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Agenda 05-11-21 d BEACK�,,,,,,CRA OWN= COMMU N FTY REDEVELOPMENT AGENCY Community Redevelopment Agency Board Meeting Tuesday, May 11, 2021 -5:30 P M GoToWebinar Online Meeting and City Hall Chambers, 100 E. Ocean Avenue 561-737-3256 AGENDA 1. Call to Order 2. Invocation 3. Roll Call 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda 5. Legal 6. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda 7. Announcements and Awards 8. Information Only A. Public Comment Log B. Public Relations Articles Associated with the CRA 9. Public Comments 10. CRAAdvisory Board A. CRA Advisory Board Meeting Minutes-April 1, 2021 B. Pending Assignments 1. Review of Commercial Properties within the CRAArea (TABLED 5/6/21) 11. Consent Agenda A. CRA Financial Report Period Ending April 30, 2021 B. Approval of CRA Board Meeting Minutes-April 13, 2021 C. Approval of Commercial Property Improvement Grant Program in the Amount of$12,405.90 for AIMS Marketing Systems Inc. Located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 12 D. Approval of Commercial Rent Reimbursement Grant Program in the Amount of$13,026 for AIMS Marketing Systems Inc. Located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 12 E. Approval of Commercial Property Improvement Grant Program in the Amount of$17,433.23 for Aurora's Mexican Kitchen Inc. Located at 410 E. Boynton Beach Boulevard, Unit C F. Approval of Commercial Rent Reimbursement Grant Program in the Amount of$12,900 for Aurora's Mexican Kitchen Inc. Located at 410 E. Boynton Beach Boulevard, Unit C G. Approval of Commercial Property Improvement Grant Program in the Amount of$17,535.98 for Patterson Plaza, LLC Located at 1815 S. Federal Highway 12. Pulled Consent Agenda Items 13. CRA Projects in Progress A. Marketing, Business Promotions, and Social Media Update B. Social Media Outreach Program 2nd Quarterly Report (January-March 2021) C. CRA Economic& Business Development Grant Program Update D. CRA District Lighting Improvement Project Update 14. Public Hearing 15. Old Business A. Project Update on Azur Equities, LLC, the selected proposer of the RFP/RFQ for the Cottage District Infill Housing Redevelopment Project B. Discussion and Consideration of Lease Terms with C Life C Food, Inc. for REVISED the CRA-owned Property located at 401-407 E. Boynton Beach Boulevard C. Discussion and Consideration of Terms for an RFP/RFQ for the CRA Project Located at 115 N. Federal Highway D. Consideration of Approval of Boynton Village, LLC a/k/a The Preserve's Performance Audit for Year Ending December 31, 2020 for Compliance with the Direct Incentive Funding Agreement E. Consideration of an Interlocal Agreement with the City of Boynton Beach for the Design Costs Associated with the Historic Woman's Club of Boynton Beach located at 1010 S. Federal Highway F. Consideration of an Interlocal Agreement with the City of Boynton Beach for Improvements to the Sara Sims Park Amphitheater 16. New Business 17. Future Agenda Items A. Discussion and Consideration of a Purchase and Development Agreement between the CRAand Habitat for Humanity of South Palm Beach County, Inc. for the CRA Owned Property located at 545 NW 11th Avenue B. Consideration of Award and Contract for Responses to the Invitation to Bid to Perform Landscape Maintenance Services on Properties Owned by the CRA C. Consideration of Award and Contract for Responses for the Management of the Boynton Harbor Marina D. Approval of the FY 2021 - 2023 Boynton Harbor Marina Dockage Lease Agreement E. MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project Update F. Ocean Breeze East Affordable Multi-Family Rental Apartment Project U pdate 18. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITHA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE INAND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256,AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRNS WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRNS WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: May 11, 2021 INFORMATION ONLY AGENDAITEM: 8.A. SUBJECT: Public Comment Log SUMMARY: The CRA Board is being provided the Public Comment Log for the time period since the last Board meeting (see Attachments I-I V). CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D Attachment I - Public Comment Log D Attachment II -Joeven Valenzuela (Beacon Consulting Engineers) D Attachment III - Dewey Park Lights D Attachment IV - Borino Enterprises Card 0 0 t -o -o -o �rt m m m r m m m O J � N � Z W LL N LL L � C) O � m E O m E U p9> o J _j J N r N CD N N �- W U W s r � d m 1'", i � N s p 0 � Y ajLL ' z C:l o 0 N N N V N 7 N N Nicklien, Bonnie From: jmv@beacon-eng.com Sent: Monday,April 19, 2021 12:04 PM To: Nicklien, Bonnie Subject: RE: BBCRA Forgivable Loan Reminder- Beacon Consulting Engineers Good Morning Bonnie, Thank you so rnuch for officially forgiven Beacon's $10,000 Srnall Business Disaster Relief Forgivable Loan, The loan really helped us a lot last year during the tirnes of uncertainty. We, really appreciate BBCRA's financial help and generosity. We, also would like to cornryiend yours and your tearn's excellent services. You guys are special! So thank you again for all your help! If you have any questions, or if we can be of any other service, please do not hesitate to call. Thank you. Sincerely, Joeven Joeven Valenzuela, P.E., MBA, LEED AP Partner/ Senior Project Manager Beacon Consulting Engineers 625 Casa Loma Blvd., Suite 106 Boynton Beach, FL 33435 Office: (561) 424-3270 Direct Line- (561) 877-5429 CP: (561) 702-5464 0 mvp_beacon-eng.com Licensed PE in FL, V\/\/, GA, SC www.beacon-eng.com -------- Original Message -------- Subject: RE: BBCRA Forgivable Loan Reminder - Beacon Consulting Engineers From: "Nicklien, Bonnie" <NicklienB@bbfl.us> Date: Mon, April 19, 3031 11:19 enn TO: " > Good MomingJoevn, The CRA has officially forgiven your$10,000 Small Business Disaster Relief Forgivable Loan. Pleasefind the formal documents attached. Our hearts go out to all ofthe small businesses inour community hurting during this time. |tisour hope this loan provided some financial relief and allowed you tobreathe alittle easier. Please know the CRA continues to dedicate its time and resources tosee the community businesses come through this strong! |nthe meantime, please let usknow ifvvecan provide additional assistance with marketing or promotion of your current offerings. Sending you our best wishes for continued success, Bonnie BonnieNicNien Grants and Project Manager, Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 It�� 561-600-9090 | 18 561-737-3258 . �� bd NicNienB@bbf|.ua http://vvvvvv.bnyntonbeachcra.com �� ^� �� m� �� ~� B0YriT0N"'J =","' =BEACH ,,,,,CRA COMMUINY REDEVELOPMWAGENCY America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to n-ie via en-lail n-,Iay be subject to disclosure.Under, Florida records law, en-iail addresses are public records.Therefore, your,e-n-iail con-in-wnication and your,e-moi| address moybesubject topublic disclosure. From: Sent: Monday, April 19, 202110:S7AM To: NickUen, Bonnie Subject: RE: BBCRAForgivable Loan Reminder Beacon Consulting Engineers U Good Morning Bonnie, 2 Thank you for your quick response, Please lot me know if you have any clarifications, If you have any questions, or if we can be of any other service, please do not hesitate to call. Thank you. Sincerely, Joeven Joeven Valenzuela, P.E., MBA, LEED AP Partner/ Senior Project Manager Beacon Consulting Engineers 625 Casa Loma Blvd., Suite 106 Boynton Beach, FL 33435 Office: (561) 424-3270 Direct Line: (561) 877-5429 CP: (561) 702-5464 imv@beacon-eng.com Licensed PE in FL, WV, GA, SC www.beacon-eng.com -------- Original Message -------- Subject: RE: BBCRA Forgivable Loan Reminder - Beacon Consulting Engineers From: "Nicklien, Bonnie" <NicklienB@bbfl.us> Date: Mon, April 19, 2021 10:22 am To: "imv@beacon-ena.com" <imv@beacon-ena.com> Received! I will process and provide loan release documents soon. Hope all is well, Bonnie Bonnie Hicklien Grans and Project Manager Boynton Beach Con-m-wnity Redevelopnient agency 3 100 E. Ocean Ave. Boynton Beach, Florida 33435 561-600-9090 a 561-737-3258 NicklienB@bbfLus http://www.boyntonbeachcra.com C 3 9 1 U-C-J America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to n-ie via en-rail n-,Iay be subject to disclosure.Under, Florida records law, en-iail addresses are public records.Therefore, your,e-n-iail con-in-wnication and your,e-n-iail address n-,iay be subject to public disclosure. From: imv@beacon-eng.com <imv@beacon-eng.com> Sent: Friday, April 16, 20213:04 PM To: Nicklien, Bonnie<NicklienB@bbfl.us> Subject: RE: BBCRA Forgivable Loan Reminder- Beacon Consulting Engineers Good Afternoon Bonnie, Sorry for the Into submittal, Please see attached, the zip files for Beacon's Pay stubs for Joeven, Printing Expenses, and Telephone expenses for your consideration with regard to Beacon Consulting Engineer's Request for BBCRA Loan Forgiveness, Please let me new if you need further information, Thank you so rnuch for your understanding and for all your help, If you have any questions, or if we can be of any other service, please do not hesitate to call. Thank you. Sincerely, Joeven Joeven Valenzuela, P.E., MBA, LEED AP Partner/ Senior Project Manager Beacon Consulting Engineers 625 Casa Loma Blvd., Suite 106 Boynton Beach, FL 33435 Office: (561) 424-3270 Direct Line- (561) 877-5429 4 CP: (561) 702-5464 imv@beacon-eng.com Licensed PE in FL, WV, GA, SC www.beacon-eng.com -------- Original Message -------- Subject: BBCRA Forgivable Loan Reminder - Deadline April and May 2021!! From: "Nicklien, Bonnie" <NicklienB@bbfl.us> Date: Fri, April 09, 2021 11:18 am To: "Nicklien, Bonnie" <NicklienB@bbfl.us> Good Afternoon, This is your friendly, monthly reminder that CRA staff are accepting requests for loan forgiveness for the Small Business Disaster Relief Forgivable Loan Program. Please read this email in its entirety. Submissions will be reviewed in the order they are received. I will continue to send out monthly reminders until your submission has been processed. In April or May 2020, you were awarded a Small Business Disaster Relief Forgivable Loan (Program) in the amount of $10,000 for financial relief due to the adverse economic impact caused by the COVID-19 pandemic. In order to be released of the loan, you must submit your documents THREE weeks PRIOR to the loan repayment date (which is a year from the date the loan was issued). As stated in the Program guidelines, the loan can ONLY BE USED for utility, payroll or inventory expenses. If the Loan Recipient provides evidence in the amount equal to the loan within a year of the loan award, the BBCRA may forgive the loan. Businesses are strongly encouraged to submit evidence of loan compliance prior to the year expiration to help expedite the loan forgiveness and release process. Below are the eligibility requirements for acceptable evidence: Acceptable proof of payment for utility or inventory expenses include (no cash payments accepted): 5 o Cancelled checks showing the front and back of the check o Wire Transfer Receipt o Credit/Debit Card Statement Each proof of payment for utility or inventory expense must include: o business name as listed on the Program application o dated from the date of loan award moving forward (not prior to loan award) o show who the payment was addressed to o Each proof of payment must be accompanied by supportive documents describing the eligible utility, payroll or inventory expense: ■ Utility example: FPL Bill, City Water Bill, Phone/Internet Bill, Natural Gas bill showing address of business location ■ Inventory example: invoice with item description, order confirmation with item description, invoice addressed to business location in CRA area Proof of payment for payroll expenses: o payroll support in the form of RT-6, 941s, UTC6 report OR paystubs, employee list and verification of fund transfer. Sensitive information may be redacted (1099s/contractors are not eligible as an eligible payroll expense) "Please note: Rent, insurance and mortgage expenses are not eligible under the Program. Submissions should be made only when the business has proof of eligible expenses totaling at least $10,000. Partial submissions will not be accepted. For your convenience, I have attached a "checklist." If you check "yes" on all questions, you are ready to submit your request for loan forgiveness. As always, I am here for any questions and appreciate your patience as we begin this paperwork process. Best Regards, Bonnie Bonnie Nig klien Gr,ants and Pr,oject Manager, Boynton Beach Con-m-wnity RedevelopmientAgency 100 E. Ocean Ave. I Boynton Beach, Florida 33435 6 k 561-600-9090 1 @ 561-737-3258 6d NicNienB@bbf|.ua http://wvvvv.bnyntonbeachcrazom �� m� �� p America's Gateway tothe Gulfstream Please be advised that Flor,ida has a br,oad public r,ecor,ds law and all cor,r,espondence to mie via en-lail n-,Iay be subject to diac|oaure.Under, F|oridorecordalaw, en-mil oddreaaeaorepublic recorda.Therefore, your,e-moi| communicotionand your,e-moi| oddreaamoybesubject topublic diac|oaure. 7 Boynton Beach CRA PL O .� 3,,-merls 0 M:�v 4 alt 1�4d Dhri 75kie a 4.k a'lhe'--eaAfu, ;rarsforrration of Dewey Park in Downtown Boynton Bea&�, 7i�e 'Seacl, GPA encoiragesycL,to V'sit our Dcrintovir Boynton Beacb��sir-esses,strop down Ocean A�,,enije,and er,�oy Dewey Park day or night H t. 2,950, 396 People RE,3,zlz-d ErgagementT, 00 51� 13 Ccmmer�s 6 Shares EVA", Like Cornment IS'llare A I I Conimten,ts Al!Coriiments Comment as Sc-rtcin Bea& CRA City of Boynton Beach,Governmeryt Gorgeois!Thankyou Boynton Beach GRA! Like Reply %Aa-,s2gx Id Eric Anderson Thanks so much to the CRA and City for malting this happen,:! It looks far better lit at mght.Ore problem though-the 1�ghfts haven't been working since Friday night. Like Reoy Message lal #0 0amhor Boynton Seach CRA Eric Anderso,n Thank.you for lett ng us kr,,,mvl Staff is cirrently look1rig,,!nto the issue and wi;l have them.Ht as soon, as possible, Like-Reply Ccr-"-ieme1 on Renee Michel le RDbeq1s 0 2311 Eric Anderson They were back on last night.Tanks so mach! They look great!! Like. Repl- y Message 22h ,Rep y to Boyn t,on Beach C?,A,. Reply as Er-yntc-r,,3each CRA N L,Fan Chris Roberts Beaut'ifLl and the lightirg ready lights ,gyp the,parkat night; Like Reph ,j Messageid, Nicale Ma Tana®ell' It's'beau tifuHl Like R,"-, Message 1; o r b c /1 r cJ t� 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: May 11, 2021 INFORMATION ONLY AGENDAITEM: 8.13. SUBJECT: Public Relations Articles Associated with the CRA SUMMARY: South Florida Business Journal: • Developer Seeks Incentive for Affordable Housing Project in Boynton Beach: https://www.bizjournals.com/southflorida/news/2021/04/16/centennial-management- seeks-incentives.html -Attachment I WPTV • Boynton Beach Addresses Crime Issues at Ocean Breeze East: o https://www.wptv.com/news/region-s-palm-beach-county/boynton-beach/boynton- beach-addresses-crime-issues-in-new-development CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D Attachment I FOR THE EXCLUSIVE USE OF SIMONM@BBFL.US From the South Florida Business Journal: https://www.bizjournals.co /southflori a/news/2021/04/16/centennial- anae ent-seeks-incentives.htm I Developer seeks incentives for affordable housing project in Boynton Beach Apr 16,2021, 6:52am EDT Centennial Management Corp. is seeking incentives to move forward 111 q� with an affordable housing project in Boynton Beach. The Palm Beach County Commission MT on April 20 will consider an Impact g.y ,,,® Fee Affordable Housing Assistance �7�� }tN�t,{} Program award of $11,656 to Wells " ` "�""� '"' ' ` `"`� Landing Apartments LLC, managed by GALLO HERBERT ARCHITECTS Lewis V. Swezy of Miami Lakes-based The Wells Landing Apartments are Centennial. It would help fund the planned at 117 E. Martin Luther King Jr. Blvd., Boynton Beach. construction of 124 apartments, with 111 of them priced for tenants making no more than 60% of area median income and 13 priced for tenants making up to 28% of area median income. This would help address South Florida's shortage of affordable housing, which has grown worse as costs for market-rate housing increase. The developer is also seeking funds through the Florida Housing Finance Corp. The Wells Landing Apartments would be at 117 E. Martin Luther King Jr. Blvd. and a site across the street at 141 N.E. Ninth Ave. It would be just north of Ocean Breeze East, an affordable housing complex on Seacrest Boulevard that Centennial recently completed. Gallo Herbert Architects designed the four-story Wells Landing Apartments. The southern portion of the property would have 100 units on 2.7 acres and the northern site would have 24 units and 8,530 square feet of commercial space on 1.23 acres. The developer acquired the vacant property from the Boynton Beach Community Redevelopment Agency for nominal consideration in 2019. Sign up here for the Business Journal's free morning and afternoon daily newsletters to receive the latest business news impacting South Florida. For more business intelligence, follow us on Linkedin, Facebook, Twitter and instagram. Brian Bandell Senior Reporter South Florida Business Journal 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: May 11, 2021 CRAADVISORY BOARD AGENDAITEM: 10.A. SUBJECT: CRAAdvisory Board Meeting Minutes -April 1, 2021 SUMMARY: See attached minutes. CRAAB RECOMMENDATION: Approved April 1, 2021 CRA Advisory Board meeting minutes. ATTACHMENTS: Description D April 1, 2021 CRAAdvisory Board Minutes MINUTES OF THE CRAADVISORY BOARD MEETING WEBEX ONLINE MEETING 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 HELD ON THURSDAY, APRIL 1, 2021, AT 6:30 P.M. PRESENT: STAFF: Anthony Barber, Chair (arr. 6:50) Michael Simon, CRA Executive Director Allan Hendricks, Vice Chair Bonnie Nicklien, CRA Grants & Project Mngr Naomi Cobb Crysta Parkinson, Prototype, Inc. Angela Cruz Golene Gordon ALSO PRESENT: Sharon Grcevic Sergeant Henry Diehl ABSENT: Thomas Devlin Ms. Nicklien gave the introductory statement for participating in this Zoom Online Meeting. 1. Call to Order The meeting was called to order by Vice Chair Hendricks at 6:37 p.m. 2. Roll Call Roll was called, and it was determined a quorum was present. 3. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda Motion was made by Mr. Gordon, seconded by Ms. Cobb, to adopt the agenda. In a voice vote, the motion passed unanimously (5-0). 4. Information Only -- None 5. Public Comment -- None Meeting Minutes CRA Advisory Board Boynton Beach, Florida April 1, 2021 6. Consent A. Approval of CRAAdvisory Board Meeting Minutes — March 4, 2021 Motion made by Chair Barber, seconded by Ms. Gordon, to approve the March 4, 2021, minutes. In a voice vote, the motion passed unanimously (5-0). 7. Assignments A. Pending Assignments i. Review of Commercial Properties within CRAArea Mr. Simon said the CRA Board reviewed and accepted the categorizations of the properties from the last CRAAB meeting and has created a new assignment, to look at a wider area of the CRA District, this time for commercial properties for sale. Similarly, this Boards is asked to review the property, discuss if necessary, and determine in which of these three following categories the property would fall: • Pursue now as a land banking opportunity. • Pursue at a future date. • Does not fit the CRA Mission. From the Notice Agenda (see attached), the following properties were presented: • 379 SE 4t" Street -- SE 4t" Street Assemblage o Grouping of properties on SE 4t" Street, south of 500 Ocean. o CK Locksmith, vacant parcels that run behind the yellow house (include). o Represented by Jim Knight of Knight Brokerage (owned by several Boynton Beach business owners). 0 2.45 acres listed for $4.5 million. • 1017 North Federal Highway o Troy's BarBQ Catering Site. o At corner of MLK Jr Blvd and southbound Federal Highway. o .21 acres, 1,000 square feet building, listed for $675,000. [Chair Barber joined meeting at 6:50 p.m.] • 2508 North Federal Highway o Vacant parcel on North Federal Highway and Palm Drive. o Close to northern edge of CRA District. o Property has been owned several times and brought forth to the City for site plans for townhouses. o Neighborhood requires gated entry by developer. o If townhouses were built, perhaps straight commercial use. o Listed for $700,000. 2 Meeting Minutes CRA Advisory Board Boynton Beach, Florida April 1, 2021 • 3377 N Federal Highway o Sitting in a County pocket, should be removed from the list. o If it was of interest, this property is north of Walmart, headed north into Boynton. o Has a Boynton address, has been there a hundred years, still two or three small pockets in the County; services by Palm Beach County Sheriff's Office. o Statute restrictions unknown; perhaps if purchased could be annexed into the City. o An eyesore, improvement would benefit from an aesthetic standpoint. o Listed price $599,000 for 0.15 acre. • S Federal Highway at SE 1St Avenue o East side of Federal Highway across from 500 Ocean. o Listed by Jim Knight. o Listed for $10 million for 2.76 acres o Probably not something the CRA could afford, but it is in the District. o Recently site plan approved for 270 residential units and 18,000 square feet retail. o Owners trying to sell the project and the land together. • 2821 S Federal Highway o Known as the Homing Inn, a rundown apartment/hotel building. o North of Walmart. o Difficult property for the City, not a welcoming hotel. o Not reasonably priced at $9.1 million, would like $10 million, turning down other offers. o Some vacant and separately owned parcels to the north; perhaps it could be incorporated into a larger project. o Still on market, not under contract. • 609 N Railroad Avenue o North of Boynton Beach Boulevard. o North Railroad runs along the tracks, on the west side where Twisted Fish and Bud's Chicken are. 0 10,000 square feet, of which 8,000 is warehouse, 1,200 square feet office. o Listed at $1.7 million, just under half acre, zoned light industrial. Vice Chair Hendricks turned the meeting over to Chair Barber who, before continuing with the Agenda item, clarified that the new Member, Naomi Cobb, has replaced Aquannette Thomas. Due to arriving late, he asked for a clarification of the assignment as presented thus far. Mr. Simon confirmed and reviewed the three categories, stating there is no time limit or deadline; the Board is free to look at it over in whatever manner is needed. 3 Meeting Minutes CRA Advisory Board Boynton Beach, Florida April 1, 2021 Open discussion followed on how the Board should proceed. Chair Barber went around the Board asking for recommendations. Most Members were not familiar with anything, with the exception of the Hotel, but agreed on removing the county property from the list. The Board wanted to have a brief discussion now, but then go to look at the properties and have a more informed discussion at subsequent meetings. Chair Barber urged Members to take into account not just the building, but the overall land and its value to the CRA. Chair Barber asked for a refreshing of the overall vision or short purpose of the CRAfor the new members. Mr. Simon summarized the CRA's ability to purchase property through sale or by gift and the statutory ability to dispose of or redevelop the properties for economic development and/or affordable housing. The CRA can purchase property and own and rent it as commercial space with a tenant, but this is not something the CRAs want to do for long periods of time (goal is to sell back to the private sector). The CRA can do demolition on a dilapidated structure or make improvements (such as broken windows) to improve safety and/or quality of life for residents. Properties can be considered for potential acquisitions for demolition, sale to the private sector for redevelopment, or public investment such as a welcome sign or green space. Properties may be on a corridor of interest to the development community but present an overwhelming task for the private sector for one reason or another and continues to sit neglected for some time. The CRA could come in and clean up and otherwise improve the site to get it ready for private purchase (such as clean up contamination of an old gas station). Such things are supported by the CRA Plan and the Statute. Chair Barber opened up initial discussion on several properties as pieces that flow into the overall plan and vision of the CRA. In particular: o SE 1 st Avenue at S Federal Highway would be a purchase now as a land banking opportunity. 0 1017 N Federal does not fit the CRA mission; the building has had a tenant since 1996, is overpriced for where it is and what it is. Other uses were explored to no avail. Ms. Cobb had comments on a gateway into a community and wondered if the price was negotiable. Mr. Simon stated tentative discussions with the owner haven't led to anything encouraging. o For reference, Mr. Simon noted that the CRA had owned the properties catty-cornered the northeast corner of MILK, took the buildings down, and put back up for redevelopment. Now two businesses have partnered to build a new office building there. Other examples were given. 0 2508 N Federal Highway -- no redevelopment happening there and the property has been for sale for a long time. Attempts for eight townhouses on the site have been attempted more than once, but has failed each time, same obstacles keep happening, such as the required gated entry. 4 Meeting Minutes CRA Advisory Board Boynton Beach, Florida April 1, 2021 It is zoned C4, could be a commercial project, but all scenarios continue to fall through. 0 3377 N Federal Highway -- had been a pawn shop; but this is in one of the County pockets. Mr. Hendricks would like to see the property developed, if possible, and that the pocket is not necessarily an obstacle. It stands there as a statement to an unattractive corridor. The zoning and features of the property were discussed. The property backs up to the Tradewinds residential; the furniture store next to it is also for sale (3351 N Federal Highway, $1 .5 million). Next to the "psychic building," which also needs to be torn down; the ticket clinic is gone. The property does meet the CRA Mission; it was agreed that it is one of the uglier, unattractive parcels on the Federal corridor. Mr. Simon will research the Statute for annexing into the CRA District; but the process could be difficult. o S Federal Highway at SE 1 st Avenue -- Mr. Simon says the $10 million price is due to designation as a site with site plan approval and the property was provided as a comparison for other sites currently for sale. The existing site was discussed from aerial views and current businesses. It has received site plan approval and is being marketed as 274 unit mixed-use. The developer backed out of contract for unknown reasons. All the owners have come together to put it up for sale as one big parcel. Chair Barber was interested in exploring purchasing this site and discussion ensued on criteria and current interest in development of any sort. There may be a way to buy it, but it would take more than one budget year, possibly two and it would consume entire budget funds. o Homing Inn -- Currently listed at $9.1 million. No interest. 0 609 N Railroad Avenue -- Currently listed at $1.7 million, located north of Boynton Beach Boulevard and west of the tracks. Large parcel, has parking, and is an industrial site. Ms. Grcevic noted this type of building is rare in the county, hard to find warehouses with parking and a four door garage. Mr. Hendricks thought this could possibly be in demand and another one for the market; it may have been fixed up. Chair Barber encouraged the Board to take a drive by for further discussion in May. Motion made by Chair Barber, seconded by Ms. Gordon, to table until the next meeting so Board Members have an opportunity to look and come back with a ranking system. In a voice vote, the motion passed unanimously (6-0). 8. Adjournment Upon motion duly made and seconded, in a voice vote, the motion passed unanimously (6-0) and the meeting was adjourned at 8:07 p.m. Attachments: Presentation of Commercial Properties with CRAArea [Minutes transcribed by M. Moore, Prototype, Inc.] 5 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: May 11, 2021 PENDING ASSIGNMENTS AGENDAITEM: B.1. SUBJECT: Review of Commercial Properties within the C RA Area SUMMARY: At their July 14, 2020 meeting, the CRA Board assigned the CRAAB with the task of identifying available properties located within key commercial and light industrial areas of the CRA. CRA staff will provide the CRAAB with a list of properties found on Costar/LoopNet and the Multiple Listing Service that are being marketed as "for sale." The CRA Board's assignment involves the CRAAB performing research and analysis on these properties. The goal of the assignment is to have the CRAAB provide a priority list of properties or recommendations on whether or not to pursue possible acquisition based on available funding. All land assemblages for future redevelopment shall be in furtherance of the 2016 Boynton Beach Community Redevelopment Plan. Of the properties for sale (see Attachment 1), categorize them as one of the following options: • Pursue now as a land banking opportunity; or • Pursue at a future time to be determined by the CRA Board; or • Do not pursue because it does not fit the CRA mission Pursue Now as a pursue at a Future Does not Fit the Property Address Land Banking Date CRAMission Opportunity 417 NE 6th Avenue 609 N. Railroad Avenue 3377 N. Federal Highway 3351 N. Federal Highway FISCAL IMPACT: To be determined. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: To be determined. ATTACHMENTS: Description D Attachment I -CoStar Property Report Property Summary Report 417 NE 6th Ave Boynton Beach, FL 33435 - Boynton Beach Submarket BUILDING Type 1 Star Industrial Warehouse Tenancy Single Year Built 1955 RBA 1,609 SF t t , Stories 1 Typical Floor 1,609 SF Construction Masonry LAND Land Acres 0.24 AC Zoning M1 EXPENSES Taxes $3.72/SF(2020) PARCEL LOADING Cocks None Drive Ins 1 tot. Canes None Rail Spots None SALE TRANSPORTATION For Sale $529,000($328.78/SF) Parking 6 available(Surface);Ratio of Cap Rate 10.00% 3.73/1,000 SF Commuter Rail 8 min drive to Boynton Beach Com- Sale Type Investment or Owner User muter Rail(Tri-County Commuter) Status Active Airport 23 min drive to Palm Beach Interna- tional Airport Walk Score® Very Walkable(71) Transit ScoreO Minimal Transit(0) TENANTS Eastern Towing PROPERTY CONTACTS Sales Company Eastern Auto Body True Owner Floering David 417 NE 6th Ave 417 6th Ave Boynton Beach, FL 33435 Boynton Beach, FL 33435 Recorded Owner Floering David (561)369-4356(p) 417 6th Ave Boynton Beach, FL 33435 (561)369-4356(p) Copyrighted report licensed to CoStar Group 4/30/2021 CoStarTM Page 5 N N � O � N d O M �i r- v N f i t O F � e r � C 4 tm t qtr o y s=. a r C � � N r T O r i AF, f � r Property Summary Report 609 N Railroad Ave "Ib" Boynton Beach, FL 33435 - Boynton Beach Submarket BUILDING Type 2 Star Industrial Warehouse Tenancy Multi Year Built 1960 FBA 9,267 SF air,k Stones 1 Typical Floor 9,267 SF ��P k 'M1fr f•SY`e t'+Ctl Y�r � Ceiling Ht 12' - Construction Masonry LAND Land Acres 0.42 AC Zoning M1 EXPENSES Taxes $1.96/SF(2020) PARCEL LOADING Cocks None Drive Ins 4 tot. Rail Spots None POWER& UTILITIES FEATURES Power 3p Utilities Heating-Electric, Lighting-Fluores- . 24 Hour Access • Air Conditioning cent, Sewer-City,Water-County . Fenced Lot • Storage Space • Ya rd FOR LEASE Smallest Space 3,000 SF Industrial Avail 3,000 SF Max Contiguous 3,000 SF ##of Spaces 1 Vacant 9,267 SF % Leased 0% Fent $15.00 Service Type Double Net Copyrighted report licensed to CoStar Group 4/30/2021 CoStarTM Page 6 Property Summary Report 609 N Railroad Ave "Ib" Boynton Beach, FL 33435 - Boynton Beach Submarket AVAILABLE SPACES Floor Suite Use Type SF Available Fir Contig Bldg Contig Rent Occupancy Term P1st Industrial Direct 3,000/500ofc 3,000 3,000 $15.00/NN Vacant Negotiable Filing Flus Inc We have a warehouse for rent and also, a office for rent. Both are 3,000 sgft. SALE TRANSPORTATION For Sale $1,699,999($183.45/SF) Parking 25 available(Surface);Ratio of Sale Type Investment or Owner User 2.70/1,000 SF Commuter Rail 8 min drive to Boynton Beach Com- Status Active muter Rail(Tri-County Commuter) Last Sale Airport 23 min drive to Palm Beach Interna Cold Price $1,000,000($107.91/SF) tional Airport Cate Jul 2019 Walk Score® Very Walkable(71) Sale Type Investment Transit ScoreO Minimal Transit(0) Financing Down Payment of$100,000(10%) Unknown:Branch Banking&Trust Company TENANTS All My Sons Moving&Storage PROPERTY CONTACTS Primary Leasing Company Piling Plus Inc Sales Company Bowen Realty 609 N Railroad Ave 12769 W Forest Hill Blvd Boynton Beach, FL 33435 Wellington, FL 33414 (954)520-5068(p) (561)429-2070(p) True Owner Eric Newmark Recorded Owner THE 4856 GROUP LLC 4856 Bocaire Blvd 4856 Brocaire Blvd Boca Raton, FL 33487 Boca Raton, FL 33487 (954)520-5068(p) Previous True Owner Drapery Castle, Inc. 1220 SW 35th Ave Boynton Beach, FL 33426 (561)752-5585(p) (561)276-3378(f) Copyrighted report licensed to CoStar Group 4/30/2021 CoStarTM Page 7 co N 47 O tm j N m 0 a M �B- Lr I 4¢ i zr, i ' m of t NII t r m , r w T O U ut d N fs: Lf. G ` t-- � � I Q Property Summary Report 3377 N Federal Hwy °""Ib" Boynton Beach, FL 33483 - Delray Beach Submarket BUILDING t`l� k1 Tyre 1 Star Retail Freestanding \1Tenancy Single .. ,`g r i t r r it 1 y t(i tS fr�r�f3 JAS ,t, - - YeaC BC711t 1979 P w GLA 1,220 SF Stories 1 ®.... Typical Floor 1,220 SF Cocks None Construction Masonry LAND Land Acres 0.15 AC Zoning C3 EXPENSES Taxes $3.20/SF(2020) PARCEL TENANTS Pawn or Cash Inc 1,605 SF Super Clean Property Rescue SALE TRAFFIC &FRONTAGE For Cale $599,000($490.98/SF) Traffic Volume 22,543 on N Federal Hwy&Chukker Cale Type Investment or Owner User Rd N(2020) 28,624 on Federal Highway&Intra- Status Active coastal Rd SE(2020) Last Sale Frontage 100'on N Federal Hwy Cold Price $437,680($358.75/SF) Made with Traffic Metrix0 F'roducts Cate Feb 2020 TRANSPORTATION Forking 10 available(Surface);Ratio of 8.20/1,000 SF Commuter Rail 12 min drive to Delray Beach Commuter Rail(Tri-County Commuter) Airport 25 min drive to Palm Beach International Airport Walk CcoreO Car-Dependent(39) Transit Score® Minimal Transit(0) Copyrighted report licensed to CoStar Group 4/30/2021 CoStarTM Page 3 Property Summary Report 3377 N Federal Hwy Boynton Beach, FL 33483 - Delray Beach Submarket PROPERTY CONTACTS Primary Leasing Company Anaheim Properties, Inc. Sales Company Anaheim Properties, Inc. 1155 SW 25th Ave 1155 SW 25th Ave 'Au-m-12 Boynton Beach, FL 33426 'Au-m-12 Boynton Beach, FL 33426 (561)369-5993(p) (561)369-5993(p) (561)369-7106(fl (561)369-7106(fl True Owner 631 Hummingbird, LLC. Recorded Owner Peters 3377 N Fedl Highway Ll 6023 LeLac Rd 6023 Le Lac Rd Boca Raton, FL 33496 Boca Raton, FL 33496 (561)338-5080(p) Previous True Owner Douglas Peters Previous True Owner Lesli 3377 N Fed Highway LLC 6023 LeLac Rd 9193 Delemar Ct Boca Raton, FL 33496 Wellington, FL 33414 (561)516-1355(p) (561)290-3987(p) Copyrighted report licensed to CoStar Group 4/30/2021 CoStarTM Page 4 _ � � �� fly, _ N � W ;. O � ar, N d _. � I O a' � �� a. M a, i � •e �.� „ r �� f � � �,. �y� I 5y� '," e'E �F. $ u � ' '� I� �� f �� jl �� `'�� ,� ti I�- 9, r li _. ''- � Y! � ry,. .: ,e s �, ,_ r t: __ `r"�: I w r �, F �.," r �; � { S �_ T .� ':— _ - V C ,- i- ,. 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Q �; C� G a � � �L � Q Property Summary Report 3351 N Federal Hwy -Wicker & Rattan Furniture Delray Beach, FL 33483 - Delray Beach Submarket BUILDING r n� Type 2 Star Retail Storefront Tenancy Multi rIN�� 4l Year Built 1958 ,�411t� ``i##j COLA 5,000 SF z Stories 1 Typical Floor 5,000 SF Docks None Construction Masonry LAND Land Acres 0.50 AC gill Zoning CG EXPENSES Taxes $2.57/SF(2020) PARCEL TENANTS All About Wicker LLC AMENITIES SALE For Sale $1,499,000($299.80/SF) • Signage Sale Type Investment or Owner User Status Active TRAFFIC &FRONTAGE TRANSPORTATION Traffic Volume 28,624 on Federal Highway&Intra- Parking 12 available(Surface);Ratio of coastal Rd SE(2020) 2.40/1,000 SF 25,099 on Federal Highway&Bam- Commuter Rail 12 min drive to Delray Beach Com- boo Ln N (2019) muter Rail(Tri-County Commuter) Frontage 200'on N Federal Hwy(with 2 curb Airport 26 min drive to Palm Beach Interna cuts) tional Airport Made with Traffic Metrix@ 'roducts Walk ScoreO Car-Dependent(39) Transit ScoreO Minimal Transit(0) Copyrighted report licensed to CoStar Group 4/30/2021 CoStarTM Page 1 Property Summary Report 3351 N Federal Hwy -Wicker & Rattan Furniture Delray Beach, FL 33483 - Delray Beach Submarket PROPERTY CONTACTS Primary Leasing Company Chris Lowry Realty Services Sales Company Chris Lowry Realty Services 80 N 4th Ave 80 N 4th Ave Delray Beach, FL 33483 Delray Beach, FL 33483 (561)523-3939(p) (561)523-3939(p) (561)279-7167(fl (561)279-7167(fl True Owner Gerardo&Linda S Acosta Recorded Owner Gerardo&Linda S Acosta 4807 N Lee Rd 4807 N Lee Rd Delray Beach, FL 33483 Delray Beach, FL 33483 (561)638-9215(p) (561)638-9215(p) Previous True Owner Gerardo&Linda S Acosta 4807 N Lee Rd Delray Beach, FL 33483 (561)638-9215(p) SALE HIGHLIGHTS • 200 Ft FRONTAGE ON US1 • GREAT VISIBILITY • GREAT PARKING • CONVENIENTLY LOCATED BETWEEN BOYNTON BEACH &DELRAY BEACH • High Traffic Count Copyrighted report licensed to CoStar Group 4/30/2021 CoStarTM Page 2 s k 3 C 4: d { i6 O tc >` , F c Nk o tf 0 n D U" t} O U �.c } i , t L Q QNNB }` , �L # 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: May 11, 2021 CONSENT AGENDA AGENDAITEM: 11.A. SUBJECT: CRA Financial Report Period Ending April 30, 2021 SUMMARY: CRA Financial Services staff is providing the CRA Board with the monthly financial and budget reports for the period ending April 30, 2021 (Attachment 1): • Statement of Revenues • Expenditures and Changes in Fund Balance Report • Budget Comparison Schedule- General Fund FISCAL IMPACT: FY 2020-2021 Annual Budget CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY2020-2021 CRA Budget CRA BOARD OPTIONS: Approve the C RA's monthly financial and budget report for the period ending April 30, 2021. ATTACHMENTS: Description D Attachment I - Monthly Financial Report for Period Ending April 30, 2021 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach,Florida) Statement of Revenues,Expenditures and Changes in Fund Balances Through Year to Date-April 30,2021 Total Debt Service Governmental General Fund Projects Fund Fund Funds REVENUES Tax increment revenue 14,928,164 14,928,164 Marina Rent&Fuel Sales 797,371 797,371 Contributions and donations - - - - Interest and other income 88,564 67,277 1,280 157,121 Total revenues 15,814,100 67,277 1,280 15,882,656 EXPENDITURES General government 1,931,488 - - 1,931,488 Redevelopment projects - 5,849,901 5,849,901 Debt service: - Principal - - - Interest and other charges - - 163,453 163,453 Total expenditures 1,931,488 5,849,901 163,453 7,944,842 Excess(deficiency)of revenues over expenditures 13,882,612 (5,782,624) (162,173) 7,937,815 OTHER FINANCING SOURCES(USES) Funds Transfers in - 9,931,300 2,137,822 12,069,122 Funds Transfers out (12,069,122) - - (12,069,122) Total other financing sources(uses) (12,069,122) 9,931,300 2,137,822 - Net change in fund balances 1,813,490 4,148,676 1,975,649 7,937,815 Fund balances-beginning of year 3,182,928 11,040,801 116,097 14,339,826 Fund balances-end of year 4,996,418 15,189,477 2,091,746 22,277,641 Footnote: Transfers between funds include monies received from TIF and carryover from general fund balance. The notes to the basic financial statements are an integral part of this statement. 1 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach,Florida) Budgetary Comparison Schedule General Fund Through Year to Date - April 30, 2021 Original Budget Final Budget Actual REVENUES Tax increment revenue $ 14,852,192 $ 14,852,192 14,928,164 Marina Rent&Fuel Sales 1,000,000 1,000,000 797,371 Interest and other income - - 88,564 Other financing sources(uses) 100,000 545,561 - Total revenues 15,952,192 16,397,753 15,814,100 EXPENDITURES General government 3,883,070 3,883,070 1,931,488 Total expenditures 3,883,070 3,883,070 1,931,488 Excess of revenues over expenditures 12,069,122 12,514,683 13,882,612 OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (12,069,122) (12,514,683) (12,069,122) Total other financing sources(uses) (12,069,122) (12,514,683) (12,069,122) Net change in fund balances $ - $ - 1,813,490 Fund balances-beginning of year 3,182,928 Fund balances-end of year 4,996,418 The notes to the basic financial statements are an integral part of this statement. 1 .�+ > No° o° o° o° o° o° o° o° o° 9 o° o° o° o° o° o° o° 00 00 00 00 00 00 00 00 00 00 00 00 00 00 0° o° o° uq L c-I 7 O M O O O O O UD N to O 00 O 7 m 00 to to r` Ln M to Ln O c-I N O m O O Ln M OO ,� Ln M O M O O O O O Ln m M O 7c Ln Ln to c-I 7 m 7 Ln 7 O O 7 r` O N 7 O 7co N c-I O O O m O O O O O m 4 m O to O Ln Ln m N m o0 7 m r` c-I O o0 N O o0 r` Ln o0 m /1 O E c-I O w Ln O m O -zil Ln r, N w m w w to w O M �t M w m w r, m Q3 W M O Oq O O O c-I W Ln N O O w O w O m O r` c-I m O 7 O Ln N r` O O O Ln O M r` O W O —4C O M O m 7 Ln Ln ON O N O Ln O 7 M O Ln o0 O m Ln -! 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SUBJECT: Approval of CRA Board Meeting Minutes -April 13, 2021 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the April 13, 2021 CRA Board Meeting Minutes ATTACHMENTS: Description D April 13, 2021 CRA Board Meeting Minutes MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ONLINE VIA THE GOTOWEBINAR PLATFORM BOYNTON BEACH, FLORIDA ON TUESDAY, APRIL 13, 2021, AT 5:30 P.M. PRESENT: Steven B. Grant, Chair Mike Simon, Executive Director Ty Penserga, Vice Chair Thuy Shutt, Assistant Director Justin Katz, Board Member Tara Duhy, Board Counsel Woodrow L. Hay, Board Member Christina Romelus, Board Member 1. Call to Order At 5:30 p.m., Chair Grant called the meeting to order. Alan Karjalainen, ITS, read a short statement explaining how the online meeting would proceed and how the public could participate. 2. Invocation The invocation was given by Reverend Woodrow Hay, St. John Missionary Baptist Church. The members recited the Pledge to the Flag. 3. Roll Call The Minutes Specialist called the role. A quorum was present. 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chair Grant noted there was a new agenda. B. Adoption of Agenda Motion Vice Chair Penserga moved to approve the agenda. Board Member Hay seconded the motion. The motion passed unanimously. Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 5. Legal Tara Duhy, Board Counsel, advised Tallahassee has three weeks to go before session is out. There were no specific CRA bills, but House Bill 35 would allow certain public notices to be published online rather than in newspapers. House Bill 1103, deals with accountability, annual reports and audit requirements, but nothing controversial or specific to CRAs. 6. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda Board Member Katz had no disclosures. Board Member Hay had a discussion with Davis Camalier and a text from Bradley Miller. Board Member Romelus spoke with Davis Camalier. She met with Michael Weiner and Jeff Burns and got a text message from Bradley Miller. Vice Chair Penserga spoke to Bradly Miller regarding 16A, Davis Camalier about 15D, Jeff Burns and Michael Weiner for 15G, and Tim Collins regarding item 15E. Chair Grant spoke with Bradley Miller, Jeff Engler, Tim Collins, Davis Camalier, Jeff Burns, and Michael Weiner. 7. Announcements and Awards A. Boynton Beach CRA FY 2019-2020 Financial & Annual Report Thuy Shutt, Assistant CRA Director, presented the above report that contained the FY 19/20 Annual Report and Audit. Five hundred hard copies were printed for distribution to the community and businesses, as well as it being distributed through social media and in downloadable form and new Boynton Beach CRA website. It has a summary of activities for FY19/20, the audit and financial information expenditures, program and project information the CRA offered, and also the COVID relief efforts, promotional initiatives, affordable housing, economic development grants and the Boynton Harbor Marina financials. 8. Information Only A. Public Relations Articles Associated with the CRA 9. Public Comments 2 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 Marcelo Juchem, a tenant at the Boynton Harbor Marina, explained he has been there for 20 years with his boat and jet ski rental businesses. He congratulated the CRA for the work the CRA did at the Marina and announced his business is growing. People have been trying to get out due to COVID. He commented there are empty slips at the Marina. He occupies slip numbers three, four, five, six and seven and slip one is empty. He would like for the Board to assist him in growing his business, by him renting slip one. Mr. Simon explained there is no slip one and that the area Mr. Marcelo was referring to was the area in front of the open space, which was designed to remain open and not to have a tenant. Slip two is the water taxi slip. Chair Grant suggested renting slip two to Mr. Juchem and when the water taxi arrives, they can talk. The area is next to the Sea Mist and they did not want to have rentals. Mr. Simon explained he has not had a chance to speak with Mr. Juchem about it. If the Board wants to consider the request, staff will make a presentation, but there is currently no rentable space there. Board Member Romelus asked if there are other slips available. Mr. Simon commented there may be another slip in the teens, but they would need to meet with the dockmaster and the tenant to see what is available. She did not support renting the open space area referred to as slip one. Board Members Hay and Katz agreed. The open space next to the Sea Mist will remain open. Mr. Juchem explained slip one was used by Splashdown Divers for many years. He asked why the decision was made to keep the space open. Chair Grant did not know, but there was Board consensus not to lease that spot. Tory Orr, 106 7th Avenue, asked why they could no longer have music at the park. Chair Grant suggested he speak to the City Commission about improvements at Sara Sims Park as the CRA cannot discuss it. Mr. Orr asked when the gate will be fixed, which he reported to Kacy Young, Recreation and Parks Director. He asked who else he should speak with. Chair Grant recommended he use the City's app called My Civic. He should take a picture of the broken gate and submit it or send it to him as it provides documented evidence of an issue. No one else coming forward, Public Comments was closed. 10. CRA Advisory Board A. CRA Advisory Board Meeting Minutes - March 4, 2021 B. Pending Assignments 1. Review of Commercial Properties within the CRA Area B. Reports on Pending Assignments Mr. Simon explained the CRA Advisory Board discussion on April 1St, centered on new assignments regarding review and recommendation of commercial properties. The 3 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 review list was provided by staff. The Board moved to revisit the item at the May meeting, discuss and view the property in greater detail and report back to the Board as a whole, at the May meeting. Chair Grant noted there are no more than four properties reviewed at a time. 11. Consent Agenda A. CRA Financial Report Period Ending March 31, 2021 B. Approval of CRA Board Meeting Minutes - March 9, 2021 C. Approval of Commercial Property Improvement Grant Program in the Amount of$50,000 for Yellowbeard, Inc. located at 1022 N. Federal Highway This item was pulled by Chair Grant. D. Approval of Commercial Rent Reimbursement Grant Program in the Amount of$21,000 for Boynton Beach Seafood Company LLC located at 1022 N. Federal Highway This item was pulled by Chair Grant. E. Approval of Commercial Property Improvement Grant Program in the Amount of $50,000 for Bud's Ventures, Inc. d/b/a Bud's Chicken & Seafood located at 509 E. Boynton Beach Boulevard F. Approval of Commercial Property Improvement Grant Program in the Amount of $1,569 for Boardwalk Italian Ice & Creamery, LLC located at 209 N. Federal Highway G. Approval of Commercial Property Improvement Grant Program in the Amount of $25,000 for ManCave for Men Boynton Beach LLC located at in One Boynton at 1513 S. Federal Highway H. Approval of Commercial Rent Reimbursement Grant Program in the Amount of$14,748 for ManCave for Men Boynton Beach LLC located in One Boynton at 1513 S. Federal Highway I. Approval of Commercial Property Improvement Grant Program in the Amount of $25,000 for 409 E A LLC located at 409 N. Railroad Avenue 12. Pulled Consent Agenda Items C. Approval of Commercial Property Improvement Grant Program in the 4 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 Amount of$50,000 for Yellowbeard, Inc. located at 1022 N. Federal Highway Chair Granted noted the properties at the above location and the Boynton Beach Seafood Company LLC. In the past, they allowed landlords to get rent assistance from the CRA if operating a business on site, but he thought it was not the correct program to do so. He encouraged properties to be bought by small businesses and receive help with the mortgages from the CRA. He wanted next year's Economic Development Grant program to allow assistance to help purchase the businesses. He did not support spending money for another fish market without speaking with the proprietor to get more information about what they are trying to do. There are issues with Lionfish and he wants to ensure local fisheries are maintained. He wanted to table the two items to the next meeting to allow for discussion with the property owner and the business. Chair Grant wanted to see the business model, and if they are selling only local fish or fish from all over the world. The aspect of the rent payment normally is reimbursed to the landlord. When they provide rent reimbursement, there are two entities and one person signed as both the landlord and the business. The CRA may want funds to go to other businesses that are not operated by the landlord. The rent reimbursement is for new businesses to come in, but the landlord would create a new business for himself to get rent payments, which could be a conflict. Vice Chair Penserga queried if they were the same entity or separate and if the money would still go to the landlord to pay for the small business lease. Chair Grant explained the landlord could say the rent reimbursement is for a separate entity. The business and landlord should be separate and that is the discussion he wants to have. He did not feel the Rent Reimbursement program was the right program to do so and would like it to be a different program. As for the business model, they rely heavily on the fishing gear and he wants to ensure the proprietor is mindful of the rules and has the right licenses. He reiterated he only wants to table the item Vice Chair Penserga was willing to table first item, but did not understand the second. He noted the CRA could stop payment. Chair Grant commented if approved, they cannot stop payments and the CRA could be liable. Board Member Katz explained the Commercial Improvement grant is a matching grant. If they want a $50K grant, they have to spend $100K and then submit for reimbursement. He was open to a discussion about rent reimbursement and would table that item, especially if the person owned the property for a period of time. As far as the commercial improvement, he was in favor of approving item C and tabling item D. Attorney Duhy explained the Board set different tiers of businesses and criteria for awards of both of these grants based on that criteria. At this time, there is criteria that matches the issues that were raised. She was more comfortable, if the Board wanted to discuss how to handle this situation in the future, if they would consider changing the tier for a certain type of business based on information or a request for additional 5 Meeting Minutes Community Redevelopment Agency.Board Boynton Beach, Florida April 13, 2021 information. With rent and landlords, the Board has, in the past awarded the grants to owners who rent. She would not apply it to this instance, and thought further discussion was warranted. She recommended the Board consider looking at the terms of the overall program in the future. Motion Board Member Katz moved them forward tonight and have future discussions. Board Member Hay agreed and asked what the mindset was to put it on the agenda at all. He asked about item D. Mr. Simon explained it meets all the criteria of the rent program, and it is a complete application. He had no hesitancy putting it on the agenda. It was not a condition that would prohibit them from applying or being awarded the grant and in prior years, it has not been criteria they objected to. Member Hay thought the Board should move them both forward at the meeting tonight and have the discussion in the future. Ms. Nicklien explained the business qualified under Tier 1 as a gourmet food market. She uses the use listed on the City's Business Tax Receipt. Part of the reimbursement process is to obtain the Business Tax Receipt and she cross checks it before she issues reimbursement. It is not a convenience store. Vote Vice Chair Penserga seconded the motion. The motion passed unanimously. (Chair Grant dissenting on items C and D.) Motion Vice Chair Penserga moved to approve the remainder of the Consent Agenda. Board Member Romelus seconded the motion. The motion passed unanimously. 13. CRA Projects in Progress A. Grant Closeout for Habitat for Humanity of South Palm Beach County's FY 2018-2019 (Winer) Nonprofit Organization Grant Program (NOCP) Ms. Shutt explained this is the last grant allocation for this program as the program was retired last year and replaced with a new Affordable Housing Rehabilitation grant, new construction of new affordable Housing and Workforce housing. They had received an extension and then submitted all the required reports. They expect reimbursement within a week or so. Excerpts of their results were viewed. They completed three new single-family units. They also had to revitalize the area, conduct critical repairs and hold a housing workshop. Photos of the activities were viewed. Three families received new homes and 16 renovations took place. A representative was present. 6 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 Motion Vice Chair Penserga moved to approve. Board Member Hay seconded the motion. The motion passed unanimously. B. Marketing, Business Promotions, and Social Media Update Mercedes Coppin, Business Promotions and Events Manager, gave a presentation showing the social media posts in March. The Business Development Team and the Neighborhood Officers walked the CRA area to conduct business visits. They visited Colonial Gateway Veterinarian Center and published a post regarding their Intent to Dispose of property at 401 E. Boynton Beach Boulevard. The Social Media Outreach Program (SMOP) promoted two new business and the CRA annual report. Examples of posts promoting local business and to dine and shop locally were viewed. A review of the Boynton Beach Bucks program showed 11 deals were redeemed, 22 people took advantage of the promotion and 118 completed a corresponding survey. Twenty two percent of the respondents had previously eaten at Pio Pio and 78% had not yet dined at the restaurant. Examples of social media posts were viewed. At the end of March, they used the Boynton Beach Bucks promotion for the Your CBD Store. Staff will give an update on the success of the program in April. C. CRA Economic & Business Development Grant Program Update Ms. Nicklien gave an update. With tonight's approvals included, the CRA awarded $443,000 to 18 businesses since October V. After tonight's approvals, the balance in the line item will be $55K. She is working with eight business who will submit applications in May or June. To accommodate them, the program will need $245K. Ms. Nicklien listed the businesses. A list of new BTRs in the CRA District was also provided. Vice Chair Penserga supported continuing the program and reallocating the funds. Additional funding sources were from the Contingency Project Fund line item, which had $361,081. It is a line item they rarely use that typically has a maximum of $100K in it. Another suggestion was to replenish the Boynton Beach Streetscape Improvement project by allocating a certain amount at the beginning of next year and replenish funding from the Housing Authority line item, but although the application to HUD was moving along, he wanted the funds to be available. His best recommendation was from the Contingency Project Funds. Motion Vice Chair Penserga moved to transfer $250K from Contingency into the Economic Development Grant program. Board Member Romelus seconded the motion for discussions 7 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 Board Member Romelus asked if Mr. Simon if the CRA anticipated funding from the federal government for small business recovery. Mr. Simon explained they may be able to take advantage, but he was not aware of funds going to the CRA. It was clarified that when an application is made, staff informs applicants that there may not be enough funds to fund their application. There would be $54K left to assist businesses if the grant applications on the agenda tonight were approved. Chair Grant did not want to reallocate the funds because of the properties the CRA may want to buy. There will be federal monies available through the SBA, so he thought they did not have to give the same funding and they will know more next month. Board Member Katz asked if there were funds for property acquisitions in the present budget. The Woman's Club had $232K and the Boynton Beach Boulevard project had funds. Discussion followed among the Board Members where to take the funds. Board Member Romelus rescinded her second. She thought the CRA has done a lot to support small business. The economic development grants are to beautify and embellish. Businesses have a six-month window to apply and after that time period, they are ineligible to apply. She suggested offering a courtesy waiver for the businesses in the queue. Ms. Nicklien explained they extended the deadline to a year, Board Member Hay agreed with Board Member Romelus. The next fiscal year is in October and it made him nervous to deplete funding to this level. Chair Grant supported ensuring all those on the list receive some funding. That was why, out of $360K he proposed $150K or $160K from Contingency Funds. They have a lot of funds allocated that have not been spent. He asked how long someone had to get their Certificate of Occupancy before the funds can be used by another business. Mr. Simon explained they need to have a discussion about the expediency of when business permits are issued in order for them to expend those funds. Vice Chair Penserga explained he made the motion understanding now is not the time to stop stimulating small businesses. They are on a rebound, which is why he supported continuing funding, but they are depleting the fund. The current program has $50K left, there is money in Contingency which normally has about $100K. If they have $361 K in Contingency, and his motion was to transfer out $250K, his motion would not deplete the fund. It would return the fund to the balance it would normally have. Motion Vice Chair Penserga amended his motion to allocate $150K so there would be a total of $200K in the Economic Development Grant program. Board Member Hay seconded the motion. The motion passed unanimously. Motion Board Member Romelus requested to move item 15G up as a representative was in the audience and so moved. Board Member Katz seconded the motion. The motion passed unanimously. 8 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 15 G. Discussion and Consideration of Terms for an RFP/RFQ for the CRA Project Located at 115 N. Federal Highway (Heard out of order) Mr. Simon explained the item is for discussion of the desired elements to include in the RFP/RFQ for the disposal and redevelopment of the CRA-owned property at 115 N. Federal Highway. At the March 9t" meeting, Survey Monkey results were presented. He included the items that were supported and several other bullet points to make developers aware of what they would see. Chair Grant commented the property is a big block of land. The CRA is the majority owner and they can dictate what they want. The Tax Increment Financing (TIF) Item they skipped over on the agenda showed out of$20M collected for a new project, $10M was given back to the developer and the increased property value was $240M. He wanted it to be a public private partnership and the CRA require the developer to take the TIF to improve the project. He felt, the CRA had to give land and money in exchange for benefits to the CRA, the City and community and that the City did a poor job with the job fair. Out of 120 people that attended, only eight people were hired. Board Member Katz did not object to using TIF, but as far as putting it in the RFP, thought it should say TIF may be a component. He thought as long as they get something they normally would not receive in a project, in addition to the land value, there would be no problem. Board Member Hay had no objections to using TIF, but thought they were in a holding pattern. They can work together to get something done. They have an opportunity and there are some pretty good ideas to bring to the table. He had noted there was no reverter clause put in when the property was conveyed and it should have. He wants to hear the ideas of the three developers. Vice Chair Penserga also supported TIF funding, a public private partnership, and a reverter clause. Davis Camalier, Boynton Beach property owner, more specifically the owner of the Ocean One parcel and the property adjacent to the Library site advised he spent considerable time with the Commission, talking and communicating with many and he would like to work with the City. They have to put their minds together and develop the 115 and 114 Federal Highway parcels, as they are vital to activate the east end of Ocean Avenue. He did not want the Board to issue an RFP for just the Library site or develop the area building by building or block by block. They have an opportunity to do something spectacular on seven acres and he will work with them to accomplish that. Vice Chair Penserga commented all agree they want the best possible project on both properties that sets the City apart from others. Mr. Camalier explained Bonnie Miskel was also present. He did not know how to move forward and offer a suggestion. Chair Grant did not think, if the Board gives consensus to staff to issue an RFP/RFQ, it would be ready to do anything in May in order to accept their offer. 9 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 Board Member Katz was open minded to several options regarding property owned by both parties, but he did not believe the RFP for 115 should be tied to the property across the street because then they are tethered to another property with technical issues. He suggested signing an agreement for the CRA to purchase the Boardwalk property or be given the property in exchange for their property across the street, which did not have a reverter clause, that now sits unowned by the CRA with an unknown project looming. He expressed caution about any efforts to tether any project. He would move forward with the property across the street and it did not have to be tied to 115 and if they can do something across the street, they can help them. Board Member Hay agreed to a point. The project is very important. He thought there needed to be some kind of penalty for reneging on what they agree to set up. As far as a reverter clause, if someone plans what they will do, there is no reason to fear having a contingency plan and it tells him if they do not like the idea, it indicates they have no intention to make anything happen in a reasonable time. They need something to protect the CRA Board. The property was sitting for a long time and he was discouraged. He did not feel 100% about moving ahead with the project, but was willing to listen. Board Member Romelus commented at the last CRA Board meeting, the Board was disappointed in Mr. Camalier regarding him accepting the Board's proposal to pay the fee rather than build the park. She commented they will build 115 Federal Highway one way or another and wants a project that is not a piecemeal project that has a general master plan for the corridor like they had with the Town Square. They are equal partners in the discussion. They do not have to develop 115 Federal Highway, but she thought it would be smart to develop it with their neighbors to have a project that will work for the next 50 years. She wanted to look at the project, and realize they have a partner. She wanted action behind words and thought the next step is to have a discussion with the CRA Director and the parties to show interest in working with the Board in whatever format it may be and then decide what they are looking for and how they should issue the RFP. Jeff Burns, CEO of Affiliated Development, commented he was aware the Board was looking for a partnership and his organization constructed half a billion dollars in public private partnerships. He suggested the Board have a lot more discretion and flexibility with its partner. As to the surrounding property owners and businesses, the partner should have the ability to account for said nuances that are outside of the boundaries of the property. He urged the Board to consider issuing an RFQ and find someone qualified with a successful track record with the funding in place and a list of feasible projects. He thought the area should be a destination. The conversation for this property should include some of the surrounding properties. Bill Morris, 777 E. Atlantic Avenue, Delray Beach, commented, for the last 22 years, he has committed himself to working in downtowns such as Delray Beach, Boca Raton and Sarasota. He and his wife were personally on $250M of full recourse loans. A project they were fortunate to win was Worthing Place. He requested the Board be flexible, whether it is TIF, the cost of land or a garage. Mr. Morris explained they received the 10 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 land for Worthing Place for free and wound up building a garage which is now valued at over $LOOM. Palmetto Place in Boca Raton has 2K to 3K residents. Mr. Morris suggested not putting limits on incentive programs, and urged the Board to think about the reality of what the Board will get as the real value is what the project means to the community. He thought it would be tough to acquire outside properties, and that the Board should be mindful of efficient garages and uses of alleyways. They were given 21 feet they did not own in Worthing Park thanks to a savvy utility director and his wife and it is now a cool pocket park. The Board could get the same thing by Dewey Park and there are good options. The project is a wonderful opportunity and he urged the Board to be mindful of impacts and the efficiency of the site. If they moved over 40 feet, they could get a 750-space parking garage. Chair Grant commented the main thing the Board has to decide on what they want in the project. They conducted a survey which showed people want commercial space. Chair Grant was at lunch at Pio and saw the First Financial Plaza. He noted there was no office space, and when 500 Ocean built 10K square feet of office space, someone bought all of it. He wants it to be easy for people to ride on Palm Tran because of intersection of Routes 73 and 1. His focus is economic development and transportation. The area is supposed to be a destination. It is not just where you work, it is where people live and play. Chair Grant thought the board did not necessarily have to agree to everything in order to move forward. He was excited to move forward with the RFP/RFQ and speak with Mr. Camalier. Chair Grant wanted to see a train station, but it was far away. He wants a Community Benefits Agreement with the CRA helping with workforce housing, apprenticeships, job fairs and local hiring requirements. Chair Grant would like to have office and retail with slightly more office space for a corporate headquarters reserved on one or two floors, while being flexible with the developer or if they wanted live work spaces, which he was fine with. Board Member Katz commented the property is zoned to a higher use and he favored reserving office space on one or two floors. He asked if the Board would be amenable to having two or three extra stories. Chair Grant would not want to take away from residential units. The feedback received from the Letters of Intent was the building would be eight or less stories due to fire codes. That is where the CRA would help with the funding from TIF. Chair Grant was fine with a maximum of 15 stories and with workforce housing, they could build a little higher. With the CRA, County, State and Federal partners involved in the project, he was fine with having mixed income units. It does not all have to be workforce housing. Board Member Katz would be open to more height, especially if it is office space. The CRA owns the property and they can solicit adjacent properties as they see fit. He wanted to control the space of the property and not enter any agreements or be in a position to have to ask permission for a property across the street when they could have separate negotiations for the property. He did not want the 115 Federal Highway property to be tied to the property across the street. 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 They entered a P3 and other than the government performing, the CRA has nothing and he did not want to repeat a mistake. Vice Chair Penserga was agreeable to a proposal that included office spaces. He liked the idea of living and working in the same area. He was aware if the building is too tall, the costs would kill the project. He thought in the new normal of a post pandemic world, if people would go to the office. He wanted to see what the market would bring. Board Member Hay agreed. He asked Mr. Simon about the cost to build over eight stories, which a developer would have to agree with. He wanted to hear Mr. Camalier's ideas and did not want to lose control of the 110 Federal Highway property by tying it to the 114 property. If it is not what is laid out, they can still issue an RFP and go another route. He would listen to a plan without getting locked in. Whatever they do with 115 Federal Highway would still have a reverter clause. Chair Grant commented it worked out well for the CRA with the Magnuson House. The Board can extend it or not, but they want to hold their partner accountable they will do what they say they will do. With issuing of the RFQ, they can include the 114 N. Federal Highway property, but describe it is not necessary for a developer to propose a project on both parcels. Board Member Romelus thought Chair Grant's last point should end the conversation. She favored having a willing partner to work with the Board to redevelop the area and control and maintain their property, but there is room for talk and exploration to look at other partnership opportunities. She supported moving forward with the RFP and have Mr. Simon speak with Mr. Camalier about what they want to bring to the table. It is not binding, rather if a developer wants to respond to the RFQ knowing there is an entity to partner with them for the 114 property, they can include it in the RFQ. Mr. Simon commented he is being asked to develop an RFP on property they do not own. He was unsure they went through the bullets with regard to the survey. Chair Grant commented there is consensus for staff to talk with Mr. Camalier to come up with a joint RFP and the Board return in May for a discussion with the owners of the 114 Federal Highway and the CRA property. Mr. Simon asked if Mr. Camalier agreed to the CRA writing an RFP with his property. Board Member Romelus commented Mr. Camalier would like to partner with the Board. She thought clarification was needed if Mr. Camalier wanted his property included. Board Member Katz noted whoever proposes something for 115 has to talk to the owner of the property across the street. He queried if the reason for Mr. Camaliers involvement with 115 is for Mr. Camalier to secure financing for his project. The CRA is looking for an RFQ/RFP for private property that will use public funds and the Board has not discussed anything that the project might offer in exchange. It sounds like the property is attaching itself to 115 to gain public funding, but is guaranteeing nothing. If they put it in the RFP/RFQ, they are tying the projects and they do not know what will come out of the ground across the street. They are wrapping a private partner into the 12 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 115 property without discussing the project with the owner. Hypothetically, an age restricted facility will be put on a prime piece of land by tethering 115 to a private property across the street. They should negotiate separately. They are giving away the farm before advertising it is for sale. Chair Grant commented there is Board consensus for staff to talk with Mr. Camalier to hear what he is offering. Chair Grant wanted economic opportunities, such as office space, mass transit accommodations for rail and bus stops, and a CBA as part of the RFP/RFQ. He would leave it up to the developers for anything in addition to that to make the project profitable. He wants to work with them. He understood staff would speak with Mr. Camalier and discuss an agreement they feel is acceptable and fair and if not why and try to issue an RFP/RFQ in June. Vice Chair Penserga reiterated Mr. Camalier expressed his willingness to partner with the Board. There is nothing that stops anyone from speaking to staff. He will move forward with the RFP and be open minded. If there is a mega project with all the players in place, it was fine. He saw no reason to delay the RFP. They can all speak with one another. Vice Chair Penserga would like to see as many of the bullet points included in the RFP. It boils down to what the market has to offer. Board Member Romelus explained the 115 property is the main priority because the CRA owns it and the Board is issuing an RFQ, not an RFP with the option for the development team who may own adjacent properties to include their property in the proposed project. She thought continued discussions with all parties was needed as the CRA cannot complete the project on their own. The Board is not responsible for any development or construction for the adjacent properties owned by the developer. Vice Chair Penserga thought that information was already contained in the RFP/RFQ. The RFP aspect was similar to the Cottage District showing the Board what they want to build, versus a developer presenting their qualifications to build what the CRA wants them to build together, similar to the Town Square project. It would be a joint effort. Vice Chair Penserga commented if they issue the best RFQ, and they cannot build what was requested, he did not want to open the door for the CRA to not receive what they agreed to. Attorney Duhy recommended, if the Board was proposing to include required program elements, issuing an RFP/RFQ. This would include financials, partnership data, and the proposal would include elements they want in a program. An RFP gives broad discretion to change and negotiate the terms, but it lets someone know the important elements they want, which were previously discussed. Mr. Simon agreed. Board Member Hay thought the staff could not have a sit down with Mr. Camalier, while trying to write an RFP or RFQ at the same time. He wanted to find out the discussion with Mr. Camalier and see what direction they want to go in. He felt Mr. Camalier did not want to have his property included as part of an RFP/RFQ. Board Member Katz commented the CRA does not have a deal with Mr. Camalier. The RFP says if you apply, speak to 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 another property owner, which the CRA has nothing to do with. If the Board wants to partner with Mr. Camalier and incorporate his project with the 115 property, it is a discussion that needs to take place before an RFP/RFQ is issued. They cannot ask people to bid on private property without conditions. Board Member Hay agreed Mr. Camalier explained giving his property to the City was not something he was thinking of doing and the property across the street was not vacant for 15 years. It was a bank and they left because downtown because Boynton was not a place to go. He was not at the last few meetings. He was present to say he wanted to try to work together. He is an investor who wants to maximize his efforts and working together was the focus of his message. He is working with others who may put forward a proposal. He believes the sum of the parts is greater than two individual projects. Chair Grant reviewed the Town Square RFP/RFQ, and read the language. The City is open to the proposer bringing in other properties owned by the City or private properties within the City. Mr. Camalier explained he has been talking to the Board and they felt he wanted to sit on the property and do nothing with it. He clarified he wants to do something positive and great and they have the potential to do so. If they take the Library site and build a building, it just becomes a building and the CRA will get building after building after building. He questioned if the CRA would have a center or a place where people will want to be. The more property there is to do so, the easier it becomes. Chair Grant agreed and explained they have not had the best of luck with private developers, nor has anyone pulled a permit for any mixed-use project. He felt having Mr. Camalier as part of the team was valid, although not necessarily a requirement of the RFQ, Mr. Camalier thought he would end up submitting his own proposal. Chair Grant wanted staff to speak with him regarding the RFP/RFQ. Mr. Camalier explained the purpose of him appearing was to try to turn the relationship around. Board Member Hay thought the Board could delay the RFP/RFQ for a month or two and get input from Mr. Camalier. If the Board does not like his concepts, they could still move forward. Mr. Simon explained there is no accelerated timeframe the CRA has other than what the Board has decided on. Mr. Simon has enough information to move forward with Mr. Camalier and to develop a draft RFP/RFQ, including the bullet points in the draft RFP/RFQ including the mass transportation, office space and the CBA. Attorney Duhy explained traditionally, they have incorporated CBA terms into the agreement. Chair Grant wanted to ensure the partner they have understands the Board wants the community be involved with the construction of the project. Attorney Duhy explained when they discuss the TERFA, they can discuss it further. There was consensus to discuss this at the next meeting. Chair Grant wanted to rearrange the agenda and wanted a motion to speak on item 16 A, then 15, B, C, E and then 15 A, D and F. Motion 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 Vice Chair Penserga moved to rearrange the agenda as stated. Board Member Hay seconded the motion. The motion passed unanimously. 16 A Discussion and Consideration of a Purchase and Development Agreement for the Property Located at 508 E Boynton Beach Boulevard. (Heard out of order.) Mr. Simon advised they have funding available for the deposit of$100K with the balance to be appropriated in the 2021/2022 budget for closing in November 2021. Motion Board Member Hay moved to approve. Vice Chair Penserga seconded the motion. The motion passed unanimously. Chair Grant requested Board consensus for the property to be part of the of the 115 Federal Highway RFP/RFQ because they can buy it now. There were no objections. 15 D. Discussion of Status of Purchase and Development Agreement with Ocean One Boynton, LLC for the Ocean One project. Chair Grant noted Mr. Camalier was looking to build a park as the timeframe to construct a building within the next six months. Board Member Romelus understood they would pay the fee in lieu of building the park as building a park was not a feasible option. Mr. Camalier explained they would pay to build a park. Attorney Duhy explained they are in default under the terms of the agreement. To preserve the Board's rights, she will send a simple letter noticing them of the default. Chair Grant favored waiting an extra month before sending a letter. Mr. Camalier did not believe they were not in default. Attorney Duhy explained there is a commencement of construction date, which was last extended to March. There was an offer for a longer extension, which was not accepted and they had withdrawn the request so now the date is March. Since it passed, it is technically a default to commence construction. Ms. Miskel thought the terminology was to complete construction, but it was to commence construction. She did not think it was an issue for the Board, rather it is a technicality for which she requested direction how she should proceed. Mr. Camalier was unaware of any default as it relates to Ocean One or the park. Mr. Simon commented there were three extensions. Chair Grant thought the Board could discuss this next month. Board Member Katz had no problem with a 30-day extension, due to the confusion. He commented this is an agreement that was made and signed in exchange for land valued at hundreds of thousands of dollars and worth potentially millions for a potential private project. Mr. Camalier disagreed with Board Member Katz and explained the 60 or 70 feet of land was not buildable and he was the only person who could make the property buildable. He advised the Commission had evaluated building a park themselves. The 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 Board had an appraisal done, which said if you have a big building and there is extra land, it is worth x dollars . Land is worth what it was worth on its own. They could not even fit a ramp to get to parking which is required under the Code, it was unbuildable. He disagreed on how valuable the land was. Board Member Katz commented he was referring to how valuable the land was to Mr. Camalier. Motion Vice Chair Penserga moved to delay the issuance of the notice of default for 30 days. Board Member Hay seconded the motion. The motion failed 2-3 (Chair Grant and Board Members Hay and Romelus dissenting.) Attorney Duhy noted the Board has not waived their right to notice the default at a later date. She agreed to contact Attorney Miskel. 15 C Discussion and Consideration of Responses to a request for Additional Information from Respondents of the RFP/RFQ for the Cottage District Infill Housing Redevelopment Project. Chair Grant noted at one time, five people applied and they are now down to one. Mr. Simon explained the item was to discuss the request made to the Boynton Beach Cottage District LLC, Pulte Home Group, LLC, and Azure Equity, LLC, for additional information about housing prices and the Boynton Beach area median income chart. The Boynton Beach Cottage District.LLC withdrew their response after the meeting last month and Pulte withdrew their proposal yesterday, so the single proposal received during the time period was Azure Equity, LLC. That information was provided in the attachments and representative from Azure were present. The options were to select Azure Equities and commence negotiations, terminate the RFP, or request more information. Franck Gotsman, Azure Equity, was present. Chair Grant wanted to move forward working on a purchase and development agreement with the CRA. Based on the CRA's last discussion with the developer, the City wanted to rearrange their design and would likely do so with Azure. Mr. Gotsman explained they are open to a redesign and all the homes will be in the 80% to 100% of the Area Median income range. Vice Chair Penserga commented they made no mention about maintaining affordability and how to keep the homes affordable and not flipped a year after. Mr. Gotsman explained they work the highest percentage possible. There will be three parcels at 80% of AMI and the rest at 100%. The cost of construction increased and the bank is being difficult. They have come in with a product that fits the CRA with different options for houses so people can choose and upgrades should.they decide. The prices of the home are $199K. They are working closely with Keturah Joseph, at the Boynton Beach CDC on the price points. They could include a park and a bus stop for the children. He tried to talk to Ms. Oyer and left messages with her brother to include the property next to it, but has not been too successful. Vice Chair Penserga reiterated his concern how to 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 maintain affordability. Chair Grant did not want the homes to be flipped or rented. He noted they have associations, or land trusts, similar to what Habitat for Humanity does with a Community Land Trust and thought that was something the CDC could help with. Mr. Simon explained that was a different model outside the parameters of the RFP/RFQ. Mr. Gotsman commented they cannot put restrictions on people. They will work to find Boynton Beach residents to give them the first opportunities and the CDC has a list of homebuyers. He commented they cannot inform individuals they cannot sell their homes in three or four years. They are working on putting together a community that makes sense and for the long term. They are open to discussion and would be amenable to suggestions as long as it does not hinder people from purchasing the homes. Board Member Romelus was opposed to a land trust that would not allow the owner to own the property outright. The purpose of the community was to make it affordable and give the homeowners the opportunity to benefit from the equity they would build in their homes. They cannot guarantee the homes would be in affordable price ranges in perpetuity. She was not opposed to an association. Vice Chair Penserga agreed with Board Member Romelus. Mr. Gotsman explained the community can be designed in a Key West style. Motion Board Member Romelus moved to select Azure Equities. Vice Chair Penserga seconded the motion. The motion passed unanimously. 15 E. Discussion and Consideration of Letters of Intent for the CRA-owned Property located at 401-411 E. Boynton Beach Boulevard. Mr. Simon reviewed the history of the project and the various proposals as contained in the meeting materials. Board Member Katz thought Mr. Collins' Letter of Intent should be accepted. He did not know if any of the remainder of the letters could fit into the site and liked the flexibility of what Mr. Collins was offering. Mr. Simon explained the remainder of the property that is structural is not usable and that is why they are slated for demolition. The focus of the proposal would be limited to the 401 main building on the corner. Board Members Romelus, Hay and Vice Chair Penserga supported Board Member Katz's comments. Chair Grant commented his proposal requests access to all grants and they have no more funding. They could move forward with Fish Depot, but he did not know if they would move forward without the grant funds. Board Member Romelus noted the CRA has grant funds that will be allocated in the next fiscal year and businesses, if they cannot apply now, could apply next year. Mr. Collins explained they get fish from a number of areas, some of them local and the local reefs do not support what the population will consume as there are not a lot of fish 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 here. They get their fish from the Keys, Louisiana, Gulf Coast, Central America and the Caribbean. His store stays on the Atlantic and Caribbean side. A portion of the shell fish and items of that natures are always frozen. Some of them are farm raised as most shrimp are farm raised. Most clams are farm raised clams grown in NW Florida and Cedar Key and grown in the wild. He learned conservation at an early age and to never catch more than you can eat. He needs a wholesale and retail dealer license for fresh and saltwater fish. A license from NOAH for reef fish is needed if buying directly from fisherman. He noted China is trying to buy the rights to the Bahamas fisheries. He has cooperated with the Fish and Wildlife Conservation Division multiple times. Mr. Collins advised they had three full-time and.a part time employee. Now they would have a minimum of five or six, four full time and two to three-part timers. Allison Moore Timms, Program Development Director, Chris Noel's Vetsville Cease Fire House, Inc. explained Vetsville was given a facility by Boynton Beach 25 years ago and they have continuously operated a homeless shelter on NW 19th Avenue for at least 10 residents every night. They have extensive support from the veterans' community, such as the VFW. She was raised in Boynton Beach. Her mother was active during the war and the connection within the veteran's community is tremendous. She announced there is not one veterans thrift store in Boynton Beach or the County They have the resources and could be operational in 60 days. Her intent is to provide therapy through art for the veterans and wants to hire eight to 10 people. She wanted to turn the side lot and the structure into a gallery/retail space including outdoor art. They could get a muralist. She is looking for an opportunity and a chance to launch something different. There is much they can bring to the community. Two thousand dollars for rent is a safe number for her, but permitting may take a bit longer. They would like to increase their presence is Boynton Beach and there is a lot they could do with the community at large, the schools and ROTC. She requested her application be considered. Chair Grant wished they would have met sooner and advised there is vacant space in the City. He thanked her for submitting her letter of intent. Fernando Vargas,1060 Audace Avenue, explained his wife is a police officer and that area is not a safe neighborhood. The proposal was three buildings, but now it is a corner lot and he would need more space. He proposed a creative center. The budget he put together was for 409 or 411. He can increase rent and foot traffic and they can hire full and part-time employees. Chair Grant wanted to help find them a location. The City also issued an RFP for innovation space at City Hall. He hoped they would hear more on that soon. Mr. Vargas explained what his business does. The CRA policy is to go out to RFP when more than one LOI is received. Attorney Duhy explained it could be waived. Discussion followed they should rank the respondents Board Member Katz commented knowing that some property is not available, he favored working with Mr. Collins, and if it fell through, they could contact other interested parties. He did not want to rank them as some proposals do not adhere to the property 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 and part of it is being torn down. Mr. Simon explained staff gave all applicants the disposition of the three buildings and it was very clear, two of the buildings would be demolished. Vice Chair Penserga seconded the motion. Mr. Muscatello advised they looking at the building on the corner and their goal was to bring their business on Gateway off High Ridge Road to the new location to consolidate it. They understood the two building would be demolished. Mr. Muscatello explained 212 S. Federal Highway was under contract last year, but the developer pulled out of the deal. He had no objection to anything that was occurring, but he commented their proximity needs to be near the Marina and they have to have rent that is affordable. If he could bring his two facilities together, they could afford higher rent. They do not take a salary, it goes to the employees. They are a three-month business from the middle of June to the middle of September and the locals do not like to dive in water under 80 degrees. He hoped there was an affordable location. Vote The motion passed unanimously. 