance evaluation. No added capacity, system expansion or new building work of any type shall be excluded from individual permit and inspection by this provision. 102.2.6 This section does not apply to swings and other playground equipment accessory to a one- or two-family dwelling. Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 8 Page 788 of 919 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the Florida Codes listed in Section101.4, the provisions of this code or the Florida Codes listed in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard. 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures.The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Florida Building Code, Existing Building, the Florida Fire Prevention Code, and_101.4. 4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the Florida Building Code or Florida Residential Code, as applicable, for new construction or with any current permit for such occupancy. 102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the Florida Fire Prevention Code, and 101.4. 4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV, or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public. 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufactured building does not constitute an alteration. (2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable. (3) A relocated building shall comply with the flood hazard area requirements of the new location, if applicable. 9 Page 789 of 919 102.8 Existing mechanical equipment. An agency or local government may not require that existing mechanical equipment located on or above the surface of a roof be installed in compliance with the requirements of the Florida Building Code except during reroofing when the equipment is being replaced or moved during reroofing and is not in compliance with the provisions of the Florida Building Code relating to roof-mounted mechanical units. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 DIVISION OF BUILDING SAFETY 103.1 Creation of enforcement agency. The Division of Building Safety is hereby created and the official in charge thereof shall be known as the Building Official Or Building Code Administrator. 103.2 Appointment. The Building Official shall be appointed by the chief appointing authority of the jurisdiction. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Building Official shall have the authority to appoint a deputy Building Official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Official. For the maintenance of existing properties, see 101.4.4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 103.4 Restrictions on employees. (Reserved). SECTION 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this code. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The Building Official shall receive applications, review Construction Documents and issue Permits for the erection, and Alteration, demolition and moving of buildings and structures,and service systems, inspect the premises forwhich such Permits have been issued and enforce compliance with the provisions of this code. 10 Page 790 of 919 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, Repair,Alteration, Addition or other improvement of existing buildings or structures located in Flood Hazard Areas, the Building Official shall determine if the proposed work constitutes substantial improvement or Repair of Substantial Damage. Where the Building Official determines that the proposed work constitutes Substantial Improvement or Repair of Substantial Damage, and where required by this code, the Building Official shall require the building to meet the requirements of Section 1612 and Section R322. 104.3 Notices and orders. The Building Official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The Building Official shall make all of the required inspections, or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification. The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. 104.6.2 When the Building Official obtains a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this code. 104.7 Division of_records.The Building Official shall keep official records of applications received, Permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records per FS 119. 104.8 Liability. The Building Official, member of the board of appeals or employee charged with the enforcement of this code,while acting forthe jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or 11 Page 791 of 919 criminally rendered liable persona Ilyand is hereby relieved from personal liabiIityfor any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee or board member because of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.8.1 Legal defense.Any suit or criminal complaint instituted against an officer or employee or board member of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings.The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices Approved by the Building Official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless Approved by the Building Official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the Building Official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the division of building safety. 104.10.1 Flood hazard areas. The Building Official shall coordinate with the floodplain administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 117. 104.11 Alternative materials, design and methods of construction and equipment.The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been Approved.An alternative material, design or method of construction shall be Approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, Fire Resistance, durability and 12 Page 792 of 919 safety. Where the alternative material, design or method of construction is not Approved, the Building Official shall respond in writing, stating the reasons why the alternative was not Approved. 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from Approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods,the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall approve the testing procedures. Tests shall be performed by an Approved Agency. Reports of such tests shall be retained by the Building Official for the period required for retention of public records. 104.12 Requirements not covered by code. Any requirements necessary for strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or other technical codes, shall be determined by the Building Official. SECTION 105 PERMITS 105.1 Required. Any contractor, owner or owner's authorized agent in accordance with Florida Statute Chapter 489 who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building, tenancy or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing, fire protection systems, accessible elements, flood resistant elements, site drainage elements, the installation of which is regulated by this code or Part III, Chapter 2, Article IV of the BBFL Code of Ordinance, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit(s). 105.1.1 Annual facility permit. In lieu of an individual Permit for each Alteration to an Existing electrical, gas, mechanical or plumbing or interior nonstructural office system(s), the Building Official is authorized to issue an annual Permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The Building Official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable.The permit application shall contain a general description of the parameters of work intended to be performed during the year. 13 Page 793 of 919 105.1.2 Annual Facility permit records. The person to whom an annual Permit is issued shall keep a detailed record of Alterations made under such annual Permit. The Building Official shall have access to such records at all times or such records shall be filed with the Building Official as designated. The Building Official is authorized to revoke such permit, if code violations are found to exist. 105.1.3 Food permit. In accordance with 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.1.4 Public swimming pool.The local enforcing agency may not issue a building permit to construct, develop, or modify a public swimming pool without proof of application, whether complete or incomplete, for an operating permit pursuant to Section 514.031, Florida Statutes. A certificate of completion or occupancy may not be issued until such operating permit is issued. The local enforcing agency shall conduct their review of the building permit application upon filing and in accordance with Chapter 553, Florida Statutes. The local enforcing agency may confer with the Department of Health, if necessary, but may not delay the building permit application review while awaiting comment from the Department of Health. 105.2 Work exempt from permit. Exemptions from Permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction, to include work in any special flood hazard area. Exemptions granted under this section do not relieve the owner or contractor from their duty to comply with applicable provisions of the Florida Building Code, and requirements of the Local Floodplain Management Ordinance. As Determined by The Building Official, Permits shall not be required for the following: Building: 1. Building permits are not required for replacement or repair work having a value of less than $1,000.00, providing, however, that such work will not adversely affect the structural integrity, fire rating, exit access or egress requirements. 2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work, with no electrical or plumbing work. 3. Temporary motion picture, television and theater sets and scenery. 4. Traditional swings and other standard playground equipment accessory to detached one- and two-family dwellings, but they may be subject to Zoning permits. 14 Page 794 of 919 5. Retractable awnings supported by an exterior wall and do not require additional support of Groups R-3 and U occupancies, but they may be subject to Zoning permits. 6. In the case of roofing repairs, a permit may not be required for work having a value of less than $500, unless such work effects the structural integrity of the roof. 7. The installation of one (1) accessory building (tool shed, etc.) per single family residence/lot, with the accessory building having a size less than or equal to 100 square feet. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of Approved portable electrical equipment to Approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas, except as exempted by Florida Statute Chapter 489.503(14). Temporary testing systems: A Permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 15 Page 795 of 919 7. Portable self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. 8. The installation, replacement, removal or metering of any electrical load management control device where installed by a utility service provider. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. The replacement of common household plumbing fixtures to existing supply lines and outlets in 1&2 Family Dwellings. This does not include water heaters, bathtubs, or showers. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the Permit application shall be submitted within the next working business day to the Building Official. Notification shall be given to the Building Official, including the work address, nature of emergency, and scope of work immediately, or by the next business day. 105.2.2. Minor repairs. Ordinary minor repairs may be made with the approval of the Building Official without a permit, provided the repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required Means Of Egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include Addition to, Alteration of, replacement or relocation of any standpipe,water supply,sewer,drainage, drain leader,gas, soil,waste,vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 105.2.3 Public service agencies. A Permit shall not be required for the installation,Alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. 105.3 Application for permit. To obtain a Permit, the applicant shall first file an application therefore in writing on a form furnished by the Division of Building Safety for that purpose. 16 Page 796 of 919 Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of Section 713.135(5) and (6), Florida Statutes. Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. Effective October 1, 2017, a local enforcement agency shall post each type of building permit application on its website. Completed applications must be able to be submitted electronically to the appropriate division of building safety. Accepted methods of electronic submission include, but are not limited to, e- mail submission of applications in portable document format or submission of applications through an electronic fill-in form available on the division of building safety's website or through a third-party submission management software. Payments, attachments, or drawings required as part of the permit application may be submitted in person in a non-electronic format, at the discretion of the Building Official. 105.3.1 Action on application.The Building Official shall examine or cause to be examined applications for Permits and amendments thereto within a reasonable time after filing. If the application or the Construction Documents do not conform to the requirements of pertinent laws, the Building Official shall reject such application in writing, stating the reasons therefore. If the Building Official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the Building Official shall issue a Permit therefore as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits, the Building Official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility. 105.3.1.1 If a state university, Florida college or public school district elects to use a local government's code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings, structures, and facilities of state universities, state colleges, and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. 105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair,or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $125,000. 2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. Personnel as authorized by chapter 633 17 Page 797 of 919 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Heating, ventilation, and air-conditioning documents for any new building or addition which requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or more persons or for which the system costs more than $125,000.This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one,two,three or four-family structure. An air-conditioning system may be designed by an installing air-conditioning contractor certified under Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of $125,000 or less; and when a 15-ton-per system or less is designed for a singular space of a building and each 15-ton system or less has an independent duct system. Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1:When a space has two 10-ton systems with each having an independent duct system, the contractor may design these two systems since each unit (system) is less than 15 tons. Example 2: Consider a small single-story office building which consists of six individual offices where each office has a single three-ton package air conditioning heat pump.The six heat pumps are connected to a single water cooling tower.The cost of the entire heating, ventilation and air- conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18-ton system. NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building. 4. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. 5. Electrical documents. (See Florida Statutes, Section 471.003(2)(h)). Any electrical or plumbing or air conditioning and refrigeration system meeting the following thresholds are required to be designed by a Florida Registered Engineer. Any system which: 1. Requires an electrical or plumbing or air-conditioning and refrigeration system with a value greater than $125,000; and 18 Page 798 of 919 2.a. Requires an aggregate service capacity of greater than 600 amperes (240 volts) on a residential electrical system or greater than 800 amperes (240 volts) on a commercial or industrial electrical system; b. Requires a plumbing system with more than 250 fixture units; or c. Requires a heating, ventilation, and air-conditioning system which exceeds a 15-ton- per-system capacity, or if the project is designed to accommodate more than 100 persons. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in Section 471.025, Florida Statutes. 6. All public swimming pools and public bathing places defined by and regulated under Chapter 514, Florida Statutes 105.3.2 Time limitation of application. An application for a Permit for any proposed work shall be deemed to have been abandoned becoming null and void 180 days after the date of filing, or for any 6 months (180 days) period of abandonment or suspension during the application process, unless such application has been pursued in good faith or a Permit has been issued; except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each.The extension shall be requested in writing prior to the abandonment date,with justifiable cause demonstrated. Abandoned applications shall be subject to destruction in accordance with state law. The fee for renewal, re-issuance, and extension of a permit application shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit application extensions and renewals. 105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, such as the requirement for Home or Property Owners Association approval, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies." 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefore unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes, Workers' Compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38, Florida Statutes. 19 Page 799 of 919 105.3.6 Asbestos removal contractor exemption. Refer to Section 105.9 for additional requirements. A licensed asbestos removal contractor is not required when moving, removal or disposal of asbestos- containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors.You have applied for a permit under an exemption to that law.The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete all buildings designed and approved prior to the effective date of a new code edition, provided a clear signed contract is in place. The contract shall provide specific data mirroring that required by an application for permit, specifically, without limitation, date of execution, building owner or dealer, and anticipated date of completion. However, the construction activity must commence within 6 months of the contract's execution. The contract is subject to verification by the Department of Business and Professional Regulation. 105.3.8 Public right of way. A permit shall not be issued by the Building Official for the construction, alteration, or relocation of any building, structure, or system impacting any street, alley or public lane, unless the applicant has received a right of way permit from the authority having jurisdiction over the right of way. 105.4 Conditions of the permit.The issuance or granting of a Permit shall not be construed to be a Permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of any other federal, state and local laws, ordinances, codes and regulations. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of any other federal, state and local laws, ordinances, codes and regulations shall not be valid.The issuance of a Permit based on Construction Documents and other data shall not prevent the Building Official from requiring the correction of errors in the Construction Documents and other data. The Building Official is also authorized to prevent 20 Page 800 of 919 occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction or of any other federal, state and local laws, ordinances, codes and regulations. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months (180 Days) after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months (180 Days) after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit, or revalidation (renewal) of the original permit, is not obtained within six months (180 days) from the date the initial permit became null and void, the Building Official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process, or due to action by an environmental or archeological agency having jurisdiction. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 3 months each. The extension shall be requested in writing and justifiable cause demonstrated, prior to expiration. 105.4.1.4 The fee for renewal, reissuance and extension of a permit shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit extensions and renewals. 105.5 Expiration. Every permit issued shall become inactive or expired pursuant to Section 105.4.1 of this code, and shall be renewed pursuant to Section 105.4.1.1 of this code before the work may resume. Permits that remain inactive or expired for more than six months (180 Days) shall lose all rights vested in the permit pursuant to Section 105.4.1.2 of this code. In order to complete the work authorized under a permit which has loss all vested rights,the permit holder and property owner shall be responsible to either remove the work from the site or obtain a new permit to complete all work in accordance with the current code requirements and approved permitted plans. Inspections performed and accepted prior to expiration may be accepted subject to the discretion of the Building Official. 21 Page 801 of 919 105.5.1 Additional options for closing a permit. Pursuant to Section 553.79(15), Florida Statutes, a property owner, regardless of whether the property owner is the one listed on the application for the building permit, may close a building permit by complying with the following requirements: 1.) The property owner may retain the original contractor listed on the permit or hire a different contractor appropriately licensed in this state to perform the work necessary to satisfy the conditions of the permit and to obtain any necessary inspection in order to close the permit. If a contractor other than the original contractor listed on the permit is hired by the property owner to close the permit, such contractor is not liable for any defects in the work performed by the original contractor and is only liable for the work that he or she performs. 2.) The property owner may assume the role of an owner-builder, in accordance with Sections 489.103(7) and 489.503(6), Florida Statutes. 3.) If a building permit is expired and its requirements have been substantially completed and no life safety issues exist as determined by the local enforcement agency, the permit may be closed without having to obtain a new building permit, and the work required to close the permit may be done pursuant to the building code in effect at the time the local enforcement agency received the application for the permit, unless the contractor has sought and received approval from the local enforcement agency for an alternative material, design or method of construction. 4.) A local enforcement agency may close a building permit 6 years after the issuance of the permit, even in the absence of a final inspection, if the local enforcement agency determines that no apparent safety hazard exists. 105.5.1.1 For purposes of this section, the term "close" means that the requirements of the permit have been satisfied. 105.5.1.2 For the purposes of this subsection, an open permit shall mean a permit that has not satisfied all requirements for completion as listed in Section 110. 105.5.2 Responsibility to Close Permits. Closing out or resolving open or expired permits shall be the responsibility of the permit applicant and the property owner. Failure to close out or resolve open permits may result in a referral of the matter to the Florida Department of Business and Professional Regulations-Construction Industry Licensing Board (CILB) or Palm Beach County Construction Industry Licensing Board (CILB), as applicable, and the Boynton Beach Community Standards Division. 105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because the plan,or the construction,erection,alteration, modification, repair,or demolition of building, is found by the local enforcing agency to be not in compliance with the Florida Building Code, the local enforcing agency shall identify the specific plan or project features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permit applicant. If the local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the local building code administrator or 22 Page 802 of 919 inspector shall identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the local enforcing agency. The local enforcing agency shall provide this information to the permit applicant. 105.6.1 Arm's Length-Purchaser-Pursuant to Section 553.79(16), Florida Statutes,a local enforcement agency may not deny issuance of a building permit to; issue a notice of violation to; or fine, penalize sanction or assess fees against an arm's-length purchaser of a property for value solely because a building permit applied for by a previous owner of the property was not closed.The local enforcement agency shall maintain all rights and remedies against the property owner and contractor listed on the permit. 105.6.2 Discipline. Pursuant to Section 553.79(16), Florida Statutes, a local enforcement agency may not deny issuance of a building permit to a contractor solely because the contractor is listed on other building permits that were not closed. However, the Building Official may elect to refer violations to the appropriate licensing authority for potential discipline. 105.6.3 Misrepresentation of application.The Building Official may revoke a permit or approval, issued under the provisions of this code, when there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. 105.6.4 Violation of code provisions.The Building Official may require correction or revoke the permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. 105.7 Placement of permit. The building Permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement. In accordance with Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 14-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos.The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos,when applicable, in accordance with state and federal law. Refer to Section 105.3.6 "Asbestos Removal Contractor Exemption" of this code for additional requirements. 23 Page 803 of 919 105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used,to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. For a bait system, see Section 1816.1.7 of the Florida Building Code for contract document requirements. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided.The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. Upon written request and approval of the Building Official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. This provision only applies to the Florida Building Code, all other agency approvals necessary for construction must be secured prior to this provision being applied. 105.13 Phased permit approval. After submittal of the appropriate construction documents,the Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. This provision only applies to the Florida Building Code, all other agency approvals necessary for construction must be secured prior to this provision being applied. 105.14 Permit issued on basis of an affidavit. The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. Whenevera permit is issued in reliance upon an affidavit orwheneverthe work to be covered by a permit involves installation under conditions which, in the opinion of the Building Official, are hazardous or complex, the Building Official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the Building Official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical 24 Page 804 of 919 codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the Building Official. The Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part III of Chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the Building Official (See also Section 107.6). Exception: Permit issued on basis of an affidavit shall not extend to the flood load and flood resistance requirements of the Florida Building Code. 105.15 Opening protection. When any activity requiring a building permit that is applied for on or after July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single-family detached residential structure that is located in the wind borne debris region as defined in this Code and that has an insured value of $750,000 or more, or, if the site built single-family detached residential structure is uninsured or for which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad valorem taxation of$750,000 or more;opening protections as required within this Code or Florida Building Code, Residential for new construction shall be provided. Exception: Single family residential structures permitted subject to the Florida Building Code are not required to comply with this section. 