14. Public Hearing 15. Old Business A. CRA's Small Business Disaster Relief Forgivable Loan Program Update Ms. Nicklien reviewed this program assisted 101 CRA businesses affected by the pandemic. The program requires recipients to submit paperwork one year later in order to have the loan forgiven. As of April 6t", 86 of the 101 CRA businesses have submitted the required documents and had their loans forgiven. The CRA staff has noted some businesses had challenges meeting the loan requirements to forgive the loans and staff has recommended some changes. Staff also recommends that rent or mortgage expenses should be considered eligible expenses if the recipient did not already receive other rental assistance from the CRA. This would expand the time allowed for repayment. Motion Board Member Hay moved to approve the recommendations. Board Member Romelus seconded the motion. The motion passed unanimously. Mr. Tim Collins thanked the Board for their support. Chair Grant explained the Board will approve the lease at the next meeting and he will have access. B. Discussion and Consideration of Fiscal Year 2020-2021 CRA Business Promotions & Events Schedule 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 Ms. Coppin reviewed the activities planned, which included the Rock the Marina, the Lionfish Derby, Rock the Plaza, Rock the Block and a new Boynton Beach Night Market. The CRA does not host business promotional events in the summer due to rain, so the events are rain or shine. Chair Grant asked if staff could purchase rain insurance. The way the contract is written is the CRA is protected against cancellation. Chair Grant supported the events and requested Rock the Block be held sooner than later. Ms. Coppin commented staff needed more than a month, but may be able to hold it in June. There is a Rock the Plaza scheduled for June 18th or 19th, which they could push outward. Chair Grant wanted to hold it June 25th or the 26th. The Lionfish Derby is in June. Vice Chair Penserga asked about the plan for the night market as there are businesses down the street. Ms. Coppin explained they have identified 53 vendor spaces at the amphitheater and they would invite businesses in and outside of the CRA area. She was working with John Durgan. Mr. Simon confirmed the funding was previously approved and a consensus was needed to start moving forward with these events. Then they would think about Pirates Fest for next year. C. Discussion and Consideration of Responses to a Request for Additional Information from Respondents of the RFP/RFQ for the Cottage District Infill Housing Redevelopment Project This item was heard earlier in the meeting. D. Discussion of Status of Purchase and Development Agreement with Ocean One Boynton, LLC for the Ocean One Project This item was heard earlier in the meeting. E. Discussion and Consideration of Letters of Intent for the CRA-owned Property located at 401-411 E. Boynton Beach Boulevard This item was heard earlier in the meeting. F. Discussions on Tax Increment Revenue Financing Agreements REVISED Mr. Simon explained the Board asked staff and legal about information on existing TIF agreements and Attorney Duhy put together a legal memo of items. Some items were discussed for the 115 and Ocean One items indirectly, but for future agreements, there is a large financial benefit as a result of all the projects done in association with the CRA Board's additional financing. He would like the Board to consider a clear statement of need, and a gap in the financial structure and how they arrived at the number and what is included in the agreement. He suggested when the money is repaid through the term of the agreement, if they reach that repayment or cost amount prior to the end of the term, the document expires so they would not be reimbursing the developer for taxes they are paying beyond the money they were paid. In some instances, the transfer and 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 sale of the properties needs to be strengthened and greater consideration should be given to include reimbursement to the CRA for the funds they provided up to that point and have the agreement terminate with the sale or transfer, especially if it involves any type of profit or additional value than what was originally established or lost. They do not want to keep paying for an item that was paid for in the sale of the property and then just be transferred to another entity that already paid for the building. Despite what developers say, if they sell a building for way more than they purchased it, they do not need CRA money and the CRA could be paid back. He thought there could be some type of equity benefit to the CRA which could be reused for the project or for a future project. The CRA should consider the particular goals the Board would want to incentivize. Not every project needs additional funding. If the Board can determine during the request for funding if the particular issue or project is an important issue and something that would qualify for the public's assistance, the benefit to the public would be more tax revenue for the City, County and CRA, but if they assist the developer and it has an overarching benefit to the public, it would be better to have some type of intent to let the developer know that a standard, mixed-use projects may not need funding. The Board needs to be diligent with what they are requesting assistance with. Board Member Hay asked when they have property that is developed and they pay a certain percentage and then they try and sell the entire project, if they could they have a policy that would make the remaining TIF payments to the developer null and void. Mr. Simon commented Item Four addressed that scenario. The CRA has wide discretion. Chair Grant asked if there was anything that would prohibit the CRA from making any sort of condition they want under Florida laws and learned the CRA's have wide discretion in the agreement to set forth specific requirements. As to the legal part of the memo, the one-page document can be used when the Board considers the next new project. It is meant to spark major issues that need attention and they could consider them case-by-case. Chair Grant liked the idea of requiring developers receive TIF because then the CRA can dictate what they want in the project. He noted for the Ocean Breeze East project, the funding they will receive this year, was not able to be put into the project, nor could they provide TIF to the Wells Landing project. He liked that they were able to require developers adhere to a CBA. Chair Grant was not worried about developers being profitable. Board Member Romelus noted developers are in the business to make money. She thought it was not a matter of penalizing them, rather if there is a necessity to provide money, the Board do so on their terms. Vice Chair Penserga did not think it was an either/or situation and he agreed the residents should receive community benefits. A developer would profit one way or another, but he questioned if a developer does receive CRA funding if it goes into their pocket or into the project. He supports the bullet points included in the agenda, but he wanted to ensure the money given goes towards finishing the project. He wants to track how the funds are being used. Chair Grant noted developers have not asked for TIF in the last five years. He thought if they want a project, they should give TIF so they have 21 Meeting Minutes Community Redevelopment Agency Board Boynton each, Florida April 13, 2021 more control over what is in the project. They want to put TIF into the 115 N. Federal Highway project. Board Member Katz appreciated the work staff put into the report. He was skeptical when developers say they cannot it the property so they will need TIF or land. The problem is when the tax agreements generate more returns for the property owner or developer than the cost of anything the CRA asks them to do, they are getting money they claim they need to fill a gap, and they are profiting off of it. Then they sell it for $20M to $30M profit. If it was so profitable, by did they need taxpayer dollars or what did the CRA get. Often one cannot see anything different than what they may have built on their own, absent public funds. He thought some of thea tions were well thought out and the safeguards were good. If they sell for massive profits, they should pay some of it back to some degree. Chair Grant agreed. He noted the CRA gave away the I and for Family Dollar, and then sold it sothey did not have to pay the short-term capital gains and the price of the land was it profit. If a developer will take money out of the project, the taxpayer should not pay. Board Member Katz not the Board rakes people over the coals to get out of repaying $40K for affordable housing, but not from big developments. He thought funds that come back to the CRA should be earmarked for a specific use and the CRA recycle the funds. G. Discussion and Consideration of Terms for an RFP/RFQ for the CRA Project Located at 115 N. Federal Highway This item was her earlier in the meeting. 16. New Business A. Discussion and Consideration of a Purchase and Development Agreement for the Property Located at 508 E. Boynton Beach Boulevard This item was heard earlier in the meeting. B. Discussion and Consideration of a Purchase and Sale Agreement with Larann Land Investments, LLC for Two Vacant Lots at NE 10th Avenue Motion Vice Chair Penserga moved to approve. Board Member Hay seconded the motion. The motion passed unanimously. C. Discussion and Consideration of a Letter of Intent from Habitat for Humanity of South Palm each County, Inc. for the CRA Owned Property located at 545 NW 11 th Avenue 22 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 13, 2021 The CRA just acquired the property and the Board received a LOI for construction of affordable housing. Motion Vice Chair Penserga moved to accept the Letter of Intent and move forward with a Notice to Intent to Dispose. Board Member Hay seconded the motion. The motion passed unanimously. D. Discussion and Consideration of a Tax Deed Sale for the Property Located at 221 E. MLK Jr. Boulevard Mr. Simon presented the item and announced the property is valued at $103K. He suggested not paying more than $125K. The City is a lien holder and there are maintenance liens of$41K and an outstanding water bill of $4,700. Theresa Utterback, Development Service Specialist, noted there is a larger ongoing lien accruing of $344,034.12 that is eligible for a lien reduction. The other liens are not. Chair Grant suggested matching it for $175K. Mr. Simon explained it was ok to pay $175K for one lot, but noted they just paid $175K for three lots. Chair Grant did not think they would pay the $175K for the lot. Board Member Hay thought it was overpriced. Chair Grant noted Wells Landing is building something and the property will be worth more money. If someone purchases it now, they may try to sell it to the CRA later for more money. Board Member Hay liked the idea of acquiring land to expand the property and wanted the property east of the Family Dollar. He understood sometimes they may need to pay more than they feel comfortable with, but he did not want to lose it at the same time. Motion Chair Grant suggested a maximum price of$150K. Vice Chair Penserga seconded the motion. The motion passed unanimously. 17. Future Agenda Items A. CRA District Lighting Improvement Projects B. Revisions to the Interlocal Agreement for the Sara Sims Park Amphitheater Plans 18. Adjournment There being no further business to discuss, Chair Grant adjourned the meeting at 10:13 p.m. r t Catherine Cherry Minutes Specialist 23 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: May 11, 2021 CONSENT AGENDA AGENDAITEM: 11.C. SUBJECT: Approval of Commercial Property Improvement Grant Program in the Amount of $12,405.90 for AIMS Marketing Systems Inc. Located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 12 SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial costs associated with the construction, repair, and/or rehabilitation of commercial building improvements. The Commercial Property Improvement Grant Program provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. CRA staff has received a complete grant application from Al MS Marketing Systems Inc. located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 12, Boynton Beach, FL 33435 (see Attachments I -I I). AIMS Marketing Systems Inc., specializes in digital marketing, smart Wi-Fi hotspots and geo fencing. Al MS' mission is to help businesses identify their target markets and reach more customers enabling businesses to cost-effectively increase their sales. As the tenant of an office space, the applicant falls under the terms of a Tier I I business, as outlined in the grant application. The applicant is seeking reimbursement for interior renovations including new flooring and baseboards, painting, new interior doors and weather stripping, and installation of a security system. The total cost of eligible property improvements is approximately $20,676.50 (see Attachment I I I). If approved, the applicant is eligible to receive a maximum grant of $12,405.90 which includes a 20% contingency in reimbursable funds provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: FY2020-2021 Budget Project Fund, Line Item 02-58400-444, $12,405.90 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Property Improvement Grant not to exceed the maximum grant award of $12,405.90 to AIMS Marketing Systems Inc. located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 12, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Property Improvement Application D Attachment III - Project Quote iTTD � EACH October Ir 2020 —September 30, 2021 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERICAL PROPERTY IMPROVEMENT GRANTPROGRAM Program leRegulations The Commercial Property Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBC m) Area. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the repair and rehabilitation of buildings or other improvements in accordance with the BBCRA Community Redevelopment Plan. Improvements paid for by the BBCRA must be permanent and stay with the building. The BBCRA reserves the right to approve or deny any Commercial Property Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discre . , it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. For purposes of this application, the term "new business"means a company.in operation for less than six months or relocating to Boynton Beach. The to "existing business" means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The tern "project" means the eligible exterior or interior improvement project for which the applicant seeks reimbursement. Page 1 of 17 Property Improvement 100 East Ocean Avenue,4"'Floor, Boynton Beach, FL 33435--Phone:(561)600-9090 www.boyntonbeachcra.com The Boynton Beach BBC RA is a public agency and is governed by the "Florida Public Records Law"under Florida State Statutes, Chapter 119.Any documents provided by the Applicant(s) may be produced the BBC RA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Property Improvement Grant Program offers financial assistance to the landlord or business owner in the form of a reimbursable, matching grant for 50% of eligible expenses, up to $50,000, associated with the construction or renovation of the exterior and interior elements of the commercial operating space. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace_program.php or by contacting the City of Boynton Beach at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com or view the attached brochure. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). Page 2 of 17 Property Improvement 100 East Ocean Avenue,41h Noor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com • Improvements to non-profit and residentiatly zoned properties are NOT eligible expenses. • Applicant must have an executl&year lease with at least two years remaining on the lease at the time of BBCRA Board approval • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Applicanfs Experian consumer credit report must reflect an acceptable level of financial stability, as deten-nined in the sole discretion of the BBCRA. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy t. _ , eligible. If there is more than one business owner,the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than$250,000(based on the project's constRiction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to sig bmiffing a grant application. • Grant funding amounts will be based on the applicant's project budget, specified at the time of the BBCRA Board approval, plus an added 20% contingency funding amount. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Property Improvement Grant Program may only be used one time in any five year period for any one property. Entities hoping to improve properties that were previously improved using a BBCRA improvement grant may apply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding liens, violations or monies owed for utilities, the Bl3CRA will perform a lien search on the property at a cost of-- $115.00, which will be deducted from any grant funding awarded to the recipient. Page 3 of 17 Property Improvement 100 East Ocean Avenue,4 1h Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com In the event that there is an outstanding lien against the property,the grant will not be awarded until the complete satisfaction of the lien. • The property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach, and submit for reimbursement within 180 days of the issuance date of the permit for the project. If BBCRA Board approves grant funding and the work being performed does not require a permit, the Certificate of Completion (or equivalent) and application for reimbursement must be within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in termination of the grant award. Only one 60 day administrative extension will be permitted, and the BBCRA has the sole and absolute discretion to grant or deny such extension. • Project items completed and paid for by the applicant more than 60 days prior to grant approval by the BBCRA Board are not eligible for reimbursement under the grant program.A complete application must be received within 60 days of payment in order for an expense to be eligible for reimbursement. Once a complete application is received, the application will be placed on the next available agenda for review and potential approval. • BBCRA Board approval of this grant results only in funding. Approval of BBCRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals, • Grantees Shall allow the BBCRA the rights and use of photos and project application materials. • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Projects and items eligible for funding under this grant program are limited to: • Structural walls • Plumbing • Flooring • Grease trap installation • HVAC system • ADA Improvements • Electrical systems, • Hood Mire • Signage including exterior and suppression • Doors/Windows interior lighting Page 4 of 17 Property Improvement 100 East Ocean Avenge,01 Floor, Boynton Beach, FL 33435—Phone.,(561)600-9090 www.boyntonbeachcra.com Landscaping and ® Parking lot re-paving, a Patio decks irrigation within the re-sealing, and/or connected to the project site restriping building * Painting Fencing (excluding * Demolition of structure * Roofing (Not to chain link, barbed wire, and re-sodding of exceed 50% of and wood panels) vacant property total grant award) 0 Electric vehicle charging ® Solar electricity and e Security stations—See attached water heating—See ca system"* Retie w PACE Eligible attached ReNew PACE (not including Product List Eligible Product List security personnel) Notwithstanding the limitation that grants may only be used once every five years for any one property, previous grant recipients that received less than the maximum amount of grant funding from Commercial Property Improvement Grants or Economic Development Grants are eligible to reapply to receive 50% matching reimbursable funding in an amount not to exceed $3,000 for the installation of new security cameras/systems. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Property Improvement Grant Program: 0 Mass6ge/Personal Services 0 Medical Research Centers/Housing ® Firearm Sales/Shooting Ranges 0 Massage/Personal Services v Religion-Affiliated Retail Stores ® Churches/places of worships * Non-profit Organizations 9 Alcohol and/or Drug Rehabilitation o Adult Gambling Arcades Centers/Housing 0 Check Cashing Stores 9 Any other use that the BBCRA staff & Adult Entertainment or BBC RA Board determine will not ® Vapor/E-Cigarette Stores support the redevelopment of the 0 CBD Retail Stores BBC RA Area Grant Terms and Conditions This grant is divided into three tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. All Page 5 of 17 Property Improvement 100 East Ocean Avenue,4111 Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com reimbursement checks from the BBCRA to the successful applicant will be made out to the applicant(the business entity). Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval, plus an added 20%for contingency funding. Tier One Business Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $50,000 in grant funding. Tier One Businesses must be one of the following types of business: • Restaurant • Bakery • Gourmet Food Market • Hotels/Motels/Bed and Breakfast Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicants project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $25,000 in grant funding. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Ddcor/Design— home o Boutiques—clothing, shoes & 0 furnishings, art galleries, kitchen accessories wares & Law Offices • Accounting Offices a Hair/Nail Salons (no more than two • Real Estate Offices approvals per fiscal year) • Marketing Offices 0 Medical Offices • Fitness Facilities—yoga, dance 0 Insurance Offices exercise, martial arts, etc. 0 Take Out Restaurants • Auto Services Facilities —repair, 0 Tattoo Parlor/Body Piercing/Body storage, sales, etc Art Shop (no more than two • Specialty Retail Businesses— approvals per fiscal year) stationary, gifts, sporting goods 0 Florists (no more than two approvals per fiscal year) Page 6 of 17 Property Improvement 100 East Ocean Avenue,4 1h Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com Other commercial ftgade!2!11y improvements Tier Three Business(no more than two approvals per fiscal year) Tier Three Businesses are subject to BBCRA Board for review and approval. Tier Three Businesses eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of$15,000 in grant funding. Tier Three Businesses must be one of the following types of businesses: • Kava Tea Bar 0 Pawn Shops • Convenience Stores: (Fagade • Liquor Store and Security Improvement • Laundry/Dry Cleaner facility only) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for hAure rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, Boynton Beach, FL 33435 or downloaded from www.boytonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting Page 7 of 17 Property Improvement 100 East Ocean Avenue,41' Floor, Boynton Reach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants must submit an original, "hard copy," application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-serve basis. Application packets must include the following documentation: 1. A non-refundable fee of$100,which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 4--'12. Written detailed project budget describing the improvements to be done to the property. 3. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. It must list all project costs for which the applicant is requesting reimbursement. The project budget must provide a total cost of the project. 144- 4. Signage design, project color chips, material samples and material specifications, if applicable. 5. Copy of building permit receipt/application. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 90 days of grant approval, or the grant award may be terminated. -/6. Resume for each principal/owner of the business. z--7. Copy of the corporate documents for the applying business entity. Copy of executed multi-year commercial lease agreement. ,VIA 9. Copy of Warranty Deed. 10.Two years of corporate tax returns (for existing businesses only). 11-Two years of personal tax returns for the principallowners of a new business. Ao 12.Copy of design and construction plans associated with the proposed improvements. ,/13.List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 14.A minimum of four color digital "before" photos of the exterior and interior portions of the project. 15:Completed and signed application (attached). Page 8 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com ---1 6.Authorization to perform credit check for the business and each principal/owner of the business (attached). 7.W9 Form and Vendor Application (attached). 18.City Planning and Development Department Acknowledgement Form (attached). 19.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 18 and 19) must be completed and submitted to the appropriate departments, which are located at City Hall 100 East Ocean Avenue, Building Department, Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All Iggwired documentation must be submitted no later than noon two weeks prior-to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the project is eligible for reimbursement. tf it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month at the Commission Chambers located in City Hall at 100 East Ocean Avenue, Boynton Beach, FL 33435. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachera.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA.Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant. Page 9 of 17 Property Improvement 100 East Ocean Avenue,Wh Floor, Boynton Beach, FL 33435—Phone-(561)600-9090 www.boyntonbeachcra.com Procedures for Reimbursement This program is designed as a matching 50% reimbursable grant. AN work must be completed and paid for by the applicant prior to the-release of BBCRA funds.The BBCRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the BBCRA (3) days prior to the grant expiration date. The BBCRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s)that have been marked "paid in full." Proposals for"Work to be completed" or"bids"are not considered proper documentation_ a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. 2. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 3. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 4. A minimum of 4 color"after" photos of the project. By submitting for reimbursement, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement that have been used as part of a reimbursement request for any other grant program offered by the BBCRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. q,h`fes!s Page 10 of 17 Property Improvement 100 East Ocean Avenue,41h Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the 813CRA to any third party.The BBCRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible have been paid is sufficient assurance for the BBCRA to award grant funding ef Page 11 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone-(561)600-9090 www.boVntonbeachcra.com 1 BOYNTON ro "' B E AC H k" .x 9-1 :w I 1, -, „ ..�' t, COAWUNffY REDEVELOPMENT AGENCY LIC INFORMATION BUSINESS INFORMATION: Business Name(d/b/a if applicable): AIMS Marketing Systems, Inc. s erarHAwyr h Fed I : 82-0754670 Business Phone Number: _(877388-0258 Cell:_(561) 667-0900 Website: WWW.AIMSMARKETINGSYSTEMS.COM Existing Business: Yes X No Number of years in existence: 5 Time at Current Location: 1 yr 3 111o'S New Business to Boynton Beach: Yes X No Do you have an executed lease agreement: Yes No_if so, monthly base rent:$2,144 New Business Address (if applicable): Square footage of current location: 1,883 Square footage of new location_ same Type of Business: Marketing Tier 1 Business: ❑ Tier 2 Business:t] Tier 3 Business: o (Tier Classification subject to BBCRA Board Approval) Number of Employees: 8 Hours of Operation 0830-1800 List of improvements seeking reimbursement for: Flog in incl addin , chair rails,baseboards two tone paint, exterior door hinges, ceiling tiles, weather stripping on 2 rear doors Requested grant amount: µ ` Page 12 of 17 Property Improvement 100 East Ocean avenue,4th Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com (jf 1 St`••• BOYN AGENCYBE HCOMMUNffY REDEVELOPMENT APPLICANT INFORMATION PRINCIPAIJOWNER INFORMATION: (If more than 4 principalslowners additional sheets may be used) 1. Principal/Owner Name: Cledith E. Oakie ill Date of Birth: 02!1711 Email: cled.oalky g_mail.com Residential Address: 2307 NW 14th Ave Boynton Beach, Fla. 33436 Cell Phone Number: (561) 667-0900 2. Principal/Owner Name: a Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number; Are you applying for grant assistant under any other program offered by the BBCRA? Yes X No If yes, what additional programs are you applying for: Rent reimbursement Page 13 of 17 Property Improvement 100 East Ocean avenue,41h Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com BOYNTON j,t e AGENCYCOMMUNffY REDEVELOPMENT APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes_No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: Yachtsmans Properties, LLC. Lanto 's Maili.g.Address clo hen Wmerclal Property Mgt 533 Northlake BlvdNPBT-16. 3-3408 ........... Landlord's Phone Number: (561) 471-0212 CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term"I"refers to the applicant and to all signatories below individually_ By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the appiicant(s). 1, the undersigned applicant(s), certify that all information presented in this application, and all of the information fumished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I Page 14 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone:(561)600-9090 www.boyntonbeachcra.com ,:tom ri BOYNTON)ir I jj 1F roi BEACH H C0MMUNlTY REDEVELOPMENT AGENCY APPLICANT INFORMATION understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. f further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the BBCRA to run a credit report as part of this application,and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the BBCRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. s Page 15 of 17 Property Improvement 100 East Ocean Avenue,4"' Floor, Boynton Beach, FL 33435—Phone-(561)600-9090 www.boyntonbeachcra.com BOYNTON " BEACHS' COMMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION APPUCANT SIGNATURES: Printed a 2. Princi I/ is Signature Date Printed Name Tide 3. PrindpaVOwnees Signature Date Printed e Tide 4. Prind 11 is Signature Date Printed Name Title Notary as to Printf Y ner's Signatures - Multiple notaty pages mayff signing /n ® ual STATE OF COUNTY OF s lz �. BEFORE ME, an officer duly authorized by la to administer oaths and take acknowledgements, personally appeared ; t]Lr.I I- -° who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOR m GOING, I have set my hand and cial s al in the State and County aforesaid on this day of Bonnie Nlcklien _ .._ ... NOTARY PUBLIC N R PUBLIC STATE OF FLORIDA y- amission Expires: Comm#GGIO8394 Expires 5/25/2021 Page 16 of 17 Property Improvement 100 East Ocean Avenue,4t'Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com � ry BEAC it 02, W;�� LANDLORD INFORMATION z„ LANDLORD SIGNATURicS: an' or s signature tb)amte'G- wv"O Pdted Name Wool Lantliord`s signature D$te lO PnhtBd.Name 777777777 1i v r 7777777 }t tv s: iv v .vs $ v.ttt1 v i££ SrU }rt£vr1£ ' tti(.. + V,: tv\� 4. t jl S<, r v j � Ist„ � tli Y �vt1£ £1. 1£ it 4Sis{Z1 } lP: t t U t f' 1 l' _ \ �vt £ t k is lift��v£4 i 4 it r \I v U p .t t 'ti U HAM rt;l t v v,vi�fj�t£vs jlt t't+w „_ ;r£ NotaaS to Princi al/aD�+ er's \;s v sea ir) s 1 ,i. yr ri ;f v 41 t,tv ,vtt tya,Alts 1t t 11 jI£tV£ ! t t k t t `;'.t G, rl�l�, t �>i v ,v £„ :.r ,,:.,.:,s a,1. av, S. �� ,.,,:c .i, >, ,• t1 Z}! 4{! v ,� >1 s)\._,.},v(1 ui..1�.,,) t i, t ti,,,£ta �_-,� ,,.. t ', �,{v: Utv� � t ,i,;,••> r7 ,��-.:. t„>at, �T� � {,,,,a��, - l� i 7 i =t s:_, <z� �.�:. ;, , £„_,,, r�£, t �t1 v � �,£, 1 t � z �, t , v ds�,1 1,>i.l• f tY �.,�,.v t� sL,s. £ :i, moll, �• S t _t to �:. i t=. ..,.-.,, r � v 1 ,, £ £. � � �t t _< � 1_ a i _� ,_ £� v, ,_..£ s _ t t ..£._.�).., � ,_ ,,a t_ � t... S < � 1 3 � i S t s � ,,,, ,, t_ Z t � ,. £ t f � , f � �, t � t �> _s v � {_,.,..t �t. 1, s_,.._), 1�11.t�t,t S,i.4. �.._,l. v {. , � y1 1 ty_ ,..,.s:i ,t...,.. ,, .Lr: �, .,.2.. s 1. ..t a { y ,P >..,x ,)11 s �, I, 1 �.._ „t �a4 ami �.,,,,. Ir S ��. 4 i,£?r�„ ,11��a t .li �.,Is 5,1 .? ,1r 3 5�,,t(_ v�v1v.,�,�� ,.1� ,;�,tlsd��l�A1�,a��ji�.,..tri �,t��sa.:.v� h v, r 6, ,,�s,} � }.� t,1 �� ti t ,i �t}st, rl�\.,.,.� ,o:a ,.,, � mi to ,: � ��.� 3 ._ �r oaths a } �, � +. nd � � � � _..fait a � � , >. a ck � , _ is a� � 1 � �.�. �. 1 4S,.. (({ i Ott#,k S �..��3 � 4t �G )f t�- ., t s x S1 ) � t � t �•x� £ .� �� t {� ,�- 'moi€ a ��, ., Y a r� v„ = r 4 t .v t �.�� J a � S P"AROPOSAL Date: May 3, 2021 PROPOSAL# 2112 Honey Do List Husband 4 David Call ATI': CLED OAKLEY Rent Inc. (561) 55-5547 AIMS MARKETING SYSTEMS,INC. 86 Sussex E West Palm Beach, FL 33417 1 600 NORTH FEDERAL HIGHWAY 561-255-5647 HUSBAND 4 RENT SUITE 12 Fax Glick here to enter,text. HANDYMAN BOYNTON BEACH, FL 33435 Wishlist46@gmaii.com 561-667-0900 Email:Cled.oakley@gmaii.com Pressure Cleaning Customer 1D 00014 Clean-Outs, Re-Herbs and More dw5948(o:msn.com SALESPERSON JOB PAYMENT DUE DATE TERIuI5 DAVID WALDMAN FLOORING,BASEBOARDS,AND CHAIR RAILS INSTALL AND PAINTING Due on UPON RECEIPT Receipt DATE DESCRIPTION: SEE BELOW UNIT PRICE LINE TOTAL Install 1155 square feet of vinyl laminate flooring @ 2.50 sq. ft. 2.50 sq. 4,162.50 Install 382 feet of baseboards @ 2.00 a ft.. 2.00 ft. 754.00 Install 350 feet of chair rail @ 2.00 a ft. 2.00 ft. 700.00 Paint 4,150 sq. ft. of walls flat. Paint 7 doors and casings both sides semigloss. Paint 2 doors and casings one side semigloss. Paint 382 ft. All 14,750.00 of baseboards and 350 ft of chair rail semigloss. included Install Vivint doorbell camera pro by front entry door and install Victure wireless camera system by front and rear entry/exit doors 300.00 Labor only price. All materials supplied and paid for by Aims Marketing Systems Inc. Payments of 500fo due upon commencement and the balance due T upon completion OTAL 20,676.50 Total 20,576.50 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: May 11, 2021 CONSENT AGENDA AGENDAITEM: 11.11). SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the Amount of $13,026 for AIMS Marketing Systems Inc. Located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 12 SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA District boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from Al MS Marketing Systems Inc. located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 12, Boynton Beach, FL 33435 (see Attachments I - II). AIMS Marketing Systems, Inc., specializes in digital marketing, smart Wi-Fi hotspots and geo fencing. AIMS' mission is to help businesses identify their target markets and reach more customers enabling businesses to cost-effectively increase their sales. As a professional office, AIMS Marketing Systems Inc., will be employing approximately 25 employees ranging from full-time and part-time positions for receptionists, office managers, graphic and web designers, accountant, sales reps and account executives. Under the terms of their Landlord-Tenant Lease Agreement, the base rent including CAM, required to be paid by the applicant is $2,171 per month (see Attachment III). AIMS Marketing qualifies as a Tier I I business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $1,250 per month for a 12 month period, whichever is less. If approved, AIMS Marketing Systems I nc., wo u I d be reimbursed in the amount of $1,085.50/month for a period of 12 months or a total grant amount of $13,026 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY2020-2021 Budget, Project Fund, Line Item 02-58400-444, $13,026 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $13,026 to AIMS Marketing Systems Inc. located in Ocean Palm Plaza at 1600 N. Federal Highway, Unit 12. ATTACHMENTS: Description D Attachment I -Commercial Rent Reimbursement Application D Attachment II - Location Map Attachment III - Lease BOYNTON ..BEACH COMMUNrrY REDEVELOPMENT Y t ctob" 1 W 2020- SqAember 30, 202" COMMERCIALBOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Program Rl and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing in e Boynton Beach Community Redevelopment Agency (the �BBCRK) Area. The program is designed to provide financial assistanceto new and existing businesses in the form of rent reimbursement intended to help businesses during critical first r of operation. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its e and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term"new business" means a company in operation for less than one year or relocating to Boynton Beach.The t "existing business"means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach BBCRA is a public agency and is governed by the Florida Public Records Law"under Florida State Statutes, Chapter 119.Any documents provided by the Applicant(s) may be produced by the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. ,tnWff& ,,. Page 1 of 15 Rent Reimbursement 100 East ocean Avenue,41h Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance through a reimbursable grant in the form of a monthly rent reimbursement for the first 12 months of business with the option to request an additional 6 months of reimbursement, which may be granted at the discretion of the Board. New businesses are eligible to apply for assistance for up to one yearfrom the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended,permits are dosed out, City and County licenses are obtained, and the business is open for operation under a Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO). For businesses that do not require any construction work, rent reimbursements will not be paid until City and County licenses are obtained and the business is open for operation. On a monthly basis, the BBC RA will issue reimbursement directly to the applicant. Reimbursement is for the monthly rent payment made to the landlord, and is dependent upon receipt of verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the parties to the lease, (the tenant and the landlord). As grantor, the BBC RA does not bear or accept any responsibility for payment of rent at any time, or for penalties incurred for the late arrival of payments by any party. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at career'sourcepbc.com. Page 2 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com Eligibility euireents Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents,and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 50% of its current square footage size or open a second location within the BBCRA Area.Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease with at least two years remaining on the lease. • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. Page 3 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com a • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales/Shooting Range • Convenience Store • Religion-Affiliated Retail Stores • Churchestplaces of worship • Non-profit organizations • Medical Research Centers/Housing • Check Cashing Stores • Tattoo Shops/ Body Piercing / • Kava Tea Bars Body Art Shops • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Alcohol and/or Drug Rehabilitation • Pawn Shops Centers/Housing • Any other use that the BBCRA staff • Massage/Personal Services or BBCRA Board determine will not • Auto Services Facilities — repair, support the redevelopment of the storage, sales, etc BBCRA Area • CBD Retail Stores, etc. • Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval. Tier One Business Tier One Businesses are eligible for reimbursement for up to half(50%)of the business's base monthly rent or$1,750 per month, whichever is less (maximum amount of the grant is $21,000, distributed in four monthly payments). nrt� s Page 4 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half(50%)of the business's base monthly rent or$1,250 per month, whichever is less (maximum amount of the grant is $15,000, distributed in four monthly payments. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Ddcor/Design— home • Clothing Boutique—clothing, furnishings, art galleries, kitchen shoes & accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than 2 • Real Estate Offices approvals per fiscal year) • Marketing Offices • Medical Offices • Fitness Centers • Insurance Offices • Specialty Businesses— stationary, • Florists (no more than 2 approvals gifts, sporting goods per fiscal year) • Take-out Foods Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on the lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; Page 5 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B)allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; C) allowing or assisting a business entity other than the grant recipient to list its place of business as the subject property; or D) allowing or assisting a business entity other than the grant recipient to obtain a business tax license from the City of Boynton Beach for the subject property. The fact that a business entity other than the grant recipient occupies the subject property, lists its place of business as the subject property, obtains a business tax license for the subject property, or similarly appears to use the subject property is sufficient evidence that the grant recipient has allowed or assisted such other business entity to do so and is grounds for termination of any further grant payments and seeking reimbursement for previously paid grant payments. However, it shall not be considered a prohibited subleasing when the business purpose of the applicant is to provide a space for aspiring businesses, such as when the applicant is a business incubator, commissary kitchen, or business that provides co-op workspace. The BBCRA will determine whether a certain applicant fits into the exception described in this paragraph on a case-by-case basis. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, 01 Floor, Boynton Beach, FL 33435 or downloaded from www.boyntonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before Initials .... . Page 6 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants must submit an original, "hard copy" application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first served basis. Application packets must include the following documentation: 1. A non-refundable fee of$100,which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Resume for each principal/owner of the business. 3. Copy of the corporate documents for the applying business entity. 4. Copy of City and County Business Licenses (Business Tax Receipt). 5. Copy of executed multi-year commercial lease agreement. 6. Two years of corporate tax returns (for existing businesses only). 7. Two years of personal tax returns for the principal/owners of a new business. 8. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 9. If applicant is an existing business expanding to occupy more than 50% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 10.Completed and signed application (attached). 11.Authorization to perform credit check for the business and each principal/owner of the business (attached). 12.W9 Form and Vendor Application (attached). Approval of Funding Request All required apclication documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to Page 7 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. In order to request the 6-month extension, the applicant must submit a presentation at the completion of the 12 months of rent reimbursement, outlining how their first year went and requesting the additional 6 months of rent reimbursement. The resentation must be submitted no later than noon two weeks rior to the second Tuesday of the month The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at .boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the approved applicant, with the option to request an additional 6 months. Reimbursement will occur on a monthly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next month. Page 8 of 15 Rent Reimbursement 100 East Ocean Avenue,41"Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com In order to receive monthly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement, 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month's reimbursement or proof of direct deposit). If a licant does not submit its monthly reimbursement re nest within 30 da s folloin the end of the next month in which applicant is requesting reimbursement applicant forfeits that month's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION LIC IS NOT A GUARANTEEF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party.The BBCRA is not required to verify that entities that have contracted with the applicant or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the BBCRA to award grant funding. 1 di s Page 9 of 15 Rent Reimbursement 100 East Ocean Avenue,4thFloor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com BOYNTO BEAC m`_. .�: SVS;. COMMUNITY RED ELOPMENTAGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: PrinapaUOwnees Si nature Date Cledifh E. Oakle �lf Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to PdncipaYOwnees Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF_ �� °, V BEFORE ME, an office my authorized by taw to administer oaths and take acknowledgements, personally appeared g - D - , who istare personally known to me or produced ` w g , as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOJN , ve set my hand and officialseal in the State and County aforesaid on this to ., ZO Notary Public State of Florida Claudia Fajardo - r� My Commission GG 17 TA Y P ( of ao Expires 01/0312022 mission Expires: Page 16 of 17 Property Improvement 200 East Ocean Avenue,4'Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com Y (JS i„Iti �},j�lti BOYNTO B EAC H COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name(d/b/a if applicable): AIMS Marketing Systems, Inc. Current Business Address: 1600 N Federal Hwy 11-12 Boynton Beach, Fla. 33435 Fed ID#: 82-0754070 Business Phone Number: 877-388-0258 CELL 561-667-0900 Website: www.aimsmarketingsySt .com Existing Business:YesX X X No Number of years in existence: 5 Time at current Location: _„1mmr Obtained Business License Feb 22, 2021 New Business to Boynton Beach:Yes X No Do you have an executed lease agreement:Yes X No If so, monthly base rent: $2,,144 plus tax New Business Address: same as above Square footage of current location:1,883 Square footage of new location: Type of Business: marketing Number of Employees: 8 Hours of Operation: 0830-1800 Page 10 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com BOYN 1, iCOMMUNITY REDEVELOPMENT AGENCY H , APPLICANT INFORMATION PRINCIPALIOWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Cledith E. Oakley III Date of Birth: 02/17/1 Email: Ino Ucyloanprep.org .oa ey gmal .com Residential Address: 2307 NW 14th Ave Boynton Beach, Fla. 33436 Cell Phone Number: " 0900 2. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number- Page 11 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com S BOYNT04 sll t'1i{1t11{ttl,.'sv AGENCYBEACCOMMUNITY REDEVELOPMENT APPLICANT INFORMATION Are you applying for grant assistant under any other program offered by the BBCRA? ''" ✓' Yes No If yes, what additional programs are you applying for: Are you receiving grant assistance under any other governmental agencies:Yes_No X If yes, list any additional grant§ources and mounts: Av, vv; - Y ��t LANDLORD INFORMATION: Landlord Name: Yachtsmans Properties, LLC Landlord's Mailing Address: c/o Cohen Commercial Mgt., LLC 533 Northlake Blvd. NPB Fla 33408 Landlord's Phone Number: (561)471-0212 CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term"I"refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). 1, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. 1 further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Page 12 of 15 Rent Reimbursement 100 East Ocean Avenue,4t''Floor, Boynton Beach; FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com 1 ) h, BOYNTON T l` ACH ,,mi�ii�ai� COMMUNffY REDEVELOPMENT APPLICANT INFORMATION Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance,and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, 1 understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Pian. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Page 13 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com BOYNTO '"BEAC i �tt�� r t1 �' '331, ,E A �( COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: -------------- •( ,. - --, Dat Principal/Owner's Signature President ledt E. Oak le III Tide Printed'Name 2. Date Principailownees Signature Title Printed Name Date 3. PrincipaUOwner's Signature t Printed Name Dates 4. Principavowner's Signature �$r Printed Name es may be used, sfgn� g r Notary as to PrincipaUowner's Signatures - Multiple notary pages individually S COUNTY OF TATE OF — BEFORE ME,an officer duly authorized by Iaw to administer oaths and take acknowledgements, who islare personally Known Hca' me bt appeared"] as identification, anti adcr+l produced ` he/she executed the foregoing Agreement for the use and purposed mentioned in.it end tha' = is his/her act and deed. 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A09”,£1 ,(.i}£ t, �e R pt 'eim a�� +ent r � ( ;3' �!' Sr��;•f' `1-t e,,4, lddr, bvht r 8 ,FQU I, Ph wwwpyn - r�r,�,,r. - S,ii't - - r{,�5,, �- ,'� 4/14/2021 PAPA Maps DOROTHYJACKS -= ---CFA,AAS 5 Palm Bach Co tyP p rty Appraiser A}giFrfii } ir RTr ae44 4; ,.ho"''? 1 , yak e uc i�tJ � te1,� SeaV1eW Cir Search b Owner,Addressor Parcel `` e Y i£i�t�i ryj{tt£t�£� '14 rC�i£f1 l 3 i � j)� ; F „,,. View Property Record a. Owners YACHTS MANS PROPERTIES LLC Property Detail w 1600 N FEDERAL HWY Muii oa ty BOYNTON BEACH . .e No. 08434522200000190 1 Sulkdivi�iorl YACHTMANS COVE tet t'�ti !t -tiq= ;t 27258 .-a e=.86 � p.71 "ale,Date'. DEC-2014j i�. STAJUS CONSULTING LLC Mai C/O 80 BUSINESS PARK DR Address STE 103 a ARMONK NY 10504 1704 ^,eype 1 100-STORESo Square e.e- 15250 S t x��i`y£�£1�:+�'t t \ 1 Sales Information Sales Date Price DEC-2014 3412500 =AUG-2005 4700000 DEC-1984 700000 MAY-1981 180000 JAN 1975 50000 ,r„ Appraisals Tax Year ii p rove e...,ta.ue=. $1,535,038 rpt t+"IS'1 - �'} �) tt� £ I ' i1 ,._I � !fl�o i££1£ (� ,I) � .. .. Value=. $884,489” �� t r _ j'�-t4�� ti � �� M+ - � `•,,�� , �. Market Value $2,419,527 ,, s SF u £ £ bt ar ms,..c.. All values are as ofJanuary 1st each year ;; ,,;,,;,,;,,;,, ,,;,,;,,;,,;,, ,,;,,;,,;,,;,, rii iAy f{JJi i1�F �� {�t"'i € u.. 1 ;='t '• t fit 2 e1 Assessed/Taxable values Tax Year 2020 A^,^,e^,^,e Value $2,419,527 rxei=.Jorl Amount $0 t axabl e Value $2 419 527 a ,A Taxes Tax Year 2020 { Ad ,Ia..;re rro $51,772 Norl A I..:o:erro $12,920 i ta:x $64,692 r https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434522200000190 1/1 LEASE This Lease (the "Lease"), entered into on 0 . between YACFITSMANS PROPERTIES, LLC, a Delaware limited liability company,having its principal place of business c/o Stajus Consulting, LLC, 80 Business Park Drive, Suite 103, Annonk, NY 10504, referred to as ":Lessor," and AIMS Marketing Systems, Me a Florida Corporation, having its principal place of business at 8657 Rosalie Cot -t, Boynton Beach, Florida, 33472 referred to as "Lessee," SECTION ONE DESCRIPTION OF PREMISES Lessor leases to Lessee the store premises (the "Premises") shown as "Unit 13-1.4" on the Site Plan attached hereto as Exhibit A, located in "Ocean Palin Plaza — Building 16011" at 1600 North Federal Highway, Boynton Beach, Florida (the "Shopping Center"). (Lessor reserves the right in its sole discretion to change the name of the Shopping Center at any time, with or without notice to or approval. of Lessee). SECTION TWO TERM The term.of this Lease("Term"or"Lease Tenn")is approxitxlately Five(5)years,beginning on the Delivery Date(as defined in Section Four(the"Commencement Date"), and terminating on the last day of the month in which occurs the Fifth (5th ) anniversary of the Rent Commencement Date, as that term is defined in Section Three, (the "Termination Date"), unless the Lease is extended as provided in Section Thirty-One, Any Extension Term,properly exercised, shall become part of the Lease Term for all purposes hereunder. SECTION THREE FIXED RENT AND OTHER CHARGES 4 A. FIXED RENT. Lessee shall pay Lessor Fixed bent, in advance, without any offset or deduction on the first day of each month of the Teem in the following amounts (vrhich amounts do not include applicable Florida Sales Tax, which in all events shall be paid by Lessee)... _......_ Uht9T5 32-14 SENT CAM TOTAL Year PSFRent AnnUalRent Mantf Rent PSFCAM Annat tviantl CAM, tareE.C1tsc.' TCtTA[ r TOTAL M. 1 $10.25 $20,213 $1,684 $8 $14,790 z $1�.ss 520,819 $1„735 $1,233 -$�,zas $25,725 $2,1x4 $8 $14,790 $1,233 -$9,655 $26,055 $2,171 3 $10.97 $21,444 $1,787 $8 $14,790 $1,23 $9,843 $2&,391 $2,199... 4 $11.20 $22.087 $1,641 $8 $14,790 $1,233 -$10,1417 $26,737 $2,22 5 $11.54 $22,750 $1,896 $8 $14,790 $1,233 -$10046 $27,094 $2,258 *hoes not include applicable taxes which shall be paid by`I'cnant. Years 2-5 CAM are estimated,but expected to Germain the same over both years. Lessee shall be entitled to a"preferential Discount,”as reflected in the chart above, as ion as Le see l B. RENT COMMENCEMENT DATE, Lessee shall begin all payments of Fixed Rent and other charges on the Rent Commencement Date, which shall be the EARLIER of A) first(1) day of the month directly following the date upon which Lessee receives the final certificate of occupancy for the tenant improvements to be performed in the Premises, as detailed in "Exhibit B" below, OR B) 225 days from the fall execution of this Lease Agreement. See "Exhibit "B" of this Lease Agreement for More detail, C. INITIAL OPERATfNG EXPENSES: $7.5 per square foot per annurn ($0.625 per square foot per month),payable in montlily installments on the first day of each and every month during the Term(subject to periodic adjustment pursuant to Section 8). Lessee's Proportionate Share of Operating Expenses shall be Eleven and six tenths percent (11.6%), which share is derived by dividing the number of gross rentable square feet contained in the Premises (stipulated to be 1,979 square feet) by the "Gross Rentable Shopping Center Square Footage" (17,058), which is the aggregate number of square feet contained in the Shopping Center being used for retail purposes. Lessor may adjust the Gross Rentable Shopping Center Square Footage to account for outparcels shown, on the Site Plan to account for the fact that such tenant(s) or occupant(s) may pay or incur certain Operating Expenses directly. D. SECURITY DEPOSIT: $2,144,00, The Deposit shall be held as security for the payment of Rent, and for performance of all other terms,covenants and conditions of Lessee hereunder;the amount of the Deposit, without interest,shall be repaid to Lessee after the Termination Date,provided Lessee shall have performed all terms, covenants and conditions under this Lease. Upon any Event of Default by Lessee, all or pail of the Deposit may, at Lessor's sole discretion, be applied on account of such default, and thereafter Lessee shall promptly restore the resulting deficiency in the Deposit. The Deposit may be co-mingled by Lessor with its own funds. Lessee acknowledges that the Deposit is not to be construed as prepaid Rent by Lessee for any rental period during the Term. The Deposit is in addition to, and not a substitute for any statutory landlord's lien provided under law. E. DUE ON SIGNING., $6,832.13epresenting the sura of the first month's Fixed Rent and CAM of $2,144.00, the last month's Fixed Rent and CAM of $2,258, the Security Deposit of $2,144,00, and applicable taxes thereon, F. PAYMENT; LATE FEES: Fixed Rent, Operating Expenses and any other payments due under this Lease(whether or not designated as"Additional Rent"hereunder)shall be collectively referred to as"Re Lessee shall pay Lessor the Fixed Rent and Operating Expenses in monthly installments as defined above, (plus any applicable Florida Sales Tax), beginning on the Rent Commencement Date, with succeeding payments as called for in the Lease due on the I't day of each subsequent month during the Term of the Lease. Late Fees equal to the greater of Two Hundred Dollars ($200.00) or ten percent (10%) of the past due amount,plus interest calculated at the rate of 1,5%per month (or if less,the maximum amount allowed under applicable law)shall be assessed if Rent(or any portion thereof)is not received by the 5'h of the month in which it becornes due.In addition to the foregoing Late Fees,bad checks shall also incur an administrative charge of Fifty Dollars ($50,00),plus any fee imposed on Lessor by its bank or financial institution. SECTION FOUR CONDITION OF TFIE PREMISES Lessor shall deliver the Premises to Lessee with all of Lessor's Work (as described in, Exhibit B attached 2 hereto) substantially complete no later than the Outside Delivery Date (as defined in Section Seven). Unless Lessor is delivering possession on execution of this Lease,Lessor agrees to provide Lessee with at least three (3) days notice of the date on which Lessor intends to deliver the Premises, which date shall be known as the "Delivery Date". Lessor and Lessee stipulate that the Premises will consist of the number of square feet of leaseable area set forth in Section Three (C),, Except for Lessor's Work, the Premises shall be delivered in strictly "AS-IS, WHERE IS" condition and Lessee shall accept the same in the condition existing on the date delivered without claims for repairs or improvements. Acceptance of the Premises by Lessee shall be construed as recognition that the Premises are in a good state of repair and in sanitary condition on the date delivered, which Premises are hereby accepted by the Lessee. Lessor makes no express or implied warranty or representation as to the fitness of the Premises for Lessee's intended use, nor the existence or operation of other tenants or occupants within the Shopping Center, nor the condition of any systems or services serving the Premises, including without limitation the RVAC or any utility service. Lessee shall arrange and pay for all utilities -furnished to the Premises for the Term of this Lease, including, but not limited to, electricity, gas, water, sewer, and telephone service. Lessor must approve Lessee's construction plans for its initial build-out in writing before Lessee may begin any work in the Premises. SECTION FIVE USE OF PREMISES; RESTRICTIONS ON USE Lessee may use the Premises for the purposes of a General Marketing Office & Meeting/Seminar Space (the "Permitted Use"), and for no other use or purpose. Lessee shall operate under the trade name and shall not change such trade name without the prior consent and approval of Lessor which may be granted or withheld in Lessor's sole discretion. Lessee shall restrict its use to such purpose, and shall not use or permit the use of the Premises for any other purpose without the prior, express, and written consent of Lessor or Lessor's authorized agent. Lessee shall not use the Premises in any manner that will increase risks covered by insurance on the Premises and/or result in an increase in the rate of insurance or a cancellation of any insurance policy, even if such use may be in furtherance of Lessee's business purposes, or allow a lien or other encumbrance to attach to Lessor's estate. In no event shall Lessee violate any of the Exclusive and Prohibited Uses listed on Exhibit C, Lessee shall not keep,use, or sell anything prohibited by any policy of fire insurance covering the Premises, and shall comply with all recommendations and requirements of the insurers applicable to the Premises and necessary to keep in force the casualty and liability insurance. Lessee agrees to initially open for business no later than thirty (30) days following the Rent Commencement Date, and continuously operate its business in the Premises fully stocked, staffed anl fixtured, during regular business hours (at least 9 am to 5 pm Monday through Saturday) during the entire Lease Term. Lessee agrees to comply with any and all City, State, and local rules and regulations governing the specific use of the Premises, as defined herein, which shall include but not limited to maintaining regular business hours that are open to the public, etc. 3 SECTION SIX WASTE,NUISANCE, AND COMPLIANCE WITH LAWS Lessee shall not allow any waste or nuisance on the Premises, nor use or allow the Premises to be used for any unlawful purpose or in an unlawful manner. Lessee shall comply with all laws, rules, regulations or ordinances governing the Premises, shall obtain and .keep in full force and effect all occupational, sales tax or other licenses required by any governmental agency having authority over Lessee's business, and shall pay all dues, fees, taxes or other charges imposed on Lessee's business by any authorized governmental authority. SECTION SEVEN DELAY IN DELIVERING POSSESSION This Lease shall not be rendered void or voidable by the inability of Lessor to deliver possession to Lessee on any specified date. Lessor shall not be liable to Lessee for any loss or damage suffered by reason of any delay;provided,however, that in the event, for any reason, Lessor does not substantially complete Lessor's Work and deliver the Premises by January 30, 2020 ("Outside Delivery Date"), the Rent Commencement Date, and the Commencement Date of this Lease shall be extended one (1) day for each day of delay in completing Lessor's Work. No extension of this Lease shall result from a delay in delivering possession. SECTION EIGHT OPERATING EXPENSES A. The term "Operating Expenses" shall mean all costs and expenses incurred by or on behalf of Lessor in operating, managing, maintaining and repairing the Shopping Center, including, without limitation, all costs with respect to insurance expenses, real estate taxes (whether general or special, ad valorem or otherwise), all costs and expenses of operating,managing, maintaining,repairing and replacing, signing, cleaning, painting and striping of the Shopping Center (including, without limitation, the cost of uniforms, equipment and employment taxes); payroll burden of all employees (payroll taxes and employee benefits); security; alarm, surveillance and life safety systems;janitorial services; maintenance of sprinkler systems; removal of water, trash and debris; payments required by governmental authorities; costs and expenses in connection with maintaining governmental authority ambient air and environmental standards; the costs of all materials, supplies and services purchased or hired therefore; operation of public toilets; maintenance, repair and replacement of the roof, -utility systems serving the Shopping Center 'including, without limitation, water, sewer and storm water lines and other utility lines, pipes and conduits; management fees, costs and expenses of inspecting and depreciation of machinery and equipment used in the operation and maintenance of the Shopping Center and personal property taxes and other charges (including,but not limited to,financing,leasing or rental costs)incurred in connection with such equipment; costs and expenses of capital repairs and replacements to the Shopping Center,including,without limitation lighting and shrubbery; costs of providing water, sewer, power and other utilities to the Shopping Center; the cost of any capital improvements made to the Shopping Center by Lessor that reduce other Operating Expenses or made to the Shopping Center required under any governmental requirement;and administrative costs attributable to the Shopping Center for on-site personnel and an overhead cost equal to,fifteen percent (15%) of the total costs and expenses of operating and maintaining the Shopping Center. Lessor may elect to amortize any of the foregoing costs and. expenses over such period as Lessor shall determine together 4 with interest at the rate of fifteen percent(15%)per annum. B. Commencing on the Rent Commencement Date,Lessee shall pay, with each monthly installment of Fixed Rent, one-twelfth (1/12) of Lessee's Proportionate Share of annual Operating Expenses. As illustrated in Section Two above, the annual operating expense is anticipated to be approximately $7.5 per square foot. Such amounts shall be calculated by Lessor based upon the prior(calendar or fiscal,at Lessor's sole election) year actual amounts incurred by Lessor with respect to such Operating Expenses and Lessor shall include an amount reasonably estimated by Lessor toward any increase in such charges for such succeeding years. Lessor may at any time increase such estimate of the Operating Expenses in accordance with the provisions of this Section. Upon determination by Lessor of the actual amounts incurred by Lessor during the then current year for such charges, Lessee shall pay upon demand the amount of any deficiency in such estimated payments toward the actual amounts incurred therefor by Lessor, and Lessor shall credit any overpayment by Lessee toward the next accruing monthly payments for such charges until fully recouped. Lessee's obligation to pay the Additional Rent pursuant to this Section which accrues during the Term shall survive expiration or earlier termination of this Lease. After the end of each calendar year during the Term, Lessor shall furnish to Lessee a statement in reasonable detail of the actual costs and expenses related to the Operating Expenses payments, and there shall be an adjustment between Lessor and Lessee, with payment to or repayment by Lessor, as the case may require. Any required repayment by Lessor may be accomplished, at Lessor's option, by crediting the amount of overpayment against Fixed Rent or future monthly payments of Operating Expenses (or any portion thereof as determined by Lessor) which may be or become owed by Lessee, and shall be deemed conclusive between the parties. Such statement may also contain an estimate by Lessor of the Operating Expenses payments for the next succeeding year,and Lessor may adjust from time to time the estimated payments of Operating Expenses. Until such time as Lessor provides a statement adjusting the estimated Operating Expenses payments, Lessee shall continue to make payments in the amount of the prior estimated amount from Lessor, subject to adjustment pursuant to this Section, and upon notification of the increase by Lessor, Lessee shall pay the full amount of the increase which is due for any prior months during the adjusted period and thereafter continue to make payments at the adjusted amount, SECTION NINE REPAIRS AND MAINTENANCE A. I essor shall maintain the roof, foundation and structural soundness of the exterior walls (excluding all Windows and doors) of the buildings and the Common Areas located in the Shopping Center, B. Lessee shall, at its sole cost and expense, maintain, repair and replace all other parts of the Premises in good condition and repair including, without limitation, all utilities, fixtures, mechanical, electrical, plumbing systems and equipment located in, on or about the Premises, and the heating, ventilating and air conditioning ("HVAC") system(s) servicing the Premises. Lessee, at its sole cost and expense, shall keep and maintain the Premises and the areas immediately surrounding the Premises, at all times in a neat, clean and sanitary condition (including the removal and/or disposal of any trash) and in accordance with all governmental requirements, and Lessee shall,at its sole cost and expense, repair• and replace all darnage to the Premises caused by Lessee and its agents, officers, employees, contractors and invitees, If Lessee fails to: comply with the above obligations and such failure continues for three(3) days after notice from Lessor, Lessor may perform, but is not obligated to perform, any such Lessee obligation, and the cost thereof shall 5 be paid by Lessee as Additional Rent within ten(10)days of dernand from Lessor. It is the parties intention that the Lease be a "net lease", and Lessee shall pay, in addition to Rent, all costs and expenses related to the Premises, including without limitation, all maintenance, repair and replacement expenses, except as specifically provided to the contrary in this Lease. Lessee shall throughout the Term maintain a service contract with an air conditioning repair firm approved by Lessor, at Lessee's sole cost, for the regular and emergency maintenance and repair and replacement of the HVAC systems servicing the Premises, including, without limitation, the periodic cleaning of the coils of the HVAC unit. Neither Lessee nor Lessee's employees, agents contractors or invitees shall be permitted access to the roof of the Premises or Shopping Center, Additionally, if the HVAC system (or other utility equipment) is damaged by vandalism, fire, lightning or other casualty, Lessee shall be responsible for the cost of repair(and if necessary, replace) the equipment. Lessee's sole right of recovery shall be against Lessee's insurers for loss or damage to stock, furniture and fixtures, equipment, improvements and betterments. For any work that Lessee is responsible under this Lease which involves access to and/or penetration of the roof surface, without limiting Lessor's right to approve any alterations or work (and contractors performing the same) as provided in Sub-section (C)below,Lessee shall provide Lessor prior written notice and shall employ Lessor's contractor at Lessee's sole cost. Notwithstanding anything to the contrary contained in this Lease, Lessee shall not be permitted to perform any structural alterations or repairs to the Premises, and at Lessor's sole election either Lessor or Lessor's designated contractor shall perform, at Lessee's sole cost and expense, any such structural alterations and repairs. As a part of Lessee's general maintenance obligation, Lessee shall enter into an annual contract with a licensed, bonded and insured pest control contractor reasonably acceptable to Lessor, fully licensed to inspect and treat for pests, which shall provide services as dictated by Lessee and as Lessor may reasonably require from time to time, Upon demand by Lessor, Lessee shall furnish to Lessor a copy of the pest control maintenance contract described above. Nothing stated hereinabove shall limit Lessee's obligation to maintain the Premises free of pests throughout the Term.Lessee shall also close out any permits pulled by or on behalf of Lessee. C. Lessee shall not make any alterations to the Premises without the prior written consent of Lessor. Lessor shall not unreasonably withhold its consent to any interior, nonstructural alterations, but Lessor may withhold or deny its consent to any exterior alterations, or to any alterations which affect the roof, structure or mechanical electrical or plumbing facilities serving the Premises in its sole discretion. In any event, Lessor must approve any contractors Lessee may engage to perform any alterations in, on, or about the Premises. D. In order to comply with the provisions of Section 713.10 Florida Statutes, it is specifically provided that neither Lessee nor anyone claiming by, through or under Lessee, including,without limitation, contractors, subcontractors, materialmen, mechanics and laborers, shall have any right to file or place any kind of lien whatsoever upon the Premises or the Center or any improvement thereon,and any such liens are specifically prohibited. All parties with whom Lessee may deal are put on notice that Lessee has no power to subject Lessor's interest to any claim or lien of any kind or character, and all such persons so dealing with Lessee must look solely to the credit of Lessee, and not to Lessor's interest or assets, Lessee shall put all Stich parties with whom Lessee may deal on notice of the terms of this Section. If at any time a lien or encumbrance is filed against the Premises or the Center as a result of Lessee's work,materials or obligations, Lessee shall promptly discharge said lien or encumbrance, and if said lien or encumbrance has not been removed within ten(10)days from the date it is filed, Lessee agrees to deposit with Lessor cash in an amount equal to one hundred fifty percent (150%) of the amount of any such lien or encumbrance, to be held by Lessor(without interest to Lessee) until any such lien or encurnbrance is discharged. 6 SECTION TEN SURRENDER OF PREMISES Lessee shall surrender the Premises at the end of the Terni,or any renewal of such Term,in the same condition as when Lessee took possession,allowing for reasonable use and wear. Before surrender,Lessee shall remove all business signs placed oil the Premises by Lessee and restore the portion of the Premises on which they were placed in the same condition as when delivered by Lessor. Lessor shall have the right 90 days prior to the termination of this lease (or at any time Lessee is in default of its obligations under this Lease) to place "FOR RENT"signs (or their equivalent) in or on the Premises, SECTION ELEVEN PARTIAL DESTRUCTION OF PREMISES Partial destruction of the Premises shall not render this Lease void or voidable, nor terminate it except as specifically provided in this Lease. If the Premises are partially destroyed during the Term of this Lease, Lessor shall repair them when such repairs can be made in conformity with governmental laws and regulations, within 180 days of the partial destruction. Written notice of the intention of Lessor to repair shall be given to Lessee within 60 days after any partial destruction. Fixed Rent will be reduced proportionately to the extent to which the repair operations interfere with the business conducted on the Premises by Lessee. If the repairs cannot be made within the time specified above, Lessor shall have the option to make them within a reasonable time and continue this Lease in effect with proportional rent rebate to Lessee as provided for in this Lease. If the repairs cannot be made in 180 days, and if Lessor does not elect to make there within a reasonable time, either party shall have the option to terminate this Lease. Disputes between Lessor and Lessee relating to provisions of this section shall be arbitrated. The parties shall each select an arbitrator, and the two arbitrators selected shall together select a third arbitrator. The three arbitrators shall determine the dispute, and their decisions shall be binding on the parties. The parties shall divide the costs of arbitration equally between thein. SECTION TWELVE ENTRY ON PREMISES BY LESSOR Lessor reserves the right to enter on the Premises,with 24 hour advance notice,at reasonable times to inspect them, perform required maintenance and repairs, or to make additions, alterations, or modifications to the Common Areas or to any part of the building in which the Premises are located, and Lessee shall permit Lessor to do so. Lessor may erect scaffolding, fences, and similar structures, post relevant notices, and place moveable equipment in connection with making alterations,additions,or repairs,all without incurring liability to Lessee for disturbance of quiet enjoyment of the Premises, or loss of occupation or use of the Premises. Lessor will have the right (i) to establish, modify and enforce reasonable rules and regulations from time to time with respect to the Common Areas; (ii) to enter into, modify and terminate agreements pertaining to the use and maintenance of the Common Areas;(iii)to close temporarily portions of the Common Areas; and (iv) to do and perform such other acts in and to said areas and improvements as Lessor shall determine. Not withstanding the foregoing, for the period of time during the tenant improvements of Lessee, as outlined in Exhibit B of this Lease, Lessor reserves the right to enter the Premises at reasonable times 7 to inspect the ,Premises, and Lessee sham permit Lessor to do so.. Not withstanding the foregoing, the 24 hour advance notice requirement set forth above in this Section s shall not be required in stases of emergency. SEC'T'ION THIRTEEN SIGNS,AWNINGS, AND MARQUEES INSTALLED BY LESSEE Lessee shall not construct of place suns, awnings, marquees, or other structures projecting from the exterior of the Premises without the prior, express, and written consent of Lessor, which consent may be granted or withheld in I..,essor's sole and absolute discretion. Subject to municipal code approval (to be obtained by Lessee),Lessor hereby approves Lessee's signage as shown on Exhibit D.Lessee shall remove signs,displays, advertisements, or decorations it has placed on the Premises that, in the opinion of Lessor, are offensive of otherwise objectionable in Lessor's sole opinion. If Lessee fails to remove such signs, displays, advertisements, or decorations within S days after receiving written notice from Lessor to remove them, Lessor reserves the right to enter the Premises and remove them at the expense of Lessee. In any event,Lessee shall conform any signs to the Sign Criteria then in effect for the Shopping Center. Except as provided herein and approved by Lessor, Lessee shall have no other rights to have any other signage or other identification displayed in the Shopping Center. Notwithstanding the foregoing, it is expressly understood and agreed that the Premises is in the"Breezeway" space of the Property and does not have any frontage to the street. As a result there is no direct location to hand or otherwise display a"Mansard Sign"directly above the Unit as illustrated in Exhibit.D. Any alternative location of a mansard sign for Lessee must be approved by Lessor, at Lessor's discretion. Lessee shall be entitled to maintain a sign panel on the Shopping Center Pylon in the size and location shown on Exhibit Q. Such panel shall conform to the manufacturer's specifications for the pylon structure, and shall be manufactured,delivered, and installed at Lessee's sole expense. Lessor reserves the right to require Lessee to use Lessor's sign company to install Lessee's panel. 'Lessee shall maintain, repair, and replace (as necessary)its panel on the pylon, and Lessee agrees to replace such panel if, in Lessor's opinion, such panel becomes faded, broken, cracked, or otherwise in disrepair, If Lessee fails to replace such panel within thirty (30) days following Lessor's written notice, or if Lessee is in default of this Lease beyond any applicable notice and cure periods, Lessor may remove Lessee's parcel at Lessee's expense) and replace the same with a blank panel, of at Lessor's option a panel identifying another tenant or occupant of the Shopping Center.. SECTION FOURTEEN is BUSINESS SALE SIGN'S Lessee shall not conduct"Going out of Business,""Last Our Lease,""Bankruptcy,"or other sales of a similar nature on the Ptenri.ses without the prior written consent of Lessor. In no event shall Lessee erect or maintain any perp anent or temporary signage (i.e., "reader boards", billboards, "lollipop" signs, mobile marquee, vehicles bearing signage identifying Lessee) in or on the Premises or the Common Area, without the prior written approval of Lessor, which may be withheld in Lessor's sole discretion. f i p 3 U � SECTION FIFTEEN NONLIABILITY OF LESSORIEXCULPATION Lessor shall not be liable for liability or damage claims for injury to persons or property fi-orn any cause relating to the occupancy of the Promises by Lessee,including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the Premises during the Term of this Lease or any extension of such Term. Lessee shall indemnify Lessor, its agents, employees, officers and directors, to the greatest extent permitted by the laws of the State of Florida from any and all liability, loss, or other damage claims of obligations resulting from any injuries or losses of any nature,directly or indirectly related to the Lessee's use and occupancy of the Premises, including,without limitation, any claims arising in common or other areas of the property of the Lessor. The obligations of Lessor under this Lease do not constitute personal obligations of Lessor or its individual partners, shareholders,directors, officers,employees and agents, and Lessee shall look solely to Lessor's then existing interest in the Premises,and to no other assets,for satisfaction of any liability in respect of this Lease, and will not seek recourse against Lessor's individual partners,shareholders,dfivetors, officers,employees or agents, or any of their personal assets or those of any related entity for such satisfaction. No other properties or assets of Lessor or any related entity shall be subject to levy, execution, or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Lessee arising out of or in connection with this Lease,the relationship of landlord and tenant, or Lessee's use of the Premises. Lessee's sole right and remedy it)any action concerning Lessor's reasonableness(if and where the same is required under this 1-case) shall be an action for either declaratory Judgment or specific performance. SECTION SIXTEEN LIABILITY INSURANCE Lessee shall procure and maintain in force at its expense during the Term of this Lease and any extension of such Term, public liability insurance (and liquor liability insurance, if applicable) with insurance companies and through brokers approved by Lessor. Such coverage shall be adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around the Premises, in a minimum amount of$1,000,000 for each person injured, $3,000,000 for any one accident,and$1,000,000 for property damage, The insurance policies shall provide coverage for contingent liability of Lessor on any claims or losses. Lessor, and any other persons or entities designated by Lessor, must be named as all additional named insured under any such policy of insurance. 'The insurance policies shall be delivered to Lessor for safekeeping, Lessee shall obtain a written obligation from the insurers to notify Lessor in writing at least 30 days prior to cancellation or refusal to renew any policy. If the insurance policies required by this section are not kept in force during the entire Term of this Lease or any extension of such Term, Lessor may, but shall not be required to procure the necessary insurance and pay the premium for it, and the premium shall be repaid to Lessor as an Additional Rent installment for the month following the date on which the premiums were paid by Lessor, 9 SECTION SEVENTEEN ASSIGNMENT, SUBLEASE, OR LICENSE Lessee shall not assign or sublease the Premises (or any part thereof), nor grant any right or privilege connected with the Premises or use thereof,nor allow any other person except agents and employees of Lessee to occupy the Premises (or any part thereof) without first obtaining the prior written.consent of Lessor, which consent may be granted or withheld by Lessor in its sole and. absolute discretion. Consent by Lessor to one assignment, sublease or license shall not be consent to any subsequent assigiu-nent, sublease, or license, An unauthorized assignment, sublease, or license to occupy by Lessee shall be void and at the option of Lessor shall terminate this Lease. The interest of Lessee in this Lease is not assignable by operation of law without the written consent of Lessor. Any assignment for the benefit of creditors, or any transfer of stock,partnership, or other form of ownership interest in Lessee is prohibited except in accordance with the provisions of this Section. In addition, no assignment, sublease or license, whether with or without Lessor's consent shall affect any personal 01' corporate guaranty. As a condition of considering any request for Lessor's approval, together with its request, Lessee shall pay Lessor a review fee of One Thousand Dollars ($1,000.00), plus Lessor's reasonable attorney fees and or administrative fees in reviewing the terms and considerations of any proposed assignment,sublease or license, whether or not such transfer is approved by Lessor. Notwithstanding the foregoing, simultaneously with the execution of the Lease Agreement, the Parties shall affix an additional exhibit to this Lease entitled "Exhibit E." Exhibit E shall contain the name, occupation type, and business name of any and all people that have been preapproved by Lessor as a qualified sub-lessee under the terms of this Lease Agreement. No fees shall be incurred by either Party for the inclusion of Exhibit E. SECTION EWITTEEN BREACH 'r; Failure to pay any item of Rent when due, the appointment of a receiver to take possession of the assets of Lessee,a general assignment for the benefit of the creditors of Lessee, any action taken or allowed to be taken by Lessee under any bankruptcy act, or the failure of Lessee to comply with any term and/or condition of this Lease shall constitute a breach of this Lease. Lessee shall have 5 days after receipt of written notice from Lessor of any breach to correct the conditions specified in the notice. If Lessee cannot reasonably cure such breach within the 5 day period, Lessee shall have a reasonable time to correct the default,provided such action is commenced by Lessee within 5 days after receipt of the notice and diligently pursued to completion. Such additional time shall not be required for any event involving a failure to pay any item of Rent when due. SECTION NINETEEN REMEDIES OF LESSOR FOR BREACH BY LESSEE Lessor shall have the following remedies in addition to its other rights and remedies in the event Lessee breaches this Lease and fails to make corrections as set forth in Section Eighteen: 10 A. Lessor may reenter the Premises immediately and remove the property and personnel of Lessee, store the property in a public warehouse or at a place selected by Lessor, at the expense of Lessee. B. After reentry, Lessor may terminate this Lease on giving 10 days written notice of termination to Lessee. Without such notice, reentry will not terminate this Lease. On termination, Lessor may recover from Lessee all damages proximately resulting from the breach, including, but not limited to, the cost of recovering the Premises and the balance of the Rent payments remaining due and unpaid tinder this Lease. C.After reentering,Lessor may relet the Premises or any part of the Premises for any term without terminating this Lease, at such rent and on such terms as it may choose. Lessor may make alterations and repairs to the Premises. The duties and liabilities of the parties if the Premises are relet shall be as follows: (1) In addition to Lessee's liability to Lessor for breach of this Lease,Lessee shall be liable for all expenses of the reletting, for the alterations and repairs made, and for the difference between the rent received by Lessor under the new Lease and the Rent installments that were due for the same period under this Lease, (2) Lessor, at its option, shall have the right to apply the rent received from reletting the premises (a) to reduce Lessee's indebtedness to Lessor under this Lease, not including indebtedness for Rent, (b) to expenses of the reletting and alterations and repairs made, (c)to Rent due under this Lease,or(d)to payment of future Rent tinder this Lease as it becomes due. If the new Lessee does not pay a Rent installment promptly to Lessor, and the Rent installment has been credited in advance of payment to the indebtedness of Lessee other than Rent, or if rentals from the new Lessee have been otherwise applied by Lessor as provided for in this section, and during any Rent installment period,are less than the Rent payable for the corresponding installment period under this Lease, Lessee shall pay Lessor the deficiency, separately for each rent installment deficiency period, and before the end of that period. Lessor may, at any time after such reletting, terminate this Lease for the breach on which Lessor based the reentry and relet the Premises. After reentry, Lessor may procure the appointment of a receiver to take possession and collect rents and profits of the business of Lessee. If necessary to collect the rents and profits, the receiver may carry on the business of Lessee and take possession of the personal property used in the business of Lessee, including inventory, trade fixtures, and furnishings and use them in the business without compensating Lessee. Proceedings for appointment of a receiver by Lessor, or the appointment of a receiver and the conduct of the business of Lessee by the receiver, shall not terminate this Lease unless Lessor has given written notice of termination to Lessee as provided in this Lease, SECTION TWENTY ATTORNEY AND BROKER FEES If Lessor engages the services of an attorney or law firm in an effort to enforce any agreement contained in this Lease, or for breach of any covenant or condition, by filing an action or otherwise, Lessee shall pay Lessor reasonable attorney fees for the services of Lessor's attorney in the action. SECTION TWENTY-ONE CONDEMNATION Eminent domain proceedings resulting in the condemnation (or a deed in lieu thereof) of a part of the Premises, but leaving the remaining premises usable by Lessee for the purposes of its business, will not terminate this Lease unless Lessor,at its option,terminates this Lease by giving written notice of termination to Lessee. The effect of any condemnation, where the option to terminate is not exercised, will be to terminate this Lease as to the portion of the Premises condemned, and the lease of the remainder of the Premises shall remain intact. The Fixed Rent for the remainder of the lease term shall be reduced by the amount that the usefulness of the Premises has been reduced for the business purposes of Lessee. Lessee assigns and transfers to Lessor any clairn it may have to compensation for damages as a result of any condemnation. Lessee shall have no claim upon any award or damages awarded to Lessor by virtue of any condemnation or deed in lieu.thereof. SECTION TWENTY-THREE WAIVERS Waiver by Lessor of any breach of any covenant or duty of Lessee under this lease is not a waiver of a breach of any other covenant or duty of Lessee, or of any subsequent breach of the same covenant or duty, SECTION TWENTY-FOUR GOVERNING LAW It is agreed that this Lease shall be governed by, construed, and enforced in accordance with the laws of the State of Florida SECTION TWENTY-FIVE ENTIRE AGREEMENT This Lease shall constitute the entire agreement between the patties. Any prior understanding or representation or any oral agreement of any kind preceding the date of this Lease shall not be binding upon either party except to the extent incorporated in this Lease or by separate written instrument executed by both patties or their authorized representatives. SECTION TWENTY-SIX MODIFICATION OF AGREEMENT Any modification of this Lease or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party. 12 SECTION TWENTY-SEVEN NOTICES All notices,demands,or other writings that this Lease requires to be given,or Which may be given,by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, registered and postage prepaid, and addressed as follows: To Lessor: YACHTSMAN PROPERTIES, LLC 80 Business Park Drive, Suite 103 Armonk,NY To Lessee: AIMS Marketing Systems Inc 8657 Rosalie Ct Boynton Beach, Fl 33472 The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided, SECTION TWENTY-EIGHT BINDING EFFECT This Lease shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties. SECTION TWENTY-NINE TIME OF THE ESSENCE It is specifically declared and agreed that time is of the essence of this Lease and each and every provision hereof. SECTION THIRTY PARAGRAPH HEADINGS The titles to the paragraphs of this Lease are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Lease, SECTION THIRTY-ONE OPTION TO EXTEND Provided Lessee has not been,in default of this Lease beyond any notice and cure periods at any time prior to its exercise, Lessee may exercise its option to extend the term of this Lease for one (1) additional term 13 (the "Extension Term") of Five (5) years. Lessee must exercise such option, if at all, by written notice delivered to Lessor no later than six (6) months prior to the Termination Date (time being of the essence). All of the terms of the Lease shall remain in effect, except that the Fixed Rent during the first year of the Extension Term shall be "Fair Market Rent". Fixed Rent for each subsequent year shall be the Fixed Rent for the prior year increased by Three percent (3%). The term"Fair Market Rent" shall mean the monthly amount per square foot that a willing landlord would accept and a willing retail tenant would pay, at arms-length- for a comparable commercial building located in the vicinity of the Shopping Center for a use similar to that of Lessee at the time of such negotiation. In the event that the parties cannot agree on the Fair Market Rent for such Extension Term before the Termination Date, Lessor and Lessee jointly shall select an independent third party appraiser reasonably acceptable to both parties, The cost of the third party appraisal shall be shared by the patties. If Lessor and Lessee cannot agree upon an independent third party appraiser, then either party may request a court of competent jurisdiction to appoint such an appraiser. The decision of the appraiser shall be binding upon Lessor and Lessee. SECTION THIRTY-TWO RELOCATION Notwithstanding any other provision in this Lease, Lessor in its sole discretion shall have the option at any time to relocate Lessee from the Leased Premises (the "Present Premises") into other premises in the Shopping Center(the "New Premises"), Lessor shall give Lessee at least forty-five (45) days notice of the approximate date Lessee is to move to the New Premises. Lessor shall prepare the New Premises to the same extent that Lessor prepared the Present Premises, The New Premises will have at least the same amount of square foot area as the Present Premises. Lessor shallp ay for moving Lessee's inventory,fixtures equipment and storefront sign to the New Premises, The New Premises will become the Leased Premises (instead of the Present Premises)and the Rent(including all of Lessee's other monetary obligations to Lessor under the Lease) and all the other terms and provisions of this Lease shall be transferred to and continue to apply,without interruption,to the New Premises from and after the date Lessee is required to move pursuant to this Section. SECTION THIRTY-THREE GUARANTY As a condition of Lessor's entering into this Lease, CLEDITH E OAKLEY 111, and BARRY FOXWORTHY ("Guarantors") is concurrently executing a personal guaranty, guaranteeing Lessee's full and faithful performance of the terms and conditions of this Lease. Such personal guaranty is of both payment and performance,and shall be without recourse to any other rights or remedies available to Lessor, 14 Signature Page Attached i I f i I f i t I `€E qEE t 15 IN WITNESS WHEREOF,the respective parties have signed, sealed and delivered this Lease on the date and year written below. : LESSOR: YACIITSM S PROP RTIES, LLC, a Delaware ed liab" ity mpany r WITNESS: y w It WITNESS: Dated -41 LESSEE: AIMS Marketing Systems Inc. f Q WITNESS' J -- �— } WITNESS: Cledith E Oakley III Authorized Signatory i Dated_ 3 9% d 1 E a 16 EXHIBIT A SITE PLAN 1600 N Federal Highway,Bp ynton Beach, Florida ti 4jr R F Olt 17 EXHIBIT 113 LESSOR'S WORK The Premises shall be delivered "AS-1S, WIJER i f-IS,"except for the work provided.below: 1) Lessor shall provide a new HVAC unit as needed and per code. The unit shall be paid for and installed by a contractor under Lessor's control unless Lesser and Lessee subsequently agree otherwise. Lessor shall not be required to install the new HVAC equipment until Lessee is 80% complete with the lessee's Fork:as described below. a. For the purposes of this Lease, 80% complete shall mean 80% of all work is complete,paid for,and proper lien waivers received. b. if Landlord's work is the sole and only reason for a delay in Lessee's "Commencement Pate Schedule" as provided below,the 225 day time limit shall be extended one day for each day of delay that is solely caused by Lessor's installation of the HVAC equipment. LESSEE'S WORK Upon execution of this Lease Agreement Lessor grants Lessee the authority to perform certain interior renovations to the Premises provided that the size and scope complies with the following: r f' 1) Lessee must provide a full set of architectural drawings to Lessor that represents the full scope of proposed work. The full and complete scope of work must be approved in writing by Lessor before p work care commence. a, The expected scope of work for this Unit shall include following general items: i. Electrical—outlets and Lighting per code. ii. New drywall along the four exterior walls of the Unit. leo partitions expected. f iii. Poor or passageway to Units I 1-12 iv. HVAC ductwork as needed and per code. v. Plumbing, if applicable vi. Flooring if wanted—polished cement look recommended by Lessor 1 vii. Ceiling—Painted exposed ceiling recommended by Lessor viii. Bathrooms— to code if applicable. 2) Lessee must comply with any and all City, State, and Federal regulations governing the proposed work to be performed in the Unit. This shall include but is not limited to, site safety,proper ' insurance, receipt of all applicable permits, etc. ) Any and all contractors, subcontractors or others working on behalf of Lessee shall have and provide proof of insurance. 4) Lessee shall use standard form AIA contracts for all contractors and sub-contractors related to the work in the Unit. 5) Lessee shall indemnify and hold harmless Lessor for any and all work performed by Lessee. 6) Lessee shall provide Lessor with any and all contracts related to the work in the Unit, and Lessee shall set up a"draw" style payment plan with any and all contractors and sub-contractors that requires work inspection, and submission of lien waivers prior to any payment for work performed. 7) Lessee shall be responsible, at its own expense, for°any and all work including but not limited to, hermit fees, hard costs,soft costs,raise budget items, cost:overruns, legal fees, etc related to the improvement work inside the Unit. 8) Notwithstanding the foregoing, Lessee agrees that any work performed that has the potential to effect the exterior of the building, other units in the Shopping Center, or other common areas requires the specific written consent of Lessor prior to performing the proposed.work. 18 9) The Rent Commencement Date as defined in this Lease Agreement shall commence on the earlier of. A) receipt of a final Certificate of Occupancy from the applicable government agency, OR B) 225 days from the execution of this Lease Agreement, The 225 day period and the timeframe hurdles are as follows: a. Lessee shall provide a full set of architectural construction drawings to Lessor within 30 days from execution of this Lease Agreement. b. Lessee shall submit for all applicable permits within fifteen (15) days from the date of Lessor's approval of the architectural drawing set. c. Lessee shall receive a building permit within ninety(90) days from the date permit application submission, d. Lessee shall have seventy-five (75) days (2.5 months) fi-oni the date of work permit issuance to complete the proposed work.' e. Lessee shall have fifteen (15)business days fi-om the date of the final work inspection to receive a final certificate of occupancy from the applicable government agency. 10)Upon the full execution of this Lease Agreement by all Parties, Lessor shall have five (5) clays to remove all of Lessor's items found in the Premises. 19 EXHIBIT EXCLUSIVE AND PROHIBITED USES t 1, Adult book stares, adult theatre, or adult amusement facilitf. 2. Amusement centers, arcade/game rooms, 3. Automobile and light truck neve sales or rental.. 4. Automobile service and self-service gas stations 5. Automobilehnotorcycle repair shops. 6. Automobile storage. T Bath and massage parlors (but health or beauty spas, including tanning salons and day spas, such as "Curves"and "Massage Envy"shall be permitted), S. Billiard rooms, bowling alleys, skating;or roller rinks and poolrooms. q. Any industrial or mining use. 10, dry cleaners with on-site cleaning plant. 11. Office use (except incidental to a retail use permitted hereunder, and except so-called "office retail" uses such as real estate agents, stock brokerages, title insurance companies and tax preparation services shall be permitted) 12. Medical observatory dormitories or any other sleeping quarters or lodging. 13. Mortuaries or funeral homes. 14. lslatatoriums 15. Open-air theaters 16. Propagating and growing plants for sale. 1 17. Pubs, bars, nightclubs or discos. 18. Self-service storage facilities. l 19. Skating rinks i k 20. Truck rentals, 21. Any other use not allowed under this Lease, prohibited by law or for which Lessor has granted another occupant an exclusive use right i i 20 x i EXHIBIT D SIGNAGE r PIC Italblwp5sH 4r 9LLWIMAIEA PLEA!!AF¢cw+�a I.£T1Pfl'a -- _ .. --' III dll�6p PiQN 145 GARY 4a WUSL a vvµ4 �. NU XTIk i I W �a 1 Priorityl -rro:x f pP o 5 +31Y6'4Nm.EFPW.55 JSA�A,1tT'E�f- s � •• �Ytf Y3 —. -., E.�S1P.Ei1'1 Tl l}3 Yi:GAi'I Sn'hY _d1 Fa@ (1LF.T'.al frF 4Xr5 MP;cV➢F^SSIiEa3 EYN el:rtia. 9'i'a 1M IXC SIJ ln4VL["!FAS C"Zlx - ipMt..lWYrt:AlYfAFf-- .. __ NadYi:Yd t.'dPLCdth?.K!tYd l.a l5%StI E.I:rnFSYXfi6t`.tFLe m � Mrz£�.'G'3l Ut?S4n _._ ,,., _—__ _._ -..�. �:. •®. "�-'MIaT 1'�A4&L'iUUtfli6f� u tana�rvsw lm F I D31ikllJ 9WkF%Y.Yfl-----..--.�� r`aA'iii.f.WpL'FIFi.W3F fl.E S'a b'a3a`AfitlgS.#iFVfi: —�.� fill FTY WTFP*P 1'a f'FA'1°F_l4'AN RWI .w .w 1 E 21 I EXHIBIT D—Continued MONUMENT SIGNAGE W 4- Pi t EIIRAL PALM:PLAZA r r _ i7IFCFhAW&LW14R710 DDAt SIND MDRmiNr%KN ji 0-1 �MRAL PALM PLAZA ISM 1 i4..rYi�,i,B,ad.�.� " u�rnazAri�ayi�ao t r � 6 _ ..._.._- 10' *All approved signage is subject to change and approval from the City of Boynton Beach, Lessee space on the Monument will be determined Upon approval from the City of Boynton Beach. It is expected that i..,essee will have one(1) space on the monument. 22 i EXHIBIT I 1� ea k v k s k r s i 1 J 23 v j GUARANTY OF LEASE THIS GUARANTY OF LEASE AGREEMENT "Guaranty"is made and entered into this day of 2020 by BARRY FOXWORTHY an individual having an address at �5--&57 �-a%UC zi 6-0a,40- -9"Afh re- ("-Guarantor"), in favor of YACHTSMANS PROPERTIES, LLC, a Deldwar'e limited habifity company ("Landlord"), WITNESSETH: WHEREAS, AIMS Marketing Systems Inc. ("Tenant"),and Landlord entered into that certain Lease "Lease" dated 2020, with respect to the Property as more particularly described in the Lease (all capitalized terms not defined herein shall have the same meanings ascribed to them in the Lease); and 1AMEREAS, in order to induce Landlord to enter into the Lease, the undersigned Guarantor(s) has agreed to guaranty the payment of all rents and charges, and the performance of all of Tenant's obligations, under the Lease. NOW,THEREFORE,in consideration of the execution and delivery of the Lease by Landlord,and other good and valuable considerations,the receipt and sufficiency of which are hereby acknowledged, Guarantor hereby agrees as follows: 1. The undersigned hereby guarantees to the Landlord and to any mortgagee holding a mortgage upon the interest of Landlord in the Property, the due and punctual payment of all Rent payable under the Lease, and each and every installment thereof, as well as the full and prompt and complete performance by the Tenant of each and all of the terms, covenants and conditions in the Lease contained on the pail of the Tenant therein to be kept, observed and performed, for the Term, with no less force and effect than if the undersigned were named as the Tenant in the Lease, and the undersigned, will forthwith on demand pay all amounts at any time in arrears, and will make good any and all Events of Default occurring under the Lease, Guarantor hereby waiving any rights to prior demand or Landlord's enforcement of the Lease first against Tenant. This Guaranty and the liability of the undersigned shall be absolute,and unlimited,and shall in no way be impaired or affected by any assignment which may be made of the Lease,or any subletting hereunder, or by any extension(s)of the payment of any Rent,Guarantor hereby waiving any defenses against such amounts and/or performance tinder the Lease which Tenant may have had, asserted and/or been entitled to assert against such amounts and/or performance under the Lease. 2. No; action or proceeding brought or instituted under this Guaranty against the undersigned, and no recovery had in pursuance thereof, shall be a bar or defense to any further action or proceeding which may be brought under this Guaranty by reason of any further default or defaults of Tenant. The liability of the undersigned shall not be deemed to be waived, released, discharged, impaired or affected by reason of the release or discharge of the Tenant including, but not limited to, any release or discharge pursuant to any reorganization, readjustment, insolvency, receivership or bankruptcy proceedings. There shall be no modification of the provisions of this Guaranty unless the same be in writing and signed by the undersigned and the Landlord. 3, All of the terms, covenants and conditions of this Guaranty shall be joint and several, and shall extend to and be binding upon the undersigned, their heirs, executors, administrators, and assigns,and shall inure to the benefit of the Landlord, its successors and assigns, and to any future owner of the fee of the Property and to any mortgagee of the Landlord. Landlord may, without notice, assign the Lease or this Guaranty in whole or in part, and the undersigned agrees that no modification of the terms, covenants or conditions of the Lease shall in anyway impair or affect the undersigned's obligations hereunder. 4. If either party hereto brings any action to enforce rights under this Guaranty,whether judicial,administrative or otherwise, the prevailing party in that action shall be entitled to recover from the losing party all fees and Court Costs incurred, incl Lid ing,reasonable attorneys' fees,whether such costs and fees are incurred Out Of Court, at trial, on appeal,or in any bankruptcy proceeding. This Guaranty and the rights and obligations of the parties hereto are governed by the laws of the State of Florida, 5. If any term,covenant or condition of this Guaranty,or the application thereof to any person or circumstance, shall,to any extent,be invalid or unenforceable,the remainder of the Guaranty,or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term, covenant or condition of this Guaranty shall be valid and enforceable to the fullest extent permitted by applicable law. The execution of this Guaranty prior to the execution of the Lease shall not invalidate this Guaranty or lessen the obligations of the Guarantor(s) hereunder. 6.LANDLORD ANT)THE UNDERSIGNED HEREBY MUTUALLY WAIVE ANY AND ALL RIGHTS WHICH EITHER MAY I IAVE 1-0 REQUEST A JURY TRIAL IN ANY PROCEEDING AT LAW OR IN EQUITY IN ANY COURT OF COMPETENT JURISDICTION WHICH PROCEEDING IS UNDER, IN CONNECTION WITH OR RELATED TO THIS GUARANTY, THE UNDERSIGNED ACKNOWLEDGES THAT THE WAIVER IS A MATERIAL INDUCEMENT TO LANDLORD TO ENTER INTO THE LEASE. 7. This Guaranty contains the entire agreernent between the parties with respect to the matters contained herein, and shall not be modified except in writing executed by all pa ties. IN WITNESS WHEREOF, the undersigned have executed this Guaranty on this 10 day ofd 2020. GUARANTOR: fs� BARI-1Y&0xw16RTHY.-'-,-' Tax ID No./SSN: Address 7 7D- STATE OF A COUNTY OF 7 This i rument was sworn,, b�scribed and acknowledged before me on this V day of 2020 1" I by and who is personally known to 'rument pr me or wh A7pr as identification. AMMOALEE ARMINTA MY COMMISSION 4 GG 201448 N -y ubl' 5 -,V EXPIRES;March 2a,2022 Wn4WThWNotVyNftUodwxbffi GUARANTY OF LEASE THIS GUARANTY OF LEASE AGREEMENT"Guavarity"is made and entered into this Ldday of 2020 by CLEDITH E OAKLEY II Pn 5 iind4ividual having an addrqspa P'tg I geeA j -'-'�"Uulrantor"),in favor of 7 aA, VACHTSaANS PROPERTIES,LLC,a L3claware limIted liability company("Laridlord"). WITNESSETH: WHEREAS,AIMS Marketing Systems Inc.("Tenant"),and Landlord entered into that certain Lease"Lease" dated 2020, with respect to the Property as more particularly described in the Lease (all capitalized terms not defined herein shall have the sarne meanings ascribed to thein in the Lease),and WHEREAS, in order to induce Landlord to enter into the Lease,the undersignctl Guarantor(s)has agreed to guaranty the payment of all rents and charges,and the performance of all of Tenant's obligations, under the Lease. NOW,Tl*,REFORE,in consideration of the execution and delivery of the Lease by Landlord,and other good and valuable considerations,the receipt and sufficiency of which are hereby acknowledged,Guarantor hereby agrees as follows: I. The undersigned hereby guarantees to the Landlord and to any mortgagee holding a mortgage upon the interest of Landlord in the Property,the due and punctual payment of all Rent payable under the Lease,mid each and every installment thereof,as well as the full and prompt and complete performance by the Tenant of each and all of the terms,covenants and conditions in the Lease contained on the part of the Tenant therein to be kept, observed and performed, for the Term, with no less force and effect than if the undersigned were named as the Tenant in the Lease,and the undersigned,will forthwith on demand pay all amounts at any time in arrears, and will make good any and all Events of Default occurring under the Lease, Guarantor hereby waiving any rights to prior demand or Landlord's enforcement of the Lease first against Tenant.This Guaranty and the liability of the undersigned shall be absolute,and unlimited,and shall in no way be impaired or affected by any assignment which may be made of the Lease,or any subletting hereunder,or by any extension(s)of the payment of any Rent,Guarantor hereby waiving any defenses against such amounts and/or perffirmance tinder the Lease which Tenant may have had, asserted and/or been entitled to assert against such amounts and/or performance under the Lease, 2,No action or proceeding brought or instituted under this Guaranty against the undersigned,and no recovery had in pursuance thereof,shall be a bar or defense to any further action or proceeding which may be brought under this Guaranty by reason of any further default or defaults of Tenant. The liability of the undersigned shall not be deemed to be waived, released, discharged, impaired or affected by reason of the release or discharge of the Tenant including,but not limited to,any release or discharge pursuant to any reorganization, readjustment, insolvency, receivership of bankruptcy proceedings. There shall be no modification of the provisions of this Guaranty unless the same be in writing and signed by the undersigned and the Landlord. 3. All of the terms,covenants and conditions of this Guaranty shall be joint and several, and shall extend to and be binding upon the undersigned,their heirs,executors,administrators,and assigns,and shall inure to the benefit of the Landlord, its successors and assigns,and to any future owner of the fee of the Property and to any mortgagee of the Landlord, Landlord may,without notice,assign the Lease or this Guaranty in whole or in pail, and the undersigned agrees that no modification of the terms, covenants or conditions of the Lease shall uj anyway impair or affect the undersigned's obligations hereunder. 4.lfei(her party hereto brings any action to enforce rights under this Guaranty,whether judicial,administrative or otherwise,the prevailing party in that action shall be entitled to recover from the losing party all fees and court costs incurred,including reasonable attorneys'fLes,whether such costs and fees are incurred out ofcourt, at trial,on appeal,or in any bankruptcy proceeding.This Guaranty and the rights and obligations of the parties hereto are governed by the laws of the State of Florida. 5.If any term,covenant or condition of this Guaranty,or the appl ication thereof to any person or circumstance, shall,to any extent,be invalid or unenforceable,the remainder of the Guaranty,or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby,and each term, covenant or condition of this Guaranty shall be valid and enforceable to the fullest extent permitted by applicable]a\-v.The execution ofthis Guaranty prior to the execution of the Lease shall not invalidate this Guaranty or lessen the obligations of the Guamtor(s) hereunder. 6.LANDLORD AND THE LTNDERSIGNED HFREBY MUTUALLY WAIVE ANY AND ALL RIGHTS WHICH EITHER MAY HAVE TO REQULSTA JURY TRIAL IN ANY PROCEEDING AT LAW OR IN EQUITY IN ANY COURT OF C0N'1PI--'TLNTJ1JR1SDJCTION WHICH PROCFEDING IS UNDER. IN CONNLCTION WITH OR RELATED 1-0 TI IIS GUARANTY.THE UNDERSIGNED ACKNOWLEDGES T]IAT THE WAIVER IS A MATERIAL INDUCEIVIENTTO LANDLORD TO ENTER INTO THE LEASE. 7.This Guaranty contains the entire agreement between the parties with I-csPcct to the matters contained herein,and shall not be modified exccpt in writing executed by all patties. IN WITNESS WHEREOF,the undcrsigncd have executed this Guaranty on,this t day of Cqd_,2020. GUARANTOR: NOW P'LEE 201444 GG CLEDITn E OAKLEY III 262022 two Pub 'uMe twt Tax ID No./SSN:A�12 1 Address STATE OF COUNTY OF This instrument was sworn,subsoiledand acknowledged before me on this day of20 by and who is pci-son.ally known to me or whG-p1'0dL1CCd as identification. zat U is 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: May 11, 2021 CONSENT AGENDA AGENDAITEM: 11.E. SUBJECT: Approval of Commercial Property Improvement Grant Program in the Amount of $17,433.23 for Aurora's Mexican Kitchen I nc. Located at 410 E. Boynton Beach Boulevard, Unit C SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial costs associated with the construction, repair, and/or rehabilitation of commercial building improvements. The Commercial Property Improvement Grant Program provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. CRA staff has received a complete grant application from Aurora's Mexican Kitchen Inc., located at 410 E. Boynton Beach Boulevard, Unit C, Boynton Beach, FL 33435 (see Attachments I - 11). Aurora's Mexican Kitchen is dedicated to honoring the flavors of Mexican cooking from southern Mexico by introducing them to South Florida. They are committed to using methods and ingredients that are most traditional, simple and authentic. Aurora's Mexican Kitchen will also offer cooking lesson and occasional Mexican-themed dinners and events. As the tenant of a restaurant space, the applicant falls under the terms of a Tier I business, as outlined in the grant application. The applicant is seeking reimbursement for interior renovations including a new hood, signage, security system, new flooring and plumbing. The total cost of eligible property improvements is approximately$29,055.38 (see Attachment 111). If approved, the applicant is eligible to receive a maximum grant of $17,433.23 which includes a 20% contingency in reimbursable funds provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: FY2020-2021 Budget Project Fund, Line Item 02-58400-444, $17,433.23 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Property Improvement Grant not to exceed the maximum grant award of $17,433.23 to Aurora's Mexican Kitchen Inc., located at 410 E. Boynton Beach Boulevard, Unit C, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Property Improvement Grant Application D Attachment II - Location Map D Attachment III - Project Quotes ' T z. REDEVELOPMENTMW mmBEAC RA COMMUNITY AGENCY October 1, 2020 - September 3 , 2021 BOYNTN BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERICAL PROPERTY IMPROVEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Property Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the repair and rehabilitation of buildings or other improvements in accordance with the BBCRA Community Redevelopment Plan. Improvements paid for by the BBCRA must be permanent and stay with the building. The BBCRA reserves the right to approve or deny any Commercial Property Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. For purposes of this application, the term "new business" means a company in operation for less than six months or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The term "project" means the eligible exterior or interior improvement project for which the applicant seeks reimbursement. Initials Page 1 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law"under Florida State Statutes, Chapter 119.Any documents provided by the Applicant(s) may be produced the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Property Improvement Grant Program offers financial assistance to the landlord or business owner in the form of a reimbursable, matching grant for 50% of eligible expenses, up to $50,000, associated with the construction or renovation of the exterior and interior elements of the commercial operating space. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace_program.php or by contacting the City of Boynton Beach at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com or view the attached brochure. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). Initials"- Page nitials Page 2 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com • Improvements to non-profit and residentially zoned properties are NOT eligible expenses. • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than$250,000 (based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. • Grant funding amounts will be based on the applicant's project budget, specified at the time of the BBCRA Board approval, plus an added 20% contingency funding amount. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Property Improvement Grant Program may only be used one time in any five year period for any one property. Entities hoping to improve properties that were previously improved using a BBCRA improvement grant may apply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding liens, violations or monies owed for utilities, the BBCRA will perform a lien search on the property at a cost of $115.00, which will be deducted from any grant funding awarded to the recipient. Initial &h_ elt Page 3 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • In order to receive the full amount of any awarded grant, the property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach, and submit for reimbursement within 180 days of the issuance date of the permit for the project. (As further described below, applicants may request reimbursement for up to 50% of their grant award prior to completion of the project.) If BBCRA Board approves grant funding and the work being performed does not require a permit, the Certificate of Completion (or equivalent)and application for reimbursement must be within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in termination of the grant award, at which point the CRA no longer make payments for any reimbursement requests, regardless of whether the request was submitted prior to the termination of the grant. Only one 60 day administrative extension will be permitted, and the BBCRA has the sole and absolute discretion to grant or deny such extension. • Project items completed and paid for by the applicant more than 60 days prior to grant approval by the BBCRA Board are not eligible for reimbursement under the grant program.A complete application must be received within 60 days of payment in order for an expense to be eligible for reimbursement. Once a complete application is received, the application will be placed on the next available agenda for review and potential approval. • BBCRA Board approval of this grant results only in funding. Approval of BBCRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification.Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Initials"11- Page 4 of 17 Property Improvement 100 East Ocean Avenue,41 Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com Projects and items eligible for funding under this grant program are limited to: • Structural walls • Plumbing • Flooring • Grease trap installation • HVAC system • ADA Improvements • Electrical systems, . Hood &fire . Signage including exterior and suppression . Doors/windows interior lighting • Landscaping and • Parking lot re-paving, . Patio decks irrigation within the re-sealing, and/or connected to the project site restriping building • Painting • Fencing (excluding • Demolition of structure • Roofing (Not to chain link, barbed wire, and re-sodding of exceed 50% of and wood panels) vacant property total grant award) • Electric vehicle charging • Solar electricity and • Security stations—See attached water heating —See cameras/system** ReNew PACE Eligible attached ReNew PACE (not including Product List Eligible Product List security personnel) ** Notwithstanding the limitation that grants may only be used once every five years for any one property, previous grant recipients that received less than the maximum amount of grant funding from Commercial Property Improvement Grants or Economic Development Grants are eligible to reapply to receive 50% matching reimbursable funding in an amount not to exceed $3,000 for the installation of new security cameras/systems. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Property Improvement Grant Program: • Massage/Personal Services . Medical Research Centers/Housing • Firearm Sales/Shooting Ranges • Massage/Personal Services • Religion-Affiliated Retail Stores • Churches/places of worships • Non-profit Organizations • Alcohol and/or Drug Rehabilitation • Adult Gambling Arcades Centers/Housing • Check Cashing Stores • Any other use that the BBCRA staff • Adult Entertainment or BBCRA Board determine will not • Vapor/E-Cigarette Stores support the redevelopment of the BBCRA Area Initials�W_v Page 5 of 17 Property Improvement 100 East Ocean Avenue,4 1 Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com • CBD Retail Stores Grant Terms and Conditions This grant is divided into three tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. All reimbursement checks from the BBCRA to the successful applicant will be made out to the applicant (the business entity). Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval, plus an added 20%for contingency funding. Tier One Business Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $50,000 in grant funding. Tier One Businesses must be one of the following types of business: • Restaurant Hotels/Motels/Bed and Breakfast • Gourmet Food Market (the Board will grant no more than • Bakery four approvals in this category per fiscal year) Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $25,000 in grant funding. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home D6cor/Design —home • Boutiques—clothing, shoes & furnishings, art galleries, kitchen accessories wares. • Law Offices • Accounting Offices • Hair/Nail Salons (no more than two • Real Estate Offices approvals per fiscal year) Initials G_--- Page 6 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com • Marketing Offices • Medical Offices • Fitness Facilities—yoga, dance • Insurance Offices exercise, martial arts, etc. • Take Out Restaurants • Auto Services Facilities— repair, . Tattoo Parlor/Body Piercing/Body storage, sales, etc Art Shop (no more than two • Specialty Retail Businesses— approvals per fiscal year) stationary, gifts, sporting goods • Florists (no more than two • Other commercial fagade only approvals per fiscal year) improvements Tier Three Business (no more than two approvals per fiscal year) Tier Three Businesses are subject to BBCRA Board for review and approval. Tier Three Businesses eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of$15,000 in grant funding. Tier Three Businesses must be one of the following types of businesses: • Kava Tea Bar • Pawn Shops • Convenience Stores: (Fagade • Liquor Store and Security Improvement • Laundry/Dry Cleaner facility only) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and Initials Page 7 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach,FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com • Consequences of default on the lease. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, Boynton Beach, FL 33435 or downloaded from www.boytonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants must submit an original, "hard copy" application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-serve basis. Application packets must include the following documentation: 1. A non-refundable fee of$100,which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Written detailed project budget describing the improvements to be done to the property. 3. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. It must list all project costs for which the applicant is requesting reimbursement. The project budget must provide a total cost of the project. 4. Signage design, project color chips, material samples and material specifications, if applicable. 5. Copy of building permit receipt/application. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 90 days of grant approval, or the grant award may be terminated. 6. Resume for each principal/owner of the business. 7. Copy of the corporate documents for the applying business entity. 8. Copy of executed multi-year commercial lease agreement. 9. Copy of Warranty Deed. 10.Two years of corporate tax returns (for existing businesses only). 11.Two years of personal tax returns for the principal/owners of a new business. Initials Page 8 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com 12.Copy of design and construction plans associated with the proposed improvements. 13.List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 14.A minimum of four color digital "before" photos of the exterior and interior portions of the project. 15.Completed and signed application (attached). 16.Authorization to perform credit check for the business and each principal/owner of the business (attached). 17.W9 Form and Vendor Application (attached). 18.City Planning and Development Department Acknowledgement Form (attached). 19.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 18 and 19) must be completed and submitted to the appropriate departments, which are located at City Hall 100 East Ocean Avenue, Building Department, Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All required documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the project is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month at the Commission Chambers located in City Hall at 100 East Ocean Avenue, Boynton Beach, FL 33435. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Initials Page 9 of 17 Property Improvement 100 East Ocean Avenue,4 1 Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement This program is designed as a matching 50% reimbursable grant. All work for which reimbursement is sought must be completed and paid for by the applicant prior to the release of BBCRA funds. The applicant may request reimbursement for partial payments throughout the project for up to 50% of grant award. The remaining 50% of grant funding will be held until the project is completed according to the City of Boynton Beach Building Department, and if applicable, a certificate of occupancy has been issued, at which point the applicant may submit a final reimbursement request. The BBCRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the BBCRA (3)days prior to the grant expiration date. The BBCRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the reimbursement request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full." Proposals for"work to be completed" or"bids" are not considered proper documentation. a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. 2. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). Initials Page 10 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com 3. For partial reimbursement requests, a Partial Release of Lien from licensed contractors must be submitted. 4. For the final reimbursement request, the following must also be submitted: a. A"final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 5. A minimum of 4 color"after" photos of the project. 6. A copy of the Certificate of Occupancy/Completion. By submitting the final reimbursement request, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement that have been used as part of a reimbursement request for any other grant program offered by the BBCRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible have been paid is sufficient assurance for the BBCRA to award grant funding Initials Page 11 of 17 Property Improvement 100 East Ocean Avenue,4t"Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com Y4 ; RT.44d.1a`. BOYNTO W"U"M Hi RA COMMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): Current Business Address: - Fed ID#: 0?2S2 Business Phone Number: 712--V Cell: ` ^� Website: Existing Business:Yes No Number of years in existence: Time at Current Location: _ New Business to Boynton Beach: Yes % No Do you have an executed lease agreement: Yes No_If so, monthly base rent: New Business Address (if applicable): Square footage of current location: Square footage of new location: Type of Business: Tier 1 Business: Tier 2 Business: ❑ Tier 3 Business: ❑ Tier Classification subject to BBCRA Board Approval) Number of Employees: 19 Hours of Operation: List of improvements seeking reimbursement for: .ac Requested grant mount: i�j Page 12 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com TON = EACH . CRA COMMUNrrY REDEVELOPMENT AGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: h Date of Birth: � 7V Email: Residential Address: Cell Phone Number: ,S . e v 2. Principal/Owner Name: ZZ, 97 Date of Birth: Email: Residential Address: Cell Phone Number: �a _ 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistant under any other program offered by the BBCRA? Yes No If yes, what a ditional programs are you applying for: Page 13 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com BOYNTON ,1C F v .. 1 REDEVELOPMENTRA COMMUNITY Y APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes_No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: ' r Landlord Name: itm g 3 Landlord's Mailing dr ss: `' Landlord's Phone Number: CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term"I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I Initiats —z Page 14 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach,FL 33435–Phone: (561)600-9090 www.boyntonbeachcra.com A BOYN I REDEVELOPMENT=BEACH IRACOMMUNITY APPLICANT INFORMATION understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the BBCRA to run a credit report as part of this application,and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the BBCRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Initials Page 15 of 17 Property Improvement 100 East Ocean Avenue,4t"Floor, Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com :1,e: meg, H1 1 COMMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION APPLICANT SIGNATURES: i. A urQr c� CD a r c.'c ?--rA Principal/Owner's Signatu Date AUROi2A4 N(Lci,4 R,4" of eve Si We� � Printed Name Title 2. Principal/Owner's Signature Date F7 Avt_I�rf2 S /C,6 AZ4;,J! Davy- Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF r1,0124 nf� COUNTY OF PSA/( ercftIA BEFORE ME, an officer duly authorized b law to administer oaths and take acknowledgements, R personally appeared V" PWwho is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 40V''L. 20 2C_. ` Bonnie Nk*Jien NOTARY PUBLIC T RY STATE OF FLORIDA ' Comm#GGio8394 My Commission Expires: Expires 5/25/2021 Page 16 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com BOYN =B R A COMMUNffY T AGENCY LANDLORD INFORMATION LANDLORD SIGNATURES: 1. Landlord's Signature Date Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures-Multiple notary pages may be used if signing individually STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20 NOTARY PUBLIC My Commission Expires: Page 17 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach,FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com All BOYN RA omp mw B 14. COMMUNITY REDEVELOPMENT Y October 1, 2020 — September 30, 2021 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERICAL PROPERTY IMPROVEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Property Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the repair and rehabilitation of buildings or other improvements in accordance with the BBCRA Community Redevelopment Plan. Improvements paid for by the BBCRA must be permanent and stay with the building. The BBCRA reserves the right to approve or deny any Commercial Property Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. For purposes of this application, the term "new business" means a company in operation for less than six months or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The term "project" means the eligible exterior or interior improvement project for which the applicant seeks reimbursement. Initials 4� Page 1 of 17 Property Improvement 100 East Ocean Avenue,4th Floor,Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law"under Florida State Statutes, Chapter 119.Any documents provided by the Applicant(s) may be produced the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Property Improvement Grant Program offers financial assistance to the landlord or business owner in the form of a reimbursable, matching grant for 50% of eligible expenses, up to $50,000, associated with the construction or renovation of the exterior and interior elements of the commercial operating space. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace_program.php or by contacting the City of Boynton Beach at (561)742-6067. Attached is the ReNew PACE Eligible Product List. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com or view the attached brochure. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents,and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies(copies of City and County licenses or receipts that the licenses have been applied for). Initials Page 2 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com • Improvements to non-profit and residentially zoned properties are NOT eligible expenses. • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner,the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than$250,000(based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. • Grant funding amounts will be based on the applicant's project budget, specified at the time of the BBCRA Board approval, plus an added 20%contingency funding amount. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Property Improvement Grant Program may only be used one time in any five year period for any one property_ Entities hoping to improve properties that were previously improved using a BBCRA improvement grant may apply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant,the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding liens, violations or monies owed for utilities, the BBCRA will perform a lien search on the property at a cost of $115.00, which will be deducted from any grant funding awarded to the recipient. Initial Page 3 of 17 Property Improvement 100 East Ocean Avenue,41 Floor,Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • In order to receive the full amount of any awarded grant, the property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach, and submit for reimbursement within 180 days of the issuance date of the permit for the project. (As further described below, applicants may request reimbursement for up to 50% of their grant award prior to completion of the project.) If BBCRA Board approves grant funding and the work being performed does not require a permit, the Certificate of Completion (or equivalent)and application for reimbursement must be within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in termination of the grant award, at which point the CRA no longer make payments for any reimbursement requests, regardless of whether the request was submitted prior to the termination of the grant. Only one 60 day administrative extension will be permitted, and the BBCRA has the sole and absolute discretion to grant or deny such extension. • Project items completed and paid for by the applicant more than 60 days prior to grant approval by the BBCRA Board are not eligible for reimbursement under the grant program.A complete application must be received within 60 days of payment in order for an expense to be eligible for reimbursement. Once a complete application is received,the application will be placed on the next available agenda for review and potential approval. • BBCRA Board approval of this grant results only in funding. Approval of BBCRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification.Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. lnitials Page 4 of 17 Property Improvement 100 East Ocean Avenue,4"Floor, Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com Projects and items eligible for funding under this grant program are limited to: • Structural walls • Plumbing • Flooring • Grease trap installation • HVAC system • ADA Improvements • Electrical systems, • Hood &fire • Signage including exterior and suppression • Doors/windows interior lighting • Landscaping and • Parking lot re-paving, • Patio decks irrigation within the re-sealing, and/or connected to the project site restriping building • Painting • Fencing (excluding • Demolition of structure • Roofing (Not to chain link, barbed wire, and re-sodding of exceed 50% of and wood panels) vacant property total grant award) • Electric vehicle charging • Solar electricity and • Security stations—See attached water heating—See cameras/system** ReNew PACE Eligible attached ReNew PACE (not including Product List Eligible Product List security personnel) ** Notwithstanding the limitation that grants may only be used once every five years for any one property, previous grant recipients that received less than the maximum amount of grant funding from Commercial Property Improvement Grants or Economic Development Grants are eligible to reapply to receive 50% matching reimbursable funding in an amount not to exceed $3,000 for the installation of new security cameras/systems. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Property Improvement Grant Program: • Massage/Personal Services • Medical Research Centers/Housing • Firearm Sales/Shooting Ranges • Massage/Personal Services • Religion-Affiliated Retail Stores • Churches/places of worships • Non-profit Organizations • Alcohol and/or Drug Rehabilitation • Adult Gambling Arcades Centers/Housing • Check Cashing Stores • Any other use that the BBCRA staff • Adult Entertainment or BBCRA Board determine will not • Vapor/E-Cigarette Stores support the redevelopment of the BBCRA Area Initials ,__ Page 5 of 17 Property Improvement 100 East Ocean Avenue,4`h Floor,Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com • CBD Retail Stores Grant Terms and Conditions This grant is divided into three tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. All reimbursement checks from the BBCRA to the successful applicant will be made out to the applicant(the business entity). Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval, plus an added 20%for contingency funding. Tier One Business Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $50,000 in grant funding. Tier One Businesses must be one of the following types of business: • Restaurant • Hotels/Motels/Bed and Breakfast • Gourmet Food Market (the Board will grant no more than • Bakery four approvals in this category per fiscal year) Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $25,000 in grant funding. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home D6cor/Design —home • Boutiques—clothing, shoes & furnishings, art galleries, kitchen accessories wares. • Law Offices • Accounting Offices • Hair/Nail Salons (no more than two • Real Estate Offices approvals per fiscal year) Initials -- Page 6 of 17 Property Improvement 100 East Ocean Avenue,41 Floor,Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com • Marketing Offices • Medical Offices • Fitness Facilities—yoga, dance • Insurance Offices exercise, martial arts, etc. • Take Out Restaurants • Auto Services Facilities—repair, • Tattoo Parlor/Body Piercing/Body storage, sales, etc Art Shop (no more than two • Specialty Retail Businesses— approvals per fiscal year) stationary, gifts, sporting goods . Florists (no more than two • Other commercial fagade only approvals per fiscal year) improvements Tier Three Business (no more than two approvals per fiscal year) Tier Three Businesses are subject to BBCRA Board for review and approval. Tier Three Businesses eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of$15,000 in grant funding. Tier Three Businesses must be one of the following types of businesses: • Kava Tea Bar • Pawn Shops • Convenience Stores: (Fagade • Liquor Store and Security Improvement • Laundry/Dry Cleaner facility only) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and Initials Page 7 of 17 Property Improvement 100 East Ocean Avenue,4th Floor,Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com • Consequences of default on the lease. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, Boynton Beach, FL 33435 or downloaded from www.boytonbeachcra.com.All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants must submit an original, "hard copy" application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-serve basis. Application packets must include the following documentation: 1. A non-refundable fee of$100,which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Written detailed project budget describing the improvements to be done to the property. 3. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. It must list all project costs for which the applicant is requesting reimbursement. The project budget must provide a total cost of the project. 4. Signage design, project color chips, material samples and material specifications, if applicable. 5. Copy of building permit receipt/application. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 90 days of grant approval, or the grant award may be terminated. 6. Resume for each principal/owner of the business. 7. Copy of the corporate documents for the applying business entity. 8. Copy of executed multi-year commercial lease agreement. 9. Copy of Warranty Deed. 10.Two years of corporate tax returns (for existing businesses only). 11.Two years of personal tax returns for the principal/owners of a new business. Initials Page 8 of 17 Property Improvement 100 East Ocean Avenue,4th Floor,Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com 12.Copy of design and construction plans associated with the proposed improvements. 13.List of jobs to be created and filled including job descriptions,pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 14.A minimum of four color digital "before" photos of the exterior and interior portions of the project. 15.Completed and signed application (attached). 16.Authorization to perform credit check for the business and each principal/owner of the business (attached). 17.W9 Form and Vendor Application (attached). 18.City Planning and Development Department Acknowledgement Form (attached). 19.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 18 and 19) must be completed and submitted to the appropriate departments, which are located at City Hall 100 East Ocean Avenue, Building Department, Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All required documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the project is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month at the Commission Chambers located in City Hall at 100 East Ocean Avenue, Boynton Beach, FL 33435. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Initials ' - Page 9 of 17 Property Improvement 100 East Ocean Avenue,4`h Floor,Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed.Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement This program is designed as a matching 50% reimbursable grant. All work for which reimbursement is sought must be completed and paid for by the applicant prior to the release of BBCRA funds. The applicant may request reimbursement for partial payments throughout the project for up to 50% of grant award. The remaining 50% of grant funding will be held until the project is completed according to the City of Boynton Beach Building Department, and if applicable, a certificate of occupancy has been issued, at which point the applicant may submit a final reimbursement request. The BBCRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the BBCRA (3)days prior to the grant expiration date. The BBCRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the reimbursement request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s)that have been marked "paid in full." Proposals for"work to be completed"or"bids"are not considered proper documentation. a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers.A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. 2. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). Initials AL Page 10 of 17 Property Improvement 100 East Ocean Avenue,4th Floor,Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com 3. For partial reimbursement requests, a Partial Release of Lien from licensed contractors must be submitted. 4. For the final reimbursement request, the following must also be submitted: a. A"final release of lien"signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 5. A minimum of 4 color"after"photos of the project. 6. A copy of the Certificate of Occupancy/Completion. By submitting the final reimbursement request, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement that have been used as part of a reimbursement request for any other grant program offered by the BBCRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party.The BBCRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full.Applicant's warranty that all bills related to the Project for which the applicant is directly responsible have been paid is sufficient assurance for the BBCRA to award grant funding Initials: Page 11 of 17 Property Improvement 100 East Ocean Avenue,4t"Floor,Boynton Beach,FL 33435-Phone:(561)600-9090 www.boyntonbeachcra.com BOYNTO 0"Mm""BEAC RA COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): f Current Business Address: t_ s dP Fed ID#: - -. l Business Phone Number: 5-6 Cell: SZO Website: Existing Business:Yes - No Number of years in existence: Time at Current Location: w New Business to Boynton Beach: Yes % No Do you have an executed lease agreement:Yes No If so, monthly base rent: h New Business Address (if applicable): Square footage of current location: Square footage of new location: Type of Business: Tier 1 Business: Tier 2 Business: ❑ Tier 3 Business: ❑ (Tier Classification subject to BBCRA Board Approval) Number of Employees: Hours of Operation: ?- List of improvements seeking reimbursement for: fly Requested grant;amount: Page 12 of 17 Property Improvement 100 East Ocean Avenue,4 1 Floor,Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com BEACHiCRA COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth: Z49Email: j C Residential Address:, 2 P r � Cell Phone Number: . / � e 2. Principal/Owner Name. _ Date of Birth: l 112-3 1,( E Email: Residential Address: Cell Phone Number: �., 1�m 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistant under any other program offered by the BBCRA? Yes No If yes,what additional programs are you applying for: k Page 13 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com B(DW, N TO "' RA "A BEACI I ]c COMMUNrrY REDEVELOPMENT APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes_No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: Landlord's Mailing dr ss: d" x if Landlord's Phone Number: CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy,the term"I"refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application,and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I Initials Page 14 of 17 Property Improvement 100 East Ocean Avenue,4th Floor,Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com BOYN =BE RA COAAMUNffY REDEVELOPMENT AGENCY APPLICANT INFORMATION understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, and give my consent to the Boynton Beach Community Redevelopment Agency,its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the BBCRA to run a credit report as part of this application,and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the BBCRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Initials Page 15 of 17 Property Improvement 100 East Ocean Avenue,4`"Floor,Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com A, t REDEVELOPMENTff"mm""B E AC H ., R A COMMUNffY APPLICANT INFORMATION APPLICANT SIGNATURES: 1. A uv-o-r a- (D G 1.- -c, vd. b f, Dy/ 3 a/2Z® Z/ Principal/Owner's Signatu Date A u RO /2r} See S s deft-J- Printed Name Title 2. f, �7 Principal/Owner's Signature Date ?4'�� Ate-t�rPZ S 44 t,6 5Z CJ r Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF M BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared KVtL-Q P 00L,0 who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this 3a day of 20-7-1 . ` Bonnie Nicklien NOTARY PUBLIC A6RY a STATE OF FLORIDA " Comm#GGIO8.394 My Commission Expires: Expires 5125/2021 Page 16 of 17 Property Improvement 100 East Ocean Avenue,41h Floor,Boynton Beach,FL 33435-Phone:(561)600-9090 www.boyntonbeachcra.com =BEACiCRA CO&WUNffY PtEDEVELOPMENT AGENCY LANDLORD INFORMATION LAND1.046 SI ATURE". w 1 C l an lord's SignatureDate b.A, Printed am l > Ti le 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures-Multiple notary pages may be used if signing individually STATE OF COUNTY OF ((Y\ BEFORE ME,an office,,C duly authorized by law to administer oaths and take acknowledgements, personally appeared kh lA - F> Nj+C iAa— , who islare personaliackaewa to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 20Z( NOTARY PUBLIC My Commission Expires: STACY CANDIA Commis"#HH 117952 Expires August 5,2025 Bonded Thu Troy fain Ineumw 800.385.7019 Page 17 of 17 Property Improvement 100 East Ocean Avenue,411 Floor,Boynton Beach,FL 33435-Phone:(561)600-9090 www.boyntonbeachcra.com 5/3/2021 PAPA Maps DOROTHYJACKS - -= ---CFA,AAS 5 Palm Bach Co tyP p rty Appraiser A}gririFrfiiL } ir 1 r yak r uc Search by Owner,Address or Parcel , T}� View Property Record r Owners n 1bY •1j i�>!!),II\�SFtb .BOYNTON BEACH "£ PROPERTY HOLDINGS f� r, t Property DetailI#� � I ..,, 410 EBOY NTOP k.4 ;.. BEACH BLVD A )s i Muii BOYNTON BEAC }}i, a..,.t. No. 084345280300 i BOYNTON TOW N ,< 14860 rage J � , Sale Date JAN 2003 105 E PALM ET , r< , MailingPARK RD 1d,...e.; BOCA RATON I ' 33432 4801 Yoe 1100-STORES lipad S So,u= 3078 t. t.t�. Ilk �., Sales Information JAN-2003alesDate Price 342000 y Dist Ave 'sr� _ ---g s li`tl� )}±a°rye s144SS{{sS FEB-1998 150000 { V JUN-1992 100 MAR-1982 140000 �F JAN 1977 47600 ' Appraisals i `s Tax Year 2020 s.. l a "{ F 1k E C)eaan Aue �� "�vr:>a ( i�>r r u,. -� �9r I�I�li�i•s - .,E��eara Jsve,,,. K"'F�' �„ r i https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528030020050 1/1 Plumbing $ 1,200.00 $ 2,650.00 $ 2,450.00 $ 1,750.00 Signage $ 358.45 Hood $ 17,000.00 Security Cameras $ 426.93 Flooring $ 3,220.00 Project Total $ 29,055.38 50% Reimbursement $ 14,527.69 Add 20%Contingency $ 2,905.54 Total Grant Request $ 17,433.23 �t noun vmawm H(UHIaEQU Coo LICENSE:CFC]430573 -MAY OUR SERVICES BE WITH YOU!-.COMPLETE PLUMBING SERVICES PROPOSAL APRIL 29,8021 TO: Pablo del Real ADDRESS:RESS:410 E Boynton Beach Blvd. Boynton Beach, 33435 Q44ba Pablo E-MAIL: pablo @ theway.education RE:410 E Boynton Beach Blvd : Kitchen Plumbing Renovations Estimates WE AT STORM TROOPERS PERS PLUMBING CO..o DD OO NEREBY PROPOSE SE THE FOLLOWING: 1 .Water Heater Replacement: $1200.00 for Tank Heater Replacement 2650.00 for Tankless Heater. 2.Exterior & Interior Gas Line Work: (Meter to Appliance Connections) 2450.00 3.Convert Shower to Utility Sink Area: $1750.00 4.All costs include labor and plumbing material to complete installations. • A 50% DEPOSIT of is required upon acceptance of proposal. • The REMAINING BALANCE of is due upon completion of work. We are not responsible for any weather related delays,for any damage to underground utilities(i.e. cable,fiber optic,etc), electric wiring,grass/sod,shrubs,trees, plants,gas lines, concrete,asphalt,driveways,sidewalks, pads, concrete pads, landscaping,fencing wood/chain,water lines,sprinkler/irrigation lines,any buried utilities that are not marked by the homeowner or the No cuts locate company,etc. Once you are ready to proceed please contact us as well as email us a signed copy of this proposal to the email address mentioned below. If you have any questions or concerns, please feel free to contact us Monday through Saturday 8:00 am to 5:00 pm,with 24 hour emergency services. A96 HYACINTH CUR N.PALM BEACH GARDENS.FL 33MO. 561.523.9824 Mn7Mn W STOO RIM TROO OO PERSPLU M BING.COO IMI 0 SQOO RIMIQROO OO PERSPLU M BINGC&6MAIL.COO IMI noun vmawm m(EHIaEQU Coo LICENSE:CFC]430573 -MAY OUR SERVICES BE WITH YOU!-•COMPLETE PLUMBING SERVICES THANK YOU, OREYSUN Se EARLY SE Approval Signature Date A96 HYACINTH COR bo PALMI[BEACH GARDENS.fid 33MO. 561.523.9824 M7n Mn W STOO RMTROO OO PERSPLU M BING.COO IMI 0 SQOO RMTROO OO PERSPLU M BINGC&6MAIL.COO IMI Third Street Signs 561-374-9111 QUOTE Date: April 28, 2021 Job Number: 21483 TO: Aurora's Mexican Kitchen ITEM NO. QTY DESCRIPTION UNIT PRICE TOTAL 1.00 Letter window and door 160.00 160.00 1.00 Double sided tenant panel for front sign (Installed) 175.00 175.00 Subtotal 335.00 Tax rate: 7 % Tax 23.45 Total 358.45 Tuesday, May 4, 2021 To: From: Ship-To: Aurora's Mexican Kitchen Mike Premovic Aurora's Mexican Kitchen 410 E. Boynton Beach Blvd FLORIDA VENT, INC. 410 E. Boynton Beach Blvd Boynton Beach FI 4766 NW 122 Drive Boynton Beach FI E:aurogaram@gmail.com Coral Springs, FL 33076 Phone: (954)294-2793 floridavent@bellsouth.net Florida Vent, INC. proposes to furnish the following equipment. REVISED EQUIPMENT Hood #1 5412SND-2-PSP-F-6ft 0°Long Sloped Exhaust-Only Wall Canopy Hood with 16"Wide Front x1 Perforated Supply Plenum with Built-in 3°Back Standoff -430 SS Where Exposed x1 -FILTER- 16°tall x 16°wide Kleen-Gard Stainless Steel Baffle Filter with Handles and Bottom x4 Hanging Hook, UL Classified -L55 Series E26 Canopy Light Fixture-High Temp Assembly, Includes Clear Thermal and Shock x2 Resistant Globe (1-55 Fixture), Bulbs By Others -EXHAUST RISER-Factory installed 10°X 16"X 4° x1 -SUPPLY RISER- 12°x 28°Supply Riser with Volume Dampers x2 - 1/2 Pint Grease Cup New Style, Flanged Slotted x1 -BACKSPLASH 68.00°High X 72.00°Long 430 SS Vertical (Includes End Caps&Divider Bars) x1 -INSULATION FOR BACK OF HOOD x1 Fan #1 USIBIl3 - - Exhaust Faro USBI13BD-RM Belt Drive Exhaust Only Unit With 13.750°Utility Set Exhaust Fan w/2°Grease x1 Drain. Clockwise Rotation When Looking At Inlet. Exhaust Fan handles 1764 CFM @-1.000°we ESP, Fan runs at 1653 RPM. Exhaust Motor: 1.000 HP, 1 Phs, 115 V, 60Hz, 8.1 FLA, ODP (Open Drip Proof) Page 1 of 4 -Floor Mount Spring Vibration Isolators. Option for the B110, USBI11, USB113&USB115(4 required) x1 Utility Set units and SIF11-18 (4 required). Max Weight=75 lbs. 1.3° Deflection. 3/8°bolt diameter. Set of 4. "Orange"(50126x4)Grainger equivalent=5C126-Mason C-A-75. -B113- 14°Flanged Grease Duct Connection. x1 -BI-Discharge Orientation -Vertical Upper Left-CW Looking At Inlet. x1 -B113-24°High Discharge Extension Assembly. x1 -Grease Cup for Utility Sets. Option for Utility Sets. x1 - 14°Diameter Duct- 14°Diameter Service Duct Used For Quick Disconnect From Fan Inlets&Duct x1 Runs. Service Duct Kits Include(2) DW1407LT, (8) DW14RER12PCS, Hardware, &3M Fire Barrier 2000 Plus Sealant. Fero #2 A1-G10 - Supply Fero Al-G10 Untempered Supply Unit with 10° Blower in Size#1 Housing x1 Supply Fan handles 1411 CFM @ 0.625°we ESP, Fan runs at 794 RPM. Supply Motor: 0.500 HP, 1 Phase, 115 V, 60Hz, 7.6 FLA, ODP (Open Drip Proof) Side Discharge-Air Flow Right->Left -Sloped Filtered Intake for Size#1 Standard Untempered Supply Unit. x1 22°Wide x 25.875°Long x 23.375°High. Includes 2° MV EZ Kleen Metal Mesh Filters. -Wall Mount Option for Size 1 un-tempered make-up air fan. 32°long angle iron frame. x1 -Ansul System-UL-300—up to 2"-Gas Valve Supplied. X1 INSTALLATION TO INCLUDE -Engineering -PE-Sealed Shop Drawings -Exhaust Ductwork to Run back of Hood thru Side Wall and Connect to Utility Blower -Make Up Duct thru Side Wall & Connect to Side Wall Fan -Licensed Electrician- For Hood and Ansul System Only( Does not Include Equipment & Outlets under the Hood) -Complete installation -Test & Balance -All required inspections Total Price: $17,000.00 PR YMENT TERMS w #% DEPDSIT ON # # 'r ON # ' # NOTE: NOT INCLUDED PERMITTING FEES & PROCESSING FEES Page 2 of 4 CLUSIONS A s r ■ ■ Electrical Work ■ Fire Chase ■ Duct Wrap 0 Re-roofing ■ Ceiling Work ■ Service railings/Platforms ■ Screening ■ Moving obstructions (from under hood) ■ Ducting ■ Concrete Penetrations ■ Structural Reinforcements 0 City permit fees (Hood & Fire System) ■ Horne/Strobe 0 K-Series Fire Extinguisher Facts & Requirements • All equipment(gas or electric)needs to be installed per permitted plans, no exceptions. Inspections will not pass if equipment lineup differs from approved permitted plans. • If appliances are gas, the gas will need to be ON for the final inspection. • If there is a building alarm it must be tied to the fire suppression system(completed under a separate permit from the alarm company). Typically the fire alarm should pass their final inspection before the fire suppression final inspection. If there is no alarm present, then the electrician must PROVIDE and install a horn strobe which is tied to the fire suppression system. • ROOF: Customer must hire a Licensed Roofing Company to cut holes in the roof for our installation of duct work and fans if roof is bonded or Municipality requires that a Licensed roofing Company performs this work. In that event,the Roofing Company also needs to submit plans to the appropriate Municipality for permits, at customer's own expense. Florida Vent is not responsible for sealing of roof curbs. • PERMITS: Customer understands that the time it takes for the Appropriate Municipality to issue permits is totally out of our control. If revisions need to be made to plans because of an inspector's particular requirements, the revisions will be done and re-submitted in a timely manner, however; again this is out of our control. • FINAL INSPECTIONS: Customer must have electric, gas and roofing Final Inspections completed before we can schedule Fire and Mechanical Final Inspections. However,we will not schedule any final inspection until full payment is received from the customer. Page 3 of 4 Florida Vent Approval Sign below for approval. No work will begin or materials purchased until this contract has been signed, returned and deposit collected. APPROVAL Authorized Signature Date Signature Date We accept MasterCard°,VISA°,American Express°, and Discover°cards for immediate credit approval and expedited order processing. Please ADD 3.5%to all Credit Card Orders VISA AMERI DISCOVER €PREss Page 4 of 4 Nicklien, Bonnie From: Pablo del Real <pablo@theway.education> Sent: Thursday,April 29, 2021 11:41 AM To: Nicklien, Bonnie Cc: Aurora Garcia Subject: Fwd:Your ADT Security Proposal Dear Bonnie, Another quote attached ... Thank you, Pablo Begin forwarded message: From: Aurora Garcia <aurogaram(a)gmail.com> Subject: Fwd: Your ADT Security Proposal Date: April 29, 2021 at 11:40:00 AM EDT To: Pablo del Real <pablop_theway.education> ----------Forwarded message --------- From: ADT Security Services <adtke.adt.com> Date: Tue, Feb 16, 2021 at 4:29 PM Subject: Your ADT Security Proposal To: <auro aram(a�gmail.com> What you love is one of a kind.Your protection should be too. 407-617-8616 0 Real Protection 1 MENNINEWEEM Dear Aurora Garcia Ramos, Thank you for choosing ADT. Below is our proposal based on your business security needs as we discussed. Your new system will help you protect the business you have worked so hard to build and will allow you to add even more features in the future! I look forward to setting up your installation. If you have any questions or concerns, please contact me. Sincerely, Debra Altman (^i 6 I 6-month money-back guarantee Your satisfaction is our#1 priority. Get all installation and monitoring fees refunded if ADT can't resolve your system or service concerns.* *Certain restrictions may apply. See terms and conditions here. Proposal Aurora Garcia Ramos ID: 110961188 410E Boynton each Blvd Ste C Expires: 3/18/2021 Boynton each, FL 33435 Your Security Specialist Debra Altman t: 407-617-8616 e: daltman@adt.com Area Manager Zullivan Basnuevo t: +1 4074564893 e: zbasnuevo@adt.com Your Customized ADT Smart and Secure Plan Command Security Solution Install Monthly HERE'S YOUR SYSTEM 1 [HV P 1114] - Command lin Touchscreen $299.00 $49.99 Intrusion Detection Solution (interactive services not supported.) 1 [ADT7AI0-1] - Command lin Touchscreen $0.00 $0.00 1 [CELLGUARD] - LTE Plug-in Radio $0.00 $0.00 Module, AT&T or Verizon Carrier version 2 [SIXCTA] - Door/Window Contact, 2-way $0.00 $0.00 Encrypted Wireless, White 1 [SIXPIRA] - Motion Detector, 2-way $0.00 $0.00 Encrypted Wireless System Plan Subtotal $299.00 $0.00 HERE'S YOUR ADDED TECH 1 [SIXPIRA] ® Motion Detector, 2-way $100.00 $0.00 Encrypted Wireless System &Added Tech Subtotal $399.00 $0.00 ACTIVATION + PERMIT FEES 1 [CON] ® Connection-Activation Fee $0.00 $0.00 1 [APER IT] ® Municipal Police/Alarm Use $0.00 $0.00 Permit® Customer Responsibility Activation + Permit Fees Subtotal $0.00 $0.00 REAL PROTECTION SERVICES 1 [MonitorGuardResp] ® Monitoring Guard $0.00 $2.00 Response 1 [HVP 1114] - Wireless Intrusion Detection $0.00 $49.99 Solution Real Protection Services Subtotal $0.00 $51.99 Total Estimated Taxes $27.93 $0.63 Total after savings & discounts $426.93 $52.62 4 Payment options Pay all at once $426.93 1 payment *With 36 month monitoring contract. Early termination fees apply. For terms and pricing, click here. Monthly Monitoring Fee $ 52.62 /mo- Let's get your installation scheduled! Call or email Debra Altman. 407-617-8616 daltmari@adt.com (a f 93 'Financing availabic for OqUipmcnt and installation costs only. Financing availabic for wall-qUalificd borrowers at 0%Annual PorcLntago Rate,for a rninirrILIM Of$200 LIP to a rnax firnit of$4,000 for oach approved application. First payment dUC UPOn OqUipment installation and SUbscqUcnt payments In OqUal monthly instalk-ricnts for tho term scicctod.12,24,36,&60-rnonth terms availabic. FU11 romaining balancc for OqUipi-ricnt and Installation dUC irrimccliatOly Upon termination of tho related ADI so deco for ADI-providcd financing.I hird party financing options availabic for WOH-qUalifrod borrowers. Not availabic in Puerto Rico. 5 I o onSUro YOU roccive,fUtUre,ADI corrminications,pi ass add adt&.adt.corn to YOUr address book. Q-:2020 ADI LLC dba ADI SOCUrity ScrvicLs.All rights roscrved.ADI the ADI logo,800.ADI.ASAP and the,prod U CVSO I's iCo names listed in this dOCUmont are,marks and,or registered marks. UnaUthorized USC is strictly prohibited.I bird-party marks arc,the property of their rosioLctive,owners. Liccnsc information availabic at vvvvvcADI.corn or by calling 800.ADI.ASAP.CA AC07155,974443,6'P01 7232; FL EF0001 121; LA F1639, F1640, F1643, F1654, F1655;MA 172C; NC Liconscd by the, Alarm Systems Liccnsing Board of the,State,of North Carolina:7535P2,7561 6 2,7562P10,7563P7,7565P1,7566P9, 7564P4-NY 12000305615- PA 090797-NIS 15019511. Services i 238 SE 2ND AVE Estimate No: 7125 Boynton Beach,FL 33435 Date: 04/30/2021 561.715.1185 abservices.palmbeach@gmail.com For: Aurora Garcia Ramos at Aurora's Mexican Kitchen pablo@theway.education Description Amount Tile flooring project:estimate 150 sq ft prep/remove existing flooring and baseboard install newtile install baseboard Materials:tile:Terra-cotta Style $1,245.00 Tile,thin set,grouting,sealer,baseboard Labor:installation and debris removal $1,975.00 Subtotal $3,220.00 Total $3,220.00 Total $3,220.00 1/1 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: May 11, 2021 CONSENT AGENDA AGENDAITEM: 11.F. SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the Amount of $12,900 for Aurora's Mexican Kitchen I nc. Located at 410 E. Boynton Beach Boulevard, Unit C SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA District boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from Aurora's Mexican Kitchen Inc., located at 410 E. Boynton Beach Boulevard, Unit C, Boynton Beach, FL 33435 (see Attachments I - II). Aurora's Mexican Kitchen is dedicated to honoring the flavors of Mexican cooking from southern Mexico by introducing them to South Florida. They are committed to using methods and ingredients that are most traditional, simple, and authentic. Aurora's Mexican Kitchen will also offer cooking lesson and occasional Mexican-themed dinners and events. As a restaurant, Aurora's Mexican Kitchen will be employing approximately six employees ranging from full-time and part-time positions for vendor staff for green markets and kitchen assistants. Under the terms of their Landlord-Tenant Lease Agreement, the base rent required to be paid by the applicant is $2,150 per month (see Attachment 111). Aurora's Mexican Kitchen, Inc., qualifies as a Tier I business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $1,750 per month for a 12 month period, whichever is less. If approved, Aurora's Mexican Kitchen Inc., would be reimbursed in the amount of $1,075/month for a period of 12 months or a total grant amount of $12,900 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY2020-2021 Budget, Project Fund, Line Item 02-58400-444, $12,900 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $12,900 to Aurora's Mexican Kitchen Inc., located at 410 E. Boynton Beach Boulevard, Unit C, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Rent Reimbursement Grant Application D Attachment II - Location Map Attachment III - Lease YNTO BEACH COMMUNITY REDEVELOPMENT AGENCY October 1, 2020 — September 30, 2021 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation. The BBCRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term "new business" means a company in operation for less than one year or relocating to Boynton Beach.The term"existing business"means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119.Any documents provided by the Applicant(s) may be produced by the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initials 10�4-44015 Page 1 of 15 Rent Reimbursement 100 East Ocean Avenue,4`h Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com Incentive Funding The Commercial Rent Reimbursement Grant Program offers financial assistance through a reimbursable grant in the form of a monthly rent reimbursement for the first 12 months of business with the option to request an additional 6 months of reimbursement, which may be granted at the discretion of the Board. New businesses are eligible to apply for assistance for up to one year from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, permits are closed out, City and County licenses are obtained, and the business is open for operation under a Temporary Certificate of Occupancy (TCO) or a Certificate of Occupancy (CO). For businesses that do not require any construction work, rent reimbursements will not be paid until City and County licenses are obtained and the business is open for operation. On a monthly basis, the BBCRA will issue reimbursement directly to the applicant. Reimbursement is for the monthly rent payment made to the landlord, and is dependent upon receipt of verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the parties to the lease, (the tenant and the landlord). As grantor, the BBCRA does not bear or accept any responsibility for payment of rent at any time, or for penalties incurred for the late arrival of payments by any party. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com. Initials P10--44e15 Page 2 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor,Boynton Beach,FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be a new business, or an existing business that is expanding in size. • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 50% of its current square footage size or open a second location within the BBCRA Area. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease with at least two years remaining on the lease. • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. Initials Page 3 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor,Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales/Shooting Range • Convenience Store • Religion-Affiliated Retail Stores • Churches/places of worship • Non-profit organizations • Take-out Foods • Check Cashing Stores • Tattoo Shops/ Body Piercing / • Kava Tea Bars Body Art Shops • Adult Entertainment • Liquor Stores • Adult Arcades . Vapor Cigarette, E Cigarette Stores • Alcohol and/or Drug Rehabilitation . Pawn Shops Centers/Housing . Any other use that the BBCRA staff • Massage/Personal Services or BBCRA Board determine will not • Auto Services Facilities — repair, support the redevelopment of the storage, sales, etc BBCRA Area • CBD Retail Stores, etc. • Medical Research Centers/Housing Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of BBCRA Board approval. Tier One Business Tier One Businesses are eligible for reimbursement for up to half(50%) of the business's base monthly rent or$1,750 per month, whichever is less (maximum amount of the grant is $21,000, distributed in four monthly payments). Initials��6?�e5 Page 4 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor,Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com Tier One Businesses must be one of the following types of businesses: • Restaurant • Bakery • Gourmet Food Market Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half(50%) of the business's base monthly rent or$1,250 per month, whichever is less (maximum amount of the grant is $15,000, distributed in four monthly payments. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Decor/Design —home • Clothing Boutique—clothing, furnishings, art galleries, kitchen shoes & accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than 2 • Real Estate Offices approvals per fiscal year) • Marketing Offices • Medical Offices • Fitness Centers 0 Insurance Offices • Specialty Businesses—stationary, . Florists (no more than 2 approvals gifts, sporting goods per fiscal year) Lease Termly If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on the lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; Initials A�4 Page 5 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor,Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com • Ability to terminate; and • Consequences of default on the lease. For purposes of this paragraph, the term "subject property" means the leased premises of the grant recipient, for which the applicant or grant recipient is seeking rental reimbursement, or any part thereof. Grant recipients are prohibited from subletting the subject property. If a grant recipient sublets the property, the grant recipient will be required to repay the BBCRA for all grant money received up to that point and will not be eligible to receive any further grant funding. For purposes of this grant, the BBCRA considers the following to be subletting: A) executing a sublease, assignment, or similar agreement with an entity that is not the grant recipient; B) allowing the subject property to be occupied by any business entity in which the grant recipient is not listed as the registered agent, owner, officer or director of said business, or assisting such a business in so doing; C) allowing or assisting a business entity other than the grant recipient to list its place of business as the subject property; or D) allowing or assisting a business entity other than the grant recipient to obtain a business tax license from the City of Boynton Beach for the subject property. The fact that a business entity other than the grant recipient occupies the subject property, lists its place of business as the subject property, obtains a business tax license for the subject property, or similarly appears to use the subject property is sufficient evidence that the grant recipient has allowed or assisted such other business entity to do so and is grounds for termination of any further grant payments and seeking reimbursement for previously paid grant payments. However, it shall not be considered a prohibited subleasing when the business purpose of the applicant is to provide a space for aspiring businesses, such as when the applicant is a business incubator, commissary kitchen, or business that provides co-op workspace. The BBCRA will determine whether a certain applicant fits into the exception described in this paragraph on a case-by-case basis. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 or downloaded from www.boyntonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before Initials 10�G4e5 Page 6 of 15 Rent Reimbursement 100 East Ocean Avenue,41 Floor, Boynton Beach,FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com submitting an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants must submit an original, "hard copy" application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first served basis. Application packets must include the following documentation: 1. A non-refundable fee of$100,which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Resume for each principal/owner of the business. 3. Copy of the corporate documents for the applying business entity. 4. Copy of City and County Business Licenses (Business Tax Receipt). 5. Copy of executed multi-year commercial lease agreement. 6. Two years of corporate tax returns (for existing businesses only). 7. Two years of personal tax returns for the principal/owners of a new business. 8. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 9. If applicant is an existing business expanding to occupy more than 50% of its current square footage size, verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the BBCRA Board if the tenant is losing their current space due to redevelopment of the site. 10.Completed and signed application (attached). 11.Authorization to perform credit check for the business and each principal/owner of the business (attached). 12.W9 Form and Vendor Application (attached). Approval of Funding Request All required application documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to Initials AP:;44e5� Page 7 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com evaluate whether the applicant is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. In order to request the 6-month extension, the applicant must submit a presentation at the completion of the 12 months of rent reimbursement, outlining how their first year went and requesting the additional 6 months of rent reimbursement. The presentation must be submitted no later than noon two weeks prior to the second Tuesday of the month The BBCRA Board meets on the second Tuesday of each month. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant. Procedures for Reimbursement Monthly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to BBCRA Board approval. A maximum of 12 consecutive monthly rent payments are eligible to be reimbursed to the approved applicant, with the option to request an additional 6 months. Reimbursement will occur on a monthly basis. Following the initial Reimbursement Request, each reimbursement request shall be made within 30 days of the start of the next month. Initials P�44�5 Page 8 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com In order to receive monthly rent reimbursement the grant applicant must submit the following: 1. Written request for reimbursement. 2. Proof of rent payments (i.e., copies of the front and back of cancelled checks for that month's reimbursement or proof of direct deposit). If applicant does not submit its monthly reimbursement request within 30 days following the end of the next month in which applicant is requesting reimbursement, applicant forfeits that month's reimbursement. Discontinuation of Payment The receipt of past payments does not guarantee future payments. The BBCRA retains the right to discontinue rent reimbursement payments at any time at its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the property. Nor shall issuance of a grant result in any obligation on the part of the BBCRA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant or applicant's landlord have been paid in full, or that such entities have paid any subcontractors in full. Applicant's submittal of verification that monthly rental payments have been cleared by the bank warranty is sufficient assurance for the BBCRA to award grant funding. Initials P�G4?15 Page 9 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone:(561)600-9090 www.boyntonbeachcra.com BOYNTO BEAC RA COMMUNITY REDEVELOPMENT APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): Aurora's Mexican Kitchen Current Business Address: 410 E Boynton Beach Blvd Unit C,Boynton Beach, FL 33435 Fed ID . 82-0733692 Business Phone Number: 561.542.7928 Fax: Website: Existing Business: Yes x No Number of years in existence: 4 Time at Current Location: 6 months New Business to Boynton Beach: Yes x No Do you have an executed lease agreement: Yes x No If so, monthly base rent: $2,150 New Business Address: Square footage of current location: 1,300 Square footage of new location: Type of Business: Restaurant Number of Employees: 3 Hours of Operation: M-F 10:00 am-8:00 pm Page 10 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com x/ RA { BEAC COMMUN17Y REDEVELOPMENT AGENCY APPLICANT INFORMATION FFINCIPAVO NER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Aurora Garcia Ramos Date of Birth: 10/20/1970 Email: aurogaram@gmail.com Residential Address: 6285 White Pine Way, Lantana FL 33462 Cell Phone Number: 561.542.7928 2. Principal/Owner Name: Pablo F.del Real Date of Birth: 11/23/1968 Email: pablo@theway.education Residential Address: 6285 White Pine Way, Lantana FL 33462 Cell Phone Number: 561.901.3467 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 11 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com � �Ib �i BOYNTO RA =BEACH REDEVELOPMENTCOMMUNITY AGENCY APPLICANT INFORMATION Are you applying for grant assistant under any other program offered by the BBCRA? Yes X No If yes, what additional programs are you applying for: Commercial Property Improvement Grant Program Are you receiving grant assistance under any other governmental agencies: Yes—No x If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: Mount-Zn nC.Iq_ D +' i hoij tflA L-L-61 Landlord's Mailing Address: 105 E. Palmetto Park Road, Boca Raton, FL 33432 Landlord's Phone Number: 561.368.4674 CERTIFICATION ANIS WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Page 12 of 15 Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com r% 1, ITO '0' t5oyN I =BEACH RA COMMUNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer furthering the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in my application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Page 13 of 15 Rent Reimbursement 100 East Ocean Avenue,4t" Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com BOYNTON ' CPA 8EK COMMUNffY REDE ELOPIMIEWAOENCY APPLICANT INFORMATION APPLICANT SIGNATURES: / Principal/Owner's Signature Date Aurora Garcia Ramos President Printed Name Title 2. r oYs�� u Principal/Owner's Signature Date Pablo F.del Real Vice President Printed Name - Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF BAgiVA, COUNTY OF FAW BEFORE ME,an officer duly authorized by law to administer oaths and take acknowledgements,V±rsonally appeared- mst,-D who is/are personally known , to me or produced as i entification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this a _gy day of o 2 Al y Bonnie Nicklien NOTARY PUBLIC AMyrommission Expires: ° STATE OF FLORIDA Comm#GG10B394 Expires 5/25/2®ge 14 of 15 Rent Reimbursement 100 East Ocean Avenue,4`h Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com BOYNTO : BEAC ' , RA COMMUNITY P.EDEVELOPMENT Y LANLO D INFORMATION LANDLORD NATU ES� blf I Landlord's Signature Date (2N tll Printed Name -� _ Pfd HA a . Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures -Multiple notary pages may be used if signing individually STATE OF -A COUNTY OF BEFORE ME, an officer duly authorized bylaw to administer oaths and take acknowledgements, personally appeared?�l`lULIf b'ffi 1C1 W11k i`1(A6-T, who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this 250Gk day of_ Ryvy t 20 ?—J . NOTARY PUBLIC My Commission Expires: STAGY CARDIA COMOMW#HH 117952 August 5.2425 Page 15 of 15 ref TMyFa�n Rent Reimbursement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com 5/3/2021 PAPA Maps DOROTHYJACKS - -= ---CFA,AAS 5 Palm Bach Co tyP p rty Appraiser A}gririFrfiiL } ir 1 r yak r uc Search by Owner,Address or Parcel , T}� View Property Record r Owners n 1bY •1j i�>!!),II\�SFtb .BOYNTON BEACH "£ PROPERTY HOLDINGS f� r, t Property DetailI#� � I ..,, 410 EBOY NTOP k.4 ;.. BEACH BLVD A )s i Muii BOYNTON BEAC }}i, a..,.t. No. 084345280300 i BOYNTON TOW N ,< 14860 rage J � , Sale Date JAN 2003 105 E PALM ET , r< , MailingPARK RD 1d,...e.; BOCA RATON I ' 33432 4801 Yoe 1100-STORES lipad S So,u= 3078 t. t.t�. Ilk �., Sales Information JAN-2003alesDate Price 342000 y Dist Ave 'sr� _ ---g s li`tl� )}±a°rye s144SS{{sS FEB-1998 150000 { V JUN-1992 100 MAR-1982 140000 �F JAN 1977 47600 ' Appraisals i `s Tax Year 2020 s.. l a "{ F 1k E C)eaan Aue �� "�vr:>a ( i�>r r u,. -� �9r I�I�li�i•s - .,E��eara Jsve,,,. K"'F�' �„ r i https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434528030020050 1/1 ADDENDUM TO COMMERCIAL LEASE DATED OCTOBER 2l,2020 This Addendum to that certain Commercial Lease by and between BOYNTON BEACH PROPERTY HOLDINGS, LLC a Florida limited liability company (hereinafter referred to as -'Lessor") and AURORA'S MEXICAN KITCHEN INC., (hereinafter referred to as"Lessee")dated October 21, 2020 is attached hereto and made a part hereof(hereinafter referred to as"Lease")and this Addendum is entered into this 12th day of April, 2021 by and between BOYNTON BEACH PROPERTY HOLDINGS, LLC a Florida limited liability company (hereinafter referred to as "Lessor") and AURORA'S MEXICAN KITCHEN INC., (hereinafter referred to as "Lessee"). Location of leased space:410 E.Boynton Beach Boulevard, UNIT C,Boynton Beach,Florida 33435 Leased Space:approximately 1,300 sf LESSOR AND LESSEE hereby agree to the following terms and conditions: Paragraph 2 TERM Amended to read: The term ofthi� Lease shall be thirty six(36) months and twelve (12) days commencing on the 20TH day of October, 2020 (the "Commencement Date") and ending on the 31st day of October,2023 as provided in this Lease. Paragraph 3 RENT Rental rate and amounts due is Amended to read: During the Lease term. LESSIF agrees to pay to LESSOR AS FOLLOWS: October 20, 2020-October 31. 