105.16 Inspection of existing residential building not impacted by construction. (a) A local enforcing agency, and any local building code administrator, inspector, or other official or entity, may not require as a condition of issuance of a one- or two-family residential building permit the inspection of any portion of a building, structure, or real property that is not directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought. (b) This subsection does not apply to a building permit sought for: 1. A substantial improvement as defined in Section 161.54, Florida Statutes or as defined in the Florida Building Code. 2. A change of occupancy as defined in the Florida Building Code. 3. A conversion from residential to nonresidential or mixed use pursuant to Section553.507(2)(a), Florida Statutes or as defined in the Florida Building Code. 4. A historic building as defined in the Florida Building Code. (c)This subsection does not prohibit a local enforcing agency, or any local building code administrator, inspector, or other official or entity, from: 1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection conducted in accordance with the prohibition in paragraph (a). 25 Page 805 of 919 2. Inspecting a physically nonadjacent portion of a building, structure,or real property that is directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought in accordance with the prohibition in paragraph (a). 3. Inspecting any portion of a building, structure, or real property for which the owner or other person having control of the building, structure, or real property has voluntarily consented to the inspection of that portion of the building, structure, or real property in accordance with the prohibition in paragraph (a). 4. Inspecting any portion of a building, structure, or real property pursuant to an inspection warrant issued in accordance with Sections 933.20-933.30, Florida Statutes. 105.17 Streamlined low-voltage alarm system installation permitting. (1) As used in this section, the term: (a) "Contractor" means a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the department under part II of chapter 489. (b) "Low-voltage alarm system project" means a project related to the installation, maintenance, inspection, replacement, or service of a new or existing alarm system, as defined in s. 489.505, that is hardwired and operating at low voltage, as defined in the National Electrical Code Standard 70, Current Edition, or a new or existing low-voltage electric fence, and ancillary components or equipment attached to such a system or fence, including, but not limited to, home-automation equipment, thermostats, closed-circuit television systems, access controls, battery recharging devices, and video cameras. (c) "Low-voltage electric fence" means an alarm system, as defined ins.489.505,that consists of a fence structure and an energizer powered by a commercial storage battery not exceeding 12 volts which produces an electric charge upon contact with the fence structure. (d) "Wireless alarm system" means a burglar alarm system or smoke detector that is not hardwired. (2) Notwithstanding any provision of law, this section applies to all low-voltage alarm system projects for which a permit is required by a local enforcement agency. However, a permit is not required to install, maintain, inspect, replace, or service a wireless alarm system, including any ancillary components or equipment attached to the system. (3) A low-voltage electric fence must meet all of the following requirements to be permitted as a low- voltage alarm system project, and no further permit shall be required for the low-voltage alarm system project other than as provided in this section: (a) The electric charge produced by the fence upon contact must not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission Standard No. 60335-2-76, Current Edition. 26 Page 806 of 919 (b) A nonelectric fence or wall must completely enclose the low-voltage electric fence. The low-voltage electric fence may be up to 2 feet higher than the perimeter nonelectric fence or wall. (c) The low-voltage electric fence must be identified using warning signs attached to the fence at intervals of not more than 60 feet. (d) The low-voltage electric fence shall not be installed in an area zoned exclusively for single-family or multi-family residential use. (e) The low-voltage electric fence shall not enclose the portions of a property which are used for residential purposes. (4) This section does not apply to the installation or replacement of a fire alarm if a plan review is required. (5) A local enforcement agency shall make uniform basic permit labels available for purchase by a contractor to be used for the installation or replacement of a new or existing alarm system at a cost of not more than $40 per label per project per unit.The local enforcement agency may not require the payment of any additional fees, charges, or expenses associated with the installation or replacement of a new or existing alarm system. (a) A local enforcement agency may not require a contractor, as a condition of purchasing a label, to submit any information other than identification information of the licensee and proof of registration or certification as a contractor. (b) A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction of the local enforcement agency that issued the label. A contractor may purchase labels in bulk for one or more unspecified current or future projects. (6) A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of the low-voltage alarm system project site before commencing work on the project. (7) A contractor is not required to notify the local enforcement agency before commencing work on a low-voltage alarm system project. However, a contractor must submit a Uniform Notice of a Low-Voltage Alarm System Project as provided under subsection (8) to the local enforcement agency within 14 days after completing the project. A local enforcement agency may take disciplinary action against a contractor who fails to timely submit a Uniform Notice of a Low-Voltage Alarm System Project. (8) The Uniform Notice of a Low-Voltage Alarm System Project may be submitted electronically or by facsimile if all submissions are signed by the owner, tenant, contractor, or authorized representative of such persons. The Uniform Notice of a Low-Voltage Alarm System Project must contain the following information: 27 Page 807 of 919 UNIFORM NOTICE OF A LOW-VOLTAGE ALARM SYSTEM PROJECT Owner's or Customer's Name Owner's or Customer's Address City State Zip Phone Number E-mail Address Contractor's Name Contractor's Address City State Zip Phone Number Contractor's License Number Date Project Completed Scope of Work Notice is hereby given that a low-voltage alarm system project has been completed at the address specified above. I certify that all of the foregoing information is true and accurate. (Signature of Owner, Tenant, Contractor, or Authorized Representative) (9) A local enforcement agency may coordinate directly with the owner or customer to inspect a low- voltage alarm system project to ensure compliance with applicable codes and standards. If a low-voltage alarm system project fails an inspection, the contractor must take corrective action as necessary to pass inspection. (10) A municipality, county, district, or other entity of local government may not adopt or maintain in effect any ordinance or rule regarding a low-voltage alarm system project that is inconsistent with this section. 28 Page 808 of 919 (11) A uniform basic permit label shall not be required for the subsequent maintenance, inspection, or service of an alarm system that was permitted in accordance with this section. The provisions of this act are not intended to impose new or additional licensure requirements on persons licensed in accordance with the applicable provisions of chapter 489, Florida Statutes. SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the owner's authorized agent in that part of each Story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed. 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of Construction Documents, statement of Special Inspections, geotechnical report and other data shall be submitted in two or more sets with each Permit application. The Construction Documents shall be prepared by a Registered Design Professional where required by Chapter 471, Florida Statutes & 61G15 Florida Administrative Code or Chapter 481, Florida Statutes & 61G1 Florida Administrative Code. Where special conditions exist, the Building Official is authorized to require additional Construction Documents to be prepared by a Registered Design Professional. Electronic media documents shall be submitted when required by the Building Official, in a format acceptable to the Building Official, and may require only one set of submittals. Exception: The Building Official is authorized to waive the submission of Construction Documents and other data not required to be prepared by a Registered Design Professional if it is found that the nature of the work applied for is such that review of Construction Documents is not necessary to obtain compliance with this code. If the design professional is an architect, interior designer, or engineer legally registered under the laws of this state regulatingthe practice of architecture or interior design as provided for in Chapter481, Florida Statutes, Part I, or landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, or 29 Page 809 of 919 engineering as provided for in Chapter 471, Florida Statutes, then he or she shall affix his or her official seal to said drawings, specifications and accompanying data, as required by Florida Statute. 107.2 Construction documents. Construction Documents shall be in accordance with Sections 107.2.1 through 107.2.6. 107.2.1 Information on construction documents. Construction Documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when Approved by the Building Official. Construction Documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the Building Official. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes. Such information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. 107.2.1.1 For roof assemblies required by the code, the construction documents shall illustrate, describe and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer certifying suitability for the specific site must be submitted with the construction documents. 107.2.1.2 Additional data. The Building Official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the Building Official to be prepared by an architect or engineer shall be affixed with their official seal, signature and date as state law requires. 107.2.1.3 Quality of building plans. Building plans shall be drawn to a minimum 1/8 inch scale upon substantial paper, cloth or other acceptable medium. The Building Official may establish, through Departmental policy, other standards for plans and specifications, including electronic format, in order to provide conformity to its electronic permit review and record retention program.This policy may include such things as minimum size, shape, contrast, clarity, or other items related to records management. Electronic media must be compatible with the archive requirements of Florida Statutes. 107.2.2 Fire protection system shop drawings. Shop drawings for the Fire Protection System(S) shall be submitted to indicate conformance to this code and the Construction Documents and shall be Approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 30 Page 810 of 919 107.2.3 Means of egress. The Construction Documents shall show in sufficient detail the location, construction, size and character of all portions of the Means Of Egress including the path of the Exit Discharge to the Public Way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the Construction Documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Construction Documents for all buildings shall describe the Exterior Wall Envelope in sufficient detail to determine compliance with this code.The Construction Documents shall provide details of the Exterior Wall Envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. The Construction Documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the Construction Documents maintain the weather resistance of the Exterior Wall Envelope.The supporting documentation shall fully describe the Exterior Wall system which was tested,where applicable,as well as the test procedure used. 107.2.5 Exterior balcony and elevated walking surfaces. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain,snow or irrigation, and the structural framing is protected by an impervious moisture barrier the construction documents shall include details for all element of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions. (CA7834) 107.2.6 Site plan. The Construction Documents submitted with the application for Permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site,distances from Lot Lines,the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and Design Flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The site plan shall include accessible parking and accessible routes as required by the FBC Accessibility when applicable. The Building Official is authorized to waive or modify the requirement for a site plan when the application for Permit is for Alteration or repair or when otherwise warranted. 107.2.6.1 Design flood elevations. Where Design Flood elevations are not specified, they shall be established in accordance with Section 1612.3.1. Design flood elevations shall be uniformly specified utilizing the currently effective NAVD 88. 107.2.6.2 For the purpose of inspection and record retention, site plans for a building may be maintained in the form of an electronic copy at the worksite.These plans must be open to inspection by the Building Official or a duly authorized representative, as required by the Florida Building Code. 31 Page 811 of 919 107.2.7 Structural information.The Construction Documents shall provide the information specified in Section 1603 and include shoring details, where applicable, for new construction and alterations. Where construction includes excavation, shoring details shall demonstrate protection of the angle of repose for foundation systems of existing adjacent structures. 107.3 Examination of documents. The Building Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. Exceptions: 1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state-approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly (including utility crossover connections) and construction at the site are subject to local permitting and inspections. Photocopies of plans approved according to FAC 61-41.009, Florida Administrative Code, shall be sufficient for local permit application documents of record for the modular building portion of the permitted project. 2. Industrial construction on sites where design, construction and fire safety are supervised by appropriately licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to approval by the Building Official, from review of plans and inspections, providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors. 107.3.1 Approval of construction documents. When the Building Official issues a Permit, the Construction Document shall be Approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of Construction Documents so reviewed shall be retained by the Building Official.The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the Building Official or a duly authorized representative. 107.3.2 Previous approvals. This code shall not require changes in the Construction Documents, construction or designated occupancy of a structure for which a lawful Permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval. (See also Section 105.13 of this code.)The Building Official is authorized to issue a Permit for the construction of foundations or any other part of a building or structure before the Construction Documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such Permit for the foundation or other parts of a building or structure shall 32 Page 812 of 919 proceed at the holder's own risk with the building operation and without assurance that a Permit for the entire structure will be granted. This provision only applies to the Florida Building Code; all other agency approvals necessary for construction must be secured prior to this provision being applied. 107.3.4 Design professional in responsible charge. Where it is required that documents be prepared by a Registered Design Professional, the Building Official shall be authorized to require the Owner or the owner's authorized agent to engage and designate on the building Permit application a Registered Design Professional who shall act as the Registered Design Professional In Responsible Charge. If the circumstances require, the Owner or the owner's authorized agent shall designate a substitute Registered Design Professional In Responsible Charge who shall perform the duties required of the original Registered Design Professional In Responsible Charge. The Building Official shall be notified in writing by the Owner or the owner's authorized agent if the Registered Design Professional In Responsible Charge is changed or is unable to continue to perform the duties. The Registered Design Professional In Responsible Charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Those products which are regulated by FAC Rule 61G20 shall be reviewed and approved in writing by the designer of record prior to submittal for jurisdictional approval. 107.3.4.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Official. Deferral of any submittal items shall have the prior approval of the Building Official.The Registered Design Professional in Responsible Charge shall list the deferred submittals on the Construction Documents for review by the Building Official. Documents for deferred submittal items shall be submitted to the Registered Design Professional In Responsible Charge who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been Approved by the Building Official. 107.3.4.2 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471, Florida Statutes, or Chapter 481 Florida Statutes, by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapters 471, 481 or 489, Florida Statutes. 33 Page 813 of 919 107.3.5 Minimum plan review criteria for buildings.The examination of the documents by the Building Official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration penetrations;flashing; and rough opening dimensions; and all exterior elevations: Commercial Buildings: Building 1. Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydrant/water supply/post indicator valve (PIV) Set back/separation (assumed property lines) Location of specific tanks, water lines and sewer lines Flood hazard areas, flood zones, and design flood elevations 2. Occupancy group and special occupancy requirements shall be determined (with cross check with the energy code submittal). 3. Minimum type of construction shall be determined (see Table 503). 4. Fire-resistant construction requirements shall include the following components: Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated walls Fire blocking and draft stopping and calculated fire resistance 5. Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems Riser diagram 6. Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic Safeguards during construction, as applicable 34 Page 814 of 919 7. Occupancy load/egress requirements shall include: Occupancy load Gross Net Means of egress Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements Horizontal exits/exit passageways 8. Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope (including Section 107.2.4 of this code) Impact resistant coverings or systems Structural calculations (if requested) Foundation Flood requirements in accordance with Section 1612, including lowest floor elevations, enclosures, flood damage-resistant materials Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9. Materials shall be reviewed and shall at a minimum include the following: Wood Steel Aluminum Concrete Plastic Glass Masonry Gypsum board and plaster Insulating (mechanical) Roofi ng 35 Page 815 of 919 Deck coatings Insulation Building envelope portions of the Energy Code(including calculation and mandatory requirements) 10. Accessibility requirements shall include the following: Site requirements Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements 11. Interior requirements shall include the following: Interior finishes (flame spread/smoke development) Light and ventilation (including corresponding portion of the energy code) Sanitation 12. Special systems: Elevators Escalators Lifts 13. Energy Code submittal 14. Swimming pools: Barrier requirements Spas Wading pools 15. Location and installation details. The specific location and installation details of each fire door, fire damper, ceiling damper and smoke damper shall be shown and properly identified on the building plans by the designer. Electrical 1. Electrical: Wiring Services Feeders and branch circuits Overcurrent protection Grounding 36 Page 816 of 919 Wiring methods and materials GFCIs Electrical portions of the Energy Code (including calculation and mandatory requirements) 2. Equipment 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 8. Design flood elevation Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back flow prevention 9. Irrigation 10. Location of water supply line 11. Grease traps 12. Environmental requirements 37 Page 817 of 919 13. Plumbing riser 14. Design flood elevation 15. Water/plumbing portions of the Energy Code (including calculation and mandatory requirements) Mechanical 1. Mechanical portions of the Energy calculations 2. Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof-mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 10. Chimneys, fireplaces and vents 11. Appliances 12. Boilers 13. Refrigeration 14. Bathroom ventilation 15. Laboratory 16. Design flood elevation Gas 38 Page 818 of 919 1. Gas piping 2. Venting 3. Combustion air 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagram/shutoffs 10. Design flood elevation 11. Gas portions of the Energy Code (including calculation and mandatory requirements) Demolition 1. Asbestos removal Residential (one- and two-family): 1. Site requirements: Set back/separation (assumed property lines) Location of septic tanks 2. Fire-resistant construction (if required) 3. Fire 4. Smoke detector locations 5. Egress Egress window size and location stairs construction requirements 6. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials, connector tables, and structural calculations (if required) 39 Page 819 of 919 Termite protection Design loads Wind requirements Building envelope Structural calculations (if requested) Foundation Wall systems Floor systems Roof Systems 7. Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment, and flood damage-resistant materials 8. Accessibility requirements: show/identify accessible bath 9. Impact resistant coverings or systems 10. Residential Energy Code submittal (including calculation and mandatory requirements) 11. Electrical: Electric service riser with wire sizes, conduit detail and grounding detail Complete load calculations, Panel schedules 12. Mechanical: Equipment and location, Duct systems 13. Plumbing: Plumbing riser 14. Gas: Gas piping Venting Combustion air Chimneys and vents Appliances 40 Page 820 of 919 Type of gas Fireplaces LP tank location Riser diagram/shutoffs 15. Swimming Pools Barrier requirements Spas Wading pools Manufactured buildings/housing- 1. Site requirements Setback/separation (assumed property lines) Location of septic tanks (if applicable) 2. Structural Wind zone Anchoring Blocking 3. Plumbing List potable water source and meter size (if applicable) 4. Mechanical Exhaust systems Clothes dryer exhaust Kitchen equipment exhaust 5. Electrical exterior disconnect location Exemptions. Plans examination by the Building Official shall not be required for the following work: 1. Replacing existing equipment such as mechanical units, water heaters, etc.; 2. Reroofs (as determined by Building Official); 3. Minor electrical, plumbing and mechanical repairs; 4. Annual maintenance permits; 41 Page 821 of 919 5. Prototype plans: Except for local site adaptions, siding, foundations and/or modifications. Except for structures that require waiver; or 6. Manufactured buildings plan except for foundations and modifications of buildings on site and as listed above in manufactured buildings/housing. 107.4 Amended construction documents. Work shall be installed in accordance with the Approved Construction Documents, and any changes made during construction that are not in compliance with the Approved Construction Documents shall be resubmitted for approval as an amended set of Construction Documents. 107.5 Retention of construction documents. One set of Approved Construction Documents shall be retained by the Building Official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. 107.6 Affidavits.The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures,the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The Building Official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the Building Official copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure,electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the Building Official relies upon such affidavit,the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances.The Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the Building Official (See also Section 105.14). On applications in which private provider services are utilized, all time frames shall adhere to time frames as indicated in Florida Statutes 553.7917(a). 107.6.1 Building permits issued on the basis of an affidavit in special flood hazard areas. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Parts 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Sections 105.14 and 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. 42 Page 822 of 919 SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General.The Building Official is authorized to issue a Permit for temporary structures and temporary uses. Such Permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The Building Official is authorized to grant extensions for demonstrated cause. 108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103. 108.3 Temporary power. The Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued.The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70. 108.4 Termination of approval. The Building Official is authorized to terminate such Permit for a temporary structure or use and to order the temporary structure to be removed and the use to be discontinued. SECTION 109 FEES 109.1 Payment of fees. A Permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a Permit be released until the additional fee, if any, has been paid. 109.1.1 Other fees. A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees, water and sewer capital facility fees, City Park & Recreation fees, Fire Division fees, City Green Building Fee, Palm Beach County Impact fees and State of Florida fees. Water and sewer facility fees are established in Chapter 26 of the City of Boynton Beach Code of Ordinances. The Fire Division fees are established in Chapter 9 of the City of Boynton Beach Code of Ordinances. The City Green Building fee is established in the City of Boynton Beach Code Land Development Regulations Chapter 2, Article 1, Section 5.The city may elect to collect Palm Beach County Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF). When applicable, the administrative portion of the Art in Public Places fee (30%of the total Art fee) is due prior to permit issuance. 