2021: Base Rent - $2,150.00 per month plus any applicable sales tax ($139.75)totaling 52,289.75. November 1,2021-October 31,2022:Base Rent-increased by 4%($2.1;0.00. $86.00—$2.236.00)per month plus,$145.34 applicable sales tax totaling 52,381.34. November 1,2022-October 31,2023 Base Rent-increased 410 of the base rent($2,236.00)+$89.44= $2,325.44 per month plus,$151.15 applicable sales tax totaling$2,476.54 Upon execution of this Lease,Lessee shall be required to pay Lessor first month's rent in the total sum of$2,289.75, prorated share$886.32 for October 20,2020-October 31,2020 ($73.86 X 12=$886.32)and$2,289.75 representing last month's rent. Paragraph 7 LESSEE'S TAXES UTILITY AND EXPENSES amended to read: During the Term of this Lease,LESSEE shall pay,before the same shall become delinquent,all personal property taxes, sales taxes, and such other taxes as may be payable by reason of operation of LESSEE's business. All applicable real estate property taxes,regular and special shall be paid by LESSOR. During the Term of this Lease, LESSEE shall pay all charges for all utility charges including but not limited to water, dumpster, electric, gas/gas meter, grease trap quarterly cleaning, pest control including but not limited to rodent control for the benefit of the interior of the Premises and similar services furnished to the Premises for the occupants thereof. In the event, additional water charges are caused by LESSEE(s) neglect to notify LESSOR and/or repair water leakage or properly use interior and or exterior plumbing including but not limited to open spigots, running toilets, and or leaky faucets, Lessee(s) agrees to pay these additional water charges to the LESSOR upon demand_ LESSEE acknowledges that the utility/water bill will be shared 50% proportionately with the next- door tenant occupying UNIT "A" AND UNIT "B" and LESSEE shall additionally pay trash/garbage cans/bins,recycle bins and/or dumpster costs related to Lessee's business use. LESSEE:shall pay his proportionate share of 40%of the electric bill which electric meter is shared with tenant occupying units A and unit B. LESSEE shall be responsible for any costs associated with hooking up a gas meter to the unit and gas usage. Paragraph 39 !DPjION_TQ_EXTEND LEASF is hereby deleted,null and void,and of no further force and effect THIS LEASE ADDENDUM SUPERCEDIES THE ADDENDUaNt DATED MARCH all, 2021 BETWEEN BOYNTON BEACH Pii6PERTY HOLDINGS, LLC a Florida limited liability company, ( Leswr") and AURORA'S MEXICAN KITCHEN INC., (**Lessee") which Addendum Is null and void and of no further force and effect. This Agreement ,may be executed in any nLunber of countcrparu. the signatures for which may be delivered by facsimile or electronicalh..each of which shall be deemad an original,but A)of which together shall constitute one and the same instrument. ALL OTHER LEASE TERMS AND CONDrTIONS OF THE LEASE ARE HEREBY RAT1FIED AND CONFIRIMED AND SKALL REMAIN IN FULL FORCE,AND EFf f,,,CT THRU LEASE RENEWAL PERIODS, THIS AGREEMENT SHALL BE BINDING UPON AND SHALL INURE 10 I'HE BENEFIT OF THE PARI IES, T14EIR SUCCESSORS.ASSIGNS,PERSONAL AGENTS AND REPRESENTATIVES. THIS ADDENDUAI, UPON ITS EXECUTION BY THE LESSOR AND LESSEE, HERF\kIrH is N-IADF AN INTEGRAL PAR r OF THE AFOREMENTIONED LASE AND ALL (YrHf--,R TERM s AND CONDITONS, NOT INCONSISTrNT HEREWITH, ARE RATIFIED AND APPROVED AND SHALL RFMAIN IN FULL 17ORCE AND rurr-cr TI IRU LEASE RENLWAL PERIOD LESSOR: BOYN NB ACTT PROPER I"4 torint narrr d H0 INGS, "L a arida I it Iiabih 1pan, Y— wit4nB.D'Almeida managing lMember -LL - AURORAS MEXICAN KI;, CHEN INC *1 —L �/;, / 2 WITNESSED: LESSEE: Wimm Alt PABLO LIFT.PFAL date t (print nwo*v Vice President witne", (print flume) WITNESSED- k LESSEF:-, witness AURORA GARCIA RAMOS date 41 rE,C- _(print manse j President witlIC4 0,�i' ADDENDUM TO COINT.NIERCM L LEASE DATED OCTOBER 21,2020 This Addendum to that certain Commercial Lease by and between BOYNTON BEACH PROPERTY HOLDINGS, LLC a Florida limited liability company (hereinafter referred to as "Lessor") and AURORA'S MEXICAN KITCHEN INC.,(hereinafter referred to as"Lessee")dated October 21,2020 is attached hereto and made a part hereof(hereinafter referred to as "Lease") and this Addendum is entered into this 30th day of March, 2021 by and between BOYNTON BEAC1l PROPERTY HOLDINGS, LLC a Florida limited liability company (hereinafter referred to as "Lessor") and AURORA'S MEXICAN KITCHEN INC.,(hereinafter referred to as"Lessee"). Location of leased space:410 E.Boynton Beach Boulevard,UNIT C,Boynton Beach,Florida 33435 Leased Space:approximately 1,300 sf LESSOR AND LESSEE hereby agree to the following terms and conditions: Paragraph 2 TERM Amended to read: The Term of this Lease shall be twenty four(24)months and twelve(12)days commencing on the 20TH day of October, 2020(the "Commencement Date")and ending on the 31 st day of October,2022 as provided in this Lease. Paragraph 3 RENT Amended to read: During the Lease term, LESSEE agrees to pay to LESSOR AS FOLLOWS: October 20, 2020-October 31, 2021: Base Rent - $2,150.00 per month plus any applicable sales tax($139.75)totaling$2,289.75. November 1,2021-October 31,2022:Base Rent-increased by 4%($2,150.00+$86.00= $2,236.00)per month plus,$145.34 applicable sales tax totaling$2,381.34. Upon execution of this Lease,Lessee shall be required to pay Lessor first month's rent in the total sum of $2,289.75, prorated share $886.32 for October 20, 2020-October 31, 2020($73.86 X 12= $886.32) and $2,289.75 representing last month's rent. Paragraph 39 OPTION TO EXTEND LEASE:Amended to read:LESSEE,shall have the right ("Option"),to be exercised as provided for in this Article,to renew this Lease for one(1)year option(the "Renewal Term")commencing upon the expiration of the initial Lease Term provided for herein. The Rent during the first year of the Renewal Term beginning November 1,20 October 31,20;2-2 shall be increased 4%of the base rent($2,236.00)+$89.44=$2,325.44 per month plus,$151.15 applicable sales tax totaling$2,476.59 a. The Option to extend the Term of the Lease for the Renewal Term (subject to all the terms and conditions of the Lease)may be exercised only if no uncured default exists under any of the terms of this Lease when the Option becomes exercisable. In addition,if LESSEE has been in default under this Lease beyond any applicable notice and cure period and if any payment of Rent is not received by the LESSOR within five(5)days of its due date more than two(2)times during the Lease Term,no Option for a Renewal Term may be exercised. b. The Renewal Term shall be on the same terms,covenants and conditions provided for in this Lease,except there shall be no privilege to renew the Term of this Lease for any period of time after the expiration of the Renewal Term,unless LESSOR and LESSEE otherwise agree in writing to any additional Renewal Term. c. The Option to extend the Lease for the Renewal Term shall be exercised in the following manner: i. At least ninety(90)days prior to the expiration of the initial Term,LESSEE shall notify LESSOR in writing of its election to exercise the Option to extend the Lease for the Renewal Term;and ii. Upon the giving of the notice set forth in itern(i.)above,the Term of the Lease shall be deemed to be renewed for the Renewal Term upon the terms provided above without the execution of a further lease or instrument. ALL OTHER LEASE TERMS AND CONDITIONS OF TIIE LEASE ARE HEREBY RATIFIED AND CONFIRMED AND SHALL REMAIN IN FULL FORCE AND EFFECT THRU LEASE RENEWAL PERIODS. THIS AGREEMENT SHALL BE BINDING UPON AND SHALL INURE TO TIIE BENEFIT OF THE PARTIES,THEIR SUCCESSORS,ASSIGNS,PERSONAL AGENTS AND REPRESENTATIVES, THIS ADDENDUM, UPON ITS EXECUTION BY THE LESSOR AND LESSEE, HEREWITH IS MADE AN INTEGRAL PART OF THE AFOREMENTIONED LEASE AND ALL OTHER TERMS AND CONDITONS, NOT INCONSISTENT HEREWITH, ARE RATIFIED AND APPROVED AND SHALL REMAIN IN FU...,L FORCE AND EFFECT THRU LEASE RENEWAL PERIODS. WI LESSOR: BO TO EAC PROPERTY Witness �tarintname) LDIN S LC. Florida ed liabili o _ BY Witness `e sprint name) D'A i a, anaging Member date AURORA'S MEXICAN KITCHEN,INC. WITNESSED: LESSEE: -r , dx r"I�ze- Witness _ PABLO DEL REAL date lani ( (print name) Vice President Witness f - a L, ` (print name) �C(:v G�% .WITNESSED: LESSEE: Uy'E`�L wca4". r�3/.30120 Z/ �Whitnes� _ AURORA GARCIA RA-MOS date IQnL (print name) President Witness (print name) COMMERCIAL LEASE Del Real 410C 10-21-20 This Lease Agreement is made and entered into as of this 21't day of October, 2020,by and between Boynton Beach Property Holdings, LLC, a Florida limited liability company located at 105 East Palmetto Park Road, Boca Raton, FL 33432, hereinafter "LESSOR" and AURORA'S MEXICAN KITCHEN, INC., whose address is 410 E. Boynton Beach Blvd, Unit C,Boynton Beach,FL 33435 hereinafter"LESSEE". LESSEE hereby offers to lease from LESSOR the premises situated in the City of Boynton Beach, Florida, County of Palm Beach, State of Florida, described as 410 East Boynton Beach Boulevard, Unit C, Boynton each, FL 33435, together with all buildings, improvements and appurtenances located thereabout, thereon or therein. 1. DEMISE LESSOR, for and in consideration of the rents hereinafter reserved, and the terms, conditions, covenants and provisions contained in this Lease, hereby leases to LESSEE, and the LESSEE hereby takes and hires from the LESSOR, subject to the terms and conditions contained in this Lease, the Premises, together with any and all rights, privileges, and easements benefitting,belonging or pertaining thereto. 2. TERM The Term of this Lease shall be one year and twelve (12) days commencing ;1-1 day on the 20 day of October, 2020 (the "Commencement Date") and ending on the 31st day of October,2021,as provided in this Lease. 3. RENT During the Lease term, LESSEE agrees to pay to LESSOR: Year One: Base Rent-$2,150.00 per month plus any applicable sales tax($139.75) Upon execution of this Lease, Lessee shall be required to pay Lessor first month's rent in the total sum of$2,289.75, prorated share $886.32 for October 20, 2020-October 31, 2020 ($73.86 X 12=$886.32) and $2,289.75 representing last month's rent. All Rent required under this Lease shall be payable to the LESSOR at the address set forth herein on th e first day of each month. LESSEE shall pay to LESSOR a late fee equal to ten percent (10%) of the outstanding balance due LESSOR for each rental payment not received by the LESSOR within five (5) days of its due date and a late charge of$50.00 per day for each day hereafter that rent is not received. LESSEE will pay all Rent required under this Lease via monthly ACH Auto Debit transfer to LESSOR'S bank account as follows: Legacy Bank 2300 Glades Road Boca Raton,FL 33431 ABA Bank routing number: #067015999 Account name: Boynton Beach Property Holdings, LLC Account number: #0030005805 In the event any check is returned because of insufficient funds or otherwise that have been submitted to LESSOR for the payment of Rent or other payments due under this Lease, then the check(s) shall be immediately replaced by LESSEE with a cashier's check from a bank in Palm Beach County, Florida or other location where LESSEE has a corporate bank account, and in addition to any late payment penalty provided above, there shall be an additional charge of$100.00 for inconvenience caused to LESSOR for handling the returned check There will be a $100.00 charge for any valid notice letter required under this Lease. Lessee is also responsible for any incurred attorney's fees and costs. 4. RULES AND REGULATIONS LESSEE, at its own cost and expense, shall properly observe and comply with all present and future laws, ordinances, codes, requirements, orders, directives, rules and regulations of all governmental authorities affecting the LESSEE's use of the Premises, including but not limited to making non-structural modifications to the Premises to comply with any state or federal laws or regulations affecting the accessibility of the Premises for disabled persons. 5. RISK OF LOSS All personal property placed or moved into the Premises shall be at the risk of LESSEE or of the owner of such property, and LESSOR shall not be liable for any damage to said personal property, or to LESSEE, arising from the bursting or leaking of water pipes, or from any act of negligence of any co-LESSEE or occupants of the building, or of any other person whomsoever. It is further agreed that LESSOR shall not be liable for any damage or injury by water which may be sustained by LESSEE or other person, or for any other damage or injury resulting from the carelessness, negligence or improper conduct on the part of any person whomsoever, or by reason of the breakage, leakage or obstruction of the water, sewer or soil pipes, or other leakage in or about said building. 6. SECURITY Upon execution of this Lease, LESSEE shall deposit$2,150.00 dollars with LESSOR representing a security deposit that LESSOR is to retain as security for the faithful performance of all the terms and conditions of this Lease. LESSOR shall not be obligated to apply the security deposit on rents or other charges in arrears, or in damages for failure to perform the terms and conditions of this Lease. Application of the security deposit to the arrears of Rent payments or damages shall be at the sole option of the LESSOR, and the right to possession of the Premises by the LESSOR for non-payment of Rent or for any other reason shall not in any event be affected by the security deposit. The security deposit is to be returned to LESSEE when this Lease is terminated, according to the terms of this Lease, if not otherwise applied by reason of any breach of the terms and conditions of this Lease by LESSEE. LESSEE expressly acknowledges that LESSEE shall not have the right to apply the security deposit to Rent. In no event is the security deposit to be returned until LESSEE has vacated the Premises and delivered possession to the LESSOR. In the event the LESSOR repossesses the Premises because of the default of the LESSEE or because of the failure by the LESSEE to carry out the terms and conditions of this Lease, LESSOR may apply the security deposit to all damages suffered as of the day of repossession and may retain the balance of the security deposit as is applied to repair damages that may accrue or be suffered thereafter by reason of a default or breach of the LESSEE. LESSOR shall not be obligated to hold the security deposit in a separate fund, but may mix the security deposit with other funds of the LESSOR, and LESSOR shall not be obligated to pay interest to LESSEE on the security deposit or advanced rental. As further security for the faithful performance of the terms and conditions of this Lease, LESSEE hereby pledges and assigns to LESSOR all of the furniture, fixtures, goods and chattels of LESSEE, which shall or may be brought or put on said Premises, and the LESSEE agrees that said lien may be enforced by distress, foreclosure or other process of law at the election of LESSOR, and LESSEE agrees to pay reasonable attorneys' fees, together with all costs and charges incurred or paid by the LESSOR by reason of LESSEE's failure to perform any of the terms and conditions of this Lease,which sums shall bear interest at the highest rate permitted by law. 7. LESSEE'S TAXES, UTILITY AND EXPENSES. During the Tenn of this Lease, LESSEE shall pay, before the same shall become delinquent, all personal property taxes, sales taxes, and such other taxes as may be payable by reason of operation of LESSEE's business. All applicable real estate property taxes,regular and special shall be paid by LESSOR. During the Tenn of this Lease, LESSEE shall pay all charges for all utility charges including but not limited to water, dumpster, electric, gas/gas meter, grease trap quarterly cleaning, pest control including but not limited to rodent control for the benefit of the interior of the Premises and similar services furnished to the Premises for the occupants thereof. In the event, additional water charges are caused by LESSEE(s) neglect to notify LESSOR and/or repair water leakage or properly use interior and/or exterior plumbing including but not limited to open spigots, running toilets, and/or leaky faucets, Lessee(s) agrees to pay these additional water charges to the LESSOR upon demand. LESSEE acknowledges that the water bill will be shared proportionately with the next-door tenant occupying UNIT "A"AND UNIT "B". LESSEE shall be responsible for any costs associated with hooking up a gas meter to the unit. 8. USE OF PREMISES. The Premises shall be used for the operation of restaurant serving Mexican food and retail specialty handcrafted items and no other purposes whatsoever. LESSOR agrees that LESSEE may have no more than twice a week 3-hour cooking classes held weekdays after 6:00pand/or on weekends. LESSEE agrees that parking for such classes will not exceed 12 vehicles and customer parking will not to interfere with parking for neighboring business operations. LESSOR agrees to allow parking at NE Third Street Plaza, located behind the Premises, for these class events provided that they will not interfere with current NE Third St. Plaza tenant parking and their business operations. There shall be neither overnight parking nor any storage on the exterior of the premises. The Premises shall be at all times properly licensed and operated as set forth above. LESSEE recognizes that is it important to LESSOR to keep the use of the subject Premises as set forth herein; accordingly, any change or termination of the use of the Premises shall be considered a default under the Lease and LESSOR shall be entitled to all remedies as provided for herein. LESSEE acknowledges that LESSOR has made no representation to LESSEE as to LESSEE's use of the Premises and LESSEE confirms and acknowledges that LESSEE has made its own investigation concerning LESSEE's use of the Premises and LESSEE is satisfied with same and accepts the Premises for LESSEE's use"AS IS, WHERE IS". LESSEE shall not use or occupy, nor permit or suffer the Premises, the Property, or any part thereof to be used or occupied for any unlawful or illegal business, use or purpose, nor in any way in violation of any present or future governmental laws, ordinances, requirements, orders, directives, rules or regulations. In addition, in no event shall LESSEE use the Premises for any entertainment of any kind, be it live, videotape or otherwise. 9. ACCESS TO THE PREMISES During all reasonable hours, LESSOR or LESSOR's agents shall have the right, but not the obligation, to enter upon the Premises to examine same, to exhibit the Premises to prospective lessees and during the last 180 days of the term of this Lease or any renewal thereof, to exhibit the Premises to prospective LESSEES, and to make such repairs as may be required of the LESSOR under the terms of this Lease. LESSOR agrees not to unreasonably interfere with the operation of LESSEE's business. LESSOR shall have the right to post a "For Rent" sign the maximum size of 4' X 5' which will be displayed on the store front window during the last one hundred eighty (180) days of the term of the Lease or any renewal thereof. 10. _REPAIRS. LESSOR shall be responsible for the maintenance and repair of the exterior of the building including roof, structural, exterior landscaping and parking lot only. Upon LESSEE taking possession and acknowledging that the Premises are in good condition and that all fixtures, equipment and appurtenances are in good working order, and agrees to maintain the Premises in the same condition, order and repair as they are at the commencement of this Lease, and agrees to make all repairs and replacements in and about the Premises necessary to preserve them in good order and condition, which repairs and replacements made by LESSEE shall be performed by licensed and insured workmen in equal quality and class to the original work. LESSEE shall promptly pay the expense of any such repairs and/or replacements. LESSEE further agrees to repair, replace and maintain in good and safe condition, including plate glass window, electrical, wiring, plumbing and any other equipment upon the demised premises and shall surrender the same, at termination hereof, in good condition, normal wear and tear excepted. LESSEE further agrees to maintain a heating/air-conditioning service contract designated by the LESSOR, at LESSEE's expense and to repair, clean, and maintain all heating/air- conditioning equipment including but not limited to necessary coil cleaning. In the event, LESSEE maintains heating/air-conditioning equipment as agreed and provide proof of same, LESSOR shall replace heating/air-conditioning equipment if necessary. LESSEE shall provide advanced written notification to LESSOR of any repairs or replacements of any mechanical equipment. LESSEE shall give written notice to LESSOR prior to making any repairs and/or remodeling of any kind or nature. In the event LESSEE fails to maintain and/or repair the demised premises, as required herein, LESSOR may conduct such maintenance and/or repair as it deems appropriate and recover such costs from LESSEE within ten (10) days of presenting written documentation of such repair and/or maintenance costs. LESSEE is responsible for all maintenance, repair and replacement of all exit signs and fire extinguishers. 11. RENOVATIONS/ALTERATIONS BY LESSEE LESSEE shall not, without first obtaining the written consent of the LESSOR, which consent may be withheld in LESSOR's sole and absolute discretion, make any alterations, additions or improvements to the interior or exterior of the Premises and about the Premises, including but not limited to installing flooring, applying any material whatsoever to the ceiling, doors, and walls, installing equipment, putting holes in the building walls, roof, and/or ceiling. LESSEE shall not, without first obtaining the written consent of the LESSOR, which shall not be unreasonably withheld, make any alterations, additions or improvements to the interior or exterior of the Premises and about the Premises, including but not limited to installing and/or removing any flooring, partitions, interior or exterior lighting, equipment or applying any material/stucco or paint, or tinting whatsoever to the ceiling, doors, windows, glass, walls, or putting holes in the building interior or exterior walls, roof, and ceiling. LESSEE shall not drill holes, alter or attach anything to the framing of the doors and windows located on the Premises. In the event, LESSEE contemplates a possible renovation to interior of the leased premises. LESSEE shall not, without first obtaining the written consent of LESSOR, make any alterations, additions or improvements in, to or about the Leased premises. All work performed on the leased premises shall be done by a licensed general contractor with insurance reasonably acceptable to LESSOR, which insurance shall name LESSOR as an additional insured. Each such contractor shall produce an insurance certificate naming LESSOR as an additional insured during any renovation. All renovation work shall be properly permitted with the City of Boynton Beach and shall comply with all City, County, State and Federal governmental laws, ordinances, requirements, orders, directives, rules or regulations. In the event that LESSEE abandons the renovation project or fails to complete same for any reason whatsoever, LESSOR may, at its option, complete the renovation project and LESSEE shall be responsible to LESSOR for any and all costs and expenses incurred by LESSOR in completing the project. LESSEE shall be required to restore both the interior of the leased Premises to the same condition existing at the time of execution of this Lease, including but not limited to repair and replacing any wall openings,wall holes or partitions that were removed or altered in any way by the LESSEE. Additionally, LESSEE shall not place any items on the exterior of the Premises including but not limited to; exterior decorative lighting, fixtures, gas grills, tables, chairs, umbrellas, canopies, awnings, signs, pots, equipment, decorations, flags, or carts without prior written consent of LESSOR. Any violation of these provisions shall constitute an automatic event of default and LESSEE'S rights under this Lease shall, at the option of the LESSOR, be immediately terminated. (Lessee's initials) 12. INSURANCE During the term of this Lease, the LESSEE shall carry and pay for liability insurance, including insurance satisfactory to Lessor, issued or endorsed to insure the LESSOR and any mortgagees from and against any and all claims, suits, actions, damages and/or causes of action arising during the term of this Lease for any personal injury, loss of life and/or damage to property sustained in and about the Premises, by reason of or as a result of LESSEE's occupancy of, and from and against any order, judgments and/or decrees which may be entered thereon, and from and against all costs, attorneys' fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof, for an amount not less than One Million Dollars ($1,000,000.00) for bodily injury and public liability; and not less than one hundred percent (100%) replacement cost for property damage as determined by LESSOR's insurer including fire, wind and extended insurance coverage. LESSEE shall also carry and pay for Glass Insurance and Business Interruption Insurance in amounts satisfactory to LESSOR and name LESSOR as additional insured. In addition, LESSEE shall carry and pay for replacement cost, fire, windstorm and extended coverage insurance, to cover the cost of repair or replacement of LESSEE's leasehold improvements. Such insurance shall name the LESSOR and any mortgagees as an additional insured as the LESSOR's and any mortgagee's interests may appear. The insurance policy shall be issued by an insurance company satisfactory to the LESSOR. The LESSEE shall deliver to the LESSOR these insurance policies or copies or certificates thereof immediately upon commencement of the Lease and annually thereafter, upon renewal of the policies, to assure the LESSOR and any mortgagees that the coverage afforded by the policies is being maintained continuously by the LESSEE and that the premiums therefor had been paid by the LESSEE. LESSEE shall also immediately deliver to the LESSOR any notices of termination of insurance coverage. LESSEE shall cause its insurer(s) to provide LESSOR thirty day's written advance notice of any cancellation of coverage. 13. SUBORDINATION This Lease shall be subject and subordinate to any mortgage that now encumbers or affects the Property or that the LESSOR or any subsequent owners of the Property, may hereafter at any time elect to place on the Premises, including but not limited to a purchase money mortgage which may be held by LESSOR as a seller, and to all advances, extensions, or modifications already made or that may be hereafter made on account of any such mortgage, to the full extent of the principal sum secured thereby and issued thereon. Furthermore, LESSEE shall, upon request, execute any paper or papers that LESSOR's counsel may deem necessary to accomplish such subordination of LESSEE's interest in this Lease, in default of which LESSOR is hereby appointed as LESSEE's attorney-in-fact to execute such paper or papers in the name of LESSEE and as the act and deed of LESSEE, and this authority is hereby declared to be coupled with an interest and irrevocable. 14. ASSIGNMENT AND SUBLEASING LESSEE shall not assign this Lease, or otherwise transfer any interest in this Lease, without the prior written consent of the LESSOR, which consent may be withheld by LESSOR in LESSOR's sole and absolute discretion. No consent to an assignment or sublease shall release LESSEE or any Guarantor from any obligations under this Lease. If LESSEE is a corporation, a transfer of more than 25% of the stock of said LESSEE corporation shall be deemed an assignment for purposes of this Lease. LESSEE shall not sublet portions of the Premises without LESSOR's prior written consent, which shall be in LESSOR's sole and absolute discretion. It is the intention of the LESSOR to prohibit LESSEE from competing with LESSOR in the renting of space in the Property; therefore in the event of any sublease hereunder, LESSOR shall be entitled to receive, in addition to any and all rent otherwise required under this Lease, one hundred (100%) percent of any amount paid to LESSEE, by a sub-LESSEE, above the Rent payable by LESSEE to LESSOR pursuant to this Lease. If a sublease is permitted by LESSOR, LESSEE agrees to furnish LESSOR with a photostatic copy of each sublease made for space in the Premises. LESSEE shall not hypothecate, transfer, pledge or otherwise encumber this Lease or LESSEE's right hereunder nor shall LESSEE permit any such encumbrance. Any attempt at assignment, sublease, pledge, transfer or encumbrance of this Lease without the prior written consent of LESSOR shall be null and void, and a default under this Lease. LESSEE shall and does hereby indemnify and agree to hold LESSOR harmless from any and all liabilities, claims, and causes of action arising under any terms and conditions of this Lease and every sublease, license or concession agreement, unless such liabilities, claims and causes of action arise by reason of a default or breach by LESSOR, or the gross negligent conduct or activity of LESSOR, its agents or employees, under this Lease. If all or any part of the Premises shall be sublet or occupied by anyone other than LESSEE, LESSOR may, after default by LESSEE, collect subrent from any and all subLESSEEs or occupants, and apply the net amount collected to the net annual rent reserved herein, but no such collection shall be, or be deemed to be, a waiver of any agreement, term, covenant or condition of this Lease or the acceptance by LESSOR of any subLESSEE or occupant as LESSEE, or a release of LESSEE from performance by LESSEE of its obligations under this Lease. To secure the prompt and full payment by LESSEE of All Rent in this Lease reserved and the faithful performance by LESSEE of all the other terms and conditions herein contained on its part to be kept and performed, LESSEE hereby assigns, transfers and sets over unto LESSOR, subject to the conditions hereinafter set forth, all of LESSEE's right, title and interest in and to all subleases that may hereafter be made and in and to all concession agreements hereafter made affecting any part of the Premises. 15. INDEMNIFICATION OF LESSOR. In addition to any other indemnities to LESSOR specifically provided in this Lease, LESSEE shall indemnify and save harmless LESSOR against and from all liabilities, liens, suits, obligations, fines, damages, penalties, claims, costs, charges and expenses, including reasonable architects' and attorneys' fees by or on behalf of any person which may be imposed upon or incurred by or asserted against LESSOR by reason of the use and/or occupancy of the Premises or any part thereof, or any surrounding areas, by LESSEE or LESSEE's agents, contractors, servants, employees, licensees or invitees during the term of this Lease. This indemnification shall specifically extend to but shall not be limited to loss or damage arising out of environmental hazards or contamination. The provisions of this Article and the provisions of all other indemnity provisions elsewhere contained in this Lease shall survive the expiration or earlier termination of this Lease for events occurring prior to such expiration or termination. LESSOR shall not in any event whatsoever be liable for any injury or damage to any personal property or to any person happening on, in or about the building being leased, whether belonging to LESSEE or any other person, caused by any fire, breakage, leakage, defect or bad condition in any part or portion of the Premises, howsoever caused unless such injury or damage is caused by the gross negligence of the LESSOR, its agents or employees, or a breach or default by LESSOR of its obligations under this Lease. LESSEE shall, at its own cost and expense, if requested by LESSOR, defend any and all suits or actions Oust or unjust) which may be brought against LESSOR or in which LESSOR may be impleaded with others upon any such above-mentioned matters, claim or claims. In such event, LESSOR agrees to cooperate and assist LESSEE and LESSEE's counsel in providing documentation, plans, specifications and any other agreements or documents which may be reasonably required by LESSEE and/or LESSEE's agent in order to defend such suit or actions. In addition to the foregoing, LESSEE shall pay to the LESSOR all costs and expenses, including reasonable attorneys' fees (including costs, expenses and attorneys' fees in any appellate proceedings), incurred by LESSOR in any action or proceeding to which LESSOR may be made a party by reason of any act or omission of the LESSEE. 16. RESTRICTION AGAINST CONSTRUCTION LIEN Neither LESSEE nor anyone claiming by, through or under LESSEE, shall have any right to file or place any lien of any kind or character whatsoever on the property and notice is hereby given that no contractor, subcontractor, or anyone else that may furnish any material, service or labor to the property at any time shall be or become entitled to any lien thereon whatsoever. For the further security of LESSOR, LESSEE shall give actual notice of this restriction in advance to any and all contractors, subcontractors, or other persons, firms, or corporations that may furnish any such material, service, or labor. LESSOR shall have the right to record a notice of this provision in the Public Records of the County in which Premises is located. If such lien is filed against LESSOR's interest on the Property, LESSEE shall cause such lien to be released of record or bonded off within fifteen (15) days of LESSEE's knowledge of such lien. 17. CONDEMNATION a. If at any time during the term of this Lease, the whole or materially all of the Premises shall be taken for any public or quasi-public purpose by any lawful power or authority by the exercise of the right of condemnation or eminent domain or by agreement between LESSOR, LESSEE and those authorized to exercise such right, this Lease, the term hereby granted, any rights of renewal hereof and any renewal terms hereof, shall terminate and expire on the date of such taking and the rent and other sum or sums of money and other charges herein reserved and provided to be paid by the LESSEE shall be apportioned and paid to the date of such taking. b. The term "materially all of the Premises" shall be deemed to mean such portion of the Premises, as when so taken, would leave remaining a balance of the Premises which, due either to the area so taken or the location of the part so taken in relation to the part not so taken, would not allow the LESSEE to continue its business operations, or would not under economic conditions, zoning laws or building regulations then existing or prevailing, readily accommodate a new building or buildings of a nature similar to the building or buildings existing upon the Land at the date of such taking and of floor area sufficient, together with buildings not taken in the condemnation, to operate LESSEE's business, taking into account all reasonable parking requirements. C. For the purpose of this Article, the Premises or part thereof, as the case may be, shall be deemed to have been taken or condemned on the date on which actual possession of the Premises or a part thereof, as the case may be, is acquired by any lawful power or authority or the date on which title vests therein, whichever is earlier. d. It is further understood and agreed that if at any time during the Term of this Lease the Premises or the Property or the improvements or buildings located thereon, or any portion thereof, be taken or appropriated, or condemned by reason of eminent domain, the entire award shall be the property of the LESSOR and in no event shall LESSEE receive any portion of any award made to LESSOR. LESSEE shall have the right to make a separate claim for its own damages. e. In the event less than materially all of the Premises shall be taken by governmental authority, then: 1. If the portion so taken does not affect the operation of LESSEE's business, then this Lease shall continue in full force and effect. 2. In the event the portion of the Premises are taken so that LESSEE is able to continue to operate its business, but the operation of such business is reduced by reason of such taking, then the Base Rent shall be reduced proportionately by the same percentage as the square footage of the Premises which have been taken by governmental authority bears to the total square footage of the Premises prior to such taking. 18. DESTRUCTION OF PREMISES a. In the event the entire Premises or materially all of the Premises are destroyed by fire or other casualty, LESSOR shall have the option of terminating this Lease or of rebuilding the Premises and shall give written notice of such election to the LESSEE within thirty (30) days after the date of such casualty. In the event LESSOR elects to rebuild the Premises,the Premises shall be restored to its former condition within a reasonable time, during which the rent due from LESSEE to LESSOR hereunder shall abate. In the event LESSOR elects to terminate this Lease, Rent shall be paid only to the date of such casualty, and the term of this Lease shall expire as of the date of such casualty and shall be of no further force and effect and LESSOR shall be entitled to sole possession of the Premises. b. The term "materially all of the Premises" shall be deemed to mean such portion of the Premises, as when so destroyed, would leave remaining a balance of the Premises which due to the amount of area destroyed or the location of the part so destroyed in relation to the part left undamaged would not allow the LESSEE to continue its business operations. C. In the event of a partial destruction which is not materially all of the Premises, the Base Rent shall proportionately abate based upon the square footage of the Premises remaining undamaged and LESSOR shall repair the damage. d. Notwithstanding the foregoing, if the damage or destruction is as a result of the action or inaction of LESSEE or LESSEE's employees, or agents, invitees, or as a result of LESSEE not fulfilling all of its obligations under this Lease, no Rent shall abate and LESSEE shall make all necessary repairs. 19. QUIET ENJOYMENT LESSEE, upon paying the Rent and all other sums and charges to be paid by it as herein provided, and observing and keeping all covenants, warranties, agreements and conditions of this Lease on its part to be kept, shall quietly have and enjoy the Premises during the term of this Lease, without hindrance or molestation by LESSOR. 20. DEFAULTS Each of the following events shall be an "Event of Default" hereunder: a. Failure of LESSEE to pay any installment of Rent or any part thereof, or any other payments of money, costs or expenses herein agreed to be paid by LESSEE„ when due. b. Failure to observe or perform on one or more of the other terms, conditions, covenants or agreements of this Lease and the continuance of such failure for a period of fifteen (15) days after written notice by LESSOR specifying such failure (unless such failure requires work to be performed, acts to be done or conditions to be improved, as the case may be, within such fifteen (15) day period, in which case no default shall be deemed to exist so long as LESSEE shall have commenced curing the same within such 15 day period, and shall diligently and continuously prosecute the same to completion). C. If this Lease or the estate of LESSEE hereunder shall be transferred to or assigned to or subleased to or shall pass to any person or party, except in a manner herein permitted. d. If a levy under execution or attachment shall be made against LESSEE or its property and such execution or attachment shall not be vacated or removed by court order, bonding or otherwise within a period of thirty (30) days. e. A rejection of the Lease by a trustee in bankruptcy appointed in connection with the bankruptcy of the LESSEE. f. A failure to vacate the Premises upon termination of the Lease. No payment by LESSEE or receipt by LESSOR of an amount less than the required payment set forth in the Lease, shall be considered as anything other than a partial payment of the amount due. No endorsement or statement to the contrary on any check shall be deemed an accord and satisfaction. LESSOR may accept a partial payment without prejudicing LESSOR's right to recover the balance of such payment which is still due, and without affecting any other remedies available to LESSOR. 21. REMEDIES Upon an "Event of Default" as defined above, LESSOR at its option shall have the following non-exclusive remedies in addition to those provided by law: a. LESSOR may treat the Lease as terminated whereupon the right of LESSEE to the possession of the Premises shall immediately terminate, and the mere retention or possession thereafter by LESSEE shall constitute a forcible detainer. b. LESSOR may terminate LESSEE's right of possession, without the termination of this Lease, in which event LESSOR shall have the right to relet the Premises as the agent for the LESSEE and to hold the LESSEE responsible for any deficiency between the amount of Rent realized from such reletting, including but not limited to renovation and repair expenses, Brokerage Expenses, and the amount which would have been payable by LESSEE under the terms of this Lease. No re-entry or repossession by the LESSOR shall serve to terminate this Lease, unless the LESSOR so elects in writing, nor shall it release LESSEE from any liability for the payment of any Rent stipulated to be paid pursuant to this Lease or for the performance or fulfillment of any other term or condition provided herein. C. LESSOR may declare all the installments of Rent for the whole term of this Lease to be immediately due and payable at once without further demand, in which event all sums payable to the LESSOR shall bear interest from the date of default at the highest rate permitted by law. d. LESSOR shall have the right to take no immediate action and to hold the LESSEE responsible for the Rent as it becomes due. e. Any Base Rent which was abated or waived by LESSOR shall also be immediately due and payable by LESSEE to LESSOR. f. In the event of a holdover by LESSEE after the termination of this Lease, LESSOR shall have the right to collect double the amount of Base Rent. In addition, LESSEE shall be responsible for any cost or expenses incurred by LESSOR as a result of such holdover, including but not limited to any damage incurred by LESSOR as a result of LESSOR's inability to make the premises available to a new LESSEE. 22. ATTORNEYS' FEES In the event of any litigation arising out of this Lease, the Losing party shall pay to the Prevailing Party all costs and expenses, including reasonable attorneys'fees (including appellate proceedings)which the Prevailing Party may incur. 23. CERTIFICATES Either party shall, without charge, at any time and from time to time hereafter as may be commercially reasonable, within fifteen (15) days after written request of the other, certify by written instrument duly executed and acknowledged to any mortgagee or purchaser, or proposed mortgagee or proposed purchaser, or any other person, firm or corporation specified in such request: a. As to whether this Lease has been supplemented or amended, and if so, the substance and manner of such supplement or amendment; b. As to the validity and force and effect of this Lease, in accordance with its tenor as then constituted; and C. As to any other matters as may reasonably be so requested. Any such certificate may be relied upon by the party requesting it and any other person, firm or corporation to whom the same may be exhibited or delivered, and the contents of such certificate shall be binding on the party executing same. Should any banking institution, savings and loan association or other institutional lender to whom LESSOR is applying for a loan which, if granted, would make such lender a LESSOR's mortgagee, request reasonable modification in this Lease, the effect of which would not make a change in the rental or other economic terms of this Lease or increase LESSEE's expenses or the risk to which LESSEE is exposed, LESSEE agrees that it shall not unreasonably withhold its agreement to such modification. 24. RADON GAS Radon is a naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 25. STORMS LESSEE agrees to exercise reasonable care to protect the Premises and Property in the event a public warning should be issued that the Premises are threatened by a hurricane, tornado or storm of similar magnitude. 26. LESSOR'S RIGHT TO PERFORM LESSEE'S COVENANTS If LESSEE shall at any time fail to make any payments in accordance with the provisions hereof, or to take out, pay for, maintain or deliver any of the insurance policies provided for herein, or shall fail to make any other payment or perform any other act on its part to be made or performed, then LESSOR, after seven (7) days notice to LESSEE (without notice in case of an emergency) and without waiving or releasing LESSEE from any obligation of LESSEE contained in this Lease, may (but under no obligation to): a. Pay any amount payable by LESSEE pursuant to the provisions hereof, or b. Make any other payment or perform any other act on LESSEE's part to be made or performed as in this Lease provided, and may enter upon the Premises for the purpose and take all such action thereon as may be necessary therefor. All sums so paid by LESSOR and all costs and expenses incurred by LESSOR in connection with the performance of any such act, shall bear interest at the highest rate allowed by law. 27. NOTICE Any notice, designation, consent, approval or other communication required or permitted to be given pursuant to the provisions of this Agreement shall be given in writing and shall be sent by registered or certified mail, postage prepaid, return receipt requested, addressed to the addresses set forth on the first page of this Lease. Notice may also be given by hand-delivery. Either party may, by notice given in accordance with the provisions in this section, designate any further or different address to which subsequent notices, designations, consents, approvals or other communications pursuant to the provisions of this Agreement shall be sent. Any notice, designation, consent, approval or other communication shall be deposited in any post office or official depository of the United States Postal Service in the State of Florida. 28. HAZARDOUS MATERIAL LESSEE shall not knowingly cause or permit any hazardous material to be brought upon, kept, or used in or about the Premises by LESSEE, its agents, employees, contractors or invitees. If the Premises are, through LESSEE's fault, contaminated by hazardous materials, then LESSEE shall indemnify, defend and hold LESSOR harmless from any and all claims,judgments, damages, penalties, fines, costs, liabilities or losses (including without limitation, diminution in value or useable space or of any amenity of the Premises), damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorney's fees, consultants fees and expert fees (including any appeals) which arise during the lease term as a result of any such contamination. This indemnification by LESSEE includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean up, remediation, removal or restoration work required by any federal, state or local government agency or political subdivision because of hazardous material present in the soil or ground water on or under the Premises. Without limiting the foregoing, if the presence of any hazardous material on the Premises is detected, LESSEE shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the contamination or introduction of such hazardous material to the Premises; provided, however, that LESSOR's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld, so long as such actions would not potentially have any material adverse effect on the Premises. As used herein, the term hazardous materials means any hazardous or toxic substance, material or waste, which is or becomes regulated by any local government authority, the State of Florida or the United States government. The term "hazardous material" includes, without limitation, any material or substance that is (1) defined as a "hazardous substance" under appropriate state law provisions, (2) petroleum, (3) asbestos, (4) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 USC 1321), (5) defined as a hazardous waste pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, (42 USC 690), (6) defined as a hazardous substance pursuant to Section 10 of the Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9601), or (7) defined as a regulated substance pursuant to Sub-Chapter VIII, Solid Waste Disposal Act (the regulation of underground storage tanks), (42 USC 4991). 29. LESSEE'S BUSINESS None of the provisions of this Lease shall be deemed or construed as reserving to LESSOR any right to exercise any control over the business or operations of LESSEE conducted upon the Premises or to direct in any respect the details or manner in which any such business relationship other than a LESSOR/LESSEE relationship is found. LESSEE is an independent businessperson and neither LESSEE nor any party or parties employed by LESSEE are agents, servants or employees of LESSOR and LESSEE agrees that in LESSEE's dealing with the public, LESSEE will not represent or hold its employees as agents, servants or employees of LESSOR. 30. SIGNS LESSEE shall be responsible for the cost of an outdoor building sign, installation and permit fees/costs. Outdoor building sign must comply with city sign regulations. The outdoor building sign shall be the similar in style, size and color as the other signs and must be approved by the LESSOR in writing prior to city permit and installation. LESSEE shall remove the outdoor building sign, repair holes and paint the area where signed appeared prior to the expiration of Lease at LESSEE's expense. LESSOR allows business signage to be professional installed by a licensed sign company on the plate glass window area only in a designated area. The color, size style and installation to be approved in writing by LESSOR prior to installation. LESSOR allows the establishment's business name/logo to be placed in specific areas on the storefront entrance door glass and plate glass window, which can be removed without damage to the glass. LESSEE agrees to use the sign company designated by the LESSOR for the signage on the storefront entrance glass door and plate glass window. LESSEE agrees not to tint any plate glass windows or entrance doors. Prior to the Lease expiration, Tenant at Tenant's expense agrees to remove all business glass signage. LESSEE shall be responsible for the cost of all signage and signage removal. LESSEE agrees not to place any advertisements, signs, or decorations on the plate glass window and no attachments, curtains, window treatment or any other kind of decoration are to be installed on the windows, window metal frames, doors, or door frames. No attachments and/or signage/lettering of any kind are allowed on the interior or exterior of the rear doors. LESSEE shall not allow/hire or permit any person to hand hold any signage/advertising thing or decoration of any kind whatsoever on or about the Property or adjoining street or sidewalk. 31. PROHIBITED USE: LESSEE acknowledges that it is the intent of LESSOR and the adjoining tenants that the building be occupied and operated by appropriate professional or retail tenants, so as to maintain the professional quality appearance of the Building. In accordance with the foregoing, LESSEE agrees that the premises shall not be used for the following purposes, which following list of purposes is not exhaustive: (i) establishments providing adult- type entertainment or displays of a variety involving or depicting nudity or lewd acts; (ii) a massage parlor; (iv) a facility that sells paraphernalia for use with marijuana or other illicit drugs; (v) a facility for the sale or display of pornographic (as determined by community standards for the area in which the Premises is located) material; (vi) a dance club or discotheque, an establishment selling primarily alcoholic beverages (i.e. bar), a full service sit- down restaurant, off-track betting business, billiard or pool hall, bingo or similar games of chance, game arcade, nightclub or flea market; (vii) any use which involves the raising, breeding or keeping of any animals or poultry; (viii) any illegal., dangerous or unsafe uses; (ix) a drug or alcohol rehabilitation or treatment center; (x) a liquor store; (xi) a laundry mat; (xii) a hair/nail salon ; (xiii) pawn shop; or (xiv) a convenience store (akin to a 7-Eleven, Kwik Stop or other similar establishment) selling alcohol, lottery tickets and the like; or a smoking/vapor lounge. LESSEE shall not allow any noxious odors and/or smoking to occur within the Premises. 32. MISCELLANEOUS The parties further agree as follows: a. The covenants, conditions and agreements contained in this Lease shall bind and inure to the benefit of LESSOR and LESSEE and their respective heirs, successors, administrators, representatives and permitted assigns. b. This Lease and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Florida. C. The rights of the LESSOR under the terms of this Lease shall be cumulative, and failure on the part of LESSOR to exercise promptly any rights given under the terms of this Lease shall not operate to forfeit any of said rights nor shall the same be deemed a waiver of such rights. d. The parties acknowledge that each has had the opportunity to have this Agreement reviewed by counsel and notwithstanding the fact that this Agreement was initially drafted by Arthur B. D'Almeida, P.A., the attorneys for LESSOR, all parties have participated equally in the final wording of this Agreement, and in the event of any dispute regarding the meaning of any of the terms herein, such terms shall not be construed against the LESSOR and/or Arthur B. D'Almeida, P.A. e. This Lease shall not be recorded in the Public Records. f. This Agreement represents the entire understanding between the parties, and supersedes all prior agreements, oral or written, and this Lease Agreement may not be amended except by an instrument in writing signed by the parties hereto. g. The submission of this document for examination does not constitute an option or offer to lease space at the Property. This document shall have no binding effect on the parties unless executed by the LESSOR and the LESSEE and a fully executed copy is delivered to the LESSEE. h. The LESSOR and LESSEE understand and agree that TIME IS OF THE ESSENCE of all of the terms and provisions of this Lease agreement. i. If any term, covenant, condition, or provision of this Lease or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision of persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition, and provision of this Lease shall be valid and be enforced to the fullest extend permitted by law. j. No Judgment shall be taken against any partner, subsidiary, officer, shareholder, director, employee, sister corporation or agent of LESSOR and no Writ of Execution shall be levied against the assets of any partner, subsidiary, officer, shareholder, director, employee, sister corporation or agent of LESSOR. Any liability of LESSOR shall be limited to LESSOR's interest in the Property. k. LESSEE and LESSOR acknowledge and confirm that there are no fixtures, furnishings or equipment located in the Premises that are included in the Lease, the same to be removed by LESSEE utilizing reasonable care and transported to LESSOR's transport facility. 33. BANKRUPTCY Notwithstanding anything herein to the contrary, in the event LESSEE is the subject of any bankruptcy (including reorganization or arrangement proceedings pursuant to any bankruptcy), voluntary or involuntary, then LESSOR shall have the right to terminate this Lease. 34. LIMITATION OF LIABILTIY Notwithstanding any contrary provision of this Lease: (i) Tenant will look solely (to the extent insurance coverage is not applicable or available) to the interest of Landlord (or its successor as Landlord hereunder) in the Building for the satisfaction of any judgment or other judicial process requiring the payment of money as a result of any negligence or breach of this Lease by Landlord or its successor or of Landlord's managing agent (including any beneficial owners, partners, corporations and/or others affiliated or in any way related to Landlord or successor or managing agent) and Landlord has no personal liability hereunder of any kind, and (ii) Tenant's sole right and remedy in any action or proceeding concerning Landlord's reasonableness (where the same is required under this Lease)will be an action for declaratory judgment and/or specific performance. 35. JURY TRIAL WAIVER THE PARTIES HEREBY WAIVE ANY RIGHTS TO A TRIAL BY JURY IN ANY ACTION BASED UPON OR ARISING OUT OF OR IN CONJUNCTION WITH THIS LEASE. 36. TERMINATION OF LEASE: LESSOR AND LESSEE agree that in the event the LESSOR decides to remodel, alter, or demolish all or any part of the Premises leased hereunder, or in the event of the sale, transfer for value by LESSOR herein or long-term lease, of all or any part of the Premises requiring this space, the LESSOR herein, its successors or assigns shall have the option to cancel this Lease and the term hereof by written notice to the LESSEE at least one hundred eighty (180) days prior to the effective date of such cancellation ("Cancellation Date") and this Lease and the term hereof shall end and expire on the Cancellation Date set forth in such notice as if such date were the date originally set forth herein for the end or expiration of this Lease and the term hereunder. LESSEE hereby agrees to vacate the Premises on or before the Cancellation Date, and the LESSOR will return any advance rental paid on account of this Lease, less any monies owed LESSOR. Thereafter, LESSOR shall be relieved of any and all further obligations whatsoever to LESSEE under this Lease. 37. PARKING/STORAGE No overnight or storage parking allowed on Premises. LESSOR has the right to have LESSEE immediately remove any unauthorized vehicle or any vehicle the LESSOR considers inoperative, in disrepair, expired registration, are being stored or of poor appearance. LESSOR shall be sole judge of when a vehicle is in one of these conditions. LESSOR shall not be responsible for any damage to any vehicle on the Premises.No repair or maintenance of any type of any vehicle is to be conducted on the Premises.NO EXTERIOR STORAGE OF ANY KIND WHATSOEVER IS ALLOWED. 38. REAL ESTATE COMMISSION. LESSEE represent that no real estate agency is involved in the leasing of the subject Premises and agrees to hold the LESSOR harmless against any claim made through LESSEE for Broker commissions. 39. OPTION TO EXTEND LEASE. LESSEE, shall have the right ("Option"), to be exercised as provided for in this Article, to renew this Lease for one (I) year option (the "Renewal Term") commencing upon the expiration of the initial Lease Term provided for herein. The Rent during the first year of the Renewal Term shall be increased 4% of the base rent ($2,150.00+ $86.00= $2,236.00) per month plus, $145.34 applicable sales tax totaling $2,381.34. a. The Option to extend the Term of the Lease for the Renewal Term may be exercised only if no uncured default exists under any of the terms of this Lease when the Option becomes exercisable. In addition, if LESSEE has been in default under this Lease beyond any applicable notice and cure period and if any payment of Rent is not received by the LESSOR within five (5) days of its due date more than two (2) times during the Lease Term, no Option for a Renewal Term may be exercised. b. The Renewal Term shall be on the same terms, covenants and conditions provided for in this Lease, except there shall be no privilege to renew the Term of this Lease for any period of time after the expiration of the Renewal Term, unless LESSOR and LESSEE otherwise agree in writing to any additional Renewal Term. C. The Option to extend the Lease for the Renewal Term shall be exercised in the following manner: i. At least ninety (90) days prior to the expiration of the initial Term, LESSEE shall notify LESSOR in writing of its election to exercise the Option to extend the Lease for the Renewal Term; and ii. Upon the giving of the notice set forth in item (i.) above, the Term of the Lease shall be deemed to be renewed for the Renewal Term upon the terms provided above without the execution of a further lease or instrument. 40. LESSOR(S) IMPROVEMENTS: In Lieu of improvements, LESSEE shall receive an improvement allowance valued at $886.32 (12 days X $73.86) which will be credited to the LESSEE for rent due from Lease execution date through October 31, 2020. Landlord's improvement allowance is contingent upon the LESSEE paying the rent during the Term of the Lease on a timely basis as stated in said Lease. Any and all improvements by LESSEE shall be done in compliance with the terms and conditions of this Lease and all applicable governmental laws, codes, ordinances, requirements, directives, rules and regulations. All improvements must be approved by LESSOR(S) in writing prior to commencement. 41. MISC. INTERIOR FIXTURES. LESSEE agrees LESSORS' walk-in refrigerator and 3- compartment sink will remain installed at the Premises and LESSEE agrees repair, maintain, and to keep same in good condition. 42. CONFIDENTIALITY. LESSEE acknowledges and agree that, except as provided in the following sentence, the terms, conditions, provisions, covenants and agreements of this Lease are to remain confidential for LESSOR benefit, and may not be disclosed by LESSEE to anyone, by any manner or means, directly or indirectly, without LESSOR prior written consent. Notwithstanding the preceding sentence to the contrary LESSEE shall have the right to disclose the terms, conditions, provisions, covenants and agreements of this Lease to their respective attorneys, accountants, lenders and any potential assignee of the Lease or subLessee of the Premises. Any violation of this covenant by LESSEE shall be deemed a default under this Lease and subject to any and all remedies at law and equity, including with limitation the termination of the Lease and the eviction from the Premises. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Signatures on the following page WITNESSED: � LESSOR: + BOYN I= PERTY Witr";s (print name) HOL. Cs ', ,INC., a T° rida li d liability Witness w� vw� Drina nama) D'Almei a, date aging Member LESSEE: AURORA'S MEXICAN KI°TCHT.-ivy,IONIC, a Florida corporation WITNESSED: BY:.je, Witnes � gy Pa LO D L E ALto dnt name} Vices President 1A I Witness (print named WI'FN S I Y: Wi ss AURORA date _� t'e Drina name) President Witness ij)rint name) Personal Guaranty The individuals signing this Commercial Lease Agreement for the Lessee,as an inducement to Lessor to enter into this Commercial Lease Agreement,agree to unconditionally guarantee the prompt payment and performance of the•:...Lessee under this Commercial Tease Agreement and to e liable for any amounts due to the Lessor from the Lessee. Aurora Frcftnos�C€a datePablo Del Real � date m 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: May 11, 2021 CONSENT AGENDA AGENDAITEM: 11.G. SUBJECT: Approval of Commercial Property Improvement Grant Program in the Amount of $17,535.98 for Patterson Plaza, LLC Located at 1815 S. Federal Highway SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial costs associated with the construction, repair, and/or rehabilitation of commercial building improvements. The Commercial Property Improvement Grant Program provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. CRA staff has received a complete grant application from Patterson Plaza, LLC located at 1815 S. Federal Highway, Boynton Beach, FL 33435 (see Attachments 1-III). Patterson Plaza, LLC has been a commercial plaza constructed, owned and operated by the Patterson family since 1977. It is currently home to the following commercial businesses: Nutrition Cottage, Metro PCS, Dr. Kehrig Chiropractor, and Joan's Hair Salon. As the commercial property owner, the applicant falls under the terms of a Tier I I business, as outlined in the grant application. The applicant is seeking reimbursement for facade renovations including parking lot paving and striping, exterior paint, decorative fencing, and installation of a security system. The total cost of eligible property improvements is approximately $29,226.63 (see Attachment IV). If approved, the applicant is eligible to receive a maximum grant of $17,535.98 which includes a 20% contingency in reimbursable funds provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: FY2020-2021 Budget Project Fund, Line Item 02-58400-444, $17,535.98 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Property Improvement Grant not to exceed the maximum grant award of $17,535.98 to Patterson Plaza, LLC located at 1815 S. Federal Highway, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Property Improvement Grant Application D Attachment II - Location Map D Attachment III -Warranty Deed D Attachment IV - Project Quotes t BOYNTO I 1�c BEACH ,1� %-.0 W" EMM RA October 1, 2020 — September 30, 2021 COMMUNITYBOYNTON BEACH COMMERICAL PROPERTY IMPROVEMENT GRANTPROGRAM Program Rules and Regulations The Commercial Property Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "BBCRA") Area. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the repair and rehabilitation of buildings or other improvements in accordance with the BBCRA Community Redevelopment Plan. Improvements paid for by the BBCRA must be permanent and stay with the building. The BBCRA reserves the right to approve or deny any Commercial Property Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the BBCRA Area. For purposes of this application, the term "new business" means a company in operation for less than six months or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the BBCRA Area for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The term "project" means the eligible exterior or interior improvement project for which the applicant seeks reimbursement. Initiai� _i_ Page 1 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com The Boynton Beach BBCRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be produced the BBCRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Property Improvement Grant Program offers financial assistance to the landlord or business owner in the form of a reimbursable, matching grant for 50% of eligible expenses, up to $50,000, associated with the construction or renovation of the exterior and interior elements of the commercial operating space. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace_program.php or by contacting the City of Boynton Beach at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Applicants are also encouraged to connect with CareerSource Palm Beach County which is a State organization providing various free programs to assist Palm Beach County businesses. CareerSource Palm Beach County has a dedicated team of career counselors, business coaches and training providers to help area businesses stay competitive through training grants and talent acquisitions and also provide assistance in posting available jobs, recruiting and hiring, and training opportunities. For more information regarding CareerSource Palm Beach County visit their website at careersourcepbc.com or view the attached brochure. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Applicant must be the business entity (or d/b/a) named and the principal owners named on the corporation documents, and must be the landlord or business owner of the company occupying the property to be improved. • Must be located within the BBCRA Area (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). Initials Page 2 of 17 Property Improvement 100 East Ocean Avenue,4t"Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com • Improvements to non-profit and residentially zoned properties are NOT eligible expenses. • Applicant must have an executed multi-year lease with at least two years remaining on the lease at the time of BBCRA Board approval • Proposed leases must be executed within 30 days of BBCRA Board approval or the grant award is terminated. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, as determined in the sole discretion of the BBCRA. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher and have no listed history of bankruptcy to be eligible. If there is more than one business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed as required to work in Boynton Beach and/or Palm Beach County. For any projects valued more than $250,000 (based on the project's construction value as it appears on the Palm Beach County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach), preference will be given to projects that will use contractors with an office in Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a grant application. • Grant funding amounts will be based on the applicant's project budget, specified at the time of the BBCRA Board approval, plus an added 20% contingency funding amount. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Property Improvement Grant Program may only be used one time in any five year period for any one property. Entities hoping to improve properties that were previously improved using a BBCRA improvement grant may apply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding liens, violations or monies owed for utilities, the BBCRA will perform a lien search on the property at a cost of $115.00, which will be deducted from any grant funding awarded to the recipient. Initi*as Page 3 of 17 Property Improvement 100 East Ocean Avenue,4 th Floor, Boynton Beach, FL 33435-Phone: (561) 600-9090 www.boyntonbeachcra.com In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • The property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach, and submit for reimbursement within 180 days of the issuance date of the permit for the project. If BBCRA Board approves grant funding and the work being performed does not require a permit, the Certificate of Completion (or equivalent) and application for reimbursement must be within 180 days of the grant award. Failure to complete the improvements within the specified time frame will result in termination of the grant award. Only one 60 day administrative extension will be permitted, and the BBCRA has the sole and absolute discretion to grant or deny such extension. • Project items completed and paid for by the applicant more than 60 days prior to grant approval by the BBCRA Board are not eligible for reimbursement under the grant program.A complete application must be received within 60 days of payment in order for an expense to be eligible for reimbursement. Once a complete application is received, the application will be placed on the next available agenda for review and potential approval. • BBCRA Board approval of this grant results only in funding. Approval of BBCRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification.Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the BBCRA the rights and use of photos and project application materials. • The BBCRA Board may give preference to local businesses. For purposes of this grant, local business means a duly licensed business entity with an office location in Palm Beach County. Projects and items eligible for funding under this grant program are limited to: • Structural walls • Plumbing • Flooring • Grease trap installation • HVAC system • ADA Improvements • Electrical systems, • Hood Mire • Signage including exterior and suppression . Doors/windows interior lighting Initials Page 4 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com • Landscaping and • Parking lot re-paving, • Patio decks irrigation within the re-sealing, and/or connected to the project site restriping building • Painting • Fencing (excluding • Demolition of structure • Roofing (Not to chain link, barbed wire, and re-sodding of exceed 50% of and wood panels) vacant property total grant award) • Electric vehicle charging • Solar electricity and • Security stations- See attached water heating - See cameras/system' ReNew PACE Eligible attached ReNew PACE (not including Product List Eligible Product List security personnel) Notwithstanding the limitation that grants may only be used once every five years for any one property, previous grant recipients that received less than the maximum amount of grant funding from Commercial Property Improvement Grants or Economic Development Grants are eligible to reapply to receive 50% matching reimbursable funding in an amount not to exceed $3,000 for the installation of new security cameras/systems. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Property Improvement Grant Program: • Massage/Personal Services • Medical Research Centers/Housing • Firearm Sales/Shooting Ranges • Massage/Personal Services • Religion-Affiliated Retail Stores • Churches/places of worships • Non-profit Organizations • Alcohol and/or Drug Rehabilitation • Adult Gambling Arcades Centers/Housing • Check Cashing Stores • Any other use that the BBC RA staff • Adult Entertainment or BBC RA Board determine will not • Vapor/E-Cigarette Stores support the redevelopment of the • CBD Retail Stores BBC RA Area Grant Terms and Conditions This grant is divided into three tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. All vQ Initials. Page 5 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com reimbursement checks from the BBC RA to the successful applicant will be made out to the applicant (the business entity). Grant funding amounts will be based on the applicant's project budget specified at the time of BBC RA Board approval, plus an added 20% for contingency funding. Tier One Business Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBC RA Board approval, up to a maximum amount of $50,000 in grant funding. Tier One Businesses must be one of the following types of business: • Restaurant • Bakery • Gourmet Food Market • Hotels/Motels/Bed and Breakfast Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBC RA Board approval, up to a maximum amount of $25,000 in grant funding. Examples of Tier Two Businesses include, but are not limited to, the following types of businesses: • Home Ddcor/Design - home • Boutiques- clothing, shoes & furnishings, art galleries, kitchen accessories wares • Law Offices • Accounting Offices • Hair/Nail Salons (no more than two • Real Estate Offices approvals per fiscal year) • Marketing Offices • Medical Offices • Fitness Facilities-yoga, dance • Insurance Offices exercise, martial arts, etc. • Take Out Restaurants • Auto Services Facilities - repair, • Tattoo Parlor/Body Piercing/Body storage, sales, etc Art Shop (no more than two • Specialty Retail Businesses - approvals per fiscal year) stationary, gifts, sporting goods 0 Florists (no more than two approvals per fiscal year) Initia Page 6 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com • Other commercial fagade pDly improvements Tier Three Business (no more than two approvals per fiscal year) Tier Three Businesses are subject to BBCRA Board for review and approval. Tier Three Businesses eligible for reimbursement of 50% of the applicant's project budget as specified at the time of BBCRA Board approval, up to a maximum amount of $15,000 in grant funding. Tier Three Businesses must be one of the following types of businesses: • Kava Tea Bar 0 Pawn Shops • Convenience Stores: (Fagade 0 Liquor Store and Security Improvement * Laundry/Dry Cleaner facility only) Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that are the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and • Consequences of default on the lease. Application Process Applications can be obtained from the BBCRA office located at 100 East Ocean Avenue, Boynton Beach, FL 33435 or downloaded from www.boytonbeachcra.com. All applicants are required to meet with BBCRA staff in order to determine eligibility before submitting Initials'l Page 7 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com an application. Applications will not be considered until all required documentation is submitted to the BBCRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the BBCRA Board. Applicants must submit an original, "hard copy" application with all materials to the BBCRA for review and approval by the BBCRA Board. Applicants will be considered on a first-come, first-serve basis. Application packets must include the following documentation: 1. A non-refundable fee of$100, which will be used to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Written detailed project budget describing the improvements to be done to the property. 3. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. It must list all project costs for which the applicant is requesting reimbursement. The project budget must provide a total cost of the project. 4. Signage design, project color chips, material samples and material specifications, if applicable. 5. Copy of building permit receipt/application. If the permit has not been applied for prior to submission of the grant application, a copy of the building permit receipt is due within 90 days of grant approval, or the grant award may be terminated. 6. Resume for each principal/owner of the business. 7. Copy of the corporate documents for the applying business entity. 8. Copy of executed multi-year commercial lease agreement. 9. Copy of Warranty Deed. 10.Two years of corporate tax returns (for existing businesses only). 11.Two years of personal tax returns for the principal/owners of a new business. 12.Copy of design and construction plans associated with the proposed improvements. 13.List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 14.A minimum of four color digital "before" photos of the exterior and interior portions of the project. 15.Completed and signed application (attached). Initials Page 8 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com 16.Authorization to perform credit check for the business and each principal/owner of the business (attached). 17.W9 Form and Vendor Application (attached). 18.City Planning and Development Department Acknowledgement Form (attached). 19.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 18 and 19) must be completed and submitted to the appropriate departments, which are located at City Hall 100 East Ocean Avenue, Building Department, Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All re documentation must be submitted no later than noon two weeks prior to the second Tuesday of the month. BBCRA staff will review the application to evaluate whether the project is eligible for reimbursement. If it meets these requirements, BBCRA staff will present the funding request to the BBCRA Board for review and potential approval. The BBCRA Board meets on the second Tuesday of each month at the Commission Chambers located in City Hall at 100 East Ocean Avenue, Boynton Beach, FL 33435. The schedule for BBCRA Board meetings can be obtained at www.boyntonbeachcra.com. Applicants will be notified of the date and time that their applications will be considered by the BBCRA Board. The BBCRA recommends that applicants attend the BBCRA Board meeting during which the Board will consider their applications in order to answer any questions the BBCRA Board may have regarding their applications. BBCRA staff will notify the applicant of the BBCRA Board's approval or denial in writing. Site Visits BBCRA may conduct a site visit prior to transmitting the application to the BBCRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant. Ini 'als Page 9 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com Procedures for Reimbursement This program is designed as a matching 50% reimbursable grant. All work must be completed and paid for by the applicant prior to the release of BBCRA funds. The BBCRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the BBCRA (3) days prior to the grant expiration date. The BBCRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full." Proposals for "work to be completed" or "bids" are not considered proper documentation. a. Each item must be supported by a cancelled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. 2. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 3. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 4. A minimum of 4 color"after" photos of the project. By submitting for reimbursement, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement that have been used as part of a reimbursement request for any other grant program offered by the BBCRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Property Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. * ki Initials Page 10 of 17 Property Improvement 100 East Ocean Avenue,4`h Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the BBC RA to any third party. The BBCRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible have been paid is sufficient assurance for the BBC RA to award grant funding lnitials� Page 11 of 17 Property Improvement 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 10+ J d OYN Nt t"'i"""""r BEACRCRA APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): Patterson Plaza LLC d/b/a Patterson Plaza Current Business Address: 1815 S. Federal Highway Boynton Beach, FL 33435 Fed ID#: 85-1263012 Business PhoneNumber: 561-704-3286 ell: ' Website: n/a Existing Business: Yes X No Number of years in existence:44 Time at CurrentLocation: 44 years New usiness to Boynton Beach: Yes Nox Do you have an executed lease agreement: Yes o If so, monthly base rent: New sin ss Address (if applicable): /a Square footage of current location. 5240 Squarefootage of new location:n/ Type of Business: commercial property- retail Tier 1 Business: ❑ Tier 2 Business:X1 Tier 3 Business: ❑ (Tier Classification subject o BBCRA BoardApproval) Number of Employees: ours of Operation: /7 a e i4� i 0 f List r rove ants seekin rei re for: i;Ge, raw t ti=. t Re Page 12 of 17 Property Improvement 100 East Ocean Avenue,4t" Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com vu � ytti t " C' BOYNTO IM APPLICANTINFORMATION PRICIPAL/OE INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Ashley Patterson-Webb Date of Birth:March 27, 1984 Email: acpatterson7gmail.com Residential Address: 17800 Taylor Road Jupiter, FL 33478 Cell Phone Number: 561-704-6305 2. Principal/Owner Name: Brittany Patterson Date of Birth:February 25, 1981 Email. britmpattersongmail.com Residential Address: 1220 Homewood Blvd. #202 Delray Beach, FL 33445 Cell Phone Number: 561-704-3286 3. Principal/Owner Name: Catherine Patterson Date of Birth: March 7, 1951 Email: pattersoncatherine45gmail.com Residential Address: 1241 S.W. 27th Place Boynton Beach, FL 33426 Cell Phone Number: 561-301-5056 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistant under any other program offered by the BBCRA? Yes No N If yes, what additional programs are you applying for: Page 13 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com z� BOYNTON' m-mBEACHi`,,CRA CO, UNITY REDEVELOPMENT AGENCY APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes_NoX If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: N/A Landlord's Mailing Address: Landlord's Phone Number: CERTIFICATION AND WAIVER OF PRIVACY: For purposes of this certification and waiver of privacy, the term "I" refers to the applicant and to all signatories below individually. By signing below, each signatory represents and confirms that he or she is authorized to sign on behalf of the applicant(s). I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Property Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I Initial Page 14 of 17 Property Improvement 100 East Ocean Avenue,4`" Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com B To OYN N , Villl�'111)111 -- RA BEACH C' �f APPLICANT INFORMATION understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue grant payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. To the maximum extent possible, I hereby waive my rights to privacy and confidentiality for all matters contained in this application, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the BBCRA to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the BBCRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. Initials `_ Page 15 of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561)600-9090 www.boyntonbeachcra.com ♦ ) M Nf tAJ T NTO MOMBEACH �rU APPLICANT INFORMATION APPLICANT SIGNATURES: n I rincipal/Owner'sgnature MGR Date AshleyPatterson=ebb Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4, Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF /0 F ) COUNTY OFC r I BEFORE ME, an officer,,duly puthorized b law to administer oaths and take ac wled ents, personally appeared ? le-- 0--tfe rSOn -We )0 , who is/areersonally knot' n to me or produced as i 'e a ion, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and opicial seal in the State and County aforesaid on this 3 U day of ,Lk /m be r 200-0 . . ``O�FpYPV� ISABELLA M. FREYER NOTARY PUBLIC �.-State of Florida-Notary Public C �, �Pc Commission #GG 212438 My Commission Expires: -,,+�OFI;1, ;c My Commission Expires April 29, 2022 - a e of 17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561) 600-9090 www.boyntonbeachcra.com I, BOYNTO u "BEAC COWUNITY REDEVELO ENT AGENCY APPLICANT INFORMATION APPLICANT SIG IAT- ES: ' 2.1+ I Principal/-wner i nature MGR Date Brittany Patterson Printed Name Title 2. - - Principal/Owner's Signature Date Printed Name Title 3. _ Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF lid COUNTY OF BEFORE ME, an offic duly uthorized law to administer oaths and take acknowledgements, personally appeared , who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREG NG, I have set my hand and officials in a State and County aforesaid on this day of 2o2-1 . ,,�.► - sTEPHANiEMAXIS NOTAR UBLIC 2°/,•,,``�°`�`__ Notary Public-state of Florida My mmission Expires: Commission x GG 348371 My Comm.Expires Jun 25.2023 Bonded through National Notary Assn. - ge16of17 Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435-Phone: (561)600-9090 www.boyntonbeachcra.com ,� INFORMATIONSEACCOMMUNITY REDEVELOPMENT AGENCY APPLICANT APPLICANT SIGNATURES: Z6u Principal/Owner's Signature MGR Date Catherine Patterson Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. _ Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF A=4 COUNTY OF BEFORE ME, an officrg Mdulythoriz d la to administer oaths and take acknowledgements, personally appeared who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOT Ahave set my hand a ff, i sal he State and Coun aforesaid on this - day of 20 STEPHANIE MAXIS OTARY PUBLIC Notary Pubik-SU of Florida o� dkA. My commiscx:ires��i5�ioz� My Commission Expires: Bonded through*national Notary Assn. c7 _ Property Improvement 100 East Ocean Avenue,4th Floor, Boynton Beach, FL 33435—Phone: (561) 600-9090 www.boyntonbeachcra.com 5/3/2021 PAPA Maps DOROTHYJACKS -= ---CFA,AAS 5 Palm Bach Co County p rty Appraiser A}giYrfii } ir RTr ae44 4; e,. ,. 1 1 yak, Vc,,c {k��.Search by Owner,Address or Parcel r U{ ,.�1t11i View Property Record `+ Jj?S)}l r Owners �� I PATTERSON PLAZA LLC { Property Detail .. 1815 - 5 FEDERAI ++� 1 I7 IY r �t1 � -�£VSs}�.�Y�}{!�, ��• I 5 _ 1. '�,. tit BOYNTON BEAC Paii No. 084345330000 B c 32031Page � Sale Date DEC 2020 1 241 SW 27TF `;�� i _ 5 4,i Ali 1 itll , (� Addii� BOYNTON BEA k 4t FL 33426783: '1 ype 1100-STORES gtt � 1 Square } 5240 Sales Information Sales Date Price DEC-2020 10 ) NOV-2010 10 JUL-2009 10 JAN-1976 1001 JAN 1975 100 1, r.. i Appraisals Tax Year 2020 � e=...w $498936 yli ,t Laii Value $414,203 £{ r C F 48 1 t$, 4, i 21 1 - �r) r 1�1�t a `11 r crPJ 1} ..j +7f?r`;r Y'I':.�' ' 1�� rrl®i 1 s 1�'AIN Alto https://maps.co.paIm-beach.fl.us/cwgis/papa.htmI?qvalue=08434528030040130 1/1 PREPARED BY: CPN 20100446235 Carol MacMillan Stanley,Esquire QR BR 24212 PG 0586 MacMILLAN 8,STANLEY 11/23/2918 15t59.68D E.Fourth Avenue a1rs lerach Co=t y.P Delray Beach.FL 33483 Y. Florida ANY 10.M Property Control No.08-4345-33-00-000-1340 Due: Stamp a-70 Sharon V. Bock,0.ERt i Pg 65%; tlpg) WARRANTY DEED THIS INDENTURE,madethisl4 dayof 40 R. .2010,6etweenJAMES ROBERT PATTERSON,whose address is 1241 SW 2r Place,Boynton Beach,FL 33426,Grantor,and PATTERSON PLAZA,LLC,whose address islata t S r a 2�t t�uact�l ey rrea F3n�l r Cc '��'t�l. Grantee. WITNESSETH: That said Grantor,for and in consideration of the sum of TEN DOLLARS($10.00),and other good and valuable considerations to said Grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged,has granted,bargained and sold to the said grantee,and grantee's hews and assigns forever, the following described land,situate,tying and being in Palm Beach County,Florida,to-wit All that part of the North 125 feet of the South 1910 feet of the East one-half of the northeast quarter of Section 33,Township 45 South of Range 43 East,which lies West of the Federal Highway,less the West 650 feet thereof being a tract of land fronting on the Federal Highway(U.S.Highway No.1). SUBJECT TO easements,restrictions,reservations and conditions of record which are not reimposed by this deed;zoning ordinances; and taxes subsequent to December 31,2010. And said Grantor does hereby fully warrant the title to said land,and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,Grantor has hereunto set Grantor's hand and seat the day and year first above written. Signed,sealed and delivered in the resence of ACM vlfAness Prfit wame es o art Patterson Nattie 6 n K STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me,an officer duly qualified to take acknowledgments, personally appeared JAMES ROBERT PATTERSON,who is personally known to me or who has produced as identification and who did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this X day of .2010. Prit Naf Notary Public my Commission rres<, a� MV IOUDDSW40 EXPIaES.Nn.�.�r1 Book24212/Page586 Page 1 of 1 RESOLUTION APPOINTMENT MANAGERS/APPROVAL OF AMENDED AND RESTATED OPERATING AGREEMENT OF PATTERSON PLAZA,LLC a Florida limited liability company A SPECIAL MEETING of the Member and Manager of PATrERSON PLAZA, LLC a Florida limited liability company(the"Company"),was held effective the 301 day of April 2020. Whereas,the Member was James R.Patterson. James R.Patterson died on March 31,2020; Whereas, James R. Patterson's Membership Interests were devised to his two daughters, BRITTANY M.PATTERSON and ASHLEY C.PATTERSON WEBB,in equal shares,pursuant to the Last Will and Testament of James R.Patterson. The Estate of James R.Patterson is administered in Probate File No.50 2020CP 001795,in and for the Circuit Court of Palm Beach County,Florida. Whereas, the Members of the Company desires to appoint new managers and approve an Amended and Restated Operating Agreement as of even date herewith; Resolved,the Amended and Restated Operating Agreement is hereby approved; Resolved,that pursuant to Florida Limited Liability Company Act and the Amended and Restated Operating Agreement of the Company, BRITTANY M. PATTERSON and ASHSLEY C. PATTERSON WEBB as Members hereby appoint the following persons as Managers: BRITTANY M.PATTERSON, ASHLEY C.PATTERSON WEBB,and CATHERINE A.PATTERSON Resolved,that James R.Patterson is no longer a manager of the company and is deceased; NOW THEREFORE,it is unanimously resolved by the Member and Managers of the Company that the above resolution has been unanimously approved effective 30th day of April 2020. There being no further business to come before the meeting,the meeting adjourned. RSON,Manager ASASON WEBB,Manager and Me and Memb'&7� CifkRINE A.PATTERSON,Manager AMENDED AND RESTATED OPERATING AGREEEMENT OF PATTERSON PLAZA,LLC a Florida limited liability company (Manager Managed) THIS AMENDED AND RESTATED OPERATING AGREEEMENT (the AMENDED and RESTATED OPERATING AGREEEMENT) is entered into effective the 30th day of April, 2020 by BRITTANY M. PATTERSON and ASHLEY C.PATTERSON WEBB,as Members,and BRITTANY M.PATTERSON,ASHLEY C. PATTERSON WEBB,and CATHERINE A.PATTERSON,as the Managers, and, PATTERSON PLAZA, LLC,a Florida limited liability company(the"Company"). RECITAL The Member formed a Limited Liability Company under the Florida Limited Liability Company Act for the purposes set forth herein and accordingly desires to enter into this AMENDED and RESTATED OPERATING AGREEEMENT to set forth the terms and conditions of the business and affairs of the Company and to determine the rights and obligations of its Members. NOW,THEREFORE,the parties, intending to be legally bound by this AMENDED and RESTATED OPERATING AGREEEMENT, and for good and valuable consideration, receipt of which is hereby acknowledged, and the mutual promises contained herein, hereby agree that the AMENDED and RESTATED OPERATING AGREEEMENT of the Company shall be as follows: ARTICLE I DEFINITIONS 1. When used in this AMENDED and RESTATED OPERATING AGREEEMENT,the following terms shall have the meanings set forth below. 1.1 "Act" means the Florida Limited Liability Company Act, as amended from time to time, F.S. Chapter 605(or the corresponding provision(s)of any succeeding law). - 1.2 "Capital Contribution(s)" means the amount of cash and the agreed value of property,services rendered,or a promissory note or other obligation to contribute cash or property or to perform services contributed by the Member for such Member's interest in the Company, equal to the sum of the Member's initial Capital Contributions plus the Member's additional Capital Contributions, if any, made under Sections 4.1 and 4.2, respectively, less payments or distributions made under Section 5.1,which are deemed a return of capital under the Act. 1.3 "Code"means the Internal Revenue Code of 1986 and the regulations promulgated thereunder, as amended from time to time(or any corresponding provision or provisions of succeeding law). 1*4 'Member"means the undersigned or a person admitted as a Member under this AMENDED and RESTATED OPERATING AGREEEMENT. 1.5 "Person" means any individual, partnership, firm, corporation, limited liability company, joint- stock company,trust,estate,or other entity. ARTICLE 11 FORMAT11ON 2.1 Organization. The Member hereby organized the Company as a single-member Florida limited liability company under the provisions of the Act. 2.2 Effective Date.The Company came into being on October 6,2010. 2.3 AMENDED and RESTATED OPERATING AGREEEMENT: Invalid Provisions. The Member, by executing this AMENDED and RESTATED OPERATING AGREEEMENT, hereby agrees to the terms and conditions of this AMENDED and RESTATED OPERATING AGREEEMENT,as they may from time to time be amended. To the extent any provision of this AMENDED and RESTATED OPERATING AGREEEMENT is prohibited or ineffective under the Act, such prohibition or ineffectiveness shall not affect any other provision hereof and this AMENDED and RESTATED OPERATING AGREESNT shall be deemed to be amended to the least extent necessary to make this AMENDED and RESTATED OPERATING AGREES ENT effective under the Act. In the event the Act is subsequently amended or interpreted in a way that validates any provision of this AMENDED and RESTATED OPERATING AGREEEMENT that was formerly invalid, such provision shall be considered to be valid from the effective date of such amendment or interpretation. ARTICLE III PURPOSE;NATURE OF BUSINESS 3.1 Purpose; Nature of Business. The purpose of the Company shall be to engage in any lawful business that may be engaged in by a limited liability company organized under the Act,as such business activities may be determined by the Member from time to time.The Company shall have the authority to do all things necessary or convenient to accomplish Its purpose and operate its business as described in this Section 3.1. 3.2 Powers.The Company shall have all powers of a limited liability company under the Act and the power to do all things necessary or convenient to accomplish its purpose and operate its business as described in Section 3.1. 2 ------ ARTICLE IV MEMBERAND CAPITAL 4.1 Member and Initial Capital Contribution.The name and address of the Member and the value of j the initial Capital Contribution of the Member shall be set forth on Schedule A attached hereto. 4.2 Additional Capital Contributions.The Member shall have no obligation to make any additional Capital Contributions to the Company.The Member may make additional Capital Contributions to the Company as the Member determines are necessary,appropriate,or desirable,subject to the approval of the Manager. ARTICLE V DISTRIBUTIONS TIO S 5.1 Distributions and Allocations. All distributions of cash or other assets of the Company shall be made and paid to the Member at such time and in such amounts as the Manager may determine.All items of income,gain,loss,deduction,and credit shall be allocated to the Member. ARTICLE VI TAXATION 6.1 Income Tax Reporting.The Member is aware of the income tax consequences of the allocations made by Article V hereof and hereby agrees to be bound by the provisions of Article V in reporting the Member's share of Company income and loss for federal and state income tax purposes. 6.2 Disregarded as an Entity.Notwithstanding anything contained herein to the contrary and only for purposes of federal and,if applicable,state income tax purposes,the Company shall be disregarded as an entity separate from the Member for such federal and state income tax purposes unless and until the Member causes the Company to file an election under the Code to be classified as an association taxable as a corporation, and this AMENDED and RESTATED OPERATING AGREEEMENT shall be construed and administered accordingly,notwithstanding any provision herein to the contrary. ARTICLE I RIGHTS,POWER,AND AUTHORITY OF THE MANAGER 7.1 Management by the Manager(s).The Member shall elect and appoint the Manager(s),who shall have the full and exclusive right,power,and authority to manage the affairs of the Company and to bind the Company,to make all decisions with respect thereto and to do or cause to be done any and all acts or things deemed by the Manager to be necessary, appropriate, or desirable to carry out or further the business of the Company. if more than one Manager is elected and appointed,all decisions and actions of the Managers shall be made by majority vote of the Managers,if acting either at a meeting or by written consent.The Person(s)who is elected and appointed as Manager(s)shall serve in such office(s) at the 3 pleasure of the Member and until his, her, or their successors are duly elected and appointed by the Member(or a Manager is removed by the Member). Until further action of the Members as provided herein, BRITTANY M. PATTERSON,ASHLEY C. PATTERSON WEBB,and CATHERINE AL PATTERSON are elected and appointed as Co-Managers of the Company. Either Manager has the power to act alone to manage the affairs of the Company and bind the affairs of the Company without the consent of the other. 7.2 Agents.Without limiting the rights of the Member,the Manager(s), or the Company under F.S. 605.0109,the Manager(s)may appoint the Person(s)who are to act as the agent(s)of the Company to carry out and further the decisions and actions of the Manager(s)made under Section 7.1,to manage and administer the day-to-day operations and business of the Company,and to execute any and all reports, forms,instruments,documents,papers,writings,agreements,and contracts,including but not limited to, deeds, bills of sale, transfers, leases, promissory notes, mortgages, and security agreements, and any other type or form of document by which property or property rights of the Company are transferred or encumbered or by which debts and obligations of the Company are created,incurred,or evidenced and which are necessary,appropriate,or beneficial to carry out or further such decisions or actions.By written resolution of the Manager,the Manager may appoint a President,Vice President,Treasurer,Secretary,or any other officers who shall report to and be responsible to the Manager.Such officers shall have the duties and responsibilities as may be set forth in the written resolution.Such Person(s)shall serve In such office at the pleasure of the Manager(s)and until his, her,or their successors are duly designated and appointed by the Manager(s). 7.3 Compensation. The Manager(s) shall not be entitled to receive compensation for acting as Manager(s)unless otherwise agreed by the unanimous consent of the Members,but shall be entitled to reimbursement for reasonable expenses paid by the Manager(s) arising out of the business of the Company.Such compensation and reimbursement may be paid as incurred or in arrears with interest at the predominant prime rate as reported in the Wall Street Journal from time to time. 7.4 Major Decisions. The Manager(s) shall not take any action with regard to any of the matters numerated below without the prior written consent of the majority in interest of all of the Members: (a) Executing and delivering any general transfer for the benefit of creditors of the Members, or filing or consenting to the filing of a petition under any federal or state bankruptcy, insolvency, or reorganization law; (b) Doing any act which would make it impossible to carry on the business of the Company; (c) Making any decision or taking any action which, under the provisions of this AMENDED and RESTATED OPERATING AGREES MENT,is required to be approved by the Members;and (d) Doing any act in contravention of this AMENDED and RESTATED OPERATING AGREEEMENT. 4 7.5 Power of Attorney. 7.5.1. Grant of Power. Each Member constitutes and appoints the Manager as the Member's true and lawful attorney-in-fact ("Attorney-in-Fact"), and in the Member's name, place, and stead, to make,execute,sign,acknowledge,and file: 7.5.1.1.one or more Articles of Organization; 7.5.1.2.all documents (including amendments to Articles of Organization) that the Attorney-in-Fact deems appropriate to reflect any amendment,change,or modification; 7.5.1.3.any and all other certificates or other instruments required to be flied by the Company under the laws of the State of Florida or of any other to or jurisdiction, including,without limitation,any certificate or other instruments necessary in order for the Company to continue to qualify as a limited liability company under the laws of the State of Florida; 7.5.1.4.one or more fictitious or trade name certificates;and 7.5.1.5.all documents which may be required to dissolve and terminate the Company and to cancel its Certificate of Organization. 7.5.2 Irrevocability. The foregoing power of attorney is irrevocable and is coupled with an interest,and,to the extent permitted by applicable law,shall survive the death or disability of a Member. It also shall survive the Transfer of a Membership Interest,except that if the transferee is admitted as a Member, this power of attorney shall survive the delivery of the assignment for the sole purpose of enablingthe Attorney-in-Fact to execute,acknowledge,and file any documents needed to effectuate the substitution.Each Member shall be bound by any representations made by the Attorney-in-Fact acting in good faith pursuant to this power of attorney, and each Member hereby waives any and all defenses which may be available to contest,negate,or disaffirm the action of the Attorney-in-Fact taken in good faith under this power of attorney. ARTICLE Vill DISSOLU]ION AND WINDING UP 8.1 Events of Dissolution.The Company shall be dissolved on the first to occur of (a) the written consent of the Member or(b)the entry of a decree of judicial dissolution under the Act. ARTICLE IX BOOKS AND RECORDS 9.1. Books and Records.The Manager shall keep or cause to be kept at the principal place of business of the Company true and correct books of account,in which shall be entered fully and'accurately each and every transaction of the Company,and such books shall be made available to all Members atany time 5 during normal business hours.The Company's taxable and fiscal years shall be the same as the taxable and fiscal years of the Member.The Manager shall determine whether the cash or accrual method of accounting is to be used in keeping the Company records. ARTICLE X LIMITATION OF LIABILITY;INDEMNIFICATION 10.1 Limited Liability.Except as otherwise provided by the Act,the debts,obligations,and liabilities of the Company,whether arising in contract,tort, or otherwise,shall be solely the debts,obligations, and liabilities of the Company;and the Member,including any Member who is a Manager(or a Manager who is nota Member), shall not be obligated personally for any such debt, obligation, or liability of the Company solely by reason of being the Member. Failure of the Company to observe any formalities or requirements relating to the exercise of its powers or the management of its business or affairs under this AMENDED and RESTATED OPERATING AGREEEMENT or the Act shall not be grounds for imposing personal liability on the Member for any debts, liabilities, or obligations of the Company. Except as otherwise expressly required by law,the Member,in the Member's capacity as the Member,shall have no liability in excess of(a)the amount of the Member's net Capital Contributions, (b)the Member's share of any assets and undistributed profits of the Company,and (c)the amount of any distributions required to be returned under F.S.605.0711 10.2 Indemnification.The Company(including any receiver or trustee of the Company) shall,to the fullest extent provided or allowed by law, indemnify, save harmless,and pay all judgments and claims against the Member and each of the Company's or Member's agents, affiliates, heirs, legal representatives,successors,and assigns(each,an Indemnified Party)from,against,and in respect of any and all liability,loss,damage,and expense incurred or sustained by the Indemnified Party in connection with the business of the Company or by reason of any act performed or omitted to be performed in connection with the activities of the Company or in dealing with third parties on behalf of the Company, including costs and attorneys'fees before and at trial and at all appellate levels,whether or not suit is instituted(which attorneys'fees may be paid as incurred),and any amounts expended in the settlement of any claims of liability, loss, or damage, if the act or omission of the Indemnified Party does not constitute fraud or willful misconduct by such Indemnified Party. The Company shall not pay for any insurance covering liability of the Member or the Company's or Member's agents,affiliates,heirs, legal representatives, successors, and assigns for actions or omissions for which indemnification is not permitted hereunder. However,nothing contained herein shall preclude the Company from purchasing and paying for such types of insurance, including extended coverage liability and casualty and workers' compensation,as would be customary for any Person owning,managing,and/or operating comparable property and engaged in a similar business or from naming the Member and any of the Company's or Member's agents,affiliates,heirs,legal representatives,successors,or assigns,or any Indemnified Party as additional insured parties thereunder. Each Manager shall be entitled to be indemnified by the Company for actions or inactions relating to the conduct thereof,except to the extent caused by'willful misconduct or fraud. 6 10.3 Non-Exclusive Right.The provisions of this Article X shall be in addition to and not in limitation of any other rights of indemnification and reimbursement or limitations of liability to which an Indemnified Party may be entitled under the Act,common law,or otherwise.Notwithstanding any repeal of this Article X or other amendment hereof, its provisions shall be binding on the Company (subject only to the exceptions set forth above)as to any claim,loss,expense,liability,action,or damage due to or arising out of matters which occur during or relate to the period before any such repeal or amendment of this Article X. ARTICLEXI AMENDMENT 11.1 Amendment. This AMENDED and RESTATED OPERATING AGREEEMENT and the Articles of Organization may not be amended,altered,or modified except by the written consent of the Member, ARTICLE X11 MISCELLANEOUS 12.1 Binding Effect.This AMENDED and RESTATED OPERATING AGREEEMENT shall be binding on and inure to the benefit of the undersigned, its legal representatives, heirs, successors, and assigns of the respective parties hereto except to the extent explicitly provided to the contrary herein. 12.2 Applicable Laws.This AMENDED and RESTATED OPERATING AGREEEMENT and the rights and duties of the Member hereunder shall be governed by,interpreted,and construed in accordance with the laws of the State of Florida,without regard to principles of choice of law. 12.3 Headings. The article and section headings in this AMENDED and RESTATED OPERATING AGREEEMENT are inserted as a matter of convenience and are for reference only and shall not be construed to define, limit,extend, or describe the scope of this AMENDED and RESTATED OPERATING AGREEEMENT or the intent of any provision. 12.4 Number and Gender. Whenever required by the context hereof,the singular shall include the plural and vice versa,and the masculine gender shall include the feminine and neuter genders and vice versa. 12.5 Transfer of Interest and New Members.The Member may not transfer his, her,or its interest in the Company(in whole or in part)except with the consent of the Manager(s). No additional Person may be admitted as a Member except by written consent of the Manager(s). 12.6 Approval Rights of Member. Notwithstanding anything in this AMENDED and RESTATED OPERATING AGREES MENT to the contrary,the following actions by the Company shall require the written consent of the Member: (a) Adoption of a plan of merger or consolidation involving the Company; 7 (b) Purchase,lease,or acquisition of any property by the Company,other than in the usual and regular course of business of theCompany;and (c) Sale,lease,exchange,or other disposition of all or substantially all of the property of the Company,other than in the usual and regular course of business of the Company. IN WITNESS WHEREOF,this AMENDED and RESTATED OPERATING AGREEEMENT has been made and executed by the Member effective as of the date first written above. BITIa .P t anager ASHLEY C.P TT Sol WEBB,Manager and M a ,b and Member CATHERINE A.PATTERSON,Managiii- 8 SCHEDULEA NAME.ADDRESS.AND INITIAL CAPITAL CONTRIBUTION OF THE MEMBER Name of Member Units BRITTANY M.PATTERSON so 1220 Homewood Blvd 8202 Delray Beach,FL 33445 ASHLEY C.PATTERSON WEBB so 17800 Taylor Rd Jupiter,Fl.33478 Value of Initial Capital Contribution of ember I U (1)Additional money,real property,or other personal property may be transferred to the Company,from time to time,as additional capital contribution(s). 9 ASSIGNMENT OF LLC MEMBERSHIP INTEREST PATTERSON PLAZA,LLC THIS ASSIGNMENT OF LLC MEMBERSHIP INTEREST(this"Assignmenf)is made on the 30th day of April,2020,by and between CATHERINE A.PA O ,individually, and as Personal Representative of the Estate of James R.Patterson, deceased, as Member of the PA SO PLAZA, LLC, (the'-Assignor,) and BRITTANY M. PAN and ASHLEY C.PA SO WEBB (the "Assignee'). PREAMBLE WHEREAS,the Assignor is the owner of a membership interest(the"Membership Interest")in PATTERSON PLAZA,LLC,a Florida limited lialift compainy(the"Company"); WHEREAS,the Company is governed by the provisions of the operating agreement dated June 2, 2020(the"Operating Agreemenfl; WHEREAS, Whereas, James R. Patterson's Membership Interests were devised to his two daughters, BRITTANY M. PAN and ASHLEY C. PAN WEBB, in equal shares, pursuant to the Last Will and Testament of James R. Patterson. The Estate of James R. Patterson is administered in Probate File No. 50 2020CP 001795, in andfor the.Circuit Court of Palm Beach County, Florida;and WHEREAS,the Assignor desires by this Assignment to withdraw as a Member of the Company and to assign to the Assignee the Assignor's entire Membership Interest,and the Assignee desires by this Assignment to accept this Interest; NOW,THEREFORE,FOR AND IN CONSIDERATTON of the payment by the Assignee to the Assignor of the sum of$10.00 and for other good and valuable consideration,the receipt and adequacy of which are acknowledged by each party,the parties agree as follows: I ASSIGNMENT. Effective as of the 30' day of April 2020 (the"Effective Date"), the Assignor hereby assigns, transfers and set over all of the membership interest of the Estate of James R.Patterson in PATTERSON PLAZA, LLC, a Florida limited liability company, to BRITTANY M. PATTERSON and ASHLEY C. PATTERSON WEBB,in equal shares,(as to a 50 unit ownership interest in each Assignee). 2. REPRESENT_ATI ON& 2.1. By Assignor To induce the Assignee to accept the delivery of this Assignment, the Assignor hereby represents and warrairts to the Assignee that, on the to hereof and at the time of delivery: 2.1.1. The Assignor is the sole legal and beneficial owner of the Membership Interest. The Assignor has not sold, transferred, or encumbered any or all of the Membership Interest. Subject to the provisions of the Operating Agreement,the Assignor has the full and sufficient right at law ind in equity to transfer and assign the Membership Interest and is transferring and assigning the Membership Interest to the Assignee free and clear of any and all right,title,or interest of any other person whatsoever. 2.1.2. The Assignor has been given no notice of any default by the Assignor in perforrumg Its obligations under the provisions of the Operating Agreement and, to the best of the Assignor's knowledge, information, and belief, the Assignor is not in default in performing those obligations. 2.1.3. The required consent of all other members,if any,of the Company to this Assignment has been obtained- 2.1.4. Attached as Exhibit A is a true and complete copy of the Amended and Restated Operating Agreement and all amendments to it. 2.2. Bj_Agsiggee. The Assignee covenants, warrants, and represents to the Company, the Assignor, and the Manager(s) of the Company that (a) the Membership Interest is being acquired for investment for the Assignee's own account and not with a view to offering it for sale or otherwise to distributing it,after or in connection with the assignment to the Assignee; (b)the Assignee has read the Operating Agreement and agrees to be bound by the Operating Agreement(including,but not limited to, the appointment of the Manager as the attorney-in-fact for the Members);and(c)the Assignee and/or the Assignee's representatives,agents,and/or advisors(i)have received and/or been given access to all of the books,records,and documents containing information regarding the Company and its business,affairs,and financial condition,and(n)otherwise have had such access as they and all of them desire to,and full and fair disclosure of, all material information regarding (A) the transaction to be consummated under this Assignment and(B)the Company and the Assignor. 2.3. By BNh PaM.Each party represents and wan-ants to the other that the party making this representation and warranty has been duly authorized to execute and deliver this Assignment and to perform the party's obligations under this Assignment- 3. RMEM14KCAT-10N. 3.1. Assi or.The Assignor shall defend,indemnify,and hold harmless the Assignee from and against any and all liability,claim of liability,or expense ansing out of. (a)any default by the Assignor in performing its obligations under the provisions of the Operating Agreement occurring before the Effective Date,(b)any and all liability or expense of the Company arising before the Effective Date, and(c)any Mure of the Assignor's representations contained in Section 2 to be true and complete in all material respects. 3.2. B y, and hold harmless the By Assig!jec. The Assignee shall defend, indemnif Assignor against and from any and all liability,clam of liability,or expense arising out of:(a)any default by the Assignee in performing its obligations-under the provisions of the Operating Agreement occurring after the Effective Date,and(b)any and all liability,claim of liability,or expense of the Company arising after the Effective Date.The Assignee,on behalf of the Company,also hereby releases any and all claims the Company has or may have against the Assignor,except to the extent inconsistent with Section 3.1. 4. ConsgntDf Other _ gain su ed -Members.This Assi ent is bject to and condition on any other Members'delivery of their consent to it and the assignment of their Membership Interests.If that consent is not obtained by the Eflective Date,this Assignment shall be null,void,and of no furffier force and effect. % 5. Notices. Any notice, demand, consent, approval, request, or other communication or document to be provided to a party to this Assignment shall be(a)in writing,and(b)deemed to have been provided (i) 48 hours after being sent by certified or registered mail in the United States mail, postage prepaid,return receipt requested,to the address of the party set forth in this Assignment or to any other address in the United States of America as the party may designate from time to time by notice to the other party,or(ii)on being given by hand or other actual delivery to the party. 6. NHSCELLANEOUS. 6.1. Effectiveness. This Assignment shall become effective on and only on its execution and delivery by each party. 6.2. Completg-ligderstandin Y.Subject to the provisions of the Operating Agreement, this Assignment represents the complete understanding between the parties as to the subject matter hereof, and supersedes all prior negotiations, representations, guarantees, warranties, promises, statements, or agreements,either written or oral,between the parties as to the same. 6.3. Amendment This Assignment may be amended by and only by an instrument executed and delivered by each party. 6.4. Waiver.No party shall be deemed to have waived any right that it holds hereunder unless the waiver is made expressly and in writing(and,without limiting the generality of the foregoing, no delay or omission by any party in exercising any such right shall be deemed a waiver of its future exercise).No waivers be deemed a waiver as to any other instance or any other right. 6.5. Applicable Lam. All questions concerning the construction, validity, and interpretation of this Assignment and the performance of the obligations imposed hereby shall be governed by the internal law,not the law of conflicts,of the to of Florida. 6.6. Headingg The headings of the sections, subsections, paragraphs, and subparagraphs of this Assignment are provided for and only for convenience of reference ands not be considered in construing their contents. 6.7. on As used in this Assignment,(a)the to "person"means a natural person,a trustee,a corporation,a partnership,and any other form of legal entity;and(b)all reference made (i)in the neuter,masculine,or feminine gender shall be deemed to have been made in all genders,(ii)in the singular or plural number shall be deemed to have been made,respectively,in the plural or singular number as well, and (iii) to any section, subsection, paragraph, or subparagraph shall, unless therein expressly indicated to the contrary,be deemed to have been made to such section,subsection,paragraph, or subparagraph of this Assignment.Words or phrases used in this Agreement and not defined in it shall have the same meaning as contained in the Operating Agreement or,if not defined therein,in F.S.Chapter 608. 6.8. AssigpMent.This Assignment shall be binding on ands in to the benefit of the parties hereto and their respective heirs,personal representatives,successors,and assigns hereunder. 6.9. Sgyprability.No determination by any court,governmental body,or otherwise that any provision of this Assignment or any amendment hereof is invalid or unenforceable in any instance shall affect the validity or enforceability of (a) any other provision thereof or (b) that provision m any chmmstance not controlled by the determination.Each such provision shall be valid and enfbrceable to the fullest extent allowed by,and shall be construed wherever possible as being consistent with,applicable law. % 6.10. Further Ass'u'r"ances.The parties shall cooperate with each other and shall execute be and deliver,or cause to delivered,all other instruments and shall take all other actions,as either party her may reasonably request from time to time in order to effectuate the provisions hereof. Ij 6.11. AgsiWCipn_And_1ndemnification.From and after the Effective Date,the Assignee shall(a)be bound by the provisions of the Operating Agreement as if the Assignee were a party thereto and a Member of the Comp (b)indemnify the Assignor and Company against any expense incurred by it in connection with the Assignee's admission and substitution as a Member(including, by way of example rather than of limitation,any expense incurred in preparing and filing for record any amendment of the Operating Agreement or the Company's Articles of Organization, and any other instrument, if necessitated by the admission and substitution). IN SS WHEREOF, each party hereto has executed Assignment or caused it to be executed on its behalf by its duly authorized representative,on the day and year first above written. ASSIGNOR: u�i11pyjm,�Loz CATHERINE A.PATTERSON,individually and as Personal Representative of the Estate of James R.Patterson,deceased 0�NT MANAGERS: r 4 N,Manager ASBLENTx C.PA :SON WEBB,Manager CATHERINE A.P O ,Manager SIG '. PATTERSON § EY� "t x.PA'I'I'E WN WEBB Paving $ 6,125.50 Painting $ 6,295.00 Fencing $ 7,767.84 Security $ 9,038.29 Total $ 29,226.63 50% Reimbursement $ 14,613.32 Plus 20%Contingency $ 2,922.66 Final Grant Request $ 17,535.98 y - 1 UN`-`i PAVEMENT MANAGEMENT SOLUTIONS Patterson Plaza 1815 South Federal Highway Boynton Beach,FL33435 April 19, 2021 Na� � SEALCOATIG:(2)Coats Spray;In(1)Mobilizations;Up to 12,500 Square Feet. 1. Secure area with cones and barricades. 2. Thoroughly clean the entire asphalt area. 3. Heavy oil spots will be treated with a bonding agent. 4. Apply by spray,first coat of Neyra Industries Tarconite commercial grade coal tar sealer that meets or exceeds federal specifications,with 2%latex additive and 3-5lbs of silica sand as per manufacturer's requirements mechanically agitated and applied at the rate of 1/5th of a gallon per square yard. 5. Apply a second separate coat of sealer with sand in the same quantity and proportion as the first coat. $1,932.00 EXISTING PAVEMENT MARKINGS 1. Stripe to existing layout using DOT approved latex white,yellow,and/or blue paints to match what was previously existing to include:double stall lines,handicap stall,car stops,arrows,stop bars,and lineal footage. *Project bid with typical industry and municipal standards.City specifications,permit and code requirements are subject to change without notice. $522.00 AdditionalMobilization: If additional mobilization is required add$2,124.00to total contract price Yes CON5AA Document Ref:FDTZN-K0FEE-JQBLJ-U09SL Pagel of 3 - JAI tow, T .x,... F PAVEMENT MANAGEMENT SOLUTIONS We propose to furnish the material and perform the labor necessary for the completion of pro ect in accordance to specifications,and subject to conditions stated herein for�e sum of: $2,454.00 $4578.00 *Customer to enter$0.00 if no options selected t - ` $4578.00 All Prices quoted are valid for 30 days from the date of this proposal.This proposal price e is based on work being completed during the hours of 7:00 AM and 6:00 PM,Monday- Friday,excluding holidays.Additional fees will apply if work is required to be completed at night or on the weekends.Please contact your sales representative for details. ACCEPTED: Prices,specifications,terms,and conditions are satisfactory and hereby accepted.You are authorized to do the work as specified.We agree to pay the total sum or balance in full upon completion of this project.Payment will be made as outlined below. r9� i 40%Deposit 60%Final Completion Select if email invoice is preferred Billing Company& Patterson Plaza,LLC ,��.,� Contact Name: ® Signature of Approval by Customer Billing Street Address: 1241 S.W.27th Place Brittany Patterson,Director Billing City,State,Zip: Boynton Beach,FL 33426 Printed-Name sA T'tle.'P'osition Billing Phone Number: 561-704-3286 04/20/2021 ate Billing ContactE-mail britmpatterson@gmail.com 'flop 0-,14 TOR1114, 1 Document Ref:FDTZN-KOFEE-JQBLJ-UOgSL Page 2 of 3 UN�1111 v PAVEMENT MANAGEMENT SOLUTIONS CUSTOMER INSTRUCTIONS AND INFORMATION Work Area Preparation 1. All County needs suitable access to the work arca,and if it is dependent upon,or in conjunction with the work of others,such work shall be performed and completed prior to arrival,so All County can work uninterrupted in a single shift operation. 2. All vehicles must be removed from the work area no later than 7:15 am,unless otherwise agreed,to deliver the project work on schedule. 3. Tow Trucks need to be arranged 5 days prior to the start of work and must be on cell to remove cars from the scheduled work zone as necessary.The Customer is financially responsible for towing services and any created delays,If any czars are left on the area of work,All County Paving cannot beheld responsible for any damage to the vehicle. 4. All County Paving will not be responsible for parsons entering the work area,tracking of materials or paint,or any damages to cars or persons trespassing in the designated areas. 5. Existing asphalt or concrete Cracks with vegetation growing in them should be prepared with several treatments of weed killer prior to All County Paving arrival. 6. The sprinkler system should be off 24 hours prior to the commencement of your project and stay off 48 hours after completion of project.The surface must be dry for our arrival as areas where the newly sealed pavement is wet may wear prematurely, 7. Suspend lawn cutting during the work period. 8. Please make sure street sweepers are cancelled during the sealcoating projects and should not be used on newly sealcoated areas. 9. Dumpsters in the scheduled area must be removed or moved to another area.Dumpsters not moved,will be subject to additional fees. Customer Expectation 1. New pavement is susceptible to scuffing and marks until it has property cured. 2. Large cracks in the existing asphalt may reflect through the new asphalt in time. 3. There will be a tire'tracking'-this cannot be avoided,but the tracking marks will disappear in time. 4. The asphalt surface that will be placed on this project will not have the finish and look of a sealmat application.If sealcoat is desired later,A I County Paving will be happy to quote you separately. 5. Sealcoating is not a crack filler.All existing cracks in the pavement will still be visible after sealcoating. 6. All County Paving cannot guarantee elimination of standing water. 7. All County guarantees the sealer against peeling or flaking off of stable asphalt for a period of(1)year,excluding normal wear&tear. a. All County guarantees all workmanship and materials for up to(1)year,excluding normal wear&tear.Warranty starts at conclusion of work and is not valid until payment has been made in full. 9. A certificate of Insurance will be issued upon request prior to commencement of work. DN CT TERMS AND CONDITIONS 1. Our proposals are limited to include items only,anything not specifically included is excluded from conlrad.Any alteration or deviation from proposal specifications involving extra costs,will be executed only upon written orders,and will become an extra charge over and above the estimate. 2. The proposal or contract provided,including all stated terms and Conditions,shall become a legally binding attachment to any contract entered between All County Paving and the financially responsible company for which the work will be performed. 3. All County Paving recommends a Civil Engineer be retained for ADA upgrades.As such All County Paring makes no claim that ADA upgrades will most anylall local,state and federal guidelines on ADA compliance. 4. For projects requiring city or county permits,All County Paving will coordinate the process and charge an Actual Permit&Procurement Fee of$495.00 per permit,plus actual cost of pamnfl(s).Any additional work required by the permit(s)will be extra to the contract amount. 5. Any work performed by Ari County Paving which work is on public property,the(Client/Owner)agrees and understands that the project property which it awns shall be charged with all indebtedness here under. 6. In the event of any litigation or other proceeding arising out of this agreement,the prevailing party shall be entified to collect its aftomeys'fees and all costs of litigation from the other party,induding appellate attorneysfees. 7. All accounts past due will incur a finance charge of 18%per annum. 6. All County Paving reserves the right to withdraw the proposal at any time prior to the commencement of work should material price fluctuations rise significantly. 9. All County reserves the right to revisit the site if time has elapsed from the original proposal to acceptance. 10. Any additional mobilizations for Paving will be billed at a rate of$5,500.00 each. 11. Any additional mobilizations for Sealcoating will be billed at a rate of$1,750.00 each. 12. Delays to All County Paving of a Maintenance Crew shall be paid at a rate of$200.00 per half hour and delays to All County Paring of a Paving and/or Miffing Crew shall be paid at a rete of$350.00 per half hour by the customer. a r c U- c,n; 13. Any broken car stops will be replaced at an additional cost of$60.00 each. -i�f �_ _ ..l V'wF...., u.a /_5�,�l. C. >_Ors o t.�6eo- ;(.1, 0U0 14. There will be a charge of$47.50 above the Contract amount to dispose of used materials at an approved environmentally Compliant waste facility. 15. Reflective Pavement Markers are excluded from the warranty.Any additional reflective pavement markers that are required by the city code will be an additional charge of$10.00 each to the contract amount 16. All County Paving will not be responsible for damage to grass,sod,irrigation or any other underground utilities.Excavated materials will be left in the islandsAandscaped areas. 17. All County Paving will not be responsible for unforeseen conditions that adse;they may result in additional costs to the customer. 18. All County guarantees its'sealer products against peeling or flaking of stable asphalt for a period of(1)year,excluding normal wear and tear. 19. Newly seal coated areas will be barricaded for 24-48 hours after project completion.It is the responsibility of the customer to keep the area dear to allow proper curing of the material.Failure to do so will void any warranty. 20. All County Paving guarantees all workmanship and materials for up to(1)year,exduding normal wear and tear.The warranty starts at the conclusion of work and is not valid unfit payment has been made in full. 21. All work is to be completed in a workmanlike manner according to standard practices.Our workers are covered by Workmen's Compensation Insurance. Customer must initial here that they have read and accept the above Terms&Conditions °• • •• mei • �. • • sm a r• =a mf• C > Document Ref:FDTZN-KOFEE-JQBLJ-UO9SL Page 3 of 3 i Sigmature Certificate Document Ref.. F T -KOFEE-J LJ-U 9 L Document signed by: sBriftany Pafterson E-mail: britmpafterson@gmail.com Signed via link l II 73.0.71.59 20 Apr 2Q21 12:06:41 UTC 01111 Document completed by all parties on: ® 20 Apr 2021 12:06: 1 UTC Fuge 1 of 1 w Signed ith Pndaoc.co t Panda oc is the document platform that boosts your � company's revenue by accelerating the way it tram. acts, 4 11 N A T N P.O.Box 3353,Mast Palm Beach,FL 33402-3353 "LOCATED`, CONSTITUTIONALTAX COLLECTOR .pbct rn Tel:( 61)355-2264 Serving Balm Beach County 11311 SW 1 OTH ST DELRAY BEACH, FL 33444 TYPE Or SUSS Ess - OWNER CERTIFICATION# RECEIPT#/DATE PAID AMT PAID BILL# 13 0036 PAvlWG CONT O COFZ COHEN JEFFREY u21491 B20.547900-WI1 0 $x.50 E40742546 This decurrent is valid only when recelpted by the TaxCollector's Office. STATEFLORIDA PALM BEACH COUNTY 202012021 L L BUSINESS TAX RECEIPT ALL COUNTY PA1/IIV LBTR Number: 1 EXPIRES: SEPTEMBER M AND M ASPHALT MAINTENANCE INC , 1 qtl 1180 SW 10TH ST L BEACH L 33444-124.3This receipt grants the prMleg of engaging in or managing any business profession or occupation 11�9�l 1 113 111,11131111111111111111111111311111111111 1111 11 within its jurisdiction and MUST be conspicuously displayed at the place of business and In such a manner as to be open to the view of the public, Pat Licata Construction 4483 Palo Verde Drive Boynton Beach, Florida 33436 Licata.patagmail.corn Pat Licata: 561-436-4634 John Licata: 561-596-0139 Customer: Patterson Plaza, LLC Location of job: Patterson Plaza: 1815 S. Federal Highway Boynton Beach, FL 33435 EXTERIOR Pressure wash all walls to remove chalk ,peeling paint ,and mildew Seal all stucco with 100% acrylic sealer one coat Paint all stucco with Benjamin Moore Regal Select exterior latex low lustre one coat of paint Color: HC-144 Palladian Blue Paint all cement board fascia with Benjamin Moore Regal select soft gloss, one coat Calor: Sherwin Williams Color SW7071 Gray Screen Price: $3,500.00 WINDOWS Stand all aluminum frames with 220 Grit and dust. Paint all window frames with Benjamin Moore HP-25 direct to metal enamel, two coats Color: 912 Linen White Price: $2,100.00 STONE FACADE Spray Stone facade areas with Benjamin Moore exterior semi solid stain One coat Color: 900 Florida Beaches Price: $695.00 FLASH: Paint all Flash stripe with Benjamin Moore select soft gloss, one coat Color: 2055-10 Teal Price: Included DOOR One Glass Door requires painting over the glass Color: Match other door colors Price: Included CEMENTFENCE Pressure wash to remove chalk mildew and peeling paint Paint cement fence with Benjamin Moore Regal Select exterior low luster, one coat One coat Color: HC51 Audubon Russet Price: $400 Removal of`Beauty Shop' sign on north side of building: Included All painting on facade shall be around existing signage. Total Estimated cost: $6,295.00 Acceptance: Patterson Plaza, LLC Pat Licata Construction Brittany Patterson John Licata Director Title: Date: Date: Anne M.Gannon A,q,,ir M. G A N N 0,3N Constitutional Tax Collector 0 0 r?aY rte.I x TOS Serving Palm Beach County sm*N 1 r canity P.O.Box 3353 fiats," West Palm Beach,FL 33402-3353 ?ro. Collection Cart Items Total Collection Cart 0 $0.00 Checkout View, Account Information LB 1 h Tax 5 F F.. ';a Lu s. 201250888 Business Tax Active Mailing Address: Location Address: LICATA PATRICK 4483 PALO VERDE DR 4483 PALO VERDE DR BOYNTON BEACH , FL 33436 BOYNTON BEACH , FL 33436 Business Detail N aa°ne: PAT LICATA CONSTRUCTION INC 'rax Year: 2021 jade N a ea PAT LICATA CONSTRUCTION INC I sa erase `f Tribe r: 201250888 Pho n,e Nuwnbe Lk., Stab,.A : Active Ne,,,v gra sines : 03/19/2012 U (r ,.� v: CBC1258548 B¢ In I^pea BUILDING CONTRACTOR(23-0153 ) a u e d 08/14/2020 €, fa; of Units: 4 C S 23-0153 Memo: REQUIRED: SUBMIT CURRENT VALID COPY OF CILB OR DBPR STATE CERTIFICATION, LICENSE, OR EXEMPTION FOR RENEWAL Tax Information w, BnelNu$nneE Due Date .._.. .,.Year r Fne:.ai Due B40144968 9/30/2020 2021 $0.00 $0.00 $0.00 $0.00 Total e: $0.00 $0.00 $0.00 $0.00 Tax Payment x ! I e eip as� Paid Pald By 2021 840144968 620.549431 $27.50 8/12/2020 patrick LICATA, PAT LICATA CONSTRUCTION INC aSUPERIOR 111-11IFENCE&RAILINC. WhereQuality Matters! A name you can trust Congratulations! With over 4,000 five-star reviews and a stellar 94%satisfaction rating,we are the most highly rated and reviewed fence company in the country. We are excited to help you build your new fence! PIease find your fence package options below, and simply click on the package to select it. Brittany Patterson - Patterson Plaza Boynton Beach, FL 33435 i � r t t i _ j,. ,s t s r t t t 11 s t bj,3Q4}tS�t�1 f �z i (}it1+psi t t t f ijt\+'t��at11 z R 'fiS, � 1��{a I 1 � it r1)}+ �ht) +,l{, �3,,tusf,{ ,➢��~;t`, v� �\ � ��, t{ ,,� ��,��,��+� ,S fiS` t, g. u 1,41 i t , It F _..-- \, (�fiF'�a {1}S '-4 r~t(nS`J,;=c {1 r��1 's s.. 11 `)lite \�}7{ittt i t„ti.!_ t .t;r�, i ttYt '=.�4s t{ II.,�,�,�� nlf,{li' }��•�<< <`ti�a 1`�11i �t{lt-- ,t�'?•�t1> ,1,i yt„;14Q1 y !��(,,t r�� ft�i ,e ,¢ui�� ,�� +,ir t`f }\�,tf I�i 1 a}� �tr,�t' ��?��\ �b,t� r=:•f ��t I,li aF S y}a t }?��: 1 t�'�,� Iis k�t'�t I at k„�,, �; S �3'. - 4,(\� t, s.,•.., r=x ... .� rrt t,.)sS,r �C f+t` a1-� jt t r1}-.s 4 r,.., .�, 1) �!{ tl.,, t _,� t � k-� -_-_ ..., s 6'Aluminum and included 3'h aluminum across back wall 6'H White 300 Sterling(R)3'H White 300 Sterling(R) White Features&Benefits • Made in America • Upgraded 5/8"xl"Picket • SolarShield Powder Coating • Exceeds AAMA 2604 Standard • Full Panel Coated after Assembly Specifications • Past: 2" Sq. • Rail: 1" Sq. • Picket: 5/8" Sq. Warranty • Lifetime Transferable Warranty • 3 Year Workmanship Warranty The image shown is a representation of the style of the fence,and not meant to be a specification of the height, color, or grade. 6' Aluminum and included Yh alum across back wall - 135 LF 6'H White 300 Sterling(R) 3'H White 300 Sterling(R) Acmaf opening size is 56" From bluibe to front of ccs bioel nal} ot Does ¢o to end n- jumps up to 5'on the end held lockbox�into sale fm fm doorknob 20 z _. Rall 3'f d. i Weld loclbox sue.tate fordoorknob eb v 1 A17 Fence17 a,tim. Fence footage contained in this proposal is approximate based on the field measurements, final price will be adjusted based on actual footage used, as set forth in the terms and conditions. Included in the job 14'Gate, 15' Gate 200-Boxes welded in 25 -PVC/Aluminum-Flange Mount Job Notes This is to install C white aluminum with 2 -4'walk gates. The walk gates will have boxes welded in so a lockable door handle can be installed by a lock smith. The price includes installation,materials and labor. The permit fee will be added to the final invoice Gave a second option to add 3'of fencing onto the top of the wall in the back. We would flange mount to the top of the wall. "Above and beyond" This company was a pleasure to deal with from the time we started our project you could tell that customer service was very important to them. This showed in the way they explained the project to making sure that every deadline was met. I would deal with the company again because they showed great integrity in business. Judith Volger L— a S Selected Package: 6' Aluminum and included 3' h aluminum across back wall Today's Price $7,767.84 Or Terms of Use I Privacy-Policy Mwk Waffell, hwr Consinxtion IndusttyLicensing Bomd Oscar Alvarez,Director of Palm Beach rountV w. Lt -LIF - f m T 1 Nwned twrrw as a Certified Contrador as oulkied in - Slandaids to perm r under the parr:asi nr of Special Act Chapter 67-18776,Laws ofFlorida as anwMed wW as mandated,ky State Statute. NAMEM TODD MICHAEL PAROUNE FIRMmSFR OF PALAI BEACHINC DBA SNIPE ' "' AIL r'iLRI REACH INC 613 INDUSTRIALST r.. WORTH,LAKE FL1 A"R1 Issued 09,10W2819 Expiration date: XCE �; 7F contractor t -c whom qualifiedto r t i, i� , maintain, alter, to �° repair ---- kneing, including wotxl, pre-cast etsacr trr, re-fabricated fenc chid proof banier kiss) knees for pools, meelmnical swimming r ing coven said gale&, in compliance with safety, zitniiig and Istulifing erxks. Electrical installation may be included n fly.torr of for w oA,but mute subcontracted to a Certified EIRCeirical Contractor.(Rev.6/1114) t7 y NAME: Patterson Plaza ADDRESS: 1815 S.Federal Hwy Boynton Beach,FL 33435 Inteili-Tec Security is pleased to propose a Custom Camera Surveillance System designed specifically for your home,consisting of: Camera Surveillance S sy temq One (1) Alarm.com 16 Channel 6TB CSVR Price:$868.00 Eleven (11) Alarm.com IP Turret Cameras w/2.8MM Lens&XIR Price:$2,134.00 Eleven (11) Back Boxes Price:$275.00 One (1) 16 Port POE Switch Price:$490.00 One (1) Wire,Connectors etc. Price:$600.00 Two (2) Technicians to install,program and configure system Price:$4,080.00 Total:$8,447.00 Monthly Analy.iic I Cloud Storage:$43.00 Initial r ***Customer will provide internet connection in maintenance area for remote connection to cameras*** INITIAL INVESTMENT:$8,447.00*-CUSTOMER OWNS ALL EQUIPMENT. *Please note:Services are charged an 7%sales tax rate per Florida State requirements. This Sales Tax amount will total$591.29.Total cost with sales tax included:$9,038.29 Monthly Analytical Cloud Storage:$43.00 plus tax ESTIMATED INSTALLATION TIME:Scheduled Upon Approval DATE SUBMITTED: 4-30-21 ACCEPTED DATE: Y:Weston MacDonnell ACCEPTED Y: SIGNATURE: _... "*THIS QUOTATION IS VALID THIRTY(30)DAYS** 1200 Clint Moore Road,Suite 5,Boca Raton,FL 33487-Office: 767-9922-ww .intelli-tec„net L1c#EC13009902 ANNE M. G N P.O.Box 3353,West Palm Beach,FL 33402-3353 '*"LOCATED AT"* ! „I, CONSTITUTIONAL Ta COLL,ECT0R www.pbctax.com Tel:(561)355-2264 1 era$irk Palm Beach County 200 CLINT MOORS RD Ste 5 OCA RATON, FL 33487 Serving you, TYPE OF BUSINESS OWNER CERTIFICATION# RECEIPT#!DATE PAID AMT PAID f BILL 0 L 23-0169 ELECTRICAL CONTRACTOR ANDERSON ROBERT JAMES Jr EC13009902 U21.17791-09130!20 $27.50 640195668 This document is valid only when receipted by the Tax Collector's Office. STATEL ORIDA PALM BEACH 2020/2021 LOCAL BUSINESS TAX RECEIPT LBTR Number: 2021132952 INTELLI TEC SECURITY LLCEXPIRES: 30, 2021 �N INTELLI TEC SECURITY LLC ®°S 400 W DIVISION ST This receipt grants the privilege of engaging in or SYRACUSE NY 13204-1438 managing any business profession or occupation IIII'll'i ..II'III"I' f'I'IIIIIII'I"II 'I'lllllllllllll IIIII within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. 1 I, B E AC H C R A COMMUNITY CRA BOARD MEETING OF: May 11, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 13.A. SUBJECT: Marketing, Business Promotions, and Social Media Update SUMMARY: Throughout the month of April, the Business Promotions and Social Media team continued to focus on producing content and creative for a combination of print and digital marketing efforts to promote BBCRA projects and businesses located within the BBCRA area. Please see Attachment I for an overview of monthly initiatives. SOCIAL MEDIA INITIATIVES The BBCRA social media platforms were utilized to promote local business offerings and provide updates about BBCRA initiatives, including posts about the Spring Issue of the Redevelopment Works Newsletter, the available employment services available through our community partner Career Source, and the upcoming business promotional events that will take place throughout the BBCRA area during the summer. Additionally, a variety of posts were shared to promote local businesses, featured businesses included: Sushi-Jo, Scheurer's Chocolates, Sweetwater, Baciami, and Boynton Beach Dive Center. See Attachment I I for a full listing of the Facebook posts that were published in April. PRINT MARKETING Coastal Angler Magazine — In April, a quarter-page ad was published to promote the Valvtect fuel and marine diesel that is available at the Boynton Harbor Marina. The Coastal Angler Magazine is a resource for anglers, boaters, and conservationists and is the second largest free outdoor publication in the nation with 40,000 circulations per month in Palm Beach, Broward, Dade, and Monroe counties (see Attachment 111). Cost: $225 Marinalife -A quarter-page ad was published in the spring issue to promote the dining, fishing, diving, boating, and jet ski rentals available at the Boynton Harbor Marina. I n April, a digital banner ad, that linked directly to BoyntonHarborMarina.com, was featured on the homepage of Marinal-ife.com. Marinalife is a quarterly lifestyle and boating magazine that provides a variety of resources to connects boaters with marinas throughout the country. Cost: $600 BOYNTON BEACH BUCKS The Boynton Beach Bucks reward program continued with promotions for Your CBD Store and Guaca Go. This business promotional digital marketing campaign is a reward system that encourages and incentivizes community members to visit and patronize businesses located within the BBCRA area. The intent of the program is to provide increased exposure and sales for featured businesses. Here are some key highlights about the Boynton Beach Bucks promotion for Your CBD Store: • Community members and visitors were encouraged to take advantage of the special offer which was $10 off a purchase of $30 or more. • The promotion ran March 29, 2021 —April 11, 2021. • The promotion was shared on BBCRA social media accounts, to the BBCRA email subscriber list, to all City of Boynton Beach staff, and promotional posters with the offer were provided to Your CBD Store to be displayed within their store. • On April 3rd, staff worked the City of Boynton Beach Egg-Stravaganza event to distribute the BBCRA Like A Local Business Guide and information about the Boynton Beach Bucks promotion for Your CBD Store. • A total of nine (9) Boynton Beach Bucks Deals were redeemed during the promotional period. • Your C B D Store was reimbursed $90 for the promotion. • Individuals interested in the promotion were required to complete a short survey to receive the promo code. Analytics from the survey(Attachment IV) revealed o There were 93 respondents. * 83%were residents of Boynton Beach and 17%were non-residents. 0 15% had previously shopped at Your CBD Store prior to the promotion and 85% had not. 0 16% heard about the promotion on social media; 67% via email; 14% via poster at business; 3%from a friend or family member. 0 87% were interested in learning about future Boynton Beach Bucks promotions; 13% were not interested in future promotions. Here are some key highlights about the Boynton Beach Bucks promotion for Guaca Go: • Community members and visitors were encouraged to take advantage of the special offer to receive $5 off a purchase of $12 or more between the hours of 5pm and 8pm. • The promotion ran April 19, 2021 — May 1, 2021. • The promotion was shared on BBCRA social media accounts, to the BBCRA email subscriber list, to all City of Boynton Beach staff, and promotional posters with the offer were provided to Guaca Go to be displayed at their eatery. • A total of fourteen (14) Boynton Beach Bucks Deals were redeemed during the promotional period. • Guaca Go was reimbursed $70 for the promotion. • Individuals interested in the promotion were required to complete a short survey to receive the promo code. Analytics from the survey(Attachment V) revealed o There were 131 respondents. 0 78%were residents of Boynton Beach and 22%were non-residents. 0 34% had previously visited Guaca Go prior to the promotion and 66% had not. 0 41% heard about the promotion on social media; 40% via email; 12% via poster at business; 7%from a friend or family member. 0 84% were interested in learning about future Boynton Beach Bucks promotions; 16% were not interested in future promotions. During the June 12th Rock the Block event a variety of Boynton Beach Bucks promotions will be promoted for some of the participating businesses, including: Hurricane Alley, Mak Lash and Beauty, Pio Pio, Guaca Go, and E&C Beauty Salon Experience. REDEVELOPMENT WORKS NEWSLETTER In April, the spring issue of the Redevelopment Works Newsletterwas distributed to the BBCRA email list and promoted on social media. The newsletter included a feature story that highlighted Board Chair Grant's message that was featured in the BBCRA's Financial & Annual Report for Fiscal Year 2019-2020. There were also articles about the Public Parking Lot available at the 115 N. Federal Highway property and the agency's Purchase and Development Agreement with Boynton Beach Office Condominium, LLC. The #HitTheBiz section provided business spotlights for: Euro Market, Furniture Farm, H. Longo All State Insurance, Premier Medial Center of Boynton Beach, and Property Damage Consultants. There was also information about the various dining and marine recreation that is available at the Boynton Harbor Marina, as well as the 2 commercial dockage slips that are available. The newsletter also included information about the ownership transfer of the Historic Woman's Club of Boynton Beach to the City of Boynton Beach, program details about the Social Media Outreach Program, information about future Boynton Beach Bucks promotions, and information about the Affordable and Workforce Housing Grant Program and Neighborhood Signage Installation and Repair. The newsletter can be viewed here. BLOG -A SUMMER OF ROCKIN' EVENTS IN BOYNTON BEACH - A blog was published to promote the five upcoming business promotional events that will be hosted during the summer months throughout the BBC RA area. The blog can be viewed here. FISCAL IMPACT: FY 2020- 2021 Budget, Project Fund, Line Item 02-58400-445, Marketing $825; Project Fund, Line Item 02-58500-480, Business Promotions & Events $160. CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required unless otherwise determined by the CRA Board. ATTACHMENTS: Description D Attachment I - Marketing, Business Promotions and Social Media Overview D Attachment II -April Facebook Posts Attachment III - Print Marketing D Attachment IV -Your CBD Store - Boynton Beach Bucks Survey Results D Attachment V -Guaca Go - Boynton Beach Bucks Survey Results C'3 C/) z C) wp Y � � O baLU C/) a WZ � 2 am U p OZ U) Q Q Cn 0 W W � Q J � az U - O cn t O 4 C: LLIi_9 P uj 00 .0 -0 CIA J E ME to - � ��; LA.J ZLJ-J!= cnit cn LLI III uj ;!a lo cs O LLI ssl LLI n- r- t-ll fl� O A cn p a 1 0 Zh 1 LLI fv 4� r � � 4 c ` iy}r�t41 i3it4y�11tY111 I� 1 ao 0�3 i G p g O € u, h i mv En u � �4 10 ;� f Y ,As �a Fl ktssr a ii 1. 411 I x } Q I E co M � m O� ��, m ° O O E U p00 f� O N Q) O422 Bio 4-10 coco 4-1 V 70 M � � }' o o 0),n� M >, M Lo CY) Wa� > U 00 o O a� •- r-I (n n z cn U m Z f 04 _ yi in7 RE ..IE W CLt Ln LL t a° — 7 S mQ _ c LUr � m Q Z V O O a° o 0 OS �y� r� ip all VIE i n a� A� m°proap�=/ K K N am NLL1 4 m} w 4 N } Z s O 3� U 4-j (a M p O (oC)U O N I V N (D i 4-J Co >, o 0') CO 4-j N O U) .� (C) � CN Lo 4-JcoN Q O N Q 70bA � Q M _ O N O � � N (� 4- � � � � � � � � � 0 0 0 Co co c W o o 300 O V Q N N �I C'3 0O N -6� Ln U LU 00 Ix 0 imm LL V4 m Z ZLL U � T LU � g r � O d, N Q< �4 0. 0 Zm iir Y ,ht r y L yLi, t LU '2 'J ,-,i 91 4 O LLj C/) ...... 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J.,P�ar� s 1, 7r 1 '34-'G=D21 orlon the Egg j` �� i Sri1 G tfavaga za? 3 Ero ne.,hi "4',5,. c is Cr `S .M a 34='0132321 7a'z'3 6 ? =a r he vi y cc �- 4 April 2021 Print Marketing Coastal Angler Magazine � I y i ,s �r i t4 v. tFu: � h - xk �l Marinalife — d I It f, I �a S t rct, r i I Q I r s i 4 � 1 tits - t1�' d , - t� �. Iva Mss "AIM 21 about what Said while Wil docking the boW +F_ a 43 a to Mtra THF resNm,Fpr.F rt u' Boynton Beach Bucks - Your CBD Store Q1 Are you a Boynton Beach resident? Answered: 93 Skipped: 0 4� ii Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 82.80% 77 No 17.20% 16 TOTAL 93 1 /5 Boynton Beach Bucks - Your CBD Store Q2 Have you shopped at Your CBD Store before this promotion? Answered: 93 Skipped: 0 E Yes No III Elm= 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 15.05% 14 No 84.95% 79 TOTAL 93 2 /5 Boynton Beach Bucks - Your CBD Store Q3 How did you hear about Boynton Beach Bucks and this promotion? Answered: 93 Skipped: 0 Social Mediail Email I oil= Poster/Visiting the location tib From friend/famil 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Social Media 16.13% 15 Email 66.67% 62 Poster/Visiting the location 13.98% 13 From a friend/family member 3.23% 3 TOTAL 93 3 /5 Boynton Beach Bucks - Your CBD Store Q4 Would you be interested in learning about future Boynton Beach Bucks promotions that help support local businesses? Answered: 93 Skipped: 0 Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 87.10% 81 No 12.90% 12 TOTAL 93 4/5 Boynton Beach Bucks - Your CBD Store Q5 If you answered yes, please provide your email address for future Boynton Beach Bucks deals. Answered: 76 Skipped: 17 5 /5 Boynton Beach Bucks - Guaca Go Q1 Are you a Boynton Beach resident? Answered: 131 Skipped: 0 Yes C No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 77.86% 102 No 22.14% 29 TOTAL 131 1 /5 Boynton Beach Bucks - Guaca Go Q2 Have you visited Guaca Go before this promotion? Answered: 131 Skipped: 0 Yes R4iti4 a No III 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 34.35% 45 No 65.65% 86 TOTAL 131 2 /5 Boynton Beach Bucks - Guaca Go Q3 How did you hear about Boynton Beach Bucks and this promotion? Answered: 131 Skipped: 0 Social Media n Email Poster/Visiting the location From Av friend/famil {\j` 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Social Media 41.22% 54 Email 39.69% 52 Poster/Visiting the location 12.21% 16 From a friend/family member 6.87% 9 TOTAL 131 3 /5 Boynton Beach Bucks - Guaca Go Q4 Would you be interested in learning about future Boynton Beach Bucks promotions that help support local businesses? Answered: 131 Skipped: 0 s Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 83.97% 110 No 16.03% 21 TOTAL 131 4/5 Boynton Beach Bucks - Guaca Go Q5 If you answered yes, please provide your email address for future Boynton Beach Bucks deals. Answered: 107 Skipped: 24 5 /5 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: May 11, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 13.13. SUBJECT: Social Media Outreach Program 2nd Quarterly Report (January-March 2021) SUMMARY: The following is a list of the Social Media Outreach Program (SMOP) business development activities from January 1, 2021 to March 31, 2021 (see Attachment 1): • 66 Businesses are currently registered in the Social Media Outreach Program (98 have registered since program inception) • 3 New businesses added this quarter • 55 Business contacted this quarter (contacts are done in-person, via phone, and via virtual platforms) Social Media Outreach Program Elements • One-on-one social media assistance with businesses has helped businesses to promote themselves and grow their following (see Attachment I I for examples of assistance through the Boynton Beach Bucks Program with the Seamist 111, Pio Pio, and Your CBD Store)with various social media platforms such as Google, Facebook, and I nstagram. • During the COV I D-19 Pandemic, local businesses have been adversely affected. In order to assist BBCRA District businesses with promotion via social media, the BBCRA has created specific social media campaigns to engage our audience to patronize local businesses. Please refer to item 13.A. Marketing and Business Promotions Update for a full recap of the Boynton Beach Bucks campaign results • The Boynton Beach Insider Blog is ongoing to aid local businesses and the BBCRA with web search engine optimization (SEO) and to build awareness to the Boynton Beach community about local businesses and CRA projects and programs. From January to March the BBCRA has published the following (see Attachment 111): • "That's Amore's Margherita Pizza - Bon Appetit Boynton Beach" published on January 5, 2021 featured That's Amore https://boyntonbeachinsider.wordpress.com/2021/01/05/thats-amores-margerita- p izza-bo n-ap p etit-b oynto n-b each/ • "West Industrial Avenue - Boynton Beach's Center for Specialty Services" was published on January 29, 2021 featured A+ Auto Repair, Noel's Auto Repair, DM Auto Repair, Kostas Auto Repair, Certified Truck & Auto Repair, LeRoy's Paint & Body, Boynton Beach Small Engine Repair, Marcinkoski Gradall Inc. https://boyntonbeachinsider.wordpress.com/2021/01/29/west-industrial-avenue- boynton-beachs-center-for-specialty-services/ o "Boynton Beach Boulevard - Gateway to Downtown" published on March 2, 2021 featured Lighthouse Academy, Local Services, 4 Reel Services, LCS Master Construction, Premier Medical Center, AAA Mobile Auto Repair, Imperial Insurance, Canna Wellness Center, Gator Agent, and The Inn at Boynton Beach https://boyntonbeachinsider.wordpress.com/2021/03/02/boynton-beach-boulevard- g ateway-to-d owntown/ This quarter, the Boynton Beach CRAs Social Media has grown in numbers enabling more outreach for businesses if connection is made with the CRA's platforms. Attachment IV contains examples of the top performing posts and all posting activities during this quarter. The results indicate the effectiveness of using social media as a marketing and promotion tool as there is a steady increase in all platforms in each quarter this fiscal year. • Facebook has grown by approximately 83 followers since last quarter(from 5,997 to 6,080) • Twitter has over 10,500 impressions in the last quarter • I nstagram has reached over 7,000 users in the last quarter Compared to March 2020, the BBC RA's Facebook has grown by 479 followers, and the content has further reach, and more daily engagement than the previous year. The shows quality audience retention over the past year(Attachment V.) Upcoming Activities Include: • Assist in Boynton Beach Bucks Campaign, and instruct participating businesses on how to run and manage their own campaigns modeled after the Boynton Beach Bucks program • Develop new social media strategies to assist local businesses via the BBCRA social media channels • Continue with one-on-one business assistance • Continue updates of the CRA's business listing • Collaborate with the Business Promotions Team for upcoming events in FY 2020-2021 to assist in recruiting businesses, creating the Social Media Kit, and assistance with social media during the event • Coordinate with BBCRA Grants and Project Manager to promote the SMOP Program to prospective grant recipients • Continue in-person business visits to spread awareness to businesses on BBCRA Resources FISCAL IMPACT: FY2020-21 Budget, General Fund, Line Item 01-57400-100, $53,524 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required unless otherwise determined by the CRA Board. 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U N N ` O _ >O co d Q - r- 00 IT O m m m O 1-1 r-I 1--1 N Attachment II One-on-one Social Media Assistance Boynton Beach Bucks The Boynton Beach Bucks campaign has given the SMOP Program a unique opportunity to assist business in showing them how to run a multifaceted campaign to promote their business. The goal is to instruct businesses on the different digital marketing platforms so they are able to replicate the marketing strategy used in the Boynton Beach Bucks campaign. The Boynton Beach Bucks campaign is designed to attract local residents to patronize BBCRAArea businesses in order to create regular customers for local goods and services. Boyntot" Beach Bucks$ Boynton Beach Bucks-Sea'Mist III Valid February 6-21,2021 RECENTLY EXTENDED Boynton Beach Bucks is a reward system that is designed to incentivize visitors and'community members with special offers and exclusive discounts in an effort to increase patronage of small businesses located',within the Baynton Beach CRNs area. Please fill out the brief survey below'if you would like to claim your Boynton BeachBuckspromo code to receive $10 ofFeach fishing trip ticket purchased with the Sea Mist 111.This Boynton Beach Bucks promotion is only valid' for charters booked between February 6,2021 and February 12,2021,and is available on a first come first serve basis. The participating business is first given their free, professional, business promotional video (provided by the BBCRA.) The video is then used in a promotional ad on social media to promote brand recognition for the business. The SMOP Program shows businesses how to publish a Facebook Ad that targets increased video views to promote their published video. Ad Pravda Boynton Beach C'_RA pStec, - ,, c o to pr a? rt Boynton Beach Bucks, Have you tried c Po 7 Visitt�" 4re6icious Farr i',y-ovvrd e#t bl-sh ,ent on Oca�rve%e it the heart of Downtown Boynton .act"' Stat-t nad for ar uccorring Boynton B aci, Bucks dleaforyojr chance to erajoy s n,,etr�r tasty froP on o Ocea,i,.. S ' ! ;i7tr � { r vm Imo{,s Robert`.'; alyd 24 io*I'iers E,, CIcjn-riert 4 d',(-'., n--a Pvlost Relevant Write a c jos rre-t.,.,.. Chris:Roberts Love your food ane the service :s 1`mpeccabie, Love eating in, your outside eating area, `Yong Arno d Parrrier is so different and deli^viou , I've recreated tat roma:,, One week later, the Boynton Beach Bucks deal goes live. The SMOP Program shows businesses how to publish a Facebook Ad that specifically promotes web link clicks. This type of ad can be used not only for surveys (like Boynton Beach Bucks) but can also be used to direct customers to a business website. Desktop News Feed Boynton Beach CRA E EN T Y EXTENDED arc nrrov, fart tic daHyrLrps, FcI a dri ed tirre, ,recelR' 51,01, off any trb cked b t,a e r Febr laP"y 12-21 2021 w-"zh t s ; fir* r reach Bucks special offer, n fly -- k t 7 l� f, S S 1� td 4 � t t �M s 10Off Drift Fishing Learn More t 3; LilowComment Shi p` The participating business is also given a custom printed poster to hang at their business (provided by the BBBCRA.) The SMOP Program shows businesses how to design a free custom flyer using Canva.com. B- oviltall f U L SCAN OR CODE FOR $10 OFF A PURCHASE OF $30 OR MORE VaLid March , - April 11, 2021 R1 R1 s =" C �� /A f The Boynton Beach Bucks program also utilizes e-mail marketing to help share the promotion. Participating businesses are also encouraged to send out the Boynton Beach Bucks deal to their existing email list. Boynto Beach Bucks$' 1 R1 � t 'X= w PIO PIC} LUNCH SPECIAL Have you heard about the new Latin flavor that has came to Downtown Baynton Beach? SMOP has assisted the Sea Mist III (700 Casa Loma Blvd), Pio Pio (510 E Ocean Ave), and Your CBD Store (1600 N Federal Hwy #9) with their Boynton Beach Bucks campaigns. Attachment III Boynton Beach Insider Blog Posts January 2021 through March 2021 January 5, 2021 That's Amore's Margherita Pizza — Bon Appetit Boynton Beach s. 6a(ON APP9TIT (Boynton (Beach a 1� F'�11 i r n t t P 1, Z E I s ha}} That's Amore (located at 308 N. Federal Hwy.) prides itself in authentic Italian cuisine, and Neapolitan style pizza. All their pizza is baked in a special wood-fired brick oven that was hand-made in Napoli, Italy and shipped to Boynton Beach specifically for That's Amore. All of their delicious dishes are made with fresh ingredients, traditional practices, and a love for Italian food. Visit That's Amore to taste the authentic flavors of Italy without leaving Boynton Beach! Ingredients- Pizza Dough Tomato Sauce Whole Milk Mozzarella Cheese Fresh Basil Pecotino Romano Cheese Steps- 1. teps:1. Preheat oven to 500 2. Stretch pizza dough 3. Spread tomato sauce on the dough 4. Add fresh basil, pecorino cheese, and fresh mozorella, leaving about 1 inch at the edge of the dough 5. Bake at 500 for 5-8 minutes January 29, 2021 West Industrial Avenue — Boynton Beach's Center for Specialty Services Are you familiar with the industrial businesses located in Boynton Beach? Located directly off of Boynton Beach Boulevard, just west of 195, lies the Industrial Arts District located on West Industrial Avenue, a bustling industrial and artisan complex comprised of many locally owned and operated businesses. This third installment of our CRA insider look at the businesses operating out of that area provides a brief overview of some of the auto repair and specialty services that help to contribute to the city's thriving industrial complex. These businesses welcome the opportunity to provide you with a top-notch, personable experience. Continue reading to learn more about these businesses and consider supporting them for your current and future needs. A+ Automotive Repair 750 West Industrial Ave. #12 A+ Automotive Repair prides itself in excellent service and affordable pricing. Their trained mechanics work hard to get your vehicle running at its peak performance. Their goal is to help their clients get back on the road as soon as possible. Connect with A+ Automotive Repair today by calling (561) 441-3249. x �s CT x Noel's Auto Repair 700 West Industrial Ave. Noel's Auto Repair specializes in oil, lube, and filter services, as well as air conditioning repair, for all makes and models of vehicles. This locally owned and operated repair shop wants to ensure you a safe and comfortable drive at an affordable price. Call today to make an appointment. Connect with Noel's Auto Repair Shop today on their Faceboo or by calling (863) 677-7275. DM Auto Services 750 West Industrial Ave. #11 DM Auto Services is conveniently located on Industrial Avenue in Boynton Beach and is locally owned and operated. They strive for quality work in a timely fashion. Visit them today to get your vehicle repaired quickly and efficiently. Connect with DM Auto Services today on their Faceb or by calling (561) 336- 1161. Kostas Auto Repair Inc. 520 West Industrial Ave. At Kostas Auto Repair Services, the trained automotive specialists will ensure their customers that repairs will be done in a timely manner and at an affordable cost. They strive to complete all repairs correctly the first time to ensure customer satisfaction. Connect with Kostas Auto Repair Inc. today on their Faceboo or by calling (561) 734-1392. s � n iu 1( t s ,— Certified Truck & Auto Repair 700 West Industrial Ave. #1 Certified Truck & Auto Repair boasts nearly a 5-star review rating on Google. This local mechanic takes pride in their work and ensures client satisfaction with every repair. Call today to book an appointment to get your car or truck performing at its best potential. Connect with Certified Truck & Auto Repair today on their Faceb e or by calling (561) 736-9132. LeRoy's Affordable Paint & Body 680 West Industrial Ave. LeRoy's Affordable Paint & Body provides paint, collision services, body work, and framework at an affordable price. The trained staff at this local Boynton Beach repair shop will restore your car to like new condition! LeRoy's welcomes both call-ahead appointments and walk-ins. Connect with LeRoy's Affordable Paint & Body today on their I or by calling (561) 732-8839. Boynton Beach Small Engine Repair 602 West Industrial Ave. Boynton Beach Small Engine Repair specializes in lawn mower and small equipment repair. Their motto is "preventing down-time, one small engine at a time." Call them today for speedy and efficient service. Connect with Boynton Beach Small Engine Repair today by calling (561) 396-4633. �Ty ' t ,r f Marcinkoski Gradall Inc. 422 West Industrial Ave Marcinkoski Gradall Inc. has been a staple in the Gradall excavation industry throughout the State of Florida for over 40 years. Their superior standard of operation has helped to sustain them at the top of their industry for this length of time. They are professionals in road services, lake management, and landscaping. Connect with Marcinkoski Gradall Inc. today on their website or by calling (561) 736-8122. March 2, 2021 Boynton Beach Boulevard — Gateway to Downtown Boynton Beach Boulevard is one of the primary roads within the city that acts as a gateway to connect our western and eastern communities. Perhaps you've traveled along the boulevard to access Downtown Boynton Beach, the Boynton Harbor Marina, or on your way to visit our beautiful sandy beaches. It's easy to frequently use a main connector road like Boynton Beach Boulevard, and to be completely focused on your destination that you fail to recognize the offerings of the area. The next time that you drive down the Boulevard take a moment to look around and recognize the established and new businesses that contribute to the vitality and diversity of Boynton Beach's thriving network of small businesses. This is the first blog of a three-part series that will introduce you to the businesses located along Boynton Beach Boulevard. Continue reading to learn more about some of the small businesses in the area and consider supporting them by shopping locally for your current and future product and service needs. Lighthouse Academy and Child Development Center 202 West Boynton Beach Boulevard Lighthouse Academy offers specialized programs for children between the ages of six weeks and five years old, with curriculum for Infant/Toddler, Preschool, and VPK. Lighthouse Academy has become a beacon in Boynton Beach for their high educational standards. The early learning center uses the Creative Curriculum, which uses creativity and exploration to engage and encourage children, while simultaneously developing confidence and lifelong critical thinking skills. The nurturing staff at Lighthouse Academy is committed to early childhood education and welcomes the opportunity to speak with parents who are looking for a safe and loving environment for their little ones. Connect with Lighthouse Academy and Child Development Center today on their website: https://www.lighthouseacademycdc.org/ or by calling (561) 734-1880. h t a Local Services 140 West Boynton Beach Boulevard Local Services is a modern service center that offers a variety of specialty services — tax preparation, notary, international money transfers, fingerprinting, etc. — to serve the local community. The locally owned company also provides training services to assist professionals with advancement in their designated careers. The available training includes Continuing Education Units (CEU's) for the licensed and registered nurses and CPR Certification. Connect with Local Services today on their website: ht!p-//Iocalservices.net/ or by calling (561) 408-1817. 4 Reel Services 332 West Boynton Beach Boulevard #2 The dedicated team at 4 Reel Services has been serving the South Florida fishing community since 2006. Their facility specializes in the service and repair of a variety of fishing reels; including salt and fresh water reels, power assist reels, and electric reels. To ensure customer satisfaction, they only use factory parts from the original reel manufacture. Additionally, they manufacture their own line of 4 Reel products which includes rod & reel cleaner, lubricant, marine cleaner, and scuba cleaner. All of the 4 Reel products are environmentally friendly and can be used for a professional-grade clean. Connect with 4 Reel Services today on their website: tt :// w.4reelservices.com/ or by calling (561) 509-9055. \t uI I LCS Master Construction 322 West Boynton Beach Boulevard #6 LCS Master Construction was founded in 2016, by general contractor Lorena Chaves da Silva. Proudly located in Boynton Beach, the company is a complete design-build firm that offers a variety of construction services, such as bathroom remodel, door renovation projects, hurricane proof windows, and roofing. Their qualified team of designers, architects, contractors, and engineers all work together to help bring their clients' vision to reality. If you're looking to renovate your current home or build a new one, contact their team for a free, no-obligation estimate. Connect with LCS Master Construction today on their website: tt ://Ic t .c / or by calling (561) 335-4979. Premier Medical Center 326 West Boynton Beach BoulevardDr. Monica-AAPRN (Autonomous Advanced Practice Registered Nurse), is a proud Family Nurse Practitioner, operator of Premier Medical Center, adjunct college professor, and longtime resident of Boynton Beach. Dr. Monica's is passionate about her work and strives to showcase the upmost level of compassion, integrity and excellence! Her newly opened medical facility provides primary care and preventative health management, school or work physicals, urgent care, and laboratory services. Premier Medical Center is committed to the health of the Boynton Beach community. Connect with Premier Medical Center today on their website: miermedicalcenterboynton.com/ or by calling (561) 767-8230. r L qrl\� \k` 11i c T h,� 1 S 444 s i tr 1 AAA Mobile Auto Repair 302 West Boynton Beach Boulevard Conveniently located at the Marathon Gas Station, AAA Mobile Mechanic offers new and used tires, AC services, brake services, tune-ups, diagnostics and more! AAA Mobile Auto Repair also understands that a trip to the mechanic may not be convenient for everyone, which is why they offer mobile mechanic services that allow your vehicle to be serviced at your home or office. Connect with AAA Mobile Auto Repair today on their website: https://86jeremy.wix ite.com/htmI aaamobilemechanic or by calling (561) 523-8155. Imperial Insurance 322 West Boynton Beach Boulevard Imperial Insurance offers more policy options, rates, and services than most other major insurance agencies. As independent agents, they can build your policy from several different insurers, not just one company. They will work with and for you, to ensure you will receive a quality, low-cost policy tailored to fit your needs and your budget. Connect with Imperial Insurance today on their website: erialinsurancegru .c / or by calling (833) 933-2886. c MW Ott Canna Wellness Clinic 432 West Boynton Beach Boulevard The medical professionals at Canna Wellness Clinic offer personalized medical cannabis treatment plans for their clients. Their professional team is committed to assisting their patients in finding all-natural and innovative approaches to their health and wellness. If you are looking for an alternative approach to modern medicine, their team can help you make educated decisions about your health in a supportive and compassionate environment. Connect with Canna Wellness Clinic today on their website: tt ://c nnawellnessclinics.com/ or by calling (561) 286-7685. Gator Agent 444 West Boynton Beach Boulevard At Gator Agent, they offer a diverse array of services designed to help their customers manage the challenges of everyday life. Their trained staff will work with you and your family to provide personal and business income tax preparation services, assistance with immigration forms, credit repair, and other business services. Connect with Gator Agent today on their website: https://www.gatoragent.com/ or by calling (561) 972-5222. The Inn at Boynton Beach 480 West Boynton Beach Boulevard Conveniently located just off I-95 between Boca Raton and West Palm Beach, The Inn at Boynton Beach is the premier choice in affordable Boynton Beach hotels. The cozy hotel is located just one mile from the sun, sand, and surf of Oceanfront Park, and close to shopping and entertainment in Palm Beach County, while being within walking distance of Downtown Boynton Beach. No matter what brings you to town, you'll find total comfort at The Inn at Boynton Beach. Connect with The Inn at Boynton Beach today on their website: https://www.innatbointonbeach.com/ or by calling (561) 734-9100. -- kk l 1j� 1�4 4 �S Attachment IV BBCRA Social Media Top Business Promotional Posts (1 /1 /21 - 3/31 /21 ) Post Detads Perforinance for Your Post Boynton Beach CRA I y 4 ®r 2,464 Claim your Boynton each Bucks for$10 Off Sea Nfisl If! Drift Fishing, 86 This limited-time offer is only available Feb 6-111th. Follow ihis,link to cIav your Baynton Beach Bucks today 65 11 54 hl4)sJ,"bit ip3pRdDU -,r, 8 2 6 j 13 9 4 143 14 24 105 NFG ATIVIE f EEIDBACK "rAl�o aA Get More Likes,Comments and Shares Vhenyou bcosittht's post yon ll shcw a to more peopAe. 2,464 229 �"eople Ru ad-ied Efig,3gerrrer,-- 0--auren Adarrs, ve'cc,.asies Ccqppr arid;ctl,vs 2,C'orvn "S W E' Wires Performance for Your Post Boynton Beach CRA Feb%a'y� �j 1,114 New business Merl.' 54 ,7, EUre Nlark;et 2 is novq open at 312 N Federal Highivay in the Casa Costa SLhopping plaza. 40 26 14 Stop by for specialty european products,a delrclous deli, and imported beer fn arvdwine� 9 2 'Dr" Jr, 2 "DrI 9 4 5 RO 21 0 59 :J n' NEGAT IVE f EED8,'CK 0 0 q- 0 0 1,13, !""e, 'T Y,"Y-L"'I I t t Get Mo fe Likes,Cornments and Shaves h 'When you boost tis pov,You'll show it to more pecp-"'e 1,114 134 Post Details Performance for Your Post Boynton Beach CPA by Reret,^,iv1,wViPhe Pobels : Navenher 1,074 New business alert' 48 Scheurer's Hand-Mpped ChocoWes is now open In Ocean Plaza x,640 E Ocean Ave � *ShopSmaH and pick up your Holiday treats today32 0 0 1 �,,rx C,,F= F.- 7 7 0 4 4 0 5 5 0 R- 43 9 0 34 �� lrt �i?} �� `t r, ,� NEGATNE FEEDBACK 0 0; P, 0 01 e 2a e, Schpurer's Hand-Dipped Chocolates NJ ovem bR-',� it 8oyrtvi Be8W�,iDCa.112,r1 -.F,51O.-GUarl" P%eufer,s Fna,�Y oper,t,ba, ness sr aur read irc rnp,i.ed c Cc,-e sr---i,�ir beautV store in, More 1,074 91 Boost Unavadabte r,eCPte,qeaV1,ed En g a 9 er F,r f S C)o Liu-en Adan-7 3,7,5 M ethers 3 Comm&-,.s 5 Shares Mdeo Detail r f, Total Video Pefformance � Minutes Mewed 892 ., 1-MinPrute Ateo Vmws 16 t� t - I O-Second Mdeo Views 1.410 3 ryf)4�{ Pft 1 i' s3-Second rodeo Views 2,397 _ Average VAeo Watch Ti 0,12 1 Audience Retention Boynton Beach C Have Y ,u rre,M Pig. 2,w Goea,r7 Ifisr,. 'hi. d&i,,.z.,5 Au fence and Engagement Avenue,«the heart au D�,int vAri S,c.yantor eearH Stas!unau for up L ^,ng y _r Rea,�h ,eil r.wr Y,,, b. 10 .5,07_',h ig t5my from,Pio Dcea 'Aden Details Total Video Performance Minutes Mewed255 ' t-NAinLAe Video Views 63 t il-Second Mdeo'hews 265 '4 3-Second VideGViews 723 Average VideGVVatch Tine ,audience Retention Boynton Beach CRA l,'A t 1.n Be-vn more _v, ^.he__,slits c�,BC-,jet ft xv y-C_ -`Ore. Audience and Engagement 10V'74! boyntonbeachcra �r ,u1i 11.1pt Frark's Seafood rVarket w U' iS boyntonbeachcra Have you been to Captain Franks Seafood Market? l! TTBhopLcrcai for the freshest seafocid" �;�}i Sst }r ! EA , abeachinprfe I miss shopping at :� Captain Frank;s I„=,e fie.1y �01�� guacago The best! { r u.Id rx - josiesristorante Lome this! Yes„ ks u,. --ShcapLocal4 On IV ya hke 4p,.I., a Liked by reneedventures and 84 others kt, Brymon Beach,Flcrida Ttl boyntonbeachcra We p' ve to see =localbusinvsses give back and make #Boynton,Beach more beautlfull. arab a sponsored bucket from @ lbycydestrsre or v kls;e; k s� �mt;3 '� � ,�,.- @�Sc7yFTt�JR'��.3E'e7C`tidr ecer'�aer and hep tt�� keep carr beaches clean thanks to p beact'tp,ucketfcrtandatior"r i; 11 F beachbucketfoundatian Thanks � you! It takes a vilIage.. + deiraybeachexp Support Iocap ! ,k Liked by cityofboyrttonbeach arnc9 a7 other`s `ra � U You Retweeted C The Butcher aind The Bair @ Butchera nd Ba r , J a n 55 HOTDOG Tuesday \Ccrne in anytime before 4P'M and grab yourself a tasty 100%, beef, hicu,se made hotdog! W, -24 --j U L Bujltchlev 9E�uld-,iersl-iop #Ueanrvleat #1(tinf,-J-, #fiCc--idip n Itc.her CV-1 Ybu Retwel Pizzeria Tats Amore @73-thatsamorepz - Feb 24 F'rlday Fein 26 ,11� Buy 1 get 1 FREE pasta c1l'sh Thl Amore 3,08 N Federal Hwy, Boynton, Bch, ,/,/ 5,61-8,01 -4842 To get thil deal, place your order online Qr` T'HAT"S AMORE - BOYNTON BEACH. FL 33435 (Men... 10, , i Ordine ordering rnenu for THAT" AMCRE, Welcorne t 'That"s Anil the, o pilace, of deh,clous pasta, sallad.. 69 tI7,,i,atsarn&l-e.rnenuf co 111 The BBCRA Facebook has grown by approximately 83 followers between January 2021 and March 2021 . TbIal Page Followers: 6,08,0 7,61-,-M ;:aqe, Fo,'vivers, 57997 67080 The BBCRA Twitter has over 10,500 impressions between January 2021 and March 2021 . Your Tweets earned 10.5K impressions over thus 90 day perlod 2 OK I C)K The BBCRA Instagram reached over 7,000 users between January 2021 and March 2021 . Posts Any Reach Last 3 Months "roil � r AF 66" i � F t-i f a, sl } 11 "f tL BBCRA Social Media Posts (1 /1 /21 - 3/31 /21 ) The following is a list of all BBCRA social media posts for the 1 st Quarter. The BBCRA social media posts consist of a variety of BBCRA events and projects and programs, original content with information about BBCRA businesses, and shared posts from BBCRA businesses. In general, additional paid boosts or advertisement are used to highlight a special campaign or event in order to reach a broader audience. As a result, these promotions brings a higher number engagement. An alternative to paying for the paid advertisement is to vary the content of the post by using videos, trivia, contests, etc. in addition to the still photos or images. This quarter's social media data indicates: • The highest engagement on business promotional posts correlates with the Boynton Beach Bucks Program • Paid boosts and video posts have the highest numbers of reach as expected • BBCRA development projects continue to perform extremely well without paid advertising • BBCRA Business Promotional Videos have the next best performance numbers • Posts on Friday afternoons receive slightly more engagement than other days of the week Date Post Content Type of post Reach Engagement Paid Promotion t11+1 , Sometimes you just need:a 3 1 9,`2021 A, - FM30, little push in the right 6 i 5 OV0942-021 The next Boyrron Beach 2 CPA Board Nfeeting will M9 "!A. 4 3 01 til TGIF'Try P{o Pro Ocean lor19 tonighe tf 436 13 happy houl OVD&TO21 Fish Depot has stone crab' s r 337 11 Pick up this IoCaI delhcacy 01107; 0121 IS youir New rears 3 F,v resolutroin to learn 1 0110712021 Learn more about the 4 149 Boyrilon Harbor Marina 1 OUD&20211 The Boynton Beach CRA 1 178 2 Advisory Board's meebug 0 VG&'2021 AASea Living,'Studio is M 2 i -I PO4 OW I rE� f257 teliniing up vJlh Gry of 6 01 P0,612021 'Id%arm up with a delic4ous28 1,'1 A bavel of rarren at TWO kA 3,69 13 00-0 5;20,21 CmgrMulafiors to all of the 948 93 9MM L winners of our BonAppe-lil 51 Taloa]Q@k at That's 17 94 1 41irnore's Nlargeirita Pi 011,105rN210,1e hope you have,enjoyed 224 13 ii viatchmg Boin Appefit 1 01x'0 4t20121 Ring in the Neiov Yearn ith, 1 ".Y267 NOVUS Fs-rape Roorn,- 6 01104/2021 Take a iQp k at the Bonton Beach 9 CRIA's qu172arterty rrews�,etter. 5 ONp The Holidays may be over, 7 VO 120121 434 1,10 IY but luckily iv,,e lk�e in 1 OVD21,2021 Looking to kick-siad your 3 Y "En 250 t1e%v'Year in a heal1hy v,ay? GIIIDI;2021 Happy Neve"wear The y422 7 0 Be, rilon Bea&GRA would 4 Date Post Content Type of post Reach Engagement Paid Promotion 1€19x'2021 Shop for your Fiera favanle 5 C,1 341 accessory at Phairis 4 1Yl 9,,'2021 Lunch,is back aECafe 6 k1A 352 1112021 Today is Martin Luther Kang �, , � 0 yr ii ay Please be mvar `s a ,. 11T2021 Brunch,w The Butcher and � � r The Bar anyone"' � 1x'1&2021 Don't miss your chance for ,: 93 Don't miss the avAy % „ 19' 1 �} 1y15/20 1 Pro Pio Ocean:wast,, 503� 66 3, featured as a muse=-see,in 2 � M141,202,11The C R� over'ta�,�the 8143 V i' 993 corns e'lion sit�a 1 4 acre 38 M 1114120211 Did someone say unch? 19 Try Brand Street Aie and �.ai 7 11 1=1 i2tt?1 VisR The Butcher and The „r 11'1 5 Bar for"Tire Abe.”0111 3 1 x 1 ,P2021 Take a �Qgk at that taster 21 4 r ri bread from Def oP tm 3 � 1+12Y2421 Book an adventu re with 5NO 2'64 � {,i, oyrilon Beachi BeachPassu iMgl a R%i 1y1112021 The neoynton Beach '114 „}. j P'V CRA Board Nle fin vaH 1 1x111"2021 Draw your funny friend need 11' X13 a r��akra�n:+.erF t�fa�'e cru Q 1r1 V2t121 ; `Mrvt 1r ur°Monday the ON Monday j 140, 110;2 21FiuniJ at `yea Chanters is 64 5 n N 4t' c�ftx�arn '10%of when you 13� 1 1x+0 29121 Sometimes you just need a »,;n 3016 3 r`t. little push w the rrs3ht, 5 ' Date Post Content Type of post Reach Engagement Paid Promotion )1,12SY2021 Check Oul out 3rcl W090 about Vie specialty serJces vA 128 01 1 f2 2 21 Take a l at the newl'Y31: renovated Hislovic 4,4 5,63 14 1a2 p2 2i New'Y`ear nev,,hobbyl It I you've alveaysvianle'd to 141 1 1,12QUI Tires low an air",I Visit Easy Fa, 155 2 o Tire, Storer , Treat yourself to a da,,; on AJ27�2021 0 3 2 Iliewatef with Fish Envy ?10 W.M2021 Get your best lim at 25 10 tfi' 0 Alchemy' Book&n I )1,o'2)&2G21 %`,e love to see local 45 9, 3 businesses supporting 12 Mi )V.25Y2021 ivlark,your calendars Feb 5 il t V 424 � I-- 13W Join Arigel's Secfel 9 )1)25,x2021 Did you know that all of2 Carer on (3rounds Brevv N kA 135 4 1424�20211 Did someone say brunch-I 83 2 1 Or W a Celebrate Sunday wAh 1 )1V21'2021 Enpy yourvieekeind out on 7 326 the water%,vith rritracoastal 5 Please be aware of the LA 334 temporary dosure,ne-.�,,J 3 1 x22,2 21 N.,it youi,goat to be-, 2 heafthier in 20217 65 0 )1121 x20211 Valentine's Day is quit1dy4 1, approachingil#ShopLocal 2,36 4 )12V2021 The Coffage DistnO is 183 VA 1�2K coming to the Heart of 31 )1,12W20211 Looking for souiet hing nev,, 04 01, 147 4 totyr Jin the N evu-'Yearl 3 112 I)TI20,(2021 Smarbng V.Vednesday 4 IS 11" tl�IK January M aliS 00 a rn 10 Date Post Content Type of post Reach Engagement Paid Promotion 01131)'2021 the Boynion Beach CRA7 I 16 Advisory Soqr6s nleetwg 0 Spred The Dub 6s tive 2 101, 1 V" TO MG HT W The Fish 01fZS'2021 Check out our 3rd blog 120 about the spedally-senoces 8 0 Ov'ax,,,your caleodar sr290 10 s Caywitf- 7 0 2 2 0 2 1 7-a Boy-io--i Seach CFA�,5 p,,,!:-t4 rc� 328 25 announce m—E'13,un&,o4 10 02 CS,2021 rth ex S-,y m t a, a 1,17 Board lea Niru tvtake place LD 0 21,1 1,2 0 2 1 *ShopLocal 2,110,19 3 Day arkcwdcy I'mr,Teie 3 0 2 2021 Vake vouMorday a Int!s 222 5 slwveq��e'r ar,Organic j�,'aclher, 1 02,107!2021 T'7�e neil Eoynrcm Se3r�t-CRA, 28n 3 B w j,t,ake r�laze 3 oard Meeur 0 71 .d1 r flV%Y-v oietter 15Ia e¢ vor sTp Irl") 7-93 r r, r a', Sig Ganir ,man 02ID51170-111 I SAI busiriess ala�n`Euro J %A,3r�et 3 r 2 � cewg op Ht 317-1 N 0` IDS,2021 yc.j; �„Iine 5orne,'him, 21-0 vas); "rain Dei S o I Ea,k ery, Tf,s rext Gea&,CRA 81 2 Eiaayd%I�e-Mrg vvE ta-lA 0 2,u 4 2 0 2 1 M y 0,U r t-,7 B e a c 1 2 2 9i±_,� ,a,3Y",'�Dff_e3 IJ i v Ill 8 0 21'CA,2,0-21 OVV.-rm a m rn,:,7 12 S 2 M G-r ju n ds 8 revv&FRoas-,ery4jo 1 02',CI2021 {W V e',IJ S E'e Z,r-k3l,C-3 bus,rersez suppot ear it t at 02,, 1,M'i Bnyrian Sea.