109.2 Schedule of permit fees. On buildings, structures, electrical,gas, mechanical, and plumbing systems or Alterations requiring a Permit, a fee for each Permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following: 43 Page 823 of 919 • Permits; • Plans examination; • Certificates of competency (including fees for applications, examinations, renewal, late renewal, and reciprocity); • Re-inspections; • Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board); • Variance requests; • Administrative appeals; • Violations; and • Other fees as established by local resolution or ordinance. 109.3 Building permit valuations. For permitting purposes, the applicant for a Permit shall provide an estimated Permit value at time of application. Permit valuations shall include total value of work or total replacement value of work, including materials and labor for which the permit is being issued, such as structural, electric, plumbing, mechanical, interior finish, relative site work, architectural and design fees, overhead and profit; excluding only land value. If, in the opinion of the Building Official, the valuation is underestimated on the application, the Permit shall be denied, unless the applicant can show detailed estimates to meet the approval. Valuation references may include the latest published data of national construction cost analysis services, such as, Marshall-Swift, Means, etc., as published by International Code Congress. Final building Permit valuation shall be set by the Building Official. 109.3.1 Exemptions. Manufacturing Equipment: For the purposes of calculating permit fees the cost of equipment used in the process of manufacturing a product shall be exempt from paying permit fees for any portion of the cost greater than $10,000 dollars if the following criteria are met: 1. Equipment must have a replacement cost and/or purchase cost greater than $10,000 dollars per each piece of equipment to be exempted. 2. Equipment must be purchased directly by the owner. 3. Equipment cannot not be an integral part of the building, building envelope, building system, and/or essential to the operation of the building. 4. The nature of equipment shall be that if a business was to cease to exist or relocate the equipment would be easily removed from the building. Note: All, electric, piping, mounting, structural connections, attachment of auxiliary equipment necessary to operate the manufacturing equipment will be included in permit valuation and subject to permit fees. 44 Page 824 of 919 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary Permits or without prior approval from the Building Official as permitted in Section 105.2.2 or 105.12 shall be subject to a fee established by the Building Official that shall be in addition to the required Permit fees or as provided by local ordinance. This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be applied forwithin one (1) business day and any unreasonable delay in obtaining those permit(s)shall result in the charge of a quadruple fee. The payment of a quadruple fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The Building Official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing to two times the fee. 109.5 Related fees. The payment of the fee for the construction, Alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building Permit shall not relieve the applicant or holder of the Permit from the payment of other fees that are prescribed by law. 109.6 Refunds. All permit fees under this section are non-refundable and non-transferable. SECTION 110 INSPECTIONS 110.1 General. Construction or work for which a Permit is required shall be subject to inspection by the Building Official and such construction or work shall remain exposed and provided with access for inspection purposes until Approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the Owner or the owner's authorized agent to cause the work to remain exposed and provided with access for inspection purposes. The Building Official shall be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. Neither the Building Official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. (CA 7697) 110.1.1 Manufacturers and fabricators. When deemed necessary by the Building Official, he/she shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 110.1.2 Inspection service. The Building Official may make, or cause to be made, the inspections required by Section 110. He or she may accept reports of division inspectors, independent inspectors or of recognized inspection services, provided that after investigation he/she is satisfied as to their licensure, qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or 45 Page 825 of 919 engineer performing building code inspections in a manner specified by the Building Official. The Building Official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468 Florida Statues. The Building Official may require the owner to employ an inspection service in the following instances: 1. For buildings or additions of Type I construction; 2. For all major structural alterations; 3. Where the concrete design is based on compressive strength in excess of 3000 pounds per square inch; 4. For pile driving; 5. For buildings with an area greater than 20,000 square feet; 6. For buildings more than two stories in height; or 7. For buildings and structures of unusual design or methods of construction. Such inspectors shall be present when work is underway on the structural elements of the building to adequately attest to its compliance. Such inspectors shall be a®registered architect, or engineer. An employee of the architect or engineer licensed ,under Chapter 468, Part XII, Florida Statutes may perform the inspections, under the direction of and with final certification from the architect or engineer. Such inspectors shall submit weekly progress reports including the daily inspections to the Building Official, and including a code compliance opinion of the resident inspector. At the completion of the construction work or project, the architect or engineer shall-submit a certificate of compliance to the Building Official, stating that the work was,done in compliance with this code and in accordance with the permitted drawing._Final inspection shall be made by the Building Official before a Certificate of Occupancy or Certificate of Completion is issued; and confirmation inspections maybe made at any time to monitor activities and resident inspectors. 110.1.3 Affidavit for inspection. With specific prior approval of, and in a format—acceptable to the Building Official, an affidavit for certification of inspection may be_accepted from the permit qualifier; when accompanied by extensive photographicevidence of sufficient detail to demonstrate code compliance.The photographic evidence shall be comprehensive in the display of the installation and/or construction—and job location identifiers. The affidavit and accompanying photographs shall be provided to the inspector onsite, at the next scheduled inspection. If the photographs-are found to be insufficient by the Building Official to demonstrate compliance with this code and/or the permitted document, or clearly display location identifiers, or are missing, the inspector shall require the contractor to obtain the services of a Registered Florida Professional Engineer to inspect and certify the installation and/or construction. 46 Page 826 of 919 110.1.3.1 Exception: Affidavits may not be accepted for inspection of elements of construction which require inspection by the local jurisdiction-under the requirements of 44CFR59 and-44CFR60 and the local flood damage prevention ordinance. 110.1.4 No inspection shall be made until sanitary facilities have been provided, as required in Section 311.1 of the Florida Building Code, Plumbing. 110.2 Preliminary inspection. Subject to the limitations of Florida Statutes Chapter 553.79(20), before issuing a Permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.2.1 Existing building inspections. Before issuing a permit, the Building Official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. The Building Official may inspect the buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, before, during and upon completion of the work for which a permit was issued. The Building Official shall make a record of every such examination and inspection and of all observed violations of the technical codes. Additional regulations in Florida Building Code, Existing Building Volume, may apply. 110.3 Required inspections. The Building Official upon notification from the permit holder or his or her agent shall make the following inspections, and such other inspections as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The Building Official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. A complete survey, or special purpose survey may be required before an inspection is approved. A. Building 1. Foundation inspection. To be made after trenches are excavated, forms erected, and required reinforcing steel is in place. The Foundation inspection shall at a minimum include the following building components: • Stem-wall • Monolithic slab-on-grade • Piling and pile caps • Footings/grade beams 1.1. Slab Inspection: Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories 47 Page 827 of 919 and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. A foundation/Form board survey prepared and certified by a registered surveyor may be required, prior to approval of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for review by the building inspector. In lieu of providing a survey, the contractor may elect to uncover all property line markers and string-up all property lines in preparation for inspection. At contractors own risk. 1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction, the elevation certification shall be submitted to the Authority having Jurisdiction.Any locations Outside of the flood hazard area the contractor shall meet the minimum requirements for Habitable Finish Floor above the crown of the road per Chapter 4, Article X, Flood Prevention Requirements of the LDR. 2. Construction Inspections 2.1 Lintel/tie beams/columns/masonry units. To be made after masonry units, forms, reinforcing steel, shoring, conduit, piping accessories, and other ancillary equipment items are in place, but before any concrete is placed. 2.2 Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: • Roof sheathing • Wall sheathing • Floor sheathing • Sheathing fasteners • Roof/wall dry-in. • Gypsum board, as required • Sheathing/cladding inspection NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and corrected prior to installation of the dry-in material. Exception: ring shank nails shall be bent over and a new fastener installed. 2.3 Framing inspection. To be made after the roof deck or sheathing, all framing, fire blocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: 48 Page 828 of 919 • Window/door framing and installation. Verify rough opening dimensions are within tolerances, buck and attachments. • Lintel/tie beams complete, if applicable. • Framing/trusses/bracing/connectors (including truss layout drawings) • Draft stopping/fire blocking • Curtain wall framing • Fire resistant assemblies, joints and penetrations, as required • Accessibility. 3. Exterior wall coverings. Shall at a minimum include the following building components in progress inspections: • Exterior wall coverings and veneers • Soffit coverings 4. Roofing inspection. Shall at a minimum include the following building components: • Dry-in • Insulation • Roof coverings (including in-progress) • Flashing • Sheathing 4.1. Re-Roof sheathing inspection. An affidavit with a notarized signature of a state or locally licensed roofing contractor for the installation of additional sheathing fasteners as required by the Existing Building Code may be accepted at the discretion of the Building Official. 5. Energy insulation, thermal and ignition barriers 6. Lath/Drywall. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception: Gypsum board that is not part of a fire-resistance- rated assembly or a shear assembly, unless otherwise determined by the Building Official. 7. Final inspection.To be made after the building, including all sub-trade inspections, are completed and ready for occupancy. 7.1. Elevation Certificate. As part of the final inspection, an elevation certificate shall be submitted to the authority having jurisdiction. 7.2. A final survey prepared and certified by a registered surveyor may be required at time of final inspection, when applicable. 49 Page 829 of 919 8. Swimming pool inspection. • First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete shell. • Underground electric inspection • Underground piping inspection, including a pressure test • Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any reinforcement in placed. • Final electric inspection to be made prior to filling the swimming pool with water. • Final permanent barrier inspection to be made prior to filling the swimming pool with water. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. • Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. 9. Demolition inspections. • First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions sha I I exist during or after demolition operations. • Final inspection to be made after all demolition work is completed. 10. Manufactured building inspections.The division of building safety shall inspect construction of foundations; connecting buildings to foundations; installation of parts identified on plans as site installed items, joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any other work done on site which requires compliance with the Florida Building Code. Additional inspections may be required for public educational facilities(see Section 423.27.20 of this code). 11.Where impact-resistant coverings or impact resistant systems are installed,the Building Official shall schedule adequate inspections of impact-resistant coverings or impact resistant systems to determine the following: • The system indicated on the plans was installed. • The system is installed in accordance with the manufacturer's installation instructions and the product approval. Electrical 1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place. 50 Page 830 of 919 2. Rough-in inspection.To be made after the roof, framing, fire blocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Low Voltage: To be made for security, alarm, elevator, and special uses. 4. Final inspection.To be made after the building electrical system is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. 5. Existing Swimming Pools. To be made after all repairs or alterations are complete, all required electrical equipment, GFCI protection, and equipotential bonding are in place on said alterations or repairs. Plumbing 1. Underground inspection. To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough-in inspection.To be made after the roof, framing, fire blocking and bracing is in place and all soil,waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. -includes plumbing provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building plumbing system is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Note: See Section 312 of the Florida Building Code, Plumbing for required tests. Mechanical 1. Underground inspection.To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. -includes mechanical provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building mechanical system is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. Gas 51 Page 831 of 919 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or anyfixtures organ appliances have been connected. -includes gas provisions of the energy code and approved calculations provisions. 2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. Site Debris 1.The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles during the course of the construction project and prior to receiving final inspection approval. Construction job sites must be kept clean and in a safe condition at all times. 2.All debris shall be kept in such a manner as to prevent it from being spread by any means. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94,the concrete need not be on the job. 110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification shall be submitted to the Building Official. 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, Fire Blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are Approved. 52 Page 832 of 919 110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished. Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly. 110.3.6 Weather-exposed balcony and walking surface waterproofing. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious- moisture-barrier system shall not be concealed until inspected and approved. 110.3.7 Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance rated assemblies, Smoke Barriers and smoke partition shall not be concealed from view until inspected and Approved. 110.3.8 Energy efficiency inspections. Inspections shall be made to determine compliance with Fbc, Energy Conservation and-confirm with the approved energy code submittal (by appropriate trade) and corresponding mandatory requirements and shall include, but not be limited to, inspections for: corresponding envelope insulation R- and U-values, fenestration U-value and Solar Heat Gain Coefficient,duct system R-value,and HVAC, lighting,electrical and water-heating equipment efficiency. 110.3.9 Other inspections. In addition to the inspections specified in Sections 110.3 through 110.3.7, the Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the division of building safety. 110.3.10 Special inspections. Reserved. 110.3.11 Inspections prior to issuance of Certificate of Occupancy or Completion. The Building Official shall inspect or cause to be inspected, at various intervals, all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the Certificate of Occupancy or Certificate of Completion. In performing inspections, the Building Official or designee shall give first priority to inspections of the construction, addition, or renovation to, any facilities owned or controlled by a state university, state community college or public school district. 110.3.12 Final inspection. The final inspection shall be made after all work required by the building Permit(S) is completed. 110.3.12.1 Flood hazard documentation. If located in a Flood Hazard Area, shall be submitted to the Building Official prior to the final inspection. 53 Page 833 of 919 110.3.12.2 Energy Code documentation. If required by energy code path submittal, confirmation that commissioning result requirements have been received by building owner. 110.3.13 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.7, Section 2304.13 or Section 2304.11.6, specifically required to be inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the Building Official has been received. 110.3.14 Impact resistant coverings or systems. Where impact resistant coverings or systems are installed to meet requirements of this code, the Building Official shall schedule adequate inspections of impact resistant coverings or systems to determine the following: 1.The system indicated on the plans was installed. 2. The system is installed in accordance with the manufacturer's installation instructions and the product approval. 110.4 Inspection agencies. The Building Official is authorized to accept reports of Approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests. It shall be the duty of the holder of the building Permit or their duly authorized agent to notify the Building Official when work is ready for inspection. It shall be the duty of the Permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required.Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. The Building Official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the Permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official. 110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer, prior to any required mandatory inspections by the threshold building inspector. 110.8 Threshold building. 110.8.1 During new construction or during repair or restoration projects in which the structural system or structural loading of a building is being modified,the enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record.The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building.The purpose of the structural inspection plans is to provide specific inspection procedures and 54 Page 834 of 919 schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the Building Official, the architect, or the engineer of record. The contractor's contractual or statutory obligations are not relieved by any action of the special inspector.110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the minimum size, height, occupancy, occupancy classification, or number-of-stories criteria which would result in classification as a threshold building under Section 553.71(7), Florida Statutes, may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code. 110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes, as an architect. 110.8.4 Each enforcement agency shall require that, on every threshold building: 110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: "To the best of my knowledge and belief, the above described construction of all structural load-bearing components complies with the permitted documents,and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement agency." 110.8.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's recorded set of permit documents. 110.8.4.3 All shoring and reshoring procedures, plans and details be submitted to the enforcement agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor. 110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire-safety standards as determined by the local authority in accordance with this Section and Chapter 633, Florida Statutes. 110.8.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the 55 Page 835 of 919 responsibility for supervision, direction, management and control of the construction activities on the project for which the building permit was issued. 110.8.6 The division of building safety may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the division of building safety.The Building Official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5), Florida Statutes, are in addition to the minimum inspections required by this code. 110.9 Impact of construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property, unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable to the applicable property owner. This includes, but is not limited to, the control of dust, noise, water or drainage run-offs, debris, and the storage of construction materials. New construction activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties, and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites. Accordingly, developers, contractors and owners of all new residential development, including additions, pools, patios, driveways, decks or similar items, on existing properties resulting in a significant decrease of permeable land area on any parcel or has altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon completion of the improvement, a certification from a licensed professional, as appropriate under Florida law, shall be submitted to the inspector in order to receive approval of the final inspection. 110.10 Storm Shutter Placement during Hurricane Season. 110.10.1 After the termination of such periods of time that had been designated by the National Weather Service as being a hurricane watch or warning, hurricane protective devices installed on occupied buildings which impede required egress or required light and ventilation shall be removed within 15 days. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the Building Official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. 56 Page 836 of 919 Exception: Certificates of occupancy are not required for work exempt from Permits under Section 105.2. 111.2 Certificate issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the division of building safety, the Building Official shall issue a certificate of occupancy that contains the following: 1.The building Permit number. 2.The address of the structure. 3.The name and address of the Owner or the owner's authorized agent. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. For buildings and structures in flood hazard areas, a statement that documentation of the as-built lowest floor elevation has been provided and is retained in the records of the authority having jurisdiction 7. The name of the Building Official. 8. The edition of the code under which the Permit was issued. 9. The use and occupancy, in accordance with the provisions of Chapter 3. 10.The type of construction as defined in Chapter 6. 11.The design Occupant Load. 12. If an Automatic Sprinkler System is provided, whether the sprinkler system is required. 13. Any special stipulations and conditions of the building Permit. 111.3 Temporary/partial occupancy. The Building Official is authorized to issue a temporary/partial certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Building Official shall set a time period of 30 days during which the temporary certificate of occupancy is valid. 111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in 57 Page 837 of 919 error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 111.5 Certificate of Completion. A Certificate of Completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a Certificate of Occupancy. 111.6 Fixturing and Stocking. The Building Official is authorized to issue approval for fixturing, stocking, training, or decorating, when appropriate, to allow the builder to prepare the structure for permanent occupancy. The building may not be open to the general public or be used for the transaction of any commerce. Such approval must be conditioned upon the approval of the Fire Marshal, when applicable. 111.7 Digital Submittal Requirements for New Construction. 111.7.1 Building Footprints. The Building Official is authorized to require the submittal of digital shape (PDF) files, in a specific format, depicting a geo-referenced footprint with elevation for all new structures as a condition of the issuance of a Certificate of Occupancy. 111.7.2 Subdivision Topography. The Building Official is authorized to require the submittal of electronic topographical data for all new subdivisions over five acres or five lots for the purposes of updating and maintaining the community's flood maps. SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a Permit is required, until released by the Building Official. 112.2 Temporary connection. The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 112.3 Authority to disconnect service utilities. The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Section 112.1 or 112.2. The Building Official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. 58 Page 838 of 919 SECTION 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 113.1 Appointment. There is hereby established a board to be called the Building Board of Adjustment and Appeals, which shall consist of seven members and two alternates. The applicable governing body shall appoint the Board. 113.2 Membership and Terms. 113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge and experience in the technical codes to include, to the greatest extent possible, an architect, engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category. In addition to the regular members, there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he or she has a personal or financial interest. 113.2.2.1 Terms. The terms of office of the board members shall be staggered so no more than one-third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. 113.2.2.2. Removal from office. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as a failure to attend three (3) consecutive meetings or a failure to attend more than one-half of the meetings scheduled during a calendar year. Participation for less than three-fourths of a meeting shall be the same as a failure to attend a meeting. Members removed pursuant to this provision shall not continue to serve on the board and such removal shall create a vacancy. 113.2.