-h CRA 5 Adv*ozy Board'5 �ew�ng lor 1 1 To 7 j s sd a y i s �,oa a y a Al lay, II”, 02,L107i2021 Have yolu',ritd Tr�y 15 kA, have eve-y-�Z'y 91's Tle,Sea Miv fshr 21 clav,er sapr cii V rhe S,,,:,Ynt a,,bc r Date Post Content Type of post Reach Engagement Paid Promotion bu_irie�r and--iousr� Gr rs rd 1 f 021'24.'221 � ifrerts ' ` 3dr Aura vkitr Sra a lotq Adm` ?i3 1 y aor-, 0 orq� . 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T;arr� 01«2202" c ra rn your 41yrrt r Bea& V4 252 fd 1 Buc�s ori Buy 1 Gam, 011 rv?/rt a�: r C yrs+Y"1'y:` -.-k 4 ' 02,",&2021 T' res B e` G�e,o-jair-, NO 500 5 Bovrioq Baser Euck5 this 0 2 aS'2021 6i w,-ezi r f r as m at' C r via d 8vynt:t r, 6_s'r7 CJ T'; ��1 )Netrs7t ; n uzfr,1,utd" _" 7 1 H! c n redeve?ocmentl F14--ase m � s 0 _,,,r0 `1 ��qe a+iii r rrr tm,r r e3 ark_ =Shopl-ocal JO 02;r,15!7021 H; e,Ou red p4 pto aw sn'� ill," � �,}�t 461 viewcors otiou u 33 02:,r CRA ri oi"rcesa w.csed n Ir 211 0 J_`4,2021 a lwrtf C U, oil"- 3 Vk rr162d ro,rr�n�ds Bru��Y��+ you rade ,cur 02 12021 i eve 1 100 0 ressruar r ,:, 1, siiin s Dar' 0 t _. 9rrorfsr O Z i2:ra1}"1 #'SFrc !aratr w'Vsler sres0 hie �1 254 037',,,!-:021 ;r'+Iri*nerd f"oh 3r,Ter a d0 t r FL GO,_9>e s _ —3 02"'1"202, � a ir�i" w s-' inPUi on fu%,e 72 27 redeve.v1.meiSC.t,^r ase t'11 0 Iia B W y rlon Eleach for 5� i Date Post Content Type of post Reach Engagement Paid Promotion 03 Tl 11,11202 1 RECENTIL)I-EXTENC=—Z' 89 —1 T re imc we w�,-4.re y.L,t25 inpu.or fjure` w , 'Spend Your 'c'r 0 98 2071 2 10 garres at Escape 0 T ter_.:rr 7 , µ 41 ie P, �iz� jai it iP44 PP!��! ih 02,'25, 021 z r-`oou tnad Eacai r," 21 i 1 'V&"3'", "'cu fay o lrft,w,t",.. n '.,. as ',, Date Post Content Type of post Reach Engagement Paid Promotion 0 `2221 ter rire vdeek F- jt. � r; ris.�7irLf wS"ne.f i:urt 311 03,i 9 m - Our E 'y nar. iea �Pcl'ce20 3 7 s ra,ries for Sy err daily , urs aokx,r@ t rr ,,,re Trr 1 3,,70021 Tt r voeew,,s srs, 0 8 , �w? r _ nari.. rr4f€ �. 2 03,"N:2021 T"enaet j¢or Beact r 0 to get C�e�,r7 �..�� ,{ - � �. 3 tt_hrl".d'S_ „r283 6 �,rer, I k ip �r 4C�lilll IIID��d911 p of wffll;ua Gera s E4erdzi 0 u,2021 C Y: cvo a.afa &D q 30 5 serves Stoc 03AM,,2021 fi ing Dovvnzown SoVriern UA 743 79 i^ rmatirora� -3' rte-,-v.rar 158 03'1:4,,2021 Vyr ,o!sa,i ir:.re about 3 1 � pr b ,,u r � e 1J Tri day a iva TaCc, J T 0 ' Ada°isra°y vwadsersmlrrg h ck,out our lbio,;Band - fir` earn roveat-..�,. ;��rra,�.`. 6arr �«r M, Clam your Scypt r Beer;], 2 M 3 - Date Post Content Type of post Reach Engagement Paid Promotion 3 w 1 ,aa you tried 3 is unday�vllr 3 03'Z 5?02°1 � i -r�t yr'u� �n j� J on tI a ,°e k e owllh Farm^_ 03"25f2021 —1he a o v o n---each Z,RL, r,{ti 10 2-020 Annual Report is novv ii L nok v4,ro a_ E,porneJ of 350 e0 the 800rr ,Hart-or 13' C73 J ,1 Ta*, =' 3M7he=enew �4 non r,�r^«eoner n in the'Hea 31 31 G �7s 3d'af��1 v04 I e W J3 give ...,u d,` n�trim Bay rio F msacm b 5,n e,-g s`3 ,_ 0321 '2021 R4,-ping sayr, weax.end I 31r1 Inhrm beuricat E am r=reea 03it'S 021 ,iVan A h s alm-s tr, ��^�I✓ 171... 0 uJ iran B_o a grip end, 0 03"E.,,2G21 3. 7 n Flow 03 " �uy1 et, ,z""grean' 0n at, �ti 1_`n 2 IJ h .^ a �r,a,,..h1hc The 193 1 5 19 L�,VI�4r L i ,6 I i, �� l Nee'a sap} k-rl;e-up Io 4,.i'.:. 1112"11" 6:A 185 0 y✓,tr,rz gf"'&*tPrre ,,,w. 2 3742021 New2u in kartyFre rrir 3 1 3 � 1 i Sortie Prop-ewe hiS 212 Date Post Content Type of post Reach Engagement Paid Promotion �� *'? 1 �" �� a,rr �u�r N r� my 1 03110,t:2021 a d'r' I i ke ica 5 g s 0 3fLv2Q21 TV *8o ion,Se ac p,CRA 1 Ari ,90Scardµ rues irg 03 7-1021 Link, jevve-Iry s h: r_, .. t E •. _ 4 � 05 6 + 'fie^ Proomot.ion J �1E njrj V S 10 off a r Fria 101 03 °laZ1 (- r;-ynu Cr d gra � � V4 3 211` _°arid Rem a J a,v "Al !'a Attachment V BBCRA Facebook 2020 & 2021 Comparison The BBCRA's Facebook has grown by 479 followers between March 1, 2020 and March 31, 2021. Facebook continues to be the BBCRA's #1 performing social media platform. Total Page Liles:: 5,9:37 i�il siq; f se,;6;,t,Y Tots Rage_xes BENCHMARK t npare p s r o.w ;e per �na-t, 5,932A 5,453 In a 5 day comparison of March 21-March 26, the 2021 posts have more reach and more engagement overall than the posts in 2020. This shows quality audience retention over the past year. Please see examples on the next page. 2021 Date Post Content Type of post Reach Engagement Paid Promotion 0312612021 TGIF!Startyour-eueekend SII 315 5 �0 P on the water v ith Banana 4 � 03125,2021 The B-oynton Beach CRA's 10 ,l 5:t0 2020 Annual Retort is now 11 012412021 Look.,vho Eaas spotted at FFL .Ii Q 3:56 20 04ID AM the Boynton Harbor Marina! 12 012312021 Take a IW k at these newf r25 2.5 � homeov the n thHeart of J 21 0312312021 We llqPve to seeFFL3 acalbrrstneases Ive back: .Ii 3U7 14 012212021 tf,cs, 1Nant to learn more about pt 5d 1 r 11 r.; the benefits of CBD?Visit 1 e352 30 � l�i�� Promotion 0312112021 '.''that's your Favorite Boynton Beachb asiness FFL—.Ii 151 , 1 2020 Date Post Content Type of post Reach Engagement Paid Promotion 0126r,'2020 Common Grounds Brew& 0 Tr '�` 267 �'``�"r i IY Roastery is open for ', ', '.. 12 0325;20.20 Check out these specials2'4 PMkonoghk at Cafe Frainktesl �# 293 7. 031252020 L rr LaV r sere.City Off` dA 2.55 16 1 �.1rr PY Manager and Matt Petty, 6 03125;2020 YOUr GBG Store tts offer ng yr 5 ';,{ delivery and curbside pica 233 3 r� 0312 4,,2020 1 'r�%'rat has been your favorite FED dA 700 119 10 35� restaurant for takeout in A0 03123;2020 ` Why not meatballs for1 13 Pm Mondaynight dinner? FF[--1 250 2 0123r,2020 At this tirne the Boynton U �,s 303 1 1 53 Fr,` Harbor NIarina Frrei rocks, 2 03121'2020 YOU can order delivery for 11 Ft;Mbreakfast From the Boynton 344 5 03122'2020 Lid you know the Baynton „ � ' 266 6 1,f,s1 kt Beach CRA has a blog? 0312112020 SouOa i Fast Boynton ! ; 306 3 00 Ir',' �._ Breach offers fresh takeaut 4 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: May 11, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 13.C. SUBJECT: CRA Economic & Business Development Grant Program Update SUMMARY: The CRA's reimbursable Economic Development Grants provide 50% of the project costs in matching funding for rent and commercial property improvements. The grant programs continue to further the CRA's mission to activate vacant commercial space, assist businesses, create jobs and develop a vibrant downtown. Grant guidelines and applications can be downloaded from the CRA website www.boyntonbeachcra.com. Below is a status report of the CRA's Economic Development Grant Programs and Business Development activities for FY 2020-2021: FY 2020-2021 Budget $402,113 March 9, 2021 Funding Reallocation $ 95,792 April 13, 2021 Funding Reallocation $150,000 Grants Awarded since October 1, 2020 ($516,402) Remaining Fund Balance as of 5/7/21: $131,503 List of CRA Board approved Economic Development Program Grantees since October 1 2020: H. Longo Insurance 500 Gulfstream Professional Rent Associates, Inc. dba Boulevard Office Reimbursement $115568 $3,856 Allstate Boardwalk Italian Ice 209 N. Federal Ice Cream Property $9,269 $8,635.73 & Creamery, LLC Highway Shop Improvement Saikrupa 1900, LLC 1900 N. Federal Motel Property $3,837.41 $3,837.41 dba Inlet Inn Motel Highway I mprovement Oak Mt. LLC dba 906 S. Federal Medical Rent ApexNetwork Physical Highway Office Reimbursement $155000 $6,250 Therapy N&D Cafes, LLC dba Rent Tropical Smoothie 512 E. Woolbright Restaurant Reimbursement $71,000 $58,750 Cafe Road Property I mprovement Boynton Beach Office 1102 N. Federal Professional Property $50,000 $0 Condominium, LLC Highway Office Improvement Tokio, Inc. 307 E. Woolbright Restaurant Rent $155000 $35021 Road Reimbursement Premier Medical 326 W. Boynton Medical Rent Center of Boynton Beach Boulevard Office Reimbursement $115400 $15900 Beach, LLC Raj Properties, Inc. 109 E. Boynton Commercial Property $235057.67 $0 Beach Boulevard Plaza I mprovement AMS Acquisitions, 517 NE 5th Commercial Property $215205.80 $0 LLC Avenue Building Improvements Loufranco 609 N. Federal Commercial Property $85930.40 $35720.75 Management Corp Highway Building I mprovement Rent Appliance King of 622 N. Federal Reimbursement Retail $155000 $0 America, I nc. Highway Property I mprovement Yellowbeard, Inc. 1022 N. Federal Fish Market Property $505000 $0 Highway I mprovement Boynton Beach 1022 N. Federal Rent Seafood Company, Highway Fish Market Reimbursement $215000 $0 LLC Bud's Ventures, Inc. 509 E. Boynton Property dba Bud's Chicken & Beach Boulevard Restaurant Improvement $505000 $0 Seafood Boardwalk Italian Ice & 209 N. Federal Ice Cream Property $15569 $15569 Creamery, LLC Highway Shop Improvement Rent ManCave for Men 1513 S. Federal Barber Reimbursement $395748 $0 Boynton Beach, LLC Highway Shop Property I mprovement 409 E A, LLC 409 N. Railroad Industrial Property $255000 $0 Avenue Property I mprovement Pending Approval May 11, 2021 410 E. Boynton Rent Aurora's Mexican Beach Boulevard, Restaurant Reimbursement $305333.23 $0 Kitchen, I nc. Unit C Property I mprovement Patterson Plaza, LLC 1815 S. Federal Commercial Property $175535.98 $0 Highway Property I mprovement Rent AIMS Marketing 1600 N. Federal Professional Reimbursement $25,431.90 $0 Systems, Inc. Highway, Unit 12 Office Property I mprovement New Business Tax Receipts issued in April 2021 within the CRA boundaries: Dollar General 100 NE 10th Avenue Retail The Borrowing Club, LLC 420 W. Boynton Beach Boulevard Consultants Nationwide Loan Consultants 420 W. Boynton Beach Boulevard Consultants Marketing and Sales Resources 350 N. Federal Highway Consultants WaveMax Laundry 1550 N. Federal Highway, Unit 101 Laundry Lady Ts Miracle Med Spa, Inc. 2755 S. Federal Highway Retail Champ Wireless & Services, LLC 2755 S . Federal Highway Retail FISCAL IMPACT: FY 2020 -2021 Budget, Project Fund, Line Item 02-58400-444, $402,113. March 9, 2021 Reallocation: $95,792 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action needed at this time unless otherwise determined by the Board. 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: May 11, 2021 CRA PROJECTS IN PROGRESS AGENDAITEM: 13.D. SUBJECT: CRA District Lighting Improvement Project Update SUMMARY: At the March 9, 2021 Board meeting, the Board requested that staff present a list of lighting improvement projects that could be implemented in FY 2020-2021 utilizing the $445,561 that was reallocated by the Board as part of the February 9, 2021, budget amendment. CRA staff has been working with staff from the City Public Works Department to develop a list of lighting improvements in the CRA area. Attachment I has been created to indicated the identified list of projects, locations, scope, and initial cost estimates. The projects have also been prioritized for implementation based on the previous work that has been done, the logistics or required level of coordination with outside parties such as FPL, professional design consultants, and community members. Attachment I I includes photos of existing lighting schemes throughout the CRA area. Upon Board direction, CRA staff will work with legal counsel and the City to bring back an Interlocal Agreement (ILA) to fund these projects at the earliest available agenda. FISCAL IMPACT: FY2020-2021 Budget, Project Fund, Line Item 02-58200-406, $445,561 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: If supported by the CRA Board, direct CRA staff to work with legal counsel and the City to bring back an I nterlocal Agreement (I LA)to fund these projects at the earliest available agenda. ATTACHMENTS: Description D Attachment I - FY 2020-2021 Boynton Beach CRA Lighting Improvement Project List D Attachment II - Existing Lighting Schemes v v N E Y 9- O S U O O _ U O V) O O CO O O O D C O I I m N cti O N m Y 3 •� Y L N O N O F-- II V C 00 0 N to N — j .. 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Ocean Avenue (East) between NE 1St Street and Federal Highway A { t � 2 t E. Ocean Avenue (east side) at Federal Highway intersection £ is r n tt E. Ocean Avenue (west side) at Town Square 2. East MLK Jr. Boulevard Corridor Streetscape between Seacrest Boulevard and Federal Highway t y E. MLK Jr. Boulevard (eastbound) from Seacrest Boulevard intersection BBCRA Lighting Improvement Project — Existing Lighting May 7, 2021 lsttz rf t , � t `tit N. Seacrest Boulevard at NE Th Avenue 3. FPL LED Conversion/Upgrade Both sides of Federal Highway from SW 36th Street to Gateway Boulevard 4. Seacrest Boulevard (west side of street) from NW 1St Street to SW 1St Street 'i3ss i iy�t ,r t N. Seacrest Boulevard (northbound) at Town Square BBCRA Lighting Improvement Project — Existing Lighting May 7, 2021 5. Ocean Avenue W. Seacrest Boulevard between Seacrest Boulevard and NW 3rd Street 1ti; �}� iR � 1 t•{� qtr i Y.,,}" ,r�� Fy}`t1��1��,1"}E, kl ttt - ti E. Ocean Avenue (westbound) at Seacrest Boulevard intersection 6. Ocean Avenue Bridge (Upper and Lower) kk1{rtij � c8 t d{kk 1'I kk t -_ }kl)1 }?t(�1 ki r k I S"1j 4 �hoktr Double and single heads and wall sconces at the lower plaza under the bridge BBCRA Lighting Improvement Project — Existing Lighting May 7, 2021 7. Inca Trail along NE 7th -10th Avenues, between Federal Highway and NE 7th Street 8. Casa Costa Frontage along Federal Highway r 1 l� - 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: May 11, 2021 OLD BUSINESS AGENDAITEM: 15.A. SUBJECT: Project Update on Azur Equities, LLC, the selected proposer of the RFP/RFQ for the Cottage District Infill Housing Redevelopment Project SUMMARY: At their April 13, 2021 meeting, the CRA had received a submittal from Azur Equities, LLC and a withdrawal letter from the Boynton Beach Cottage District Development, LLC, ceasing any further participation in the RFP/RFQ and a withdraw letter from Pulte Home Company. CRA staff provided the Board with a breakdown of the additional information provided by Azur Equities, LLC, as Attachment I and the review of each proposal in accordance with the original published RFP/RFQ Evaluation Criteria (Attachment II). The CRA Board selected Azur Equities, LLC as the second development team and directed CRA staff to begin further analysis of their Proposal as well as to begin establishing terms for a future Purchase and Development Agreement. CRA staff and Azur Equities met on April 22, 2021 to discuss their proposed site plan, designs and financial information. CRA staff and Azur Equities met again on April 29, 2021, with members of the City's Development Team to discuss preliminary site plan and design issues. Azur Equities left the meeting with the assignment of revising their site plan to accommodate some of the City's design requests and will provide updated plans as soon as they are ready. Staff will continue to work diligently with Azur Equities throughout the pre-contract process and will provide an outline of the key terms for a Purchase and Development Agreement for the CRA Board at the next available meeting. BACKGROUND: On August 11, 2020, the CRA Board approved the issuance of the Cottage District Infill Housing Redevelopment Project RFP/RFQ (see Attachment III)for the development of owner-occupied, single family detached, workforce-affordable homes or a mix of detached homes and townhouse style attached units under fee-simple ownership. As required, the CRA obtained a property appraisal of the project site dated August 10, 2020 with an estimated market value of$1,893,000. As of the submission deadline on October 23, 2020, the CRA received five proposals from the following development entities: • Boynton Beach Cottage District Development, LLC (withdrawn) • Pulte Home Company, LLC (withdrawn) • Azur Equities, LLC (Attachment IV) • Fox Ridge Capital, LLC (withdrawn) • Ace Development Group, LLC At their December 8, 2020 meeting, the CRA Board established the top three submissions as Boynton Beach Cottage District Development, LLC (BBCD); Pulte Home Company, LLC; and Azur Equities, LLC (see Attachment IV). The CRA Board selected the Proposal submitted by Boynton Beach Cottage District Development, LLC (BBCD) and directed CRA staff to begin negotiations for a contract and further discuss the specifics of the proposed development. As directed, at the March 9, 2021 meeting the CRA Board reviewed the Project changes proposed by Boynton Beach Cottage District Development, LLC. After a lengthy discussion regarding the housing prices and the potential differences between the median area income ranges for Palm Beach County and The City of Boynton Beach, the CRA Board directed approved that negotiations be opened to the top three Proposers and that each one provide additional information on their Projects making any necessary adjustments to their original submission in order to utilize the City of Boynton Beach area median household income for the sales prices of the units. FISCAL IMPACT: FY2020-21 Budget, Project Fund, Line Item 02-58200-406 (Cottage District Project), $385,825 CRA PLAN/PROJ ECT/PROGRAM: • 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: At their December 3rd meeting, the CRA Advisory Board is providing a recommendation to the CRA Board that of the five Proposals submitted for the Cottage District Infill Housing RFP/RFQ, the following three Proposals best met the intent and requirements of the RFP/RFQ: • Pulte Home Company, LLC • Boynton Beach Cottage District Development, LLC • Azur Equities, LLC CRA BOARD OPTIONS: No action required by the Board at this time. ATTACHMENTS: Description D Attachment II - Proposal Evaluation sheets D Attachment III -August 2020 Map & RFP-RFQ D Attachment IV -Azur Equities, LLC Presentation M /i§ \\� \\ ME 04 Tw {}j\)mm Im )} , IN IM \Z' \ \ \%\\\\�\ \\\ \ \! \ lo OK !7 !/\{ ) 7 \^ )} " v R ° w c ora o =^aR �o „s " ° - v U qmo Ea 3 Eqq = '°°� aEa v w at lo > o o° J a ° J v R �.o o E rte= `o v 1. q o- u o o o ra° nmrD m v ool v o q.. o.cv s � v ° w e m>oc v c v a .. °° - '"aawv v� E -5 E U7 y E v w E E o — 2 �n r r wo mro m n N r " vlo O w w c R _ �> �N in E N tt v O E n a �'E O m¢ O a w Z c c o E E W Eao� o�U mEv �Ua N ��. Im U ammo - wE "3r`mov :E �E o Q €> v o o G o v E v m = E m n NW pro- EL�o _ CT,E o v no v°"'v `o' n m o z o w'c'o a v E m o 2 m n o°v A m ° o o n m o a a E o a ° 0 0 zw� z o o `q" _ o"yqz oa'o z wzz�aN=r ¢>rc ENzo>�o z " m v Tz E �r m v E' mzZ °m q ..O ` v w v r a°iU ? mw r ¢a `m = a J E �va`� �m� ao� �� E dam~ n o E" c v " ° ..v..new o2 Z'2V vO �� - I a E c or v E m �'qa" Q� t R - °G o. 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Im U Uo c v "o co Er - vmi�o V E m° o >En"mNm� J v� oN oEN ��-0 o��o2r T,a` z¢ zwo o ¢>F a`zrc q,"�zr`o u� >`� z L Ly _ . L o _ _ F vN v - -S 7 U m" - v v q m_ _ _ a aw my °a m c m- w m `uo o9mua as pn= zQOa °Eam E OmwN En 0.z= yw0 caumL°o CO s ZW MUy K vE� maU OE'E -c _ N s �m d Z c-E c� w a A n V.L.-m o f m e w .E m a m E o rc.a om.°-_' E' v a41 f � s� {{� i - t� S 1 ` N cz LO N c� N c� U _ �t!'a r••+ �" . t U O p N bOA n, O V) 4-j -a y V) V O �"` =" w„ �" f� 61, 1 B Toi ,OYN =BEACH SiF RA BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR PROPOSALS AND DEVELOPER QUALIFICATIONS COTTAGE DISTRICT INFILL HOUSING REDEVELOPMENT PROJECT Location: Between N.E. 4th and N.E. 5th Avenues and N. Seacrest Boulevard and N.E. 1st Street Boynton Beach, Florida Issue Date: August 17, 2020 Submittal Date: October 23, 2020, no later than 3:00 p.m. (EST) �' r� 1tjf 1lF 4 f � f am r }{� � sfs 7 �r t� i ssi r et t s ----------------- 01353549-2 Page 1 of 36 The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing a Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment of the BBCRA-owned properties within the Heart of Boynton District. These properties, collectively known as the Cottage District Infill Housing Redevelopment Project Site, are located between N.E. 4th and N.E. 5th Avenues and N. Seacrest Boulevard and N.E. 1St Street,Boynton Beach,Florida(the"property"or"Project property"). The BBCRA will accept sealed proposals at its office located at 100 E. Ocean Avenue, 4th Floor, Boynton Beach, FL 33435 ON OR BEFORE October 23, 2020, no later than 3:00 p.m. Eastern Standard Time,as determined by the time stamp or clock at the BBCRA's reception area. Proposals to this RFP/RFQ(proposals) received after the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. All proposals will be date and time stamped by the BBCRA. Faxed or emailed Proposals will NOT BE ACCEPTED FOR CONSIDERATION. The RFP/RFQ documents, including all related attachments must be obtained from the BBCRA office or website at www.boyntonbeachcra.co (Click RFPs/RFQs/ITBs Tab on right hand side). 1. Community and Economic Setting The City of Boynton Beach (City),with a population of 72,000,is the third largest city in Palm Beach County, Florida. It is located approximately 45 miles north of Miami and 15 miles south of West Palm Beach.This puts it in the heart of southeast Florida's rapidly growing tri- county Miami-Dade/Broward/Palm Beach Metropolitan area. Boynton Beach has direct access to the Intracoastal Waterway, Interstate 95 (I-95) and the Florida Turnpike.It also has a market of more than 6 million people within a two-hour radius and ready access to three international airports, two major rail lines, as well as the Tri-Rail regional commuter rail system. The Heart of Boynton District is bounded by I-95 to the west, Federal Highway to the east, the Boynton Beach Canal (C-16) to the north and Boynton Beach Boulevard to the south. Seacrest Boulevard runs north-south through the center of the community. Over the past 14 years there has been approximately$100 million of public investment into the Heart of Boynton and Cultural Districts in furtherance of the 2016 Boynton Beach Community Redevelopment Plan ("BBCRA Plan") with respect to property acquisition, infrastructure improvements, parks, construction of new affordable housing and rehabilitation of existing homes. Some of the projects are: • The City completed the redevelopment of the Carolyn Sims Center and Denson Pool for a total of$10 million in 2006. The Center is located at NW 12th Avenue and is the center of neighborhood activities. 01353549-2 Page 2 of 36 • The City invested $1.5 million of federal stimulus dollars into the Seacrest Boulevard corridor from Boynton Beach Boulevard north to the C-16 canal to create an attractive streetscape with new lighting, landscaped medians, and public art. • The City and BBCRA are currently partnering on the Model Block Project, redeveloping a block of new single-family homes at NW 11th Avenue and N. Seacrest Boulevard. The project includes upgraded streetscapes, utilities and ten new affordable single-family home sites. Home construction began in June 2018. • The BBCRA partnered with the City to combine funding to complete a $1.3 million renovation project to improve Sara Sims Park, an eight acre park located at the SW corner of Martin Luther King Jr. Blvd. and N. Seacrest Boulevard. A master plan was developed with community input and the project was completed in October 2019. • The BBCRA, in partnership with Centennial Management Corp., is in the process of redeveloping a 4.3 acre site between N. Seacrest Boulevard and NE 1st Street and between NE 6th and 7th Avenues. The $26 million dollar project will consist of 123 multi-family affordable 1-3 bedroom rental units with residential and site amenities, including a small flex and community space. The project is currently underway and scheduled to be completed in December 2020. • The BBCRA, in partnership with Centennial Management Corp., will also be redeveloping a 3.6 acre site on E. Martin Luther King Jr. Boulevard into an affordable mixed-use project consisting of 124 residential units and 8,500 square feet of commercial space. The $30 million dollar project is fully funded and construction is scheduled to begin in the spring of 2021. • As part of the 16.5 acre mixed-use P3 Town Square Project, the BBCRA and the City partnered to fund and complete the construction of a new municipal complex consisting of a City Hall/Library building, District Energy building, Fire Station, amphitheater and public spaces, a fully inclusive playground, and the $11 million renovation of the historic High School building into a Cultural Center with a meeting and convention space for use by the public and a future hotel. The Town Square Project is located at the SE corner of E. Boynton Beach Boulevard and N. Seacrest Boulevard and will feature private development of a hotel along with residential and commercial components to complement the public facilities. The publicly owned elements were completed in July 2020. 2. Property Disposal and Project Description This RFP/RFQ is being issued for a project known as the Cottage District Infill Housing Redevelopment Project (the "Project"), and is seeking proposals for the acquisition and redevelopment of a BBCRA-owned property identified in this RFP/RFQ. The Project site is approximately 4.2 acres of vacant property located between N.E. 4th and N.E. 5th Avenues and N. Seacrest Boulevard and N.E. 1St Street, Boynton Beach, Florida. The Project site lies within the BBCRA Heart of Boynton District boundaries and is identified in the BBCRA Plan as a priority residential site. 01353549-2 Page 3 of 36 Additionally, the property is also located in the PBC Qualified Opportunity Zone. For more information, see httl2:-/-/mal2s.co.12alm-beach.fl.us-/cwgis/?al2l2=12bc interactive. All proposals must be in conformance with and in furtherance of the BBCRA Plan.The BBCRA Plan may be accessed on the BBCRA website: www.boyntonbeachcra.co The proposed redevelopment of this site shall be consistent with the recommendations made within the BBCRA Plan. The BBCRA Plan's goals are to leverage this publicly owned real estate asset to support the overall redevelopment of the Heart of Boynton community and surrounding area, to increase affordable home ownership opportunities for low and moderate income households within 80-140% Palm Beach County Area Medium Income (AMI), and to provide quality public enhancements that improve the economic, cultural and aesthetic quality of life for residents of the community. For more information on the annual published Palm Beach County AMI see http://discover.pbc ov.or HES/ a es Housing ortgaue- roara s.aspx. Development proposals should include traditional residential amenities, as well as those to enhance or improve existing community assets. Overriding goals for the future Project include quality design through the use of urban design principles, and the use of alternative energy sources where possible. Proposals shall incorporate a publicly accessible neighborhood pocket park to be located along the eastern portion of the site. Firms or entities responding to this RFP/RFQ ("Proposers") are encouraged to exercise creativity in defining a concept that satisfies the vision of the BBCRA Plan, use of applicable and appropriate zoning or entitlements, and sound real estate development practices. Pursuant to Section 163.380(2), Florida Statutes, offers for the acquisition of the properties for less than fair value shall require approval by the Boynton Beach CRA Board and the Boynton Beach City Commission. 3. Land Use Regulations. The Heart of Boynton District section of the BBCRA Plan provides information on the vision for future redevelopment within this area, which includes the Project site. The recommended future land use Land Use designation for the property is High Density Residential (HDR) with a corresponding Zoning designation of Multi-family Residential District(R-4) or Infill Planned Unit Development District(IPUD) which supports a maximum density of 15 units/acre (plus a 25% density bonus for the creation of workforce housing) and maximum built height of 45 feet. It is the responsibility of each Proposer to review the City of Boynton Beach Land Development Regulations and Workforce Housing Ordinance for applicable guidelines and limitations. As stated in the BBCRA Plan,the community supports construction of one and two story units with a maximum height of three stories, if located within the interior of the site. 01353549-2 Page 4 of 36 4. Palm Beach Coun1y Impact Fees. Development of the property will be subject to Palm Beach County Impact Fees. Please contact Impact Fee Coordinator for PBC, \A/ Uie Swoope at (561) 288'5025| for specific information regarding impact fees and/or credits applicable to the proposed development, or to download relevant information go to: 5. Survey and Appraisal. Aulaerial boundary and parcel map along with acopy o[the property survey inincluded with this OF9'OF0 an Attachments 'A" and "B." An appraisal of the subject properties was completed and is available in electronic form upon written request to the BBCRA. Proposers should not rely solely on the information in the appraisal when compiling proposal. The appraised value should beconsidered with all offers and requests for BBCOAincentives 6. Architectural and Design Considerations. The Project should include quality architectural design and site development standards that enhance the area and adjacent neighborhoods. Proposers should review the BBCRAPlan for Project development and design guidance. Proposals will beevaluated ontheir adherence and incorporation of architectural and design elements presented in the BBCRA Plan listed above and the design examples under Attachment"k." 7. Incentives for the Project. Under Chapter 163, Florida Statutes,the BBCRA is empowered to encourage and incentivize redevelopment within the BBCRA Redevelopment Area consistent with the BBCRA Plan.The BBCRA is committed to meeting the goals and objectives of the BBCRA Plan and will support the Project with policies and funding. To support the Project under this RFP/RFQ,the following incentives are available: • The BBCRA may provide financial incentives to enhance home ownership opportunities, such an but not limited to, infrastructure improvements, second mortgage subsidies, and/or assistance with County and State grant or funding applications. • The BBCRAmay provide support and assistance with obtaining Palm Beach County Impact Fee credits, City of Boynton Beach Utility Cap fees or any other applicable fee credits or waivers that do not involve additional BBCOA[unding. • The BBCRA may provide support and assistance in pursuing any permits or approvals that may be required to expedite the selected site development plan. • The BBCRA has allocated $38S,82S in the FY 2020-2021 Budget for the Project. 8. Proposer Registration. All entities interested in responding to this RFP/RFQ must register their name, address, telephone number, and an email address with the BBCRA by emailing Michael Simon, Executive Director, at SimonM@bbfl.us. Any information concerning addenda, changes, additions, clarifications, notices, and other topics related to this RFP/RFQ will be sent to registered proposers using the registration information provided. 9. Additional Information. After the proposals are received by the BBCRA, the BBCRA may make requests to Proposers for clarifications, assurances, or for other details including, but not limited to, financial and disclosure data relating to the proposal or proposer (including all affiliates, officers, directors, partners and employees). Any inquiries of a general nature applicable to all proposers will be directed to all proposers. Following submission of a bid, the proposer agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data relating to the bid and/or the proposer (including the proposer's affiliates,officers,directors,partners and employees),as requested by the BBCRA. 10. Requirements for the Proposed Project All proposals must include the following: • Construction of single family fee simple, owner occupied dwelling units consisting of either detached, attached or combination of the two. • Height limitations for the units should be maintained at one, two or three story units with strong consideration given to the placement of any proposed three story units within the interior of the Project and a two story limitation along the perimeter of the proposed Project site. • Street lights installed along the entire perimeter of the Project that are complimentary to those existing along N. Seacrest Boulevard adjacent to the Project site. • On-street parking spaces where feasible. • Minimum five-foot sidewalk width along the entire perimeter of the Project. • Use of street and site trees that "exceed the minimum size and caliper requirement" of the City's Land Development Regulations to be installed as part of the proposed Project. • Creation of a neighborhood pocket park on the east portion of the site along NE 1St Street. The pocket park must be included in the Project's site plan and must include landscape,hardscape and accent lighting features.Once constructed by the successful Proposer, the pocket park will be open to the public and therefore will be deeded to 01353549-2 Page 6 of 36 the City of Boynton Beach. The successful proposer may be required to enter into a maintenance agreement with the City of Boynton Beach for the pocket park. • Plan for inclusion of workforce housing units, for households within 80-140% Palm Beach County Area Medium Income (AMI) • Housing should be constructed with maximum efficiency and sustainability in mind (Attachment F). 11.Deed Restriction and Homeowners and Property Owners Associations The BBCRA may require a deed restriction on the use of the properties as fee-simple residential development to preserve the home ownership opportunities in the neighborhood and/or require the establishment of a Homeowners or Property Owners Association. 12.Required Elements of Proposals. Proposals must contain all of the following documents and information in order to be deemed complete. Proposals not deemed complete may be rejected. a. Provide a general written statement describing the qualifications of the proposer and background information on the principals. If the selected developer is a public corporation, provide copies of its annual report or SEC filings as appropriate. b. Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. c. Provide a copy of the commercial lease agreement, if applicable, or proof of property ownership at the location the proposer is currently licensed to do business. If the Proposal is submitted by more than one entity, each entity much provide the requested information separately. d. Provide a list of key personnel that will be directly involved in proposed Project's development or management team, along with their professional qualifications and a list of similar projects on which they have actively participated. Provide no less than three and no more than ten related projects for this item. e. Provide a written list of similar projects developed by the proposer that were completed, including photographs,addresses, dates the projects were completed, and general project description. Provide no less than two and no more than ten projects for this item. If the Proposal is submitted by more than one entity, each entity must provide the information requested separately. f. Provide a detailed description of the proposed Project, with text and graphics. This should include but not limited to a schematic site layout plan; proposed density, intensity, and height; parking locations; a breakdown of the proposed total number of housing units and housing unit types (attached or detached), including number of bedrooms and bathrooms, and square footage for each unit type and elevations, as well as the items listed in Paragraph 6, "Architectural and Design Considerations," and Paragraph 10, "Requirements for the Proposed Project," of this RFP/RFQ document. 01353549-2 Page 7 of 36 g. Provide a proposed project pre-development, construction development and sales pro forma. The pro forma shall include and clearly identify the funding sources and costs of the Project including those of property acquisition from the BBCRA along with any proposed funding assistance being requested of the BBCRA, if applicable. h. Within the list of funding sources, provide the dollar amount of any proposer equity and investment contributed to the proposed Project. L If the Project is proposed to use subsidies from other qualified entities, proposer must provide a list of those entities and demonstrate experience with obtaining such project-based subsidies for affordable housing by listing projects and the amount and type of subsidy utilized. j. Provide a description that will indicate how the units will be sold, strategies of outreach to the end users and community, proposed sale price ranges that are supported by the financial plan and pro forma, and the Project's proposed absorption rate. k. Provide a description of how the proposer will make attempts to utilize local qualified contractors, and sub-contractors as part of the completion of the proposed Project. Documentation of this effort will be required as part of the project monitoring. 1. Provide a strategy of how the proposer will engage the adjacent homeowners in the overall development of the Project. Engagement may consist of, but is not limited to improvements to common neighborhood elements such as contiguous public sidewalks, decorative pedestrian scale lighting, landscape design, or assistance with grant funding for architectural elements that would enhance the curb appeal and contribute to the cohesive design of the neighborhood. m. Provide proof of financial capability to complete the proposed Project. Financial capability may be demonstrated by submitting a current (audited, if available) financial statement of the proposing entity which includes a balance sheet, a three-year statement of past income, and a projected one-year income statement for the current fiscal year for the proposer (and its parent entity if proposer is a subsidiary). Tax returns may be substituted for financial statements. When possible, the proposer should also submit third party evidence of the ability to secure financing such as a preliminary financing commitment letter or letter of interest from a lending institution or other primary source of investment financing. A firm financing commitment from a lending institution or other source of investment financing may be required prior to the closing of the sale of the Project property, or as otherwise stipulated in negotiated agreements between the successful proposer and the BBCRA. Information regarding any legal or administrative actions, past or pending, that might impact the capacity of the proposer (or its principals or affiliates) to complete the Project must be disclosed. Disclosure of any bankruptcies by any of the above or related entities during the past ten years must be made with the RFP/RFQ. Financial information should be submitted in a separate, sealed envelope or package and marked 'confidential.' Financial information will be accepted only from the Proposer. n. A signed written statement of intent to purchase the Project property indicating the proposed purchase price along with a statement of willingness to execute a 01353549-2 Page 8 of 36 Purchase and Development Agreement within 90 days of selection if selected.Any Purchase and Development Agreement ("Agreement") will contain performance- based criteria and milestone timelines for items such as, securing debt funding, formal site plan application, commencement of construction, limitations on transferability or assignability of the Agreement without prior approval from the BBCRA, termination provisions for failure to meet the criteria listed and other provisions to adequately define the rights, duties and obligations of the parties. The Agreement may also contain a reverter clause. o. Provide authorization to Perform Credit Check for each proposer or Business entity. The Authorization must be executed by the appropriate officer of proposer entity (see Attachments "G" and "H" Disclosure and Authorizations to Perform Credit Check forms). p. A list of all civil and criminal legal actions in which each proposer entity (and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four years, providing the case number, case description, the state of jurisdiction,and disposition (or status) of each case. Proposer(s) may include any additional relevant information. If there are no legal actions to disclose, provide a written statement attesting to this fact. q. Provide a PowerPoint presentation of the proposal, consisting of no more than 1S slides. r. All other requirements contained in this RFP/RFQ including all attachments that request a proposal or information from the Proposer. s. An acknowledgement letter attesting that the proposer has read and understands all procedures and requirements of this RFP/RFQ (see Attachment"D"). 13.Submittal Requirements. a. Location and Deadline. Proposals must be received by the BBCRA at 100 E. Ocean Avenue,Boynton Beach, FL 3343S on or before October 23, 2020,no later than 3:00 p.m. Eastern Standard Time (the Deadline). Proposals received after to the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. Proposers may withdraw submitted proposals and resubmit at any time prior to the Deadline. b. Form and Number of Copies. Proposals must be delivered in a sealed box or envelope. Faxed and emailed proposals will not be accepted. In total, one bound original proposal document must be submitted with a title page listing the name of the RFP/RFQ and the submitting proposer along with one unbound but clipped copies of the proposal and one digital copy of the complete proposal in PDF format on a labeled CD/DVD or thumb drive. Proposals shall be clearly marked on the outside of the envelope or delivery box container as follows: 01353549-2 Page 9 of 36 Request for Proposals and Developer Qualifications Cottage District Infill Housing Redevelopment Project Issue Date:August 17, 2020 Submittal Deadline: October 23, 2020, no later than 3:00 p.m. c. Completeness.All proposals must be complete upon submittal to the BBCRA. d. Signature. The proposal, and any documents submitted with the proposal that require a signature, must be signed by an individual authorized by proposer to legally bind and represent Proposer. e. Failure to Meet Submittal Requirements. The failure to meet the Deadline, submit a proposal that complies with the form and number of copies requirements, or submit a complete proposal may result in the proposal being rejected and returned at the sole discretion of the BBCRA. f. Proposal validity.Proposals shall remain valid and binding on Proposers for 180 days after the submittal date. 14.RFP f RFQ Documents. The following planning and site documents are included in this RFP/RFQ and may be obtained from www.boyntonbeachcra.co (click RFPs/RFQs/ITBs Tab on right hand side). • Geo-technical Report • Project Site Survey • Property Appraisal • 2016 BBCRA Redevelopment Plan • 2009 The Downtown Vision and Master Plan In addition, all Proposers are encouraged to walk the Project location and will be assumed to have performed all necessary inspections on the property. 15.RFP f RFQ Proposal Evaluation and Selection Process. The BBCRA staff shall review each proposal and make a determination as to whether each proposal meets the minimum submission requirements for review, including whether the proposal is complete, and whether it fully complies with the terms and conditions outlined in this RFP/RFQ.A Proposer's failure to provide a substantially complete RFP/RFQ proposal submission may result in the submission not being evaluated. The BBCRA may request clarification of submitted information from any Proposer. The confidentiality of proprietary information from competing Proposers shall be maintained to the extent permitted by law. a. In addition to meeting the minimum requirements of this RFP/RFQ each proposal will be evaluated based on the information provided and on the following criteria, which are listed below in order of importance: 01353549-2 Page 10 of 36 L Experience in completing comparable development projects within markets similar to the project area. ii. Experience in development of affordable or workforce attached and detached single family fee simple products and/or developments. iii. Project's adherence to the goals and objectives of the RFP/RFQ and referenced BBCRA planning documents, adherence to items listed in Paragraph 6, "Architectural and Design Considerations," and Paragraph 10, "Requirements for the Proposed Project,"resident amenities, and public benefits. iv. Proposed financial terms, purchase price, development and operating pro forma. v. Proposed plan or program to use local contractors, sub-contractors and laborers in the Project. b. After the BBCRA staff reviews the proposals for completeness and evaluates the proposals based on the criteria above, the BBCRA staff will present the results of the review and evaluation process to the BBCRA Board at a public meeting. The BBCRA Board will then consider all proposals that meet the minimum submission requirements for review. c. The Proposers may be asked to present their PowerPoint slide presentation before the BBCRA at their regularly scheduled meeting in the City Commission Chambers at City Hall located at 100 E. Ocean Avenue. In addition to a presentation to the BBCRA Board, the Proposers may be asked to present their Proposals before the BBCRA Advisory Board at their regular meeting. The BBCRA Advisory Board acts as a recommendation body to the BBCRA Board. d. At the conclusion of the public presentations, a proposer may be selected by the BBCRA Board. However, the BBCRA Board is under no obligation to select a proposer regardless of their ranking, and can, at its sole discretion, opt to terminate the RFP/RFQ process or continue the process to a subsequent meeting. e. The existence of a contractual relationship between a proposer and the BBCRA is contingent upon successful negotiations between the BBCRA and a selected Proposer, and execution of an agreement by both parties. Therefore, upon selection of a successful Proposer, the BBCRA and the successful proposer will then enter into negotiations for a Purchase and Development Agreement that will contain terms substantially similar to those contained in the successful proposal and this RFP/RFQ. L Any Purchase and Development Agreement mustbe in a form approved by the BBCRA Board and BBCRA legal counsel. ii. If the BBCRA and the successful proposer are not able to agree upon a Purchase and Development Agreement satisfactory to both parties within 90 days of the selection of the successful proposer, the proposer shall have the right to terminate the negotiations. The BBCRA may terminate negotiations at any time for any reason. 01353549-2 Page 11 of 36 iii. If the BBCRA sends an agreed-upon Purchase and Development Agreement, or sends a Purchase and Development Agreement with a communication that informs the proposer that the agreement constitutes the BBCRA's final offer, and the proposer fails to return an executed copy of the provided Purchase and Development Agreement within 30 days of receipt of such agreement from the BBCRA, the negotiations are deemed terminated unless the BBCRA explicitly extends the deadline in writing. iv. The BBCRA may withdraw its offer of agreement,including a final offer,at any time prior to acceptance of such agreement. v. Upon termination of negotiations or withdrawal of the offer of agreement,the BBCRA may move forward as it deems appropriate, which may include entering into negotiations with another Proposer, re-advertising the RFP/RFQ electing to terminate the RFP/RFQ process, or any other action it deems to be in the best interest of the BBCRA. f. Any transfer of the property from the BBCRA to a proposer may be subject to approval of the City of Boynton Beach. 16.Tentative Schedule. The following tentative schedule is anticipated for actions related to this RFP/RFQ.All dates, times,and locations are subject to change.All changes will be posted to the BBCRA's website at www.boyntonbeachcra.co . Issue Date: August 17, 2020 Request for Information Deadline: October 12, 2020, 5:00 p.m. Submittal Deadline: October 23,2020,by 3:00 p.m.,BBCRA Office Presentation to the BBCRA Advisory Board*: November 5, 2020, at 6:30 p.m., City Hall Presentation to BBCRA Board*: November 10, 2020, at 5:30 p.m., City Hall Purchase &Development Agreement to BBCRA Board*: January 12, 2021, at 5:30 p.m., City Hall (*Note:Dates above subject to change—registered interested parties will be notified by email of changes, if any) 17.Contact and Questions a. Contact Information. All correspondence, questions, and requests for clarifications related to this RFP/RFQ must be directed to the person designated as the procurement officer for this RFP/RFQ: 01353549-2 Page 12 of 36 Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue, 4th Floor Boynton Beach, Florida 33435 Phone: (561) 600-9091 Email: Si on @bbfl.us b. Form of Contact; Answers in the Form of Addenda. All correspondence, questions, requests must be submitted in writing via email to the person identified above and may be submitted at any time but no later than 5:00 p.m., on October 12, 2020.All answers to questions, clarifications,and interpretations will be issued in the form of addenda, which become part of this RFP/RFQ. The proposer must acknowledge receipt of each addenda by completing the Addenda Acknowledgement Form and including it with the submitted Proposal (see Attachment "U). It is the responsibility of all proposers to obtain, review and respond to any and all addenda issued. Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All proposers are encouraged to independently verify the accuracy of any information provided. Neither the BBCRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any proposer, or to any assumptions made by Proposer. Written proposals to all written questions submitted shall be maintained by the BBCRA in the RFP/RFQ file. c. Limitations on Communications; Cone of Silence; No Lobbying. proposer or persons acting on Proposer's behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the BBCRA posting the notice of intended award (excluding Saturdays, Sundays, and state holidays), any employee, officer, or board member of the BBCRA concerning any aspect of this RFP/RFQ except in writing to the procurement officer or as provided in the RFP/RFP documents. Violation of this provision may be grounds for rejecting a proposal. Further, during the same time period, proposer or persons acting on Proposer's behalf may not contact any BBCRA Advisory Board Member, or any other person working on behalf of the BBCRA on any matter related to this RFP/RFQ. Communication prohibited by this RFP/RFQ or by any other state,federal,or local law or regulation, may cause an individual or firm to be disqualified immediately from participating in the proposal or selection process. Any violation of this condition may result in rejection and/or disqualification of the Proposer's proposal. For purposes of this section,persons acting on Proposer's behalf shall include,but not be limited to, the Proposer's employees, partners, attorneys, officers, 01353549-2 Page 13 of 36 directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the Proposer. This "Cone of Silence/No Lobbying" is in effect from the date of publication of the RFP/RFQ and shall terminate 1) at the time the BBCRA Board selects a Proposer, rejects all proposals, or otherwise takes action which ends the solicitation process; or 2) at the end of the 72-hour period following the BBCRA posting the notice of intended award, excluding Saturdays, Sundays, and state holidays,whichever is later. 18.Disclosure and Disclaimer. Proposer understands and acknowledges that to the extent permitted by law, the BBCRA retains all rights, at its sole and absolute discretion,to: a. Withdraw this RFP/RFQ at any time; b. Modify the schedule associated with this RFP/RFQ; c. Issue addenda to this RFP/RFQ; d. Request additional information, clarifications, or assurances from one or more Proposers or prospective Proposers; e. Reject any and all proposals; f. Refrain from awarding an agreement as a result of this RFP/RFQ; g. Verify the accuracy of any information provided; h. Accept proposals that deviate from this RFP/RFQ; L Disqualify or reject proposals that are incomplete, untimely, or unclear; j. Re-advertise this RFP/RFQ and accept new proposals; k. Obtain economic feasibility studies or third party evaluations with regard to any part of any proposal; 1. Evaluate the proposals through any process that complies with the BBCRA Procurement Policy, this RFP/RFQ and applicable Florida Statutes, m. Select the one or more successful proposals or Proposers it deems will be in the best interests of the BBCRA,regardless of which proposal appears to offer the best monetary value to the BBCRA; n. Waive any required element or condition found in this RFP/RFQ for all proposals or for a specific proposal; o. Waive any formalities associated with this RFP/RFQ; p. Negotiate agreements, abandon or withdraw from negotiations, approve agreements, and take other similar actions as a result of this RFP/RFQ. Any proposer who submits a proposal in proposal to this RFP/RFQ fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. In the event of any differences between this disclosure and disclaimer and the balance of the RFP/RFQ, the provisions of this disclosure and disclaimer shall govern. If proposer fails to fully comply with all requirements of this RFP/RFQ proposer or proposer's proposal may be disqualified. 01353549-2 Page 14 of 36 19.Protests. The BBCRA Bid Protest Policy is available upon request. Submittal of a proposal constitutes acceptance of this policy. 20.Non-Discrimination. The selected Proposer,on behalf of itself,its successors and its assigns,agrees that no person shall, on the ground of race, color, disability,national origin, religion,age,familial status,sex, or sexual orientation, be subjected to discrimination in any way that is associated with the RFP/RFQ, the BBCRA, the proposal, any agreement resulting from this RFP/RFQ, or the Project. 21.Permits, Taxes. Licenses and Laws. The successful proposer will be required to pay for and/or obtain, at its own expense, all permits, licenses, fees, and taxes required, and to comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to responding to this RFP/RFQ and carrying out the Project. 22.Sensitive and Proprietary Information. The BBCRA will maintain the confidentiality of sensitive and proprietary information to the extent permitted by law. The BBCRA will consider all other information, documentation and other materials submitted in proposal to this RFP/RFQ to be of non-confidential and or non- proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. 23.Public Records. The BBCRA is public agency subjectto Chapter 119,Florida Statutes.The successful proposer shall comply with Florida's Public Records Law. Specifically,the successful proposer shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the BBCRA in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the BBCRA would provide the records and at a cost that does not exceed that provided in Chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the BBCRA, at no cost, all public records in possession of the proposer upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt.All records stored electronically must be provided to the BBCRA in a format that is compatible with the information technology systems of the BBCRA. 01353549-2 Page 15 of 36 IF PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS RFP/RFQ, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 600- 9091; 100 E.Ocean Avenue,4th Floor,Boynton Beach,Florida 33435,SimonM@bbfl.us. 24.Public Entity Crimes Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. In order to qualify for consideration under this RFP/RFQ, proposer must complete and attach Attachment"J,"Public Entity Crimes Statement. 25.Drug Free Workplace Certification Preference shall be given to Proposer(s) with drug free work programs,under the standards described in Section 287.087, Florida Statutes.Whenever two (2) or more proposals that are equal with respect to price, quality and service are received by the BBCRA or by any political subdivision for the procurement of commodities or contractual services,a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to receive such preference, the proposer shall complete and submit with its proposal the attached certification,Attachment"K," Drug Free Workplace Certification. END OF MAIN DOCUMENT PROCEED TO ATTACHMENTS 01353549-2 Page 16 of 36 List of Attachments: A. Project Location Map B. Project Location Survey C. Proposer Information D. Acknowledgement Letter E. Design Examples F. Energy Efficiency Guidelines Checklist G. Disclosure and Authorization to Perform Credit Check H. Authorization to Perform Credit Check I. Authorization for Release of Information J. Public Entity Crimes Statement K. Certification of Drug Free Workplace Program L. Addenda Acknowledgement M. Certification of Non-Scrutinized Entity 01353549-2 Page 17 of 36 ATTACHMENT "A" PROJECT SITE LOCATION MAP a 41 rs M }� , } IIS 1 i i „ 01353549-2 Page 18 of 36 -(b' dd 9t 30vd'SZ'e �d)NO 33015 ANNI76 tN0018'S45101 ...9Zl tStl .... (h (-aJ8d 6S 39tld ZEd)N'II S08 DI IOIAO IOIIOHVd3H6 Y < _ f £NOOIB'B 8 4'E Z't 510130 ShOI1t30d N W W 9NIddVkV?5NlA3AHns a�Og Btl'8�� — 8LpZ1LtiEp � 'ON7`S31V700SSd8WOt1(hV Am ns DINdvN'JOdO1F AWGNn(>e d A38iS 14 3 N — _ i.LO'Zt£ .t. 3.SZ.m,s �' a rr. ` aS i " 0 o r v 3 .b6'6tr/ M..£Z.tS,40N r W ti 11 z m 89'Btrl 3.sZ lEot05 o — _ z i t x s -- ———i Z = x k e � r s H 0066 M.sZ VE LON �. U C �€ Lt 66 3.q Zul£>40S � s Hui ,Os'604 MSZ.tE,�ON s IN -14 0 3 R r y` I � r a i 1 a i r y 5 P� a . M..Ls.tE>69N, ... -- -- OaVA3l(1O91S3a�V3S 4. i e= k SF 1 S m ¢ � 5 � � 6 a fr FS p 5 o. E S E E� _ sl iF - €m m.E & k E S $ 21 iR ai Z iYLY 4 – l8 c Y o r� a, m E P 4 n i L a ATTACHMENT "C" PROPOSER(S) INFORMATION Name: Street Address: Mailing Address (if different): City, State, Zip: Telephone No. : Fax No: Email Address of Contact Person: Ownership Status - Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to the organization and management efforts. Age of Organization - In continuous business since: Leadership - List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publicly held company, list Chairman of the Board, CEO, and President: Federal Identification No.: State of Incorporation & Registration No.: If not a corporation, explain your status: 01353549-2 Page 20 of 36 ATTACHMENT "D" ACKNOWLEDGMENT LETTER PROPOSER(S) SHALL INCORPORATE THIS ACKNOWLEDGEMENT LETTER IN THEIR SUBMITTAL PACKAGE ********************************************************************************** Re: Boynton Beach Community Redevelopment Agency Request for Proposal/Request for Qualifications (RFP/RFQ) dated August 17, 2020 Cottage District Infill Housing Redevelopment Project To Whom It May Concern: The undersigned has read the Boynton Beach CRA(BBCRA) Request for Proposal/Request for Qualifications (RFP/RFQ) for the Cottage District Infill Housing Redevelopment Project, dated August 17, 2020. On behalf of proposer identified below and our proposal team, we agree to and accept the terms, specific limitations, and conditions expressed therein. We have read, rely upon, acknowledge and accept the BBCRA's disclosure and disclaimer, which is fully incorporated by reference into this letter, and certify that all of the requirements as described in the RFP/RFQ are met and all required documents are enclosed. We further certify that all information presented in this proposal,and all of the information furnished in support of the proposal,is true and complete to the best of our knowledge and belief, and we are aware of the fact that making false statements or presenting false information that results in an Agreement may be penalized to the maximum extent allowed by law. Sincerely, Name of Proposer Print Name and Title Authorized Signature Date 01353549-2 Page 21 of 36 ATTACHMENT "E" DESIGN EXAMPLES LOCAL HISTORIC ARCHITECTURAL EXAMPLES G, t: �{Y d �Y 1„ i a Y ti 01353549-2 Page 22 of 36 ATTACHMENT "E" (continued) SAMPLE ELEVATIONS - 7-1 at ILI 9 r, Rt „ j .. a , , 9 , z t, �'j v'" , — �F ,•a�A i —j- 01353549-2 Page 23 of 36 ATTACHMENT "E" (continued) Alternative Carport Options and Urban Neighborhood Site Plan Concepts P' Riga K �k graphics below by Looney Ricks Kiss Architects, Inc. 1"KJNh LAT)¢6.� a ,f g� �arARe A M1 lie:er w�yta'pnn tx Cywa d'RWtuw Atln.s,rmakxi a # k i� Mr ka 41"'—" rt a a h., to6, +oae ( L�som .4 a a t a x:rx !1k ,emm— Ric Ale 1,m&'f caw r �m 4'4'�� aka h. l ' $ wA W t a JA MSg^— qr -..es r. Lip tY4➢ds 6'k W- 1.' 1 1• f ! tl 9� gym' Ur fi7>t+w,9a 3 N44"'. n F x�'Us am�r xv+.9� +� avea�.u.«kFt.^w arca as�u�Saa ca r.w. 01353549-2 Page 24 of 36 graphics below by Looney Ricks Kiss Architects, Inc. 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Energy-efficient Construction Techniques and Products ❑ Proper installation of insulation to ensure even temperatures throughout the house per FBC-Residential requirements ❑ Installation of high performance impact windows per Florida Building Code (FBC)- Residential requirements ❑ Installation of energy-efficient HVAC systems - Energy Star compliant ❑ Installation of new Energy Star compliant products including light fixtures, LED bulbs, ventilation and exhaust fans and appliances (refrigerators, dishwashers, and washer/dryer machines) Improved Indoor Environments ❑ Building envelope, duct systems and vents must be properly sealed to prevent cracks and holes ❑ Carpet, pads, and other surface materials and installation must comply with the Carpet and Rug Institute's Green Label Certification ❑ Utilization of only low Volatile Organic Carbon paints, finishes, and sealants ❑ Utilization of proper water vapor barrier and other applicable sealing methods to eliminate any possibility of mold ❑ Installation of programmable thermostats in all units Increased Water Efficiency ❑ Installation of low volume, non-spray irrigation system ❑ Incorporation of landscape practices recommended by the University of Florida's Florida Friendly Landscape Program (http://fyn.ifas.ufl.edu/) and compliance with the Landscape Regulations of the City of Boynton Beach. ❑ Installation of low flow toilets and sink faucets 01353549-2 Page 29 of 36 ATTACHMENT "G" DISCLOSURE AND AUTHORIZATION TO PERFORM CREDIT CHECK An authorization to Perform Credit Check will need to be completed by each Principal/Owner. For Principal f Owner: (Please use a separate form for each principal/owner) As Principal/Owner of Proposer, I (name) hereby affirm I have read the above disclosure, and consent to and authorize the Boynton Beach Community Redevelopment Agency's (`BBCRA") investigation into my credit worthiness. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of my credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S., and I may request a copy of any information provided to the BBCRA as part of the BBCRA's investigation into my creditworthiness. I grant such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. I hereby waive any and all claims,past present or future,which I may have against the BBCRA by reason of any credit investigation made pursuant to my consent and authorization herein given to the BBCRA. Proposer Name: Principal/Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone #: Signature: Date: Print Name: 01353549-2 Page 30 of 36 ATTACHMENT "H" AUTHORIZATION TO PERFORM CREDIT CHECK For Proposer (Business EntftyL. The proposer hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the creditworthiness of the Proposer. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the Proposer's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Proposer grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. This proposer hereby waives any and all claims, past present or future, which the proposer may have against the BBCRA by reason of any credit investigation made pursuant to Proposer's consent and authorization herein given to the BBCRA. An authorization to Perform Credit Check will need to be completed by each Principal/Owner and by the Business. Proposer (Business) Name (D/B/A if applicable): Current Business Address: Federal Tax ID# State of Incorporation: Phone #: Fax#: Authorized Signature: Date: Print Name: Title: 01353549-2 Page 31 of 36 ATTACHMENT "I" AUTHORIZATION FOR RELEASE OF INFORMATION To whom it may concern: The undersigned hereby authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the undersigned either of a professional credit or personal nature including the statement of your opinions with regard to the undersigned's professional credit and personal character, or of the proposer identified below. The undersigned also authorizes you to release to the Boynton Beach Community Redevelopment Agency (BBCRA) or the City of Boynton Beach any information in your possession regarding the business identified as "proposer"below. By: STATE OF FLORIDA COUNTY OF PALM BEACH THE FOREGOING INSTRUMENT was acknowledged before me this day of . 2020,by who is personally known to me or who has respectively produced as identification and did not take an oath. Notary Public: Print Name: Commission No: (Seal) My Commission Expires: Name: Home Address: Home Telephone Number: Business Telephone Number: Fax Number: Date of Birth: Professional License Number: Proposer (Business) Name: 01353549-2 Page 32 of 36 ATTACHMENT "J" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;submit a bid proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids, proposals, or replies on leases of real property to a public entity; be awarded or perform work as a contractor, supplier,subcontractor or consultant under a contract with any public entity;or transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes,for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that proposer has not been placed on the convicted vendor list within the past 36 months and complies fully with the above requirements. Proposer Name Authorized Signature Print Name Title Date 01353549-2 Page 33 of 36 ATTACHMENT "K" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that . the proposer responding to this RFP/RFQ, maintains a drug-free workplace program, and that the following conditions are met: (1) Proposer publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying the actions that will be taken against employees for violations of such programs. (2) Proposer informs employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Proposer gives each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), proposer notifies the employee that, as a condition of working in the commodities or contractual services covered under this RFP/RFQ he/she will abide by the terms of the statement; and will notify the employer (Proposer) of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five days after such conviction. (5) Proposer imposes a sanction on,or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by,any employee who is convicted. (6) Proposer makes a good faith effort to continue to maintain a drug-free workplace through implementation of this Section 287.087, Florida Statutes. As the person authorized to sign the statement, I certify that proposer complies fully with the above requirements. Authorized Signature: Date Name &Title (typed) 01353549-2 Page 34 of 36 ATTACHMENT "L" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Request for Proposals and Developer Qualifications Cottage District Infill Housing Redevelopment Project By entering checking YES or NO in the space provided and indicating date received. No. 1 ❑ Yes ❑ No Date No. 2 ❑ Yes ❑ No Date No. 3 ❑ Yes ❑ No Date No. 4 ❑ Yes ❑ No Date No. S ❑ Yes ❑ No Date RFP/RFQ INFORMATION WAS OBTAINED FROM: ❑ BBCRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Authorized Signature Print Name Title Date 01353549-2 Page 35 of 36 ATTACHMENT "M" CERTIFICATION OF NON-SCRUTINIZED COMPANY . as Proposer, hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the BBCRA determines that this certification is falsified or contains false statements, or that proposer is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the submittal of the Proposal or the execution of any agreement arising out of this RFP/RFQ, the BBCRA may disqualify the Proposal and/or terminate the agreement. Proposer Name By: Authorized Representative of Proposer Date: STATE OF COUNTY OF SWORN TO and subscribed before me this day of 20 , by . Such person (Notary Public must check applicable box): [ ] is personally known to me [ ] produced their current driver license [ ] produced as identification. (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) 01353549-2 Page 36 of 36 Z1, B J T IN IV =BRAY E,/",��yy,'�`4q(�. i4 g CO&WL TY ENCY ADDENDUM NO. 1 TO REQUEST FOR PROPOSALS AND DEVELOPERS QUALIFICATIONS (RFP/RFQ) COTTAGE DISTRICT INFILL HOUSING REDEVELOPMENT PROJECT October 14, 2020 TO ALL PROPOSERS AND OTHERS CONCERNED The Boynton Beach Community Redevelopment Agency (BBCRA) is issuing a Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment of the BBCRA-owned properties within the Heart of Boynton District. These properties, collectively known as the Cottage District Infill Housing Redevelopment Project Site, are located between N.E. 4th and N.E. 5th Avenues and N. Seacrest Boulevard and N.E. 1 st Street, Boynton Beach, Florida (the "property" or"Project property"). The intent of this RFP/RFQ Addendum is to address to address any errors or misprint, provide supplement information, or provide clarification when requested. Proposers submitting proposals for the above- referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the RFP/RFQ which shall become a part of and have precedence over anything shown or described otherwise. Question #1: On pages 7-9 in Section 12. Required Elements of Proposals, there are multiple instances of"If the Proposal is submitted by more than one entity, each entity much provide the requested information separately." Does separately mean that the CRA would like each team member to include this requirement in the proposal package or does the CRA intend each team member to submit this requirement separately to the CRA under separate cover? Answer: It is the intent of Section 12 to request information from the Proposer(s)where specified. The Proposer is the entity that will be entering into a Developer's Agreement with the BBCRA, not each of the professions that contribute to the Project. An example of a two Proposer submission where this would be applicable would be if a townhouse builder and a detached single-family housing builder"teamed" up to submit one proposal under one legal entity such as, but not limited to, a joint venture, LLC, or partnership. All necessary information from each builder will need to be combined into one proposal packet. Question #2: Would the CRA please specify which forms, if any, are required to be submitted by team members other than the Proposer? Answer: See response given to Question 1 above. Question #3: 3.a. Section 12, letter q. requires the inclusion of a PowerPoint presentation in the proposal. Would the CRA please explain the purpose of this/intended audience? Answer: The PowerPoint presentation will be used during the CRAAB and BBCRA Board meetings. 3.b. If the PowerPoint presentation is intended to be used in a shortlist presentation, are we able to make changes to the presentation after the submittal date and before the presentation or supplement the presentation? Answer: No. 1 Addendum No.01 Question #4: In the included Geo-technical Report, is the stated 2000 psi the maximum soil bearing capacity, or did the CRA specify this as the limit? Answer: The BBCRA did not provide any specifications prior to the performance of the Geo- technical Report. Question #5: Will the CRA consider alternatives to on-street parking? Answer: Any and all alternatives submitted by a Proposer may be presented to the BBCRA Board for their consideration as part of the Proposal. Question #6: Due to the circumstances surrounding COVID-19, would you consider permitting the submission of electronic copies instead of hard copies? Answer: No. Question #7: Please provide a list of all registrants. Answer: The following entities/individuals have registered as of the publication date of this Addendum: • Ace Development • Centennial Management Corp • Franck Gotsman • Boynton Beach Cottage District Development, LLC • Fox Ridge Capital • Aina Development, LLC • Lavoid Johnson • KHovmanian Homes • Pulte Group • WGI, Inc. Question #8: Can the CRA share any community comments with respect to previous development proposals and/or CRA development of the site? Answer: All of the meeting minutes and meeting videos for BBCRA Board meetings can be found on the BBCRA's website: www.boyntonbeachcra.com Questions #9-13: Drainage 9. Can we continue to sheet flow or pipe connect runoff to road right-of-way? 10. Can we use a pre-post reduction approach? 11. The road abutting lots, can we isolate them and do a pre-post for each? 12. Can we eliminate the 25 yr berm for these perimeter lots? 13. Is Legal Positive Outfall required? Answer: As part of a Proposer's due diligence, all of the above questions regarding drainage may be directed to the City of Boynton Beach Utilities Department. Questions #14-18: Water Distribution 2 Addendum No.01 14. Can we feed the buildings from the rear? Where does the meter need to be? 15. Is there WM along NE 5th Avenue? 16. Can we have As-builts /Atlas Sheets 17. Do we need to sprinkle the buildings? 18. Meter bank or individual meters and service runs for Townhome Lots? Answer: As part of a Proposer's due diligence, all of the above questions regarding water distribution may be directed to the City of Boynton Beach Utilities Department. Questions #19-20: Sanitary Sewer 19. Is there capacity in the gravity system(s) surrounding the property (or is a lift station needed)? 20. Can SF units be served from the rear to avoid multiple roadway open cuts and new service taps in existing mains. Answer: As part of a Proposer's due diligence, all of the above questions regarding sanitary sewer may be directed to the City of Boynton Beach Utilities Department. Questions #21-25: Roadway 21. Is a 32-ft Road Right-of-Way acceptable for the interior proposed loop road? 22. Sidewalk along NE 4th Avenue is not continuous? 23. Does it span the private lots that are remaining? 24. If the above is the case, the SWK would be on private property; how do we go about this? 25. Utility taps: what are the City's restoration requirements (limits of reconstruction and milling & resurfacing)? Answer: As part of a Proposer's due diligence, all of the above questions regarding roadways may be directed to the City of Boynton Beach Utilities & Public Works/Engineering Departments. Question #26: Site Plan 26. What are the setback requirements for the various products? Answer: As part of a Proposer's due diligence, all site specific questions regarding development regulations for the proposed product may be directed to the City of Boynton Beach Planning & Development Department. END OF ADDENDUM No. 1 3 Addendum No.01 S r c t r r ,. �t. r, t t , t __ I ., \ t i I l 5 \ � s I1 ? __I ! s ,, \ 3 i. 3 i „ I � t \, t t \ t 5 � , l I \t 1 ) 1 l _? —1. � I j � ,, # , 4. 7 r , 7 ` z ) I �_ � 7 ,7. , 1l t 3 7 � # � � � >, � , ,_ i \ � ,� 2 . it � __ , ,_ 1 f l , t � � f „ i � , , s s , tl l 1 � � }� t ,�,t J ., 3 I � � f, c,, \ ..1. , ��_ ,\ l t \ l.�a ,. 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SUBJECT: Discussion and Consideration of Lease Terms with C Life C Food, Inc. for the CRA-owned Property located at 401-407 E. Boynton Beach Boulevard SUMMARY: At the regular meeting of the CRA Board held on April 13, 2021, the Board reviewed five Letters of Intent (LOI) to lease the property located at 401-407 E. Boynton Beach Boulevard (see Attachment 1). The C RA Board selected the proposal from Mr. Tim Collins, C Life C Food, Inc. and directed staff to begin discussion Mr. Collins on the terms and conditions to be included in a Commercial Lease Agreement for the property(see Attachment I I). CRA staff and legal counsel prepared a draft Commercial Lease Agreement incorporating the terms proposed by Mr. Collins with consideration given to certain conditions provided to the CRA as the landlord (see Attachment I 11). After review of the draft Commercial Lease Agreement, Mr. Collins submitted a list of questions or concerns that he had relating to the agreement. CRA staff and legal counsel provided their responses to Mr. Collins where possible and within the limits of their authority (see Attachment IV). The remainder of the items and terms expressed by Mr. Collins will need to be negotiated between the CRA Board and Mr. Collins. Mr. Collins met with City Staff on April 20, 2021 regarding his proposed conceptual site plan (see Attachment V). Background: The CRA went under contract to purchase the 401-411 E. Boynton Beach Boulevard property in July 2020 for the price of$917,000 with a closing date of February 26, 2021. On March 3 and 5, 2021, a Letter of Intent (LOI) to lease the CRA-owned property located at 401-411 E. Boynton Beach Boulevard was submitted by Tim Collins, owner of the Fish Depot and Seafood Market, a previous tenant of the 1022 N. Federal Highway property At their March 9, 2021 meeting, the CRA Board reviewed the LOI submitted by Mr. Collins and voted to issue a thirty(30)day Public Notice of Disposal for Lease. The end of the thirty(30) day Public Notice period is April 12, 2021. During the Public Notice of Disposal for Lease period and prior to the closing of the CRA Board's April 13, 2021 meeting agenda, the CRA received four (4) additional LOls from various interested parties. CRA staff has provided the Board with a breakdown of the LOls received as of April 9, 2021, the publication of the agenda item (see Attachment VI). Due to the short timeframe between the end of the thirty (30) day Public Notice period and the Board meeting, staff and legal counsel were unable to vet the details of all of the LOI s in order to provide a draft Agreement for the Board's consideration on April 13, 2021. FISCAL IMPACT: To be determined by the CRA Board and the terms of the final lease agreement. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approval of the draft Commercial Lease Agreement as presented between C Life C Food, Inc. for the CRA owned property located at 401-407 E. Boynton Beach Boulevard. 2. Approval of the draft Commercial Lease Agreement as amended between C Life C Food, Inc. for the CRA owned property located at 401-407 E. Boynton Beach Boulevard. 3. Do not approve the draft Commercial Lease Agreement as presented or amended between C Life C Food, Inc. for the CRA owned property located at 401-407 E. Boynton Beach Boulevard. 4. Alternative determination or direction introduced and approved by the CRA Board. ATTACHMENTS: Description D Attachment I - Property Location Map Attachment II - Letter of Intent submitted by Tim Collins D Attachment III - Draft Commercial Lease Agreement D Attachment IV - Items of Concern with Lease Agreement with CRA Staff and Attorney Responses D Attachment V - Preliminary Conceptual Site Plan D Attachment VI -Summary of Letters of Intent Submitted t. k � i s ill `1 reSi i hli' r IT 014 i it lk S�n'�ie � I � "�\}{�ytis r� nt� )S '�� yk V `,•.� � '; 4 T� r # L s IrOT V, TON BE 561-375-8363 March 5th, 2021 Mr. Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4th Floor Boynton Beach, FL 33435 Amended Letter of Intent:To Lease the Property located at 402 E Boynton Beach Blvd, Boynton Beach, Florida33435 Dear Mr. Simon, The Fish Depot Seafood Market, previously located at 1022 N. Federal Highway wishes to amend this Letter of Intent to enter into Lease Negotiations with the CRA and/or City of Boynton Beach for the Property located at 401 East Boynton Beach Blvd. in Boynton Beach, FL 33435 that was submitted on March 2nd, 2021. We propose to open a new Fish Market as soon as possible in this location as we have moved out of the old location.The intention is to create a new look concept from what we were previously offering in the old building. That building has serious issues that prevented us from fully realizing the potential of the business. We will have more offerings and bring a vibrant new business to This location from what it has been for many years. We are offering$2500 per month in rent set up in an Annual Month to Month Lease structure. We are requesting 10 renewal options if the property is not being Developed as so many of these "Future Projects" have sat vacant in Boynton Beach for years and decades even.The renewal options will be worded in both parties best interests in that we can stay as long as we want if the property is not being developed and the City is not hindered by a burdensome long term lease situation that would interfere with the future development. The Terms we are requesting will include a 120 day notice to vacate in the event a developer receives approval to break ground on a new development. We in no way want to stand in the way of Boynton Beaches expansion. We do request a relocation stipend if the vacate option is exercised in the first 4 years. We can negotiate this when finalizing the terms of the Lease Agreement. IrOT V, TON BE 561-375-8363 We will also want to be eligible and approved for all applicable grants in opening this new location. Additionally,we request a 120-day rent abatement in order to get the business open and in full operation. This includes, but not limited to all required licensing and approvals. We will submit a deposit upon approval of these terms and the balance of the First& Last month's rent upon execution. In the event we cannot meet the City's approval requirements, we request a full reimbursement of the funds paid in executing the lease within 10 days. There is a Time is of the Essence here and we intend to move quickly to be open as soon as possible. We have a great following and do no wish to lose our client base to competitors by being closed too long. I would like this LOI to be entered in the Agenda for the March 91h Meeting in the event that the 30-day period for disposal of city owned property begins now or at that meeting. I have included all of the CRA board members in this email so that everyone is notified of our intentions to lease that property in the interim period until a developer secures approval and work commencement orders to develop the property. If you have any questions, please feel free to reach out to me directly. Sincerely, Tim Collins The Fish Depot (954)415-4825 R,r OT tea. 0' TON BE M m 561-375-8363 F1 KDEP TEAT&CO March 2nd, 2021 Mr. Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4" Floor Boynton Beach, FL 33435 Letter of Intent:To Lease the Property located at 402 E Boynton Beach Blvd, Boynton Beach, Florida33435 Dear Mr. Simon, The Fish Depot Seafood Market, previously located at 1022 N. Federal Highway wishes to enter into Lease Negotiations with the CRA and/or City of Boynton Beach for the Property located at 401 East Boynton Beach Blvd. in Boynton Beach, FL 33435. In previous CRA Board meetings it was clear that the CRA/City was waiting for "hold over tenants' to vacate certain properties included in the City's purchase agreement. I have witnessed the tenants clearing out the adjoining commercial spaces which was stated as the hold up in the CRA/City in being able to close on the purchase of the property. I would like this LOI to be entered in the Agenda for the March 91h Meeting in the event that the 30-day period for disposal of city owned property begins now or at that meeting. I have included all of the CRA board members in this email so that everyone is notified of our intentions to lease that property in the interim period until a developer secures approval and work commencement orders to develop the property. If you have any questions please feel free to reach out to me directly. Sincerely, Tim Collins The Fish Depot (954)415-4825 COMMERCIAL LEASE AGREEMENT This Commercial Lease Agreement (the "Lease") is made on this day of 2021, by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, whose address is 100 East Ocean Avenue, 4th Floor, Boynton Beach, FL 33435, ("Landlord") and C LIFE C FOOD, INC, whose address is 1580 NW 2nd Avenue, #10, Boca Raton, FL 33432 ("Tenant"). Landlord is the owner of land and improvements having an address of 401 and 407 East Boynton Beach Boulevard, Boynton Beach, FL 33435 and as described in Exhibit "A," (the "Demised Premises"). Landlord desires to Lease the Demised Premises to Tenant, and Tenant desires to Lease the Demised Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, it is agreed: 1. Term. Landlord hereby leases the Demised Premises to Tenant, and Tenant hereby Leases the same from Landlord, for an "Initial Term" of one (1) year, beginning 2021, and ending , 2022. If Landlord is unable to timely provide the Demised Premises, rent shall abate for the period of delay. Tenant shall make no other claim against Landlord for any such delay. Further, pursuant to the terms and conditions contained herein, Tenant shall have the right to exercise an additional nine (9) twelve (12) month options, providing Landlord receives written notice of said election at least sixty (60) days before the expiration of the current term. 2. Rental. Tenant shall pay to Landlord during the Initial Term the following: A. Year 1: Monthly rental of $2,500.00, paid in twelve (12) monthly payments, beginning on 1 2021, and continuing through 20 , The parties agree, however, that no payments are due for the months of , 2021, through 12022. B. Option Year 2-10: Annual rent shall increase by five percent (5%) for each year an option is exercised, paid in twelve (12) equal monthly installments. Each installment payment shall have the current sales tax amount added to the monthly payment set forth above, as well as all prorated real and personal property taxes due hereunder, and shall be due in advance on the first (1st) day of each calendar month during the Lease term. Payments shall be delivered to Landlord at 100 East Ocean 01486611-1 Landlord: Tenant: Commercial Lease Page 2 of 13 Avenue, 4th Floor, Boynton Beach, FL 33435, or at such other place designated by written notice from Landlord. Lease payments received after the 5th day of the month shall be considered late and shall bear a $125.00 late payment charge, which must be paid without demand prior to the next month's payment. C. Notwithstanding anything contained in this Paragraph 2, both Landlord and Tenant shall have the right to terminate this Lease by providing 120 days written notice to the other party. 3. Use. The Demised Premises shall be used for a retail fish market with associated parking and site improvements as shown in Exhibit "B, Conceptual Site Plan". Tenant will adhere to all fire and other regulatory requirements of Boynton Beach, Florida. 4. Assignment. Tenant shall not have the right, without Landlord's consent, to assign this Lease. 5. Subleasing. Tenant shall not have the right to sublet the Demised Premises. 6. Improvements. All improvements to be made by Tenant shall be at Tenant's sole cost and expense and subject to the terms of Paragraph 7 below and consistent with Exhibit "B," Conceptual Site Plan. 7. Repairs. During the Lease term, Tenant shall be responsible for, at Tenant's expense, all maintenance and repairs, which shall include such items as repairs of floors, walls, doors, windows, ceilings, HVAC system, electrical and plumbing, parking lot, landscaping, and exterior building walls, and site components, and other parts of the Demised Premises damaged or worn through their occupancy. Except as otherwise specified herein, Tenant agrees to accept the Demised Premises in "As Is" condition with no improvements required by Landlord. 8. Alterations and Improvements. Tenant shall not make any alterations, additions or improvements to the Demised Premises without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures that may be installed without drilling, cutting or otherwise defacing the Demised Premises. All alterations, additions, improvements and fixtures (other than Tenant's unattached readily movable furniture and office equipment) that may be made or installed by either party upon the Demised Premises, shall remain upon and be surrendered with the Demised Premises and become property of Landlord at the termination of this Lease. Notwithstanding the foregoing, if Landlord requests the removal of such alterations, additions or 01486611-1 Landlord: Tenant: Commercial Lease Page 3 of 13 improvements, Tenant shall remove the same and restore the Demised Premises to their original condition at Tenant's expense. All construction work done by Tenant within the Demised Premises shall only be performed with Landlord's prior express written approval of the scope of work and the person(s) performing such work. Further, such work shall be performed in a good and workmanlike manner and in compliance with all governmental requirements. In the event Landlord does consent to any such additions, alterations or replacements, same will be made in accordance with the following: A. Any such alterations, repairs, replacements or additions will not lessen the value of the said building as it will be as of the Term Commencement Date; B. Tenant will perform such alterations, repairs, replacements or additions, in accordance with the statutes, ordinances, rules, regulations and orders of all public or quasi-public authorities having jurisdiction thereof; C. The Demised Premises will at all times be kept free and clear of all mechanic's, materialmen's, labor or other liens or claims of liens, and Tenant agrees to indemnify, save and hold harmless Landlord from all claims, demands and liability, including damage to person or property arising out of or in connection with any such work. For further security of Landlord, Tenant shall give actual notice in advance that no contractor, subcontractor, or anyone else that may furnish any material, service, or labor to the property at any time shall be or become entitled to any lien thereon whatsoever; D. At all reasonable times during the progress of such construction work, Landlord or persons authorized by Landlord, will have the right to go upon the Demised Premises for the purpose of inspecting the construction work then in progress; and E. At the expiration of the term of the Lease, Tenant will, at its sole expense, remove any improvements constructed by Tenant upon request by Landlord. 9. Property Taxes. Tenant shall be responsible for paying all real and personal property taxes with respect to the Demised Premises. Any and all of said taxes to be prorated and paid by Tenant to Landlord on a monthly basis as provided for in Paragraph 2 above. 10. Insurance. 01486611-1 Landlord: Tenant: Commercial Lease Page 4 of 13 A. If the Demised Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. B. Insurance. At all times subsequent to the commencement date of the term of this Lease and during the full term, Tenant will keep the Demised Premises covered, at Tenant's sole cost and expense by the following types of insurance: 1) Fire and extended coverage multi-peril insurance in an amount equal to 100% of the full replacement cost of Tenant's furniture, fixtures, inventory and equipment located on the Demised Premises; 2) Claims for personal injury or property damage under a policy of general public liability insurance with limits of $1,000,000.00 per incident, $2,000,000.00 aggregate; and C. All insurance required to be maintained by Tenant will be affected by valid and enforceable policies issued by insurers licensed to do business in the State of Florida, countersigned by an agent licensed to do business in Florida and of recognized responsibility satisfactory to Landlord. Within fifteen (15) days after the commencement of the term of this Lease, Tenant will promptly deliver to Landlord the original policies as specified above and within fifteen (15) days after the premium of each such policy will become due and payable, such premium will be paid by Tenant and Landlord will be furnished with satisfactory evidence of such payment. D. All policies of insurance required to be maintained by Tenant will name Tenant and Landlord as the insureds as their respective interests may appear. If Landlord so requires, the policies of insurance provided for above will be payable to the holder of any mortgage, as the interest of such holder may appear, pursuant to a standard mortgagee clause with the exception of any proceeds payable with respect to any insurance policy covering Tenant's personal property. All such policies will, to the extent obtainable, provide that any loss will be payable to Landlord or to the holder of any mortgage notwithstanding any act or omission of Tenant (other than non-payment of premiums) which might otherwise result in forfeiture of such insurance. All such policies will, to the extent obtainable, contain an agreement by the insurers that such policies will not be canceled without at least ten (10) days prior written notice to Landlord and to the holder of any mortgage to whom loss hereunder may be payable. 01486611-1 Landlord: Tenant: Commercial Lease Page 5 of 13 E. Landlord will keep the building in which the Demised Premises are located insured against loss or damage by fire or other casualty in an amount determined to be reasonable by Landlord. 11. Utilities. Tenant shall pay all charges for electricity, telephone, water and sewer, pest control, typical building and lawn maintenance, alarm/security monitoring, cleaning and housekeeping fees and such other services and utilities used by Tenant on the Demised Premises during the term of this Lease (it being the intention of the Parties to enter into a "triple net" lease). 12. Sins. With Landlord's prior written consent, Tenant shall have the right to place on the Demised Premises, at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's opinion too large, unattractive or otherwise inconsistent with or inappropriate to the Demised Premises. 13. Entry. Landlord shall have the right to enter upon the Demised Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Demised Premises. 14. Parking. During the term of this Lease, and subject to reasonable regulations established by Landlord, Tenant shall have the non-exclusive use of the adjacent parking area. 15. Default. A. The occurrence of one or more of the following constitutes a default under the terms of this Lease: 1) Failure to pay rent when due if such failure continues for a period of ten (10) days from its due date; 2) Failure to make any payment other than rent when required under this Lease if the failure continues for a period of ten (10) days after the receipt of written notice of such sums being due from Landlord to Tenant; 3) Failure to comply with any provision of this Lease (except under subparagraphs (1) and (2) above) if the failure continues for thirty (30) days after notice from Landlord to Tenant. If the failure to comply is one 01486611-1 Landlord: Tenant: Commercial Lease Page 6 of 13 that requires more than thirty (30) days to correct, Tenant will have a reasonable time to correct it if Tenant begins correction within ten days after the notice and diligently prosecutes correction to completion; 4) Making a general assignment or arrangement for the benefit of creditors, being adjudicated a bankrupt, receiving the benefit of any insolvency, readjustment of debts, reorganization or bankruptcy law, entering into an agreement of composition with creditors, having a receiver or trustee appointed to take possession of Tenant's assets on the property or Tenant's interest under this Lease or the seizing under legal process of Tenant's assets on the property or Tenant's interest in this Lease when the action under this subparagraph is not canceled, discontinued, dissolved or discharged within one hundred twenty (120) days; or 5) If Tenant is a corporation, partnership, or other artificial entity, and any part or all of its shares of stock, partnership interest, or other beneficial interest will be transferred by sale, assignment, bequest, inheritance, operation of law or other disposition so as to result in a change in the present effective voting control of Tenant by the person owning a majority of the shares of stock, partnership or interest, or other beneficial interest on the date of this Lease. B. If a default by Tenant occurs, Landlord may, at Landlord's sole option and discretion: 1) Immediately re-enter and remove all persons and personal property from the Demised Premises, storing the removed property in a public warehouse or elsewhere at Tenant's expense without liability; 2) Landlord may retake possession of the Demised Premises for the account of Tenant and relet the Demised Premises, or any part thereof, for such term or terms and at such rental and upon such other terms and conditions as Landlord may deem advisable, in which event the rents received by Landlord from reletting will be applied first to the payment of such expense as Landlord may be put to in reentering, and then to the payment of the rent due and to become due under this Lease, the balance, if any will be paid over to Tenant, who will remain liable for any deficiency; 01486611-1 Landlord: Tenant: Commercial Lease Page 7 of 13 3) Landlord may stand by and do nothing and will have the right to sue Tenant as each installment of rent matures, or accelerate the balance of installments due and sue for same; or 4) Terminate this Lease by notice to Tenant in which event Tenant will immediately surrender possession of the Demised Premises and to Landlord and all rent due and to become due under this Lease throughout the remainder of the Lease Term shall be accelerated and become due forthwith. 5) Take any other action provided for under Florida law. C. In addition to any other loss or damages that Landlord sustains because of Tenant's default, Tenant will pay all expenses of repairs to the Premises or the property on which the Demised Premises are located required as a result of its tenancy, transfer and storage charges for Tenant's personal property removed from the Demised Premises, costs, expenses and reasonable attorney's fees for enforcing or construing this Lease, whether for trial, appeal or otherwise. D. All remedies of Landlord are cumulative to each other and to any other remedies given by law. All rights of Landlord on Tenant's default apply to an extension of this Lease. By making a payment for Tenant or from any security deposit, Landlord does not waive Tenant's default or any right Landlord has because of the default except to the extent that any such default has been cured by the application of the Security Deposit and provided said Security Deposit has been replenished as provided for elsewhere herein. 16. Quiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Demised Premises during the term of this Lease. 17. Condemnation. If any legally constituted authority condemns the Building or such part thereof which shall make the Demised Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 01486611-1 Landlord: Tenant: Commercial Lease Page 8 of 13 18. Security Deposit. Landlord acknowledges receipt of the sum of $5,000.00 representing the first and last month's rent and $2,500.00 which sum represents a security deposit hereunder ("Security Deposit"). In the event that Tenant fails to comply with the terms and provisions of this Lease, Landlord may use said Security Deposit to the extent necessary for the purpose of correcting any defaults of Tenant. In the event that all or any portion of the Security Deposit is so applied, Tenant will fully replenish the Security Deposit within five (5) days of demand. The Security Deposit need not be kept in a separate interest-bearing account and may be commingled with Landlord's general funds. 19. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if hand-delivered, sent by overnight carrier (with delivery confirmation) or sent by United States certified mail, return receipt requested, addressed as follows: A. If to Landlord to: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 100 East Ocean Avenue, 4th Floor Boynton Beach, FL 33435 with copy to: Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 1500 N. Flagler Drive, Suite 1500 West Palm Beach, FL 33401 B. If to Tenant, to: Lucinda McGraw, President C Life C Food, Inc. 1580 NW 2nd Avenue, #10 Boca Raton, FL 33432 with a copy mailed to the address of the Demised Premises. Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 01486611-1 Landlord: Tenant: Commercial Lease Page 9 of 13 20. Brokers. Tenant represents that Tenant was not shown the Demised Premises by any real estate broker or agent and that Tenant has not otherwise engaged in any activity which could form the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge in connection with this Lease. Tenant indemnifies, saves and holds Landlord harmless for same. 21. Waiver. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 22. Headings. The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 23. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, successors and assigns. 24. Consent. Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord's consent is required or desirable under this Lease. 25. Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Demised Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Demised Premises. 26. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 27. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Florida. 28. Guaranty. Guarantors hereby absolutely and unconditionally guarantee the full performance and observance of all of the covenants, duties and obligations (including, without limitation, the obligation to pay all rent and other sums) therein provided to be performed and observed by Tenant, pursuant to this Lease; and Guarantors hereby make themselves fully liable for such performance. This Guaranty was reviewed by Guarantors and Guarantors acknowledge and agree that Guarantors fully understand all of the terms of this Guaranty and the consequences and implications of Guarantors 01486611-1 Landlord: Tenant: Commercial Lease Page 10 of 13 execution of this Guaranty; and has been afforded an opportunity to have this Guaranty reviewed by and to discuss the terms, consequences and implications with an attorney or such other persons as Guarantors may have desired. 29. Public Records. Landlord is a public agency subject to Chapter 119, Florida Statutes. The Tenant is hereby notified that the Landlord is required by law, pursuant to Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Lease. To the extent that any litigation should be instituted by Tenant, either directly or as a third party, to prevent or prohibit Landlord from disclosing or providing information involving this Lease pursuant to a public records request submitted under Chapter 119, Tenant agrees that Landlord may either: 1) defend the claim up to and including final judgment, or 2) interplead the challenged information into the court. In either event, Tenant agrees to pay Landlord's reasonable attorneys' fees and costs, both trial and appellate. 30. Attorneys' Fees. In any legal proceeding, arbitration action, or enforcement action (whether or not a lawsuit is filed) arising under or in any way related to this Lease or related in any way to Tenant's occupancy or use of the Premises, the prevailing party shall recover from the non-prevailing party its attorneys' fees, costs, and expenses (including, without limitation, expert witness fees). [THIS PAGE IS LEFT BLANK INTENTIONALLY] 01486611-1 Landlord: Tenant: Commercial Lease Page 11 of 13 IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. LANDLORD: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Steven B. Grant, Chair TENANT: C LIFE C FOOD, INC By: Lucinda McGraw, President By: Lucinda McGraw, Individually By: Timothy Collins, Individually 01486611-1 Landlord: Tenant: Commercial Lease Page 12 of 13 EXHIBIT"A" LEGAL DESCRIPTION Lots 5 and 6, Arden Park, according to the map or plat thereof as recorded in Plat Book 2, Page 96; LESS and Except that portion conveyed to the State of Florida for road right or way in Official Record Book 1328, Page 369, Public Records of Palm Beach County, Florida. 01486611-1 Landlord: Tenant: Commercial Lease Page 13 of 13 EXHIBIT"B" CONCEPTUAL SITE PLAN 01486611-1 Landlord: Tenant: From:Tim Collins<tcollins129@gmail.com> Sent: Wednesday, May 5, 20214:58 PM To: Simon, Michael <SimonM@bbfl.us> Cc: Shutt,Thuy<ShuttT@bbfl.us>; Nicklien, Bonnie<NicklienB@bbfl.us>; Utterback,Theresa <UtterbackT@bbfl.us>; Steven B. Grant<steven@grantlegal.com> Subject: Re: Draft Commercial Lease Agreement-401-407 E. BB Blvd Good afternoon Michael, The Lease is very simple and straightforward.Thank you for that. However, there are some items to address. It seems that some of this is standard language for various applications in commercial leases that may not necessarily apply to this temporary type situation. 2. B.This 5%annual increase was not offered in my LOI or discussed during the meetings.This will have my rent increase over 50%over the life of the lease. Staff Response. The life of the lease is not pre-determined to last ten years. It might only last one or two years. This increase can be negotiated with the CRA Board at the IVla�t 11, 2021 meetino The following paragraph has me paying the real estate taxes on top of the rent. At a $900K+ purchase amount that will amount to over$1500 per month. Staff Response. This is the more typical situation involving tenant leases which is why it is included. This item can be negotiated with the CRA Board at the IVlay 11, 2021 meetin . The Personal Tangible Property Taxes are mine and are sent to the tenant annually from the county tax collector. We wish to pay them when due each as they tend to fluctuate quite a bit from year to year. 10. D Mentions "If Landlord so requires, the policies of insurance provided for above will be payable to the holder of any mortgage..." with regards to additional named insured. I know that this is standard, cookie cutter, language in most commercial leases. Is there a mortgage on this property as a CRA owned asset?This is just a question and not requested to be removed. Staff Response. At the present time, there is not a mortgage on this property. As you mentioned, it is in the lease"in the event"that condition changes in the future. 10.E.Tenant will be an additional named insured on Landlords policy to cross cover both of us, correct? Staff Response. The way the draft lease agreement is currently written for this section, the tenant is not named as additionally insured on the Landlord's policy against loss or damage by fire or other casualty. This is a term that can be negotiated with the CRA Board at the IVlay 11, 2021 meetino 11. Utilities-The final wording in Parenthesis states (it being the intention of the Parties to enter into a "triple net" lease). It was not my intention to enter into a Triple Net lease. Staff Response. This draft lease agreement has been written as a triple net lease, meaning that the tenant is responsible for paying the annual property taxes, insurance and maintenance for the property during the term of the lease. This item can be negotiated with the CRA Board at the IVlay 11, 2021 meetino 15. A.4. How does this paragraph affect how we will be financing our equipment required to deliver a beautiful retail space to the Community.That financing will be taken in a 5 year lease deal with Vend Lease which we have used previously. Staff Response. The lease term is a one (1)year term with nine (9) additional one (1) year renewal options. If you do not have the ability to terminate the lease for the equipment to match the property lease terms, this would be an item that can be negotiated with the CRA Board at the IVlay 11, 2021 meetino l5.Bl | request that there is sufficient time given to cure any defaults by either party.This states "Immediately re-enter". Staff Response: | reod this section toallow between 1Oand 3Odays for the tenant tocure odefault. If you disagree with these timeframes, this item can be negotiated with the CRA Board at the May 11, 2O21. CRA Legal Counsel Response: With regard to 15 B 1 (there being no default provisions stated for a Landlord default)these leases commonly do not contain such a provision and the tenant's rights would be as set forth in Chapter 83, FL Statutes There is also no language pertaining to a potential default by the landlord and the remedies. Staff Response: The draft lease agreement has been written from the perspective of the Landlord. The CRA Board attorney(s) has created this draft with input from CRA staff and I will ask them about the lack ofo Landlord Default section. Depending ontheir response, this item can be_neEotiated \With the CRA Board at the 2O.This mentions aGuaranty and one has not been requested orprovided. Staff Response: | will confirm that the term Guarantors refers tothe tenant outhe parties acknowledge the guarantees. CRA Legal Counsel Response: With regard to par. 28 (guarantors) confirm that it pertains tothe parties signing individually. To make itclearer inthe final lease we can move these 2 signature blocks under the heading "GUARANTORS" 30.The wording has me paying for any attorney's fees even if I prevail in any matter? Staff Response: This section state that "the prevailing party shall recover from the non-prevailing party its attorneys'fees, costs, and expenses (including, without limitation, expert witness fees)". This wording means that the losing party has topay the attorney's fees mfthe winning party. |tdoes not state that the tenant iu responsible for attorney's fees and costs if the tenant is found to be the prevailing/winning party. Additions | would like included: 1. Right of First Refusal on any purchase of the property. I will not interfere if that purchase is tied to the purchase ofthe whole block for alarger development. Staff Response: This item can be negotiated with the CRA Board at the May 11,2021. 2. Purchase option at a price to be determined at a future date and agreed to by the CRA Board. Staff Response: This item can be negotiated with the CRA Board at the May 11,_2021. As | look atthis email it seems like a lot, but it really isn't that much compared to most commercial leases I've negotiated. Most ofthis issmall stuff and clarifications. I am available to discuss any or all of this to get it cleared up and ready to execute next week. I am eager to get started. Thank you so much! Sincerely, Tim Collins The Fish Depot Drat Prefimun ry&te Man as Presented to duty staff on AprH 20,2021 EXISTING N 10'ALLE7' V in PLANTER I O 4 PLANTER N EXISTING O� COVERED AREA 107 N 23'.'X 1Ed0" O EXISTING EXISTING O STORAGE#3 RELIEVE AREA �f N106 104 2M'X9'.° i2-7",024 N I EXISTING 7O W STORAGE#2 Z O� 105 20'.•X9'.• Nd 40S 4 411 E.BOYNTON R s�rRoo O BEACH BLVD, p- � ONE STORY EXISTING GBS.BIIILDINCA 1401 401 E-BOYNTONSTORAGE #1 -0 18'-6" 26'-51/2" FFE=1294' BEACH BLVD., 1oz O AREA=3,68180.1`7. � s e ONE STORY °" GBS.BUILDING 1401 ME,129' AREA 2,018 6RO55 5F. EXISTING SERV COUNEXISTING . 10 (DO� SALES AREA 10'60134" o N 100 C)I ml UUU" ~I o PLANTER U OI CJS PLANTER 3 6 EXI5TING SIDEWALK ml LLI BOYNTON BEACH BLVD. NORTH a t �R FISH DEPOT PRE LJMINARY -NEW LOCATION-BUILDING RENOVATION- z1.ms SITE PLAN L.1- M STEVEN E.MYOTT CHECKED EY F, 'a T t I ' r. c' o DATE ssUEOFOR N1 4.212021 PRELIMINNRV REVIE SPA 'f 401 E.BOYNTON BEACH BLVD., r1 e N ,_ �_^"`� BOYNTON BEACH,FLORIDA 33435 ^' '. SCALE.1116"=1'-0" s C C C p « O O O O V c E E E E .O Z Y rn c EE 0 EO J J V v C C w U w w O O- 0 °- C C N ¢ o o � z z u � o � o Y Y ° � ° o - E o � v E c v E v v N ro ro > Y n O ro �o u E > > � EE o ° s u E c c fl s s v v O E v E c v v Y a E E E s v E Q O oo i� er a Oo a u, 0 a a < c Q o a � U °0 p 00 m m w vi °i -0 0 ° a C � Y O u � m O 00 ul V a o E 0.. N v Z > o ro W u a ° O s > V U s � F C W � o c E rn O N o ro F > ate+ O. V in c v 0 E O ° ° J 0. f- E 0 �' c O d Q v s W F 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: May 11, 2021 OLD BUSINESS AGENDAITEM: 15.C. SUBJECT: Discussion and Consideration of Terms for an RFP/RFQ for the CRA Project Located at 115 N. Federal Highway SUMMARY: In order to gather input from the community as to the future redevelopment project on the CRA owned properties located at 115 N. Federal Highway (see Attachment 1), the CRA Board finalized a list of 10 questions to be incorporated into the community survey at their February 9, 2021. As of Wednesday, March 3, 2021, the CRA received 507 responses through the Survey Monkey Platform and a detailed report is provided as Attachment 11. In addition to the standard requirements (e.g. financial capability and experience of the proposers, local hiring, Proposal submittal timelines, etc.), elements to consider when formulating the project components and evaluation criteria listed in a Request for Proposal for redevelopment of the 115 N. Federal Highway properties include but are not limited to the following: • A mixed-use project providing retail, office, grocery, and residential units; • Incorporation of public open spaces, plazas, publicly accessible WiFi, lighting and enhanced green spaces into the design including the preservation or expansion of Dewey Park; • Providing the opportunity and consideration for the CRA to fund the construction of public parking spaces over and above the amount required for the development itself; • Incorporation of multimodal accommodations and amenities into the Project's design; • Consideration of exterior design enhancements of proposed parking structures to ensure compatibility with the surrounding area; • Consideration of incorporating adjacent properties into the overall project; • Consideration of the overall design and positioning of key elements of the proposed project in recognition of the potential for a future commuter rail station on the west side of NE 4th Street; • Incorporation of a reverter clauses associated with CRA owned parcels; • Incorporation of first-right-of refusal clauses associated with CRA owned parcels; and, • Incorporation of terms for adherence to development timelines and property exchanges. • Value consideration for CRA owned parcels at$5.5 million Draft RFP/RFQ Timeline: • Final RFP/RFQ document approval by CRA Board on June 8, 2021. • Issuance date of RFP/RFQ document on June 14, 2021 • Submission deadline for RFP/RFQ no later than 2pm on August 17, 2021 • Presentation of Proposals to the CRA Advisory Board on September 2, 2021 • Presentation of Proposals to the CRA Board on September 14, 2021 • Selection of successful Proposal on either September 14, 2021 or October 12, 2021 BACKGROUND: At their December 8, 2020 meeting, the CRA Board discussed the pros and cons of entertaining one of the Letters of Intent submitted for the acquisition and redevelopment of the CRA owned property located at 115 N. Federal Highway. The CRA Board concluded that the Request for Proposals/Request for Qualification (RFP/RFQ) process would be the best way to solicit proposals while addressing the goals and objectives of the CRA Redevelopment Plan (see Attachment 111). Attachment IV provides a public comment log of comments received by staff regarding the redevelopment of the property. FISCAL IMPACT: To be determined by the CRA Board. CRA PLAN/PROJ ECT/PROGRAM: 2016 Community Redevelopment Plan CRA BOARD OPTIONS: 1. The CRA Board may determine that it is in its best interest to approve specific terms and conditions to be incorporated into a Request for Proposal/Request for Qualifications document and direct CRA staff to present a formal document for the Board's review on the next available agenda. 2. The CRA Board may determine that it is not in its best interest to approve specific terms and conditions to be incorporated into a Request for Proposal/Request for Qualifications document and direct CRA staff to present a formal document for the Board's review on the next available agenda. 3. Alternate determination based on CRA Board discussion and consideration. ATTACHMENTS: Description D Attachment I -Aerial Map of 115 N. Federal Highway Parcels D Attachment II -03.04.21 Community Input Survey Results D Attachment III -CRA Redevelopment Plan - Downtown District D Attachment IV - Public Comment Log for 115 N. Federal Highway Parcels f x o } {££ 'e Y3 -C M > ° �• �r t G 2 0�0 U 0 �' m wm � LA v r m £ ¢ 2 m m m ° m YJ c J - i CIA I Ir t O tp- tvvrnrnUrn� voit ED z m w m r z d ° ° m ° S " o cn } c ° w w `w m w O v °10 0 o > 0 0 v 0 .T uj m r£`1 w a m o LL a L ii LL E N m - - LL W m Z 2 Z Z LL Ln Z m O LLJ M n d � m Z M .--i Ln .--i O OV lA .i � O— N LL N ON 00 M 'm N Lf) 00 Ln w .. 0, n N 1A .. N IA .. N IA .. N 1A o ol6 N N f6 N N f6 N N f6 N N f6 N N +' f6 I i i - 3 `o -0 3 `o v 3 `o -0 3 `o 'o a t v { S ¢ O ¢ ¢ O ¢ ¢ O ¢ ¢ O ¢ ¢ OU ¢ N m N M lA u 4£ , ctrl " v „ ii a Oa LU p s.. m `< _ t � ft+",r,�. �fY EY>- � s3� '{1�� ";•E- [ I air � fvd- - a � I- ._ r r- — a Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q1 Would you like to see a future redevelopment project incorporate a mix of uses, such as (check all that apply): Answered: 505 Skipped: 2 None of the -_ above RestauranIMMEMEMEM Office r Retail RentaM�1'1 Apartment Condominiums 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES None of the above 12.08% 61 Restaurant 78.02% 394 Office 38.61% 195 Retail 69.70% 352 Rental Apartments 15.05% 76 Condominiums 25.74% 130 Total Respondents: 505 1/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q2 Would you like to see a full-service grocery store or corporate headquarters incorporated into a future redevelopment project? Answered: 504 Skipped: 3 Yes - No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 53.37% 269 No 46.63% 235 TOTAL 504 2111 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q3 Would you like to see a hotel incorporated into a future redevelopment project? Answered: 505 Skipped: 2 b �t `} Yes ` } No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 48.51% 245 No 51.49% 260 TOTAL 505 3/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q4 Would you like to see residential units built for a variety of income levels incorporated into a future redevelopment project? Answered: 507 Skipped: 0 Yes Rw No No= 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 27.61% 140 No 72.39% 367 TOTAL 507 4/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q5 Would you like to see larger than required public open space(s) incorporated into the design of a future redevelopment project? Answered: 506 Skipped: I s Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 79.64% 403 No 20.36% 103 TOTAL 506 5/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q6 Would you like to see more public parking spaces incorporated into a future redevelopment project? Answered: 505 Skipped: 2 s Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 80.79% 408 No 19.21% 97 TOTAL 505 6/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q7 Would you support paying for parking during special events and high traffic times? Answered: 505 Skipped: 2 Yes - No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 53.27% 269 No 46.73% 236 TOTAL 505 7/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q8 Would you like to see accommodations for mass transit, rail, or ride sharing amenities (such as bus stops, train, Uber, and bicycle) incorporated into a future redevelopment project? Answered: 505 Skipped: 2 4 Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 71.68% 362 No 28.32% 143 TOTAL 505 8/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q9 Are you a resident or business owner in Boynton Beach? Answered: 500 Skipped: 7 Resident Business Owner Both 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Resident 79.40% 397 Business Owner 4.80% 24 Both 15.80% 79 TOTAL 500 9/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q10 What is your zip code? Answered: 506 Skipped: I Boynton Beach Zip Codes 33435 =275 33426 = 76 33436 = 75 33437 = 39 Outside of Boynton Beach = 38 No Responses = 3 10/ 11 Public Input Survey for "Future" Redevelopment of BBCRA-Owned Property Q11 Please enter your email address if you would like to be added to the BBCRA email subscriber list to receive information about future redevelopment projects, programs, and events. Answered: 292 Skipped: 215 ANSWER CHOICES RESPONSES Address 0.00% 0 Address 2 0.00% 0 City/Town 0.00% 0 Company 0.00% 0 Country 0.00% 0 Email Address 100.00% 292 Name 0.00% 0 Phone Number 0.00% 0 State/Province 0.00% 0 ZIP/Postal Code 0.00% 0 11 / 11 tk`yn m1\)Jt' {� 2)� t1 v4 v} (s) {tA�` gl(',J�)s 'tlf�r��t� ,i�,v S( R.1t1y�i r s} �J b 1* � } fr, t' t r �F I 4 OAR BoYNTON BEACM c- 0%mmunity RedevvelOwmen-Ig- PI u---in gO s{}t£ltlf£ 7 k (S` li it r F II, try V� t WMAB 4 y ( llll 11,� M1 b''kk 1 k t } i $ l ) �F tl,, \j h; � si=„ {'s' � �'�l'`'fit, , )tii,l l t�`�i•{' '' (�� — ��` 00 tA'f(;, .. I Wy W ., �l��e{�llffz'flist�sttt (!s'1 qp +UAL k N St i it<< r ,u ,s , r isW`' sft,ly Ir 5 P � t s-.Y NO { i f— �, � s r z a a l S h M 80 nil; 0, j �4�t or>�,>0 Downtown District Introduction Planning Challenges Planning Considerations The Vision t�4 Recommendatio ns �11{ } !ill; Gas. `1�1` Introduction „ The Downtown District has been included in several planning efforts including the Federal Highway Corridor Plan, the Downtown Vision , . and Master Plan, and the original CRA plan ` adopted in 1984. It has long been the desire of the City to reinvigorate the historic center of Boynton Beach. Some progress has been made toward this goal with the development of the Casa Costa, Marina Village condominiums, ' and the soon to be completed 500 Ocean n '� mixed-use development. The CRA has invested in the redevelopment of the Boynton Harbor Marina to create a tourism w �� destination, preserve a working waterfront and o , support the boating community. The Agency planned and constructed the Boynton Beach Promenade that extends from Federal Highway . to the Intracoastal Waterway; the Promenade also connects to the City's Mangrove Walk Park ' and the Marina. Aye The Downtown District is bound to the north ?� by N.E. 7th Avenue, to the south by S.E. 12th � , It r. Avenue, to the east by Federal Highway and the Intracoastal Waterway, and to the west by the � - FEC Railway. The District connects via Federal Highway and S.E. 4th Street to the secondary development node at Woolbright and Federal Highway. Figure 40: Downtown District Location Map Downtown Boynton Beach is easily accessed via 1-95 and Boynton Beach Boulevard: the distance from 1-95 to Federal Highway is less than one mile. The City's beach at Oceanfront Park is only 1.7 miles from 1-95 or, for residents of one of the new downtown developments, a quick walk over the Ocean Avenue Bridge. The Tri-Rail Coastal Link commuter rail station is planned for the downtown at N.E. 4th Street between Ocean Avenue and Boynton Beach Boulevard. This led the City to adopt the Downtown Transit Oriented Development District, allowing for a 25% density bonus within '/2 mile of the future station. 82 P _t� e A second consideration is that the Downtown District is entirely enclosed within the Transportation Unlike Delray Beach or West Palm Beach, Boynton Concurrency Exception Area (TCEA) which, in Beach historically has only had a very small downtown addition to the residential exception area applicable area. It extended from just east of Federal Highway east of 1-95, exempts all development from the Palm to west of Federal Highway at Ocean Avenue. There Beach County traffic concurrency thus allowing have been very few commercial buildings that could denser development. be repurposed into restaurants and stores as Delray Beach has done. Consequently, the first CRA Plan The existence of both of these transportation- adopted in 1984 concentrated on the downtown oriented designations is a factor in considering where area (smaller than proposed in this plan) as a increased height and density will occur within the redevelopment priority. CRA district. The Downtown District's location in the Some of the planning challenges are: center of both the DTODD and the TCEA supports the highest density and height within this district. • Lack of developable parcels — assemblage is required f3sz4 • Property owners have unrealistic expectations '4 of the value of their property �,. • Not pedestrian friendly ` '^ �';; n • No shade trees + tE , t} • No public parking areas and little on-street parking ,} v.. • Lack of wayfinding signage ' t � • No design theme to create an identity w • Limited space on Ocean Avenue to locate retail % and restaurant usesnA, llnndn Considerations Several factors were considered in determining the land use designations for the Downtown District. First, the downtown will be the future site of the station for the planned Tri-Rail Coastal Link commuter service on ,s req" the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a '/2 mile radius around the station's location. The DTOD district regulations support increased intensity of development through a 25% density bonus. Figure 41: Example of District Planning Challenges 83 \ \ \ \ \ \ \ \ \ \ \ % \ t \ \ \ \ 84 Vision Downtown Boynton Beach will be where people live, work and play in an environment that provides bikeable and walkable access to the beach, restaurants, transit, parks and cultural experiences. There will be areas to gather and socialize. Entrepreneurs will open new restaurants and businesses creating financial benefits to the local economy. Attractive new buildings will provide housing for people of all ages and incomes, and accommodate new shops and restaurants. Recommendations.tions. St eetsc a n e Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Create a Complete Street design for Federal Highway including the addition of: • On-street parking • Bike lanes z4 Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. Ott. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8'wide clear sidewalk ,''R • Minimum 8'wide active use area abutting the buildings>> • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles ;`` • Active uses along the first floor of development • Canopy trees that provide immediate shading at time of construction • Bus shelters with unique design for the downtown district • Underground overhead utilities • Public art in key locations • Additional pedestrian crossings where needed • A greenway along SE 4th Street and Ocean Avenue connecting Pence Park and the Marina, per the Connectivity Plan • An eco-trail connecting the pedestrian zone to Mangrove Park, per the Connectivity Plan. 85 Recommendations: L nd Use To attract new residents and businesses, the area must present a unified vision for the future. Therefore, it is recommended that the changes to the Future Land Use map be made using the new future land use/ zoning structure as shown: Table 5: Recommended Future Land Use (FLU)Classifications within the Downtown District LAND USE DENSITY CORRESPONDING ZCHIHC DENSITY MAX CAP* HEIGHT HighDensity p { }dd'rr 9p ®may ®D .{5 45' 15 ®�-T7 I'.PUI�-,.PUD {U' TLJ Residential Mixed-Use 50 MU-2 46 66` Medium MU-3 66 76` Mix Use High 80 MU-4"" 60 160" U Core 66 159 General {f�4 f34s} Commercial ria C-4 rVa 45' '= Industrial a M-1 r n/a 46 Recreation rVa Recreation n/a 46 *Properties located within the TOD may recieve a 25%density bonus G#' 1 III IN i � U- High 0 d da (Zoning W-Core) Max height 150' TOD Density Bonus Commercial uses required to front ° Federal Hwy � 50'Raise Maximum MLI- Med +40-50dudae Max eight,- 65'-75' TCDD 5onus a (height f density) I Commercial uses required to front: Federal Hwy Building frontage required on SE 411 Street: Maas 4 steries on SE 411, street 4- r Figure 42: Cultural District Example Projects 86 4 rcy I ��}! •I , � t 4 f ya'f C `•`��m ! e ani�� w •t n � ��.� att� ih i y I , r , z TV yy �, b } 4 '�e7L�41 Y ylra a�ryad Is•��I � �}})( �_ �� '�� } 1 #''.rte Far t.t�l Lt MIKA,I AlIlkac 5 1 I Figure 43: Recommended Land Use for the Downtown District 87 Recommendations:tions: Urban DnqigR In order to promote an active and walkable built environment in the Downtown District, the following recommendations apply: • Active commercial uses shall be required on the street frontage of Ocean Ave.Automobile oriented uses, such as gas stations, car washes, and drive-thrus, are prohibited. • The build-to line shall accommodate a ten foot sidewalk, mature shade trees (at install), street lights and street furniture • Buildings fronting Federal Highway, Boynton Beach Boulevard and S.E. 4th Street shall have a 60-90% window to wall ratio on the first floor. • Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zone • Buildings fronting Boynton Beach Boulevard or Federal Highway shall have a minimum height of 30' • Buildings fronting Boynton Beach Boulevard and/or Federal Highway shall be a maximum of 45' in height, any additional height permitted by the zoning districts must be stepped back proportionately s to the overall height, a minimum of 10' deep. fParking shall be located to the rear or side of the property. Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton r beach Blvd or Federal Highway. � All buildings along Federal Highway must have pedestrian access from the right-of-way/sidewalks. rt The main pedestrian entry, or front door, must be fronting Federal Highway. Y. ` Where mixed use development is proposed adjacent residential areas, the residential areas shall p p p j ��- be protected through the residential compatibility standards and the use of landscape buffers and/ or walls as appropriate. - Staff will review architectural styles and make recommendations regarding Architectural Guidelines that may enhance the character of the District. This process will include public input. MW r Nk IN k Figure 44: SE 4th St. Example Mixed Use Medium Project 88 esidenbaVOrr e x �E�51d�ntidaf y ri z N 1 1 'y .. y y, r. &cycle Path parallel paferg ysy re zy IA n!r is tsJ yJ Street '* �11 OWYC112 Path Space Garage oess )1; 4�aralt6arkin On-site Parking \,( Pedestrian Zone k "deatrian Zone ParallelPatking Dicycle,Path pParallel PaMmg `II Bicycle Path Figure 45: SE 4th St. Design Diagram 89 �.Z I �g�yfig y® f Y �Il I [1 W11, � �<q��,'�l � ZRR i3 fr S , If Ni 71 i ua , Figure 46: Example of Mixed Use High Project in the Downtown District 90 w I , „ I t I� 1 f �P vfp �n �•Y :. f i t4 �� L!� wtp� I a a � a i ly k. k fi I u I ' I Y ra t -�.�..-" r� ��` A.,• OR f �ltts 47, 10 i l I;,tr x F � 1� , 7 M 4 I g`r � r � k Figure 47: Downtown District Master Plan 4 II ,t•,�, ,„ `1�� it��1�� y �l�r l(tsly�f 11i�� J�l[�r �i i�tiS} s4r j �rit��t�)�yyy t�l ley it � iy 1 s u 4 r' r r I I n�i�pp�,,IfI �1 E i I I j tr r��,, tr ss�'�`t�Yrtstr s t tt 1 a r, s \ ll n �4 lil liIk ��»21 fii�i rz X14 — _ 42 2020 CRA COMMENT LOG for 115 N. FEDERAL HWY nay,r � nQa C', 8/25/2020 Email Paul Kirchoff 9/6/2020 Email Kim Kelly 9/6/2020 Email Susan Oyer 9/8/2020 Email Paul Kirchoff 10/13/2020 Email Susan Oyer 11/4/2020 Email Brian Benninghoff 11/10/2020 Email Eleanor Essery 11/10/2020 Email James Kosluk 11/20/2020 Email Mary Chaundy dn-,iinistrati °e Assistant City Manager's Office e - Mailing address: P.O. Box 310 Boynton Beach, Florida 3425 Physical address: 100 E. Ocean Ave. I Boynton Beach, Florida 3435 561-742-6015 11�00 CITY OF BOYNTON BEACH Please be advised that Florida has a broad public records law and all correspondence to nie via entail n-,Iay be subject to disclosure.Under, Florida records law, en-iail addresses are public records.Therefore, your,e-n-iail on-in-wni ation and your,e-mail address n-,iay be subject to public disclosure. From: Paul Kirchhoff<pkirch @ bell south.net> Sent:Tuesday, August 25, 2020 12:20 PM To: Romelus, Christina <RomelusCC bbfl.us>; Hay, Woodrow L. <HayW bbfl.us>; Katz,Justin <KatzJrC bbfl.us>; pensergat bbl.us;grantbbfl.us; Grant, Steven <GrantSCbbfl.us> Subject: Development possibility So, let me get this straight... A developer wants to make a bet on downtown that will bring in 500 new residents, bring in millions in property taxes AND get our 3 million back that we horrifically overpaid for the church building, And you are considering scrapping the idea because Hurricane Alley needs parking? I am as big a fan of Hurricane Alley than anyone, but they have street parking and parking next to the tracks. Can't we just carve out a dozen or so spaces for them in the proposed garage and be done with it? HOW LONG will we have to wait to finally get a viable downtown? I am afraid I'll be dead and buried before I see it. I share Steven Grant's desire for a train station, but the "Coastal Link' is a decade or more away. Is there some way you could craft a plan that calls for an option on a piece of the development for that station should that rail project ever come to fruition? The downtown Master plan depicts a train station right across the street from the French restaurant. This is currently used as an FEC railroad spur. The fact that we have a very visible parcel of land in our downtown that is used for stacking railroad ties and track maintenance vehicles is outrageous. Can we perhaps use the 3 million from the sale to buy FEC out for use for parking and/or a future train station? Or use it to buy other land in Boynton that they could use for the spur? We are really not going to have a beautiful downtown unless that goes away. Count me in as strongly SUPPORTING the mixed use development at the site of the old church and parking lot. It is EXACTLY the kind of development that downtown needs. Paul Kirchhoff Downtown resident since 2005 2 "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT BOY t i m"""" amBEACH C R,,A ity: i OPMENT A M. America's Gateway to the Gulfstream Please e advised that Florida has a goad public records law and all correspondence ence to n-ie via en-rail n-,Iay e subject to disclosure.Under, Florida records law, en-sail addresses aro public records.Therefore, your,o-n-iail on-in-wni a ion ars our,o-n-iail address n-,iay e subject o public disclosure. From: Kim Kelly<harleycabo@gmail.com> Sent: Sunday, September 6, 2020 1:36 PM To: LaVerriere, Lori <LaVerriereL@bbfl.us>; Simon, Michael <SimonM@bbfl.us>; Grant, Steven <GrantS@bbfl.us>; Hay, Woodrow L. <HayW@bbfl.us>; Katz,Justin <KatzJr@bbfl.us>; Penserga,Ty<PensergaT@bbfl.us>; Romelus, Christina <RomelusC@bbfl.us> Subject: 115 N Fed Hwy Please see attached as I would like to add this to the proposal for development at 115 N Fed Hwy Boynton Beach, Florida 33435 to be considered at the Sept 8th Board Meeting Kim Kelly 529 E Ocean Ave Boynton Beach FI 33435 561 364 4008 "! 561 364 4083 office 3 �- r�i 1 ._. ..✓,{� ,t _ r {1 b�.•. , r-, . ,.;4,i.0 t,t t},',.. 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Fed. Hwy. Public Comment Attachment, please see the email below and attached image. Michael Sin-,ion,n, FR A-R A, CP3P, EI E3 Executive Director Boynton Beach Con'imiunit I ede °elr:pn—,ient Agency 100 E. Ocean Ave. Boynton Beach, Florida 33435 561-600-9091 a 1-333-32ata Sin-,ionM@bbfl.us http://www.boyntonbeachcra.com BOY �" ,C RA COMMUN ITY RUI)EVRI CFMWr America's Gateway to the Gulfstream Please be advised that Florida has a goad public records law and all correspondence to mie via enIail n-,Iay be subject to disclosure.Under, Florida records law, en-,,ail addresses are public records.Therefore, your,e-n-,,ail on-imiuni ation and your,e-niail address n-,iay be subject to public disclosure. From: Susan Oyer<susanoyer@gmail.com> Sent: Sunday, September 6, 2020 5:26 PM To: Grant, Steven<GrantS@bbfl.us>; Penserga, Ty <PensergaT@bbfl.us>; Hay, Woodrow L. <HayW@bbfl.us>; Katz, Justin <KatzJr@bbfl.us>; Romelus, Christina<RomelusC@bbfl.us>; LaVerriere, Lori <LaVerriereL@bbfl.us>; Simon, Michael <SimonM@bbfl.us> Cc: Kim Kelly <kimalley529@ comcast.net>; Kim Kelly <harleycabo@gmail.com> Subject: 115 N Federal Hwy project Dear Mayor,Vice Mayor, Commissioners, City Manager, and CRA Director: 1 I am writing to you all today to encourage you to NOT approve the project for the 115 N Federal Hwy/church property you received in August by Bill Morris and his partners. As a longtime resident of Boynton Beach, and taxpayer, I encourage you to listen to the people and build a project we can all be proud of, that will match the character of our city, and will incorporate its surrounding neighbors. We have an amazing city that sits closer to the Gulftstream than any other city in North America; we have insanely great fishing; we have our share of The Everglades; we have affordable shopping in our mall and designer shopping a short drive away in Palm Beach and Boca Raton; we have "location, location, location" being the midpoint between West Palm Beach and Boca Raton; we offer our residents more family-friendly and fun events than any other city in our county; we are one of the oldest cities in the county with a unique history; and so much more. People want to live in our beautiful, historic city that sits next to the water. But we need smart growth! Below you will find not only my criticism of the project that was presented, but also suggestions to improve it and make it acceptable to the residents. Much of this was covered in my facebook posting to most of you in the last week. First, 8 stories--seriously?! I and the other residents of this city have repeatedly told you we do not want buildings taller than 4 stories in our city. I understand the need for nodes, but that doesn't mean I or other residents want them or feel that they are in keeping with the character of our city. The other residents that have repeatedly stood up and fought against unsightly, out of architectural character, non-compatible buildings should not be ignored either. Countless residents speaking to this on Facebook today, Sunday 9/6. Smart development means doing what is right, and a 4 story maximum is what is right. How does 8 stories with a modern look fit into the character of this part of the city? No compatibility with other buildings sitting on the blocks. The architecture doesn't complement existing mid-century or 1920's architecture. What is the plan for incorporating the surrounding buildings into this development so it looks cohesive? Second, parking! According to the study the commission received about 4 years ago, the downtown was about 1,200 spaces UNDER parked. Harry Woodworth's motto, "don't build it if you can't park it" should be at the forefront of all your decisions. The spaces this new project proposes doesn't touch the approximately 152 we are losing. I'm attaching my parking space count from 2 Sunday's ago. Remember, Hurricane Alley has approximately 50 staff(luckily many walk or get a ride to work), Oyer Insurance has approximately 25 employees, the offices at 533 E Ocean has a dozen employees with the 4 businesses, and there are 5 apartments with tenants. The 515-517 where Fashion Shoppes used to be is currently being renovated back to its original 6 units with multiple tenants who will need parking for the employees. And all these businesses bring in customers, but none more than Hurricane Alley--easily one of the busiest restaurants in our city. Add on parking needs from Ace Hardware, Boardwalk Ice Cream, and the convenience store on Ocean and Federal during busy times. See the next point for my solution. Third, we need parking &purchased homes, we don't need more apartments. A study released in the last 2 or so years shows that Boynton Beach is over-saturated with apartments. We need homes that people can afford to buy, but realistically, this area would be best served with townhomes at full market value. I hope you saw my facebook post with the picture (attached) describing my ideas. A setback from my family's Ocean Avenue buildings; and compatible architecture with our buildings and Ace Hardware and the other peripheral buildings. My thoughts: build townhomes around the periphery of the project; in the middle, build a 4 story parking garage with amenities for the residents on top: pool, gym, sun deck, extensive plantings like City Palms buildings in WPB; residents and their guests would be able to park on the 4th floor, local businesses could park their employees on the 3rd &extra space on the 4th floor; and that would leave floors 1 & 2 of the parking garage to provide parking for the public. Parking problem solved to a large degree! On the 2 floors above the townhomes, add pocket balconies for trees on the parking garage as in the photo. Plan for living roofs 2 on the townhomes as well as roof access for their owners so they can garden/have private gardens. Access to the parking garage can be at the NW and SW corners--facing the railroad tracks. We need more density and these townhomes, plus other planned projects (that need to become smarter) will give the needed density. Yes, we need workforce/affordable housing, but not in the area where we can get top prices for luxury living spaces!!!! This idea helps with our needed urban tree canopy needs, makes downtown a unique architectural destination in our county, helps with the urban heat islands that have been created by the last 2 commissions/CRA boards with the concrete canyons being planned for US1/downtown, and would be visually stunning as "living art". Leave the alley behind my family's buildings so customers can still drive in to pick up take away orders from Kim (covid/pandemic accommodation); remember 2 of the buildings are front and back access for over 6o years now; and put in a green space buffer for the townhomes on this southern end. Fourth, we need to leave space for the impending train station that is due in the next 20 years. Yes, we need to increase the amount of housing and office buildings in the area, but not at the expense of the station. Plan! Remember, you'll be able to add parking, offices, and more luxury townhomes/condos someday on the Bank of America site and the "Villages" site. We really don't ever need more retail under residential, but the "Villages" can handle the needed 2-3 retail spaces (restaurants/convenience store) for the Tri-Coastal Link trains. No building up next to the railroad. Fifth, do not allow this developer to take our public park from us! This park belongs to the public, and should not be controlled by the developer. In any way. Let them adopt the park to pay for the cleaning/maintenance if they really want to help. We have too little greenspace in our city; the study from several years ago showed our lack of greenspace is adversely impacting our property values. We need more greenspace out of any incoming project. The park belongs to the residents-- not some random developer. Are you not learning anything from the Town Square debacle?! Keep the park in public hands. Park adoption is their option--not concerts or other loud projects that adversely impact those living adjacent. Sixth, the proposed project, at 8 stories, will involve lots of pounding the foundation. Months of pounding that adversely impacts the businesses for a couple block radius. It will damage my family's buildings, including our building that houses Hurricane Alley--it is 95 years old and the oldest commercial building in Boynton Beach. My father's insurance sign on the east side is recognized in our city's historic preservation manuals as an example of historic signage. I can't tell you how many people have told me that my father's sign is their place marker for our city--they know they are in Boynton when they see it! The pounding will damage the Oyer building(s) and those other surrounding buildings. We don't need 8 stories and the damage caused by the pounding. Imagine trying to run your business/live in that 5 or so block radius with loud pounding and ground shaking for 8+ hours a day for months: things fall off bookshelves; doors don't fit in their frames anymore; glassware is damaged; you get foundation damage; your building or house gets wall cracks; you can't sleep properly which impacts your health; your pets are scared; and so on. What about sinkholes or saltwater intrusion caused by the foundation pounding for such a tall 3 I project? 1L'L_JLDs:ZZpaLc1,..coni 11—orida neymortridtey/ iiikt,oes-iii-florida-catises-Dreveli'Lioli-alid- IV ----Z_ _b �-p- ------------ ------------------------- _(dJani.a_gt-1r _qgg_ Consider this notice that any and all damage to my family's buildings will be expected to be repaired by the city, CRA, and the developer back to the pre-construction condition--- I'm sure you are planning for this. I'm assuming there will be provisions for repair to all the local buildings and homes that will be impacted if such a tall structure is built. 500 Ocean, at its reduced height, caused damage to the Hurricane Alley building from its foundation pounding. 8 stories will cause more damage. Even my reduced height suggestion, with a setback, will cause damage. at plans are in place by the developer to mitigate damage to all the commercial buildings and homes in the area? The damage will possibly extend to Casa Costa and homes to the south west Plus 500 Ocean, Mariner Village, and all the buildings/homes/apartments to the south east. Seventh, and if not damage, definitely TONS of unhappy business owners taking a hit to their business from customers who don't want to endure the ground shaking and noise to visit these businesses. What about the economic impact--on top of/right after a hit by the pandemic? Who is compensating these businesses? Kim Kelly will take the biggest hit--she has back area dining--who wants construction dust in their food and beer? Mitigation???? Thank you, all of you, for taking the time to read this long email and for taking my insights into consideration as you move forward on this project. Susan Oyer 4 ry — f r �F 1 r� r kir �r t s a I�! r St; s t.. "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT Nicklien, Bonnie From: Simon Michael Sant Tuesday, September 0l2O2O3:S6PM To: NicNien' Bonnie Subec FW:There's More! Hi Bonnie: The email below can be added to the public comment attachment for the 115 item. Michael Simon, FRA-RA, CP3P, LRES Executive Director Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 t� ��1-�UO-�U�1 | �� 561-737-3258 �= ' m�w SimonK4@bbf|.ua http://vvvvvv.bnyntonbeachcra.com BOYN BE COMMUM America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to mie via en-,Iail n-,Iay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. Fromm:VVoh|er, Pamela Sent:Tuesday, September 8, 20203:18PM To: Simon, Michae| <SimonM@bbf|.uo> Subject: FW:There's More! For your records below z dn-,iinistrati °e Assistant City Manager's Office e - Mailing address: P.O. Box 310 Boynton Beach, Florida 3425 Physical address: 100 E. Ocean Ave. I Boynton Beach, Florida 3435 561-742-6015 11�00 :�i�t:rl. lerE'�� &us oynton-beach.org/ CITY OF BOYNTON BEACH Please be advised that Florida has a goad public records law and all correspondence to nie via entail n-,Iay be subject to disclosure.Under, Florida records law, en-iail addresses are public records.Therefore, your,e-n-iail on-in-wni ation and your,e-mail address n-,iay be subject to public disclosure. From: Paul Kirchhoff<pkirch @ bell south.net> Sent:Tuesday, September 08, 2020 3:04 PM To: Grant, Steven <GrantSC bbfl.us>; Hay, Woodrow L. <HayW bbfl.us>; Penserga,Ty<Penser aT bbfl.us>; Romelus, Christina <RomelusCC bbfl.us>; Katz,Justin <KatzJrC bbfl.us> Subject:There's More! I see the FEC has decided to deposit even MORE railroad ties in our downtown. IF AT ALL POSSIBLE, please include in the deal with the developers the certainty that this land can be reclaimed for city use, either by lease or sale. We now literally have a DUMP in the heart of our downtown, and it will never be truly developed unless something is done about it. If not possible (FEC may simply refuse to negotiate), this should not disqualify the deal, as the Van Arnem team are excellent developers and it is just the EXACT type of development we are looking for as a city, but please, PLEASE negotiate this because finally being rid of hideous junkyard would be a great asset to the city. Paul Kirchhoff 2 "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT Nicklien, Bonnie From: Simon, Michael Sent: Tuesday, October 13, 2020 11:28 AM To: Nicklien, Bonnie Cc: Shutt,Thuy Subject: FW: parking downtown Attachments: satellite parking pic--edit--marked up--152jpg Hi Bonnie: Will you please keep this for next month's public comment log. Thank you. Michael Sin-,ion,n, ER A-R A, CP3P, EI E3 Executive Director Boynton Beach Con'imiunit I ede °elr:pn—,ient Agency 100 E. Ocean Ave. Boynton Beach, Florida 33435 561-600-9091 a 1-333-32ata Sin-,ionM@bbfl.us 10 http://www.boyntonbeachcra.com C 3 L9 WN BOYN BE "C'R COMMUM REDEVELOPMENTAMCY America's Gateway to the Gulfstream Please be advised that Florida has a goad public records law and all correspondence to mie via enIail n-,Iay be subject to disclosure.Under, Florida records law, en-,,ail addresses are public records.Therefore, your,e-n-,,ail on-imiuni ation ars your,e-niail address n-,iay be subject to public disclosure. From: Susan Oyer<susanoyer@gmail.com> Sent: Tuesday, October 13, 2020 7:45 AM To: Grant, Steven<GrantS@bbfl.us>; Penserga, Ty <PensergaT@bbfl.us>; Hay, Woodrow L. <HayW@bbfl.us>; Katz, Justin <KatzJr@bbfl.us>; Romelus, Christina<RomelusC@bbfl.us>; Simon, Michael <SimonM@bbfl.us>; LaVerriere, Lori <LaVerriereL@bbfl.us> Cc: Kim Kelly <harleycabo@gmail.com> Subject: parking downtown i Dear all: As more discussions happen regarding the 115 N. Federal Hwy area, you will hear more "promises" on parking. The most recent offers up 120 public spaces I believe? I'm attaching the parking count I made about a month or so ago. I've marked up the map so you can see what spaces are where. Depending on how people park along the tracks, you get about 152 spaces in this immediate area. Note we've lost 10 spaces when the city remarked the spaces--I believe I've complained about that in the past. You may want to consider the on street parking being compact cars only like so many cities around the world have done. Then you can get more parking in. Plus, it sets the right tone in our forward- thinking, sustainable city. Let's not reward people for making poor car choices when they buy gas- guzzling, environment destroying massive vehicles that they just don't actually need. Let's reward people for making the right choices for our city, our planet. https://www.youtube.com/watch?v=L113htfrgeQ As we come into the new paradigm taking hold on the planet, will we be on the right side? Will we be leading? Will we be making the right choices for this increasingly over-populated planet? Feel free to let me know if my math is off. Susan Oyer 2 ry — f r �F 1 r� r kir �r t s a I�! r St; s t.. "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT BUCHANAN PAPTNERS November 2, 2020 Michael Simon Executive Director Boynton Beach Community Redevelopment Agency 100 E. Ocean Avenue Boynton Beach, FL 33435 Dear Michael: Thank you again for meeting with us and Davi Camalier on The Boynton Beach project. We look forward to working with you on that. I am writing to you concerning the CRA property at 115 N. Federal Highway, the site across the street from our project. I realize we have not been involved in the process involving that property up to this point. But we have looked at the proposed plan under the current submission for the site, and we feel that what is proposed is not best for that particular neighborhood nor for Boynton Beach in general. We feel Boynton Beach would benefit from a more walkable, pedestrian friendly development—one that would be lower scale, involve a mix of uses and create a focal point and gathering space for residents and visitors alike. The CRA site is perfect for that type of destination project. That block on Federal Highway, where the CRA site is located, already has a number of the types of users we are talking about. We think it would be beneficial to maintain those users and add more in a well-designed, plaza-like setting that creates gathering space, public amenities and easily accessed retail and restaurants. We also believe the CRA site is the best Iocation for a hotel. Being walkable to restaurants and retail, close to the marina and the Inter-Coastal and not far from the beach, the best chance for a good quality hotel would be in a mixed-use development on the CRA site. And lastly, the potential rail stop should be incorporated into the design in a significant way. A rail stop will bring riders, and the station should be integrated into the project in a visible and highly accessible manner. 9841 Washingtonian Boulevard,Suite 300.Gaithersburg,Maryland 20878.P.301.417.0510.F:301.417.1594.www.buchanapa3viers.c0111 i 1 is t Taken all together, the CRA site provides the opportunity to anchor downtown Boynton with a mix of destination uses. With public space and pedestrian walkability this type of development will draw people downtown and provide amenities for the surrounding projects. There are plenty of sites in Boynton Beach for mid and high.-rise residential. However, from what we have seen, this CRA site is the only one where a truly transformative development can take place. W ouldFbtalou about this further, and look forward to working with you. are Brian S. BPrincipal Buchanan cc: Commissioner Christina Romelus, District II Commissioner Woodrow L. Way, District II Commissioner Justin Katz, District Vice Mayor Ty Penserga, District IV Mayor Steven B. Grant, At-Large Davis Camalier BSB/jhc 9841 Washingtonian Boulevard,Suite 300.Gaithersburg,Maryland 20878.P: 301.417.0510.F:301.417.1594.www.buchanapartners.coni #: "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT Nicklien, Bonnie From: Simon Michael Sant Thursday, November 12' 2O2O11:32AM To: NicNien' Bonnie; Shutt, Thuy Subect FW: Downtown development For the back-up to11Sbelow. Michael Simon, FRA-R/, CP3P, LRES Executive Director Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 �- ��1-��-��1-�UO-�U�1 | �� = ' m�w SimonK4@bbf|.ua http://vvvvvv.bnyntonbeachcra.com �� | �� BOYN I BE COMMUNrfY REDEVELOPMMAGMY America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to mie via en-lail n-,Iay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. Fromm:VVoh|er, Pamela Sent:Thursday, November 12, 20209:44AM To: Simon, Michae| <SimonM@bbf|.uo> Subject: FW: Downtown development FYI below z i. i } �a A Pan-iela Wo filer` dn-,iinistrati °e Assistant City Manager's Office e Mailing Address, P.O. Box 310 Boynton Beach, Florida 3425 Physical Address, 100 E. Ocean Ave. I Boynton Beach, Florida 3435 561-742-6015 Wohler`E'@bbflius boynton-bear'hior / ME== 13 ml I I ' CM F HIMHF Please be advised that Florida has a broad public records law and all correspondence to n-ie via en--ail n-,Iay be subject to disclosure.Un er, Florida records law, en--ail addresses are public records.Therefore, your,e-n-iail on-in-wni ation ars your,e-n-iail address n-,iay be subject to public disclosure. From: Eleanor Essery<eleanoresseryr mail.com> Sent:Tuesday, November 10, 2020 4:34 PM To: Grant, Steven <GrantSC bbfl.us>; Penserga,Ty<Penser aT bbfl.us>; Hay, Woodrow L. <HayW bbfl.us>; Katz, Justin <KatzJrC bbfl.us>; Romelus, Christina <RomelusCC bbfl.us> Subject: Downtown development I want my vote counted,I do not want to see yet another apartment complex going in the area. WE need hotel accommodations for when family visits. Tourists spend more money while on vacation than people who live here. THE CRA STATES THEY HAVE HAD NO INTEREST FROM ANYONE ON THE LOT BEHIND US EXCEPT FOR THE MIX USE APARTMENTS WHICH IS UNTRUE. A LETTER WAS WRITTEN BY A DEVELOPER JUST RECENTLY AND EMAILED TO ALL LEADERS AND THE CRA STATING THEY WOULD BE INTERESTED IN A HOTEL AND PUBLIC SPACES . THIS NEEDS TO BE ADDRESSED AND NOT SHOVED UNDER THE CARPET!! SPEAK OUT NOW AND LET YOUR VOICES BE HEARD!! THE CURRENT PROPOSAL WAS HIDDEN FROM NEARBY OWNERS AND THE COMMUNITY BY THE DEVELOPER THAT WANTS APARTMENTS SO IT COULD BE SLID THROUGH WITHOUT OPPOSITION AND I KNOW THIS IS TRUE BECAUSE HE TOLD ME!!! MORE SHADE THAN A CLOUDY DAY DURING A TROPICAL STORM!!! EMAIL YOUR LEADERS NOW THE VOTE IS AT 5:30.. We want more options not just the shady ones!!!!! 2 "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT Nicklien, Bonnie From: Simon Michael Sant Thursday, November 12' 2O2O11:32AM To: NicNien' Bonnie; Shutt, Thuy Subect FW: Condos For the back-up to11Sbelow. Michael Simon, FRA-R/, CP3P, LRES Executive Director Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 t ��1-�UO-�U�1 | �� ~� 561-737-3258. N�� SimonK4@bbfLua http://vvvvvv.bnyntonbeachcra.com �� 8 �� w �� m�� 1010111111 1kc COMM Y RMPAIMAENTAGMY America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to mie via en-lail n-,Iay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. Fromm:VVoh|er, Pamela Sent:Thursday, November 12, 20209:42AM To: Simon, Michae| <SimonM@bbf|.uo> Subject: FW: Condos Good Morning Mike, Adn-,iinistrative Assistant City Manager's Office e - Mailin address: P.O. Box 310 Boynton Beach, Florida 3425 Physical address: 100 F. Ocean Ave. I Boynton Beach, Florida 3435 561-742-6015 11�00 CITY OF BOYNTON BEACH Please e advised that Florida has a goad public records law and all correspondence to n-ie via en-rail n-,Iay e subject o disclosure.Under, Florida records law, en-,,ail addresses are public records.Therefore, your,e-n-iail on-in-wni a ion ars your,e-n-iail address n-,iay e subject o public disclosure. From:james kosluk<iamesk002000@yahoo.com> Sent:Tuesday, November 10, 2020 5:27 PM To: Hay, Woodrow L. <HayW@bbfl.us> Subject: Please do not vote for condos Sent from Yahoo Mail for iPad 2 "SEPARATOR PAGE" CONTINUE TO NEXT COMMENT Nicklien, Bonnie From: Simon Michael Sant Thursday, November 12' 2O2O11:33AM To: NicNien' Bonnie; Shutt, Thuy Subect FW: N(] MORE Mix Use Apartments inBoynton Beach For the back-up to11Sbelow. Michael Simon, FRA-R/, CP3P, LRES Executive Director Boynton Beach CommunityRedeve|opmentAgency 1OOE. Ocean Ave. | Boynton Beach, Florida 33435 �- ��1-��-��1-�UO-�U�1 | �� = ' m�w SimonK4@bbf|.ua http://vvvvvv.bnyntonbeachcra.com �� | �� BOYN I BE COMMUNrfY REDEVELOPMMAGMY America's Gateway tothe Gulfstream Please be advised that Florida has a broad public records law and all correspondence to mie via en-lail n-,Iay be subject to disclosure.Under, Florida records |ovv, email addresses are public records.Therefore, youre-moi| communication and youre-moi| address moy be subject to public disclosure. Fromm:VVoh|er, Pamela Sent:Thursday, November 12, 202010:04AM To: Simon, Michae| <SimonM@bbf|.uo> Subject: FW: NOMORE Mix Use Apartments inBoynton Beach FYI below z Adn-,iinistrative Assistant City Manager's Office e - Mailin address: P.O. Box 310 Boynton Beach, Florida 3425 Physical address: 100 E. Ocean Ave. I Boynton Beach, Florida 3435 561-742-6015 11�00 CITY OF BOYNTON BEACH Please e advised that Florida has a goad public records law and all correspondence to n-ie via en-rail n-,Iay e subject o disclosure.Under, Florida records law, en-,,ail addresses aro public records.Therefore, your,o-n-iail on-in-wni a ion ars your,e-n-iail address n-,iay e subject o public disclosure. -----Original Message----- From: Mary Chaundy<mchaundy@yahoo.com> Sent:Tuesday, November 10, 2020 4:12 PM To: Grant, Steven <GrantS@bbfl.us>; Penserga,Ty<PensergaT@bbfl.us>; HayW@bblf.us; Katz,Justin <KatzJr@bbfl.us>; Romelus, Christina <RomelusC@bbfl.us> Cc: Mary Chaundy<mchaundy@yahoo.com> Subject: NO MORE Mix Use Apartments in Boynton Beach Good Afternoon, Normally, I do not voice an opinion to my city leaders but today I am compelled to act.The City of Boynton Beach does not need any additional Mix Use Apartments in downtown Boynton Beach. A better use for this property off of Ocean Avenue, would be a hotel that would bring tourists into our city to enjoy all that it has to offer. I understand that another developer submitted a letter of interest to build a hotel at that location. Do not allow this letter to be hidden. STOP allowing the CRA to bury this letter so that the shady developer who wants to build the mix use apartments is awarded the bid. We do not need more apartments that will sit vacant in our city! I have been a resident of Boynton Beach for over 20 years and enjoy visiting the local shops and restaurants downtown. We need to attract more tourists to our beautiful city that will support the local businesses downtown to help them thrive. if this letter from this developer gets buried... it will only add additional support to the premise that all government officials are corrupt. Respectfully, Mary Chaundy 8290 Bermuda Sound Way Boynton Beach, FL 33436 Sent from my iPad 2 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: May 11, 2021 OLD BUSINESS AGENDAITEM: 15.D. SUBJECT: Consideration of Approval of Boynton Village, LLC a/k/a The Preserve's Performance Audit for Year Ending December 31, 2020 for Compliance with the Direct Incentive Funding Agreement SUMMARY: The CRA entered into a Direct Incentive Funding Agreement with Boynton Village, LLC in December 2006 to provide incentive funding for the construction of affordable, fee-simple for sale townhouse units as part of the Agency's home ownership program. Subsequent amendments were approved by both parties; the First Amendment dated January 2008; and the Second Amendment dated October 2010 (see Attachment 1). On March 14, 2016, the CRA Board reviewed and approved the first year property tax increment reimbursement payment in the amount of $45,759. On June 12, 2018, the CRA Board reviewed and approved the property tax increment reimbursement payment in the amount of $73,611 in accordance with their Compliance Audit for the paid property tax years of 2016 and 2017. On March 13, 2019, the CRA Board approved the property tax increment reimbursement payment in the amount of $77,762 in accordance with their Compliance Audit for 2018. On March 19, 2020, the CRA Board approved the property tax increment reimbursement in the amount of$81,861 in accordance with their Compliance Audit for the 2019 tax year. On April 15, 2021, the developer submitted a request for payment with their Compliance Audit for the 2020 tax year(Attachment 11). After review, CRA staff has determined that the developer is in compliance with the terms of the agreement and supports their request for reimbursement of property tax increment in the amount of $26,474. If approved by the Board, the CRA will be issuing the Year 6 payment for Fiscal Year 2020-2021, in the amount of $26,474 (see Attachment 111). Under the terms of the DI FA Agreement and including the current reimbursement request for Year 6, the CRA has provided a total of $305,467 in property tax increment revenue to Boynton Village, LLC (see Attachment IV). During this same time period, the CRA has retained $556,959 in property tax increment revenue. FISCAL IMPACT: FY 2020 -2021 Budget, Project Fund 02-58400-443, $26,474 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Motion to approve of the request made by Boynton Wage, LLC, for the Year 6 property tax increment reimbursement payment in the amount of$26,474 as set forth under the terms of the DIFA. ATTACHMENTS: Description D Attachment I - Preserve DIFAAgreement with 1st& 2nd Amendments D Attachment II -Year 6 Performance Audit D Attachment III -Year 6 Incentive Calculation D Attachment IV -Year to Date DIFA tracking sheet i DIRECT INCENTIVE FUNDING AGREEMENT /d'tLis Directincentive Funding Agreement(hereinafter"Agreement") is entered into as of the day of 2006,by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, (hereinafter referred to as "CRA"),with a business address of 915 South Federal Highway, Boynton Beach, Florida 33435. And Boynton Village, LLC, (hereinafter referred to as "Developer"), with a business address of 2121 Ponce de Leon Boulevard, PH, Coral Gables, Florida 33134, and/or assigns. RECITALS: WHEREAS, as part of its strategy to encourage homeownership by families within certain income brackets, the CRA has instituted certain programs to provide incentive funding to developers, including the Direct Incentive Program for Workforce Housing adopted on August 8, 2006, for direct assistance offered by the developer to such qualifying homebuyers; and WHEREAS, at the September 12, 2006, meeting of the CRA Board, the CRA Board approved amending its Homebuyers Assistance Program and directed staff to begin negotiations with Developer to create between 25 and 50 affordable homeownership opportunities for a project known as The Preserve (hereinafter the "Project") (subsequently, Developer agreed to set aside 50 affordable units as set forth within this Agreement); and WHEREAS, Developer is hereby submitting to the CRA a proposal to offer to qualified homebuyers such assistance for the Project; and WHEREAS, the CRA intends to provide incentive funding to the Developer for such homeownership opportunities on the basis set forth herein; and WHEREAS, this Agreement is not intended to be a "Development Agreement" within the meaning of Florida Statutes, Section 163.3221. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct at the time of the execution of this Agreement and are incorporated herein. O ACORD003-Boynton Beach CRA-Cornerstone DIFA—I0-27-06 1 Section 2. Definitions. As used in this Agreement, the following terms shall have the following meanings: "Affiliate" of a party means any corporation, partnership, limited liability company, trust or other entity controlling, controlled by, or under common control with such party (whether directly or indirectly through one or more intermediaries). For the purpose of this definition, "control" means the possession, directly or indirectly, of the power to direct or cause the direction of management and policies, whether through the ownership of voting interest or by contract or otherwise. "Affordable Access Unit" means the fifty (50) units committed to by Developer to qualify for the affordable access as described in this Agreement(also described as "Workforce Housing" within the CRA Guidelines). "Agreement" means this Direct Incentive Funding Agreement and all exhibits and attachments thereto, as any of the same may hereafter be amended from time to time, by mutual agreement of the parties. "Developer" means Boynton Village, LLC, and any assignee or transferee of Boynton Village, LLC, that is permitted under this Agreement, from and after the date of such permitted assignment or transfer. "City"means the City of Boynton Beach, Florida. "Pledged Project Increment Revenues" means the Project Increment Revenues received by the CRA which are pledged to the Developer as set forth within Section 6.1.C. of this Agreement. "Project" means The Preserve as described above in the second "Whereas" clause, and as further described in the Application defined above and in the site plan defined below. "Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Project, using $1,025,000 as the 2004 base year amount in calculating such increment revenues, so that increment revenues for the Project are equal to all amounts over the base year amount. "Property"means the real property described on Exhibit "A", attached hereto. "Redevelopment Area" means those areas within the limits of the City which have been declared blighted in accordance with the provisions of Florida Statutes, Chapter 163, Part III. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of incremental revenues attributable to the Redevelopment Area. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 2 "Site Plan means that as approved by the City of Boynton Beach City Commission by motion and vote on April 5, 2005, a copy of which is to be attached hereto as Exhibit"B". "Substantial Completion" or "Substantially Complete" means the point at which the Palm Beach County Property Appraiser has placed the improvements on the Tax Roll. "Tax Collector"means the duly elected tax collector for Palm Beach County, Florida. "Tax Roll" means the real property ad valorem assessment roll maintained by the Palm Beach County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Section 3. Effective Date. This Agreement shall be effective on the date that the last party to sign executes this Agreement(hereinafter"Effective Date"). Section 4. Developer Obligations — Construction. Developer agrees to construct or cause to be constructed the Project as described in the Site Plan in order to receive the full Direct Incentive Funding as provided for in Section 6 hereof. The Site Plan may be modified from time to time in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach; provided, however, that Developer shall not have the right to substantially reduce the number of residential units, change the exterior appearance, including landscaping, the size or scope of the amenity areas, the number of parking spaces or to make any other change which would cause the Project to differ substantially from the approved Site Plan without the prior written approval of the CRA in order to receive the full Direct Incentive Funding as provided for in Section 6 hereof. "Substantially" as used in this Section means any change that would require a major Site Plan Modification. Developer and the CRA acknowledge, agree and understand that the Project is under construction as of the date of this Agreement. 4.1. Non-Discrimination. Developer agrees that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex or sexual orientation be excluded from the benefits of, or be subjected to discrimination under, any activity carried on by Developer, its contractors, sub-contractors, or agents, in the performance of this Agreement. Should such discrimination occur, the CRA will provide notice to Developer that it claims there has been a breach of this condition and thereafter, Developer shall have fifteen (15) business days to demand arbitration as to the claim of discrimination. The parties will then mutually agree in writing to an arbitrator and if they cannot agree, the rules of the American Arbitration Association will govern. The arbitration will be governed by the rules of the American Arbitration Association regardless of whether an arbitrator is agreed upon by the parties. This arbitration shall be independent of any other actions being taken by other governmental agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision, provided such finding is final and not appealable. If Developer does not demand arbitration within fifteen(15) business days, or if arbitration is conducted and it is determined by the arbitrator that discrimination j occurred, the CRA shall have the right to terminate this Agreement and pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non-prevailing party. Such non-prevailing party shall be determined by the arbitrator. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 3 i 4.2. Convicted Vendor List. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, Developer certifies that it, and its affiliates, contractors, sub-contractors or agents who will perform hereunder, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty-six (36)months immediately preceding the Effective Date. Section 5. Affordable Access Requirements. As a condition precedent to its receipt of any funds pursuant to this Agreement, Developer and its successors or assigns, shall implement an affordable access component to the Project as provided for in this Agreement, the CRA's Workforce Housing Direct Incentive Program Guidelines, and as set forth below ("Affordable Access Requirements"). Implementation and maintenance of the Affordable Access Program shall be as follows: 5.1. Affordable Access—Residential. 5.1.1. Developer agrees to set aside fifty (50) units designated as Affordable Access Units. 5.1.2. Developer agrees to reduce the price of the fifty (50) units designated as Affordable Access Units by Sixty Thousand and No/100 Dollars ($60,000.00) for the Cypress Model, Fifty Thousand and No/100 Dollars ($50,000.00) for the Palm Model, and Forty Thousand Dollars ($40,000.00) for the Banyan and Hibiscus Models (see attached Price List marked as Exhibit "C" which is attached hereto and made a part hereof)to buyers whose income does not exceed 120% of Median Household Income ("MHI") for Palm Beach County as set by the United States Housing and Urban Development ("HUD") for the year 2006. Proof of income qualification for the Affordable Access Units shall be provided to the CRA prior to any disbursement of Pledged Project Increments Revenue. Examples of acceptable forms of proof include HUD closing statements executed by the buyer and seller; copies of two years of tax returns; and/or paycheck stubs for all adults in the buyer's family for the two weeks prior to closing including proof of family size. 5.1.3. Qualifications.for buyers of the Affordable Access Units and related re- sale requirements and restrictions shall be found in Exhibit "D" attached hereto and made a part hereof(the CRA Homebuyer Assistance Program Guidelines 2006/2007). 5.1.4. The re-sale limitations and requirements set forth herein shall be included in the deeds of sale, to be executed by Developer as seller (or its successors or assigns) and the purchaser at the time of closing on the initial sale of the Affordable Access Units; shall constitute a covenant running with the unit; and shall be recorded in the Public Records of Palm Beach County, Florida. CRA shall approve the form of the deed prior to execution. 5.2. Performance Audit. Prior to receiving the annual allotment of Pledged Project Increments Revenue, Developer shall provide written audited verification, at its sole cost and expense, of substantial completion and of compliance with the requirement to sell 50 Affordable Access Units. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 4 5.2.1. This performance audit shall be conducted by an independent Certified Public Accountant(CPA), selected and paid for by Developer with the approval of the CRA. 5.2.2. With respect to the Affordable Access Unit component of the Program,the CPA must examine the qualifying income data for every purchaser identified as a qualifying purchaser pursuant to the Affordable Access Unit requirements and must certify, in writing, the eligibility of all such qualifying Purchasers under the Program. The written opinion must include verification of the number of residential units which are owned by qualified purchasers. Developer must provide all necessary documents to conduct the audit including, but not limited to,the executed deeds and closing statements. 5.2.3. The examinations and opinions required under this Section must be conducted in accordance with generally accepted accounting standards established by the American Institute of Certified Public Accountants. 5.2.4. The audit required pursuant to this Section may be performed in conjunction with other auditing services. 5.2.5. Disbursement of the Pledged Project Increment Revenues shall only occur upon the CRA's acceptance of a properly documented and supported audit. Disbursement of Pledged Project Increments Revenue shall be conducted pursuant to the Direct Incentive Program for Workforce Housing Guidelines. An example of such funding disbursement is attached as Exhibit E. 5.2.6. It is acknowledged, understood and agreed that Developer may not be able to sell each Affordable Access Unit. In the event that not all Affordable Access Units are sold, then the funds Developer would otherwise be entitled to shall be reduced by an amount corresponding to the percentage as set forth in Section 6.1.A herein. See also Exhibit E as an example. 5.2.7. Exceeding the agreed upon requirements of the 50 Affordable Access Units shall not entitle Developer to additional funding under this Agreement or to a credit or set- off against any reduction in funds due to failure to meet the other Affordable Access Requirements in earlier years hereunder. Section 6. Direct Incentive Funding. The direct incentive funding provided for under this Agreement is granted to Developer for the purpose of offsetting, in part, Developer's cost of creating fifty(50) affordable residential units. 6.1. Direct Incentive Funding Formula and Term. The CRA hereby agrees to direct fund, that is, to pledge and assign to Developer for a period of ten (10) consecutive years, as provided herein and below, an annual amount which equals the Pledged Project Increment Revenues as set forth in subsection 6.1.C. herein less any amounts deducted pursuant to the terms of Section 5 above due to the failure of Developer to comply with the Affordable Access Requirements of this Agreement. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 5 A. The Pledged Project Increments Revenue shall be awarded pro rata based on the proportion of Affordable Access Units sold to eligible buyers. For example, if ten (10) percent of affordable access units are sold in the first year the Project Increment Revenues are available, Developer is entitled to 10% of the eligible Pledged Project Increments Revenue that year. If, the following year 100% of affordable access units are sold, Developer is entitled to 100% of the Pledged Project Increments Revenues that year and in continuing years until the ten-year period has terminated. See Exhibit E attached hereto and made a part hereof for the estimated Pledged Project Increments Revenue Calculation for this Project. B. Developer shall have the option to postpone the first Pledged Project Increments Revenue disbursement to the following year at Developer's option with written notification provided to the CRA in advance of the disbursement. C. For the first through fifth disbursements of the Pledged Project Increments Revenue, the Developer shall be entitled to 75% of the Project Increment Revenues. For the sixth through tenth disbursements, the Developer shall be entitled to 25% of the Project Increment Revenues. 6.2. Commencement and Conditions of Funding. The ten (10) year term for each Phase for the receipt of Pledged Project Increments Revenue shall commence in the year that the following conditions are met: A. The Project is Substantially Complete; B. The completed improvements of each Phase have been placed on the Tax Roll; C. The CRA has determined that Project complies with the commitments and with all of the terms and provisions of this Agreement; D. All requirements as set forth within this Agreement have been complied with by Developer; and E. The CRA has received Project Increment Revenues from such improvements. 6.3. Disbursement of Funds. Except as otherwise provided herein, the Pledged Project Increment Revenues shall be disbursed to Developer by April 1 of the year following the corresponding ad valorem tax year OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 6 6.4. No Pledge of Pledged Proiect Increment Revenues. The CRA warrants and represents that the Pledged Project Increment Revenues are not the subject of any prior pledge by the CRA and agrees that such revenues shall not be assigned, pledged, hypothecated or secured by the CRA for the period covered by term of this Agreement. 6.5. Subordination. Any Pledged Project Increment Revenue of the CRA pursuant to this Agreement is subordinate to the pledge of the tax increment revenue given to secure the CRA's Tax Increment Revenue Bonds pursuant to Resolution No. 04-04, adopted December 6, 2004, as amended and supplemented. Section 7. Events of Default,Remedies and Termination. 7.1. Default. Upon the occurrence of any one or more of the following events, all obligations of the CRA to disburse further funds under this Agreement shall terminate at the option of the CRA. Notwithstanding the preceding sentence, CRA may at its option continue to make payments or portions of payments after the occurrence of one or more of such events without waiving the right to exercise such remedies and without incurring liability for further payment. The CRA may at its option terminate this Agreement and any and all funding under this Agreement upon occurrence of any one or more of the following: 7.1.1. Any representation by Developer in or.in connection with this Agreement is inaccurate or incomplete or false in any material respect. 7.1.2. The failure of Developer or its Affiliate to observe or perform any of the terms, covenants, conditions, obligations, or provisions of this Agreement in any material respect to be observed or performed by Developer or such failure continues for a period of thirty (30) days after written notice thereof from the CRA to Developer provided, however, that if the nature of Developer's default is such that more than thirty (30) days are reasonably required for its cure,then Developer shall not be deemed to be in default if Developer commenced such cure within said 30-day period and thereafter diligently pursues such cure to completion. 7.2. Remedies. Upon the occurrence of any one or more of the foregoing events, CRA may, at its option, give notice in writing to Developer to cure its failure of performance if such failure may be cured. Upon the failure of Developer to cure, CRA may exercise any one or more of the following remedies: 7.2.1. Terminate this Agreement upon not less than fifteen (15) days notice, by certified letter to Developer at the address specified in Section 8.5 of this Agreement, such notice to take effect when delivered to Developer. 7.2.2. Commence a legal action for the judicial enforcement of this Agreement and for any and all damages occasioned by Developer breach of this Agreement including, but not limited to, repayment of funds disbursed to Developer as a result of fraud or 'material misrepresentation. j 7.2.3. Withhold the disbursement of any payment or any portion of a payment. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 7 i I 7.2.4. Take any other remedial actions that may otherwise be available under law. 7.3. Attorney's Fees and Costs. In any judicial action arising from this Agreement the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs, at both the trial and appellate levels, from the non-prevailing party. However, the CRA shall not be required to exceed its limits of liability as set forth in section 768.28,Florida Statutes. 7.4. Law and Remedy. This Agreement shall be governed by the laws of the State of Florida. Venue of any and all legal actions arising from this Agreement shall be in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right,power, or remedy hereunder, shall preclude any other or filrther exercise thereof. 7.5. Strict Performance. No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amounts due under this Agreement during the continuance (or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement, term, or condition or of any other covenant, agreement, term, or condition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement and the restrictive covenants shall inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement and the restrictive covenants. 7.6. Remedies Under Bankruptcy and Insolvency Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 8 i 7.7. Termination. The obligations of Developer and CRA shall terminate upon the expiration of the Project Increment Revenues payments to Developer as provided in Section 6 above as a result of the expiration of the agreed upon payment periods. Section 8. General Conditions. 8.1. CRA's Maintenance of Records and Annual Account Funding. Commencing with the Effective Date, the CRA shall maintain and administer separate financial records which reflect terms of this Agreement. Such records shall clearly document for the benefit of the CRA and Developer, the Base Year amount and the annual revenue collected by the CRA attributable to the Project and the annual amounts owing and paid under this Agreement. 8.2. Successors and Assigns. The CRA and Developer each binds itself and its successors, executors, administrators and assigns to the other party and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Prior to Substantial Completion of the Project, without the prior written consent of the CRA, Developer may transfer this Agreement to an Affiliate who reaffirms that Developer shall continue to be responsible for all the obligations of Developer under this Agreement in order to receive the full Pledged Project Increments Revenue as provided for in Section 6 hereof; provided, however, that prior to Substantial Completion of the Project, this Agreement may not be assigned by Developer to any third party without the prior written consent of the CRA and without the assignee's specific written assumption of all of the obligations of Developer under this Agreement. After Substantial Completion this Agreement may be assigned by Developer; provided, however, that any assignee thereto shall specifically assume all of the obligations of Developer under this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and Developer. In the event that the CRA determines that Developer is in violation of this paragraph, the CRA shall have the right to terminate this Agreement and to seek repayment of the funds paid by the CRA to Developer. 