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the Building Official, not less than four affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if appointed, shall vote. 113.2.4 Secretary of board. The Building Official or his/her authorized representative shall act as secretary of the board and shall make a record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote. 59 Page 839 of 919 113.3 Powers.The Building Board of Adjustments and Appeals shall have the power, as further defined in 113.4 of this code, to hear appeals of decisions and interpretations of the Building Official and consider variances of the technical codes. 113.4 Appeals. 113.4.1 Decision of the Building Official. The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the Building Official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 1. The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case, which the Building Official has rejected or refused. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 113.4.2 Variances. The Building Board of Adjustments and Appeals, when upon written request, has been so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 60 Page 840 of 919 5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. 113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition,the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. 113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the Building Official renders the decision.Appeals shall be in a form acceptable to the Building Official. 113.4.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system, which in the opinion of the Building Official, is unsafe, unsanitary or dangerous, the Building Official may, in the order, limit the time for such appeals to a shorter period. 113.5 Procedures of the board. 113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairman, subsequent to a request to call a meeting by the secretary.The board shall meet within 30 calendar days after notice of appeal has been received. 113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings. Upon determination by the chairman, irrelevant, immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. The Board may request certain evidence from the petitioner to be provided by an architect or engineer registered in the State of Florida, in which case, said evidence shall be signed, sealed, and dated. 113.5.1.2 Testimony. Any member of the Board or the attorney representing the Board may inquire of, or question, any witness before the Board.Any member of the Board,the petitioner or his/her attorney, and/or the Building Official shall be permitted to inquire of any witness before the Board. The Board may consider testimony presented by the Building Official, the petitioner, or any other witness. 113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the Building Official or varies the application of any provision of this code, the Building Official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the Building Official and shall be open to public 61 Page 841 of 919 inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Building Official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. 113.6 Local Construction Regulation Board. The local government may also utilize this Board to convene as the Local Construction Regulation Board (LCRB), as provided in Florida Statute 489.113. The LCRB may deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if the LCRB has found such contractor, through public hearing, to be guilty of fraud or a willful building code violation within the county or municipality that the LCRB represents. The LCRB may also, deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if it has proof through the public hearing process, that a contractor has been found guilty in another county or municipality within the past 12 months, of fraud or a willful building code violation and after providing notice of an opportunity to be heard to the contractor, finds that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the LCRB represents. Notification of and information concerning such permit denial shall be submitted to the division within 15 days after the LCRB decides to deny the permit. SECTION 114 VIOLATIONS 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 114.2 Notice of violation.The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, Alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a Permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the Building Official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the Approved Construction Documents or directive of the Building Official, or of a Permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. 62 Page 842 of 919 114.5 Enforcement. Nothing in this section shall prevent the authority having jurisdiction from imposing fines, liens, or seek injunctive relief, or exercising other enforcement powers as permitted by law. Code enforcement and penalties of Chapter 162 Florida Statutes Part I shall be authorized if building work begins without payment of all required fees, and for the purposes of enforcing this code, code officials licensed under Florida Statute 468 Part XII are deemed "Code Inspectors," as defined in Florida Statute 162.04. SECTION 115 STOP WORK ORDER 115.1 Authority. Whenever the Building Official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the Building Official is authorized to issue a stop work order. 115.2 Issuance. The stop work order shall be in writing and shall be given to the Owner of the property involved, the owner's authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume. Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping the work. 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the Building Official to be abated by the owner, through repair and rehabilitation or by demolition in accordance with this Code. The extent of repairs shall be determined by the Building Official. When the Building Official determines that an unsafe building, structure, or service system cannot be reasonably repaired in accordance with this or the technical codes, it shall be demolished in accordance with this section. 116.1.1 When the Building Official determines a building, structure, electrical, gas, mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall Provide the owner, agent or person in control of such building, structure, electrical, gas, mechanical or 63 Page 843 of 919 plumbing system A written notice Of Violation stating the defects thereof.This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. 116.1.1.1 In addition to the written notice being sent by certified mail, return receipt requested to the record owner(s) of the real property upon which the unsafe building, structure, system is located, the Building Official shall post a copy of the notice in a conspicuous place in City Hall, upon the building, structure or system, and a copy shall be recorded in the public records of Palm Beach County. 116.1.1.2 In addition,a copy of the notice, as outlined in this sub-section,shall be published simultaneously for two consecutive weekends in a newspaper of local circulation. Such notice shall be substantially in the following form: NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT (Insert Date of Notice) The owner or other interested parties for the structure located at (address), are hereby notified that the City of Boynton Beach, Florida will proceed to have the building, structure or system repaired, demolished or removed (insert stipulated time) after the date of this Notice, if said building, structure or system is not substantially repaired, demolished or removed by that date. All costs incurred by the City in connection with the repair, demolition or removal will be assessed against the property. If, as a result of this Notice, the building, structure or system is substantially repaired, demolished,or removed by the owner, notice is hereby given that work to abate the unsafe condition requires building permits and inspections for code compliance, and all related fees are required to be paid prior to performing the work or receiving certification of code compliance. To request an extension of time, the owner should contact (Contact Person and Phone Number)within ten (10) days of the date of this Notice. Said request for extension must be made in writing to the Building Official. An affected owner or duly authorized agent has the right to appeal this action to the Building Board of Adjustment and Appeals. An application of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized agent, at the City of Boynton Beach Building Division Office, within (insert stipulated time) of the date of this Notice.The fee to cover hearing costs shall be established by ordinance. 64 Page 844 of 919 116.1.1.3 Evidence that an attempt has been made to hand deliver or mail the Notice, as provided herein, together with a copy of the recorded "Notice of Intent to Demolish or Substantially Repair and Inspect" at the Clerk of the Court Office, and proof of publication, shall be sufficient to show that the notice requirements of this Section have been met, without regard to whether or not the owner actually received said notice. 116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or reconnected until the specified repairs and improvements are completed, inspected and approved by the Building Official. The Building Official shall post at each entrance to the building a placard stating:THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BYTHE BUILDING OFFICIAL.This placard shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or its officers, agents, or other servants, to remove the posting without written permission of the Building Official, or for any person to enter the building, or use the building or system(s) except for the purpose of making the required repairs or of demolishing same. 116.1.3 In case the owner, agent, or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the Building Official, after having ascertained the cost may take action to cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof, to be demolished, secured, repaired, or required to remain vacant or unused. Taking such action does not create a continuing obligation on the part of the Building Official to continue with maintaining such building, structure, or system; or create liability for any damage to the property. 116.1.4 The decision of the Building Official shall be final in cases of emergency, which, in the opinion of the Building Official, involve imminent danger to human life or health, or the property of others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way. 116.2 Reserved. 116.3 Administrative fines; costs to repair; liens. Costs incurred under 116.1.3 and 116.1.4 shall be charged to the owner of the premises involved. If charges are not paid within a ten (10) day period following mailing of the billing notification sent by certified mail, the owner of the premises will be charged in the following manner: 65 Page 845 of 919 1. The Building Official shall assess the entire cost of such vacation, demolition, securing, or removal against the real property upon which such cost was incurred, which assessment shall include but not be limited to all administrative costs, postal expenses, and shall constitute a lien upon such property superior to all others except taxes. 2.The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the nature of such lien,the amount thereof and an accurate legal description of the property, including the street address, which lien shall be effective from the date of filing and recite the names of all persons notified and interested persons. After three (3) months from the filing of any such lien which remains unpaid,the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed. Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency. 116.4 Appeal. The owner, agent, or person in control of an unsafe structure or system shall have the right to appeal the decision of the Building Official, as provided hereinafter, and to appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they should not comply with said notice. SECTION 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas. Pursuant to Section 553.73(5), Florida Statutes, the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. SECTION 118 WIND LOADS (Section 1609, Florida Building Code) The basic wind speed in miles per hour, for development of wind loads, shall be determined from figure 1609, said Basic Wind Speed for Boynton Beach as depicted on map Figure 1609A, Figure 1609B, and Figure 1609C is hereby added to this code. SECTION 119 SEVERABILITY If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. 66 Page 846 of 919 TE BOYNTON BEACH ADMINISTRATIVE AMENDMENTS to the FLORIDA BUILDING CODE i i n �� ORDINANCE NO. EFFECTIVE Deee r3-!,2417December 31, 2020 BEGINNING WITH PERMIT NO. nn0l-0001 City of Boynton Beach Department of Development Building Division 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 (561)742-6350 Office (561)742-6357 Fax This document can be downloaded online—at no charge—fay visiting the'Farms&Applifotrans"sectron of the Burfdng Dimon page on the City of Boynton Beach we s4e at wa wwu,faoynton-faeaeh.ore� 1 Page 847 of 919 PART I—SCOPE AND APPLICATION CHAPTER 1 ADMINISTRATION Table of Contents Section 101 GENERAL 3 Section 102 APPLICABILITY 5 Section 103 BUILDING DIVISION 10 Section 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 10 Section 105 PERMITS 13 Section 106 FLOOR AND ROOF LOADS 2429 Section 107 CONSTRUCTION DOCUMENTS 29 Section 108 TEMPORARY STRUCTURES AND USES 43 Section 109 FEES 4443 Section 110 INSPECTIONS 4445 Section 111 CERTIFICATES OF OCCUPANCY AND COMPLETION 56 Section 112 SERVICE UTILITIES iW58 Section 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 59 Section 114 VIOLATIONS 6&62 Section 115 STOP WORK ORDER 63 Section 116 UNSAFE STRUCTURES AND EQUIPMENT 6463 Section 117 VARIANCES IN FLOOD HAZARD AREAS 66 Section 118 WIND LOADS &766 Section 119 SEVERABILITY 66 2 Page 848 of 919 SECTION 101 GENERAL 101.1 Title.These regulations shall be known as the Florida Building Code, hereinafter referred to as"this code." 101.2 Scope. The provisions of this code shall apply to the construction, Alteration, relocation, enlargement, replacement,Repair,equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exception: 1. Detached one- and two-family Dwellings and multiple single-family Dwellings(Townhouses) not more than three Stories above Grade Plane in height with a separate Means Of Egress and their accessory structures not more than three stories above grade plane in height,shall comply with the Florida Building Code,Residential. 2. Code Requirements that address snow loads and earthquake protection are pervasive;they are left in place but shall not be utilized or enforced because Florida has no snow load or earthquake threat. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. Appendix "F," in the Florida Building Code, Plumbing Volume, has been adopted as part of this chapter. 101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code,Building. 101.3 Intent.The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, Means of Egress facilities, stability, sanitation,adequate light and ventilation,energy conservation,and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building,system or plan by this jurisdiction,under the requirements of this code,shall not be construed in any court as a warranty of the physical condition of such building,system or plan or their adequacy. This jurisdiction 3 Page 849 of 919 shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting.Further,no employee shall be liable in tort for damage from such conditions, in accordance with Section 768.28 Florida Statutes,as may be amended or replaced. 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.11 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Gas.The provisions of the Florida Building Code,Fuel Gas Shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code.These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical Shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air- conditioning and refrigeration systems,incinerators and other energy-related systems. 101.4.3 Plumbing.The provisions of the Florida Building Code,Plumbing shall apply to the installation, Alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 101.4.4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances,Chapter 10,Article IV. 101.4.5 Fire prevention.For provisions related to Florida Fire Prevention Codef re. e v^^ ieR,refer to the Florida Fire Prevention Code.The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage,handling or use of structures,materials or devices;from conditions hazardous to life,property or public welfare in the occupancy of structures or premises; and from the construction, extension, Repair,Alteration or removal of fire suppression,Automatic Sprinkler Systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation Shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.4.7 Existing buildings.The provisions of the Florida Existing Building Code shall apply to matters governing the Repair,Alteration,change of occupancy,Addition to and relocation of existing buildings. 4 Page 850 of 919 101.4.8 Accessibility. For provisions related to accessibility, refer to the Florida Building Code, Accessibility. 101.4.9 Manufactured buildings. For additional administrative and special code requirements, see Section 458,Florida Building Code. Building,and Rule 61-41 Florida Administrative Code. 101.4.10 Electrical.The provisions of Chapter 27 of the Florida Building Code,Building Volume shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances,fixtures,fittings and appurtenances thereto. 101.4.11 Flood Damage Prevention.City of Boynton Beach Land Development Regulations(LDR)shall be considered part of the requirements of this code relative to flood control. Conflicting requirements between the Florida Building Code and Chapter 4,Article X,Flood Prevention Requirements of the LDR shall be resolved in favor of the requirement that offers the greatest degree of flood damage prevention or alternatives that would provide an equivalent degree of flood damage prevention and an equivalent method of construction. 101.5 Building Official. Whenever,the Building Official is mentioned in the code,it is also intended to mean the Building Official's designee,wherever applicable. SECTION 102 APPLICABILITY 102.1 General.Where there is a conflict between a general requirement and a specific requirement,the specific requirement shall be applicable.Where,in any specific case,different sections of this code specify different materials,methods of construction or other requirements,the most restrictive shall govern. 102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to,zoning requirements,land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design,construction,erection, alteration,modification,repair or demolition of public or private buildings,structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally,a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the sitting of any publicly owned facility, including, but not limited to, correctional facilities,juvenile justice facilities,or state universities,community colleges,or public education facilities,as provided by law. 102.2 Building.The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building,structure or facility or floating residential structure,or 5 Page 851 of 919 any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations,repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in the Florida Building Code, Existing Building.The following buildings, structures and facilities,except for those located in a Special Flood Hazard Area are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a)Building and structures specifically regulated and preempted by the federal government. (b)Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. (d)Temporary buildings or sheds used exclusively for construction purposes. (e)Mobile or modular structures used as temporary offices, except that the provisions of Part II (Section 553.501-553.513,Florida Statutes)relating to accessibility by persons with disabilities shall apply to such mobile or modular structures.Permits shall be required for structural support and tie down,electric supply and all other such utility connections to such mobile or modular structures as required by this jurisdiction. (f)Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation,transmission,or distribution of electricity. (g)Temporary sets, assemblies, or structures used in commercial motion picture or television production,or any sound-recording equipment used in such production,on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida.As used in this paragraph,the term"chickee"means an open-sided wooden but that has a thatched roof of palm or palmetto or other traditional materials,and that does not incorporate any electrical,plumbing,or other non-wood features. (i) Family mausoleums not exceeding 250 square feet(23 m2)in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite,marble,or reinforced concrete. 0)Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (k)A building or structure having less than 1,000 square feet(93 m2)which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1,2011,if the building or structure: 1.Is not rented or leased or used as a principal residence; 2. Is not located within the 100-year floodplain according to the Federal Emergency Management Agency's current Flood Insurance Rate Map;and 6 Page 852 of 919 3.Is not connected to an off-site electric power or water supply. (1)Service providers of water,sewer,storm,gas,cable,telephone,or other similar utility systems are exempt to the point of service connection for the building or structure. 102.2.1 In addition to the requirements of Section 553.79 and 553.80,Florida Statutes,facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395,Florida Statutes,and Part II of Chapter 400,Florida Statutes,and the certification requirements of the federal government. 102.2.2 Residential buildings or structures moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved,provided: 1. The building or structure is structurally sound and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational and safe for reconnection;and 6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state,if required by the Florida Building Code, Building for all residential buildings or structures of the same occupancy class. 7.The requirements of Florida Building Code,Existing Building Volume,are also satisfied. 102.2.3 The Building Official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 102.2.5 Each enforcement district shall be governed by a board, the composition of which shall be determined by the affected localities. 7 Page 853 of 919 1.At its own option,each enforcement district or local enforcement agency may adopt rules granting to the owner of a single-family residence one or more exemptions from the Florida Building Code relating to: a.Addition,alteration,or repairs performed by the property owner upon his or her own property, provided any addition or alteration shall not exceed 1,000 square feet (93 m2) or the square footage of the primary structure,whichever is less. b. Addition, alteration, or repairs by a non-owner within a specific cost limitation set by rule, provided the total cost shall not exceed$5,000 within any 12-month period. c.Building and inspection fees. 2.However,the exemptions under subparagraph 1 do not apply to single-family residences that are located in mapped flood hazard areas,as defined in the code,unless the enforcement district or local enforcement agency has determined that the work,which is otherwise exempt,does not constitute a substantial improvement, including the repair of substantial damage, of such single-family residences. 3.Each code exemption,as defined in sub-subparagraphs 1a,1b,and 1c shall be certified to the local board 10 days prior to implementation and shall only be effective in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it. 4.However,each enforcement district or local enforcement agency may establish an alternative permitting program for replacing nonstructural components of building systems in a residential dwelling unit. A licensed contractor performing such work for the resident shall also be exempt from individual permits and inspections if either the owner or the licensed contractor obtains a valid Annual Permit per Section 105.1.1 of this code and all such work is reported as required in Section 105.1.2 of this code for compliance evaluation.No added capacity,system expansion or new building work of any type shall be excluded from individual permit and inspection by this provision. 102.2.6 This section does not apply to swings and other playground equipment accessory to a one-or two-family dwelling. Exception:Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number,shall be construed to refer to such chapter,section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 8 Page 854 of 919 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards,the provisions of this code shall apply. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the Florida Codes listed in Section101.4,the provisions of this code or the Florida Codes listed in Section 101.4,as applicable,shall take precedence over the provisions in the referenced code or standard. 102.5 Partial invalidity.In the event that any part or provision of this code is held to be illegal or void,this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures.The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change,except as is specifically covered in this code,the Florida Building Code, Existing Building, the Florida Fire Prevention Code, and_101.4. 4 Property maintenance. For provisions related to property maintenance,refer to the City of Boynton Beach Code of Ordinances,Chapter 10,Article IV. 102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the Florida Building Code or Florida Residential Code,as applicable,for new construction or with any current permit for such occupancy. 102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change,except as otherwise specifically provided in this code, the Florida Fire Prevention Code, and 101.4. 4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV, or as is deemed necessary by the Building Official for the general safety and welfare of the occupants and the public. 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufactured building does not constitute an alteration. (2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code(prior to March 1,2002),the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code(after March 1,2002),the wind speed map of the Florida Building Code shall be applicable. (3)A relocated building shall comply with the flood hazard area requirements of the new location,if applicable. 9 Page 855 of 919 102.8 Existing mechanical equipment.An agency or local government may not require that existing mechanical equipment located on or above the surface of a roof be installed in compliance with the requirements of the Florida Building Code except during reroofing when the equipment is being replaced or moved during reroofing and is not in compliance with the provisions of the Florida Building Code relating to roof-mounted mechanical units. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 DIVISION OF BUILDING SAFETY 103.1 Creation of enforcement agency.The Division of Building Safety is hereby created and the official in charge thereof shall be known as the B4uilding Oefficial Or Building Code Administrator. 103.2 Appointment. The Building Official shall be appointed by the chief appointing authority of the jurisdiction. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority,the Building Official shall have the authority to appoint a deputy Building Official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Building Official. For the maintenance of existing properties,see 101.4.4 Property maintenance.For provisions related to property maintenance,refer to the City of Boynton Beach Code of Ordinances,Chapter 10,Article IV. 103.4 Restrictions on employees.(Reserved). SECTION 104 DUTIES AND POWERS OF THE-BUILDING OFFICIAL 104.1 General.The Building Official is hereby authorized and directed to enforce the provisions of this code.The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions.Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The Building Official shall receive applications, review Construction Documents and issue Permits for the erection, and Alteration, demolition and moving of buildings and structures,and service systems,inspect the premises for which such Permits have been issued and enforce compliance with the provisions of this code. 10 Page 856 of 919 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas.For applications for reconstruction,rehabilitation,Repair,Alteration, Addition or other improvement of existing buildings or structures located in Flood Hazard Areas,the Building Official shall determine if the proposed work constitutes substantial improvement or Repair of Substantial Damage. Where the Building Official determines that the proposed work constitutes Substantial Improvement or Repair of Substantial Damage, and where required by this code, the Building Official shall require the building to meet the requirements of Section 1612 and Section R322. 104.3 Notices and orders. The Building Official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections.The Building Official shall make all of the required inspections,or the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual.The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification.The Building Official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry.Where it is necessary to make an inspection to enforce the provisions of this code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe,dangerous or hazardous,the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code,provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied,the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry.If entry is refused,the Building Official shall have recourse to the remedies provided by law to secure entry. 104.6.2 When the Building Official obtains a proper inspection warrant or other remedy provided by law to secure entry,no owner or occupant or any other persons having charge,care or control of any building, structure,or premises shall fail or neglect,after proper request is made as herein provided,to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this code. 104.7 Division of records.The Building Official shall keep official records of applications received,Permits and certificates issued,fees collected,reports of inspections,and notices and orders issued.Such records shall be retained in the official records for the period required for retention of public records per FS 119. 104.8 Liability. The Building Official, member of the board of appeals or employee charged with the enforcement of this code,while acting for thejurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or 11 Page 857 of 919 criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.Any suit instituted against an officer or employee or board member because of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.8.1 Legal defense.Any suit or criminal complaint instituted against an officer or employee or board member of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings.The Building Official or any subordinate shall not be liable for cost in any action,suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials,equipment and devices Approved by the Building Official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment.The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless Approved by the Building Official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code,the Building Official shall have the authority to grant modifications for individual cases,upon application of the owner or owner's representative,provided the Building Official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility,life and fire safety,or structural requirements.The details of action granting modifications shall be recorded and entered in the files of the division of building safety. 104.10.1 Flood hazard areas.The Building Official shall coordinate with the floodplain administrator to review requests submitted to the Building Official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 117. 104.11 Alternative materials,design and methods of construction and equipment.The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been Approved.An alternative material,design or method of construction shall be Approved where the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality,strength,effectiveness,Fire Resistance,durability and 12 Page 858 of 919 safety. Where the alternative material, design or method of construction is not Approved,the Building Official shall respond in writing,stating the reasons why the alternative was not Approved. 104.11.1 Research reports.Supporting data,where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from Approved sources. 104.11.2 Tests.Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code,or in order to substantiate claims for alternative materials or methods,the Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction.Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods,the Building Official shall approve the testing procedures.Tests shall be performed by an Approved Agency. Reports of such tests shall be retained by the Building Official for the period required for retention of public records. 104.12 Requirements not covered by code.Any requirements necessary for strength,stability or proper operation of an existing or proposed building,structure,electrical,gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or other technical codes,shall be determined by the Building Official. SECTION 105 PERMITS 105.1 Required.Any contractor,owner or owner's authorized agent in accordance with Florida Statute Chapter 489 who intends to construct,enlarge,alter,repair,move,demolish,or change the occupancy of a building,tenancy or structure,or to erect, install,enlarge,alter, repair,remove,convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing, fire protection systems, accessible elements,flood resistant elements, site drainage elements,the installation of which is regulated by this code or Part III,Chapter 2,Article IV of the BBFL Code of Ordinance,or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit(s).A^y ewrier^ 105.1.1 Annual facility permit. In lieu of an individual Permit for each Alteration to an Existing electrical,gas, mechanical or plumbing or interior nonstructural office system(s),the Building Official is authorized to issue an annual Permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations.The Building Official shall be notified of major changes and shall retain the 13 Page 859 of 919 right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance.A separate permit shall be obtained for each facility and for each construction trade,as applicable.The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual Facility permit records.The person to whom an annual Permit is issued shall keep a detailed record of Alterations made under such annual Permit.The Building Official shall have access to such records at all times or such records shall be filed with the Building Official as designated.The Building Official is authorized to revoke such permit,if code violations are found to exist. 105.1.3 Food permit. In accordance with 500.12,Florida Statutes,a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.1.4 Public swimming pool.The local enforcing agency may not issue a building permit to construct,develop,or modify a public swimming pool without proof of application,whether complete or incomplete,for an operating permit pursuant to Section 514.031,Florida Statutes.A certificate of completion or occupancy may not be issued until such operating permit is issued.The local enforcing agency shall conduct their review of the building permit application upon filing and in accordance with Chapter 553,Florida Statutes.The local enforcing agency may confer with the Department of Health,if necessary,but may not delay the building permit application review while awaiting comment from the Department of Health. 105.2 Work exempt from permit.Exemptions from Permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction, to include work in any special flood hazard area. Exemptions granted under this section do not relieve the owner or contractor from their duty to comply with applicable provisions of the Florida Building Code, and requirements of the Local Floodplain Management Ordinance.As Determined by The Building Official, Permits shall not be required for the following: Building: 1. Building permits are not required for replacement or repair work having a value of less than $1,000.00,providing,however,that such work will not adversely affect the structural integrity, fire rating,exit access or egress requirements. 2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work, with no electrical or plumbing work. 14 Page 860 of 919 3. Temporary motion picture,television and theater sets and scenery. 4. Traditional swings and other standard playground equipment accessory to detached one-and two-family dwellings,but they may be subject to Zoning permits. 5. Retractable awnings supported by an exterior wall and do not require additional support of Groups R-3 and U occupancies,but they may be subject to Zoning permits. 6. In the case of roofing repairs,a permit may not be required for work having a value of less than $500,unless such work effects the structural integrity of the roof. 7. The installation of one (1) accessory building (tool shed, etc.) per single family residence/lot, with the accessory building having a size less than or equal to 100 square feet. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of Approved portable electrical equipment to Approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions,but do apply to equipment and wiring for a power supply and the installations of towers and antennas-_except as exempted by Florida Statute Chapter 489.503(14). Temporary testing systems:A Permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1.Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1.Portable heating appliance. 2.Portable ventilation equipment. 3.Portable cooling unit. 15 Page 861 of 919 4.Steam,hot or chilled water piping within any heating or cooling equipment regulated by this code. 5.Replacement of any part that does not alter its approval or make it unsafe. 6.Portable evaporative cooler. 7.Portable s-Self-contained refrigeration system containing 10 pounds(5 kg)or less of refrigerant and actuated by motors of 1 horsepower(746 W)or less. 8. The installation,replacement, removal or metering of any electrical load management control device where installed by a utility service provider. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes,valves or fixtures and the removal and reinstallation of water closets,provided such repairs do not involve or require the replacement or rearrangement of valves,pipes or fixtures. 3. The replacement of common household plumbing fixtures to existing supply lines and outlets in 1&2 Family Dwellings_This does not include water heaters,bathtubs,or showers. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation,the Permit application shall be submitted within the next working business day to the Building Official. Notification shall be given to the Building Official,including the work address, nature of emergency,and scope of work immediately,or by the next business day. 105.2.2.Minor repairs.Ordinary minor repairs may be made with the approval of the Building Official without a permit, provided the repairs shall not include the cutting away of any wall, partition or portion thereof,the removal or cutting of any structural beam or load-bearing support,or the removal or change of any required Means Of Egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include Addition to, Alteration of, replacement or relocation of any standpipe,water supply,sewer,drainage,drain leader,gas,soil,waste,vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety,and such repairs shall not violate any of the provisions of the technical codes. 16 Page 862 of 919 105.2.3 Public service agencies.A Permit shall not be required for the installation,Alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. 105.3 Application for permit.To obtain a Permit,the applicant shall first file an application therefore in writing on a form furnished by the D4ivision of 134uilding Safety for that purpose. Permit application forms shall be in the format prescribed by a local administrative board,if applicable, and must comply with the requirements of Section 713.135(5)and(6),Florida Statutes. Each application shall be inscribed with the date of application,and the code in effect as of that date.For a building permit for which an application is submitted prior to the effective date of the Florida Building Code,the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. Effective October 1,2017,a local enforcement agency shall post each type of building permit application on its website. Completed applications must be able to be submitted electronically to the appropriate division of building safety. Accepted methods of electronic submission include,but are not limited to,e- mail submission of applications in portable document format or submission of applications through an electronic fill-in form available on the division of building safety's website or through a third-party submission management software. Payments, attachments, or drawings required as part of the permit application may be submitted in person in a non-electronic format, at the discretion of the Building Official. 105.3.1 Action on application.The Building Official shall examine or cause to be examined applications for Permits and amendments thereto within a reasonable time after filing. If the application or the Construction Documents do not conform to the requirements of pertinent laws,the Building Official shall reject such application in writing,stating the reasons therefore.If the Building Official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto,the Building Official shall issue a Permit therefore as soon as practicable. When authorized through contractual agreement with a school board,in acting on applications for permits,the Building Official shall give first priority to any applications for the construction of,or addition or renovation to, any school or educational facility. 105.3.1.1 If a state university, Florida college or public school district elects to use a local government's code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings,structures,and facilities of state universities, state colleges,and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. 105.3.1.2 No permit may be issued for any building construction,erection,alteration,modification, repair,or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is 17 Page 863 of 919 to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471,Florida Statutes: 1. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than$125,000. 2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. Personnel as authorized by chapter 633 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation,addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Heating,ventilation, and air-conditioning documents for any new building or addition which requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or more persons or for which the system costs more than$125,000.This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one,two,three or four-family structure. An air-conditioning system may be designed by an installing air-conditioning contractor certified under Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of $125,000 or less; and when a 15-ton-per system or less is designed for a singular space of a building and each 15-ton system or less has an independent duct system.Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1:When a space has two 10-ton systems with each having an independent duct system, the contractor may design these two systems since each unit(system)is less than 15 tons. Example 2: Consider a small single-story office building which consists of six individual offices where each office has a single three-ton package air conditioning heat pump.The six heat pumps are connected to a single water cooling tower.The cost of the entire heating,ventilation and air- conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18-ton system. NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building. 4. Any specialized mechanical,electrical,or plumbing document for any new building or addition which includes a medical gas,oxygen,steam,vacuum,toxic air filtration,halon,or fire detection and alarm system which costs more than$5,000. 18 Page 864 of 919 5. Electrical documents.(See Florida Statutes,Section 471.003(2)(h)).Any electrical or plumbing or air conditioning and refrigeration system meeting the following thresholds are required to be designed by a Florida Registered Engineer. Any system which: 1. Requires an electrical or plumbing or air-conditioning and refrigeration system with a value greater than$125,000;and 2.a. Requires an aggregate service capacity of greater than 600 amperes(240 volts)on a residential electrical system or greater than 800 amperes(240 volts) on a commercial or industrial electrical system; b. Requires a plumbing system with more than 250 fixture units;or c. Requires a heating,ventilation, and air-conditioning system which exceeds a 15-ton- per-system capacity,or if the project is designed to accommodate more than 100 persons. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed,dated,and stamped such document as provided in Section 471.025,Florida Statutes. 6. All public swimming pools and public bathing places defined by and regulated under Chapter 514,Florida Statutes 105.3.2 Time limitation of application. An application for a Permit for any proposed work shall be deemed to have been abandoned becoming null and void 180 days after the date of filing,or for any 6 months J180 daysl period of abandonment or suspension during the application process, unless such application has been pursued in good faith or a Permit has been issued;except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each.The extension shall be requested in writing prior to the abandonment date,with justifiable cause demonstrated. Abandoned applications shall be subject to destruction in accordance with state law. The fee for renewal, re-issuance, and extension of a permit application shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit application extensions and renewals. 105.3.3 An enforcing authority may not issue a building permit for any building construction,erection, alteration,modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit,there may be additional restrictions applicable to this property that may be found in the public records of this county, such as the requirement for Home or Property Owners Association approval, and there may be additional permits required from other governmental entities such as water management districts,state agencies,or federal agencies." 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefore unless unusual circumstances require a longer time for processing the 19 Page 865 of 919 application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes,Workers'Compensation,every employer shall,as a condition to receiving a building permit,show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38,Florida Statutes. 105.3.6 Asbestos removal contractor exemption.Refer to Section 105.9 for additional requirements. A licensed asbestos removal contractor is not required when moving,removal or disposal of asbestos- containing materials on a residential building where the owner occupies the building,the building is not for sale or lease,and the work is performed according to the owner-builder limitations provided in this paragraph.To qualify for exemption under this paragraph,an owner must personally appear and sign the building permit application.The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors.You have applied for a permit under an exemption to that law.The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license.You must supervise the construction yourself.You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease,or the building is a farm outbuilding on your property.If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption.You may not hire an unlicensed person as your contractor.Your work must be done according to all local,state and federal laws and regulations which apply to asbestos abatement projects.It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.3.7 Applicable Code for Manufactured Buildings.Manufacturers should be permitted to complete all buildings designed and approved prior to the effective date of a new code edition,provided a clear signed contract is in place. The contract shall provide specific data mirroring that required by an application for permit,specifically,without limitation,date of execution,building owner or dealer,and anticipated date of completion. However,the construction activity must commence within 6 months of the contract's execution.The contract is subject to verification by the Department of Business and Professional Regulation. 105.3.8 Public right of way.A permit shall not be issued by the Building dfficial for the construction, alteration,or relocation of any building,structure,or system impacting any street,alley or public lane, unless the applicant has received a right of way permit from the authority having jurisdiction over the right of way. 20 Page 866 of 919 I--- 105.4 Conditions of the permit.The issuance or granting of a Permit shall not be construed to be a Permit for,or an approval of,any violation of any of the provisions of this code or of any other ordinance of any other federal,state and local laws,ordinances,codes and regulations.Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of any other federal,state and local laws,ordinances,codes and regulations shall not be valid.The issuance of a Permit based on Construction Documents and other data shall not prevent the Building Official from requiring the correction of errors in the Construction Documents and other data. The Building Official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction or of any other federal,state and local laws,ordinances,codes and regulations. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate,cancel,alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans,construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months(180 Days)after its issuance,or if the work authorized by such permit is suspended or abandoned for a period of six months(180 Days)after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment,a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit,or revalidation(renewal)of the original permit,is not obtained within six months 180 daysl from the date the initial permit became null and void, the Building Official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction,order or similar process, or due to action by an environmental or archeological agency having jurisdiction. The Building Official is authorized to grant,in writing,one or more extensions of time,for periods not more than 3 months each. The extension shall be requested in writing and justifiable cause demonstrated,prior to expiration. 21 Page 867 of 919 105.4.1.4 The fee for renewal, reissuance and extension of a permit shall be set forth by the administrative authority.There may be fees or requirements from other government agencies for permit extensions and renewals. 105.5 Expiration.Every permit issued shall become inactive or expired pursuant to Section 105.4.1 of this code, and shall be renewed pursuant to Section 105.4.1.1 of this code before the work may resume. Permits that remain inactive or expired far more than six months(180 Days)shall lose all rights vested in the permit pursuant to Section 105.4.1.2 of this code. In order to complete the work authorized under a permit which has loss all vested rights,the permit holder and property owner shall be responsible to either remove the work from the site or obtain a new permit to complete all work in accordance with the current code _reguirements and approved permitted plans. Inspections performed and accepted prior to expiration may be accepted subject to the discretion of the Building Official. -,Rless the v0ark 9-R the site is eemprierieed withiR 199 days after 105.5.1 Additional options for closing a permit. Pursuant to Section 553.79(15), Florida Statutes, a Formatted:Font:Bold property owner, regardless of whether the property owner is the one listed on the application for the building permit,may close a building permit by complying with the following requirements: 1.) The property owner may retain the original contractor listed on the permit or hire a different contractor appropriately licensed in this state to perform the work necessary to satisfy the conditions of the permit and to obtain any necessary inspection in order to close the permit. If a contractor other than the original contractor listed on the permit is hired by the property owner to close the permit, such contractor is not liable for any defects in the work performed by the original contractor and is only liable for the work that he or she performs. 2.) The property owner may assume the role of an owner-builder, in accordance with Sections 489.103(7)and 489.503(6),Florida Statutes. 3._) If a building permit is expired and its requirements have been substantially completed and no life safety issues exist as determined by the local enforcement agency,the permit may be closed without having to obtain a new building permit, and the work required to close the permit may be done pursuant to the building code in effect at the time the local enforcement agency received the application for the permit, unless the contractor has sought and received approval from the local enforcement agency for an alternative material,design or method of construction. 22 Page 868 of 919 4.)A local enforcement agency may close a building permit 6 years after the issuance of the permit, even in the absence of a final inspection,if the local enforcement agency determines that no apparent safety hazard exists. 105.5.1.1 For purposes of this section,the term `°close" means that the requirements of the permit Formatted:Font:Bold have been satisfied. 105.5.1.2 For the purposes of this subsection,an open permit shall mean a permit that has not satisfied Formatted:Font:Bold all requirements for completion as listed in Section f^V^;^,.t r^,., pew— —at has beeR the QJW;PiG1 @ii r wfs fer^ pleb^r as defined cam,495.544. after(40.1 years ef expipatieR wheR Re safety hazard exists and Re Geale vielat;eRs have beeR previeusly W„4-,� 105.5.2 Responsibility to Close Permits. Closing out or resolving open or expired permits shall be the responsibility of the permit applicant and the property owner. Failure to close out or resolve open permits may result in a referral of the matter to the Florida Department of Business and Professional Regulations-Construction Industry Licensing Board(CILB)or Palm Beach County Construction Industry Licensing Board(CILB),as applicable,and the Boynton Beach Community Standards Division. 105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because the plan,or the construction,erection,alteration,modification,repair,or demolition of a building,is found by the local enforcing agency to be not in compliance with the Florida Building Code,the local enforcing agency shall identify the specific plan or project features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permit applicant. If the local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the local building code administrator or inspector shall identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based,and provide this information to the local enforcing agency. The local enforcing agency shall provide this information to the permit applicant. 23 Page 869 of 919 105.6.1Arms Length Purchaser-Pursuant to Section 553.79(16), Florida Statutes,a local enforcement agency may not deny issuance of a building permit to; issue a notice of violation to; or fine, penalize sanction or assess fees against an arm's-length purchaser of a property for value solely because a building permit applied for by a previous owner of the property was not closed.The local enforcement agency shall maintain all rights and remedies against the property owner and contractor listed on the ermit. 105.6.2 Discipline. Pursuant to Section 553.79(16), Florida Statutes, a local enforcement agency may not deny issuance of a building permit to a contractor solely because the contractor is listed on other building permits that were not closed. However,the Building Official may elect to refer violations to the appropriate licensing authority for potential discipline. 105.6.3.1 Misrepresentation of application. The Building Official may revoke a permit or approval, issued under the provisions of this code,when there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. 105.6.42 Violation of code provisions.The Building Official may require correction or revoke the permit upon determination by the Building Official that the construction,erection,alteration,repair,moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. 105.7 Placement of permit.The building Permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement.In accordance with Section 713.135,Florida Statutes,when any person applies for a building permit,the authority issuing such permit shall print on the face of each permit card in no less than 14-point,capitalized,boldfaced type:"WARNING TO OWNER:YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING,CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos.The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003,Florida Statutes,and to notify the Department of Environmental Protection of his or her intentions to remove asbestos,when applicable, in accordance with state and federal law. Refer to Section 105.3.6 "Asbestos Removal Contractor Exemption"of this code for additional requirements. 105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed,providing a copy for the person the permit is issued to and another copy for the building permit files.The treatment certificate shall provide the product used,identity of the applicator, 24 Page 870 of 919 time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used,to establish a verifiable record of protective treatment.If the soil chemical barrier method for termite prevention is used,final exterior treatment shall be completed prior to final building approval. For a bait system, see Section 1816.1.7 of the Florida Building Code for contract document requirements. 105.11 Notice of termite protection.A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided.The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance.Upon written request and approval of the Building Official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection.This provision only applies to the Florida Building Code,all other agency approvals necessary for construction must be secured prior to this provision being applied. 105.13 Phased permit approval. After submittal of the appropriate construction documents,the Building Official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit forthe entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. This provision only applies to the Florida Building Code,all other agency approvals necessary for construction must be secured prior to this provision being applied. 105.14 Permit issued on basis of an affidavit. The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures,the affidavit shall state that the plans conform to the laws as to egress,type of construction and general arrangement and,if accompanied by drawings,show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains,loads and stability.Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the Building Official,are hazardous or complex,the Building Official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work.In addition,they shall be responsible for conformity to the permit,provide copies of inspection reports as inspections are performed,and upon completion make and file with the Building Official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the Building Official. The Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468,Florida Statutes,and that any person conducting inspections is qualified as a building 25 Page 871 of 919 inspector under Part III of Chapter 468,Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the Building Official(See also Section 107.6). Exception:Permit issued on basis of an affidavit shall not extend to the flood load and flood resistance requirements of the Florida Building Code. 105.15 Opening protection.When any activity requiring a building permit that is applied for on or after July 1, 2008, and for which the estimated cost is$50,000 or more for a site built single-family detached residential structure that is located in the wind borne debris region as defined in this Code and that has an insured value of$750,000 or more, or,if the site built single-family detached residential structure is uninsured or for which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad valorem taxation of$750,000 or more;opening protections as required within this Code or Florida Building Code,Residential for new construction shall be provided. Exception: Single family residential structures permitted subject to the Florida Building Code are not required to comply with this section. 105.16 Inspection of existing residential building not impacted by construction. (a)A local enforcing agency, and any local building code administrator, inspector, or other official or entity, may not require as a condition of issuance of a one-or two-family residential building permit the inspection of any portion of a building,structure,or real property that is not directly impacted by the construction,erection,alteration,modification,repair,or demolition of the building,structure,or real property for which the permit is sought. (b)This subsection does not apply to a building permit sought for: 1. A substantial improvement as defined in Section 161.54, Florida Statutes or as defined in the Florida Building Code. 2.A change of occupancy as defined in the Florida Building Code. 3.A conversion from residential to nonresidential or mixed use pursuant to Section 553.507(2)(a), Florida Statutes or as defined in the Florida Building Code. 4.A historic building as defined in the Florida Building Code. (c)This subsection does not prohibit a local enforcing agency,or any local building code administrator, inspector,or other official or entity,from: 1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection conducted in accordance with the prohibition in paragraph(a). 2.Inspecting a physically nonadjacent portion of a building,structure,or real propertythat is directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought in accordance with the prohibition in paragraph(a). 26 Page 872 of 919 3. Inspecting any portion of a building, structure, or real property for which the owner or other person having control of the building,structure,or real property has voluntarily consented to the inspection of that portion of the building, structure, or real property in accordance with the prohibition in paragraph(a). 4.Inspecting any portion of a building,structure,or real property pursuant to an inspection warrant issued in accordance with Sections 933.20-933.30,Florida Statutes. 105.17 Streamlined low-voltage alarm system installation permitting. (1) As used in this section,the term: (a) "Contractor"means a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the department under part II of chapter 489. (b) "Low-voltage alarm system project" means a project related to the installation, maintenance, inspection, replacement, or service of a new or existing alarm system, as defined in s. 489.505,that is hardwired and operating at low voltage,as defined in the National Electrical Code Standard 70,Current Edition,or a new or existing low-voltage electric fence,and ancillary components or equipment attached to such a system or fence, including, but not limited to, home-automation equipment, thermostats, closed-circuit television systems,access controls,battery recharging devices,and video cameras. (c) "Low-voltage electric fence"means an alarm system,as defined ins.489.505,that consists of a fence structure and an energizer powered by a commercial storage battery not exceeding 12 volts which produces an electric charge upon contact with the fence structure. (d) "Wireless alarm system"means a burglar alarm system or smoke detectorthat is not hardwired. (2) Notwithstanding any provision of law,this section applies to all low-voltage alarm system projects for which a permit is required by a local enforcement agency.However,a permit is not required to install, maintain, inspect, replace, or service a wireless alarm system, including any ancillary components or equipment attached to the system. (3) A low-voltage electric fence must meet all of the following requirements to be permitted as a low- voltage alarm system project,and no further permit shall be required for the low-voltage alarm system project other than as provided in this section: (a) The electric charge produced by the fence upon contact must not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission Standard No.60335-2-76,Current Edition. (b) A nonelectric fence or wall must completely enclose the low-voltage electric fence.The low-voltage electric fence may be up to 2 feet higher than the perimeter nonelectric fence or wall. 27 Page 873 of 919 (c) The low-voltage electric fence must be identified using warning signs attached to the fence at intervals of not more than 60 feet. (d) The low-voltage electric fence shall not be installed in an area zoned exclusively for single-family or multi-family residential use. (e) The low-voltage electric fence shall not enclose the portions of a property which are used for residential purposes. (4) This section does not apply to the installation or replacement of a fire alarm if a plan review is required. (5) A local enforcement agency shall make uniform basic permit labels available for purchase by a contractor to be used for the installation or replacement of a new or existing alarm system at a cost of not more than$40 per label per project per unit.The local enforcement agency may not require the payment of any additional fees,charges,or expenses associated with the installation or replacement of a new or existing alarm system. (a) A local enforcement agency may not require a contractor, as a condition of purchasing a label, to submit any information other than identification information of the licensee and proof of registration or certification as a contractor. (b) A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction of the local enforcement agency that issued the label.A contractor may purchase labels in bulk for one or more unspecified current or future projects. (6) A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of the low-voltage alarm system project site before commencing work on the project. (7) A contractor is not required to notify the local enforcement agency before commencing work on a low-voltage alarm system project.However,a contractor must submit a Uniform Notice of a Low-Voltage Alarm System Project as provided under subsection (8)to the local enforcement agency within 14 days after completing the project.A local enforcement agency may take disciplinary action against a contractor who fails to timely submit a Uniform Notice of a Low-Voltage Alarm System Project. (8) The Uniform Notice of a Low-Voltage Alarm System Project may be submitted electronically or by facsimile if all submissions are signed by the owner,tenant, contractor,or authorized representative of such persons. The Uniform Notice of a Low-Voltage Alarm System Project must contain the following information: UNIFORM NOTICE OF A LOW-VOLTAGE ALARM SYSTEM PROJECT Owner's or Customers Name 28 Page 874 of 919 Owner's or Customer's Address City State Zip Phone Number E-mail Address Contractor's Name Contractor's Address City State Zip Phone Number Contractor's License Number Date Project Completed Scope of Work Notice is hereby given that a low-voltage alarm system project has been completed at the address specified above.I certify that all of the foregoing information is true and accurate. (Signature of Owner,Tenant,Contractor,or Authorized Representative) (9) A local enforcement agency may coordinate directly with the owner or customer to inspect a low- voltage alarm system project to ensure compliance with applicable codes and standards.If a low-voltage alarm system project fails an inspection,the contractor must take corrective action as necessary to pass inspection. (10) A municipality, county,district, or other entity of local government may not adopt or maintain in effect any ordinance or rule regarding a low-voltage alarm system project that is inconsistent with this section. (11) A uniform basic permit label shall not be required for the subsequent maintenance,inspection,or service of an alarm system that was permitted in accordance with this section. The provisions of this act are not intended to impose new or additional licensure requirements on persons licensed in accordance with the applicable provisions of chapter 489,Florida Statutes. 29 Page 875 of 919 SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted.Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf(2.40 kN/m2),such design live loads shall be conspicuously posted by the owner or the owner's authorized agent in that part of each Story in which they apply,using durable signs.It shall be unlawful to remove or deface such notices 106.2 Issuance of certificate of occupancy.A certificate of occupancy required by Section 111 shall not be issued until the floor load signs,required by Section 106.1,have been installed. 106.3 Restrictions on loading.It shall be unlawful to place,or cause or permit to be placed,on any floor or roof of a building,structure or portion thereof,a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of Construction Documents, statement of Special Inspections,geotechnical report and other data shall be submitted in two or more sets with each Permit application.The Construction Documents shall be prepared by a Registered Design Professional where required by Chapter 471, Florida Statutes&61G15 Florida Administrative Code or Chapter 481, Florida Statutes & 61G1 Florida Administrative Code. Where special conditions exist, the Building Official is authorized to require additional Construction Documents to be prepared by a Registered Design Professional. Electronic media documents shall be submitted when required by the Building Official,in a format acceptable to the Building Official,and may require only one set of submittals. Exception:The Building Official is authorized to waive the submission of Construction Documents and other data not required to be prepared by a Registered Design Professional if it is found that the nature of the work applied for is such that review of Construction Documents is not necessary to obtain compliance with this code. If the design professional is an architect,interior designer,or engineer legally registered under the laws of this state regulating the practice of architecture or interior design as provided for in Chapter 481,Florida Statutes, Part I, or landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, or engineering as provided for in Chapter 471, Florida Statutes,then he or she shall affix his or her official seal to said drawings,specifications and accompanying data,as required by Florida Statute. 107.2 Construction documents. Construction Documents shall be in accordance with Sections 107.2.1 through 107.2.6. 107.2.1 Information on construction documents. 30 Page 876 of 919 Construction Documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when Approved by the Building Official. Construction Documents shall be of sufficient clarity to indicate the location,nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the Building Official. Such drawings and specifications shall contain information,in the form of notes or otherwise,as to the quality of materials,where quality is essential to conformity with the technical codes. Such information shall be specific,and the technical codes shall not be cited as a whole or in part, nor shall the term"legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. 107.2.1.1 For roof assemblies required by the code, the construction documents shall illustrate, describe and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer certifying suitability for the specific site must be submitted with the construction documents. 107.2.1.2 Additional data.The Building Official may require details,computations,stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings,specifications and accompanying data required by the Building Official to be prepared by an architect or engineer shall be affixed with their official seal,signature and date as state law requires. 107.2.1.3 Quality of building plans.Building plans shall be drawn to a minimum 1/8 inch scale upon substantial paper,cloth or other acceptable medium.The Building Official may establish, through Departmental policy,other standards for plans and specifications,including electronic format,in order to provide conformity to its electronic permit review and record retention program.This policy may include such things as minimum size,shape,contrast,clarity,or other items related to records management.Electronic media must be compatible with the archive requirements of Florida Statutes. 107.2.2 Fire protection system shop drawings.Shop drawings for the Fire Protection System(s)shall be submitted to indicate conformance to this code and the Construction Documents and shall be Approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 107.2.3 Means of egress. The Construction Documents shall show in sufficient detail the location, construction, size and character of all portions of the Means Of Egress including the path of the Exit Discharge to the Public Way in compliance with the provisions of this code.In other than occupancies in Groups R-2,R-3,and I-1,the Construction Documents shall designate the number of occupants to be accommodated on every floor,and in all rooms and spaces. 31 Page 877 of 919 107.2.4 Exterior wall envelope. Construction Documents for all buildings shall describe the Exterior Wall Envelope in sufficient detail to determine compliance with this code.The Construction Documents shall provide details of the Exterior Wall Envelope as required, including flashing, intersections with dissimilar materials,corners,end details,control joints,intersections at roof,eaves or parapets,means of drainage,water-resistive membrane and details around openings. The Construction Documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the Construction Documents maintain the weather resistance of the Exterior Wall Envelope.The supporting documentation shall fully describe the Exterior Wall system which was tested,where applicable,as well as the test procedure used. 107.2.5 Exterior balcony and elevated walking surfaces. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain,snow or irrigation,and the structural framing is protected by an impervious moisture barrier the construction documents shall include details for all element of the impervious moisture barrier system. The construction documents shall include manufacturer's installation instructions.(CA7834) 107.2.5-6 Site plan.The Construction Documents submitted with the application for Permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site,distances from Lot Lines,the established street grades and the proposed finished grades and,as applicable,flood hazard areas,floodways,and Design Flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition,the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot.The site plan shall include accessible parking and accessible routes as required by the FBC Accessibility when applicable. The Building Official is authorized to waive or modify the requirement for a site plan when the application for Permit is for Alteration or repair or when otherwise warranted. 107.2.66.1 Design flood elevations.Where Design Flood elevations are not specified,they shall be established in accordance with Section 1612.3.1.Design flood elevations shall be uniformly specified utilizing the currently effective NAVD 88. 107.2.65.2 For the purpose of inspection and record retention, site plans for a building may be maintained in the form of an electronic copy at the worksite.These plans must be open to inspection by the Building Official or a duly authorized representative,as required by the Florida Building Code. 107.2.76 Structural information.The Construction Documents shall provide the information specified in Section 1603 and include shoring details, where applicable, for new construction and alterations. Where construction includes excavation, shoring details shall demonstrate protection of the angle of repose for foundation systems of existing adjacent structures. 32 Page 878 of 919 107.3 Examination of documents. The Building Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. Exceptions: 1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state-approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection,assembly or construction at the site.Erection,assembly (including utility crossover connections)and construction at the site are subject to local permitting and inspections.Photocopies of plans approved according to FAC 61-41.009,Florida Administrative Code,shall be sufficient for local permit application documents of record for the modular building portion of the permitted project. 2.Industrial construction on sites where design,construction and fire safety are supervised by appropriately licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt,subject to approval by the Building Official,from review of plans and inspections,providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors. 107.3.1 Approval of construction documents. When the Building Official issues a Permit, the Construction Document shall be Approved,in writing or by stamp,as"Reviewed for Code Compliance." One set of Construction Documents so reviewed shall be retained by the Building Official.The other set shall be returned to the applicant,shall be kept at the site of work and shall be open to inspection by the Building Official or a duly authorized representative. 107.3.2 Previous approvals. This code shall not require changes in the Construction Documents, construction or designated occupancy of a structure for which a lawful Permit has been heretofore issued or otherwise lawfully authorized,and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval.(See also Section 105.13 of this code.)The Building Official is authorized to issue a Permit for the construction of foundations or any other part of a building or structure before the Construction Documents for the whole building or structure have been submitted,provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code.The holder of such Permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a Permit for the entire structure will be granted.This provision only applies to the Florida Building Code;all other agency approvals necessary for construction must be secured prior to this provision being applied. 107.3.4 Design professional in responsible charge.Where it is required that documents be prepared by a Registered Design Professional,the Building Official shall be authorized to require the Owner or 33 Page 879 of 919 the owner's authorized agent to engage and designate on the building Permit application a Registered Design Professional who shall act as the Registered Design Professional In Responsible Charge. If the circumstances require, the Owner or the owner's authorized agent shall designate a substitute Registered Design Professional In Responsible Charge who shall perform the duties required of the original Registered Design Professional In Responsible Charge.The Building Official shall be notified in writing by the Owner or the owner's authorized agent if the Registered Design Professional In Responsible Charge is changed or is unable to continue to perform the duties. The Registered Design Professional In Responsible Charge shall be responsible for reviewing and coordinating submittal documents prepared by others,including phased and deferred submittal items, for compatibility with the design of the building. Those products which are regulated by FAC Rule 61G20 shall be reviewed and approved in writing by the designer of record prior to submittal for jurisdictional approval. 107.3.4.1 Deferred submittals.For the purposes of this section,deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Official. Deferral of any submittal items shall have the prior approval of the Building Official.The Registered Design Professional in Responsible Charge shall list the deferred submittals on the Construction Documents for review by the Building Official. Documents for deferred submittal items shall be submitted to the Registered Design Professional In Responsible Charge who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building.The deferred submittal items shall not be installed until the deferred submittal documents have been Approved by the Building Official. 107.3.4.2 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471,Florida Statutes,or Chapter 481 Florida Statutes,by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapters 471,481 or 489,Florida Statutes. 107.3.5 Minimum plan review criteria for buildings.The examination of the documents by the Building Official shall include the following minimum criteria and documents:a floor plan;site plan;foundation plan;floor/roof framing plan or truss layout;all fenestration penetrations;flashing;and rough opening dimensions;and all exterior elevations: Commercial Buildings: 34 Page 880 of 919 Building 1.Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydrant/water supply/post indicator valve(PIV) Set back/separation(assumed property lines) Location of specific tanks,water lines and sewer lines Flood hazard areas,flood zones,and design flood elevations 2.Occupancy group and special occupancy requirements shall be determined (with cross check with the energy code submittal). 3.Minimum type of construction shall be determined(see Table 503). 4.Fire-resistant construction requirements shall include the following components: Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated walls Fire blocking and draftstopping and calculated fire resistance 5.Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems Riser diagram 6.Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic Safeguards during construction,as applicable 7.Occupancy load/egress requirements shall include: Occupancy load Gross Net Means of egress 35 Page 881 of 919 Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements Horizontal exits/exit passageways 8.Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope(including Section 107.2.4 of this code) Impact resistant coverings or systems Structural calculations(if requirerequested) Foundation Flood requirements in accordance with Section 1612,including lowest floor elevations,enclosures, flood damage-resistant materials Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9.Materials shall be reviewed and shall at a minimum include the following: Wood Steel Aluminum Concrete Plastic Glass Masonry Gypsum board and plaster Insulating(mechanical) Roofing Deck coatings Insulation Building envelope portions of the Energy Code(including calculation and mandatory requirements) 10.Accessibility requirements shall include the following: Site requirements 36 Page 882 of 919 Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements 11.Interior requirements shall include the following: Interior finishes(flame spread/smoke development) Light and ventilation (including corresponding portion of the energy code) Sanitation 12.Special systems: Elevators Escalators Lifts 13.Energy Code submittal 14-3.Swimming pools: Barrier requirements Spas Wading pools 154.Location and installation details.The specific location and installation details of each fire door, fire damper, ceiling damper and smoke damper shall be shown and properly identified on the building plans by the designer. Electrical 1. Electrical: Wiring Services Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials GFCIs Electrical portions of the Energy Code(including calculation and mandatory requirements) 2. Equipment 37 Page 883 of 919 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 8. Design flood elevation Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back flow prevention 9. Irrigation 10.Location of water supply line 11.Grease traps 12.Environmental requirements 13.Plumbing riser 14.Design flood elevation 15. Water/plumbing portions of the Energy Code (including calculation and mandatory requirements) 38 Page 884 of 919 Mechanical 1. Mechanical portions of the Energy calculations 2. Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof-mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 10.Chimneys,fireplaces and vents 11.Appliances 12.Boilers 13.Refrigeration 14.Bathroom ventilation 15.Laboratory 16.Design flood elevation Gas 1. Gas piping 2. Venting 3. Combustion air 39 Page 885 of 919 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagram/shutoffs 10.Design flood elevation 11.Gas portions of the Energy Code(including calculation and mandatory requirements) Demolition 1. Asbestos removal Residential(one-and two-family): 1. Site requirements: Set back/separation(assumed property lines) Location of septic tanks 2. Fire-resistant construction(if required) 3.Fire 4-3. Smoke detector locations 54. Egress Egress window size and location stairs construction requirements 6�. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials, connector tables,and structural calculations(if required) Termite protection Design loads Wind requirements 40 Page 886 of 919 Building envelope Structural calculations(if requested) Foundation Wall systems Floor systems Roof Systems 7. Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment,and flood damage-resistant materials 84.Accessibility requirements:show/identify accessible bath 9�.Impact resistant coverings or systems 108.Residential Energy Code submittal(including calculation and mandatory requirements) 118.Electrical: Electric service riser with wire sizes,conduit detail and grounding detail Complete load calculations,Panel schedules 128.Mechanical: Equipment and location,Duct systems 13-1.Plumbing: Plumbing riser 148.Gas: Gas piping Venting Combustion air Chimneys and vents Appliances Type of gas Fireplaces LP tank location 41 Page 887 of 919 Riser diagram/shutoffs latieRs 154.Swimming Pools Barrier requirements Spas Wading pools Manufactured buildings/housing- 1. Site requirements Setback/separation(assumed property lines) Location of septic tanks(if applicable) 2. Structural Wind zone Anchoring Blocking 3. Plumbing List potable water source and meter size(if applicable) 4. Mechanical Exhaust systems Clothes dryer exhaust Kitchen equipment exhaust 5. Electrical exterior disconnect location Exemptions. Plans examination by the Building Official shall not be required for the following work: 1. Replacing existing equipment such as mechanical units,water heaters,etc.; 2. Reroofs(as determined by leGal j ,V; GtieR Building official); 3. Minor electrical,plumbing and mechanical repairs; 4. Annual maintenance permits; 5. Prototype plans: Except for local site adaptions, siding, foundations and/or modifications. Except for structures that require waiver;or 6. Manufactured buildings plan except for foundations and modifications of buildings on site and as listed above in manufactured buildings/housing. 42 Page 888 of 919 107.4 Amended construction documents. Work shall be installed in accordance with the Approved Construction Documents,and any changes made during construction that are not in compliance with the Approved Construction Documents shall be resubmitted for approval as an amended set of Construction Documents. 107.5 Retention of construction documents. One set of Approved Construction Documents shall be retained by the Building Official for a period of not less than 180 days from date of completion of the permitted work,or as required by state or local laws. 107.6 Affidavits.The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes.For buildings and structures,the affidavit shall state that the plans conform to the laws as to egress,type of construction and general arrangement and,if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength,stresses,strains,loads and stability.The Building Official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the Building Official copies of inspection reports as inspections are performed and upon completion of the structure,electrical,gas,mechanical or plumbing systems a certification that the structure,electrical,gas,mechanical or plumbing system has been erected in accordance with the requirements of the technical codes.Where the Building Official relies upon such affidavit,the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances.The Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468,Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the Building Official (See also Section 105.14).On applications in which private provider services are utilized, all time frames shall adhere to time frames as indicated in Florida Statutes 553.791 7(a). 107.6.1 Building permits issued on the basis of an affidavit in special flood hazard areas. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Parts 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Sections 105.14 and 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General.The Building Official is authorized to issue a Permitfor temporary structures and temporary uses. Such Permits shall be limited as to time of service, but shall not be permitted for more than 180 days.The Building Official is authorized to grant extensions for demonstrated cause. 43 Page 889 of 919 108.2 Conformance.Temporary structures and uses shall comply with the requirements in Section 3103. 108.3 Temporary power.The Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued.The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting,heat or power in NFPA 70. 108.4 Termination of approval. The Building Official is authorized to terminate such Permit for a temporary structure or use and to order the temporary structure to be removed wand the use to be discontinued. SECTION 109 FEES 109.1 Payment of fees.A Permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a Permit be released until the additional fee,if any,has been paid. 109.1.1 Other fees.A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees,water and sewer capital facility fees, City Park&Recreation fees,Fire Division fees,City Green Building Fee,Palm Beach County Impact fees and State of Florida fees.Water and sewer facility fees are established in Chapter 26 of the City of Boynton Beach Code of Ordinances.The Fire Division fees are established in Chapter 9 of the City of Boynton Beach Code of Ordinances.The City Green Building fee is established in the City of Boynton Beach Code Land Development Regulations Chapter 2,Article 1,Section 5.The city may elect to collect Palm Beach County Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF). When applicable, the administrative portion of the Art in Public Places fee(30%of the total Art fee)is due prior to permit issuance. ® Formatted:Indent:Left: 0.5",Space After: 8 pt,Line spacing: Multiple 1.08 li,Adjust space between Latin and 109.2 Schedule of permit fees.On buildings,structures,electrical,gas,mechanical,and plumbing systems Asian text,Adjust space between Asian text and numbers or Alterations requiring a Permit,a fee for each Permit shall be paid as required,in accordance with the schedule as established by the applicable governing authority. 109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following: • Permits; • Plans examination; 44 Page 890 of 919 • Certificates of competency(including fees for applications, examinations, renewal, late renewal, and reciprocity); • Re-inspections; • Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board); • Variance requests; • Administrative appeals; • Violations;and • Other fees as established by local resolution or ordinance. 109.3 Building permit valuations. For permitting purposes,tThe applicant for a Permit shall provide an estimated Permit value at time of application. Permit valuations shall include total value of work or total replacement value of work, including materials and labor for which the permit is being issued, such as structural,electric,plumbing,mechanical,interior finish,relative site work,architectural and design fees, overhead and profit; excluding only land value. in^'...4— ^ ^ '^' ^^^ "Q�.°."'^" '"^ °^r^ is , If,in the opinion of the Building Official,the valuation is underestimated on the application, the Permit shall be denied,unless the applicant can show detailed estimates to meet the approval.Valuation references may include the latest published data of national construction cost analysis services, such as, Marshall-Swift, Means, etc., as published by International Code Congress.ef the Q„ 4499 ^f{ ^r. Final building Permit valuation shall be set by the Building Official. <---------- Formatted:Space After: 0 pt,Line spacing: single,Don't 109.3.1 Exemptions. adjust space between Latin and Asian text,Don't adjust space p between Asian text and numbers Manufacturing Equipment: For the purposes of calculating permit fees the cost of equipment used in the process of manufacturing a product shall be exempt from paying permit fees for any portion of the cost greater than$10,000 dollars if the following criteria are met: 1. Equipment must have a replacement cost and/or purchase cost greater than $10,000 dollars per each piece of equipment to be exempted. 2. Equipment must be purchased directly by the owner. 3. Equipment cannot not be an integral part of the building, building envelope, building system,and/or essential to the operation of the building. 4. The nature of equipment shall be that if a business was to cease to exist or relocate the equipment would be easily removed from the building. Note: 45 Page 891 of 919 All, electric, piping, mounting, structural connections, attachment of auxiliary equipment necessary to operate the manufacturing equipment will be included in permit valuation and subject to permit fees. <----- Formatted:Indent:Left: 0.5",Space After: 8 pt,Line spacing: Multiple 1.08 li,Adjust space between Latin and 109.4 Work commencing before permit issuance.Any person who commences any work on a building, Asian text,Adjust space between Asian text and numbers structure, electrical, gas, mechanical or plumbing system before obtaining the necessary Permits or without prior approval from the Building Official as permitted in Section 105.2.2 or 105.12 shall be subject to a fee established by the Building Official that shall be in addition to the required Permit fees or as provided by local ordinance.This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be applied for within one(1)business day and any unreasonable delay in obtaining those permit(s)shall result in the charge of a quadruple fee. The payment of a quadruple fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The Building Official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing to two times the fee. 109.5 Related fees.The payment of the fee for the construction,Alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building Permit shall not relieve the applicant or holder of the Permit from the payment of other fees that are prescribed by law. 109.6 Refunds.All permit fees under this section are non-refundable and non-transferable. ® Formatted:Space After: 8 pt,Line spacing: Multiple 1.08 li, Adjust space between Latin and Asian text,Adjust space SECTION 110 between Asian text and numbers INSPECTIONS 110.1 General. Construction or work for which a Permit is required shall be subject to inspection by the Building Official and such construction or work shall remain exposed^GG� and provided with access for inspection purposes until Approved.Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the Owner or the owner's authorized agent to cause the work to remain exposed ee@& k and provided with access for inspection purposes.The Building Official shall be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. Neither the Building Official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. CA 7697 110.1.1 Manufacturers and fabricators.When deemed necessary by the Building Official,he/she shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or 46 Page 892 of 919 fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 110.1.2 Inspection service. The Building Official may make, or cause to be made, the inspections required by Section 110. He or she may accept reports of division inspectors,independent inspectors or of recognized inspection services, provided that after investigation he/she is satisfied as to their licensure,qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the Building Official. The Building Official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468 Florida Statues. The Building Official may require the owner to employ an inspection service in the following instances: 1. For buildings or additions of Type I construction; 2. For all major structural alterations; 3. Where the concrete design is based on compressive strength in excess of 3000 pounds per square inch; 4. For pile driving; 5. For buildings with an area greater than 20,000 square feet; 6. For buildings more than two stories in height;or 7. For buildings and structures of unusual design or methods of construction. Such inspectors shall be present when work is underway on the structural elements_of the building to adequately attest to its compliance.Such inspectors shall be a_registered architect,or engineer.An employee of the architect or engineer licensed under Chapter 468,Part XII,Florida Statutes may perform the inspections,under the_direction of and with final certification from the architect or engineer. Such inspectors_shall submit weekly progress reports including the daily inspections to the Building Official,and including a code compliance opinion of the resident inspector. At the completion of the construction work or project,the architect or engineer shall submit a certificate of compliance to the Building Official,stating that the work was done in compliance with this code and in accordance with the permitted drawing._Final inspection shall be made by the Building Official before a Certificate of Occupancy or Certificate of Completion is issued;and confirmation inspections maybe made at any time to monitor activities and resident inspectors. 110.1.3 Affidavit for inspection. With specific prior approval of, and in a format_acceptable to the Building Official,an affidavit for certification of inspection may be_accepted from the permit qualifier; 47 Page 893 of 919 when accompanied by extensive photographic_evidence of sufficient detail to demonstrate code compliance.The photographic evidence shall be comprehensive in the display of the installation and/or construction—and job location identifiers. The affidavit and accompanying photographs shall be provided to the inspector onsite,at the next scheduled inspection.If the photographs are found to be insufficient by the Building Official to demonstrate compliance with this_code and/or the permitted document, or clearly display location identifiers, or are_missing, the inspector shall require the contractor to obtain the services of a Registered Florida Professional Engineer to inspect and certify the installation and/or_construction. 110.1.3.1 Exception: Affidavits may not be accepted for inspection of_elements of construction which require inspection by the local jurisdiction_under the requirements of 44CFR59 and_44CFR60 and the local flood damage prevention ordinance. 110.1.4 No inspection shall be made until sanitary facilities have been provided, as required in Formatted:Indent:Left: 0.4" Section 311.1 of the Florida Building Code, Plumbing. 110.2 Preliminary inspection.Subject to the limitations of Florida Statutes Chapter 553.79(20), b44efore issuing a Permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.2.1 Existing building inspections. Before issuing a permit,the Building Official may examine or cause to be examined any building,electrical,gas, mechanical,or plumbing systems for which an application has been received for a permit to enlarge,alter,repair,move,demolish,install,or change the occupancy. The Building Official may inspect the buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, before, during and upon completion of the work for which a permit was issued. The Building Official shall make a record of every such examination and inspection and of all observed violations of the technical codes. Additional regulations in Florida Building Code,Existing Building Volume,may apply. 110.3 Required inspections. The Building Official upon notification from the permit holder or his or her agent shall make the following inspections, and such other inspections as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes.The Building Official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. A complete survey, or special purpose survey may be required before an inspection is approved. A.Building 1. Foundation inspection.To be made after trenches are excavated,forms erected,and required reinforcing steel is in place.The Foundation inspection shall at a minimum include the following building components: 48 Page 894 of 919 • Stem-wall • Monolithic slab-on-grade • Piling and pile caps • Footings/grade beams 1.1.Slab Inspection: Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment,conduit,piping accessories and other ancillary equipment items are in place,but before any concrete is placed or floor sheathing installed,including the subfloor.A foundation/Form board survey prepared and certified by a registered surveyor may be required,prior to approval of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for review by the building inspector. In lieu of providing a survey, the contractor may elect to uncover all property line markers and string-up all property lines in preparation for inspection. At contractors own risk. 1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction,the elevation certification shall be submitted to the Authority having Jurisdiction.Any locations Outside of the flood hazard area the contractor shall meet the minimum requirements for Habitable Finish Floor above the crown of the road per Chapter 4,Article X,Flood Prevention Requirements of the LDR. 2. Construction Inspections 2.1 Lintel/tie beams/columns/masonry units. To be made after masonry units, forms,reinforcing steel,shoring,conduit,piping accessories,and other ancillary equipment items are in place,but before any concrete is placed. 2.2 Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: • Roof sheathing • Wall sheathing • Floor sheathing • Sheathing fasteners • Roof/wall dry-in. • Gypsum board,as required • Sheathing/cladding inspection NOTE:Sheathing fasteners installed and found to be missing the structural member(shiners)shall be removed and corrected prior to installation of the dry-in material. 49 Page 895 of 919 Exception:ring shank nails shall be bent over and a new fastener installed. 2_3 Framing inspection. To be made after the roof deck or sheathing, all framing, fire blocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: • Window/door framing and installation. Verify rough opening dimensions are within tolerances,buck and attachments. • Lintel/tie beams complete, if applicable. • Framing/trusses/bracing/connectors(including truss layout drawings) • Draft stopping/fire blocking • Curtain wall framing • Fire resistant assemblies,joints and penetrations, as required • Accessibility. 3. Exterior wall coverings. Shall at a minimum include the following building components in progress inspections: ® Exterior wall coverings and veneers Formatted:Indent:First line: 0.25' ® Soffit coverings 4 Roofing inspection.Shall at a minimum include the following building components: • Dry-in • Insulation • Roof coverings(including in-progress) • Flashing • Sheathing 4.1. Re-Roof sheathing inspection. An affidavit with a notarized signature of a state or locally licensed roofing contractor for the installation of additional sheathing fasteners as required by the Existing Building Code may be accepted at the discretion of the Building Official. 54. Energy insulation,thermal and ignition barriers 64. Lath/Drywall. Lath and gypsum board inspections shall be made after lathing and gypsum board,interior and exterior,is in place,but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception:Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly,unless otherwise determined by the Building Official. 50 Page 896 of 919 74. Final inspection.To be made after the building,including all sub-trade inspections,are completed and ready for occupancy. 77®1 .Elevation Certificate. As part of the final inspection,an elevation certificate shall be submitted to the authority having jurisdiction. 77®2 .A final survey prepared and certified by a registered surveyor may be required at time of final inspection,when applicable. ;�8. Swimming pool inspection. • First inspection to be made after excavation and installation of reinforcing steel,bonding and main drain and prior to placing of concrete shell. • Underground electric inspection • Underground piping inspection,including a pressure test • Deck inspection:to be made prior to installation of the deck material(with forms,deck drains,and any reinforcement in placed. • Final electric inspection to be made prior to filling the swimming pool with water. • Final permanent barrier inspection to be made prior to filling the swimming pool with water. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. • Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. 99.Demolition inspections. • First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition operations. • Final inspection to be made after all demolition work is completed. 108.®Manufactured building inspections. The division of building safety shall inspect construction of foundations;connecting buildings to foundations;installation of parts identified on plans as site installed items,joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any otherwork done on site which requires compliance with the Florida Building Code.Additional inspections may be required for public educational facilities(see Section 423.27.20 of this code). 118. Where impact-resistant coverings or impact resistant systems are installed, the Building Official shall schedule adequate inspections of impact-resistant coverings or impact resistant systems to determine the following: • The system indicated on the plans was installed. 51 Page 897 of 919 • The system is installed in accordance with the manufacturer's installation instructions and the product approval. Electrical 1. Underground inspection.To be made after trenches or ditches are excavated,conduit or cable installed,and before any backfill is put in place. 2. Rough-in inspection.To be made after the roof,framing,fire blocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3.Low Voltage:To be made for security,alarm,elevator,and special uses. 4.Final inspection.To be made after the building electrical system is complete,all required electrical fixtures are in place and properly connected or protected,and the structure is ready for occupancy. 5. Existing Swimming Pools.To be made after all repairs or alterations are complete, all required electrical equipment,GFCI protection,and equipotential bonding are in place on said alterations or repairs. Plumbing 1. Underground inspection.To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough-in inspection.To be made after the roof,framing,fire blocking and bracing is in place and all soil,waste and vent piping is complete,and prior to this installation of wall or ceiling membranes. -includes plumbing provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building plumbing system is complete, all plumbing fixtures are in place and properly connected,and the structure is ready for occupancy. Note:See Section 312 of the Florida Building Code,Plumbing for required tests. Mechanical 1. Underground inspection.To be made after trenches or ditches are excavated,underground duct and fuel piping installed,and before any backfill is put in place. 2. Rough-in inspection.To be made after the roof,framing,fire blocking and bracing are in place and all ducting,and other concealed components are complete,and prior to the installation of wall or ceiling membranes. 52 Page 898 of 919 -includes mechanical provisions of the energy code and approved calculations provisions. 3. Final inspection.To be made after the building mechanical system is complete,the mechanical system is in place and properly connected,and the structure is ready for occupancy. Gas 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed,and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. -includes gas provisions of the energy code and approved calculations provisions. 2. Final piping inspection.To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection.To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes,to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. Site Debris 1.The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles during the course of the construction project and prior to receiving final inspection approval. Construction job sites must be kept clean and in a safe condition at all times. 2.All debris shall be kept in such a manner as to prevent it from being spread by any means. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations,any required forms shall be in place prior to inspection.Materials for the foundation shall be on the job,except where concrete is ready mixed in accordance with ASTM C 94,the concrete need not be on the job. 110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment,conduit,piping accessories and other ancillary equipment items are in place,but before any concrete is placed or floor sheathing installed,including the subfloor. 53 Page 899 of 919 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement,and prior to further vertical construction,the elevation certification shall be submitted to the Building Official. 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, Fire Blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical,plumbing,heating wires,pipes and ducts are Approved. 110.3.5 Lath,gypsum board and gypsum panel product inspection. Lath,gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished. Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly. 110.3.6 Weather-exposed balcony and walking surface waterproofing. Where balcony or other elevated walking surfaces are exposed to water from direct or blowing rain,snow or irrigation,and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture-barrier system shall not be concealed until inspected and approved. 110.3.7b Fire-and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance rated assemblies,Smoke Barriers and smoke partition shall not be concealed from view until inspected and Approved. 110.3.8.7 Energy efficiency inspections.Inspections shall be made to determine compliance with Fbc, Energy Conservation and-confirm with the approved energy code submittal(by appropriate trade)and corresponding mandatory requirements and shall include, but not be limited to, inspections for: corresponding envelope insulation R- and U-values, fenestration U-value and Solar Heat Gain Coefficient,duct system R-value,and HVAC,lighting,electrical and water-heating equipment efficiency. 110.3.99 Other inspections.In addition to the inspections specified in Sections 110.3 through 110.3.7, the Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the division of building safety. 110.3.100 Special inspections.Reserved. 110.3.118 Inspections prior to issuance of Certificate of Occupancy or Completion. The Building Official shall inspect or cause to be inspected,at various intervals,all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion,prior to the issuance of the Certificate of Occupancy or Certificate of Completion.In performing inspections,the Building Official or designee shall give first 54 Page 900 of 919 priority to inspections of the construction,addition,or renovation to,any facilities owned or controlled by a state university,state community college or public school district. 110.3.12.1 Final inspection.The final inspection shall be made after all work required by the building Permit(S)is completed. 