8.3. No Brokers. CRA and Developer each represents to the other that it has not dealt with any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. 8.4. Indemnification and Hold Harmless. Developer agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, employees and elected officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of every kind and character(sometimes collectively "Liability") against and from the CRA which arise out of this Agreement, except to the extent that any of the Liability results from the negligence or willful misconduct of the CRA. Developer recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this clause in accordance with the laws of the State of Florida. CRA's indemnification obligations shall not exceed the OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 9 statutory limits provided within Section 768.28 Florida Statutes, and CRA does not waive its sovereign immunity rights. This paragraph shall survive the termination of the Agreement. 8.5. Notices and other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand, request, consent, approval or other communication (referred to in this Section 9.4 as a "Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: If to Boynton Village: Boynton Village, LLC c/o Cornerstone Group Development, LLC Attention: Leon Wolfe 2121 Ponce de Leon Boulevard, PH Coral Gables,Florida 33134 With Copies to: Michael Weiner, Esq. Weiner&Aronson, P.A. 102 North Swinton Avenue Delray Beach, Florida 33444 If to CRA: Boynton Beach Community Redevelopment Agency Lisa Bright, Executive Director 915 South Federal Highway Boynton Beach, Florida 33435 With Copies to: Kenneth G. Spillias, Esq. Lewis, Longman& Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 8.5.1. Any Notice may be given in a manner provided in this Agreement on either party's behalf by its attorneys designated by such party by Notice hereunder. 8.5.2. Every Notice shall be effective on the date actually received, as indicated on the receipt therefore, or on the date delivery thereof is refused by the intended recipient. 8.6. Time is of the essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 8.7. Entire Agreement. The CRA and Developer agree that this Agreement sets forth the entire agreement between the parties and that there are no promises or understandings other OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 10 than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 8.8. Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. 8.9. Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 8.10. Priority of Interpretation. In the event of any conflict between the terms and conditions of this Agreement and the Direct Incentive Program, the terms and conditions of this Agreement shall prevail. 8.11. Headings. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 8.12. Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. 8.13. Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and Developer (or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 8.14. Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. SIGNATURES ON FOLLOWING PAGE OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 11 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. WITNESSES BOYNTON,VILLAGE, LLC ��L lze� e'4 By: Print e: ANI RMAN PrPe: � Ti n ` � Date: Print name: Melissa k% eZ BOYNTON B ACH COMMUNITY REDEVEL MENT AG CY 14k- By: Print n ,-,0 o*,W - Print name: 6N94R ' Title: Chairpersorl Date: 1x jY,�O(0 ri name: OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 12 STATE OF FLORIDA SS: COUNTY OF-P�� BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared LEON J. WOLFF as of 17N 44&046'K Vt- - and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of JRZVAA1-eV- J YAXJ-4ftb;.-for the use and purposes mentioned herein and that the instrument is the act and deed of Imo- is personally known to me or has produced as identification. IN WITNESS OF THE FO RMOING, I have set hand and official seal at in the State and County aforesaid on this ay of ;�y 2006. Leyani ontan Commission#DD312446 -h4lieO.4 G. Expires:Apt.23,2W8 �M- Bonded Thru No Pyy c, State of Florida at Large Atiatic DwAiq Co.Ift My ConMlission Expires: STATE OF FLORIDA SS: COUNTY OF PALM BEACH : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared 40,PA a r,.(*o &v rlimA oas #D of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FORF OING, I have set my hand and official seal at in the State and County aforesaid on this�day of r-u-J*a 2006. SUSAN E. HARRIS (9Notary Public,State of Florida My Comm.#OD 248894 Notary Public, State of Florida at Large Expires:September 23,2007 My Commission Expires: 9WWW0*h0W"NyWvk" qh-3/9,00? OACORD003-Boynton Beach CRA-Cornerstone DIFA-10-27-06 13 Exhibit"A" Property Description That portion of Lots 20 through 26,inclusive, lying East of the West line of Section 15, Township 45 South, Range 43 East, Boynton Beach, Florida as shown on the Plat of SAM BROWN JR.'S HVPOLUXO SUBDIVISION, as recorded in Plat Book 1, Page 81, in and for the Public Records of Palm Beach County, Florida, less however the South 332 feet, of the West 165 feet, (as measured along the West and South lines)thereof. Together with the beneficial interest in that certain Ingress and.Egress Easement contained in Warranty Deed recorded in Official Records Book 3580,page 1323. i Together with the beneficial interest in that certain Utilities Easement contained in Warranty Deed recorded in Official Records Book 3580, Page 1323, as modified by Relocation and Grant of Easement recorded in Official Records Book 6686,page 191. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 14 Exhibit"B" Site Plan r Eek pi v RI � Ml�i_ ,dR e �i 9. a y a .�,,Nu', MS"7 MMf6PP R%6t afb4ss ?>Ate IKB b WeM�!aFM1:. FyAp;�IR"RiR.Nk v.Nlmfl.:t�R(�Mai+nn'.iw4 ..> �'l+a ierAsYN 34.az amw.�4�r vs�aSK'eRw.5314.'�+'K'yw.^1��er*e43 a.??�t:eP.wta�9 acaYr��a.YM. OACORD003-Boynton Beach CRA-Cornerstone DIFA—I0-27-06 15 Exhibit"C" Price List IM PRICE LIST r1 r From$299a990 Hadl Batik I car gamgc 10 1 sed ft-a/c area CYPMS fmm$349,Wi � ,plusy De /Bed Bath 1. cagange r Hibiscus From $1279,990 3 Bath I 'fir parage 1557 -ft_Atc wva. Palm From Bed 3 Bath I car gwage, 1.601 SJ- ft,4le area 1 ccs,subjectto chatige without prior cokef i to 7n9)06 "AM.MATERMS AND&wicwjr,*,nCM AM; rArr MAV R r MY W*AJ w xr a a rra UPON AS CURRWMV DEVELOMM, R EsrAT , r ktWM t a MMS VO n*00CMENMEANDIF0 W ?tS-Vl,MJWUDA STAIV7V&TO TO^ MIMO$AA OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 16 Exhibit"D" CRA Homebuyer Assistance Program Guidelines A WeqCRA t o leas Community Roftvdap wawt plouwbMw Anktante Pftgramt ULVM boyntnn ilanob.Caumunflyant Agwy v=wmie bealth ofthe City chards Won the sufficbent,BuWy of bousing p,kwd for . wadangfiraffles, As housing prioexr4ambed by dmMe dkl#a in 2005-2006,,many _f1imilice woe fwd Ow of the howswg Market at7 of D43-yntoik Dowdi soo6iv va 04#w mmoinglaijuaivic Paa veraatatp� '"rte (fir 1p) dal to wide to l e irsixua families- Due,t npid housing dwav%*c number oflow and muoKlamw Womw flunitics wbo am afford to buy hornes has dewnwed. Irk am effort to assisumore flamilift taxa CRA has hngplismented the Homebuyer Assistance PmVwm Propm funds can be layeredMth die s SHW Omm Payrpica ARAstmw PmSttm to provFi*gpp flawvft to ftnilies.It SHIP fan&am wail ,H he used a s sole war o f PaSm : KOASIMOV as I=#ea applicants all SMW c6tain W,ad by the City of boyatim Funcft is on a e4 first-appmved basis. . Applicants must meet all of the quelificationcriteriaof the SHIP IIS Asaintante Program. RAP quaMeation wig be conductedby Ow CWs CbiumuWty Impmveratsit Dqwtnwnt or ae Community 14ous Develo;wwait OrXanizatiou f A mquest Far IIAP fim4s mug be on the s:behAf by eitheir tho Witty or C . 3. pumAlwo 0,64M New--Not to t0,462 Wft—Not to $280,42 Now Omw.Consavation Loans-the value of *C ."Iat awsixied to-, homebuyer is owlip4ed fmm the CR:A lty subsidy a a tm4 but is indtWe d iri tw PCIManpent mortgage , Etigible Properties ladude existio& i smily11ame%,mmsftwfion of new sir4e4hsnily homes,townbopm and cosidoeminiums loicated withIn,itio CRA. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 17 2 S. Use of Funds, a. Chown pwymcnt and closing bL Ft lima crttaua: f tca tnnit tyaa.taxtcatc uqs t c,ex �i Fasni#iaw with dcpcndant,adoor,childran wiU r±ecaaive Prefleremov. 3. Parmunt vvmn wv hada, City of'Boynton B -will reocive prefereoce. Applicants emplaylad in the- nl r "sectors(aducaftsvA.PrAJ aa. 15xcB is and skilled b4"Idli g tntcIav)will naceiwex Vii—. lv. Tacoma a fWanr all ad:arlat nvvmbwrs of the hatksarslaookt,.rill be,included in the a asxtx PU tetiOn of WOOS 40003thca, vW Ckty and CRA f6vmdmo adbarall not exoved 40%for mo4anac Euc%imac buys"and r low mccew b y*m of t pumbesta pricy u aal amount 4xf" fisodimS stw:>cd.ftalt dkgmmd uron the lnnoa tatrwIl CRA, AAndirng be aw. to *s the fisading app ntnanatatrat or 830.WO.00- st,etw1odbution experesest asialod to brhvgtng borne op to code may be loauded,up#v S5iC1l000d MN #'L Momlerute tnxmmc Household. $60..000 Puraltmoce P*io s 4�xr nuc S-2 .1300 Ntawl"tuin Mortgage karat 3213.77 t Claty`e yr ftx�hv .5"W:fin:laan5 ntetnt $50,000 Flunding 43arin. $21„110 I'vonent arpublic Subsidy 2 ;ply LJOW I Ffo%Wetkold S 40.200 Closing SAMO n,+a MOW40M M AAVAMMt S;i ." Gap $ 45,300 Pmoem ormabliae S u'biwid-V 4 1 T- Proycated houalwgm4ludingnuor4gaga.intoremt,tine;.'humaramoo amyl Faunanc rt�wtip r•rif" wall nat em000d 334A oraros'O Ivouvehow tMoa e or vwbabovinr-the primairy lender 'Me mumirm urs»raaaaal ra>«tie Ooml... hounduM expmwo hilus aua trblit i It 3 not,eacracx!,k.' of lie OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 18 mrntp� t ssia{lrA9i7tE�! ,Ja3rf1i1 blorttg(i (root.ina"m&hISAWmam) S1.2,82 tit S SW iaag o tin to vxammd35%) 27 UxmuPjC t1 Ijaw Inanatic $40,2100 Q s c1i mlY fWKvFxtt?v S 3, is 3thmcr Debt 3CK) "owing M Ratio 2 'Deft;it:.at:ia 1.2 Alrptircastttsa:ausat be total timem himmebayam with no p—Auum hhila withim tha psist%hrac yearvi at t1m time a f npplival*e, 'First kinvir,houto bwYer dun aliall tm dMiUrnifned by J*Wf thhrOM SMOnti"Y*WM 'IFS InCOU66 tax A[eta. 19mmtwtt be in the form"ii t gee bobindthm#" :more trSt`.CW it .ftxrm s what baits atie t`ocrms ar[:a th rd nautiguipm IsmWed t 47W of Wrymoon "s driounibranva. ReWayment of the CWA,Aindst Waits net be r sgoirad if Ow boom in me ald to an inoatris qualMad'i myvr. briocamm-qualillketiam Kr ttlAel nerwhimyow shmill be certrfied by OAP City of Mrstam Heach tC'aituunimity n„wtrt:CHvlt a atacl rt�wwuatka9,to SRA pAeircxr Ao. tt:ialis t�€i,b almmniaflisit>b++ r wits as�`t7 �:AstrlaitimR.yr irarnixi itx, tl.+t1� sa«lcaasr . 13., uamamimmina aft wits neo it imrapayumext caai•CRA,foods withintereat circumstanom aaG�tttati nt+ per'. ,. t#xzli'Iitn 11lA�i immny ate p+errxt�ittl in apait€i it:h prior xwri approval Dom 4ba,City tisk CSLA. 314. Fart ai a who mWivo CM.&, yerr;AS ' t y M&Ivaidemwo;for tbC ;tom. aFfb,Oimt n . frifist,awaidenim in]eased andair cv by tlu- recipient o cllA-funds,ntt: Rms p{ intermit m. tqthe tiffs at PWCb&M tl(tl WI bft=UUW tae And pgypbta ltr i�Y' L #that,rbOWIVO t f:�:DC iff lit memba l - at : to ihAC City mint. lAriAlrltrtrklly t*mv amutrvurunryof the c lartng dm*. 72m$A't5a6gxwd Awe`d ol7pronir to^uM# `t it showing pxcwrmm incl iI ICS nts mato-me and-siddram. Failure to vaumply will rarub.in The CItA Minds treC'C mi m' . duo and Paymbim 1,a. LVOM mdael dw Prupert wtthia am Ara I t a yews.the Waftwa nf»t PWY Flo%of*00 equity(aiwtermi ted y,�,a Xquiltma a. )to the city and . the a: of funding ftc(m each emit 4'. Diising ycom 6-241e.SO%of Cho 9{S 4uil 'dad iliming Y&SIV:zI�-",:.l-".4 orsho 040MY is doe to 1ft2e City anit CMA up47m MIC&?'r'ihs'- ,Y '.. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 19 4 Odalual how pdca: 3 0+m City&W fixods 3 50 [7I CRA Funds S lom mwtpp S1.,55. 5 _ Il pity $50,om 20x:Fquity I " 10,0M PWIVOW,Or Equity to City IUAW Ear. I the pal to puRhm,tbe ptopmy,at The flair mndmt wmpo4l vWua within 45 dAys aE 'tom m lho pmpaty ovmm. 0. Offaing of dw,,pmgrm :.: a fuvding, Alt dodsionsare subject Dkedom OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-2?-06 20 Exhibit"E" Pledged Project Increments Revenue Formula Examples #of Affordable #of Affordable Access Access Units Sold %of Eligible TIF Units Sold %of Eligible TIF 1 2% 26 52% 2 4% 27 54% 3 6% 28 56% 4 8% 29 58% 5 10% 30 60% 6 12% 31 62% 7 14% 32 64% 8 16% 33 66% 9 18% 34 68% 10 20% 35 70% 11 22% 36 72% 12 0.24 37 74% 13 26% 38 76% 14 28% 39 78% 15 30% 40 80% 16 32% 41 82% 17 34% 42 84% 18 36% 43 86% 19 38% 44 88% 20 40% 45 90% 21 42% 46 92% 22 44% 47 94% 23 46% 48 96% 24 48% 49 98% 25 50% 50 100% OXORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 21 FIRST AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT DATED DECEMBER 19, 2006 Between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY And BOYNTON VILLAGE, LLC WHEREAS, on December 19, 2006 the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("BBCRA") and BOYNTON VILLAGE, LLC entered into a Direct Incentive Funding Agreement (the "Agreement") relative to the Project known as the"Preserve"; WHEREAS, the Agreement provided that the Developer was to set aside fifty (50) units designed to be affordable access units; WHEREAS, the Developer has requested that the eligibility requirements for potential buyers be modified to increase the eligibility threshold from 120% of Median Household Income as set by the United States Housing and Urban Development(HUD) in the year for which the units are sold; NOW THEREFORE, in consideration of the mutual covenants set forth herein and other lawful consideration, the Agreement is amended as follows: Section 5.1.2 is amended to read as follows: 5.1.2. Developer agrees to reduce the price of the fifty (50) units designated as Affordable Access Units by Sixty Thousand and No/100 Dollars ($60,000.00) for the Cypress Model, Fifty Thousand and No/100 Dollars ($50,000.00) for the Palm Model, and Forty Thousand Dollars ($40,000.00) for the Banyan and Hibiscus Models (see attached Price List marked as Exhibit"C"which is attached hereto and made a part hereof) to buyers whose income does not exceed 1201,'s 140% of Median Household Income ("MHI") for Palm Beach County as set by the United States Housing and Urban Development ("HUD") for the year in which the units are sold. Proof of income qualification for the Affordable Access Units shall be provided to the CRA prior to any disbursement of Pledged Project Increment Revenue. Examples of acceptable forms of proof include HUD closing statements executed by the buyer and seller; copies of two years of tax returns; and/or paycheck stubs for all adults in the buyer's family for the two weeks prior to closing including proof of family size. Section 5.1.3 is amended to read as follows: 5.1.3. Qualifications for buyers of the Affordable Access Units and related re-sale requirements and restrictions shall be found in Exhibit "D" attached hereto and made a part hereof (the CRA Homebuyer Assistance Program Guidelines T:IDEVELOPMEYRThe Preserve-ComerstoneTreserve DII`AIDIFA Revised Amendment(2).doc 1 200612007). However, for purposes of this Agreement, Median Household_Income_for the Homebuyer Assistance Program shall not exceed 140%. Section 8.5 is amended to read as follows: 8.5. Notices and other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand, request, consent, approval or other communication (referred to in this Section 9.4 as a"Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: If to Boynton Village: Boynton Village, LLC c/o Cornerstone Group Development, LLC Attention: Leon Wolfe 2121 Ponce de Leon Boulevard, PH Coral Gables, Florida 33134 With Copies to: Michael Weiner, Esq. Weiner &Aronson,P.A. 102 North Swinton Avenue Delray Beach, Florida 33444 If to CRA: Boynton Beach Community Redevelopment Agency Lisa Bright, Executive Director 915 South Federal Highway Boynton Beach, Florida 33435 With Copies to: Donald J. Doody, Esq. Goren, Cherof, Doody & Ezrol 3099 E. Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. SIGNA'T'URES ON FOLLOWING PAGE 1':1DEVELQPMEN31The Preserve-Cornerstone\Preserve DIFAIDIFA Revised Amendment(2),doc 2 WITNESSES BOYNTO *ILLAGE,LLC By: .W _ _ f� r Print � e: AEON j, WOL E Print name: j Title:— Date: - Print itle:Date:Print name: r,woz N2, BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: --e� ' Print name: Print name: ., 2 r�- Title: Cl arperson Date: Print name: T:\DEVELOPMENMhe Preserve-CornerstoneTreserve D1FA\DIFA Revised Amendment(2).dcc 3 STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to adrmi t , oaths and take acknowledgments, n-,rsonally al-ed IV as Of and acknowledged under oath that lie/she has exec d the foregoi Agreement as the proper official of PkQ "-DMA V J- the use and purposes mentioned herein and that the 111 0 t6te,has instruhient is theact ad deed of He/she is personally known to me or has produced as identification. IN WITNESS OJEE 7E FOREGOING, I have iriy hand and official seal at in the State 'L�33 ur' A' day of and Coun WITNESS esa'd on this 2008. Leyani Roman Notary P c, State o Florida at Large Commission#DD312446 Expires:Apr.23,2008 Bonded Thru My Commission Expires: nding Co.Inc, STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared . j e i-�Z 7—q),,Ir as �-!k a/,-)/1'142 of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. _He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have se my hand and official seal at in the State and County aforesaid on this—// day ofd 2008. Notar Public, State o Ioiida at Large My Commission Expires: '0111y.fit' MYCOWSSION i DD 66211R EXPIRES;April 21,2011 T:\DEVELOPMEYRThe Preserve-CornerstoneTreserve DIFA\DIFA Revised Amendment(2).doc 4 SECOND AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT DATED DECEMBER 19, 2006 Between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY And BOYNTON VILLAGE, LLC WHEREAS, on December 19, 2006 the BOYNTON BEAC14 COMMUNITY REDEVELOPMENT AGENCY ("BBCRA") and BOYNTON VILLAGE, LLC entered into a Direct Incentive Funding Agreement(the "Agreement") relative to the Project known as the "Preserve"; and WHEREAS,the Agreement provided that the Developer was to set aside fifty (50) units designed to be affordable access units; and WHEREAS, on January 8, 2008 the parties entered into a First Amendment to Direct Incentive Funding Agreement which increased the eligibility threshold from 120%to 140%of Median Household Income as set by the United States Housing and Urban Development (HUD) for the year 2006; and WHEREAS, the present economy has caused significantly reduced demand for the purchase of units in the Project; and WHEREAS, the Developer has requested that the eligibility requirements for potential buyers be modified to include rental opportunities; and WHEREAS, the GRA intends to continue to provide incentive funding to the Developer for homeownership opportunities and to provide incentive funding for rental opportunities on the basis set forth herein. NOW THEREFORE, in consideration of the mutual covenants set forth herein and other lawful consideration, the Agreement is amended as follows: Section 2 is amended to insert the following paragraph after the paragraph entitled"Affordable Access Unit"and shall read as follows: "Affordable Access Mental Units" means not less than 100 units committed by the Developer (or its assigns) as affordable rental housing which shall be rented to individuals and families earning 60% or less of Median Household Income for Palm Beach County as set by the United States Housing and Urban Development("HUD"). Section 5.1.1 is amended to read as follows: 5.1.1. Developer agrees to set aside fifty (50) units designated as Affordable Access Units and at least 100 units as Affordable Access Rental Units. TADEVELOPMENTMe Preserve-CornerstoneTreserve DIFA\DIFA Second Amendment-2010(3).doc 1 Section 5.1.2 is amended to read as follows: 5.1.2. Developer agrees to reduce the price of the fifty (50) units designated as Affordable Access Units by Sixty Thousand and No/100 Dollars ($60,000.00) for the Cypress Model, Fifty Thousand and NO 00 Dollars ($50,000.00) for the Palm Model, and Forty Thousand Dollars ($40,000.00) for the Banyan and Hibiscus Models (see attached Price List marked as Exhibit "C"which is attached hereto and made a part hereof) to buyers whose income does not exceed 140% of Median Household Income ("MHI") for Palm Beach County as set by the United States Housing and Urban Development("HUD") for the year 2006. Developer also agrees to rent not less than 100 units at the rental rates outline on Exhibit G1 (as may be increased from time to time by HUD). Proof of income qualification for the Affordable Access Units and Affordable Access Rental Units shall be provided to the CRA prior to any disbursement of Pledged Project Increment Revenue. Examples of acceptable forms of proof include HUD closing statements executed by the buyer and seller; copies of two years of tax returns, and/or paycheck stubs for all adults in the buyer's family for the two weeks prior to closing including proof of family size. Section 5.2.2 is amended to read as follows: 5.2.2. With respect to the Affordable Access Unit component of the Program, the CPA must examine the qualifying income data for every purchaser identified as a qualifying purchaser pursuant to the Affordable Access Unit requirements and must certify, in writing, the eligibility of all such qualifying Purchasers under the Program. The written opinion must include verification of the number of residential units which are owned by qualified purchasers. Developer must provide all necessary documents to conduct the audit including, but not limited to, the executed deeds and closing statements. If requested, Developer shall also provide such information as may be requested regarding the Affordable Access Rental Units. Section 5.2.7 is amended to read as follows: 5.2.7. Exceeding the agreed upon requirements of the 50 Affordable Access Units or 100 Affordable Access Rental Units shall not entitle Developer to additional funding under this Agreement or to a credit or set-off against any reduction in funds due to failure to meet the other Affordable Access Requirements in earlier years hereunder. Section 6 is amended to read as follows: Section 6. Direct Incentive Funding. The direct incentive funding provided for under this Agreement is granted to Developer for the purpose of offsetting, in part, Developer's cost of creating one hundred fifty (150) affordable residential units. Section 6.1 is amended to read as follows: 6.1. Direct Incentive Funding Formula and. Term. The CRA hereby agrees to direct fund, that is, to pledge and assign to Developer for a period of ten T:IDEVELOPMENTIThe Preserve-Cornerstone`Preserve DIFAUFA second Amendment-2010(3).doe 2 (10) consecutive years, as provided herein and below, an annual amount which equals the Pledged Project Increment Revenues as set forth in subsection 6.1.C. herein less any amounts deducted pursuant to the terms of Section 5 above due to the failure of Developer to comply with the Affordable Access Requirements of this Agreement. A. The Pledged Project Increments Revenue shall be awarded pro rata based on the proportion of Affordable Access Units sold to eligible buyers and Affordable Access Rental Units rented to eligible tenants. For example, if ten (10) percent of Affordable Access Units are sold and/or rented in the first year which the Developer elects to receive the Project Increment Revenues, Developer (or its assigns) is entitled to 10% of the eligible Pledged Project Increments Revenue that year. If, the following year 100% of Affordable Access Units are sold and/or rented, Developer (or its assigns) is entitled to 100% of the Pledged Project Increments Revenues that year and in continuing years until the ten-year period has terminated. See Exhibit E attached hereto and made a part hereof for the estimated Pledged Project Increments Revenue Calculation for this Project. B. Developer shall have the option to postpone the first Pledged Project Increments Revenue disbursement to the following year at Developer's option with written notification provided to the CRA in advance of the disbursement. C. For the first through fifth disbursements of the Pledged Project Increments Revenue, the Developer shall be entitled to 75% of the Project Increment Revenues. For the sixth through tenth disbursements, the Developer shall be entitled to 25% of the Project Increment Revenues. Section 6.2 is amended to read as follows: 6.2. Commencement and Conditions of Funding. The ten (10) year term for each Phase for the receipt of Pledged Project Increments Revenue shall commence in the year that the following conditions are met: A. The Project is Substantially Complete, B. The completed improvements of each Phase have been placed on the Tax Roll; C. The CRA has determined that Project complies with the commitments and with all of the terms and provisions of T:IDEVEI_OPMENT\The Preserve-ComerstoneTreserve D[FAUFA Second Amendment-2010(3).doe 3 this Agreement; D. All requirements as set forth within this Agreement have been complied with by Developer; and E. The CRA has received Project Increment Revenues from such improvements. However, this Agreement and the initial ten (10) year term for each Phase for the Receipt of Pledged Project Increments Revenue shall be automatically extended for an period of time equal to each year that funds are not disbursed to Developer by the CRA for reasons other than the failure of Developer to comply with the Affordable Access Requirements of this Agreement. Section 8.5 is amended to read as follows: 8.5. Notices and other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand, request, consent, approval or other communication (referred to in this Section 9.4 as a"'Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: If to Boynton Village: Boynton Village, LLC c/o Cornerstone Group Development, LLC Attention: Leon Wolfe 2100 Hollywood Boulevard Hollywood, Florida 33020 With Copies to: Michael Weiner, Esq. Weiner& Lynne, P.A. 10 SE 1 st Avenue Delray Beach, Florida 33444 If to CRA: Boynton Beach Community Redevelopment Agency Lisa Bright, Executive Director 915 South Federal Highway Boynton Beach, Florida 33435 T:\DEVELOPMFNT\Thc Preserve-cornerstoneTreserve DIFAIDIFA Second Amendment-2010(3).doc 4 With. Copies to: James Cherof, Esq. Goren, Cherof, Doody& Ezrol 3099 E. Commercial Blvd. Suite 2.00 Ft. Lauderdale, FC, 33308 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. SIGNATURES ON FOLLOWING PAGE T:IDEVEL0PMENTIThe Preserve-CornerstoneTreserve DIFAIDIFA Second Amendment-2010(3).doc 5 WIT BOYNT N VILLAGE, LLC By:_ Print name: - Print name: Title: , 4 Date: Print name, BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY B ' Print name: t 'Y Y Print n e: ` itle: Chairperson Date: ' Print T:IDEVEL0PMENT1The Preserve-CornerstoncTreserve D1FAIDIFA Second Amendment-2010(3).doc STATE OF FLORIDA 640 0 SS: COUNTY OBEFORE FA -,pean officer rson u ° duly authorized by _ to dm pas a d take acknowledgments �of � � a eared / f G >! and acknowledged under oath that 1- has exe uted the foreg ing Agreement as the proper official of for the use and purposes mentioned herein and that the instrument is the act and deed of . He/she is personallknowrL to me or has produco as identification. IN WITNESS F T/HE FOREG I ha v m hand and Official seal at in the State and County aore,9'aid on this ay of 2008. ot�R p e•4, LEYANI ROMAN ,1 my CWSSION t all783395 Ota1'y u 1C, State EXPIRES:Ap6i 28,2012 Of FlOrlda at Large QTRV,"R; Bw,9dItruBudgstNotary Soly! r My Commission Expires: STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take aowiedgments, personally appeared - ;', �` as TnW -Vk Of BOYNTON BEACH 6 CO MI ITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. /she is personally known to m—�or has produced as identification. ---IN WITNESS OF THE FOREG NG, I hav set m hand and official seal at in the State and County aforesaid on this ay of o I 4Al otary Public, State of Florida at Large My Commission Expires: ACK MMY bN - of i • Comm.Exph Jon 11,2014 Comml n 0 DD 951135 '''P;+;'i• 8o Theo National NWOU Assn.. TADEVELOPMENT1The Presene-CornerstoneTreserve DIFA\DIFA Second Amendment-2010(3).doc 7 EXHIBIT "C-1" Rental Rate List' 2-Bedroom units: $924.00/month 3- Bedroom units: $1,059.00/month Rental Rates are subject to annual adjustment based upon HUD's annual release of incomes for Palm Beach County. T:IDEVELOPMENTIThe Preserve-CornerstonellTreserve DIFAIDIFA Second Amendment-2010(3).doc $ Exhibit "E" Pledged Project Increments Revenue Formula Examples #of Affordable #of Affordable Access Access Rental Units Rental Units Sold Sold and/or Rented %m of Eligible TIF and/or Rented %p of Eligible TIF 3 2%® 78 52% 6 4% 81 54% 9 6% 84 56% 12 8% 87 58% 15 10% 90 60% 18 12% 93 62% 21 14% 96 64%q 24 16% 99 66% 27 18% 102 68% 30 20% 105 70% 33 22%Q 108 72% 36 0.24 111 74% 39 26% 114 76% 42 28% 117 78% 45 30% 120 80% 48 32% 123 82%4 51 34% 126 84% 54 36% 129 86% 57 38% 132 88% 60 40% 135 90% 63 42% 138 92% 66 44% 141 94% 69 46% 144 96%v 72 48% 147 98% 75 50% 150 100% T:IDEVELOPNIENT1The Preserve-CornerstoneTreserve DIFAIDIFA Second Amendment-2010(3).doc 9 Boynton Village, LLC Compliance Audit September 30, 2020 Boynton Village, LLC TABLE OF CONTENTS Page INDEPENDENT AUDITORS' REPORT 1-2 NOTES TO INDEPENDENT AUDITORS' REPORT 3-5 SUPPLEMENTAL SCHEDULES 7-10 KSDT ADVISORY I TAX I ASSURANCE CPA INDEPENDENT AUDITORS' REPORT To Mr. Leon Wolfe, President Boynton Village, LLC 2100 Hollywood Boulevard Hollywood, FL 33020 Compliance We have audited the compliance of Boynton Village,LLC as of September 30,2020,pursuant to contractual requirements with the Boynton Beach Community Redevelopment Agency under Section 5.2 of the Direct Incentive Funding Agreement, as amended (the "Agreement"). The purpose of this report is to communicate the results of the compliance audit and applicable recommendations, if any, as discussed in the accompanying notes to the independent auditors' report and Schedules A and B. Management's Responsibility Management is responsible for complying with the Agreement and program requirements with the Direct Incentive Program for Workforce Housing Guidelines (the "Program") approved by the Boynton Beach Community Redevelopment Agency; and for the accuracy and completeness of the management and financial information in conformity with the requirements provided under the Agreement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on Boynton Village, LLC's compliance based on our audit pursuant to Section 5.2 of the Agreement. We conducted our compliance audit in accordance with generally accepted auditing standards established by the American Institute of Certified Public Accountants; and under the provisions set forth under the Agreement. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the compliance requirements referred to above occurred that could have a material effect on the Program. An audit includes examining, on a test basis, evidence about Boynton Village, LLC's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of Boynton Village, LLC's compliance with those requirements. We believe thatthe audit evidence we have obtained is sufficient and appropriate to provide abasis for our audit opinion. ISI WESTON ',' &ter Ca ceono � _ �II� �.�tsi .�� 625 N1. _,[_F r➢`�@sic.rt�_ :"cr�,4n,��'� I _�.F�7� _b, 1 KSDT ADVISORY I TAX I ASSURANCE CPA INDEPENDENT AUDITORS' REPORT(Continued) Opinion In our opinion, Boynton Village, LLC complied, in all material respects with the compliance requirements under the Agreement as of September 30, 2020. Other Matters In connection with our compliance audit, nothing came to our attention that caused us to believe that the Company failed to comply with the terms, covenants, provisions, or conditions of the Agreement, insofar as they relate to accounting matters. We were not engaged to, and did not, conduct an examination, the objective of which would be the expression of an opinion on the effectiveness of internal control. Accordingly, we do not express such an opinion.Had we performed additional procedures,other matters might have come to our attention that would have been reported to you. Report on Supplementary Information Our compliance audit was conducted for the purpose stated above. Schedules A and B are presented for purposes of additional analysis and is not a required part of the compliance audit report. Such information is the responsibility of management and was derived from and relates directlytothe underlying accounting and other records used to prepare the compliance audit report. The information has been subjected to compliance procedures required under section 52 of the Agreement and in accordance with auditing standards generally accepted in the United States of America.In our opinion,the information presented complies with the terms,covenants,provisions, or conditions of theAgreement. Restricted Use Relating to the Other Matters The communication related to compliance with the aforementioned Program described in the Other Matters paragraph is intended solely for the information and use of the boards of directors and management of Boynton Village,LLC and Boynton Beach Community Redevelopment Agency and is not intended to be and should not be used by anyone other than these specified parties. Weston, Florida January 27, 2021 MIAMI WESTON 305,,670.31�70 954. '11557.5788 at ,Wf a=a"Ean .� fT. A. 3` €• 4 r _C !7v F , 2 Note 1. Background Boynton Beach Community Redevelopment Agency ("CRA"j Under Florida law(Chapter 163,Part II1),local governments are able to designate selected portions of a City as Community Redevelopment Areas where slum and blight exist. The CRA improves deteriorated areas through revitalization efforts which improves the property values within the designated CRA area and increases property tax revenues. The Boynton Beach Community Redevelopment Agency ("CRA") is responsible for developing and implementing the Community Redevelopment Plans that addresses the unique needs of the targeted area. The funding source for CRA redevelopment initiatives is tax increment financing("TIF"), a unique tool available to cities and counties for redevelopment activities. It is used to leverage public funds to stimulate redevelopment activity in the targeted area without raising taxes. The dollar value of all real property in the Community Redevelopment Area is determined as of the base year, the year the CRA is established. Taxing authorities, which contribute to the tax increment, continue to receive property tax revenues based on the base year values. Any tax revenues from increases in real property value, referred to as "increment," are deposited into the Community Redevelopment Agency Trust Fund and dedicated to the redevelopment area. Any funds received from a tax increment financing area must be used for specific redevelopment purposes within the targeted area, according to Florida Statutes. The non-exempt ad valorem tax base from the CRA is frozen the year the Community Redevelopment Plan is adopted(July 1 deadline each year). Any increase in taxes goes to the CRA. Tax revenue increases because redevelopment increases the value of the property. Without redevelopment, the tax revenue would continue to decrease as the area becomes more and more blighted. When the Plan has been implemented, the tax base for local government will have been significantly increased. Direct Incentive Financing Agreement Boynton Village, LLC (the "Company") is a limited liability company domiciled in the State of Florida in 2004, and was organized primarily for the purpose of developing, selling, and leasing real property in Boynton Beach, Florida. During 2006, the Company entered into a Direct Financing Agreement("DIFA" or the "Agreement") with the CRA. Under the DIFA, the Company applies to receive TIF funding by complying with the terms, covenants, provisions, and conditions specified under the agreement. These provisions include evaluating prospective purchasers and making determinations whether the purchasers meet the criteria as low-income buyers or renters. The Company is also required to offer reduced rental and sales prices on residential units for qualified purchasers or renters to ensure "affordability" of the units. 3 Note 2. Results of the Audit Objectives Under Section 5.2.2 of the DIFA, the audit objectives are as follows: • "With respect to the Affordable Access Unit component of the Program, the CPA must examine the qualifying income data for every purchaser identified as a qual ming purchaser pursuant to the Affordable Access Unit requirements and must cert: • In writing, the eligibility ofall such qualifying Purchasers under the Program. • The written opinion must include verification of the number of residential units which are owned by qualified purchasers. Developer must provide all necessary documents to conduct the audit including, but not limited to, the executed deeds and closing statements. " FindinLys No findings of noncompliance were noted. Note 3. Qualified Affordable Access Units The Company sold and rented a total of 105 qualified Affordable Access Units as of September 30, 2020, respectively, which for purposes of TIF revenue due to Boynton Village LLC,represents approximately 70.5%of the 100 rental and 49 owner units required under the amended DIFA for the year presented. See Schedule A and discussion below for more details. Affordable Access Units Sold During the Period from December 12, 2006 ("Agreement Date") through September 30, 2015,the Company sold a total of 23 Affordable Access Units to income qualified, eligible purchasers under the agreement. The required disclosures under the DIFA were made on recorded deeds. During the periods from October 1, 2015 through September 30, 2020, the Company recorded no additional sales of Affordable Access Units to qualified purchasers. The Company is not privy to records of purchasers other than those whom contracted with them under the original purchase agreements. Other information obtained by the Company on subsequent transactions including sales, foreclosures, or otherwise transferred property that was originally sold by the Company is insufficient for reporting purposes under the DIFA. 4 Note 3. Qualified Affordable Access Units Affordable Access Units Sold (continued) In response to the 2017 Compliance Audit report dated February 9, 2018, representatives of the Boynton Beach CRA issued aresponse memo dated May 29,2018 which asserts that of the 23 original sales to qualified purchasers,only 5 are able to be verified by the Boynton Beach CRA. Schedule A and the determination of the above 70% reflect the 5 sold units which can be verified by the Boynton Beach CRA. Affordable Access Units Rented There are 120 total eligible renters of Affordable Access Rental Units rented by qualified renters under the Agreement at September 30, 2020. In response to the 2017 Compliance Audit report dated February 9, 2018, representatives of the Boynton Beach CRA issued a response memo dated May 29,2018 which asserts that while Boynton Village LLC rented Affordable Access Units to 114 qualified renters, exceeding the 100 agreed upon requirement for Affordable Access Rental Units 100 Affordable Access Rental Units shall not entitle Boynton Village LLC to additional funding under DIFA Second Amendment Section 5.2.7. Schedule A and the determination of the above 70.5%reflect 100 rented units. Note 4. Project Increment Revenues In order to determine the amount of TIF funding owed to the Company for each year according to the DIFA and Florida Statute, the amount owed to the Redevelopment Trust for the year is determined first. Per Florida Statute (Chapter 163.387 (1)(a)), 95% of City and county ad valorem property taxes assessed on project units' taxable value in excess of base year value are owed to the redevelopment fund. For the first five years presented,the Company is owed 75% of the amount received by the redevelopment fund per DIFA. For the current year, the Company is owed 25% of the amount received by the redevelopment fund per DIFA. Please see Schedule A for detailed calculations. For 2020, the Company is owed $26,090. Payment is due upon acceptance and approval by the Boynton Beach Community Redevelopment Agency. The Company is eligible to apply for such tax increment revenues created from the project annually for a term of ten years, which it anticipates participating in during those years. 5 SUPPLEMENTARY SCHEDULES 6 Boynton Village,LLC Compliance Audit Schedule A September 30, 2020 Calculation of Project Increment Revenues Sept.30, 2020 Taxable Value Qualified Affordable Access Units Sold or Rented at September 30, 2019: Affordable Access Units - Sold to Qualified Purchasers 5 *) $ 2,083,390 Affordable Access Units- Rented to Qualified Renters 100 *) 6,840,000 Other Units: n/a *) 4,388,777 105 $ 13,312,167 Unqualified Units: 44 Total Units Sold: 149 Less: Value of the Project-Base Year 2004 (See DIFA) $ 1,025,000 Net Increase in Value A) S 12,287,167 Percentage of Qualified Units Sold or Rented to Total Units Sold(rounded- see above) B) X 70.5% Millage Rates: City of Boynton Beach Millage Rate per 1,000 7.9000 Palm Beach County Millage Rate per 1,000 X4.7815 Combined Millage Rate per 1,000 C)X 12.6815 TIF Revenue Created by Project(rounded-D=AxBxC) D) S 109,853 Calculation of TIF Revenues due to Boynton Village Percentage of TIF Revenue due to redevelopment fund(per Florida Statute 163.187 (1) (a) E)X 95% Amount due to redevelopment fund(rounded- F=DxE) F) $ 104,360 Percentage of TIF Revenue due to developer, Boynton Village, LLC(per DIFA years I through 5) G)X 25% Amount due to Boynton Village, LLC(rounded- H=FxG) H) S 26,090 *) = See attached Schedule B for detail.Please also see Note 3. See accompanying independent auditors report -7- Boynton Village,LLC Compliance Audit Schedule B September 30,2020 Boynton Village,LLC Affordable Access Units-Sold to Qualified Purchasers: 2020 Address Building Unit Taxable Value 1990 NE 5TH ST 2 202 $ 142,000 1966 NE 5TH ST 2 206 84,000 1948 NE 5TH ST 2 209 84,000 1942 NE 5TH ST 2 210 65,890 1848 NE 6TH ST 9 904 25,000 1842 NE 6TH ST 9 905 119,000 1824 NE 6TH ST 9 908 115,000 1818 NE 6TH ST 9 909 119,000 1743 NE 6TH ST 12 1205 121,000 1747 NE 6TH ST 12 1206 83,500 1751 NE 6TH ST 12 1207 121,000 1755 NE 6TH ST 12 1208 117,000 1759 NE 6TH ST 12 1209 121,000 1763 NE 6TH ST 12 1210 117,000 1726 NE 6TH ST 13 1304 126,000 1722 NE 6TH ST 13 1305 25,000 1714 NE 6TH ST 13 1307 25,000 1826 NE 5TH ST 1405 14 1405 114,000 1802 NE 5TH ST 1408 14 1408 - 1819 NE 5TH ST 15 1503 - 1835 NE 5TH ST 15 1505 121,000 1843 NE 5TH ST 15 1506 117,000 1851 NE 5TH ST 15 1507 121,000 23 7--2,083,390 Boynton Village,LLC Affordable Access Units-Rented to Qualified Renters: 4 of Units 2020 Address Building in Bldg. Taxable Value 1901 NE 5TH ST 1 14 $ 840,000 2001 NE 5TH ST 3 12 720,000 501 NE 19TH AVE 4 14 840,000 502 NE 19TH AVE 5 14 840,000 2008 NE 6TH ST 6 10 600,000 1900 NE 6TH ST 7 12 720,000 1901 NE 6TH ST 8 14 840,000 1803 NE 6TH ST 10 14 840,000 1748 NE 6TH ST 11 10 600,000 114 $ 6,840,000 See accompanying independent auditors report -8- Boynton Village,LLC Compliance Audit Schedule B (continued) September 30,2020 Other Units: 2020 Address Taxable Value 1866 NE 6TH ST $ 56,500 1860 NE 6TH ST 56,500 1854 NE 6TH ST 56,500 1836 NE 6TH ST 56,500 1830 NE 6TH ST 56,500 1812 NE 6TH ST 56,500 1806 NE 6TH ST 56,500 1800 NE 6TH ST 56,500 1867 NE 5TH ST 125,000 1875 NE 5TH ST 101,000 1859 NE 5TH ST 117,000 1827 NE 5TH ST 117,000 1803 NE 5TH ST 125,000 1811 NE 5TH ST 101,000 1767 NE 6TH ST 125,000 1771 NE 6TH ST 101,000 1739 NE 6TH ST 67,000 1735 NE 6TH ST 121,000 1727 NE 6TH ST 125,000 1731 NE 6TH ST 101,000 1866 NE 4TH ST - 18 10 NE 5TH ST 1407 113,000 1818 NE 5TH ST 1406 87,000 1834 NE 5TH ST 1404 129,000 1842 NE 5TH ST 1403 113,000 1850 NE 5TH ST 1402 137,000 1858 NE 5TH ST 1401 101,000 1702 NE 6TH ST 134,000 1706 NE 6TH ST 110,000 1710 NE 6TH ST 126,000 1718 NE 6TH ST 126,000 1730 NE 6TH ST 130,000 1734 NE 6TH ST 134,000 1738 NE 6TH ST 92,175 1918 NE 5TH ST 88,000 1924 NE 5TH ST 118,000 1930 NE 5TH ST 122,000 1936 NE 5TH ST 87,602 Continued nextpage See accompanying independent auditors report -9- Boynton Village,LLC Compliance Audit Schedule B(continued) September 30,2020 Other Units(continued): 2020 Address Taxable Value 1954 NE 5TH ST $ 134,000 1960 NE 5TH ST 25,000 1972 NE 5TH ST 138,000 1978 NE 5TH ST 122,000 1984 NE 5TH ST 138,000 1996 NE 5TH ST 106,000 $ 4,388,777 See accompanying independent auditors report -10- x Q) x 06 OCN o C) C N L O cu 0 0- Y)c� � o m Q L 4-- N d o o LU cn > is O f- f- ti N O N \ M U U 1 O r r C N co O N O p ti O W Ln N f` C 4 .4 � r LO 000 L O N ao � rn o Ln Ul) N 1- O c0 Ic!' z N O � La o T- of U- N N LU O T- M N O r U 04 z I I N > L � � a) N x (D N (a o a N LCD 4— CD N OU Oo N CD (u .1 >- 040) U- - NIL O LL cuti � m C L L O G a) cu 0 N o a) ca O U) } ca = Q LL o U — x o 1 O U CU N N > o ca Lu 0 O 70 70+r ca U N a� V U) CO m N Ln -� a>', Z N E N N U N ' 70 o O X U U (U (D _0 d Z CLL) o o O _ E _ E N _ N cn N -O C: T- N OII U U a. V=C3 )m0, oL a Lc i o CL o 7 o o l .4- U O z a a- "a >% tiO 4- N CL W L _ > a � 0 n F- cu CU cQ am o ai II O M � N N d N L N 0 cu n 0 >.O W H N a a- > O m o a) ca ° Q cu (1) ca o � � o o ami ca L— m li 10-0Q > cu O ~ � Q o o O > = F- Ln �. > >+ >> > O W a 0 (u N U .m.1 QO > Q > Q lzi1=1 15 lulP QJ z Z � 00000 0 0 0 0 Q W 00 �t O co 4 1` V 000 N (C) c`i 0 00L 0 Lf ) Ili Cfl Cfl O Ili Ili Ln 3 00 m (C) ti ti N .F .m m O O Ln O LO O O O N N O T- M Cfl O N 11 Cfl 00 V-� N - co CL a� c� E _ 'x o Q � � � 619- 619- tQ a � (D (0ti QCO P-� ti cotioo � LL p 1` ti 00 N M to. = U U U U U U U U U J J J J J J J J J O J J J J J J J J J i 0CN 0) 0) 0) 0) 0) 0) 0) 0) (D � � •� c� c� c� c� c� c� c� � _ > » » » » a O a) 0 -000000000 Q m O 0 0 0 0 0 0 0 0 O n. m75; mmmmmmmm E- Cfl 00 CA O T- 04 N N CO � LO -- -- N N N N y 0 0 0 0 0 N N N N ++ N N N N :3 CL Q O 00 00 Q Q Q Q o 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: May 11, 2021 OLD BUSINESS AGENDAITEM: 15.E. SUBJECT: Consideration of an I nterlocal Agreement with the City of Boynton Beach for the Design Costs Associated with the Historic Woman's Club of Boynton Beach located at 1010 S. Federal Highway SUMMARY: At their February 9, 2021, the CRA Board approved an Interlocal Agreement (ILA) with the City of Boynton Beach for the transfer of ownership and future funding of certain improvements, operations, and maintenance for the Historic Womans Club of Boynton Beach (HWCBB) located at 1010 S. Federal Highway, Boynton Beach, FL. The deed was recorded on April 5, 2021 (see Attachment 1). Subsequent to the land transfer, the City evaluated the upcoming improvements and has determined that these will require professional design services (e.g. architectural, engineering services, etc.). In addition to the $250,000 that was agreed to be annually allocated for the next three years by the Board in February, the City is requesting a total not to exceed $87,000 for the required design services for the ADA bathroom upgrades ($16,200), Security/Balcony/Doors ($20,000), and US 1/Federal Highway mid-block pedestrian crosswalk from the Senior Center located at 1021 S. Federal Highway ($50,000) (see Attachment 11). The current ILA approved by the Board in February only allows for funding of actual construction costs and and does not allow for the funding of design services. Approval of the ILAwill allow the City to access previously allocated CRA funds from this fiscal year to hire the professionals so that some of the improvements may be completed for the upcoming peak season rentals. A copy of the proposed Design Services ILA for the HWCBB, Attachment III, has been reviewed by the CRA legal counsel and City legal counsel. Once approved by the CRA Board, the ILA may be scheduled for City Commission approval at their May 18, 2021 meeting. Background: The CRA purchased the Historic Woman's Club of Boynton Beach (HWCBB) located at 1010 S. Federal Highway in September 2017 and have been maintaining and operating the facility. For the past three years, substantial repairs and nonstructural improvements (e.g. roof repair, interior and exterior painting, floor refinishing, electrical and a/c repairs, landscaping, etc.) were undertaken by the CRA to prevent further deterioration and enhance the marketability of the facility as an events venue. The CRA continued to operate and was able to rent the facility in between the various renovations until the onset of COVI D-19 pandemic. At the May 12, 2020 CRA Board meeting, the Board reviewed the City's Letter of Intent for the operation and management of the HWCBB. The Board decided that in order to activate the various recreational, civic and cultural uses on the property as well as the potential engagement of various non-profit uses, the ownership of the property should be transferred to the City for consistency with the CRA's statutory mandates. The Board directed staff to bring back an Interlocal Agreement (ILA) for the Board's consideration for the ownership transfer of the HWCBB to the City and the funding of brick-and-mortar improvements to the site and pedestrian connections to the Senior Center, located at 1021 S. Federal Highway. As structured, the attached ILA allows the City to request reimbursement funding for eligible costs for the physical maintenance and future renovations in an amount not to exceed $250,000 annually for three years, contingent on inclusion of the funding in the CRA's approved Budget for the given fiscal year in which the funds will be disbursed. The ILA also details the responsibilities of each party and timeline and documentation for funding requests and disbursements (see Attachment IV, Paragraphs 2-4 of the ILA, Pages 2-5) as well as the land transfer of the property (Paragraph 7 of the ILA, Page 5). FISCAL IMPACT: FY 2020-2021 Budget, Line Item #01-51620-213 (Buildings & Grounds), $185,000 and Line Item #02-58200-404 (Capital Outlay), $238,525 Future Fiscal Impacts: FY 2021-2022, Capital Outlay, $250,000 FY 2022-2023, Capital Outlay, $250,000 FY 2023-2024, Capital Outlay, $250,000 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan: Historic Properties and Federal Highway District, 2010 Downtown Vision and Master Plan CRA BOARD OPTIONS: 1. Approve the I nterlocal Agreement with the City of Boynton Beach for funding in the amount not to exceed $87,000 for professional design costs associated with the improvements to the property located at 1010 S. Federal Highway, Boynton Beach, FL. 2. Do not approve the I nterlocal Agreement with the City of Boynton Beach for funding in the amount not to exceed $87,000 for professional design costs associated with the improvements to the property located at 1010 S. Federal Highway, Boynton Beach, FL. 3. Provide alternative direction to staff upon further discussion. ATTACHMENTS: Description D Attachment I -Copy of Recorded Deed for HWCBB D Attachment II -April 15, 2021 City of Boynton Beach HWCBB Design Costs Request D Attachment III - Proposed Design Services ILAfor the HWCBB D Attachment IV - Land Transfer, Operations, and Maintenance ILAfor the HWCBB 1111111111111111111111111111111111111 fill 1111 C=FN 2a H2101 1-9B-B.xi1CBB=B OR BV - IF G 0RECORDED LFx Ii4/IjS/2�i?1 14a47c3s AMT 1�.0o DOC Stamp 0.70 Palm Beach County, Florida Joseph Abru«o,C:lerk Pre are_'bv and return to: F'ss 086 - 869s (2p9s) Ken . Dodge, Esquire Lewis, Man& Walker,P.A. 515 No gler Drive,Suite 1500 West Pa ch,FL 33401 Telephone: 56} 690-0820 File Number:: 10 0�,_ (Space Above This Line For Recording Datal Quit Claim Deed 0 This Quit Claim De m de this 10th day of March, 2021, between Boynton Beach Community Redevelopment Agency,a public agency cr t pursuant to Chapter 163, Part III of the Florida Statutes, whose post office address is 100 E. Ocean Avenue, 4th oynton Beach, FL 33435, grantor, and City of Boynton Beach,a Florida municipal corporation,whose post office s is 100 E.Ocean Avenue, Boynton Beach, FL 33435, grantee: (Whenever used herein the terms "grantor' "�ntee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals,and the successors and assigns o ns,trusts and trustees) Witnesseth,that said grantor, for an nsideration of the sum TEN AND NO/100 DOLLARS ($10.00)and other good and valuable consideration to said grant hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to t antee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and a following described land,situate, lying and being in Palm Beach County, Florida to-wit: Lots 4, 5, 6 and 7, PARKER ESTAT , cording to the plat thereof, as recorded in Plat Book 10, Page 37, of the Public Records of Pal ch County, Florida, LESS the West 35 feet thereof for road right of way. ZL To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right,title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use,benefit and profit of the said grantee forever. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTime® Book32350/Page869 CFN#20210150500 Page 2 of 2 Signed,sealed and delivered in our presence: Boynton Beach Community Redevelopment Agency,a public agency created pursuant to C apter 163, Part III,of 0 Florida Statutes C45:�Mhe- By: Wit ss me: �l1 Seven B.Grant,Chair Witness Name" - 5 • • (Corporate Seal) •• A =EA�CO&A State of Florida County of Palm Beach • • The foregoing instrument was a e�ed before me by means of[X] physical presence or �] online notarization, this IOth day of March,2021 by Steve rant of Boynton BTMy ity Redeveloppent gen a public agency created pursuant to Chapter 163, Part 111, o tatutes, on brporation. H /s personally known to me or [X]has produced a driver's license as fication. [Notary Seal] L, / blic ame: Qmission Expires: THERESA UTTERBACK r; Notary Public-State of Florida sr es Commissiom#GG1{2474 ?®d My Comm.Expires Feb 5.2022 Bonded through National Notary As, Quit Claim Deed-Page 2 DoubleTime® Shutt, Thuy From: Matos, Kathryn Sent: Thursday, April 15, 2021 4:03 PM To: Shutt, Thuy Cc: LaVerriere, Lori; Simon, Michael; Mack, Andrew Subject: Design Costs - HWCBB Good afternoon,Thuy, As we discussed in our meeting yesterday, here's the design costs for the Women's Club that we will incur this year(FY 20/21): Restroom ADA Design -$16,200 Crosswalk Design -$50,000 Security/Balcony/Doors Design -$20,000 Let me know if you need anything else for the ILA.Thank you. Kathryn Int= tors Assistant City Manager City Manager's Office Mailing Address: P,O, Box 310 1 Boynton Beach, Florida 33425 Ed Physical Address: 500 L Ocean Ave, I Boynton Beach, Florida33435 55 .-742-50 .2 55 .-742-5055 M tosl<@bb`l,us boynton-be c:r erg/ Please be advised that Florida has a broad public: records law and all correspondence to me via email may be subject to disclosure,Undr Florida records law, email :;:res'ses are public records, Iffierefore, your e-mail communication an:; your e-mail ddres's may be subject to public: disclosure, 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN DESIGN SERVICES FOR THE PROJECT LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FL. THIS AGREEMENT ("Agreement")is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually a "Party" and collectively, the"Parties"). WITNESSETH: WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan; and WHEREAS, the CRA recently transferred to the City the property within the CRA Area located at 1010 South Federal Highway, Boynton Beach, FL (the"Property"); and WHEREAS, the Property contains the Historic Woman's Club of Boynton Beach building ("HWCBB"); and WHEREAS, the HWCBB is listed on the National Register of Historic Places; and WHEREAS, the CITY and the CRA previously entered into an Interlocal Agreement on February 2021 (the "February 2021 Interlocal Agreement")to fund various physical improvements to the HWCBB related to ADA accessibility, historic preservation, health and safety codes, and pedestrian access between parking areas and the HWCBB, and to fund certain operations and maintenance costs (hereinafter referred to as "the Project"); and WHEREAS, in order to accomplish certain portions of the Project, the CITY requires professional design services; and WHEREAS,the February 2021 Interlocal Agreement did not include funding for professional design services; and WHEREAS, the CRA has determined that the Project and the CITY's use of the Property for municipal and cultural purposes and as an events venue supports the goals of the Plan; and WHEREAS,the CRA finds the Project will enhance the CRA Area; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the Plan and Chapter 163, Florida Statutes; and 01487081-2 1 WHEREAS, due to the intended historic preservation of the HWCBB, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, and in particular the CRA Area; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Reimbursement Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Eighty- Seven Thousand and 00/100 Dollars ($87,000) to be used for only reimbursement of certain eligible expenses. Eligible expenses are those expenses that are for professional design services directly related to the Project, are consistent with the requirements of Florida Statutes, are consistent with the Plan, and are in compliance with the requirements of this Agreement. Design expenses associated with providing access to the Property may be considered part of the Project and are eligible expenses. CITY overhead, CITY administrative costs, and payment to CITY employees are not eligible expenses. b. The CRA's obligation to provide funding to the City is contingent upon the inclusion of the funding in the CRA's approved Budget for the fiscal year in which the funds will be disbursed. C. The CRA will reimburse the CITY for eligible expenses upon receipt of a written, complete Reimbursement Request from the CITY that meets the requirements of this Agreement as further described below. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. The CITY shall ensure that the Project is accomplished in compliance with the Plan and Florida Statutes. C. The CITY shall be responsible for overseeing the Project, coordinating with the designer(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. 01487081-2 2 d. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director or designee and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes or supporting any Reimbursement Request. 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request") meeting the requirements of this Agreement to the CRA. In order to be eligible for reimbursement, the Reimbursement Request must be submitted no later than: i. Ninety (90) days after payment by the CITY of funds for which it is seeking reimbursement; ii. Forty-five (45) days before the end of the CRA's fiscal year; and iii. Forty-five (45) days before this Agreement terminates. b. In order to be deemed a complete Reimbursement Request, the Reimbursement Request shall include the following information: i. The amount of reimbursement requested; ii. A summary of the Project items for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, and evidence supporting the statement; and iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. C. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement, to the CITY within ninety (90) days of receipt of the Reimbursement Request. d. If the CITY fails to submit a Reimbursement Request within ninety (90) days after any payment for the design services,the CITY will no longer be eligible to receive reimbursement for that payment. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have 01487081-2 3 ninety(90) days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request; however, in no case shall the City submit such documentation later than forty-five (45) days before the end of the CRA's fiscal year. If the CITY fails to provide the documentation required by the CRA within the required time limits,the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the CITY for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project,and shall not otherwise be responsible for effectuating the Project or otherwise assisting with the HWCBB. 6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon the date of execution by the last Party to this Agreement("Effective Date"), and unless earlier terminated pursuant to this Agreement, shall terminate September 30, 2024 ("Termination Date"). In no case shall the CRA be required to reimburse the CITY for any untimely requests, or requests submitted after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 01487081-2 4 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Parry shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 10. Default. Unless otherwise provided in this Agreement, if either Parry defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party,the Parry giving notice of default may terminate this Agreement through written notice to the other Parry. Failure of any Parry to exercise its right in the event of any default by the other Parry shall not constitute a waiver of such rights. No Parry shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This paragraph shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third-Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 01487081-2 5 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: a. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4th Floor Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 01487081-2 6 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government,non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Parry. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Parry is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s)from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity, waiver, termination, maintenance of the Property, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. [Signatures on following page.] 01487081-2 IN WITNESS WHEREOF,the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Crystal Gibson, CITY Clerk Steven B. Grant, Mayor Approved as to Form: Date: (SEAL) Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Steven B. Grant, Chair Date: 01487081-2 8 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE TRANSFER OF THE PROPERTY LOCATED AT 1010 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH,FL TO THE CITY OF BOYNTON BEACH AND THE FUNDING OF CERTAIN IMPROVEMENTS, OPERATIONS,AND MAINTENANCE THERON. THIS AGREEMENT("Agreement")is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually a "Party" and collectively, the "Parties"). WITNESSETH: WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan("Plan") calls for the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan; and WHEREAS, the CRA owns the property within the CRA Area located at 1010 South Federal Highway, Boynton Beach, FL (the "Property") as further described in Exhibit"A," which is hereby incorporated herein; and WHEREAS, the Property contains the Historic Woman's Club of Boynton Beach building ("HWCBB"); and WHEREAS, the HWCBB is listed on the National Register of Historic Places; and WHEREAS, the Property is subject to certain restrictive covenants; and WHEREAS, the CITY desires to own the Property and use the HWCBB for proper municipal purposes, specifically, for municipal and cultural purposes and as an events venue available to rent by the general public; and WHEREAS,the use of the Property by the CITY for municipal and cultural purposes and as an events venue supports the goals of the Plan; and WHEREAS, the Property is also located adjacent to 1021 S Federal Highway, Boynton Beach, FL, (the "CITY Parcel") (a description of which is attached hereto as Exhibit `B," which is hereby incorporated herein), which is owned by the CITY; and WHEREAS, the CITY Parcel contains additional parking critical for continued historic preservation and full use of the Property by the CITY as described above; and WHEREAS, the transfer of this Property to the CITY will further promote the goals and objectives of the CITY; and 01434266-1 1 WHEREAS, the CITY will undertake the maintenance and operations of the Property in furtherance of that goal; and WHEREAS, maintenance and operation of the HWCBB requires the additional off-site parking found on the CITY Parcel; and WHEREAS, the CRA desires to provide the CITY with funding for the maintenance and operation of the Property, for a period not to exceed three (3) years from the Effective Date of this Agreement ("Maintenance Period"); and WHEREAS, the CRA further desires to fund various physical improvements to the HWCBB related to ADA accessibility, historic preservation, health and safety codes, and pedestrian access between parking areas and the HWCBB; and WHEREAS, the physical improvements described above and the operations and maintenance of the HWCBB during the Maintenance Period are hereinafter referred to as the "Project;" and WHEREAS,the CRA finds the Project will enhance the CRA Area; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended historic preservation of the HWCBB, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, and in particular the CRA Area; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Reimbursement Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Two Hundred Fifty and 00/100 Dollars ($250,000) annually (for a maximum total of$750,000) to be used for only reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to the Project, and in compliance with the requirements of this Agreement. In addition, only direct expenses for materials, labor, construction, and equipment costs associated with the Project for the physical operation and maintenance of the Property (the term "Property" includes 01434266-1 2 the HWCBB), and expenses associated with construction and installation of physical improvements related to ADA accessibility, historic preservation, health and safety codes, and pedestrian access between parking areas and the HWCBB, shall be considered eligible expenses. CITY overhead, CITY administrative costs, payment to CITY employees, and any payoffs required by applicable restrictive covenants are not eligible expenses. b. The CRA's obligation to provide funding to the City is contingent upon the inclusion of the funding in the CRA's approved Budget for the fiscal year in which the funds will be disbursed. C. The CRA reimburse the CITY for eligible expenses upon receipt of a written, complete Reimbursement Request from the CITY that meets the requirements of this Agreement as further described below. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. As a prerequisite for receiving funding in any given year pursuant to this Agreement, no later than the last day of April every year through the life of this Agreement, the City shall provide the CRA with an Annual Budget Request. The Annual Budget Request shall state the amount of funding the City is requesting the CRA include for the Project in its budget for the subsequent fiscal year. The first Annual Budget Request shall be due on April 30, 2021, for funds to be included in the CRA's Budget for the 2021/2022 fiscal year. Upon receipt of the timely submitted Annual Budget Request, the CRA shall include the funding amount requested in its proposed Budget to be considered for approval by the CRA Board. C. The CITY shall ensure that the Project is accomplished in compliance with the Plan and Florida Statutes. d. The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. e. The CITY shall also be responsible for the maintenance of the Property, along with contracting and coordinating with all other entities as necessary to comply with the Secretary of Interior's Standards for the Treatment of Historic Properties, during the term of the Agreement and thereafter. 01434266-1 3 f. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director or designee and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes or supporting any Reimbursement Request. g. The CITY shall honor all existing rental agreements between the CRA and third parties as of the Effective Date, and shall assume the responsibilities and obligations of the CRA in such agreements. On the Effective Date,the CRA will provide copies of all agreements between the CRA and third parties to the City. 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request") meeting the requirements of this Agreement to the CRA. In order to be eligible for reimbursement, the Reimbursement Request must be submitted no later than: a. Ninety (90) days after payment by the CITY of funds for which it is seeking reimbursement; b. Forty-five (45) days before the end of the CRA's fiscal year; and c. Forty-five (45) days before this Agreement terminates. b. In order to be deemed a complete Reimbursement Request, the Reimbursement Request shall include the following information: i. The amount of reimbursement requested; ii. A summary of the Project items for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, and evidence supporting the statement; iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement; and v. For any Reimbursement Request submitted after final completion of a physical improvement, evidence of an approved final inspection, or equivalent, and a final report by the CITY detailing at minimum the type improvements, reasons for the improvements, and the associated costs. 01434266-1 4 C. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement, to the CITY within ninety (90) days of receipt of the Reimbursement Request. d. If the CITY fails to submit a Reimbursement Request within ninety(90) days after the final completion of any physical improvement, the CITY will no longer be eligible to receive reimbursement for that improvement. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have ninety (90) days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request; however,in no case shall the City submit such documentation later than forty-five (45) days before the end of the CRA's fiscal year. If the CITY fails to provide the documentation required by the CRA within the required time limits, the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the CITY for any portion of the request the CRA deems ineligible for reimbursement. S. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project, and shall not otherwise be responsible for effectuating the Project or otherwise assisting with the HWCBB. 6. Additional Limitations on Reimbursement Funds. If any portion of the Property ceases to be used for public purposes, or of any portion of the Property is assigned for use to a private or non-profit entity for more than seven calendar days (whether or not such entity pays the CITY rent for such use), then the maintenance and operations costs for that portion of the Property shall not be deemed eligible expenses for the duration of the use by that entity or during such time as the Property is not used for public purposes. The intent of this paragraph is to prevent the use of CRA funds for improving, operating and maintaining any portion of the property for which the primary beneficiary is the entity operating that portion of the property(such as a vendor or service provider) or the customers of that entity, and this paragraph shall be construed in light of this stated intent. 7. Land Transfer. The CRA ,upon recommendation of staff, deems it in the best interest of the citizens and residents of the CITY and in furtherance of the Plan to transfer the Property to the 01434266-1 5 City. The CRA and the City will negotiate and enter into a separate Purchase and Sale Agreement for a Quit-Claim Deed transferring the Property from the CRA to the CITY. 8. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 9. Term of the Agreement. This Agreement shall become valid and commence upon the date of execution by the last Party to this Agreement ("Effective Date"), and unless earlier terminated pursuant to this Agreement, shall terminate three years from the Effective Date ("Termination Date"). In no case shall the CRA be required to reimburse the CITY for any untimely requests, or requests submitted after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 10. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 11. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 01434266-1 6 12. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10) calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This paragraph shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 13. No Third-Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 14. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 15. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 16. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 17. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 01434266-1 7 18. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 19. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: a. CITY. Lori LaVerriere, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 100 E. Ocean Avenue 4`h Floor Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren, Cherof, Doody &Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman&Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 20. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government,non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 01434266-1 8 21. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 22. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 23. Survival. The provisions of this Agreement regarding indemnity, waiver, termination, maintenance of the Property, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 24. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. [Signatures on following page.] 01434266-1 9 IN WITNESS WHEREOF,the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal rporation rta By: d Crystal Gibsoiv"CITY Clerk Steven B. Grant, Mayor t Approved a-, to Foy r} . Date: (SEAL) Office of the CITY Attorney Approved s t Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By e of the CRA Attorney Steven B. Grant, Chair Date: o 01434266-1 10 EXHIBIT "A" CRA-owned PropertyInformation (1 010 e eral Highway,Boynton Beach) Parcel ID er: 08- 3- 5- - -000-0040 Legal Description: Lots 4, 5, 6, and 7, Parker Estates, according to the Plat thereof as recorded in Plat Book 10, Page 37, Public Records of Palm Beach County, Florida, Less the West 35 Feet thereof for Road Right of Way. Location i s i i s fs 5 t k t s1 at y S E 10 M AA�t a 11., sets, � a � � 4 01434266-1 1 1 EXHIBIT "B" CITY-owned Property Information (1021 South Federal Highway, Boynton Beach) Parcel ID Number: 08-43-45-28-24-000-0140 Legal Description: PARCEL I: Lots 14, 15, 16,and 17,PARKER ESTATES, 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 Cunty, Florida, recorded in Plat Book 10, at Page 37. PARCEL II: Lots 1 and 2, Block B, HATHAWAY PARK, a subdivision of the City of Boynton Beach, Florida, according to the Plat thereof on file in the office of the Clerk of Court in and for Palm Beach County, Florida, recorded in Plat Book 13 at Page 17. SUBJECT TO: easements,reservations,restrictions,road-right-of-way of record,if any, and taxes for the year 1998 and thereafter. Location Map r ruff rAl, , 3 i r � C J r Y xr.a M1� 4 Hic r hl 4 ut 1 r �r r ,rSEr t�tM asv r 1�1£,. i vet it 4 0:434266-1 12 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT CRA BOARD MEETING OF: May 11, 2021 OLD BUSINESS AGENDAITEM: 15.F. SUBJECT: Consideration of an I nterlocal Agreement with the City of Boynton Beach for Improvements to the Sara Sims Park Amphitheater SUMMARY: In September 2018, the Boynton Beach CRA (BBCRA) Board approved $643,890 in CRA funds for the renovation of Sara Sims Park and relocation of the Ocean Avenue stage canopy through an Interlocal Agreement (ILA) with the City of Boynton Beach (see Attachments I & II). The total cost of the Project was estimated at $1.4 million and the City of Boynton Beach provided the match funding needed to complete the Project. The Sara Sims Park renovation project was completed in November 2019, however, the community had voiced their disappointment and dissatisfaction with the condition of the performance pavilion portion of the project. As part of the BBCRA FY 2020-2021 budget planning process, the BBCRA approved $50,000 to be allocated towards improvements to the Sara Sims Performance Pavilion in response to the community's concerns and based on initial cost estimates for a limited project scope. On October 13, 2020, the CRA Board approved an ILA to contribute to the cost of the enhancements. Since the execution of the ILAfor the improvements on October 19, 2020 (see Attachment III), the City has completed the process of a formal request for bids to complete the project through their Minor Construction Services contract. The result of the bid process was an increase in costs for a total of $150,000. This increase was attributed to a more comprehensive design which includes the addition of landscaping improvements, audio stage sound equipment, ADA accessibility accommodations, and general material increases (see Attachment IV). The City is requesting $150,000 in CRA funding to cover the amphitheater improvements. The executed October 2020 1 LA was approved by the CRA Board but did not go before the City Commission for final approval, therefore, the ILA must be rescinded so the new ILA (see Attachment V) may be approved. The new I LA includes the total costs for the improvements to the amphitheater as previously described. FISCAL IMPACT: FY 2020-2021 Budget, Project Fund Line Item 02-58200-406 $50,000 and 02-58200-404, $100,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: MOTION ONE: 1. Rescind the previously executed I nterlocal Agreement (ILA) between the Boynton Beach CRA and City of Boynton Beach associated with the funding of certain enhancements to the Sara Sims Park performance pavilion in an amount not to exceed $50,000, as provided in Attachment 111. MOTION TWO: 1. Approve the Interlocal Agreement (ILA) between the Boynton Beach CRA and City of Boynton Beach associated with the funding of certain enhancements to the Sara Sims Park amphitheater in an amount not to exceed $150,000, as provided in Attachment V. 2. Do not approve the Interlocal Agreement (ILA) between the Boynton Beach CRA and City of Boynton Beach associated with the funding of certain enhancements to the Sara Sims Park amphitheater. 3. Other options to be determined by the CRA Board. ATTACHMENTS: Description D Attachment III -October 2020 ILAfor Sara Sims Park Enhancements D Attachment IV - Proposed Design Drawings D Attachment V - May 2021 ILAfor Enhancements to the Sara Sims Park Performance Pavilion INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN ENHANCEMENTS OF THE SARA SIMS PARK IMPROVEMENT PROJECT LOCATED WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENTA E:A. THIS AGREEMENT("Agreement")is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Party" or"Parties"). WITNESSETH: WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan("Plan") calls for the redevelopment of the Community Redevelopment Area("CFtLA.Area")as described in the Plan; mid WHEREAS, the CITY and. the CRA desire to provide funding for the enhancement and improvement to Sara Sims Park (the "Project"), as further described in Exhibit "A," which is hereby incorporated herein; and WHEREAS, the Project site lies within the boundaries of the CRA Area, and more specifically, in the Heart of Boynton District; and WHEREAS,the CRA has previously provided funding to the CITY through In interlocal agreement for certain improvements to the Sara Sims Park-, and WHEREAS,the Project is intended to improve the quality, aesthetics and function of Sara Sims Park for the residents of the Heart of Boynton District; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 01372498-2 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Fifty Thousand and 00/100 Dollars ($50,000), for physical improvements as part of the Project consistent with the terms of this Agreement,to be used for reimbursement of certain eligible costs. b. The CRA shall make payments to the CITY upon receipt of a complete written request from the CITY for payment, which request shall comply with all requirements of this Agreement. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. The CITY shall ensure that the Project is designed and constructed in compliance with the Plan. C. The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. d. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes. 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request")to the CRA no later than 30 days after payment by the CITY of funds for which it is seeking reimbursement, and in no case later than 30 days after the Project achieves final completion. For purposes of this Agreement, final completion shall be deemed achieved upon issuance of a Certificate of Completion, or the equivalent. The request shall include the following information: i. The amount of reimbursement requested; 01372498-2 2 ii. A summary of the Project improvements for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, and evidence supporting the statement. iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. v. For any Reimbursement Request submitted after final completion, a fully executed Certificate of Completion, or equivalent. b. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement,to the CITY within thirty(30)days of receipt of the Reimbursement Request. C. If the CITY fails to submit a Reimbursement Request within 30 days after the Project achieves final completion, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate.If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the CITY fails to provide the documentation required by the CRA within 30 days,the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the CITY for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project,and shall not otherwise be responsible for effectuating the Project. 6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise 01372498-2 3 related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after the Project has obtained a Certificate of Completion, or equivalent,and the CRA reimburses the CITY for the Project. In no case shall the CRA be required to reimburse the CITY for any untimely requests, or requests submitted after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least I year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 10. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10) calendar days after receipt of written notice of such default from the other Party,the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to 01,372498-2 4 the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the. entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the 01372498-2 5 Party for whom it is intended at the place last specified; and the place for giving of notice shall rernain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: a. CITY: Lori LaVerriere, City Manager CITY of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 100 E. Boynton Beach Boulevard 4`h Floor Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Dulty, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal 01372498-2 6 document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an. original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically(ie., via facsimile or pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity, waiver,and termination, and records shall survive the expiration or termination of this agreement and remain in full force and effect. 22. Time is oft e Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. [Signatures on following page.] 01372499-. 7 IN WITNESS WHEREOF,the CITY and the CPA hereto have executed this Agreement as of the later of the dates set forth below, ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation .................. By:_........_..._..... Crystal Gibson, CITY Clerk Steven B. Grant, Mayor Approved as to Form: Date: (SEAL) Office of the CITY Attorney ov a to Form: Appr,�ed7 / BOYNTON BEACH COMMUNITY REDEVELOPMENU—AGEN- C- By: .......... ,Office of the CRA Attorney Steven B. Grant, Chair D ate: 14011?��z 0 z 01372498-2 8 ........................ 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U � f WLLJ QW z J cn O cn � M W U W W U W > W D U U U N O N O U U U CL� O N z N z W O a T a m Q _.........._....� � � N LLJ ry O OJ o U = W W Q m O Qco U _LLJ •:. y cn > Q m 4 .. .. - X Q � W IZ N W z ^w U Q E N J > n Q W IL CD LLJ t 0 � E tea 0 O z''" z Q C ..� F-F- 2) - v 2LLJ -iw t ° Lij U z o W cn INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN ENHANCEMENTS OF THE SARA SIMS PARK IMPROVEMENT PROJECT LOCATED WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. THIS AGREEMENT("Agreement")is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Party" or"Parties"). WITNESSETH: WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan; and WHEREAS, the CITY and the CRA desire to provide funding for the enhancement and improvement to Sara Sims Park (the "Project"), as further described in Exhibit "A," which is hereby incorporated herein; and WHEREAS, the Project site lies within the boundaries of the CRA Area, and more specifically, in the Heart of Boynton District; and WHEREAS, the CRA has previously provided funding to the CITY through an interlocal agreement for certain improvements to the Sara Sims Park; and WHEREAS,the Project is intended to improve the quality, aesthetics and function of Sara Sims Park for the residents of the Heart of Boynton District; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 01372498-2 1 1. Recitals. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed One Hundred Fifty Thousand and 00/100 Dollars ($150,000), for physical improvements as part of the Project consistent with the terms of this Agreement, to be used for reimbursement of certain eligible costs, further described in Exhibit"A". b. The CRA shall make payments to the CITY upon receipt of a complete written request from the CITY for payment, which request shall comply with all requirements of this Agreement. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. The CITY shall ensure that the Project is designed and constructed in compliance with the Plan. C. The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. d. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes. 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request")to the CRA no later than 30 days after payment by the CITY of funds for which it is seeking reimbursement, and in no case later than 30 days after the Project achieves final completion. For purposes of this Agreement, final completion shall be deemed achieved upon issuance of a Certificate of Completion, or the equivalent. The request shall include the following information: 01372498-2 2 i. The amount of reimbursement requested; ii. A summary of the Project improvements for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, and evidence supporting the statement. iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. v. For any Reimbursement Request submitted after final completion, a fully executed Certificate of Completion, or equivalent. b. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement,to the CITY within thirty (30)days of receipt of the Reimbursement Request. C. If the CITY fails to submit a Reimbursement Request within 30 days after the Project achieves final completion, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate.If the CITY submits a Reimbursement Request that the CRA deems incomplete,the CRA shall notify the CITY in writing. The CRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the CITY fails to provide the documentation required by the CRA within 30 days,the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the CITY for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project, and shall not otherwise be responsible for effectuating the Project. 6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which 01372498-2 3 may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after the Project has obtained a Certificate of Completion, or equivalent, and the CRA reimburses the CITY for the Project. In no case shall the CRA be required to reimburse the CITY for any untimely requests, or requests submitted after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 01372498-2 4 10. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party,the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States 01372498-2 5 of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: a. CITY: Lori LaVerriere, City Manager CITY of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 100 E. Ocean Avenue, 4t'Floor Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 01372498-2 6 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e.,via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity,waiver, and termination, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. [Signatures on following page.] 01372498-2 IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Crystal Gibson, CITY Clerk Steven B. Grant, Mayor Approved as to Form: Date: (SEAL) Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Steven B. Grant, Chair Date: 01372498-2 8 EXHIBIT "A" Description of the"Proiect" (Remainder ofExhibit "A"found on the following four (4)pages) 01372498-2 9 ........................ 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U � f WLLJ QW z J cn O cn � M W U W W U W > W D U U U N O N O U U U CL� O N z N z W O a T a m Q _.........._....� � � N LLJ ry O OJ o U = W W Q m O Qco U _LLJ •:. y cn > Q m 4 .. .. - X Q � W IZ N W z ^w U Q E N J > n Q W IL CD LLJ t 0 � E tea 0 O z''" z Q C ..� F-F- 2) - v 2LLJ -iw t ° Lij U z o W cn 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY CRA BOARD MEETING OF: May 11, 2021 FUTURE AGENDA ITEMS AGENDAITEM: 17.E. SUBJECT: MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project Update SUMMARY: Since approval of the Purchase and Development Agreement in September 2019 with Centennial Management Corp (CMC) for certain properties on Martin Luther King Jr. Boulevard, the following activities have occurred: • November 2019: CMC submitted its formal application to the Florida Housing Finance Corporation's 9% Low Income Housing Tax Credit Funding Program. • January 2020: CMC's application and the MLK Jr. Boulevard Corridor Redevelopment Project drew the #1 lottery position to receive a funding award. • April 14, 2020: CMC's funding application received final award approval from the Florida Housing Finance Corporation. • May 6, 2020: CRA staff and CMC staff met via video conferencing to discuss next steps and their 4/29/20 site plan items. • June 3, 2020: Further discussion between CRA staff and CMC concerning the development of the Project's design, the residential/commercial components, financial structure and items to be presented to the CRA Board at their June 9, 2020 meeting. • July-August 2020: Discussion between CMC and City staff concerning their site plan. • September 2020: CMC's formal site plan application has been submitted for review. • October 27, 2020: Project site plan appeared before the City's Planning & Development Board • November 4, 2020: The North and South Project Site Plan Applications were approved by the City Commission (see Attachments I & 11). • March 9, 2021: CMC progress update to be given to CRA Board. Under Section 20 of the Purchase & Development Agreement between the CRA and Centennial Management Corp. (CMC), the Seller and Purchaser may enter into a separate agreement establishing terms and conditions under which Seller may provide additional funding to Purchaser for costs associated with construction, operation and maintenance of the Commercial Component of the Project (see Attachment 111). CRA staff and CMC have begun to formulate the terms and conditions of the Commercial Component Agreement to be presented to the CRA Board for consideration and approval at a future meeting. FISCAL IMPACT: Fiscal Year 2019-2020 Budget; Project Fund Line Item 02-58200-406 - Local Government Match Contribution $626,000 CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: No action is required unless otherwise determined by the CRA Board. ATTACHMENTS: Description