110.3.128.1 Flood hazard documentation. If located in a Flood Hazard Area,shall be submitted to the Building Official prior to the final inspection. 110.3.128.2 Energy Code documentation.If required by energy code path submittal,confirmation that commissioning result requirements have been received by building owner. 110.3.131 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.7,Section 2304.13 or Section 2304.11.6,specifically required to be inspected for termites in accordance with Section 2114,or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the Building Official has been received. 110.3.1_ Impact resistant coverings or systems. Where impact resistant coverings or systems are installed to meet requirements of this code,the Building Official shall schedule adequate inspections of impact resistant coverings or systems to determine the following: 1.The system indicated on the plans was installed. 2.The system is installed in accordance with the manufacturer's installation instructions and the product approval. 110.4 Inspection agencies. The Building Official is authorized to accept reports of Approved inspection agencies,provided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests.It shall be the duty of the holder of the building Permit or their duly authorized agent to notify the Building Official when work is ready for inspection. It shall be the duty of the Permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required.Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official.The Building Official,upon notification,shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed,or notify the Permit holder or his or her agent wherein the same fails to comply with this code.Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official. 110.7 Shoring. For threshold buildings,shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer,prior to any required mandatory inspections by the threshold building inspector. 55 Page 901 of 919 110.8 Threshold building. 110.8.1 During new construction or during repair or restoration projects in which the structural system or structural loading of a building is being modified,the enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record.The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building.The purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the Building Official,the architect,or the engineer of record.The contractor's contractual or statutory obligations are not relieved by any action of the special inspector.119.9.1 The „^Fere;-------, 110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building,which does not meet the minimum size,height,occupancy,occupancy classification,or number-of-stories criteria which would result in classification as a threshold building under Section 553.71(7),Florida Statutes,may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code. 110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector,but the special inspector shall be responsible to the enforcement agency.The inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481,Florida Statutes,as an architect. 110.8.4 Each enforcement agency shall require that,on every threshold building: 110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: "To the best of my knowledge and belief,the above described construction of all structural load-bearing components complies with the permitted documents,and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement agency." 56 Page 902 of 919 110.8.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's recorded set of permit documents. 110.8.4.3 All shoring and reshoring procedures,plans and details be submitted to the enforcement agency for recordkeeping.Each shoring and reshoring installation shall be supervised,inspected and certified to be in compliance with the shoring documents by the contractor. 110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that,to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire-safety standards as determined by the local authority in accordance with this Section and Chapter 633,Florida Statutes. 110.8.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building contractor,as defined in Section 489.105(3)(b),Florida Statutes,within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision,direction,management and control of the construction activities on the project for which the building permit was issued. 110.8.6 The division of building safety may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the division of building safety.The Building Official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5),Florida Statutes,are in addition to the minimum inspections required by this code. 110.9 Impact of construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property,unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable to the applicable property owner.This includes,but is not limited to,the control of dust, noise, water or drainage run-offs, debris, and the storage of construction materials. New construction activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties, and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites.Accordingly,developers, contractors and owners of all new residential development,including additions, pools, patios,driveways,decks or similar items,on existing properties resulting in a significant decrease of permeable land area on any parcel or has altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon completion of the 57 Page 903 of 919 improvement, a certification from a licensed professional, as appropriate under Florida law, shall be submitted to the inspector in order to receive approval of the final inspection. 110.10 Storm Shutter Placement during Hurricane Season. 110.10.1 After the termination of such periods of time that had been designated by the National Weather Service as being a hurricane watch or warning,hurricane protective devices installed on occupied buildings which impede required egress or required light and ventilation shall be removed within 15 days. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the Building Official has issued a certificate of occupancy therefore as provided herein.Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from Permits under Section 105.2. 111.2 Certificate issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the division of building safety, the Building Official shall issue a certificate of occupancy that contains the following: 1.The building Permit number. 2.The address of the structure. 3.The name and address of the Owner or the owner's authorized agent. 4.A description of that portion of the structure for which the certificate is issued. 5.A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. For buildings and structures in flood hazard areas, a statement that documentation of the as-built lowest floor elevation has been provided and is retained in the records of the authority having jurisdiction 7.The name of the Building Official. 58 Page 904 of 919 8.The edition of the code under which the Permit was issued. 9.The use and occupancy,in accordance with the provisions of Chapter 3. 10.The type of construction as defined in Chapter 6. 11.The design Occupant Load. 12.If an Automatic Sprinkler System is provided,whether the sprinkler system is required. 13.Any special stipulations and conditions of the building Permit. 111.3 Temporary/partial occupancy. The Building Official is authorized to issue a temporary/partial certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Building Official shall set a time period of 30 days during which the temporary certificate of occupancy is valid.-° 0 estimated value 8-'C+I--- eenstraetien Feast be seebreaprier to tl-is�redisien bei gappiiea. 111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 111.5 Certificate of Completion.A Certificate of Completion is proofthat a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This 59 Page 905 of 919 certificate does not grant authority to occupy a building,such as shell building,prior to the issuance of a Certificate of Occupancy. 111.6 Fixturing and Stocking. The Building Official is authorized to issue approval for fixturing,stocking, training, or decorating,when appropriate,to allow the builder to prepare the structure for permanent occupancy. The building may not be open to the general public or be used for the transaction of any commerce. Such approval must be conditioned upon the approval of the Fire Marshal,when applicable. 111.7 Digital Submittal Requirements for New Construction. 111.7.1 Building Footprints.The Building Official is authorized to require the submittal of digital shape(C-A�F3PDF)files,in a specific format,depicting a geo-referenced footprint with elevation for all new structures as a condition of the issuance of a Certificate of Occupancy. 111.7.2 Subdivision Topography. The Building Official is authorized to require the submittal of electronic topographical data for all new subdivisions over five acres or five lots for the purposes of updating and maintaining the community's flood maps. SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility,source of energy, fuel or power to any building or system that is regulated by this code for which a Permit is required,until released by the Building Official. 112.2 Temporary connection.The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy,fuel or power. 112.3 Authority to disconnect service utilities.The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Section 112.1 or 112.2.The Building Official shall notify the serving utility,and wherever possible the owner and occupant of the building,structure or service system of the decision to disconnect prior to taking such action.If not notified prior to disconnecting,the owner or occupant of the building,structure or service system shall be notified in writing,as soon as practical thereafter. SECTION 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 60 Page 906 of 919 113.1 Appointment.There is hereby established a board to be called the Building Board of Adjustment and Appeals,which shall consist of seven members and two alternates.The applicable governing body shall appoint the Board. 113.2 Membership and Terms. 113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge and experience in the technical codes to include,to the greatest extent possible, an architect,engineer,general contractor,electrical contractor,HVAC contractor,plumbing contractor,and any other contractor licensed category. In addition to the regular members,there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he or she has a personal or financial interest. ® Formatted:Indent:Left: 0.5' 113.2.2.1 Terms.The terms of office of the board members shall be staggered so no more than one-third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. 113.2.2.2.Removal from office. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as a failure to attend three(3)consecutive meetings or a failure to attend more than one-half of the meetings scheduled during a calendar year. Participation for less than three-fourths of a meeting shall be the same as a failure to attend a meeting. Members removed pursuant to this provision shall not continue to serve on the board and such removal shall create a vacancy. 113.2.3 Quorum and voting.A simple majority of the board shall constitute a quorum.In varying any provision of this code,the affirmative votes of the majority present, but not less than three affirmative votes,shall be required. In modifying a decision of the Building Official,not less than four affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting,the alternate members,if appointed,shall vote. 113.2.4 Secretary of board.The Building Official or his/her authorized representative shall act as secretary of the board and shall make a record of all of its proceedings,which shall set forth the reasons for its decision,the vote of each member,the absence of a member,and any failure of a member to vote. 61 Page 907 of 919 ® Formatted:Indent:Left: 0.5 113.3 Powers.The Building Board of Adjustments and Appeals shall have the power,as further defined in 113.4 of this code,to hear appeals of decisions and interpretations of the Building Official and consider variances of the technical codes. 113.4 Appeals. 113.4.1 Decision of the Building Official.The owner of a building,structure or service system,or duly authorized agent, may appeal a decision of the Building Official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: :—The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 1. <----- Formatted:Indent:Left: 0.75',Space After: 0 pt,Line 2. The provisions of this code do not apply to this specific case. spacing: single 3. That an equally good or more desirable form of installation can be employed in any specific case,which the Building Official has rejected or refused. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 113.4.2 Variances.The Building Board of Adjustments and Appeals,when upon written request, has been so appealed to and after a hearing,may vary the application of any provision of this code to any particular case when, in its opinion,the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 1.That special conditions and circumstances exist which are peculiar to the building,structure or service system involved and which are not applicable to others. 62 Page 908 of 919 2.That the special conditions and circumstances do not result from the action or inaction of the applicant. 3.That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings,structures or service system. <----- Formatted:Indent:Left: 0" 4.That the variance granted is the minimum variance that will make possible the reasonable use of the building,structure or service system. 5.That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health,safety and general welfare. ® Formatted:Indent:Left: 0.5 113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both.In addition,the board may prescribe appropriate conditions and safeguards in conformity with this code.Violation of the conditions of a variance shall be deemed a violation of this code. ® Formatted:Indent:Left: 0.75' 113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the Building Official renders the decision.Appeals shall be in a form acceptable to the Building Official. 113.4.4 Unsafe or dangerous buildings or service systems. In the case of a building,structure or service system,which in the opinion of the Building Official, is unsafe, unsanitary or dangerous, the Building Official may,in the order,limit the time for such appeals to a shorter period. 113.5 Procedures of the board. 113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code.The board shall meet on call of the 63 Page 909 of 919 chairman,subsequent to a request to call a meeting by the secretary.The board shall meet within 30 calendar days after notice of appeal has been received. 113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings.Upon determination by the chairman, irrelevant,immaterial,or unduly repetitious evidence may be excluded,but all other evidence of a type commonly relied upon by reasonable,prudent persons in the conduct of their affairs shall be admissible,whether or not such evidence would be admissible in a trial in the courts of Florida.Any part of the evidence may be received in written form.The Board may request certain evidence from the petitioner to be provided by an architect or engineer registered in the State of Florida,in which case,said evidence shall be signed,sealed,and dated. 113.5.1.2 Testimony.Any member of the Board or the attorney representing the Board may inquire of,or question,any witness before the Board.Any member of the Board,the petitioner or his/her attorney, and/or the Building Official shall be permitted to inquire of any witness before the Board.The Board may consider testimony presented by the Building Official,the petitioner,or any other witness. ® Formatted:Indent:Left: 0.75' 113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the Building Official or varies the application of any provision of this code, the Building Official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the Building Official and shall be open to public inspection.A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Building Official for two weeks after filing. Every decision of the board shall be final;subject however to such remedy as any aggrieved party might have at law or in equity. 113.6 Local Construction Regulation Board.The local government may also utilize this Board to convene as the Local Construction Regulation Board(LCRB),as provided in Florida Statute 489.113. The LCRB may deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions,if the LCRB has found such contractor,through public hearing, to be guilty of fraud or a willful building code violation within the county or municipality that the LCRB represents. The LCRB may also, deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions,if it has proof through the public hearing process,that a contractor has been found guilty in another 64 Page 910 of 919 county or municipality within the past 12 months,of fraud or a willful building code violation and after providing notice of an opportunity to be heard to the contractor, finds that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the LCRB represents.Notification of and information concerning such permit denial shall be submitted to the division within 15 days after the LCRB decides to deny the permit. 65 Page 911 of 919 i SECTION 114 VIOLATIONS 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend,repair,move,remove,demolish or occupy any building,structure or equipment regulated by this code,or cause same to be done,in conflict with or in violation of any of the provisions of this code. 114.2 Notice of violation.The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, Alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code,or in violation of a Permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the Building Official is authorized to request the legal counsel of thejurisdiction to institute the appropriate proceeding at law or in equity to restrain,correct or abate such violation,or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 114.4 Violation penalties.Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects,constructs,alters or repairs a building or structure in violation of the Approved Construction Documents or directive of the Building Official, or of a Permit or certificate issued under the provisions of this code,shall be subject to penalties as prescribed by law. 114.5 Enforcement.Nothing in this section shall prevent the authority having jurisdiction from imposing fines, liens,or seek injunctive relief,or exercising other enforcement powers as permitted by law. Code enforcement and penalties of Chapter 162 Florida Statutes Part I shall be authorized if building work begins without payment of all required fees, and for the purposes of enforcing this code, code officials licensed under Florida Statute 468 Part XII are deemed "Code Inspectors," as defined in Florida Statute 162.04. SECTION 115 STOP WORK ORDER 115.1 Authority.Whenever the Building Official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe,the Building Official is authorized to issue a stop work order. 66 Page 912 of 919 115.2 Issuance.The stop work order shall be in writing and shall be given to the Owner of the property involved,the owner's authorized agent or the person performing the work.Upon issuance of a stop work order,the cited work shall immediately cease.The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume.Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping the work. 115.3 Unlawful continuance.Any person who shall continue any work after having been served with a stop work order,except such work as that person is directed to perform to remove a violation or unsafe condition,shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard,or are otherwise dangerous to human life,or which in relation to existing use,constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the Building Official to be abated by the owner,through repair and rehabilitation or by demolition in accordance with this Code. The extent of repairs shall be determined by the Building Official.When the Building Official determines that an unsafe building, structure, or service system cannot be reasonably repaired in accordance with this or the technical codes,it shall be demolished in accordance with this section. Formatted:Indent:Left: 0" 116.1.1 When the Building Official determines a building,structure,electrical,gas,mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall Provide the owner, agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system A written notice Of Violation stating the defects thereof.This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. ® Formatted:Indent:Left: 0.5' 116.1.1.1 In addition to the written notice being sent by certified mail, return receipt requested to the record owner(s) of the real property upon which the unsafe building, structure, system is located, the Building Official shall post a copy of the notice in a conspicuous place in City Hall,upon the building,structure or system,and a copy shall be recorded in the public records of Palm Beach County. 67 Page 913 of 919 116.1.1.2 In addition,a copy oft he notice,as outlined in this sub-section,shall be published simultaneously for two consecutive weekends in a newspaper of local circulation. Such notice shall be substantially in the following form: NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT (Insert Date of Notice) The owner or other interested parties for the structure located at (address), are hereby notified that the City of Boynton Beach,Florida will proceed to have the building,structure or system repaired,demolished or removed(insert stipulated time)after the date of this Notice, if said building, structure or system is not substantially repaired, demolished or removed by that date. All costs incurred by the City in connection with the repair, demolition or removal will be assessed against the property. If, as a result of this Notice, the building, structure or system is substantially repaired, demolished,or removed by the owner,notice is hereby given that work to abate the unsafe condition requires building permits and inspections for code compliance, and all related fees are required to be paid prior to performing the work or receiving certification of code compliance. To request an extension of time, the owner should contact (Contact Person and Phone Number)within ten(10)days of the date of this Notice.Said request for extension must be made in writing to the Building Official. An affected owner or duly authorized agent has the right to appeal this action to the Building Board of Adjustment and Appeals. An application of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized agent,at the City of Boynton Beach Building Division Office,within(insert stipulated time)of the date of this Notice.The fee to cover hearing costs shall be established by ordinance. 116.1.1.3 Evidence that an attempt has been made to hand deliver or mail the Notice,as provided herein,together with a copy of the recorded "Notice of Intent to Demolish or 68 Page 914 of 919 Substantially Repair and Inspect"at the Clerk of the Court Office,and proof of publication, shall be sufficient to show that the notice requirements of this Section have been met, without regard to whether or not the owner actually received said notice. 116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or reconnected until the specified repairs and improvements are completed, inspected and approved by the Building Official.The Building Official shall post at each entrance to the building a placard stating:THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL.This placard shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person,firm or corporation or its officers, agents, or other servants, to remove the posting without written permission of the Building Official,or for any person to enter the building,or use the building or system(s)except for the purpose of making the required repairs or of demolishing same. Formatted:Indent:Left: 0.5' 116.1.3 In case the owner,agent,or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate,or to demolish,and remove said building, structure,electrical,gas, mechanical or plumbing system or portion thereof,the Building Official,after having ascertained the cost may take action to cause such building,structure,electrical,gas,mechanical or plumbing system or portion thereof,to be demolished,secured, repaired, or required to remain vacant or unused. Taking such action does not create a continuing obligation on the part of the Building Official to continue with maintaining such building,structure,or system;or create liability for any damage to the property. 116.1.4 The decision of the Building Official shall be final in cases of emergency,which, in the opinion of the Building Official,involve imminent danger to human life or health,or the property of others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure or land on which it stands,or abutting land or structures,with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary,and for this purpose may close a public or private way. <----- Formatted:Indent:Left: 0.5' 116.2 Reserved. 69 Page 915 of 919 116.3 Administrative fines; costs to repair; liens. Costs incurred under 116.1.3 and 116.1.4 shall be charged to the owner of the premises involved. If charges are not paid within a ten (10) day period following mailing of the billing notification sent by certified mail, the owner of the premises will be charged in the following manner: 1. The Building Official shall assess the entire cost of such vacation, demolition, securing, or removal against the real property upon which such cost was incurred, which assessment shall include but not be limited to all administrative costs, postal expenses,and shall constitute a lien upon such property superior to all others except taxes. ® Formatted:Indent:Left: 0.5' 2.The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the nature of such lien,the amount thereof and an accurate legal description of the property,including the street address,which lien shall be effective from the date of filing and recite the names of all persons notified and interested persons.After three (3) months from the filing of any such lien which remains unpaid,the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed.Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency. ® Formatted:Indent:Left: 0.5' 116.4 Appeal.The owner,agent,or person in control of an unsafe structure or system shall have the right to appeal the decision of the Building Official, as provided hereinafter, and to appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they should not comply with said notice. SECTION 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas.Pursuant to Section 553.73(5), Florida Statutes, the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable,the provisions of R322 of the Florida Building Code,Residential.This section shall not apply to Section 3109 of the Florida Building Code,Building. SECTION 118 WIND LOADS (Section 1609,Florida Building Code) Formatted:Centered 70 Page 916 of 919 The basic wind speed in miles per hour,for development of wind loads,shall be determined from figure 1609, said Basic Wind Speed for Boynton Beach as depicted on map Figure 1609A, Figure 1609B, and Figure 1609C is hereby added to this code. SECTION 119 SEVERABILITY <---------- Formatted:Centered,Space After: 0 pt If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional,such decision shall not affect the validity of the remaining portions of this code. ® Formatted:Justified,Don't adjust space between Latin and Asian text,Don't adjust space between Asian text and numbers 71 Page 917 of 919 13.A. FUTURE AGENDA ITEMS 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Vice Mayor Penserga requested a discussion regarding a City Mural Program- TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 918 of 919 13.B. FUTURE AGENDA ITEMS 11/4/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/4/2020 Requested Action by Commission: Proposed ordinance prohibiting the use of EPS foam in City facilities- TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: CLIMATE ACTION APPLICATION: Is this a grant? Grant Amount: Page 919 of 919